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Home My WebLink AboutIFB HVAC Renovations for MBPD 1/~~--- C~.~ Miami Beach ***** lQ .IJ.AnBtca City , III J.' - INVITATION FOR BIDS VARIOUS HV AC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 BID OPENING: JUNE 3,2005 AT 3:00 P.M. C NIGV ~ Outstanding Agency o A4 Accreditation Achievement 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\$ALL \J0HN\BIDS\04-05\ITB-17 -04-05V ARIOUSHV ACPROJECTS .doc BID NO: 17-04/05 DA TE: 05/02/05 CITY OF MIAMI BEACH 1 C'ITV ~J ~R4' K ..'. " ' ..,,; , .~. '" FRONT PAGE CONTRACTOR'S PERFORMANCE AND PAYMENT BOND (Public Work) Bond No.: 087089 Contractor Name: FXP Corp. Contractor Address: 2897 S.W. 69 Court, Miami, FL 33155 Contractor Phone No.: 305 267-7748 Surety Company: Carolina Casualty Insurance Company Owner Name: Owner Address: City of Miami Beach 1700 Convention Center Drive, Miami Beach, FL 33139 Owner Phone No.: Obligee Name: City of Miami Beach (If different from property Owner, or Dual Obligee) Obligee Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Bond Amount: $183,150.00 Contract No. (if applicable) 17-04/05 Description of Work: Various HVAC Renovations for the Police Station This Bond has been furnished to comply with the requirements of F.S. 255.05. This bond is hereby amended such that all provisions and limitations, including conditions, notice and time limitations of F.S. 255.05 are incorporated herein by reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the minimum'of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the Performance/Payment Bond(s) regardless of preprinted numbers on other pages issued in compliance with Florida Statute 255.05. nlsh are/bonds/frontpag .. ..,::.;..,,~ I , i THE AMERICAN INSTITUTE OF ARCHITECTS I Rf\nrl ~n #087089 AlA ,Document 1\317 Performance Bond. KNOW ALL MEN BY THESE PRESENTS: that FXP Corp. I 2897 S.W. 69 Court, Miami, FL 33155 ai P'rincfpal, her~;naft~r caUed Contractor, and, CarolJ.na Casualty Insurance Company 'Ht-If l"t.If '\111 ""m, ."d .ddrf.U 0' I...' hlle 01 Conft.tC'Otl , (H..,,: ;nnll lull name ,nd add".. 01 le,.1 tillt of 5v'llrl , 4211 West Boy Scout Blvd., Suite 150, Tampa, FL 33607 as Suretyj hereinafter called Surety, are held and firmly bound unto . .. (Hert '''.t,' lull ."Im. and .dd"u 01 'If'" hilt of Ownt" Ci ty Of Mianu. Beach I 1700 Convention Genter Drive; Miami Beach, FL, 3'3139 as Obligee, hereinafter ,c.Ued Owner, in the 'amoun't of (he Iiunored, Eighty-'Ihree Thousand, One Hundred Fifty DJ11ars and No q~t~ Dollars ($ 183,150.00-- ), for the payment whereof ContraCtor and ',Surety bind 'themselv~s, .he;r hefrs, executors, adminlstra.ors, successors and aUigns, jointly and severally, .(irmly by these presents. WHEREAS, Con.tractor has by written agreement dated ,(Htrt lIucrc III" "lm.. .dil,.... and dri(;lplion of PtojKt, , entered in.o a (ontract with Owner (or Various HVAC Renovations for the Police Station in accordance wi<<h DrawIngs a.nd SpecifkaUons prepared by Contract NO. 17-04/05 IH.,. I"~." '10111 "f"'. ,net .tqd,tst or I.,~I Itll. 01 A,ch"",'1 which contract is by reference made a part hereof., and is hereinafter referred to as the Contract. AlA DOCtJMlNJ Aln · rtRroJtMANCl BOND AND l.A.C)a ANQ' MAURIA-" PAYMENT BONO . ^'A 8 (fRRVARY 1')7(1 fa).. THE AMERICAN INSTJTUn en ".CtUnCH. 1735 N.V. AVE.. N.W., WASHINGTON, O. C. 20006 1 PERFORMANCE BOND NOW, THEREfOJl'r, THE CONOlTION Of THIS OlUCATlON is such that, if Contractor shall promptly and bithfully perform sild Contract, then thi~ obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety" her~by waives notke of Iny alterition or extension of .time made by the Owner. , Whenever Contractor shill be, llnd declared by Ow.ner 10 be in default under the ContrJct, the Ow.ner having performed Owner's obliB~tlons thereunder, the Surety m~y promptly remedy the default, 0' shall promptly 1J Complete the Contract in accordance with its terms ...nd conditions, or 2' Obtain a bid Or bids (Ot completing the Contract in accordance with Its terms and conditions, and upon de. terfTIinati,on bv Surety of th, lowest responsibl" bidder, or;" if the Own"er elects, upon determin~ti,on bV (he Ow~er .nd the Surety Jointly ot the lowest responsible bidder, ',rrange (or a contrac:t between ,uch bidder and Owner, and m.k~ .available it Work prOBresse.s {even though there should be a default or isuccessi'Qr:s of Signed and sealed this 22nd day of defaults under "the cont'tlct Or contrach of completion arranged under this p~'.1Rr,lph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, "indudinR other costs 1nd damages (or which the Sur,ty may be litl'bfe hereunder. the amounl set torch in the (ust ,'aragr.lph ht'r~o(. The term "bal~nce of the contr.iCI price," i1su'ed in this paragraph. 5f1aU Mean the lora' amount. p~v.ble by Owner to Contractor under the Contract ilnd .1ny amendments ,Ih,reto, (("~s the amount properly paid by .Owner 10 Conrrtlclor. Any IUft under Ihis bond musI be instituted before the expiration ot two (2) years f,om the d.ue on which flna1 payment under the Contract (~ns due. No. right of action shall accrue on lhi~ bond 10 or (or the "use "of any person or corporation othpr th~n ,he Owner nanted herein Or the heirS, execulors, l1dmini$- trators or Jucet"nors of the Owner. September, I ~e~c~ fWiff.l("'} fAAc11~ l~.all. , TirlrJ Carolina Casual~ Insurance COmpany 1 tWjln~'~~) ,.\'ut('/t" t)(','" ~IA OOCUMINT AJ1I · I'fkH)RMt\NC[ BONO ~NO L^,me AND MAtER....L rAV .E T aONO . AI^ ~ n"RUARY 11J70 ll>.. THE AMlRI'^N INSTlyun <1F ^ACHITlCl~, 11)5 N.Y. Avt., N.W.. WI\ H NelON, D. C. 20006 2 THE AMERICAN I.NSTITUTE OF ARCHiTECTS THIS BOND IS HEREBY AMENDED SO THAT 'lliE PIDVISICNS AND LIMITATIONS OF SECrION 255.05 OR SECI'ICN 713.23, FLORIDA S'I'ATtJrES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE. . ., Rnnrt Nn#087089 AlA Documen'( A311 labor and Material Payment Bond THIS BOND '5 ISSUED S'MUl.T^N(OVSLY WITH PEk'OR~^NCf 801'40 IN fAVOR 0' THE OWtiCl( CONOITlONEO ON THE Fun ANO fAITHfUL '[RF'O~M^NCl Of THE CONTaACT KNOW ALL MEN BY THESE PRESENTS: that FXP Core. t 2897 S.W....69 Court, Miami, FL 33155. as Principal, hereinafter called Prindpal, and, carolina Casualty Insurance Carpany (Htll ill'UI 'ulJ ".mt Ind "'d"u 01 I"d 'Itle 01 COI\I,,-,IOII (Her' I",.n. '1.111 1'1""" j"d Id~'.1I 01 l.~ll lide 01 Surtly, · 4211 West Boy Scoutt Blvd., Suite 150, Tanpa, FL 33607 as Surety, her.einafter called Surety, are held and firmly bo.und unto . . f" ,1.. (H"f tntttf lull n,me Ind ,dd,tu or Itl.1 lade 0' Owf\lrl CLty 0 Mianu BeaCH. 1700. Convent~on Cent~r Drive, Miami Beach 'FL .3.3139, .' . ... as. Obhgee, heremafret caned. Owner,. (or the use and be.r:tef1t of claImants clS herembelow defined, In the One Hundred, Eighty-three 'Ihotisand, One HlU'ldred, Fifty IX>l1..a.rs and No Cents amount of (Her, i'''ffl & ,um'cqll.IIO Ie I,,,, ofte.hllf gl Ih. tonmce pticel Dollars ($ 183,150'.00-- ), for the payme.nt wh~'eof Principal and Surety bind themselves, their heirs, executors, administrators, 5ucce.ssors and assi.gns, jO,inlly and sever.ally, firmly by the~e presents. WHEREAS, Principal has by wrItten agreement dated (Her. tntln full nam., addr... "nd dftt:ripllon 01 proJ.clJ , entered into a contract with Owner (Of various HVAC Renovations for the Police Station in accordance with Drawings and ~pecifka.tions prep~red by Contract'No. 17"':04/05 (H~rt tn.erc full name ..nd ..dcfft.. 01 '~.., hll~ of Arc:hiltctl wf1ich contract is by reference made a part hereof, and is hereincHter referred to as the Contract. AlA OOCUMfNT Aut , PUUORMANct SONO ANO l^BOR AND MA TERrAL PAYMENT BONO . Af^ ~ H8RUARY 1970 to.. THE AMfRlCAN INsnTvn OF ,\RCHlTlCTS, 1135 N.V. AVE., N.W., WASH.INGTQN, ,0. C. 20006 3 lABOR AND MATERIAL PAYMENT BOND NOW, tHUUO'U, rHf CONDITION OF THIS OBIIGA TlON i~ su'ch Ih~l, if Pfincipal shalf promptly make payment 10 ~JI ct.;mants.., her~in~fte' defined, for alll.abor ~nd mt!tt'ri~l u~ed Qr re.uonab'v lequired for USt' in rhe perforMance of the COn1taC:l, then this.Qbligalion sh.lll be void; otherwise it sh:all'remain in (uff force clhd e"ffect, subject, however, to the {ol. 'owinR condi'l;ons: . ,,. A cJilimant Ii defin~d is one h~ving . direct con- tr.ce with, the PrincipJI or wilh ~Subconu~ctot of the PrincipJI (or labor, m~ter;.I, or both, used Qr reason.1bly required fOI t.l5e in th~ ptrformance 01 the Conlract. l.abar a.nd m.a,te,i~1 being comtrl.!ed to. include th<it part of WJter, SIS. power, Ji,hl, heat. oil, sasollne, telephone service 01 ren1.1 of equipment directly app/i(~bl~ to rhe Contr~ct. 2. The ~bove n'med .Prindpal iand SUlety hereby jointl." ~nd severally asrel:' wirh (he Owner thac f!'(ery ct.a;mant is herein defined, who has not been p~id in tull b.efore It:ae expI(ahOn of i pe.riod of ninety (901 day~ 'dt~r the da.fe on which the fast of such cf,lim."nt'S work or I~bor w~s dont or performed, Or materioits. wer~ furnished by such .c1aimilnt, mlY sue' on 'this bond fOJ the u~e of. such cI~.m~nt. pro5lecute the sui( 100n01l judgment 'or such ~Um .0" ~ums as molY be justfy. ~~e cf,aim~nr, 'Jnd have execurion therton. The Owner ,hair nO,t btl liable .lor the p41ymenr of iny COsU Ot expen,es of any 1uch ,uit. . 3. No suit or ~cUon sh.a II be commel'ictd hereunder by any cl.irttJ"I: :a' Unless c1iJ;mant, .0tht'I lh~n ant' having ... direcr conlr.act wllh the PrinCipal, ~h.;1I 'h.av~ Sjven wlJiten nOllee to 4ln)' two of the (ollowlng:' rhe Ptin~ij)af! the Owner, .'or. t.he S,urety olbove' n.1tned" within nmery .(90) d.ay, llrer Suc,"h cI..umlnl did or p.fHfofmed the rut bf the work or I,hor, or furn'$hed Ihe fut of the malerials 10; wfiach sild cJiim is madf. '''1mB wilh 'SUbSl.lntlal Signed .and sealed this 22nd day of ~ccuruv .the .1ri1ounr cI~jmed and the namf! o/the parry to whom the materi.als were furnished, or (or whom the work or l.bor w.s donr or performed. Such notice shall be ser"ea bV mailing Ihe '~.me by re-gisle-red mail or certified mail, posr.tge pr~paid, 'in an envelope .1d. dressed 10 thf: Principal, Owner or SUII!ty, at any place when~ tin' office is re8ul~rJy maintJit.'led for the trans.. action 01 bU$ineu, or serVed in ~ny manne, in which lelill process mJY be served in the naft in which rhe Jfores,aid proj"eC'f is loc.ued. 5~ve that luch service need not be made by a public officer, b) .Alter rhe expirllion of one t1J y~u roflo~ing the date On which Principal ceased Work on uid Contratt, it bemg understo.od, hO,w.ever, that I' ~ny fimit~tlo.n em- bodied ill rhis bond is prohibited by 'ny I~w controlling the conslruclion he,eof fuch Umitidinn sh~1f be deemed to' be Amended SQ'.15 '0 be equ~1 to the minimum period of 1iii1i1.tion permitted by such Jaw. e) O,he, thin in ~ stile cau;t of competent 'jurisdiction .in ind (or th. counry or other politic..' 5ubdivj~ion of th. st.lte 'in whlch the Proiecf, ,Or -'ny put thereof. is ~ilu.r~d, or in .h. Unit.ed SUles Ojnrict Court (or the district in which the Projec.1, or ~ny part thereof, js sit. u~lcd, and not elsewhere. 4. 'The ,)mounl of this bond shill be reduced by ind 10 ,#ie exien' of ."ny p.vment or p.ymenlS .mad. in good f~it" herfunder, incfu!;,ve of th, payment by Surely of mech.nics' fiens which m~y b. filed of ,ecord .againsf 'slid improvement,. whelher 0' not cI.lim (or 1he- imount of such lien be presenleq unde, and ~8ainst. this bond. September, ~~~M FXP Corp. 1.1-<'0. \/IU S ~, JU'Q' ~(B~Vc ~ ~--/J 'W"nI'~'J 1 ISUI, irillC'/ Carolina Casualty Insurance Co:rrpany (SUfe-I"J C>ult FL Res. Agent T B( )NO · ^I^ 119 M,rON. D. C. 1000(, AlA DOCUMEN' AUt · "U(ORMANC( BONn AND l^,'CJK ^NO MA '(BRUMcr 191t1 lO.. TH[ ^MUt<:AN INHITVT[ Of ^RC:H'nC1S, 11J'i N Y.I\Vl.. 4 . . . 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 900/0 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: $0.00. This Endorsement is to be Attached to bond # 087089 And to become a part of the bond. c/o Monitor Surety Managers, Inc.383 Main Street, Suite 202, Chatham, NJ 07928 POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA No. 509 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: Armando Armas, Tracy A. Alessi, Marie L. Wood or Wanda Daniel of Tampa, 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 00/100 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 23rd day of September .2004. Carolina Casualty Insurance Company By: ~ .::? L Armin W. Blumberg President and Chief Executive 0 WARNING: TIDS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) ss COUNTY OF DUVAL) On this .23r.d day of Septp-~r . 2004, 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 that ~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 ofthe Board of Directors of said Corporation and that~she signed his/her name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand ad affixed my official seal; the day CERTIFICATE ~~~~~sg:~~~~-r 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 thi~wer of Attorne is attac ed, is '0. full force and effect as of this date. Given under my hand and the seal of the Company, this ~" day of "-O~ \ m CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: VARIOUS HV AC RENOVATIONS FOR THE POLICE STATION Police Station Gun Range Air Handler Unit Replacement Police Station Air Handler Units (3) Replacement Police Station Emergency Chiller Replacement CONTRACT NO.: 17-04/05 EFFECTIVE DATE(S): September 9, 2005 and upon Issuance of the required Notice to Proceed( s) SUPERSEDES: None CONTRACTOR(S): FXP Corp. A. AUTHORITY - Upon affirmative action taken by the City Commission and City Clerk of the City of Miami Beach, Florida, on September 8, 2005, a contract has been approved for award and subsequent execution between the City of Miami Beach Florida and FXP Corp. B. EFFECT - This contract was entered into to provide Various HV AC Renovations for the Police Station located at 1100 W ashington Avenue, Miami Beach, Florida. Therefore, the entire scope of work shall be made under the terms, prices and conditions of this contract, Bid No. 17-04/05, all addenda thereto, and FXP Corp.'s bid response. C. ORDERING INSTRUCTIONS - All standing orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. Standing Order(s) shall show the City of Miami Beach contract number (17-04/05), as applicable. D. CONTRACTOR PERFORMANCE - City of Miami Beach Departments shall report any vendor failure to perform according to the requirements of this Contract to the Property Management Director at 305-673-7630. E. PERFORMANCE AND PAYMENT BONDS - The Contractor shall file with the Procurement Director of the City of Miami Beach a Performance Bond and Payment Bond each in the amount of one-hundred percent (1000/0) of the contract amount. ($183,150) 1 Page 2 Certification of Contract F. INSURANCE CERTIFICATE(S) - 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. G. LIVING WAGE ORDINANCE - N/ A. H. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product( s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 1. SERVICE EXCELLENCE STANDARDS - N/A. J. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. K. INDEPENDENT CONTRACTOR - CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. L. THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. 2 Page 3 Certification of Contract The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. M. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus LODez. Procurement Director With copies to: City Attorney City of Miami Beach 1 700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: FXP CorD. Attn: Francisco X. Perez 2897 S. W. 69th Court Miami. Florida 33155 N. MATERIALITY AND WAIVER OF BREACH - CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 3 Page 4 Certification of Contract O. SEVERANCE - In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. P. APPLICABLE LAW AND VENUE - This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract. Q. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. R. 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. S. 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. 4 Page 5 Certification of Contract AGREEMENT TIDS AGREEMENT made this f( -H- day Of~f-t'ln.ber 200 S, 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 FXP Corp. 2897 S. W. 69th Court Miami" Florida 33155 Contract Amount: $183,,150.00. IN WITNESS WHEREOF the said City has caused this Certification 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 e C' Miami Beach and the said Contractor has caused this Agreement to be signed it its (SEAL) By r ^"'" Us CD l ~ '1... (Authorized Corporate Officer) 3~o~ Title ATTEST: ~(p~ City Clerk Robert Parcher F:\PURC\$ALL \JOHN\Contracts\FXP .doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Q IJ}J~/p }r- Date 5 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 17-04/05 ADDENDUM NO.4 June 22, 2005 VARIOUS BY AC RENOVATIONS FOR THE POLICE STATION is amended as follows: I. CHANGE: The Bid Opening Date from June 24, 2005 to June 30, 2005 at 3:00 p.m. II. The following are answers to questions from prospective bidders of this bid. 1) Q. We request a 2nd visit to properly document the existing conditions in preparation for the bid. A. A 2nd visit was conducted on June 8, 2005. A third site visit on June 13,2005. No other site visits will be scheduled. 2) Q. Be specific about whether Johnson Controls should be subcontracted to do the controls work, if any. A. In the event that any energy management work becomes necessary, Johnson Controls shall be contacted to perform the work required. 3) Q. Be specific regarding the fire alarm work required under this contract. A. Shut-off valves shall be replaced as required/determined by the Property Management Director and/or his designated representative. This will be considered additional work and the costs for the required labor and materials will be negotiated by the Property Management Director and/or his designated representative. Contractors shall also include pricing for freezing the pipes, instead of draining the chilled water loop. Isolation valves for emergency chiller shall be replaced. Any wiring to the fire alarm shall be performed by the City. Existing fire dampers, fire alarm key test stations, duct detectors and fire stats shall remain. Page 2 Bid 17-04/05 Addendum No.4 4) 5) 6) 7) Q. Be specific about what work is expected to be done on overtime rates and on what days of the week. A. Emergency chiller and air handler #3 shall be replaced on regular time. Air handler #4 and #5 shall be done during overtime hours. (Friday after 4:00 p.m. Saturday. and Sunday. Long weekends, such as Labor Day or Thanksgiving would be preferable.) Q. Please state the switchover requirements for the new spare pump. A. Switchover shall be man ual. During the walk-thru we observed a series of control dampers, presumable used for smoke evacuation and pressurization. Please confirm this. It is very likely the building department will required an assessment of the smoke control for each air handler? Which may include reviewing the controls for the floor served by each air handler. Please give a brief description of this system. In addition, is Johnson Controls controlling these dampers? Or are they being controlled by the fire alarm? Proper operation and possible replacement of these dampers during final tests with the building department may be required. Are we to include this work as well, or will this be treated as a change order only for those dampers not working during testing? A. Upon fire alarm activation, face dampers on all air handlers close and outside air dampers open to allow make-up air to the building. Smoke evacuation fans are energized and discharge dampers open on smoke evacuation shaft. All these functions are initiated by the fire alarm and operate with the Johnson Controls pneumatic system. All fire alarm components and dampers are fully functional. Change Orders will ONL Y be processed in the case of unforeseen conditions and/or additional work requested and negotiated by the Property Management Director and/or his designated representative. ALL work shall comply with the Florida Building Code requirements. Q. Q. Please confirm the areas served by each air handler can stay without air conditioning for an extended period of time. We estimate the down time for each air handler to be approximately 2 weeks. Emergency chiller, air handler #3 and the gun range air handler may be replaced during regular business hours. Air handler #4 and air handler #5 must be done during weekends, preferably during a holiday weekend. On the current time line, Labor Day, Thanksgiving and Martin Luther King Birthday holidays are all available options. A. Page 3 Bid 17-04/05 Addendum No.4 8) Q. Please indicate whether there will be limitations with welding and other mechanical work inside the building. A. Welding and other mechanical work is possible only with the approval of the Air Conditioning Supervisor or his Acting Supervisor. No alarm or energy management system components will be de-energized, altered or disconnected without the explicit acknowledgement of the Air Conditioning Supervisor or his Acting Supervisor. 9) Q. Please confirm the requirement to replace the chiller stand. Indicate what material to use for the new stand. A. Emergency chiller stand shall be replaced with an aluminum stand. 10) Q. A. Confirm the timeframe to replace the chiller. Could it be 2 working days? Emergency chiller shall be operational within 48 hours. III. Additional Comments: a. Air handler's replacement at the Police Station shall be done individually. One air handler unit must be fully operational (Substantially completed) before the replacement of the next air handler is undertaken. b. The approximate time for the execution of these projects is four to five months. This takes into account the internal City procedures as well as the ordering of long lead time equipment. Bidders are reminded to please acknowledge receipt of this addendum with their bids or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director kp CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov lQ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 17-04/05 ADDENDUM NO.3 June 14,2005 VARIOUS BV AC RENOVATIONS FOR THE POLICE STATION is amended as follows: I. The bid due date has been changed from June 20, 2005 to June 24, 2005 at 3:00 pm. Subsequent addendum will follow with answers to questions from prospective bidders. Inasmuch as this change does not materially affect the bid document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH /f-;:?~~~/ ( t.,.-- Gus Lopez, CPPO Procurement Director CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov lQ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 17-04/05 ADDENDUM NO.2 June 9, 2005 VARIOUS HV AC RENOVATIONS FOR THE POLICE STATION is amended as follows: ADD: A FINAL Site Visit is scheduled for June 13, 2005 @ 1 :00 p.m. 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 /:::--;~;.~i"F ( t. - .,-.- Gus Lopez, CPPO Procurement Director CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov lQ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 17-04/05 ADDENDUM NO.1 June 1, 2005 VARIOUS HVAC RENOVATIONS FOR THE POLICE STATION is amended as follows: CHANGE: The Bid Opening Date from June 3, 2005 to June 20, 2005 at 3:00 p.m. CHANGE: The deadline for receipt of questions to June 10,2005. ADD: A subsequent Site Visit is scheduled for June 7, 2005 @ 10:00 a.m. ADD: Should a General Contractor submit a bid for this project they shall submit detailed qualifications and references of the proposed Mechanical Contractor to be utilized for evaluation purposes, with their bid or within 5 calendar days upon request from the City's Procurement Director. ADD: The Emergency Chiller must be up in running within 48 hours after the commencement of the Work. ADD: The Scope of Work shall be accomplished/considered with approximately 15% of the work provided during Overtime hours. Bidders are reminded to please acknowledge receipt of this addendum with their bids or the bid may be considered non-responsive. CITY OF MIAMI BEACH (~):~ Gus Lopez, CPPO Procurement Director CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ ..... Condensed Title: . Request for Approval to Award a Contract to FXP Corp. in the amount of $183.150. Pursuant to Invitation to Bid No. 17-04/05 for Various HV AC Renovations for the Miami Beach Police Station. Issue: I Shall the City Commission approve the award? Item Summary/Recommendation: The purpose of Invitation to Bid No. 17-04/05 (the KBidK) is to establish a contract(s) by.means of sealed . bids to a qualified contractor(s). for the following three (3) Projects: the purchase and installation of one (1) air handling unit at the Gun Range; purchase and installation of three (3) air handling units at the Police Station; and the purchase and installation of one (1) emergency air cooled chiller for the Police Station. All work will be completed In accordance with Florida Building Code and all other applicable codes. and in a manner consistent with industry standards. Contractor will verify that new units comply with outside air requirements as outJin~ by the American Association of Heating Refrigeration and Air Engineering (ASHRAE) and any other guidelines applicable to the work being performed. The Contractor prior to executing the Contract wiIJ be required to provide a Performance Bond and Payment Bond each 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. References have been secured by the Procurement Division and this contractor comes highly recommended. This contractor has completed the installation of air conditioning units at the Public Safety Communications Unit and Information Technology Department and the 101h Street Ocean Front Auditorium HV AC Renovation Projects for the City of Miami Beach in an excellent manner. APPROVE THE AWARD. Advisory Board Recommendation: I Financial Information: Source of Amount Account Approved Funds: 1 FY 04/05 Capital Renewal & t~1 Replacement Account Numbers: 2 $19.000 125.6332.069358 3 $74.000 125.6338.069358 4 $90.150 125.6331.069358 T.otal $183,150 City Clerk'. OffIce Legislative TraCking: I Gus Lopez SI n.()ffs: Depa,vn8nt DireCtor GL AssIstant City Manager L City Manager Document 1 AGENDA ITEM DATE C~F ?...3~ 22 CITY OF MIAMI BEACH CITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ City Manager 0 - 0 REQUEST. FOR APPROVAL TO AWARD A CONTRACT TO FXP CORP. IN THE AMOUNT OF $183,150.00, PURSUANT TO INVITATION TO BID NO. 17..Q4/05 FOR VARIOUS HVAC RENOVATIONS FOR THE POLICE STATION. Date: September 8, 2005 ADMINISTRATION RECOMMENDATION Approve the Award. BID AMOUNT AND FUNDING Funds are available from the following FY 04/05 Capital Renewal and Replacement Account Numbers: $19,000 $74,000 $90.150 $183,150 ANAL YSIS 125.6332.069358 Group I (Replace Gun Range Air Handler) 125.6338.069358 Group II (Replace 3 Police Building Air Handlers) 125.6331.069358 Group III (Replace Emergency Chiller at Police Bldg.) As part of the development of the funding needs necessary for inclusion in the FY 04/05 Capital Renewal and Replacement projects budget, three components of the air conditioning system at the Police Department Building were identified and included in the funded projects list. The existing air conditioning system components at the Police Department Building are all well beyond the rated life of the systems and are failing. The Mayor and City Commission, at the April 20, 2005 Commission meeting, adopted Resolution No. 2005-25857, which authorized the Property Management Director to serve as the Certified General Contractor for all of the FY 04/05 Capital Renewal and Replacement projects. The Property Management Director exercised the authority given to him by the City Manager and City Commission, and developed scope of work specifications for the project. 23 Commission Memorandum Invitation to Bid No. 17-04/05 Page 2 ANALYSIS (Continued) Because the three projects were within the same facility and all required the services of a Mechanical contractor and to achieve economy of scale possible by awarding all three contracts to the same company, the Property Management Director requested assistance from the Procurement Department in issuing a formal bid to obtain competitive bids for the work. The purpose of Invitation to Bid No. 17-04/05 (the "Bid") is to establish a contract(s) by means of sealed bids to a qualified contractor(s), for the following three (3). Projects.: the purchase and installation of one (1) air handling unit at the Gun Range; purChase and installation of three (3) air handling units at the Police Station; and the purChase and installation of one (1) emergency air cooled chiller for the Police Station as specified herein. POLICE STATION GUN RANGE AIR HANDLER UNIT REPLACEMENT: {GROUP n Contractor will remove one (1) air handling unit. Contractor will furnish and install one (1) new air handling unit, piping, valves, duct work, controls, equipment, crane, labor, material, electrical, and plumbing work, engineering drawings and permits to successfully complete the work. POLICE STATION AIR HANDLING UNITS REPLACEMENT: {GROUP III Contractor will remove three (3) existing air handler units. Contractor will furnish and install three (3) new air handling units, piping, valves, duct work, controls, electrical, plumbing, crane, engineering drawings and permits necessary to successfully complete the work. POLICE STATION EMERGENCY CHILLER REPLACEMENT: {GROUP IIIl Contractor will remove existing air cooled chiller. Contractor will furnish and install new air. . cooled chiller. Contractor will replace existing chilled water pump. Contractor will install additional back-up chilled water pump. Contractor will furnish all piping, valves, insulation, duct work, controls, electrical, plumbing, roofing work, crane, duct smoke detectors, engineering drawings and permits necessary to successfully complete the work. All work will be completed in accordance with Florida Building Code and all other applicable codes, and in a manner consistent with industry standards. Contractor will verify that new units comply with outside air requirements as outlined by the American Association of Heating Refrigeration and Air Engineering (ASHRAE) and any other guidelines applicable to the work being performed. The Contractor prior to executing the Contract will be required to provide a Performance Bond and Payment Bond each 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. 24 Commission Memorandum Invitation to Bid No. 17-04105 Page 3 ANALYSIS (Continued) 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. . Each of the three (3) projects 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. Contractor will agree to pay Owner (the City) 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 (the City) One Hundred Dollars ($100.00) for each calendar day beyond the time specified for completion and readiness for final payment. The contractor will warrant all work performed for a minimum of 1 year from date of acceptance. Equipment supplied will be covered by manufacturer's warranty. The Bid was issued on May 2. 2005. with an opening date of June 30, 2005. Bidnet issued bid notices to thirty-seven (37) prospective bidders, and the Procurement Divisiol') issued an additional forty (40) bid notices which resulted in the receipt of seven bids. References have been secured by the Procurement Division and this contractor comes highly recommended. This contractor has completed the installation of air conditioning units at the Public Safety Communications Unit and Information Technology Department and the 10th Street Ocean Front Auditorium HVAC Renovation Projects for the City of Miami Beach in an excellent manner. 25 BID TABULATION Contractor Group I Group II Group III Sub Total *Dlscount Grand Total (Group InUlI1) FXP Corp. $19,000. $74,000. $92,000. $185,000. 10/0/1 %/1 % $183,150. -All Dade Air Conditioning $24,200. $118,500. $45,500. .... $188,200. 2%/2%/2% $184,436. Thermal Concepts $20,300. $91,600. $92,900. $204,800. N/A $204,800. Johnson Controls $19,482. $89,501. $113,911. $222,894. NJA $222,894. Pyke Mechanical $36,382. $131,945. $97.612. $26~,939. 1.5%/1.5%11.5% $261.949.92 Comfort Tech Air $39,240. $126,700. $110,240. $276,180. 2%/4%14% $265,917.60 Conditioning Inc. DocIec, Inc. $68,187. $113.753. $102,180. $284,120. N1A $284,120. * This represents the. discount (by Group) to be given should the contractor receive award for all 3 Groups. ** Contractor: Key Biscayne Mechanical dba All Dade Air Conditioning. *** Contractor Key Biscayne Mechanical dba All Dade Air Conditioning submitted a mistake in bid and therefore cannot provide the Work for Group III for $45,500. CONCLUSION Based on the analysis of the bids received, it is recommended that the City Request approval to award of contract to, FXP Corp. in the amount of $183,150, pursuant to Invitation to Bid No. 17-04/05 for Various HVAC Renovations for the Police Station. T:\AGENDA\2005\Sep0805\Consent\POLlCEHVACPROJECTSCommlsslon Memo.dot 26 CITY OF MIAMI BEACH lQ 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 PUBLIC NOTICE INVITATION TO BID NO. 17-04/05 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 3rd of June, 2005 for: VARIOUS HV AC RENOV A TIONS FOR THE POLICE STATION Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the various HV AC renovations for the Police Station: purchase and installation of one air handling unit at the Gun Range; purchase and installation of three air handling units and the purchase and installation of one emergency air cooled chiller for the Police Station. 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 eight 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 Bude:et: $225,000. 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 of required insurance within fifteen (15) calendar days after notification of award of the Contract. A Pre-Bid Conference will be held at 10:30 a.m. on May 20, 2005 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. 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. 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.com/scripts/southflorida/pubIic/homeI.asp. BID NO: 17-04/05 DA TE: 05/02/05 CITY OF MIAMI BEACH 2 If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673- 7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY OF ALL WRITTEN 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 BIDIS 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 BI D SOLICITATION IS SUBJECT TO THE LOCAL PREFERENCE ORDINANCE NO. 2003-3413. RESPONSIVE AND RESPONSIBLE MIAMI BEACH-BASED VENDORS THAT ARE WITHIN SOA> 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 .m iam ibeachtl.gov /newcity/depts/purchase/bid intro.asp CITY OF MIAMI BEACH /;::::/ I, Gus Lopez, CPPO Procurement Director BID NO: 17-04/05 DA TE: 05/02/05 CITY OF MIAMI BEACH 3 CITY OF MIAMI BEACH lQ 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachfl.gov 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 or this completed form, may result in your company being removed from the City's bid list. BID NO: 17-04/05 DA TE: 05/02/05 CITY OF MIAMI BEACH 4 VARIOUS HV AC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 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 ofa 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 PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, 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: 17-04/05 DA TE: 05/02/05 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. BID NO: 17-04/05 DA TE: 05102105 CITY OF MIAMI BEACH 6 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 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 relief from 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 BID NO: 17-04/05 CITY OF MIAMI BEACH DA TE: 05/02/05 7 copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.22 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 origin. 1.24 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305.673.7080. 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. BID NO: 17-04/05 DA TE: 05102/05 CITY OF MIAMI BEACH 8 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 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. BID NO: 17-04/05 DATE: 05101105 CITY OF MIAMI BEACH 9 Any interpretation of the Bid, ifmade, 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 are required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to Acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.37 DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non- responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures 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 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: BID NO: 17-04/05 DA TE: 05101105 CITY OF MIAMI BEACH 10 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, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.39 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), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.42 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, Le. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm who 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, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. BID NO: 17-04/05 DATE: 05102/05 CITY OF MIAMI BEACH 11 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 (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.47 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: . Any agreement resulting from the award of this Bid (if applicable); then . Addenda released for this Bid, with the latest Addendum taking precedence; then . The Bid; then . Awardee's Bid. 1.48 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 of the 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 BID NO: 17-04/05 CITY OF MIAMI BEACH DATE:05m2m5 12 entity in excess of the 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, Le.; 12-14 days. 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 of liability 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. BID NO: 17-04105 DA TE: 05102/05 CITY OF MIAMI BEACH 13 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: 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 of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all damages to the property of others in and up to the amount of$t ,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract" . BID NO: 17-04/05 DA TE: 05/02/05 CITY OF MIAMI BEACH 14 The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout. the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. 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 anoth~r insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portio~s 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: 17-04/05 DA TE: 05102105 CITY OF MIAMI BEACH 15 INSURANCE CHECK LIST xxx 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida xxx 2. Comprehensive General Liability (occurrence form), limits of liability $ LOOO.OOO.OO per occurrence for bodily injury property damage to include Premisesl Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). xxx 3. Automobile Liability - $1,000,000 each occurrence - ownedJnon-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. xxx 5. 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 Indenmity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 xxx 7. Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+: VI or better, latest edition. xxx 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT ST.ym, We understand the Insurance Requirements of these spJfj' . 0 may be required within five (5) days after bid openin I /~ I FXP Corp. Bidder Si BID NO: 17-D4/05 DATE: OSJ01J05 CITY OF MIAMI BEACH 16 f(.) 9f2if~006 1;~6 1M ~ROM; Fa~ MoCQ~tneY ~n2u~an~e TO! 3052$7779~ PAGE: 002 OF 002 ACORD.. !lk!cartney %l1&uraDCe agency,:Inc 5739 Bird Road Wiam1 rL 3315S-3705 pboDe;305-666-4444 IHI\JN:tl .NSUR~S AFFOR~ COV~E I'XP cozporation 2891 8Mr6~t& co~r~ JQ:.Ma, n 3315~ COVERAGeS I~j>,: II'ISlJRER 6: IN~ER C lNalR:t:~ 0: INS~e; THE POLlOIES Of INSURANCE LISTED 8~lOW HAVE BEEN ISSUeD TO TH~ INSURED NAMED NJf7JE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING >>N REOUIREftt11!NT, TERM OR CONDITION OF NIt CONTRACT Oft OTHER ()()ClHeNT WITH Rf:SpeCT TO WHIot TtiIS CERTIFICATE MAY BE I$SUED OR MAY PER.T AIM, Tf.IE INSt.lRANCE AFt:ORDED BY ntE POliCIES oeSCR.IIED HEREIN JS SUBJECT TO ~L THE TERMS. EXCLUSIONS AND CONDm~ OF SUCH POLlCI.ES, AGGREGAli lIMITS SHCMN MAY HAVE BEEN REDUCED pY PAID clAIMS. 'tw: "I'M or: IN8URANCIi POI..ICV NJIIIBER ~I~i ~ ~ GENERAL UASIIJTY EACH OCC~E~CE S 1,000,000 - A ~ ~~ GENEAAl.. i-IABlLITY CL81114275 03/14/05 03/:1.4/04 "I~ 0MW:>e (HIy OM lire) '50,000 I--- tJ CL.Al~~ MACE 0 OCr.I.~ IEP exP (NY; Oflt pel"$Cli1) $1,000 PE~&N:JV~ S 1,000,000 ~A~CATE $ 2 ,000 ,000 ~ MGRE:GA1'E lIMIT APPLIES Ft:~: Pr<<nJCTS - CCN",IIJP JI(/1G $1~OOO ,000 POI.ICV n ~ n l..OC AUTOMDeLE I.\ABll.OV CCM:JINW Sl~ LIMIT - $1,000,000 - /<NY.A;JTO (E& eoc;lldlrt) - All. O'MEO Jll,J'fOS BOOIL y INAAY C X S~UUl..t(J AUTOS o 83U;rr1 12/16/0" 12/16/05 (P~ P9l'9Q1) $ Jl:Xclllded - ~ t'l1~OAUTOS BOOIL Y IN~ X N()N..~ AUTOS (Per IIOOtdert) $ Bxcllldec1 ~ ? !-- ~ ).y~.., t PROPERTY t\6MAGE , Ex~1u<1ec1 Wi" JQCIdenl) R=::' ~ AUtO OM. Y - EA AcCtDel"{T $ Dcluded OTHE:R THAN CA~ $ BxcludeC1 AUro Otl. Y: AGG $lbtcludec1 ElCCesSLIABILIJY eACHO~ . axclude4 [] OCCLR D (";I. AIMS MADE ~G.-.TE . Kxc1uC1ed j ,_. f kC:S1ucted ~ DEOUCnaE ~ ~1.ucled RETENTIOtl . $ Exoluded wtlRKl!R8 cOMPENSA'nON AM) X I ~yIJ'~ I IVER B I;MPLOVEft8' UAIlI..fl'Y wcv 7036360 08/17/05 08/1'/06 EJ... IiiACH ACCIDENT' $ 1,000,000 I!J.. OISEASE - EA EMf'LOYl:e $ 1,000,000 O'flitOR e.\.. Ol~ - POLICY LIMl'l' $1,000,000 DEICItlIl'OON ~ QPli;~1'1DI'48Il.0CATJONSlVEHlCLIi.8l'El<ClJJ8toN1 APDI!D BY IiNDCR8MtmSPEClAL. PROWJIONS !be eext1ficilte IlOl4e~ is liated as an J\ODDrJ!IODL ItlStmBD CERTtACATENOLD~ r Y I ADDt'1lONAL hSURJiPllN8lJl8 um&R: .~ CANCELLATtON CI~'!Oft1 SHOU.D NfY OF ~ A8CMi D&SCNSi'D I"Oe..CI!S 8& CANCELLED 8IiifUU! 'Y\oE IXPIRA~ ~he c.i~y of Miami Beach DAllt 1'HEREOF, lHE taSUINCi ~ M.1- E!~'VOR.1'Q MM. ~ D.AV8~N HV'AC 8enovat.iona ~or the N011Ce TO 1liE CS(I'tflCAlli HCXJ)I5R ~ '1'0 THE LiFT, ElUr F~ 1'000 sa Stw.L. Polioe Station -.oft NO 08U0A11QN P\'I UAl!llUTYOF PI<< KIND lJf'CJIlt1'H@ ~, IT8 AGetm ~ Bid' 11-04/05 ~A~. Ni4Dli 8eaeh rIa 3313' ftStNi8&NTAllYE I Doll McCartDev ACORD 2.5.S (7191) CACORD CORPORATION 1988 VARIOUS HVAC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 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 one air handling unit at the Gun Range; purchase and installation of three air handling units; and the purchase and installation of one emergency air cooled chiller for the Police Station as specified herein. 2.2 TERM OF CONTRACT: N/A 2.3 MEmOD OF AWARD It is the City's intent to award to one contractor for all three groups however the City reserves the right to award this contract 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 if it 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 of the 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 10:30 a.m. on May 20, 2005 at the Police Station located at 1100 Washington Avenue, Miami Beach, FL 33139, with subsequent site visits to all three projects. BID NO: 17-04/05 DA TE: 05102105 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.com/scriots/southfloridaJpublic/homeI.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 John Ellis. The contact person may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail: johnellis@miamibeachfl.gov. Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, 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 WRITIEN 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. BID NO: 17-04/05 DA TE: 05/02/05 CITY OF MIAMI BEACH 18 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. 2.18 REFERENCES (pROVIDE 8 REFERENCES, IN THE CUSTOMER REFERENCE FORM) Each bid must be accompanied by a minimum of eight (8) references. At least three (3) of those references must be for projects completed, of which each project total cost was twenty-five thousand dollars (525,000) 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: Police Station at 1100 Washington Avenue, Miami Beach, FL 33139. 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, i.e. 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. BID NO: 17-04105 DA TE: 05102105 CITY OF MIAMI BEACH 19 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. 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. Bidders shall submit bids for the Trane, Carrier and York Models. Bidders shall provide complete factory information sheets (specifications, brochures, etc.) and test results of units bid within 5 calendar days upon request from the Procurement Director or designated representative. BID NO: 17-04/05 DA TE: 05/02/05 CITY OF MIAMI BEACH 20 VARIOUS HV AC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 3.0 MINIMUM SPECIFICATIONS 3.1. SCOPE OF WORK - POLICE STATION GUN RANGE AIR HANDLER UNIT REPLACEMENT SPECIFICATIONS Contractor shall remove one (1) air handling unit. Contractor shall furnish and install one (1) new air handling unit, piping, valves, duct work, controls, equipment, crane, labor, material, electrical, and plumbing work, engineering drawings and permits to successfully complete the work. 3.1.1.GENERAL 3.1.1.1 The contractor shall replace one (1) air handling unit. Contractor shall furnish and install one (1) new air handling unit, piping, valves, duct work, controls, equipment, crane, labor, material, electrical and plumbing work, engineering drawings and permits to successfully complete the work. All work shall be completed in accordance with Florida Building Code and all other applicable codes, and in a manner consistent with industry standards. Any waiver of permit fees shall be solely determined by the Building Department. Contractor shall verify tonnage and voltages. Contractor shall verify that new unit complies 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. EOUIPMENT LIST 3.1.2.1 The following is a list of the equipment to be replaced: Unit type Make Model number Air Handler # Trane N/ A V oltageIPhase 460/3 3.1.3. DEMOLITION AND DISPOSAL 3.1.3.1 All equipment, support frame, 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. BID NO: 17-04/05 DA TE: 05102/05 CITY OF MIAMI BEACH 21 3.1.4. NEW HV AC EOUIPMENT 3.1.4.1 The new equipment shall be Trane, Carrier or York, and shall be of equal cooling capacity, voltage, and general characteristics as existing equipment. 3.1.4.1.1 Air handling unit shall have double walled panel construction. 3.1.4.1.2 Air handling units shall be furnished with stainless steel pan. 3.1.4.1.3 Air conditioning units shall be furnished with fire dampers and duct smoke and fire detectors as required by the Building code. Such detectors shall be fully compatible with existing building fire alarm system. PRIOR TO COMMENCING WORK, CONTRACTOR SHALL COORDINATE A FIRE ALARM TEST WITH mE 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 OPERATIONAL UPON COMPLETION OF WORK AND PRIOR TO FINAL PAYMENT. 3.1.5. CONTROLS 3.1.5.1 Existing Metasys EMS controls shall remain. Contractor is responsible for the reinstallation of these controls. Any coordination with Johnson Controls, if necessary, shall be the contractor's responsibility. 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 N/A. 3.1.6.3 Contractor shall verify that replacement air handling units are fully compatible with existing variable frequency drives. 3.1.7. PLUMBING 3.1.7.1 Contractor shall install and secure all drain lines on air handling units. 3.1.8. EOUIPMENT 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: 17-04/05 DA TE: 05102105 CITY OF MIAMI BEACH 22 VARIOUS HV AC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 3.2 SCOPE OF WORK - POLICE STATION AIR HANDLING UNITS REPLACEMENT Contractor shall remove three (3) existing air handler units. Contractor shall furnish and install three (3) new air handling units, piping, valves, duct work, controls, electrical, plumbing, crane, engineering drawings and permits necessary to successfully complete the job. 3.2.1.GENERAL 3.2.1.1 The contractor shall replace three (3) air handling units. Contractor shall furnish and install three (3) new air handling units, piping, valves, duct work, controls, equipment, crane, labor, material, electrical and plumbing work, engineering drawings and permits to successfully complete the work. All work shall be completed in accordance with Florida Building Code and all other applicable codes, and in a manner consistent with industry standards. Any waiver of permit fees shall be solely determined by the Building Department. Contractor shall verify tonnage and voltages. Contractor shall verify that new units comply with outside air requirements as outlined by ASHRAE and any other guidelines applicable to the work being performed. The City shall not supply any current engineering drawings or heat load calculations. 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 HV AC equipment Labor Crane Duct work Electrical Miscellaneous TOTAL 3.2.Z. EOUlPMENT LIST 3.2.2.1 The following is a list of the equipment to be replaced: Unit type Make Model number Air Handler #3 Trane K85M82055 Air Handler #4 Trane K85M82056 Air Handler #5 Trane K85M82057 V oltageIPhase 460/3 460/3 460/3 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 equipment shall be removed for disposal by the Contractor. The City shall reserve the right to salvage any component deemed useful. BID NO: 17-04/05 DA TE: 05/02105 CITY OF MIAMI BEACH 23 3.2.4. NEW HV AC EQUIPMENT The new equipment shall be Trane, Carrier or York, and shall be of equal cooling capacity, voltage, and general characteristics as existing equipment. 3.2.4.1 New air handling units shall have double wall panel construction. 3.2.4.2 New air handling units shall be furnished with stainless steel drain pan. 3.2.4.3 Air conditioning units shall be furnished with fire dampers and duct smoke and fire detectors as required by the Building code. Such detectors shall be fully compatible with existing building fire alarm system. 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 OPERATIONAL UPON COMPLETION OF WORK AND PRIOR TO FINAL PAYMENT. 3.2.5. CONTROLS 3.2.5.1 Existing Metasys EMS controls shall remain. Contractor is responsible for the reinstallation of these controls. Any coordination with Johnson Controls, ifnecessary, shall be the contractor's responsibility. 3.2.6. ELECTRICAL 3.2.6.1 Contractor shall be responsible for all electrical work necessary to complete the job. 3.2.6.2 NI A. 3.2.6.3 Contractor shall verify that replacement air handling units are fully compatible with existing variable frequency drives. 3.2.7. PLUMBING 3.2.7.1 Contractor shall install and secure all drain lines on air handling units. 3.2.8. EQUIPMENT 3.2.8.1 Contractor shall supply all lifts, hoists, cranes and all other equipment necessary to lift, remove, install and discard of all debris, install new units, and successfully complete the work. BID NO: 17-04105 DATE: 05102105 CITY OF MIAMI BEACH 24 VARIOUS BV AC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 3.3 SCOPE OF WORK - POLICE STATION EMERGENCY CHILLER REPLACEMENT Contractor shall remove existing air cooled chiller. Contractor shall furnish and install new air cooled chiller. Contractor shall replace existing chilled water pump. Contractor shall install additional back-up chilled water pump. Contractor shall furnish all piping, valves, insulation, duct work, controls, electrical, plumbing, roofing work, crane, duct smoke detectors, engineering drawings and permits necessary to successfully complete the job. 3.3.1.GENERAL 3.3.1.1 The contractor shall replace one (1) air cooled chiller. Contractor shall furnish new air cooled chiller. Contractor shall replace existing chilled water pump. Contractor shall install additional back-up chilled water pump. Contractor shall furnish all piping, valves, controls, equipment, crane, labor, material, electrical and plumbing work, engineering drawings and permits to successfully complete the work. All work shall be completed in accordance with Florida Building Code and all other applicable codes, and in a manner consistent with industry standards. Any waiver of permit fees shall be solely determined by the Building Department. Contractor shall verify tonnage and voltages. Contractor shall verify that new units comply with outside air requirements as outlined by ASHRAE and any other guidelines applicable to the work being performed. The City shall 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 3.3.1.4 Contractor shall provide bids for replacement of system at present location, and for relocation of system to roof on the Bid Form. 3.3.2. EOUIPMENT LIST 3.3.2.1 The following is a list of the equipment to be replaced: Unit type Make Model number V oltagelPhase Air cooled chiller Trane CGABC604AEOO 460/3 Serial number J85K8260 1 BID NO: 17-04/05 DA TE: 05102/05 CITY OF MIAMI BEACH 25 3.3.3. DEMOLITION AND DISPOSAL 3.3.3.1 All equipment, support frames, duct work, and any other debris resulting from the replacement of this air handling equipment shall be removed for disposal by the Contractor. The City shall reserve the right to salvage any component deemed useful. 3.3.4. NEW HV AC EOUIPMENT The new equipment shall be Trane, Carrier or York, and shall be of equal cooling capacity, voltage, and general characteristics as existing equipment. 3.3.4.1 New units shall have two refrigerant circuits with two compressors. 3.3.4.2 New units shall have factory applied anti-corrosion treatment on condenser coils. 3.3.4.3 Air conditioning units shall be furnished with fire dampers and duct smoke and fire detectors as required by the Building code. Such detectors shall be fully compatible with existing building fire alarm system. 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 OPERATIONAL UPON COMPLETION OF WORK AND PRIOR TO FINAL PAYMENT. 3.3.5. CONTROLS 3.3.5.1 Unit controls shall be fully compatible with Johnson Controls Metasys energy management system (EMS). 3.3.6. ELECTRICAL 3.3.6.1 Contractor shall be responsible for all electrical work necessary to complete the job. 3.3.6.2 Contractor shall replace electrical disconnects. Unit disconnects shall be stainless steel.. 3.3.7. PLUMBING 3.3.7.1 Contractor shall install and secure all drain lines on air conditioning units. 3.3.8. EOUIPMENT 3.3.8.1 Contractor shall supply all lifts, hoists, cranes and all other equipment necessary to lift, remove, install and discard of all debris, install new units, and successfully complete the work. BID NO: 17-04/05 DA TE: 05102/05 CITY OF MIAMI BEACH 26 VARIOUS HV AC RENOVATIONS FOR mE POLICE STATION BID # 17-04/05 COMPANY NAME: GROUP I. POLICE STATION GUN RANGE AIR HANDLER UNIT REPLACEMENT SPECIFICATIONS We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the Police Station Gun Range Air Handler Unit Replacement, in accordance with these specifications. Bid Proposal Page 1 of 4 F><P CO~p DESCRIPfION 1) HV AC EQUIPMENT/AIR HANDLER UNIT: OTY. UNIT PRICE TOTAL AHII 1: 1 EA $ c;. ,000.- $ (C"OO<'. - MAKElMODEL: TRANE: M" " ~ MODEL II: '-'-~ AH1I2: MAKElMODEL:CARRJER MODEL II: 1..M $ 9,OOQ- $ '1,000.- ~9t"\ AH1I3: MAKEIMODEL: YORK MODEL II: .~"T,a....t lEA $ e,OCJo.- $ 8,000.- 1) HV AC EQUIPMENT/AIR HANDLER (INCLUDE THE LOWEST OF mE 3): 2) LABOR: 3) CRANE: 4) DUCT WORK: 5) ELECTRICAL WORK: 6) MISCELLANEOUS: $ ~.OOO,- $ $;,000.- $ \,000.- $ 2.,000.- $ ~,OOO.:- $ 3.,'000 .- N.\~ce~w \\"OUSJW\O Written Amount GRAND TOTAL: $ 'C1~\OOO ,- Delivery of AlC Equipment (;,0 Calendar Days BID NO: 17-04105 DATE: 05102105 CITY OF MIAMI BEACH 21 fll VAlUOUS HVAC RENOVATIONS FOR THE POLICE STATION BID # 17..04/05 COMPANY NAME: Bid Proposal Page 2 of 4 F~P c.o~r> GROUP II. POLICE STATION AIR HANDLING UNITS REPLACEMENT We propose to furnish aU labor, machinery, tools, means of transportation, supplies, equipluent, materials, and services necessary fOf the Police Station Air Handler Units Replacement, in accordance with these specifications. DESCHIPTION I) HVAC EQUlPMENT/AIR HANDLING UNIT: OTY. UNIT PRICE TOTAL IvfAK.E: TR...<\.NE lvIODEL #: ..-\ c...~ e J...10DEL #:~ c::..~e> MODEL #: "'" <:.. ~e 3 EA $ \2,000.- $ '3<;', 00e>.- MAKE: CARRIER MODEL #: 39M MODEL #::J~ ..-( MODEL #: ~~ B IV1AKE: YORK MODFL #: .$0\"'\10-1 MODEL #: -Co,''' no....) MODEL #: SQ\ u -n co"" 3 EA $ \ ~. S:OO.- $ 3 -C, SO" 3 EA $ \~,c;.OO $ 31,S, 00 1) HVAC EQUIPlvffiNTI AIR HANDLER (INCLUDE THE LOWEST OF THE 3): 2) LABOR: 3) CRANE: 7) DUCTWORK: 8) ELECTRICAL WORK: 9) l\l1ISCELLANEOUS: $ 3(;,.000,,- $ 18,000,,- $ \,000_- $ ::3. 000.- $ 4,000.- $ \~,ooc:>.- GRAND TOTAL: $ l ~ ,000.- Se ",e \1\ 1'-\ F 00 I<- -ntcoU ~ 0 Written Amount Delivery of Ale Equipment <pC) Calendar Days BID NO: 17-04/05 DATE: 05/02/05 CITY OF MIAMI BEACH 28 VARIOUS HVAC RENOVATIONS FOR TIlE POLICE STATION BID # 17-04/05 COMPANY NAME: Bid Proposal Page 3 of 4 F)(..p C.OJiZ.p c;aoup In. POLICE STATION EMERGENCY CIDLLER REPLACEMENT We propose to furnish all labor, machinery, tools, and means of transportation, supplies, equipment, materials, and services necessary for the Police Station Emergency Chiller Replacement, in accordance with these specifications. DESCRIPTION 1) HV AC EQUIPMENT/AIR COOLED CHILLER: ory. UNIT PRICE TOTAL MAKE: TRANE MODEL: c.~ A-Fc... (iO ~ 1 EA $ 3"2., CJXJ.' $ ~,OOO ..- MAKE: CARRIER 1 EA $ ~.ooo:- $ 40,000.- MODEL: MAKE: YORK 1 EA $ ~e.ooo..... $ :79,000.'- MODEL: 1) HV AC EQUIPMENT/AIR HANDLER (INCLUDE THE LOWEST OF THE 3): 2) LABOR: 3) CRANE: 10) DUCT WORK: 11) ELECTRICAL WORK: 12) MISCELLANEOUS: $ 212.,000.- $ 9,000.- $ ~, 000 ,... $ - ",. $ ,(,,000. --- $ 3'2,000.. GRAND TOTAL: $ ~,iJ corl'\1 '"t"w ~ "'{'th:) \.\ S ~ 0 - Written Amount 9'2.,000.- Delivery of Ale Equipment .90 Calendar Days BID NO: 17-04/05 DATE: 05102105 CITY OF MIAMI BEACH 29 (~ VARIOUS HV AC RENOVATIONS FOR mE POLICE STATION BID # 11-04/05 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: Group I: Police Station Gun Range Air Handler Unit Replacement: i o( \? Discount iota Discount ~ o/b Discount Group II: Police Station Air Handling Units Replacement: Group III: Police Station Emergency ChiUer Replacement: BID NO: 17-04/05 DATE: OSI02IOS CITY OF MIAMI BEACH 30 ,~ VARIOUS BVAC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 Bid Proposal Page 4 of 4 PAYMENT TERMS: NET JO. If other, specify here ANY LETTERS, ATIACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITIED IN DUPLICATE. SUBMITTED BY: Francisco X. Perez TITLE: President /~ ./" /,.~/ / /,/ /~ COMPANY NAME: SIGNED: (I certify that 1 am a commit the biddin I Bidders!!!!!!! acknowledge receipt of ADDENDUM No. 1: 06/01/2005 Insert Date ADDENDUM No. 2: 06/09/2005 Insert Date ADDENDUM No. 3: 06/14/2005 Insert Date ADDENDUM No. 4: 06/22/2005 Insert Date NAME/TITLE(print): ADDRESS: Francisco X. Perez/President 2897 S.W. 69th Court CITY/STATE: Miami, FL ZIP: 331 55 TELEPHONE NO: (305) 267-7748 FACSIMILE NO: (305) 267-7798 FEDERAL I.D. NUMBER: 65-0625730 BID NO: 17-04/05 DATE: 05lO2IOS CITY OF MIAMI BEACH 31 fJR VARIOUS HVAC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 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 EquivalentsIEqual Product General Conditions Section 1.10 Special Conditions Section 2.26 Insurance and Indemnification (including Insurance Checklist) X General Conditions Section 1.58 X Bid GuarantylPerformance Bond General Conditions Section 1.27 X Warranty Special Conditions Section 2.16 X Product/Catalog Information Special 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: 17-04/05 DA TE: 05/02/05 CITY OF MIAMI BEACH 32 VARIOUS HVAC RENOVATIONS FOR THE POLICE STATION BID # 17-04/05 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) finns or government organizations for which the Contractor is currently furnishing or has fwnished, similar services. At least three (3) of these references must be for projects completed, of which each project total cost was twenty-five thousand doUars ($25,000) or higber in construction work. 1) Company Name City of Hollywood Address 2717 Van Buren st., Hollywood, FL ContactPerson/ContractAmount Bob Wertz, Less Pettit/$370,000 Telephone No. (954) 921-3900 Fax No. (954) 921 - 3 4 61 2) Company Name City of Miami Beach, Property Management Address 1245 Michigan Avenue, Miami Beach, FL Contact Person/Contract Amount Ralph M,oreno/ $1 50,000 Telephone No. (305) 673 - 7 61 0 Fax No. (305) 673-7963 3) Company Name Padula & Wadsworth 2100 N. Andrews Ave. EXt., Pompano Beach, FL Address Contact Person/Contract Amount Wal ter Wadsworth/ $ 290, 000 Telephone No. (954) 974-3262 Fax No. ( 9 54 ) 9 74- 3 2 7 2 4) Company Name AFCO Constructors Address 1804 NW Madrid Way, Boca Raton, FL ContactPersonlContractAmount Aldo Ferera/$370,000 Telephone No. (561 ) 338-2160 Fax No. (561 ) 338-5037 BID NO: 17-04105 DATE: OSJ02IOS CITY OF MIAMI BEACH 33 ~.vY VARIOUS BV AC BENOV A TIONS FOR mE POLICE STA nON BID # 17-04/05 CUSTOMER REFERENCE LISTING (Contd.) 5) Company Name Florida International University Address University Park Campus, Miami, FL Contact Person/Contract Amount Will i am Powe r / $ 3 0 2 , 000 Telephone No. (305) 348 - 4 6 6 7 Fax No. (305) 348 - 4 0 1 0 6) Company Name Port Everglades, Broward County Address 1850 Eller Drive, Ft. Lauderdale, FL Contact Person/Contract Amount Israel Rosental/$331,000 Telephone No. (954) Fax No. (954) 765-5389 7) Company Name Milton Construction Address 3711 S.W. 27th street, Miami, FL Contact Person/Contract Amount Alex Milton/$650,000 Telephone No. (305) 444-8326 Fax No. (305) 444-9642 8) Company Name JCM Development Address 8602 S.W. 74th street, Miami, FL Contact Person/Contract Amount Juan Carlos Mena/$118,000 TelephoneNo. (305) 595-3739 Fax No. (305) 595-6811 BID NO: 17-04/05 DATE: OSlO2IOS CITY OF MIAMI BEACH J4 ~vQ VARIOUS HVAC RENOVATIONS FOR TIlE POLICE STATION BID # 17...04/OS CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answen 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 FXP Corp., 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 mder your present business name? 9 Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? yes CMC057078 State of Florida occupational license - state type and number: General Mech. Contractor Dade County certificate of competency - state type and number: N / A City of Miami Beach occupational license - state type and number: N / A Include copies of above licenses and certificates with proposal. How many years ex~' ence in similar work has your organization had? rlm~ 9 (A) As a erm Contractor (B) As a Sub-Contractor 9 (C) What contracts has your organization completed? Contract Amt Class of Work $132,000 HVAC $370,000 HVAC $302,000 HVAC When Completed Name! Address of Owner 2003 City of Miami Beach, Property, Mgmt 2005 City of Hollywood 2002 FlU Have you ever had a contract terminated. (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? No If so, where and why? Has any officer or partner of your organization ever failed. to complete a construction contract handled in his own name? No If so, state name of individual, name of owner, and reason thereof BID NO: 17-04105 DATE: 05102105 CITY OF MIAMI BEACH 35 ~vf In what other lines of business are you fmancially interested or engaged? N / A Give references as to experience, ability, and fmanciaI standing We are also registered Engineers in the state of Florida, 9 years as Mechanical Contractors, the company averages $90,000 in profits a year. What equipment do you own that is available for the proposed work and where located? Welders, Ductwork Machines, Lifts 'located in office What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Firs t 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, Electrical Work Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The teon "controlling fmancial 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 firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Francisco X. Perez BID NO: 17-04/05 DATE: 05/02105 CITY OF MIAMI BEACH 36 y~ CONTRACTORtS 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, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. ncisco X. Perez (SEAL) (SEAL) BID NO: 17-04/05 DATE: 05102105 CITY OF MIAMI BEACH 37 fY' CITY OF MIAMI BEACH PROCUREMENT DIVISION Interoffice Memorandum to To: Robert Parcher I- City Clerk Gus Lopez, CPPO Procurement Direct r Date: October 4,2005 From: Subject: CONTRACTS FOR BID NO. 17-04/05 - VARIOUS HVAC PROJECTS FOR THE POLICE STATION Four (4) copies of the above referenced Contract are attached for the Mayor's signature and execution. The insurance certificate has been approved by Risk Management and the City Attorney has approved the form and language for contract execution. Thank you for your prompt attention to this matter. /,"".'/' ~:;.'.7 ..~..../ ~.:r-- / - ,I"/~--- - ( 0:....-. Gus Lopez, CPPO Procurement Director je