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HomeMy WebLinkAboutITB 18-04/05 Miami Beach AI -Medea Clly '1111' INVITATION FOR BIDS c a E- 0/�s- etwl AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB No.18-04/05 BID OPENING: JUNE 10, 2005 AT 3:00 P.M. NIG oa /110.- Outstanding Agency 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:\PURC1$ALL\Roman\bids1051ITB 18-04-05.doc BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 1 CtTY CLERK AGREEMENT THIS AGREEMENT made this 8th day of September 2005, 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 JOHNSON CONTROLS 3300 CORPORATE AVENUE, SUITE 100 WESTON. FLORIDA 33331 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but not limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technil specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. ITB 18-04/05 Agreement Page lof 3 The Contractor shall commence work within five (5) days of the second Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work within fifteen (15) calendar days after the date of the Notice to Proceed, and completed and ready for fmal payment within seven (7) calendar days after the date certified by the Project Manager as the date of Substantial Completion. 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above plus any extensions thereof allowed. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of One -Hundred Dollars ($100.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Fifty Dollars ($50.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent ITB 18-04/05 Agreement Page 2of 3 of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $35,470 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. TAVISOVI6a0 ld... (SEAL) CI � F IAI�I BEACH Contractor By (Authorized Corporate Officer) ‘r1Itice/ Mir Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date ayor David Dermer ATTEST: 61(AI/ fa,cda„ City Clerk Robert Parcher ITB 18-04/05 Agreement Page 3of 3 BOND #6370419 PERFORMANCE BONID (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, JOHNSON CONTROLS, INC . 5757 NORTH QREUT BAY AVENUE* as Principal, hereinafter called Contractor, and SAFECO INSURANCE COMPANY** as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of THIRTY-FIVE THOUSAND*** Dollars ($ 35,470.00 ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the 8TH day of SEPTEMBER , 20 05, entered into a certain contract with the City, hereto attached, for BMA 18-04/05, Entitled, "AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER " which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of .said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: 1. Complete the Contract in accordance with its terms and conditions, or at the City's sole option, 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. ITB 18-04/05 *MILWAUKEE, WI 53209 **OF AMERICA; SAFECO PLAZA, SEATTLE, WA 98185 ***FOUR HUNDRED SEVENTY AND N0/100 BOND #6370419 PERFORMANCE BOND (contd.) No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor, This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to tate terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 16TH day of SEPTEMBER ,20 05 1T3 18-04105 BOND 16370419 PERFORMANCE BOND (Contd.) WITNESS: PRINCIPAL: (If sole Proprietor or partnership) • COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy jgent's currei License as issued by State of Florida Insurance By: Commissioner At efrf ey-in-fact TRACY K. MATTHEWS (Power of Attorney must be attached) (Firm Name BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) JOHNSON CONTROLS, INC. (Corporate Name) BY SEE DELEGATION OF AUTHORITY (President) JOHN M. BARTH Attu: SEE DELEGATION OF AUTHORITY EROME D,.._OKARMA YNARD - A -? EY—IN—FACT CORPORATE SE SURETY: SAFECO INSURANCE COMPANY OF AMERICA GEORGE L. FREY ITB 18-04/05 CERTIFICATES AS TO CORPORATE PRINCIPAL SEE DELEGATION 1, OF AUTHORITY BOND #6370419 , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that JOHN MAYNARD who signed the said bond on behalf of the Principal, was then ATTORNEY—IN—FACT of said Corporation; that 1 know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. STATE OF ss COUNTY OF SEE DELEGATION OF AUTHORITY Corporate Secretary Seal WISCONSIN ) MILWAUKEE Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JOHN MAYNARD to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the JOHNSON CONTROLS , INC . and that he has been authorized by JOHNSON CONTROLS , INC . to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this 16TH day of SEPTEMBER , 20 05 A.D. (Attach Power of Attorney) -Ze4 Notary Public State of WirikeigAsigstge W My Commission Expires: 0 6' c'2." ITB 18-04/05 BOND 16370419 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, JOHNSON CONTROLS, INC.* , as Principal, and SAFECO INSURANCE COMPANY**as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the stun of $ THIRTY—FIVE THOUSAND*** for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated between the City and Principal is made a part of this Bond by reference. Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. rrB 18-04/05 *5757 NORTH GREEN BAY AVENUE; MILWAUKEE, WI 53209 **OF AMERICA; SAFECO PLAZA, SEATTLE, WA 98185 ***FOUR HUNDRED SEVENTY AND NO/100 DOLLARS ($35,470.00) BOND 16370419 LABOR AND MATERIAL PAYMENT BOND (contd.) IN WITNESS WIIEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 16TH day of SEPTEMBER ,20 05 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy qVAgent's curre License as issued by State of Florida Insurance Commissioner GEORGE L. FREY By: (Firm Name) -BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) 'JOHNSON CONTROLS, INC. (Corporate Name) BY SEE DELEGATION OF AUTHORITY (President) JOHN M. BARTH Attest: SEE DELEGATIN OF AUTHORITY (Secretary) JEROME D . OKARMA (CORPORATE SEAL) SURETY: SAFECO INSURANCE COMPANY OF AMERICA .447Viese/fa) orney-in4fact TRACY K. MATTHEWS (Power of Attorney must be attached) ITB 18-04/05 CERTIFICATES AS TO CORPORATE PRINCIPAL SEE DELEGATION 1, OF AUTHORITY BOND /6370419 , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that Joy MAYNARD who signed the said bond on behalf of the Principal, was then ATTORNEY-IN-FACT of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SEE DELEGATION OF AUTHORITY Corporate Secretary Seal STATE OF ZIN204•1Atil) WISCONSIN ss COUNTY OF ) MILWAUKEE Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JOHN MAYNARD to me well known, who being by me first duly swom upon oath, says that he is the Attorney in Fact, for the JOHNSON CONTROLS, INC. and that he has been authorized by JOHNSON CONTROLS, INC. to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this 16TH day of SEPTEMBER 20 05 A.D. • (Attach Power of Attorney) My commission Expires ! to 6 - - ,>erD ITB 18-04/05 Notary Public State of Pferaliptifirno. W I sco,v5,,I JHNSON CONTRLS Johnson Controls, Inc. 5757 N. Green Bay Avenue Post Office Box 591 Milwaukee, WI 53201-0591 Tel. 414/524 1200 DELEGATION OF AUTHORITY The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by a certain resolution adopted by the Board of Directors of the Company on January 23, 1980, hereby authorizes John Maynard Manager, Risk Management to perform, on behalf of the Company, the acts described below: To execute and deliver, as attorney-in-fact for the Company, any and all assignments of all surety, performance, and bid bonds necessary and proper in carrying on the business of the Company. This authority does not extend to a. the execution of contracts for the performance of work, sale of goods, and furnishing of services; b. the collection, receipt and recovery of monies due or to become due to the Company and the issuance of receipts and releases for the payment thereof; c. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company; and d. the signing, on behalf of the Company, of any deeds, abstracts, offers to purchase, or any other instruments pertaining to the purchase or sale of real property. This authority shall remain in full force and effect until revoked in writing by the President of the Company. Signed at Milwaukee, Wisconsin, this 18th day of March 2005 Pres i. %ent a eco KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint POWER OF ATTORNEY No. 5155 Safeco Insurance Companies PO Box 34526 Seattle, WA 98124-1526 **********CYNTHIA A. GROSS; WILLIAM R. HAACK; TRACY K. MATTHEWS; ROBERT F. MCINTYRE; MARY K. OSSE; AMY S. SHAVER; Milwaukee, Wisconsin*********************************************************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 6th this 44 . z. STEPHANIE DALEY-WATSON.SECRETARY day of September 2005 MIKE PETERS. PRESIDENT. SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (11) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 16TH S-0974/DS 4/05 day of SEPTEMBER , 2005 • STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF FLORIDA DEPARTMENT OF INSURANCE GEORGE LOUIS FREY License Number A090129 IS LICENSED TO TRAraThE FOLLOWING CLASSEAWSISURANCE General Lines (Prop & Cas Health . Life & iitAITIz-- - • This licensee must have an active appointment withthe insurer or employer for which products or services are being marketed. See reverse for additional requirements. 1 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the Safeco insurance companies (Safeco Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. S-6248/GE 9/04 Safeco® and the Safeco logo are trademarks of Safeco Corporation FRP JHNSON CONTRLS Johnson Controls, Inc. Controls Group 507 East Michigan Street Post Office Box 423 Milwaukee, WI 53201-0423 Tel. 414/524 4000 DELEGATION OF AUTHORITY The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by a certain resolution adopted by the Board of Directors of the Company on January 23, 1980, hereby authorizes Mark Faucher Service Branch Manager 3300 Corporate Ave., Suite 100 Weston, Florida 33331 to perform, on behalf of the company, the acts described below: To execute and deliver any and all contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business. This authority does not extend to: a. b. c. the execution of surety, performance or bid bonds; the signing of any notes, contracts, or any other borrow money in the name of the Company; and the signing, on behalf of the Company, of any offers of purchase, or any other instruments purchase or sale of real property. agreement to deeds, abstracts, pertaining to the This authority shall remain in full force and effect until revoked by the President of the company. Signed and sealed at Milwaukee, Wisconsin, this 2005 . 24th day of March in writing MARSH USA INC. PRODUCER Marsh USA Inc. 411 East Wisconsin Avenue Suite 1600 Milwaukee, Wisconsin 53202-4419 Attn: CPU, Phone (414) 290-4912 Fax (414) 290-4953 CPU_Milwaukee@marsh.com INSURED Johnson Controls, Inc. Johnson Controls Battery Group, Inc. Johnson Controls Interiors, L.L.C. Johnson Controls of Puerto Rico, Inc. Cal -Air, Inc. GES America, L.L.C. Optima Batteries, Inc. USI Companies Inc. Attn: Corp. Risk Mgmt. X-92 P.O. Box 591 Milwaukee, WI 53201 J\.l D161IU11W/14,41.WII. CERTIFICATE OF INSURANCE DATE 09/29/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. Company A Company B Company C Company D COMPANIES AFFORDING COVERAGE Illinois Union Insurance Company P.O. Box 41484, Philadelphia, PA 19101 Sentry Insurance A Mutual Co. 1800 North Point Drive, Stevens Point, WI 54481 Indemnity Insurance Company of North America and for CA: ACE American Insurance Company P.O. Box 41484, Philadelphia, PA 19101 Lexington Insurance Company 100 Summer Street, Boston, MA 02110 AM Bost Rating (As of 09126105) *See Below A+ XV A+ XV A+ XV A+ XV COVERAGES This certificate supersedes and replaces any previously issued certificate. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LT TYPE OF INSURANCE R A GENERAL LIABILITY (1) (2) (3) X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE X OCCUR OWNER'S & CONTRACTORS PROT �( - Contractual X X,C,U (Explosion, Collapse, Underground) X Additional Insured -Owners Lessees or Contractors See Below B AUTOMOBILE LIABILITY (1) (2) (3) X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X - HIRED AUTOS )( - NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO D EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (3) THE PROPRIETOR/ X PARTNERS/EXECUTIVE OFFICERS ARE: OTHER (1) ADDITIONAL INSURED/LOSS PAYEE: Includes coverage for Additional Insureds & Loss Payees as required by lease or contract. Ifrequired by contract, this includes: C i tv of Miami Beach (2) PRIMARY COVERAGE: Where required by Isgaase or contract, this coverage is primary and not excess of or contributing with other insurance or self-insurance. S3) WAIVER OF SUBROGATION: Insured waives subrogation to the extent required by contract. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS JCI Contract No. Project Name: Customer PO Number: CERTIFICATE HOLDER CANCELLATION INCL EXCL POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) H DOG 1723551 10-1-2005 90-04606-01 10-1-2006 10-1-2005 10-1-2006 5577313 10-1-2005 10-1-2006 WLRC44333879 10-1-2005 10-1-2006 WLRC44333880 - CA The Indemnity Insurance Company of North America program applies to all JCI entities in all states except for the self-insured entities and the monopolistic states. LIMITS GENERAL AGGREGATE PRODUCTS-COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 COMBINED SINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT $ 5,000,000 EACH OCCURRENCE AGGREGATE X 1WC TORYLIMITS I ERH EL EACH ACCIDENT EL DISEASE -POLICY LIMIT $ 5,000,000 $ 1,000,000 $ 1,000,000 EL DISEASE -EACH EMPLOYEE $ 1,000,000 CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach FL 33139 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL GNDGAIlGR-TG MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, - - - - - - - MARSH USA INC. BY: * A.M. Best ratings of Insurers are provlded.for Information purposes only and are based upon information with respect 0 such ratings available to Marsh USA Inc. on the date sot forth heroin with respect to such ratings. Marsh USA Inc. will not, and wise have no responsibility or obligation to, Inform the certificate holder or any person relying upon this certificate of any chan9es In such A.M. Best ratings occurring after such date. Marsh USA Inc. will haw no Mobley with respect to the solvency or future ability to pay claims of any of the insUrancs companies which haw Issued the Insurance policies referenced herein. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamlbeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Ca_ Mayor David Dermer and Date: September 8, 2005 Members of the City Commission Jorge M. Gonzalez City Manager REQUEST FOR APPROVAL TO AWARD A CONTRACT TO JOHNSON CONTROLS PURSUANT TO INVITATION TO BID NO. 18-04/05, FOR THE AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH IN THE AMOUNT OF $35,470. ADMINISTRATION RECOMMENDATION: Approve the Award. BID AMOUNT AND FUNDING: $35,470 Funds are available from Acct. 520.1720.000674 (Property Capital) ANALYSIS: Invitation to Bid No. 18-04/05 (the "Bid") was issued on May 11, 2005, with an opening.date of June 24, 2005. BidNet issued bid notices to 27 prospective bidders. Additionally, the Procurement Division supplemented BidNet's listing and sent the bid announcement to other Contractor's listings in the Blue Book online, and four other construction related websites, thus inviting at approximately another 50 prospective bidders. The notices resulted in the receipt of six (6) bids. The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the furnishing of a new air handling unit, duct work, access panels, equipment, cranes, lifts, engineering drawings, permits, electrical, plumbing, roofing, and any other work necessary to successfully complete the job at the Scott Rakow Youth Center. Prospective Bidders were requested to provide the cost of relocating the system to the roof as an altemate. The lowest and best bid was received from Johnson Controls. This contractor has been in business for 30 years as a specialty mechanical contractor (AC). The Procurement Division obtained favorable references from the following agencies: • City of Boca Raton • Brevard Public Schools, Rockledge, Florida • Hardee County Schools, Wauchula, Florida • Florida Department of Transportation 20 The Contractor will procure Performance and Payment Bonds, each in the amount of 100% of the contract price. This 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. RECOMMENDATION Based on the analysis of the bids received, it is recommended that the City award the contract for the base bid only to the lowest and best bidder, JOHNSON CONTROLS. BID TABULATION VENDOR NAME BASE BID ALTERNATE BID Johnson Controls ;35,470.00 NIA Thermal Concepts, Inc. $53,925.00 N/A Key Biscayne Mechanical DBA $67,300.00 $73,100.00 All Dade Air Conditioning Pyke Mechanical, Inc. $84,942.00 $104,682.00 FXP Corp. $90,000.00 N/A Temptrol Air Conditioning, Inc. $92,000.00 N/A MAGENDA120051Sep08051Regulan18-04-05ScottRakowMemo.doc 21 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:11www. mia mibeachfl. gov PROCUREMENT DIVISION 1911111111 Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 18-04/05 ADDENDUM NO. 1 June 3, 2005 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH is amended as follows: I. A second Site Visit has been scheduled for Thursday, June 9, 2005 at 10:00 at the Scott Rakow Youth Center located at 2700 Sheridan Avenue, Miami Beach, FL 33140. II. The bid due date has been changed from June 10, 2005 to June 17, 2005 at 3:00 pm. Subsequent addendum may 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 Gus Lopez, CPPO Procurement Director rm CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:1\www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 18-04/05 ADDENDUM NO. 2 June 9, 2005 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH is amended as follows: I. A FINAL Site Visit is scheduled for Monday, June 13, 2005 at 10:00 a.m. at the Scott Rakow Youth Center located at 2700 Sheridan Avenue, Miami Beach, FL 33140. Inasmuch as this change does not materially affect the Bid document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\lwww.miamibeachfl.gov PROCUREMENT DIVISION -1111111111 Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 18-04/05 ADDENDUM NO. 3 June 14, 2005 AIR HANDLING UNIT REPLACEMENT AT TIIE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH is amended as follows: I. The bid due date has been changed from June 17, 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 Gus Lopez, CPPO Procurement Director rm CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 16-04/05 ADDENDUM NO. 4 June 24, 2005 CITY OF MIAMI BEACH FABRICATION AND INSTALLATION OF SIGNAGE PACKAGE IN ACCORDANCE WITH THE CITYWIDE WAYFINDING AND IDENTITY SYSTEM WITH AN OPTIONAL SIGN MAINTENANCE SERVICE AGREEMENT is amended as follows: I. The bid due date has been changed from July 1, 2005 to July 7, 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 Gus Lopez, CPPO Procurement Director rm CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:llmiamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 PUBLIC NOTICE INVITATION TO BID NO. 18-04/05 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 10th of June, 2005 for: AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH 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 furnishing of a new air handling unit, duct work, access panels, equipment, cranes, lifts, engineering drawings, permits, electrical, plumbing, roofing, and any other work necessary to successfully complete the job at the Scott Rakow Youth Center. Prospective Bidders are requested to provide the cost of relocating the system to the roof as an alternate. Minimum Requirements: Prospective Bidder must have a minimum of 3 years experience in providing HVAC Renovations and provide six references. At least three (3) of those references must be for projects completed, of which each project total cost was twenty-five thousand dollars ($25,000) or higher in construction work. Estimated Budget: $100,000 Bid Guaranty: 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. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre -Bid Conference will be held at 10:00 a.m. on May 24, 2005 at the Scott Rakow Youth Center located at 2700 Sheridan Avenue, Miami Beach, FL 33140. Attendance at the Pre-bid Conference is highly encouraged and recommended as a source of information but is not mandatory. The City of Miami Beach has contracted with BidNet which encompasses a central bid notification system created exclusively for state and local agencies located in South Florida. This South Florida Purchasing system allows 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/roublic/homel.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 2 Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673- 7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest 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 BID IS SUBJECT TO THE CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LOCAL PREFERENCE ORDINANCE NO. 2003-3413. RESPONSIVE AND RESPONSIBLE MIAMI BEACH -BASED VENDORS THAT ARE WITHIN 5% OF THE LOWEST AND BEST BIDDER, WILL BE GIVEN AN OPPORTUNITY OF PROVIDING SAID GOODS OR GENERAL SERVICES CONTAINED HEREIN, FOR THE LOWEST RESPONSIVE BID AMOUNT. Detailed representation of all these ordinances can be found on the City of Miami Beach WebSite at http://www.miamibeachfl.2ovinewcitv/dents/nurchase/bidintro.asn CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 3 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:Nmiamibeachtl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 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: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 4 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH BID # 18-04/05 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 no later than June 3, 2005 at 3:00 pm. Facsimile or e-mailed bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(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: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 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 if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 6 thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection 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 to/or risk of loss or damage to all items shall be the responsibility ofthe 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 ofthe contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 7 1.21 OSHA: The bidder warrants that the product supplied to the City ofMiami 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 ofMiami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami -Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 BID GUARANTY: A Bid Guaranty is not required, however the successful Bidder executing the Contract will be required to provide the Performance Bond and Payment Bond in the amount of one -hundred percent (100%) of the contract amount, and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 8 1.29 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.31 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.32 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.35 PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 9 acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.37 DEMONSTRATION OF COMPETENCY: 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: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 10 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), 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, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, 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. 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. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 11 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 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, i.e.; 12-14 days. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 12 1.55 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002- 3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.56 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved 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 eam on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. 1.58 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 13 Maintain Automobile Liability Insurance including Property Damage covering all owned, non - owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration 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 $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 14 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 another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 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 $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-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 $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .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 STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Johnson Controls, Inc. Bidder Signature of Bidder BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 16 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 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 an air handler unit replacement at the Scott Rakow Youth Center, as specified herein. 2.2 TERM OF CONTRACT: N/A 2.3 METHOD OF AWARD Award of this contract will be made to the lowest and best bidder as defined in General 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. The 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 ADDITIONS/DELETIONS OF FACILITIES: N/A 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A 2.8 PRE-BID CONFERENCE/SITE INSPECTION: A Pre -Bid Conference will be held at 10:00 a.m. on May 24, 2005 at the Scott Rakow Youth Center located at 2700 Sheridan Avenue, Miami Beach, FL 33140. 2.9 VENDOR APPLICATION The City of Miami Beach has contracted with BidNet and has begun utilizing this central bid notification system which has been created exclusively for state and local agencies located in South Florida. This South Florida Purchasing system allows for 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.Qovbids.com/scripts/southflorida/aublic/home l .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 Roman Martinez. The contact person may be reached by phone: 305.673.7493; fax: 305.673.7851; or e-mail: romanmartinez@miamibeach.gov. Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 17 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 1.55, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.11 SAMPLES: N/A 2.12 LIQUIDATED DAMAGES: Bidder agrees to pay Owner as liquidated damages for delay (but not as a penalty) the amount of One Hundred Dollars ($100.00) for each calendar day beyond the fifteen -day substantial completion period until the work is substantially completed. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner One Hundred Dollars ($100.00) for each calendar day beyond the time specified for completion and readiness for final payment. 2.13 DISCOUNTS (From published price lists): N/A 2.14 ESTIMATED QUANTITIES: N/A 2.15 HOURLY RATE: N/A 2.16 WARRANTY: The successful bidder will be required to warranty all work performed for a minimum of 1 year from date of acceptance. Equipment supplied shall be covered by manufacturer's warranty. 2.17 PRODUCT/CATALOG INFORMATION: All bidders must submit product information on the product they propose to furnish if awarded this contract. Failure to submit such information may result in rejection of your. bid. 2.18 REFERENCES (PROVIDE 6 REFERENCES, IN THE CUSTOMER REFERENCE FORM, PAGE 26) Each bid must be accompanied by a minimum of six (6) references. At least three (3) of those references must be for projects completed, of which each project total cost was twenty-five thousand dollars ($25,000) or higher in construction work. Reference shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.19 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. Workmanship of unit will be inspected and accepted by the Property Management Director, or designated representative. 2.20 FACILITY LOCATION: BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 18 Scott Rakow Youth Center: 2700 Sheridan Avenue, Miami Beach, FL 33140. 2.21 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment included in this scope of work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has done HVAC renovations as specified under the Minimum Requirements on Page 2 of this Bid Documents. The evidence at a minimum will consist of listing of work that has been provided to public and private sector clients, ei. nature of work and number of units (includes purchase, delivery and installation) within the last three (3) years. 2.22 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.23 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.24 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.25 MAINTENANCE AGREEMENT: N/A 2.26 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 19 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 3.0 SCOPE OF WORK — AH UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER Contractor shall remove and replace one (1) existing air handling unit on the second floor mechanical room. Contractor shall furnish new air handling unit, duct work, access panels, equipment, cranes, lifts, engineering drawings, permits, electrical, plumbing, roofing, and any other work necessary to successfully complete the job at the Scott Rakow Youth Center. Prospective Bidders are requested to provide the cost of relocating the system to the roof as an alternate. 3.1.1.GENERAL 3.1.1.1 The contractor shall replace one (1) existing air handling unit. Unit shall be Trane, Carrier or York. Any equivalent alternative unit to the above mentioned manufacturers shall be inspected by the City representative in an existing job application. At the City's discretion, an alternative may be accepted. Contractor shall furnish the new air handling unit, controls, equipment, labor, material, electrical, plumbing, roofing, engineering drawings and permits to successfully complete the work. All work shall be completed in accordance with the Florida Building Code and all other applicable codes, and in a manner consistent with industry standards. Any waiver of permit fees shall be solely determined by the Building Department. Contractor shall verify cfin., horsepower and voltages. The City shall supply specifications of existing air handling unit for reference only. 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 Air handler Labor Duct work Electrical Miscellaneous TOTAL 3.1.1.4 Contractor shall provide bids for replacement of system at present location, and for relocation of system to roof on the Bid Form. 3.2.1. EOUIPMENT LIST 3.2.1.1 The following is a list of the equipment to be replaced: Unit type Make Serial number Voltage/Phase Air handler, M-31 Trane K5M297648 460/3 3.2.2. DEMOLITION AND DISPOSAL 3.2.2.1 All equipment, support frames, duct work, and any other debris resulting from the replacement of this air handling unit shall be removed for disposal by the Contractor. The City shall reserve the right to salvage any component deemed useful. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 20 3.2.3. NEW AIR HANDLING UNIT Unit shall be Trane, Carrier or York. Any equivalent alternative unit to the above mentioned manufacturers shall be inspected by the City representative in an existing job application. At the City's discretion, an alternative may be accepted. 3.2.3.1 New air handling unit shall be constructed with galvanized steel. 3.2.3.2 Unit shall be provided with stainless steel drain pan. 3.2.3.3 Unit shall have double wall panels. 3.2.4. CONTROLS 3.2.4.1 Unit shall be provided with all smoke and fire dampers as required by code. Unit shall be provide with all actuators, chilled water valve and controls required for the proper operation of such equipment. 3.2.4.2 Damper actuators shall be electrically operated. 3.2.4.3 Air handling unit shall be supplied with all necessary components, UNT's, control wiring and programming. All energy management system related items shall be Metasys (Johnson Controls). 3.2.5. ELECTRICAL 3.2.5.1 Contractor shall be responsible for all electrical work necessary to complete the job. 3.2.6. EOUIPMENT 3.2.6.1 Contractor shall supply all lifts, hoists, cranes and all other equipment necessary to lift, remove, install and discard of all debris, install new air handling unit, and successfully complete the work. 3.2.7. TESTING OF SYSTEM 3.2.7.1 Upon completion of installation, contractor shall verify that new air handling unit and dampers are operational and proper shut down upon activation of fire alarm system is occurring. PRIOR TO STARTING ANY WORK, CONTRACTOR SHALL COORDINATE WITH THE CITY REPRESENTATIVES ANY MECHANICAL, ELECTRICAL, PLUMBING AND FIRE ALARM WORK RELATED TO THIS JOB. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE PROPOSED SMOKE/FIRE DUCT DETECTORS ARE FULLY COMPATIBLE WITH EXISTING BUILDING'S FIRE ALARM SYSTEM. 3.2.7.2 THERE IS AN ACTIVE ENERGY MANAGEMENT SYSTEM IN THE BUILDING. PROPERTY MANAGEMENT MUST BE NOTIFIED PRIOR TO CUTTING, REMOVING OR REPLACING ANY EXISTING CONTROL CIRCUITS. BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 21 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 COMPANY NAME: Bid Proposal Page 1 of 3 Johnson Controls, Inc. BASE BID PROJECT: SCOTT RAKOW YOUTH CENTER AIR HANDLER UNIT REPLACEMENT AT PRESENT LOCATION We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the Air Handler Unit Replacement at the Scott Rakow Youth Center at the present location, in accordance with these specifications. DESCRIPTION QTY. UNIT PRICE TOTAL 1) HVAC EQUIPMENT (SPECIFY TRANE/CARRIER/YORK): AIR HANDLER UNIT 1 EA $22,779 $ 22,779 MAKE/MODEL: Trane / MCCB030 2) LABOR: $ 3392 3) CRANE: $ 863 4) DUCT WORK: $ 1436 5) ELECTRICAL WORK: $ 3448 6) MISCELLANEOUS: $ 3552 GRAND TOTAL: $ 35,470.00 Thirtyfive thousand four hundred seventy dollars Written Amount Delivery of A/C Equipment 63 Calendar Days BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 22 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 COMPANY NAME: Johnson Bid Proposal Page 2 of 3 Controls, Inc. ALTERNATE BID PROJECT: SCOTT RAKOW YOUTH CENTER AIR HANDLER UNIT REPLACEMENT WITH RELOCATION OF SYSTEM TO ROOF We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the Air Handler Unit Replacement and Relocation to the roof at the Scott Rakow Youth Center, in accordance with these specifications. DESCRIPTION QTY. UNIT PRICE TOTAL 1) HVAC EQUIPMENT (SPECIFY TRANE/CARRIER/YORK): AIR HANDLER UNIT MAKE/MODEL: 2) NQ ELECTRICAL WORK: 9) MISCELLANEOUS: ER 1111D GRAND TOTAL: $ n Amount Delivery of A/C Equipment Calendar Days BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 23 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 Bid Proposal Page 3 of 3 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: TITLE: COMPANY NAME: SIGNED: Mark Faucher Branch Service Manager Johnson Controls, Inc. (I certify that I am authorized to execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Amendment No. 1: Amendment No. 3: NAME/TITLE(Print): ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO: Amendment No. 2: Insert Date Amendment No. 4: Insert Date Insert Date Insert Date Mark Faucher / Branch Service Manag r 3300 Corporate Avenue, Suite 100 Weston, FL 954-233-3000 954-385-0407 FEDERAL I.D. NUMBER: 3 9— 0 3 8 0 010 ZIP: 3 3331 BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 24 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 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. Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.24 Execution of Bid General Conditions Section 1.2 Equivalents/Equal Product General Conditions Section 1.10 Special Conditions Section 2.26 Insurance and Indemnification (including Insurance Checklist) General Conditions Section 1.58 Bid Guaranty/Performance Bond General Conditions Section 1.27 Warranty Special Conditions Section 2.16 Product/Catalog Information Special Conditions Section 2.17 References Special Conditions Section 2.18 / Page 26 Bidder Qualifications Special Conditions Section 2.21 Exceptions to Specifications Special Conditions Section 2.23 Contractor's Questionnaire (Page 28) BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 25 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of six (6) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. At least three (3) of these references must be for projects completed, of which each project total cost was twenty-five thousand dollars ($25,000) or higher in construction work. 1) Company Name City of Miami Beach Address 1245 Michigan Avenue, Miami Beach, FL 33139 Contact Person/Contract Amount Brad Judd / $1,995,500 Telephone No. 305-673-7630 Fax No. 305-673-7963 2) Company Name Broward County Government Address 115 S. Andrews Ave. Ft. Lauderdale, FL 33301 Contact Person/Contract Amount Scott Campbell / $958,861 + Telephone No. 954-357-5590 3) Company Name Fax No. 954-357-5544 City of Boca Raton Address 201 W. Palmetto Park Rd, Boca Raton, FL 33432 Contact Person/Contract Amount Mike Fichera / $100,000 + Telephone No. 561-416-3391 Fax No. 561-416-3342 BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 26 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 CUSTOMER REFERENCE LISTING (Contd.) 4) Company Name FDOT Address 1109 Marion St. Lake City FL 32025 Contact Person/Contract Amount Terry Z inn $7,500,000 Telephone No. 386-758-3708 Fax No. 386-758-3771 5) Company Name Brevard Public Schools Address 1254 S. Florida Ave. Rockledge FL 32955 Contact Person/Contract Amount Brian B l e n i s /$3,258,00 Telephone No. 321-633-3602 Fax No. 321-633-3596 6) Company Name Hardee County Schools Address P.O. Box 1678, Wauchula, FL 33873 Contact Person/Contract Amount Rocky Kitchen / $1,20 ( , 0 0 0 Telephone No. 863-735-2055 Fax No. 863-773-0069 BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 27 AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH ITB # 18-04/05 CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the Cityof Miami Beach, Florida: By Johnson Controls, Inc. Principal Office Milwaukee, WI How many years has your organization been in business as a General Contractor under your present business name? 30+ years Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? Yes See attached occupational licenses State of Florida occupational license - state type and number:Mechanical Contract #CMC035453 State of Florida PIAPPCRPS, certificate of competency - state type and number: gB 0017722 City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor 30 + Years (B) As a Sub -Contractor 30 + Years (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner We have provided 6 contracts under the Customer Reference Listing Section of this proposal. Johnson Controls is one of the largest Mechanical Contractors in the U.S. and can provide as many references as similar projects as required. Please contact us if this is required. 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 13ID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 28 If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? Please reference the enclosed annual report for details regarding this area. Give references as to experience, ability, and financial standing Please reference the enclosed annual report for details regarding this area. What equipment do you own that is available for the proposed work and where located? All incl -illation equipment typically utilized fnr a prnjPct of this nature is stocked in our fleet of service vechicles. What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? We do not utilize banks to perform individual contracts. Please reference the enclosed annual report for details regarding Johnson Controls' financial resources. Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. All work will be self—performed. 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 term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. N/A BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 29 CONTRACTOR'S OUESTIONNAIRE (CONTD.) b. Individuals or entities (including our sub -consultants) with a controlling financial interest: have X have not contributed to the campaign either directly or indirectly, 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. I HEREBY CERTIFY that the above answers are true and correct. 7(e‘zz_ BID NO: 18-04/05 CITY OF MIAMI BEACH DATE: 05/11/05 30 (SEAL) (SEAL) J HNSON CONTRLS Johnson Controls, Inc. Controls Group 507 East Michigan Street Post Office Box 423 Milwaukee, WI 53201-0423 Tel. 414/524 4000 DELEGATION OF AUTHORITY The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by a certain resolution adopted by the Board of Directors of the Company on January 23, 1980, hereby authorizes Mark Faucher Service Branch Manager 3300 Corporate Ave., Suite 100 Weston, Florida 33331 to perform, on behalf of the company, the acts described below: To execute and deliver any and all contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business. This authority does not extend to: a. the execution of surety, performance or bid bonds; b. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company; and c. the signing, on behalf of the Company, of any deeds, abstracts, offers of purchase, or any other instruments pertaining to the purchase or sale of real property. This authority shall remain in full force and effect until revoked in writing by the President of the company. Signed and sealed at Milwaukee, Wisconsin, this 2005 . 24th day of March STATE.OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY'LICENSING BOARD 1940 NORTH MONROE STREET ,TALLAHASSEE FL 32399-0783 • WEST LOREN R JR' JOHNSON CONTROLS,_INC 8245 BAYBERRY ROAD - JACKSONVILLE ' FL 32256 • i/ 50 487-1355 $1-ATEOFF1.0(40A30 s .,491 -,.511502.t • 7, 41 DEPi- :40$4g cild.o3643 04cistv91.'62' .C)*TIF CTOR •!.• IS CERTIFIED %mass, us. provisicias ot ch.489 ss. uptvatiak adtt:i kW; 3.1„, 200S LOQ72OU.: • `,.;• DETACH HERE •STATO;(),EfL9RIPk.- • sE6404c4dictosi • . 6R , LtOklulna , • 0044::: CtOti..* 4 tOPe 4 : tinder 1 pXVIB One of -'Chap _ Expiration dates AUG31, 200 _ T g Hid JACKSONVILLE s .V.!' NC . Ab FL 32256 11,:.•••• iibcr. OV 1 'MAI • • ..• • .;• r• ...., vv •, vvvvvv VVLUTAVil VVU t Vl+O } 11Wi STATE OF FLORIDA ti►]uuLIuu1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALI1M ASSEE FL 32399-0763. JOHNSON CONTROLS INC 8245 BAYB :RRY . ROAD JACKSONVILLE FL 3.2256 1, DETACH HERE sYw1rE EPAR PROFE gBO03.7722_ QUALIFIER SO iSOR k..' FLORIDA ACI 09S )v. BIZINESS . MU GyXtEGULATIOR `200487E SATI( • 4,46-ZIiE ltt fes' tiRM WOR] SINSSS kgD". .Q • IFIER . ) �.c the piarisioos ot'ca.4 (NOT A LIC ALLOWS CO XT ELAS A L Is QUM IFIED 131, 2005 frepiraliaa sat": 143062401 IatCENSE tOF - 3US±1 S)i.A.V.D 'PROFESSIONAL REGULATION S�G�#, • •,• � 'r Q 'STl _MO'N4::INDUSTRY L'tCENSING. BOARr' NEM V'B ttr .7 7 2 2 ZArTda ndtr the prow bions, oL Chap pcpirat3:,on dates AUG .311 2 0 0 S' N,IS-• NW •;�►� L:IMNSE, TAT PE ANY rTO rB,IIS_ tNES. , 9. X' 1-..• • eat i. i yr i` ,' • ,8f245 `=T M TZ E erce�POAD 4ACESONVILLE k'L 32256 • GO OWS R. RISPLAY AS REOUIRER BY !6Yki DIANE CARR SECRETARY •VnAiiki.N.547...1,;AA;4•`;,41,g1.1:04i44:4X:414.6. a:" �5:. !U. �w� t.F,!.r rY ''�. .�'!! . •'...... .1.•�� ter! ��! ,_r•INC+ owE TPU TO ALL TO WHOM THESE PRESENTS SHALL, COME—GREETING: JOHNSON SERVICE COMPANY A CORPORATION, duty organized and existing under and by virtue of the laws of the State WISCONSIN desiring to transact business in the State of Florida, has filed in the once of the Secretary of Sta of the State of Florida, a duly authenticated copyof its Articles of. Incorporation, and has pa to the State of Florida a charter tax based upon the amount of capital employed within the Sta of Florida, which is : • Fir xbr.N THOUSAND DOLLARS 415,000.00) Being the amount the corporation affirms has employed or expects to employ within the State Florida, together with the fees of the Secretary of State for issuing this Permit, as provided and in accordance With an Act of the Legislature of the State of Florida, approved June 1st, 190 and as amended by Chapter 13640, Acts of 1929, -and as further amended by Chapter 22653, Ac .of 1945, entitled "ATI ACT" to prescribe the terms and conditions upon which foreign corporatio for profit may transact bovines, or acquire, hold or dispose of property in this State. NOW, THEREFORE, BE IT KNOWN, That said JOHNSON SERVICE COMPANY • Is authorized and permitted to exercise all the powers and privileges as like corporations organiz under the laws of the State of Florida, so long as the amount of capital employed within the Sta of Florida does not exceed the amount said corporation has heretofore paid a tax on; and to acquit hold or dispose of property in the Stitt of Florida, for the objects and purposes, and with t rights, powers and privileges contained in and provided by its said Articles of Incorporation. .61 311 'ir��= itne00 iJfi�: ljereot, I have hereunto set my hand, and affix the Great Seal of the State of Florida, at Tallahassee, the Capit this the SEVENTH day of NOVEMBER , A. D. 19 5' • STATE OF FLORIDAG DEPARTMENT OF STATE 1, DOROTHY W. GLISSON, Secretary of State of the State of Florida, do heceby. certify that I have on this day filed in this office duly authenticated copy of Certificate of Amendment to Certificate of Incorporation of JOHNSON SERVICE COMPANY Number 812,316 changing name of said corporation to JOHNSON CONTROLS, INC. • Said change of name has been perfected under the Laws of the State of WISCONSIN. GIVEN under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the 3RD dayof DECEMBER, A.D., 1974. SECRETARY OF STATE CITY OF MIAMI BEACH PROCUREMENT DIVISION Interoffice Memorandum To: Robert Parcher Date: October 2, 2005 City Clerk From: Gus Lopez, CPPO Procurement Director Subject: CONTRACTS FOR BID NO. 18-04/05 -AIR HANDLING UNIT REPLACEMENT AT THE SCOTT RAKOW YOUTH CENTER FOR THE CITY OF MIAMI BEACH Four (4) copies of the above referenced Contract are attached for the Mayor's and City Clerk'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. Please contact Mr. Roman Martinez at 6371 when contracts have been executed and ready for pick-up. Thank you for your prompt attention to this matter. Gus Lopez, CPPO Procurement Director rm