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VAC Renovations Miami Beach b.e.d AU.America CitY , II U' m INVITATION FOR BIDS HV AC RENOV A TIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 BID OPENING: SEPTEMBER 24,2004 AT 3:00 P.M. C NIGP~ .. Outstanding Agency OAl Accreditation Achi;vcmenr Award Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 http:\\www.miamibeachfl.gov F:\PURC\SALL\MART A \Bids\03-04\ITB 44-03-04 HV AC Projects.doc CITY CLERK BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH I AGREEMENT THIS AGREEMENT made this 4th day of January 20 05, 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 of the one part, and F.X,P. CORPORATION 2897 S.W, 69TH COURT MIAMI. FLORIDA 33155 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the 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 "HV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS" to include PSCU AND IT AIR CONDITIONING BACK-UP UNITS, AND PSCU AND IT AIR CONDITIONING MAIN UNITS 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. The City will issue Notices to Proceed for each project separately, A first notice to proceed will be issued after award of contract notifying contractor to commence scheduling activities, permit applications, delivery of the equipment and other pertinent work. Once contractor is in receipt of all permits and materials, a second notice to Proceed will be issued to mobilize on the project site and commence with work, The Contractor shall commence work within seven (7) days of the Second Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: BID NO. 44-03/04 AGREEMENT PAGE 1 OF 3 3.1 The back-up units shall be installed first. The back-up unit project shall be Substantially Completed within fifteen (15) 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, After installation of these units is complete, the replacement of the existing units shall commence, Separate Notices to Proceed shall be issued for the main unit project. The main unit project shall be Substantially Completed within fifteen (15) calendar days from the issuance of the second Notice to Proceed issued for the main unit project, 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 plus any extensions thereof allowed. 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 One Hundred Dollars ($100.00) 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 One Hundred ($100.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for fmal 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 BID NO. 44-03/04 AGREEMENTPAGE20F3 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. 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: $ 142.000 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, (SEAL) Title ATTEST: ~ \.--~. .J. . APPROVED AS TO o r~RM&LANGUAGE & rOR EXECUTION BID NO. 44-03/04 AGREEMENT PAGE 3 OF 3 I\JA IJJiC';dJ'~1- {..., "05 ~ Date PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) Bond no. 0100310 STATE OF FLORIDA) 5S COUNTY OF ) MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS that we, FXP CORP. as Principal, hereina.fter called Contractor, and Carol ina Casualty Insurance Company as Surety, are firmly bound unto the City of Miami Beach. Florida, as Obligee:hereinafter called the City, in the Penal sum of One Hundred Forty Two Dollars ($ 142,000.00 ), for the payment of which sum well and truly to be made, we bindIgguM?~oo ourselves, our heirs, executors, administrators, succeSSors and assigns, jointly and seve~ally, firmly by these presents, WHEREAS, Contractor, on the _ day of , 20-----, entered into a certain contract with the City, hereto attached, for BID# 44-03/04, entitled, "BV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS" to include PSCU AND IT AlR CONDITIONING BACK-UP UNITS, AND PSCU AND IT AIR CONDITIONING MAIN' UNITS, which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall welI and truly perform and fulfill all the undertakings, covenants, tenns, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then thill obligation shall be void; othexwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to bein default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: 1. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged W1der this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. ITB 44-03/04 PERFORMANCE BOND (contd.) No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the Successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor, This Bond shall remAin in full force and effect for such period or periods of timc after the date of acceptance of the project by the City as are provided for in the Contract Docmnents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not Performed or furnished according to the terms of the Contract Do(.,"Uments, If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided bylaw. IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 29th day of December , 20_~. ITB 44-03/04 WITNESS: (Copy License as d by State of Florida Insurance Commissioner Davor 1. Mimica PERFORMANCE BOND (Contd.) PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) Attest- (Secretary) (CORPORATE SEAL) SURETY: By: fact Davo cf (Power of Attorney must be attached) ITB 44-03/04 Bond no. 0100310 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA, STAT.) BY THIS BOND, We, FXP CORP. , as Principal, and Carolina Casualty , d th C' f . . Insurance Company as corporatlOn, as Surety, are boun to e Ity 0 Miami Beach, Florida, as obligee, herein called City, in the sum of$ 142,000.00 for the payment of which we bind ourselves, our heirs, personal representatives, successors' and assigns, jointly and severally. THE CONDITION OF THIS BOND is that ifprincipal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated this Bond by reference. between the City and Principal is made a part of Claimants are advised that Section 255.05, FJa. Stat., contains notice and time limitation provisions which must be strictly complied with. ITB 44-03/04 LABOR AND MATERIAL PAYMENT BOND (contd.) IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 29th day of December , 20 04 , WITNESS; PRINCIPAL: (If sole Proprietor or partnership) (Finn Name) BY Title: (Sole Proprietor or Partner) PRINClP AL (If Corporation) FXP CORP. / (Corporate Attest: ' :f;.lW1alco ~Ll. (Secretary) (CORPORATE SEAL) (C f License s u by State of Florida I surance Commissioner Davor 1. Mimica By: -fact imica (Power of Atto ney must be attached) ITS 44-03/04 CERTJIi"ICATES AS TO CORPORATE PRINCIPAL I, E.:r:ancisco X Perez, certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that Francisco X Pe=~,!1O signed the said bond on behalf of the Principal, was then President of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporatio y authority of its governing body. STATE OF FLORIDA) 55 COUNTY OF ) MIAMI-DADE Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Davor. I. Mimi ca to me well known, who being by me first duly SWorn upon oath, says that he is the Attorney In Fact, for the Carol ina Casualty Insurance and that he has been authorized by Company Carolina C<!.~ualtv Insurance to execute the foregoing bond on behalf of the Company Contractor named therein in favor of the City of Miami Beach, Florida, Subscribed and SWorn before me this 29th day of December , 20 04 A.D. ~;~ C/;/~. ~;t<{~ ~. Notary Public State of Florida- at-Large (Attach Power of Attorney) My commission Expires Olflels! Seal GICELLE PAJON Notary Public. Slate of Florida Mj Gomm Expires "an 4, 2005 No,CC 991958 ITa 44-03/04 FLORIDA DEPARTMENT OF INSl'R-\NCE DAVOR IVAN MIMICA License NU,::~ : 4. I ~1\"Jn IS LICENSeD TO T . Iqnt:: _ _ FOllCMItNG Cl.ASS~RANGE General Lines I Prop & G..as I .........4';.._ ~...,...- 1'";15 licensee must have an active appointment with the insurer or elrp10yer for ..t-ich products 01' serJices are being marketed See :everse for 3< C !'cnal . t'quirements POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA No. 278 KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint William L. Parker or Davor I. Mimica or Joseph M. Pietrangelo of AON Risk Services, Inc. of Miami, FL its true and lawful Agent and Attorney-in-Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: any and all bonds and undertakings providing that no single obligation shall exceed Twenty Million and 0011 00 Dollars ($20,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto". RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated. RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this ?St.h day of F~hnl<lry , 700,. A~'~ By: ' ~ Betty C. th rIand Vice President and Secretary Carolina Casualty Insurance Company Byt~ t- ,&L' ~ Armin W. Blumberg President and Chief Executive Of 1 WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) ss COUNTY OF DUVAL) On this -2.5thday of Fphnl<lry , 700" before me personally came Betty C. Sutherland to me known, who, being by me duly sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and thaKbr/she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that~she signed hislher name thereto by like order. IN WIT t my hand ad affixed my official seal; the day a ,,1" UtJ o '<'.,,-~~ ~[ " COMMISSION NUMBER ~ *' <f DDl52087 ~ ~ f' .. 0 0<1- MY COMMISSION EXPIRES , f\. SEPT 23.2006 CERTIFICATE I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and the seal of the Company, this 29th day of December ,2004. Berkley Regional Insurance Company Carolina Casualty Insurance Company NOTICE Surety Bond Disclosure Notice Of Terrorism Insurance Coverage Coverage for acts of terrorism, as defined in the Terrorism Risk Insurance Act of 2002 (the "Act"), is included in your surety bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism, as defined in the Act, would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutory established deductible paid by the surety company providing the coverage, The portion of your bond premium that is attributable to coverage for acts of terrorism, as defined in the Act is: ~O.OO. This Endorsement is to be attached to bond # 0100310 and to become a part of the bond. AC1}BI}. CERTIFICATE OF LIABILITY INSURANC~~~lNR I DATI ("II/llll/'fY) 01/03/05 PRODUCER TlilS C!RTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONt Y AND CONft:ftS NO RIGHTS UPON ntE CERTIFICATE McCartney Insurance Ag.....cy,Ine HOl..DIiiR. THIS CERTIFICATE DOI!S ItlOT AMEND, EXTEND OR 6139 Bird R.oad ALTER THE COVERAGE AFFORD!O BY THE POUCIES BELOW, Miami FL 33155-3105 Phone: 305-666-4444 INSURERS AFFORDING COVERAGE '_RED INSUIlER "" Weeu.rn World Insurance 1N$UIlEI\B: AmCONP Pr.fGrred Ins. Co. np CWjration 'N$URER '" ~"'ll';'ve CoIIlp;r.n:i..es 2 97 9~ ~ourt INSURER 0, MIAKI, FL 31 5 '.-- , INSURER Ii: .- COVERAGES TIlE POlICIEG Of INSU~ LI~TEO BELOW HAVE IIE_N 1880EO TO THi INSURED NAMED ~ FOR THe POUCY '~IUDD lIiClIGIITED. NOlWmtSTI\NDING AJlV IlEOUIREI.WlT, n;1W OR CONDITION OF Am OONTl'lACT OR OTHER DOCUMENTWlTH RESPECT TO IIIHlCH THIS CERTIfICATE MAY BE !$SUED 011 MAY PiRTAlN. THIi IIIllU/lAN"" AFFORDED BY mE POLICIES D!:$CRlBEO HEREIN IS suBJ&CT TO AlL THE TlOIlMS. EXCl.l,I$IONS A>lD OONDlTIOOS 01' SUCH POL.ICIf:S. JulOI\I!~~ UMrr$ 6HQWN MAY HA.VE. BEf!:N REDUCeo BY PAID eVJMS. 't'Fi\' I Il..TIf illMloDmi ~ -- TYPE OF IHliWRANCE fQUGY HYM&ER UUITll ~ERA1. UABIUTY I roACH OCCURllENOE U,~OO,QOO A Jtt5'~IAI."""I!AA1-Ll"'LfI'I' I NPP88!5159 03/14/04 03/14/05 flRJO OAMAG~ (Any... "'.J $50,000 '..- _ CUJU6 MADE 0 OCCUR ;~~, lIED ExP(........_l S 1 ,000 - '~&NNINJURV $ 1 ,000,000 ~ Ge_AGGRIiGATE &2.000,000 ~~~n~ llWl APrrPER' PROOUlmi. COMI"/O<' AGO $ 2 000,000 POUCY ~ LOC ~IIU UAall.fTY COUIlINIlO SINQI.5 UUIT & 500,000 ANY AJ.jTO (Ell ...ol..1) r- _. I-- lilLO_AUTOS SoolLY INJURY S Bxol.l1ded C ~ SCHIiIlUlfD AUTOS 04-2295 12/16/04 12/16/05 !""_l - HIRED AUTOS BODILY INJU~ S axc:ll1d$d NON.oWN~O AUTOS (Fit '-"'l - - """PeRrY l)J\MAGIO S !\xgl ude<l (FttI_1) GARAGE I..WIIUTY AUTO ONlY - EAAC(;IDiIIT s. Excl.uded ~-ANYAUTO anlERTHAN EA ACe s Excl.ucl4K1 AUTO ONlY: AGO $ Z1tclucled exc_ LWIlllTY 1 ~H 0CCVRft!Hel! & ~ OCCuR 0 ClAIMS MAIlE AGeI\eGATI! $ I ~ DEO!J(;TIllLe & RETENTION I X ~isl IUISR I WOIIKEII8 c:otIPWNlATION AIID 11 BFI.OV!M' LlA8IlfTY WCV 7036350 08/17/04 08/17/05 E.l.. EACH IoCCIDiIIT s1,OOO,000 ~.l. DlSEA6E -EA I!MI't.OYS 11 .00.0 ,000 E.L DlSeASa. POUCY lIMIT & 1. 000 000 OTHER DESCRIPTION OF OPERAT1OH8ILOOATlONSNEHICLESIEXCl.I.ISIOIO$ ADDED BY IiHDO_Tl$PolCw.l'AO\'IIlIONC Th. CQrtifiea~ holder is listed ae additional insured with rospeet to general liability. CERTIFICATE HOLDER Ixl ADDITIOIW. BISUllED; INllURDllm'1<lIJ CAHCEu.AnoN KUoBil-l SIIOIJLD iliff Of TIlIi _ DellCllIIIID I'OUCIiI U CANClLLID IIUORE TMI![ &XPlRATOON DATI. ntEMOf, THIIOOUtH.G INSURER: WLL I!NbUVOR 'to....... ...3.0- DAYS WItI'M'&IlI Ci ty of Mi.ami. Beach Nonc!! TO THE CEJrTlFICATE HOLDER NAMED TO TWI: lEn, BUT liAU".UM TO 00 so SHAU. HVAC Reno~t.iona for Various _NO OIILIGATlOM OR l_UTY OF IVti llIND UOON '!>IE ",SUIWI, ns AGIMTS OIl C;.ty :Locations iII!FtlERNTATJVES. Bldg. i 44-03/04 - ~ ae..ch n. 33139 AUnIOIIlUD , Don McCArtnev CACORD CORPORATION 1988 ACORD 2$0$ (7/97) CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.mlamibeacl1fl.gol/ COMMISSION MEMORANDUM From: Mayor David Denner and Date: December 8, 2004 Members of the City Commission Jorge M. Gonzalez ~ ~ City Manager REQUEST FOR PPROVAL TO AWARD A CONTRACT TO F.X.P. CORPORATION PURSUANT TO INVITATION TO BID NO. 44.Q3/04, FOR THE INSTALLATION OF BACK.UP AIR CONDITIONING UNITS, AND THE REPLACEMENT OF EXISTING UNITS, AT THE PUBLIC SAFETY COMMUNICATIONS UNIT AND INFORMATION TECHNOLOGY DEPARTMENT IN THE AMOUNT OF $142,000. To: Subject: ADMINISTRATION RECOMMENDATION Approve the Award of contract. BID AMOUNT AND FUNDING $142,000 Funds are available from Property Management Account 520,1720.000674 ANALYSIS Invitation to Bid No. 44-03/04 (the "Bid") was issued on August 27, 2004, with an opening date of October 28,2004. Bid Net issued bid notices to 21 prospective bidders. Additionally, the Procurement Division sent the bid announcement to a list of supplemental bidders, thus inviting another 10 prospective bidders. The notices resulted in the receipt of two (2) bids. A third bid was received past the deadline, therefore determined non-responsive and retumed unopened to the bidder. The work specified in this bid consists of fumishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the HV AC renovations for three air conditioning projects in two City locations: purchase and installation of air conditioning back-up units at the Public Safety Communications Unit (PSCU) and Information Technology (IT) Department; replacement of existing main air conditioning units at PSCU and IT Department; and the air handler unit replacement for the Scott Rakow Youth Center. Contractor shall furnish and install new air conditioning units, support frames. duct work canvas connectors, controls. electrical, plumbing, duct smoke detectors, enginf;lering drawings and permits necessary to successfully complete the work. T:\AGENDA\2004\Dec0804\Consent\AC Renovations Memo.doc 11 Commission Memo December 8, 2004 ITS 44-03104 The lowest and best bid for the back-up unit installation, and the main unit replacement at PSCU and IT was received from F,X.P. Corporation. The City did not receive any bids for the Scott Rakow Youth Center Air Handler Unit Replacement. This contractor has been in business for 9 years as a mechanical contractor, F.X.P, successfully completed the 10lh Street Ocean Front Auditorium HVAC renovations in April 2003 in the amount $130,000. The Procurement Division obtained favorable references from the following agencies: . Florida International University . AFCO Constructors . Padula & Wadsworth . JCM Development The Contractor will procure Performance and Payment Bonds, each in the amount of 100% of the contract price. The back-up units shall be installed first. The back-up unit project shall be substantially completed within fifteen (15) 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 date of Substantial Completion. After installation of these units is complete, the replacement of the existing units shall commence. The main unit project shall be substantially completed within fifteen (15) 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 date of Substantial Completion. RECOMMENDATION Based on the analysis of the bids received I it is recommended that the City award the contract to the lowest and best bidder, F.X.P. CORPORATION. BID TABULATION VENDOR NAME Back-Up Main Units Bid Total Units F .X.P. Corporation $ 87,000 $ 55,000 *$ 142,000 Master Mechanical Service Inc. $ 144,000 $ 96,830 *$ 240,830 *The significant disparity between the aforementioned bidders' pricing is based on the following: 1, Both bidders' AC units met the specifications of the bid. However, F.X.P bid Carrier AC equipment while Master Mechanical bid Trane, Trane equipment is more expensive than Carrier. 2. The labor cost for the electrical work is much higher with Master Mechanical than F.X-P. Corporation. F.X.P, has an electrical engineer on staff that can produce mechanical engineering drawings, while Master Mechanical has to .contract ouf' the engineering drawings to an Engineering firm, 12 Commission Memo December 8, 2004 ITB 44-03/04 3. F .X. P. has successfully completed a similar project, the 10111 Street Ocean Front Auditorium HV AC renovations at a cost of $130,000. Therefore, F .X.P's bid is in line with the requirements of this Bid, T:\AGENDA\2004\Dec0804\Consent\AC Renovations Memo.doc 13 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 INVIT A TION TO BID NO. 44-03/04 ADDENDUM NO.5 October 13, 2004 MV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS is amended as follows: I. The bid opening is changed from October 141h to October 281h, 2004 at 3:00 p.m. II. The following information relative to issues raised at the site visit conducted on October 71h, 2004 is hereby incorporated and made part of ITB 44-03/04: A. Automatic transfer switches are required to provide power to back-up units. B. Back up units of lesser capacity than main units. Public Safety Communications Unit (PSCU) back-up units may be 10 tons each in order to utilize existing electrical service, Information Technology (IT) back-up unit may be 20 tons. Note this revises and supersedes the answer to question # 10 included in Addendum No.2. C. Supply of package or split back-up units. Bidders may submit bids for either package units or split units for the air conditioning back-up units for both IT and PSCU. III. The following are answers to questions submitted by prospective bidders: 1. How far are the electrical panels to new alc locations? The electrical panels are located on the first floor. 2. Do our electrical subcontractor need to tie-up to emergency generator system in case of power failure? The existing electrical circuit is already tied in to the emergency generator. Bidders are reminded to please acknowledge receipt ofthis addendum on page 28 of the Bid Documents or their bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director mf CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\lmiamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 44-03/04 ADDENDUM NO.4 October 5, 2004 HV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS is amended as follows: I. Third and final site visit scheduled time is changed 10:00 a.m. to 2:00 p.m. on Thursday October 7'h, 2004 at the Miami Beach Police Station, located at 1100 Washington Avenue. Inasmuch as this change does not materially affect the bid document, Bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director mf BID NO: 44-03/04 DATE: 09/27/04 (Added) CITY OF MIAMI BEACH 27-11 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. 44-03/04 ADDENDUM NO.3 October 5, 2004 HV AC RENOVATIONS FOR VARIOUS CITY LOCA nONS is amended as follows: I. A third and final site visit is scheduled for Thursday October 7th, 2004 at 10:00 a.m. at the Miami Beach Police Station, located at 1100 Washington Avenue. Inasmuch as this change does not materially affcct the bid document, Bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director mf BID NO: 44-03/04 DATE: 09/27/04 (Added) CITY OF MIAMI BEACH 27-11 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 hllp:\ Imiamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 44-03/04 ADDENDUM NO.2 September 27, 2004 HV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS is amended as follows: I. Mechanical drawings for the Police Station project (IT/PSCU air conditioning replacement) are available by requesting a copy from the Procurement Office at 305- 673-7490. Drawings will only be provided to those vendors requesting a copy in advance from our office. II. A second site visit is scheduled for Thursday September 30'h, 2004 at 10:00 a.m. at the Miami Beach Police Station, located at 1100 Washington Avenue. III. ADD attached page 27-11 to the bid documents. Contractor is requested to provide overtime hourly labor rates at time of bid submittal. Refer to question # 5 below. IV. The following are answers to questions submitted by prospective bidders: 1. Please clarify that both replacement and provision of new units are part ofthe bid for the PSCU and the IT. Question addressed in Addendum No. I, paragraph III C. Both replacement of existing and back-up (new) air conditioning units are part of the scope of this Invitation to Bid. Section 3,1 of the bid documents refers to back-up (new) air conditioning units, and Section 3.3 refers to replacement of existing air conditioning units. 2. Please clarify that bids can be submitted independently for the PSCU and the IT and for the Scott Rakow Youth Center. Questions addressed in Addendum No, I, paragraph III D. 3. Based on the observations during our field visit last week, we believe an extension of the bid date is required to allow the bidders to review existing conditions in more detail, specially the provision of the new back-up units including the structural, plumbing, electrical and mechanical requirements and limitations. Refer to Addendum No,!. Bid opening date is October 14th, 2004 at 3:00 p,m. 4. Please make all plans available to bidders. Existing plans will be provided for reference only. Please call in advance to request a copy. Addendum No.2 September 24, 2004 ITB 44-03/04 Page 20f3 5. Some of the new units may not fit through the existing doors. Provisions will have to be made for bringing these units in by perhaps removing the door frames and possibly portions ofthe wall. Being this the case, should the work be restricted to off-hours where premium rates will apply? Off hours work will be determined by the level of disruption to the IT/PSCU operations. EvelY effort should be made to minimize the opening of walls and removal of doors. Your bid must include the cost of performing those activities if you deem them necessary as if performed during regular business hours (Monday- Friday, 8:00 a.m. to 5:00 p,m.). Ifit is determined that these activities be performed during overtime, then a change order may be issued to compensate contractor for the additional labor expenses. Contractor shall provide the overtime labor rates on the attached form. 6. Who will be responsible for removing and re-installing computers, desks, etc... that may be required to allow the equipment in and out of the rooms? IT/PSCU will be responsible for any relocation of computers or communication equipment. 7. Similar to your preference for Carrier and Trane in the Scott Rakow Center, are there any manufacturers preferred to replace the Liebert units? Liebert systems shall be replaced with Liebert systems only. 8. Do all ofthe units have chilled water shut-offvalves? Will a general shut-down of the chiller be required? All three Liebert systems have chilled water shut off valves. If a partial or complete temporary shut down of the chilled water system becomes necessary, Property Management will conduct such shut down. 9. Is there an existing controls system at the PSCUlIT? Should any provisions be made to tie-up to the existing system? If so, should this cost be included in our bid? There arc no EMS controls on the IT/PSCU systems, No provisions to tic in to the existing building systems are necessary. 10. Is the City of Miami Beach to provide sizing of secondary equipment? The IT back-up system shall be 25 tons, The PSCU back-up systems shall be 15 tons each. All back-up systems shall have two compressors with two refrigerant circuits each. 11. Is the emergency power rated for the additional back-up equipment? The building generators have enough capacity to handle the additional electrical load, 12. Is the roof bonded? Is there a specific roofing contractor that must be used? The roof is not bonded. 13. What are the available working hours? Every effort will be made to perform the work during regular working hours (see answer to question #5, above). Addendum No.2 September 24, 2004 ITB 44-03/04 Page 3 of3 14. Clarify ifthe 15 day completion is for all (3) units at 1100 Washington including back-up and replacement. The fifteen day completion requirement is for the back-up units. These units shall be installed first. After the installation of these units is completed, the replacement of the existing units shall commence, Bidders are reminded to please acknowledge receipt of this addendum on page 28 of the Bid Documents or their bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director mf HV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 Bid Proposal Page 3-1 of 4 COMPANY NAME: HOURLY LABOR RATES Should work need to be performed during overtime, we propose to furnish the labor at the rates specified below, The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder, Overtime hourly labor rate is specified as follows: Hourly Labor Rate - Hourly rate for overtime repairs/work, i,e. before 8:00 a.m, or after 5:00 p,m" or on weekends or holidays. (rate to include labor and travel, parts not included,) OVERTIME HOURLY LABOR RATE: $ /Hour BID NO: 44-03/04 DATE: 09/27/04 (Added) CITY OF MIAMI BEACH 27-11 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 htlp:\\miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 44-03/04 ADDENDUM NO.1 September 15, 2004 HVAC RENOVATIONS FOR VARIOUS CITY LOCATIONS is amended as follows: I. The bid opening is changed from September 24th to October 14t\ 2004 at 3:00 p.m. II. Deadline for receipt of questions is extended until October 4th 2004 by 5:00 p.m. III. The following information relative to issues raised or discussed at the pre-bid conference is hereby incorporated and made part of Bid No. 31-03/04: A. Incentives for early completion. The City has determined it is not in its best economic interest to have incentives for early completion. B. City to provide available drawings. Available information is being researched and will be provided to bidders in a subsequent addendum. C. Replacement of main air conditioning units for Information Technology (IT) and Public Safety Communications Units (PSCU). Section 3.3 for the replacement of the air conditioning units at IT and PSCU is hereby added to the Scope of Work of this Invitation to Bid, with its corresponding Bid Proposal Form (see attached pages 24-1, 24-II and 27-1), The City reserves the right to award this location depending on available funding, D. Bids submitted for different groups. The bid specifies three groups for the replacement of AlC equipment for different locations. Bidders do not have to submit a bid for all groups in order to be considered for award, Refer to section 2,3, entitled Method of A ward, on page 17 of the Bid documents, The Groups for which bidders can submit bids are: Group I. Replacement of back-up air conditioning units for IT and PSCU, Group II. Replacement of air handler unit for Scott Rakow Youth Center, Group III. Replacement of main air conditioning units for IT and PSCU. IV. Subsequent addenda will follow to answer questions submitted by prospective bidders. Bidders are reminded to please acknowledge receipt of this addendum on page 28 of the Bid Documents or their bid may be considered non-responsive, CITY OF MIAMI BEACH /;~~;~':~~" I Gus Lopez, CPPO Procurement Director mf HV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 3.3. SCOPE OF WORK- MAIN AIC UNITS FOR PUBLIC SAFETY COMMUNICATIONS UNIT (PSCUl AND INFORMATION TECHNOLOGY DEPARTMENT (IT) Contractor shall furnish and install three new air conditioning units, support frames, duct work canvas connectors, controls, electrical, plumbing, duct smoke detectors, engineering drawings and permits necessary to successfully complete the work. 3.3.1 GENERAL 3.3.1.1 Contractor shall furnish three 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 the 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 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 not supply any current engineering drawings or heat load calculations, 3.3.1.2 Contractor shall furnish at the time of bid submittal, or within five calendar days upon receipt of a request from the Procurement office, a list of the proposed equipment and their corresponding specifications. 3.3.1.3 Contractor shall submit proposal in a line item format as follows: Item Cost HV AC equipment Labor Crane Duct work Electrical Miscellaneous TOTAL 3.3.2 EQUIPMENT LIST 3.3.2.1 The following is a list of the equipment to be replaced: 2.1.1. Unit type Make Model number Computer room AlC Liebert FH248C-AOO Computer room AlC Liebert FH248C-AOO Computer room AlC Liebert FH529C-AOO V oltagelPhase 460/3160 460/3/60 460/3/60 3.3.3 DEMOLITION 3.3.3.1. All equipment, steel supports, duct work, and any other debris resulting from the replacement ofthis air conditioning equipment shall be removed for disposal by the Contractor. The City shall reserve the right to salvage any component deemed useful. BID NO: 44-03/04 DATE: 09/15/04 (Added) CITY OF MIAMI BEACH 24-1 3.3.4. NEW HV AC EQUIPMENT The new equipment shall be Liebert, and shall be of equal cooling capacity, voltage, and general characteristics as existing equipment. 3.3.4.1 Units shall be furnished with filter section and flexible canvas duct connectors, 3.3.4.2. 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. PRIOR TO COMMENCING WORK, CONTRACTOR SHALL COORDINATE A FIRE ALARM TEST WITH THE APPROPRIATE CITY REPRESENTATIVES TO VERIFY PROPER OPERATION OF FIRE ALARM SYSTEM. ANY SYSTEM DEFICIENCIES MUST BE IDENTIFIED AT SUCH TIME. IT IS SOLELY THE CONTRACTOR'S RESPONSIBILITY TO ENSURE PROPOSED DUCT SMOKE DETECTORS ARE FULLY COMPATIBLE AND OPERA TIONALUPON COMPLETION OF WORK AND PRIOR TO FINAL PAYMENT. 3.3.4.3 All units shall have vibration eliminators. 3.3.5. CONTROLS 3.3.5.1 Units shall be supplied with the appropriate controls to maintain computer room environment. 3.3.6. ELECTRICAL 3.3.6.1 Contractor shall be responsible for the electrical work necessary to complete the job. 3.3.6.2 All units shall be connected to the emergency power circuits. 3.3.7. PLUMBING 3.3.7.1. Contractor shall install and secure all drain lines on air handling units, 3.3.8. EQUIPMENT 3.3.8.1 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 sucessfully complete the work. BID NO: 44-03/04 DATE: 09/15/04 (Added) CITY OF MIAMI BEACH 24-11 BV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 Bid Proposal Page 3-1 of 4 COMPANY NAME: GROUP III. PSCU AND IT AIR CONDITIONING MAIN UNITS We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the HV AC Renovations at the Public Safety Communications Unit and Information Technology Department, in accordance with these specifications. DESCRIPTION I) HV AC EQUIPMENT: OTY, UNIT PRICE TOTAL AC#I: lEA $ LIEBERT MODEL: AC#2: LIEBERT MODEL: lEA $ AC#3: lEA $ LIEBERT MODEL: TOTAL HV AC EQUIPMENT (AC# I THRU 3): $ $ $ $ $ $ 2) LABOR: 3) CRANE: 4) DUCT WORK: 5) ELECTRICAL WORK: 6) MISCELLANEOUS: GRAND TOTAL: $ Written Amount Delivery of AIC Equipment Calendar Days BID NO: 44-03/04 DATE: 09/15/04 (Added) CITY OF MIAMI BEACH 27-1 CITY OF MIAMI BEACH m 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 PUBLIC NOTICE INVIT A nON TO BID NO. 44-03/04 Scaled 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 24th of September, 2004 for: HV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS Scope of Work: The work specified in this bid consists offurnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the HV AC renovations for two City locations: purchase and installation of air conditioning back-up units the Public Safety Communications Unit (PSCU) and Information Technology Department; and the air handler unit replacement for the Scott Rakow Youth Center. Contractor shall be responsible for engineering drawings and shall be licensed to pull all permits necessary to successfully complete the work. Minimum Requirements: Prospective Bidder must have a minimum of3 years experience in providing HV AC Renovations and provide six references. At least three (3) of those references must be for projects completed, of which each project total cost was twenty-five thousand dollars ($25,000) or higher in construction work, Estimated Budl!et: $180,000 for both projects, Bid Guarantv: A Bid Guaranty is not required, however the successful Bidder executing the Contract will be required to provide a Performance Bond and Payment Bond in the amount of one-hundred percent (100%) of the contract amount, and evidence ofrequired 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 September 10, 2004 at the Miami Beach Police Station located at 1100 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, The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida, Created in conjunction with BidNet(r), this new South Florida Purchasing system has replaced the DemandStar system and allow vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.~ovbids.com/scripts/southflorida/oubliclhol11e l.aso. If you do not havc Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 2 Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673- 7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date, All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest ofthe City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378, A COPY OF ALL WRITTEN COMMUNICATION(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 BID SOLICITATION PROTEST ORDINANCE NO, 2002-3344, YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO, 2002-3363. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO, 2003-3389, YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LOCAL PREFERENCE ORDINANCE NO. 2003-3413, RESPONSIVE AND RESPONSIBLE MIAMI BEACH-BASED VENDORS THAT ARE WITHIN 5% OF THE LOWEST AND BEST BIDDER, WILL BE GIVEN AN OPPORTUNITY OF PROVIDING SAID GOODS OR GENERAL SERVICES CONTAINED HEREIN, FOR THE LOWEST RESPONSIVE BID AMOUNT, Detailed representation of all these ordinances can be found on the City of Miami Beach WebSite at http://www.miamibeachfl.gov /newcity /depts/purchase/bidintro.asp CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 3 CITY OF MIAMI BEACH m 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachft.goY 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: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 4 HV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 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 Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, Facsimile or e-mailed 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 of the bid, the UNIT PRlCE quoted will govern. All prices must be F,Q,B. destination, freight prepaid (unless otherwise stated in special conditions), Discounts for prompt payment. Award, ifmade, 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: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 5 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U,L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder 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 ifbidding 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 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications, Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder, Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 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 BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 6 thirty (30) days. Each individual sample must be labeled with bidder's name, Failure ofbidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, 1.13 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 of the user, Monday through Friday, excluding holidays. 1.14 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. 1.15 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, 1.16 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. 1.17 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. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.19 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 relieffrom responsibility, 1.20 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, BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 7 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall confonn 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, 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 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 ongm. 1.24 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible fonnat; sign language interpreters (five days in advance when possible), or infonnation on access for persons with disabilities, For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305,673.7080. 1.25 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, 1.26 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 Miami-Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid, 1.27 BID GUARANTY: 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. 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 8 1.29 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. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.31 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, 1.32 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. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.35 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. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification, All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery, Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director, The City shall issue an Informational Addendum if clarification or minimal changes are required, The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 9 acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.37 DEMONSTRATION OF COMPETENCY: I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach, 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance ( experience) with the City in making the award in the best interest of the City, 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative, Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non- responsIve, 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective ofthe Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section, 1.38 DETERN,lINATION 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 ofthe 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: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 10 1.39 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. 1.40 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. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), FloridaStatutes, 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, 1.42 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 a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts, 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City, 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, ifprovided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period, The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 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 (I) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 11 1.47 DISPUTES In the event of a conflict between the documents, the order of priority ofthe 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. 1.48 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.49 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 of this proposal. 1.50 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby, 1.51 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 the time of Bid submission, 1.52 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess ofthe threshold amount provided in Sec, 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.53 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take 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. 1.54 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item, It must be a firm delivery time, no ranges will be accepted, i,e.; 12-14 days. BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 12 1.55 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No, 2002- 3378, A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.56 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice, In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved ofliability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.57 TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City, If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents, No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section, 1.58 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: BID NO: 44-03/04 DATE: 08127/04 CITY OF MIAMI BEACH 13 Maintain Automobile Liability Insurance including Property Damage covering all owned, non- owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition, Original signed Certificates of Insurance, 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 ofthe 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 $1,000,000,00 for each occurrence and and for all damages to the property of others in and up to the amount of$1 ,000,000,00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses oflitigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract" , The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction, The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation, BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 14 The contractor wiJI secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies ofthe insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions ofthis contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him, Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the 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 ofthe public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out ofthe 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: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 15 ) BIDDER AND INSURANCE AGENT ST A 1;EMENT' / ! We understand the Insurance Requirements ofthese specificat' may be required within five (5) days after bid opening. .1}t., XXX 1. 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 of the state of Florida, Comprehensive General Liability (occurrence fonn), 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 nee ofthis insurance FXP Corp. Bidder BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 16 HV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract(s), by means of sealed bids to a qualified contractor(s), for the purchase and installation of air conditioning back-up units for the Public Safety Communications Unit (PSCU) and the Information Technology Department, and the air handler unit replacement at the Scott Rakow Youth Center, as specified herein, 2.2 TERM OF CONTRACT: N/A 2.3 METHOD OF AWARD Award of this contract will be made to the lowest and best bidder per group, as defined in General Conditions 1.48, whose bid will be the most advantageous to the City of Miami Beach, Bidders do not have to bid on all groups to be considered for award, The City reserves the right to make multiple awards ifit is in the best interest of the City, Each project specified in this bid could be awarded on an individual basis, so each price quoted on the bid form must be capable of standing alone and not be, dependant on award of entire contract. Bidders are requested to state on the bid form a percentage discount to be allowed per project should they be awarded the entire contract. The City will calculate the grand total of each/all bids minus the percentage discount and determine award based on the lowest and best value bid, 2.4 PROGRESS SCHEDULE: The City will issue a first notice to proceed after award of contract notifying contractor to commence scheduling activities, permit applications, delivery of the equipment and other pertinent work. Once contractor is in receipt of all permits and materials, a second notice to Proceed will be issued to mobilize on the project site and commence with work. COMPLETION TIMES: 2.5. Time is ofthe essence throughout this Contract. Each project shall be substantially completed within fifteen (15) 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. 2.6 ADDITIONSIDELETIONS OF FACILITIES: N/A 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A 2.8 PRE-BID CONFERENCE/SITE INSPECTION: A Pre-Bid Conference will be held at 10:00 a.m, on September 10, 2004 at the Police Station located at II 00 Washington Avenue, Miami Beach, FL 33139, with subsequent site visits to both projects. BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 17 2.9 VENDOR APPLICATION The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida, Created in conjunction with BidNet(r), this new South Florida Purchasing system has replaced the DemandStar system and allow vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.comlscripts/southflorida/public/homel.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214, 2.10 CONTACT PERSON: The contact person for this Invitation to Bid is Marta Fernandez. The contact person may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail: martafernandezrubio@miamibeach..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, no later than ten (10) calendar days prior to the scheduled Bid opening date. 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 LIQUIDATED DAMAGES: Bidder agrees to pay Owner as liquidated damages for delay (but not as a penalty) the amount of One Hundred Dollars ($100.00) for each calendar day beyond the fifteen-day 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 One Hundred Dollars ($100.00) for each calendar day beyond the time specified for completion and readiness for final payment, 2.13 DISCOUNTS (From published price lists): N/A 2.14 ESTIMATED QUANTITIES: N/A 2.15 HOURLY RATE: N/A 2.16 WARRANTY: The successful bidder will be required to warranty all work performed for a minimum of 1 year from date of acceptance, Equipment supplied shall be covered by manufacturer's warranty, 2.17 PRODUCT/CATALOG INFORMATION: All bidders must submit product information on the product they propose to furnish if awarded this contract. Failure to submit such information may result in rejection of your bid. BID NO: 44-03f04 DATE: 08f27f04 CITY OF MIAMI BEACH 18 2.18 REFERENCES (PROVIDE 6 REFERENCES, IN THE CUSTOMER REFERENCE FORM) Each bid must be accompanied by a minimum of six (6) references, At least three (3) of those references must be for projects completed, of which each project total cost was twenty-five thousand dollars ($25,000) or higher in construction work, Reference shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST, 2.19 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. 2.20 FACILITY LOCATION: PSCU and IT: Police Station at 1100 Washington Avenue, Miami Beach, FL 33139. Scott Rakow Youth Center: 2700 Sheridan Avenue, Miami Beach, FL 33140, 2.21 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 of this 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. 2.22 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, 2.23 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responSive, 2.24 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COpy of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions, BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 19 2.25 MAINTENANCE AGREEMENT: N/A 2.26 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated, Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 20 HV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 3.0 MINIMUM SPECIFICATIONS 3.1. SCOPE OF WORK- AIC BACK-UP UNITS FOR PUBLIC SAFETY COMMUNICATIONS UNIT (PSCm AND INFORMATION TECHNOLOGY DEPARTMENT (IT) Contractor shall furnish and install three new air conditioning units, support frames, duct work canvas connectors, controls, electrical, plumbing, duct smoke detectors, engineering drawings and permits necessary to successfully complete the work at the Police building, Public Safety Communications Unit (PSCU) and Information Technology Department. The units to be supplied shall be of equal capacity as existing units providing main air conditioning to IT and PSCU, 3.1.1.GENERAL 3.1.1.1 Contractor shall furnish three 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 the 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 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 not supply any current engineering drawings or heat load calculations. 3.1.1.2 Contractor shall furnish at the time of bid submittal, or within five calendar days upon receipt of a request from the Procurement office, a list of the proposed equipment and their corresponding specifications. 3.1.1.3 Contractor shall submit proposal in a line item format as follows: Item Cost HV AC equipment Labor Crane Duct work Electrical Miscellaneous TOTAL 3.1.2. EQUIPMENT LIST 3.1.2.1 Bidder shall supply equipment of equal cooling capacity, voltage, and general characteristics as existing equipment functioning as main air conditioning at the IT and PSCU offices. The existing equipment at these locations is: Unit type Make Model number Computer room A/C Liebert FH248C-AOO Computer room NC Liebert FH248C-AOO Computer room NC Liebert FH529C-AOO V oltagelPhase 460/3/60 460/3/60 460/3/60 BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 21 3.1.3. DEMOLITION AND DISPOSAL 3.1.3.1 All equipment, steel supports, 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. 3.1.4. NEW HV AC EOUlPMENT 3.1.4.1 The new equipment shall be Trane or Carrier, and shall be of equal cooling capacity, voltage, and general characteristics as existing equipment functioning as main air conditioning at the IT and PSCU offices, 3.1.4.1.1 New units shall have two refrigerant circuits with two compressors. 3.1.4.1.2 Air handling units shall be furnished with filter section and flexible canvas duct connectors. 3.1.4.1.3 Air handling units shall be furnished with fire dampers and duct smoke and fire detectors as required by the Building code, 3.1.4.1.4 All units shall be mounted on aluminum support frames, 3.1.4.1.5 All units shall have vibration eliminators (springs), 3.1.4.1.6 Units shall be supplied with two stage heating. 3.1.5. CONTROLS 3.1.5.1 Units shall be supplied with two stage cooling, two stage heating, electronic programmable thermostats, located in the occupied areas. 3.1.6. ELECTRICAL 3.1.6.1 Contractor shall be responsible for the electrical work necessary to complete the job, 3.1.6.2 All units shall be connected to the emergency power circuits. 3.1.7. PLUMBING 3.1.7.1 Contractor shall install and secure all drain lines on air handling units, 3.1.8. EOUlPMENT 3.1.8.1 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: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 22 HV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 3.2 SCOPE OF WORK - AH UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER Contractor shall remove and replace one (1) existing air handling unit on the second floor mechanical room, Contractor shall furnish new air handling unit, duct work, access panels, equipment, cranes, lifts, engineering drawings, permits, electrical, plumbing, roofing, and any other work necessary to successfully complete the job at the Scott Rakow Youth Center, Prospective Bidders are requested to provide the cost of relocating the system to the roof as an alternate, 3.2.1.GENERAL 3.2.1.1 The contractor shall replace one (1) existing air handling unit. Unit shall be Trane, Carrier or York. Any equivalent alternative unit to the above mentioned manufacturers shall be inspected by the City representative in an existing job application. At the City's discretion, an alternative may be accepted, Contractor shall furnish the new air handling unit, controls, equipment, labor, material, electrical, plumbing, roofing, engineering drawings and permits to successfully complete the work. All work shall be completed in accordance with the 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 cfm" horsepower and voltages, The City shall supply specifications of existing air handling unit for reference only. 3.2.1.2 Contractor shall furnish at the time of bid submittal, or within five calendar days upon receipt of a request from the Procurement office, a list of the proposed equipment and their corresponding specifications, 3.2.1.3 Contractor shall submit proposal in a line item format as follows: Item Cost Air handler Labor Duct work Electrical Miscellaneous TOTAL 3.2.1.4 Contractor shall provide bids for replacement of system at present location, and for relocation of system to roof on the Bid Form, 3.2.2. EQUIPMENT LIST 3.2.2.1 The following is a list of the equipment to be replaced: Unit type Make Serial number Air handler, M-31 Trane K5M297648 Voltage/Phase 460/3 3.2.3. DEMOLITION AND DISPOSAL 3.2.3.1 All equipment, support frames, duct work, and any other debris resulting from the replacement of this air handling unit shall be removed for disposal by the Contractor, The City shall reserve the right to salvage any component deemed useful. BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 23 3.2.4. NEW AIR HANDLING UNIT Unit shall be Trane, Carrier or York, Any equivalent alternative unit to the above mentioned manufacturers shall be inspected by the City representative in an existingjob application. At the City's discretion, an alternative may be accepted. 3.2.4.1 New air handling unit shall be constructed with galvanized steel. 3.2.4.2 Unit shall be provided with stainless steel drain pan. 3.2.4.3 Unit shall have double wall panels. 3.2.5. CONTROLS 3.2.5.1 Unit shall be provided with all smoke and fire dampers as required by code. Unit shall be provide with all actuators, chilled water valve and controls required for the proper operation of such equipment. 3.2.5.2 Damper actuators shall be electrically operated. 3.2.6. ELECTRICAL 3.2.6.1 Contractor shall be responsible for all electrical work necessary to complete the job. 3.2.7. EOUIPMENT 3.2.7.1 Contractor shall supply all lifts, hoists, cranes and all other equipment necessary to lift, remove, install and discard of all debris, install new air handling unit, and successfully complete the work. 3.2.8. TESTING OF SYSTEM 3.2.8.1 Upon completion of installation, contractor shall verify that new air handling unit and dampers are operational and proper shut down upon activation of fire alarm system is occurring, PRIOR TO STARTING ANY WORK, CONTRACTOR SHALL COORDINATE WITH THE CITY REPRESENTATIVES ANY MECHANICAL, ELECTRICAL, PLUMBING AND FIRE ALARM WORK RELATED TO THIS JOB. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE PROPOSED SMOKE/FIRE DUCT DETECTORS ARE FULLY COMPATIBLE WITH EXISTING BUILDING'S FIRE ALARM SYSTEM. 3.2.8.2 THERE IS AN ACTIVE ENERGY MANAGEMENT SYSTEM IN THE BUILDING. PROPERTY MANAGEMENT MUST BE NOTIFIED PRIOR TO CUTTING, REMOVING OR REPLACING ANY EXISTING CONTROL CIRCUITS. BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 24 / HV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS BID # 44-03104 Bid Proposal Page 1 of 4 COMPANY NAME: FXP Corp. GROUP I. PSCU AND IT AIR CONDITIONING BACK-UP UNITS We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the BV AC Renovations at the Public Safety Communications Unit and Infonnation Technology Department, in accordance with these specifications. DESCRIPTION I) HV AC EQUIPMENT (SPECIFY TRANE/CARRIER): QTY. UNIT PRICE TOTAL AC#I: MAKEIMODEL: Carrier I 50T5024 lEA $ 13,000.00 (Approx) 7,000.00 (Approx) AC#2: MAKE/MODEL: Carrier I 50TF012 lEA $ AC#3: MAKE/MODEL: Carrier I 38AR012 40RM012 LEA $ 5,000.00 (Approx) TOTAL HVAC EQUIPMENT (AC# I THRU 3): 2) LABOR: 3) CRANE: 4) DUCTWORK: 5) ELECTRICAL WORK: 6) MISCELLANEOUS: $25,000.00 $20,000.00 S 1,000.00 $ 10,000.00 S 10,000.00 $21,000.00 GRAND TOTAL: $ 87,000.00 Eighty-Seven Thousand Dollars and Zero Cents Written Amount Delivery of NC Equipment 60 Calendar Days BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 25 HV AC RENOVATIONS FOR VARIOUS CITY LOCA nONS BID # 44-03/04 Bid Proposal Page 2 of 4 COMPANY NAME: NO BID GROUP II. SCOTT RAKOW YOUTH CENTER AIR HANDLER UNIT REPLACEMENT AT PRESENT LOCA nON We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the Air Handler Unit Replacement at the Scott Rakow Youth Center at the present location, in accordance with these specifications, DESCRIPTION OTY. I) HV AC EQUIPMENT (SPECIFY TRANE/CARRIER/YORK): AIR HANDLER UNIT I EA MAKE/MODEL: 2) LABOR: 3) CRANE: 7) DUCT WORK: 8) ELECTRICAL WORK: 9) MISCELLANEOUS: UNIT PRICE TOTAL $ $ $ $ $ $ $ GRAND TOTAL: $ Written Amount Delivery of AlC Equipment Calendar Days BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 26 HV AC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 Bid Proposal Page 3 of 4 COMPANY NAME: NO BID ALTERNATE GROUP II A. SCOTT RAKOW YOUTH CENTER AIR HANDLER UNIT REPLACEMENT WITH RELOCATION OF SYSTEM TO ROOF We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the Air Handler Unit Replacement and Relocation to the roof at the Scott Rakow Youth Center, in accordance with these specifications. DESCRIPTION OIY. I) HV AC EQUIPMENT (SPECIFY TRANE/CARRlERlYORK): AIR HANDLER UNIT I EA MAKE/MODEL: 2) LABOR: 3) CRANE: 10) DUCTWORK: I I) ELECTRICAL WORK: 12) MISCELLANEOUS: UNIT PRICE TOTAL $ $ $ $ $ $ $ GRAND TOTAL: $ Written Amount Delivery of AlC Equipment Calendar Days Each group specified in this bid could be awarded on an individual basis, so each price quoted on the bid form must be capable of standing alone and not be dependant on award of entire contract. Please state on the space provided below a percentage discount to be allowed per group should you be awarded the entire contract: GroUD I. PSCU and IT Air Conditioning Back-Up Units: Discount GroUD II. Scott Rakow Youth Center Air Handler Unit Replacement: Discount BID NO: 44-03/04 DATE: 08127/04 CITY OF MIAMI BEACH 27 HVAC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 Bid Proposal Page 3-1 of 4 COMPANY NAME: FXP Corp. GROUP III. PSCU AND IT AIR CONDITIONING MAIN UNITS We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the HV AC Renovations at the Public Safety Communications Unit and Information Technology Department, in accordance with these specifications. DESCRIPTION 1) HVACEQUlPMENT: OTY, UNIT PRICE TOTAL AC# 1: LIEBERT MODEL: FH248C""AAEI LM S 12,000.00 (Approx) AC#2: LlEBERTMODEL: FH248C-AAEI LM S 12,000.00 (Approx) AC#3: LlEBERTMODEL: FH529C-AAEI 1 EA S 14,000.00 (Approx) TOTAL HV AC EQUIPMENT (AC# 1 THRU 3): $ 38,000.00 2) LABOR: $ 6,000.00 3) CRANE: $ 1,000.00 4) DUCT WORK.: S S) ELECTRICAL WORK.: $ 5,000.00 6) MISCELLANEOUS: $ 5,000.00 GRAND TOTAL: $ 55,000.00 Fifty-Five Thousand Dollars and Zero Cents Written Amount Delivery of AlC Equipment 60 Calendar Days BID NO: 44-e3104 DATE: 09/15104 (Added) CITY OF MIAMI BEACH 27-1 HV AC RENOVA nONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 Bid Proposal Page 3-1 of 4 COMPANY NAME: FXP Corp. HOURLY LABOR RATES Should work need to be performed during overtime, we propose to furnish the labor at the rates specified below, The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder. Overtime hourly labor rate is specified as follows: Hourly Labor Rate _ Hourly mte for overtime repairs/work, i.e, before 8:00 a.m or after 5:00 p,m, or on weekends or holidays. (rate to include labor and travel, parts not included.) OVERTIME HOURI.. Y LABOR RATE: M $ 60.00 /Hour BID NO: 44-03104 DATE: fJlJf1.7104 (Added) CITY OF MIAMI BEACH 27-ll HVAC RENOVATIONS FOR VARIOUS CITY LOCATIONS BID # 44-03/04 Bid Proposal Page 4 of 4 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Francisco X. Perez TITLE: President m (if applicable). Amendment No. 2: 9/27/04 Insert Date COMPANY NAME: FXP Corp. SIGNED: (I certify that I am a commit the biddin Bidders must acknowledge receipt of ad e Amendment No, 1: 9/15/04 Insert Date Amendment No. 3: 10/5/04 Insert Date Amendment No.5: 10/13/04 Amendment No, 4: 10/5/04 Insert Date NAMEffITLE(Print): Francisco X. Perez / President ADDRESS: 2897 S.W. 69th Court CITY/STATE: Miami, Florida ZIP: 33155 TELEPHONE NO: (305) 267-7748 FACSIMILE NO: (305) 267-7798 FEDERAL I.D. NUMBER: 65-0625730 BID NO: 44-03/04 CITY OF MIAMI BEACH DATE: 08/27/04 28 HV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS BID # 44-03/04 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 2.24 X Execution of Bid General Conditions Section 1.2 X Equivalents/Equal Product General Conditions Section 1.1 0 Special Conditions Section 2.26 Insurance and Indemnification (including Insurance Checklist) X General Conditions Section 1.58 Bid Guaranty/Performance Bond X General Conditions Section 1,27 X Warranty Special Conditions Section 2.16 X Product/Catalog Information Spccial Conditions Section 2.17 X References Special Conditions Section 2.18 / Page 30 X Bidder Qualifications Special Conditions Section 2.21 X Exceptions to Specifications Special Conditions Section 2.23 X Contractor's Questionnaire (Page 32) BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 29 HV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS BID # 44-03/04 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers ofa minimum of six (6) finns or government organizations for which the Contractor is currently furnishing or has furnished, similar services. At least three (3) ofthese references must be for projects completed, of which each project total cost was twenty-five thousand dollars ($25,000) or higher in construction work. I) Company Name City of Miami Beach, Property MGMT Address Miami Beach, Florida Contact Person/Contract Amount Ralph Moreno, $132,000 Telephone No, (786) 367-3172 Fax No. 2) Company Name Florida International University Address 11200 S.W. 8th street, Miami, FL Contact Person/Contract Amount William Power, $ 304,000 Telephone No, (305) 348-4667 Fax No, 3) Company Name Padula & Wadsworth Address 2100 N. Andrews Ave, Pompano Beach, FL Contact Person/Contract Amount Walter Wadsworth, $225,000 Telephone No. (954) 974-3262 Fax No, (954) 974-3272 BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 30 HV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS BID # 44-03/04 CUSTOMER REFERENCE LISTING (Contd.) 4) Company Name City of Hollywood Address 2717 Van Buren street, Hollywooc, FL Contact Person/Contract Amount Bob Wer t z , $ 350 , 000 Telephone No. (954) 921-3900 Fax No. (954) 921-3462 5) Company Name JCM Development Address 8602 S.W. 74th street, Miami, FL Contact Person/Contract Amount Juan Car los Mena, $11 8, 000 Telephone No. (305) 595-3739 Fax No, (305) 595-6811 6) Company Name AFCO Constructors Address 1894 Madrid Way, Boca Raton, FL Contact Person/Contract Amount Aldo Ferrera, $350,000 Telephone No, (561) 338-2160 Fax No. (561) 338-5037 BID NO: 44-03/04 DATE: 08127104 CITY OF MIAMI BEACH 31 HV AC RENOV A nONS FOR VARIOUS CITY LOCA nONS BID # 44-03/04 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 Francisco X. Perez Principal Office 2897 S.W. 69th Court, Miami, Florida 33155 How many years has your organization been in business as a General Contractor under your present business name? 7 (Mechanical) 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: CMC057078 Dade County certificate of competency - state type and number: N/A N/A 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 (B) As a Sub-Contractor 7 (C) What contracts has your organization completed? Contract Amt $371,000 $304,000 $365,000 Class of Work HVAC HVAC HVAC When Completed Name/Address of Owner Israel 5/03 Broward Co. Port Everglades,Rozental 9/02 FlU, William Power 8/03 Miami Int. Airport/AFCO-Aldo Ferrera 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? N I A Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? No BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 32 If so, state name of individual, name of owner, and reason thereof N / A In what other lines of business are you financial1y interested or engaged? None Give references as to experience, ability, and financial standing FXP Corp is licensed both in Mechanical Engineering and Mechanical Contractor with over 15 years of experience in the HVAC industry. FXP Corp. net .w-orth is over $250 000. ' What equIpment ao you own that IS avallable for the proposed work and where located? All required (sheet metal machines, pipe threader, welding macn~nes, hand tools, lifts) What Bank or Banks have you arranged to do business with during the course ofthe Contract should itbe awarded to you? First National Bank of South Miami Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. AGC Electric Vendor Campaign Contribution(s): a, You must provide the names of al1 individuals or entities (including your sub-consultants) with a controlling financial interest. The tenn "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a finn, The tenn "finn" shall mean any corporation, partnership, business trust or any legal entity other than a natural person, Francisco X. Perez, 100% BID NO: 44-03/04 DATE: 08/27/04 CITY OF MIAMI BEACH 33 CONTRACTOR'S OUESTIONNAIRE (CONTD.) b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have X have not contributed to the campaign either directly or indirectly, ofa candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach, Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. / (SEAL) '-;J: , /() 1 r/WIu 5 <i..O -, er2G l- (SEAL) BID NO: 44-03/04 DATE: 08127/04 CITY OF MIAMI BEACH 34