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HomeMy WebLinkAboutPolice Station Air Handler Units ~ OCJ s-- J.. (p () 7 '3 ~ " POLICE STATION AIR HANDLER UNITS REPLACEMENT QUOTATION #VA-QT02M-006 QUOTATION DUE: APRIL 10TH, 20006 CITY CLERK Brad A. Judd, Property Management Director City of Miami Beach - Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 1 CITY OF MIAMI BEACH m ... . 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\1niamibeachfl.gov Telephone (305) 673-7000 Facsimile (305) 673-7650 INVITATION TO QUOTATION NO: V A-QT02M-006 POLICE STATION AIR HANDLER UNITS REPLACEMENT Description: The Project consists on the removal of three (3) existing air handling units. Contractor shall furnish and install three (3) new air handling units, piping, valves, duct work, controls, electrical, plumbing, crane, engineering drawings and permits necessary to successfully complete the work. Scope ofW ork: The contractor shall replace three (3) air handling units. Contractor shall furnish and install three (3) new air handling units, piping, valves, duct work, controls, equipment, crane, labor, material, electrical and plumbing work, engineering drawings and permits to successfully complete the work. All work shall be completed in accordance with Florida Building Code and all other applicable codes, and in a manner consistent with industry standards. Any waiver of permit fees shall be solely determined by the Building Department. Contractor shall verify tonnage and voltages. Contractor shall verify that new units comply with outside air requirements as outlined by ASHRAE and any other guidelines applicable to the work being performed. The City shalloot supply any current engineering drawings or heat load calculations. Contractor shall furnish at the time of bid submittal a list of the proposed equipment and their corresponding specifications. Contractors submitting quotes should examine the site, plans and all current specifications for the Project (specifications provides as part of this document), and base their quotation on existing field conditions, scope of work, and the proposed renovations. Failure to do so will not be considered justification for additional charges after contract is awarded. Contractors submitting quotes on this Project must include in the quotation price the costs for all necessary labor, materials and equipments necessary for the total completion of the required work, as per plans and specifications provided. The Contractor awarded this contract must be able to pull any/all required permits no later than one (1) week after the contract is executed and approved. The successful Contractor will be required to furnish General and Automobile Liability insurance in the respective amounts of $1,000,000 and include the City of Miami Beach, Florida, as additional insured on the certificate; current Occupational License; and copy of State of Florida Contractor License. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 2 Quotations will be received until 3:00 p.m. on the April 10, 2006, at the following address: City of Miami Beach Property Management Division, 1245 Michigan Avenue, Miami Beach, FI33139. .. Any questions or clarifications concerning this Quotation shall be submitted in writing by mail or facsimile to the Property Management Director, 1245 Michigan Avenue, Miami Beach, FL 33139, or FAX: (305) 673-7650. The Quotation title/number shall be referenced on all correspondence. All questions must be received no later than three (3) calendar days prior to the scheduled Quotation 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 quotation deemed to be in the best interest ofthe City of Miami Beach. The City of Miami Beach may reject any and all quotations. Brad A. Judd, RP A, FMA, CGC Director, Property Management Division QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 3 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 PROPERTY MANAGEMENT DIVISION Telephone: (305) 673-7000 Facsimile: (305) 673-7650 Mr. Francisco Perez FXP Corp. 2897 SW 69 Ct Miami, Fl33155 May 10th, 2006 Re: NOTIFICATION OF CONTRACT AWARD- INVITATION TO QUOTATION (lQ) V A- QT02M-806, AIR HANDLERS UNITS REPLACEMENT PROJECT AT POLICE STATION BUILDING. Dear Mr. Perez: After reviewing all quotations submitted for the above referenced IQ, The City of Miami Beach Property Management is awarding a contract to FXP Corp. in the amount of $93,000.00. Attached are four contract books forwarded to you for completion and submission of the following: 1. Sign where indicated on contract book and have all four copies sealed; and 2. Attach an original Insurance Certificate to the contract book marked "City Clerk". Please return all five copies to this office within 10 calendar days. Should you have any questions, please contact Viviana Alemany at 305.673.7000 X-2968. Thank you, Received by: Brad Judd, RP A, FMA, CGC Director, Property Management Division 04/20/2006 THU 15:21 FAX 954 385 0407 Johnson Controls Inc. ~026/043 poua STATION AIR HANDLER UNITS REPLACEMENT QUOTATION NO: V A-QT02M-006 Proposal Page 2 of2 , ", PROMPT PAYMENT DISCOUNT: (i.e., 2%/10;1 %/20) ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE QUOTE MUST BE SUBMITTED IN DUPUCATE. SUBMITTED BY: John Ritter COMPANY NAME: Johnson Controls 3300 Corporate Ave Suite 100 Weston,Fl SIGNED: ~ ~ ' ~ (iVertiry that I am authorized to execute this QUOTE and commit the qlloflng finn) Contraeton must aelmowled:e receipt of addendum (if applicable). Amendment No.1: 31(}.~Jb l,.." Amendment No. 2:~ 4/1..//0 ~ Insert Date I Insert Date A Me~J. .,...a.,+ ,..,)0. ~ ____4 ~/nCo. . NAMEfflTLE(print): John Ritter r Account Executive ADDRESS: 3300 Co~orate Ave Suite 100 OTY/STATE: Weston , Florida ZIP: 33331 TELEPHONE NO: 954";'233-3000 FACSIMILE NO: 954-385-0407 \ QUOTE NO: V A-QTO%M-006 DATE: 03ml" C1TV OF MIAMI BEACH Z3 .-...,----. -,......_~.....,-----. 04/20/2006 THU 15:21 FAX 954 385 0407 Johnson Controls rnc, ~025/043 POllCE STATION AIR HANDLER UNITS REPLACEMENT QUOTATION NO: V A-QT02M-006 'Proposal Page J 0(2 The Project consists on the removal ofthrcC '(3) CXistiog Sir MDc1ling units. Contractor shall :fumish and install three (3) new air handling units, piping, valves, duct work. contro~, electrical, plumbing, crane, engineering drawings and permits necessary to successfully complete the work Seope ofW ork: The contractor shan replace three (3) air haniUi~ tmits. Contractor shaDfumish and install three (3) new air handling units, piping, valves, duct work, controls, equipment, crane, labor, material, eIectrical and plumbing work, engineering drawings and permits to successfully complete the work. An work shaU be completed in accordance withFlorida Building Code and an other applicable codes, and in a manner consistent with industry standards. BASE OUOTE LUMP SUM ~; 1) HV AC Equipment 2) Labor 3) Crane 4) Duet work 5) Eleetrieal 6) Miseellaneous s 3~,773 ~o s as, () 3CJ .100 $ ~:,q 95 .00 s I ~I C'o4~oO S 1-0/,,-/50( _t!-'o $ ,J a, 4t:t4 .CO. . GRAND TOTAL: Llo 51 '10'3 00 , QUOTE NO: V A-QTOZM-006 DATE: 03/09/06 CITY OF MIAMI BEACH :z:z 04/20/2006 22:04 3052677798 F'XPCORP PAGE 03 -' ,~ POLICE ITA TlON AIR HANDLER VNITS REPLACEMENT ' QVOTATION NO: V A-QT02M-G06 Proposal Page 1 0(1 'PROMPT PAYMENT DIsCOUNT: (Lt., 2%il0;1%hO) '" tJ I A ANY LETTERS, ATTACHMENTS,' OR ADDITIONAL INFORMATION TO BE CONSIDERED PAIlT or TIlE QUOTE MUST BE SUBMI1TED IN DUP1JCATE. SUBMITTED BY: 'ff A'V\U s cO ~ '"L COMPANY NAME: SIGNED: "F X-P c~\S' (I certify tbat J am aatbortzecl to eemmit tlae quotial firm) Contraeton ... aeknowled,e realp. of addeD... (If appUeable). AmendmcntNo.l: -S/f!q((){. ~No.2: -A.f/f!tJ~ : AIls ~r::. ~ 4' +hloy- Insert Date Ii' 5' 4:lupf- NAMEfI'ITLE (Prilat): " ~"t.t$ t:O l' .41'~ ':t. 1'r"",,~,,~J , ADDRESS: ~ 9 7 $<V ~q cr ~FL ZIP: .,<915'6 CITY/STATE: TELEPHONE NO: FACSIMILE NO: ,~oG er,7 Tlf'S 2c5' e.~ 7 "17~e, , Q1JOTE NO: V A-QT82M..... l)AB:t3"'. CITY OF M1AMIJJEACR 23 B4/2B/2006 22:04 3052677798 FXPCORP PAGE 02 .':i,c.y CD'3 1~,"'U -- , f>< '" C-O'Zp POLICE STATION AIR HANDLER UNITS " . ,REPLACEMENT .', ... QUOTATION NO: VA-QTOm..o06 Propoul P.p l'of2 , the Project consists on the'removal of three' (j) exiSting Sir 'bindIiriI units~ 'COntractor shall furnish and install three (3) new air hancIIiDg units, piping, valves, dua work, controls, electrical, plumbiog, crane, engineering drawinp and permits necessary to successfiJUy complete the work Scope oCWerk: The coutract<n shaD replace three (3) air handliDg units. Contractor lhalUbmish and install three (3) new air haNf""a ~ pipina, valves, duct work. controls, equipment, c.rane, Iabot. material, efectticaJ and PIumbinJ wor:k, eogineering drawings aud permits to successfully complete the work. All work shaD be oomp1eted in accordance with Florida Building Code and aD other applicable codes, aud in a manner consistent with industry staadards. BASE QUOTE ~J1MP SUM 1) BV AC Equlp_cn. 2) Labor 3) Cn.c 4) D.c' work S) Eleetrtcal 6) Misce..eoas - I :90\000. . $ :30,000.-. JA, ',0 oe . - .. S .~ooo.- ~ I ,000. - $ ~lOOO.- GRAND TOTAL: s 9!.OO(J~~. UtJ ~...G:)S \" ~ tV UA-T .t)~Br rut J" AA. 6A-cJ ~ QUOTE NO: VA-OTf2M.- DATE: t3IUM CITY OJ'MI4MI..ACB n .../ -"' ZZ 02 us!c ~t; !z~ W-I ::EO WD.. C) - Ih ~lf:l.... o::....gw wz....w D..wq:E: O:E-ctl) a::w>z D..n 0 .....z- :E::50~ (JD..-..J i5!y!C:) m-....m - en 0 ee.... 3....:) ~za :I:) LL.a:: ow ~s (J~ :E: a:: :c i "E CD Cl) en > 1i ii) u c C u .1- " .5 .c ~ i 15 :I c .. ! " :I Ii c C 0 :e .~ "0 c .;;- 8 u 8- .. .5 II) :c ~ - '0 .. c c C 0 fd :Ii! U .5 ,. (0 ~ 1 9 8 (II) C Q 0 Q "It;. (J 0 U) c (0 Q 0 .~ "'" ! .. .. '8 -, t 8 S 0 8 G (J c:t .~ D.. m I )( LL. .. ... z i 0 ~ 'S .... i: (Ii'. (J =>.. C)Q. en ~\~ W .. c II ". c !.. ...... lie ... 5/23/2006 3:23 PM FROM: Fax McCartney Insurance TO: 3052677798 PAGE: 002 OF 002 ACORD_ CERTIFICATE OF LIABILITY INSURANC~~!'i .ni DATE (MMIDOIYV) . OS/23/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MCcartney Insurance Agency,Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6739 Bird Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mlami F.L 33155-3705 INSURERS AFFORDING COVERAGE Phone: 305-666-4444 INSURED INSURER A scottsdale Insurance Company INSURER 6 AmCOMP Pref'erred Ins. CO. I'XP co~orat1on INSURER C Progressive Insurance Co. 2897 S 69th COurt INSURER D KIAKI, I'L 33155 I INSrnER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING Am REQUIREMENT, TERM OR CONDITION OF Am CONTRACT OR OTHER DOCIAIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ l'IPE OF -..w<<:E POlICY NUMBER ~~ LIMITS GENERAL LIAIllLITY EACH OCCURRENCE $1,000,000 - CLS1236704 03/14/06 03/14/07 $ 50 ,000 A ~ COMMERCIAL GENERAl. LIABILITY FIRE DAl'MGE (Anyone fire) - :::J CLAIMS MADE [!] ocern MED EXP (Anyone person) $ 1,000 - PERSONAl & f1.DV INJlRY $1,000,000 GENERAl. AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. CCMP/OP M3G $1,000,000 I POLICY n ~ n LOC AUTOMOIIIlE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 ANY AUTO (Ea accident) - ALL OWNED AUTOS 600IL Y INJJRY - $ Excluded C ~ SCl-EDULED AUTOS 08389214-1 12/16/05 12/16/06 (Per person) ~ HIRED AUTOS 600IL Y INJJRY X NON-OWNED AUTOS (Per aCCIdent) $ Excluded - - PROPERTY DAMAGE $ Excluded (Par accidenl) GARAGE LIAIllLITY AUTO ONlY - EA ACCIDENT $ ExclUded l ANY AUTO OTHER "THI'N EA ACC $ Excluded AUTO ONlY AOO $ Excluded EXCESS LIABLITY EACH OCCURRENCE $ Excluded :=J OCCUR o a.AIMS MADE AOOREGATE $ Excluded $ Excluded l DEDUCTiBlE $ ExclUded RETENTION $ $ Excluded WORKERS COMPENSA11ON AND X TORY LIMITS I IVER B EMPLO'IERS' LIA8IlITY WCV 7036350 08/17/05 08/17/06 EL EACH ACCIDENT $1,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 EL DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRPTlON OF OPERA'l1ONSIL0CA11ONSIVEHIClEIlEXCLU8lONS ADDED BY END0R8EMENTI8PECW. PROVISIONS Ci ty of Miami Beach is named as additional insured with respect to Gelieral Liability. CERTIFICATE HOLDER I Y I AIlDI11ONAlINSURED; INSURER LETTER: CANCELLATION MIABCH1 SHOUlD AN'( OF THE ABOVE DESCRIBED POLlCES BE CANCELLED BEFORE THE EXPlRA110N DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAL -1.L DAYS WRITTEN NOTICE TO THE CER11FICATE HOLDER NAMED TO THE LEFT, Bt1T FAIlUU< TO DO so SHALL Ci ty of Miami Beach IMPOSE NO OBLtGA11ON OR LIABUTY OF AN'( KIND UPON THE INSURER, rrs AGENTS OR 1700 Convention Center Drive REPRESENTATIVES. Miami Beach F.L 33139 A\JTHORlZED REPRESENTATIVE I Don MCCartney ACORD 25-8 (7197) @ACORDCORPORATION1na POLICE STATION AIR HANDLER UNITS REPLACEMENT QUOTATION NO: V A-QT02M-006 1.0 GENERAL CONDITIONS 1.1 SEALED QUOTATION: Original copy of Quotation Form as well as any other pertinent documents must be returned in order for a quotation to be considered for award. All Quotations are subject to all conditions specified in this Quotation Form. The completed Quotation Form must be submitted in a sealed envelope clearly marked to the City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. Facsimile quotations will also be accepted. 1.2 EXECUTION OF QUOTE: Quote must contain a manual signature of an authorized representative in the space provided on the Quote Form. Failure to properly sign the Quotation Form shall invalidate same and it shall NOT be considered. All quotes 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 quote. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original quote CANNOT be changed or altered in any way. Altered quotes will not be considered. 1.3 NO QUOTE SUBMITTED: If not submitting a quote, respond by returning the enclosed Quotation Form questionnaire, and explain the reason. Repeated failure to not quote without sufficient justification may be cause for removal of a Contractor's name from the quote 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 quote, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, ifmade, will be in accordance with terms and conditions stated herein. Each item must be quoted 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 ofquote(s). QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 4 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 23-09-329871-54C. . 1.6 MISTAKES: Contractors submitting quotes are expected, and solely responsible for examining the specifications, delivery schedules, quotation prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Contractor's risk. 1. 7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result ofthis quotation shall be the latest new and current model offered (most current production model at the time of this quote). 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 quotation, all manufactured items and fabricated assemblies shall be Underwriters Laboratories listed or re-examination listing where such has been established by Underwriters Laboratories for the item(s) offered and furnished. 1.9 WAIVER OR REJECTION OF QUOTATIONS: The City reserves the right to waive irregularities or technicalities in quotations or to reject all quotations or any part of any quote it deems necessary in the best interest of the City of Miami Beach. 1.10 EQUIVALENTS: If Contractor offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his quote. 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. Contractors shall formally substantiate and verify that product( s) offered conform with or exceed quality as listed in the specifications. Contractor shall indicate on the Quotation Form the manufacturer's name and number if quoting 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 QUOTE. NO QUOTES WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the quote will be considered as a quote in complete compliance with the specifications as listed on the attached form. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 5 . 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Items delivered, not conforming to specifications may be rejected and returned at Contractor's expense. These items and items not delivered as per delivery date in quote and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the contractor. Any violation of these stipulations may also result in Contractor's name being removed from the City's vendor list. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense. Contractors will be responsible for the removal of all samples furnished within thirty (30) days after quote opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with Contractor's name. Failure of Contractor to either deliver required samples or to clearly identifY samples may be reason for rejection of the quote. Unless otherwise indicated, samples should be delivered to the Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida 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 City, Monday through Friday, excluding holidays. 1.14 AWARDS: When deemed to be in the best interest ofthe City of Miami Beach, the City reserves the right to reject all quotes or any portion of any quote it deems necessary; to accept any item or group of items unless qualified by the Contractor; to acquire additional quantities at prices quoted on the Quotation Form unless additional quantities are not acceptable, in which case the Quotation Form must be noted "QUOTE IS FOR SPECIFIED QUANTITY ONLY" 1.15 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful Contractor until acceptance by the City unless loss or damage resulting from the sole negligence by the City. 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 Contractor and/or the vendor and return product at Contractor's expense. 1.16 PAYMENT: Payment will be made by the City after the items awarded to a Contractor and/or the vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 6 1.17 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 all parties. 1.18 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 Contractor will in no way be a cause for relief from responsibility. 1.19 PATENTS & ROYALTIES: The Contractor, without exception, shall indemnifY and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of: any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Contractor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the quote prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.20 OSHA: The Contractor warrants that the product supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) 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 contractor responsible for same. 1.21 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from the General Conditions shall take precedence. 1.22 ANTI-DISCRIMINATION: Contractor 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. 1.23 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call the Heidi Johnson Wright at the Public Works Department at (305)673-7080. 1.24 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this quote shall be new. The items quoted must be new, the latest model, ofthe best quality, and highest grade workmanship. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 7 1.25 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where Contractor is required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a quotation award, the Contractor 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 Building Code requirements and the South Florida Building Code, all as may be amended. The Contractor shall be liable for any damages or loss to the City occasioned by negligence of the Contractor, its subcontractor, or any other persons the Contractor has designated in the completion of the contract as a result ofhis or her quote. 1.26 PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: After acceptance of quote, the City will require the successful Contractor to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 1.27 DEFAULT: Failure or refusal of a Contractor to execute a contract upon award, or withdrawal of a quote before such award is made, may result in forfeiture of that portion of any surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as descnOed above may be grounds for removing the Contractor from the City's vendor list. 1.28 CANCELLATION: In the event any of the provisions of this quote are violated by the Contractor, the Property Management Director shall give written notice to the Contractor stating the deficiencies, and unless such deficiencies are corrected within ten (10) days, recommendation will be made for immediate cancellation. The City reserves the right to terminate any contract resulting from this quotation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.29 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach Property Management Division, 1245 Michigan Avenue, Miami Beach, Florida 33139. 1.30 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. 1.31 SUBSTITUTIONS: The City WILL NOT accept substitute shipments of any kind. Contractors are expected to furnish the brand quoted in their quote once awarded. Any substitute shipments will be returned at the Contractor's expense. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 8 1.32 FACILITIES: The City reserves the right to inspect the Contractor's facilities at any time with reasonable prior notice. 1.33 QUOTE TABULATIONS: Contractor's desiring a copy of the quote tabulation, may request same by enclosing a self- addressed stamped envelope with the quote. 1.34 CLARIFICATION AND ADDENDA TO QUOTE SPECIFICATIONS: Any Contractor contemplating submitting a quote who is in doubt as to the true meaning of the specifications or other quote documents, or any part thereo~ must submit to the City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida, or fax (305)673-7650, at least three (3) calendar days prior to scheduled quote opening, a written request for clarification and/or interpretation. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery and/or fax transmission. Any clarification and/or interpretation of the quote, if made, will be made only by written Addendum duly issued by the City oCMiami Beach Property Management 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 quotes is required. A copy of such Addendum shall be sent by mail or facsimile to each Contractor receiving the quote. In the event of conflict with the original quote, Addendum shall govern to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The Contractor shall be required to acknowledge receipt of Formal Addendum by signing in the space provided on the Quote Proposal Form. Failure to acknowledge Addendum may deem a quote non-responsive; provided, however, that the City may waive this requirement when in its best interest. The City will not be responsible for any clarifications or interpretations made verbally. 1.35 DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Contractor's facility may be made prior to the award of contract. Quotes will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this invitation for quote. Contractors 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 Contractor, including past performance (experience) with the QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 9 City in making the quote award in the best interest ofthe City. 3) The Property Management Director may require Contractors 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 Contractor's quote may render the quote non-responsive. 4) The City may, review the successful contractor's record of performance to ensure that the Contractor is continuing to provide sufficient financial support, equipment and organization as prescribed in this Quotation Form. Irrespective of the Contractor'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 Contractor no longer possesses the financial support, equipment and organization which would have been necessary during the quote evaluation period in order to comply with this demonstration of competency section. 1.36 DETERMINATION OF AWARD: The City shall award the contract to the lowest and best Contractor. In determining the lowest and best Contractor, in addition to price, there shall be considered the following: a The ability, capacity and skill of the contractor to perform the contract. b. Whether the Contractor can perform the contract within the time specified, without delay. c. The character, integrity, reputation, judgment, experience and efficiency of the Contractor. d. The quality of performance of previous contracts. e. The previous and existing compliance by the Contractor with laws and ordinances relating to the contract. 1.37 ASSIGNMENT: The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the 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 the prior written consent of the City. 1.38 LAWS, PERMITS AND REGULATIONS: The Contractor 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. 1.39 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this quote solicitation from the Contractor. However, items that are to be Spot Market Purchased, may be purchased by other methods, (i.e. Federal, State or local contracts). QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 10 1.40 ELIMINATION FROM CONSIDERATION: This quote 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. 1.41 ESTIMATED QUANTITIES: Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award ofthis quote. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City, for purposes of determining the successful Contractor meeting specifications, may use said estimates in reaching a decision. 1.42 COLLUSION: Quotes from related parties: Where two (2) or more related parties each submit a quote or proposal for any contract, such bids or quotes 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 in this case, respondent's to this quote, 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 bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Quotes found to be collusive shall be rejected. Bidders or proposers who have been found to have engaged in collusion shall be considered non-responsive, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.43 DISPUTES: In the event of a conflict between the documents, the order of priority of the documents shall be as follows: . The contract resulting from the award of this quote (if applicable); then . Addenda released for this quotation, with the latest Addendum taking precedence; then . The Quotation Form; then . Contractor's Quote. 1.44 REASONABLE ACCOMMODATION: In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the quote opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 11 1.45 GRATUITIES: Contractors shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose ofintluencing consideration of this quotation. 1.46 SIGNED QUOTE CONSIDERED AN OFFER: The signed quote shall be considered an offer on the part ofthe Contractor, which offer shall be deemed accepted upon approval by the City, In case of defauh on the part of the successful Contractor, after such acceptance, the City may procure the items or services from other sources and hold the Contractor responsible for any excess cost occasioned or incurred thereby. 1.47 TIE QUOTES: In accordance with Section 287.087, Florida Statutes, regarding identical tie quotes, preference will be given to Contractors certifYing that they have implemented a drug free work place program. A certification form will be required at that time. 1.48 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, Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 12 POLICE STATION AIR HANDLER UNITS REPLACEMENT QUOTATION NO: V A-QT02M-006 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this quote is to award a contract, by means of sealed quotes, to a qualified Contractor, for the Police Station Air Handler Units replacement, as specified in the Quotation Form. 2.2 METHOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible and best Contractor whose quote will be in the best interest of the City of Miami Beach. 2.3 PAYMENT: Payment will be made upon final completion of this Project. The City will pay the contract price minus any liquidated damages and/or other damages to the Contractor upon final completion and acceptance. 2.4 (Intentionally Omitted] 2.5 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular Project. It shall specifically and distinctly assume, and does so assume, all risks of damage or ~ury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Contractor is acting as an independent contractor. The Contractor, at all times during the full duration of work under this contract, including extra work in connection with this Project, shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for insurance limits) to protect the Contractor and the interests ofthe City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property QUOTE NO: V A-QT02M-006 CITY OF MIAMI BEACH DATE: 03/09/06 13 .. damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non- owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverage required by the City's Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach, Florida, as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies must agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement( s) naming the City of Miami Beach, Florida, as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City's 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's Risk Manager before work is started. The certificate must state Quote Number and Title. Upon expiration ofthe required insurance, the Contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the Contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual inderrmity and hold harmless agreement: The preceding indemnity and hold harmless agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence ofthe City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 14 .. "The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of$I,OOO,OOO.OO for each occurrence and for all damages to the property of others in and up to the amount of$I,OOO,OOO.OO 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 Contractor will notifY its insurance carrier without delay of the existence ofthe indemnity and hold harmless agreement contained within this contract, and furnish a copy of the said agreement to its 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 preceding indemnity and hold harmless agreement from any and all claims arising out of the contract. The Contractor will also be responsible for securing and maintaining policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the Contractor and its subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Contractor and its subcontractors oftheir 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 its subcontractor, and of persons employed by them, as it is for acts and omissions of persons directly employed by it. Insurance coverage required in these specifications shall be in force throughout the Contract term. Should any Contractor fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached, this justifYing the termination thereof. If Contractor can not or does not meet the insurance requirements of the specifications; alternate insurance coverage, at the sole discretion of the City and satisfactory to the City's Risk Manager, may be considered. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 15 .. INSURANCE CHECK LIST xxx 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida xxx 2. Comprehensive General Liability (occurrence form), limits of liability $ 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 (Indemnity and hold harmless endorsement exactly as written in "insurance requirements" of specifications). xxx 3. Automobile Liability - $1,000,000 each occurrence - ownedlnon-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. xxx 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 xxx 7. Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+:VI or better, latest edition. xxx 9. The certificate must state the quote number and title CONTRACTOR INSURANCE STATEMENT: We understand the Insur ce Requirements ofthese specifications and that evidence ofthis insurance shall be inq uded in e uotation package. \{~Sr D V ,?E\C7. \1eSO€Al- Print Name! Title Q 0: V A-QT02M-006 D E: /09/06 CITY OF MIAMI BEACH 16 2.6 CONTACT PERSON: For any additional information regarding the specifications and requirements of this Project, contact Brad A. Judd, Property Management Director, at (305) 673-7000. 2.7 SAMPLES: The Contractor shall provide upon request, a complete and accurate sample of the product( s) which it proposes to furnish. 2.8 BID, PERFORMANCE AND PAYMENT BOND: Not required on this Project. 2.9 LIQUIDATED DAMAGES: The Contractor agrees to pay the City liquidated damages in the amount of$200 per calendar day beyond the ninety (90) day substantial completion date. 2.10 WARRANTY: The successful Contractor will be required to warranty all work performed. 2.11 REFERENCES (PROVIDE 4 REFERENCES, PLEASE SEE PAGE 25) 2.12 COMPLETE PROJECT REQUIRED: The Quotation Form, and the specifications described herein, outline the various items or classes of work required, enumerating or defining the extent of same necessary, but the City' s 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. 2.13 FACILITY LOCA nON: The Police Station, is located at 1130 Washington Avenue, Miami Beach, F133139 2.14 CONTRACTOR QUALIFICATIONS: In order for quotes to be considered, Contractors must submit with their quote evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certifY that the Contractor: maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment required for work on the Project; 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 provided scope of work to similar size projects as the Project outlined herein. The evidence will consist of listing of work that has been provided to public and private sector clients, (ie. nature of work and number of similar projects completed within the last three (3) years). QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 17 . 2.15 COMPLETE INFORMATION REQUIRED ON QUOTATION FORM: All quotes must be submitted on the form(s) attached in the Quotation Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COpy of the Quotation Form and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the section 1.1 of General Conditions. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 18 Section 3 MEASUREMENT AND PAYMENT 3.1 Measurement of Quantities - All work completed under this contract shall be measured by the Property Management Director, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement. No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Property Management Director. 3.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the work contemplated and embraced in this Quotation Form and the specifications herein, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion ofthe work in accordance with this Quotation Form, the specifications, and contract. 3.3 Payment and Compensation for Altered Quantities -When alterations in plans or quantities of work not requiring supplemental agreements as herein before provided for are ordered and performed, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving supplemental agreements shall be paid for as stipulated in such agreement. 3.4 Force Account Work - All extra work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Property Management Director, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to fifteen (15) percent of the sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security taxes, unemployment insurance, and Workmen's Compensation insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 19 (c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance ofthe work, the Property Management Director shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment in full for extra work done on a force account basis. The Contractor's representative and the Project Manager shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Project Manager and signed by both the Project Manager and the Contractor's representative, one copy being forwarded, respectively, to the Property Management Director or authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the :freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Property Management Director on the current estimate of the month in which work was actually done. 3.5 Omitted Items - The City shall have the right to cancel the portions of the contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Property Management Director. 3.6 Partial Payments - Ifthe work progresses according to contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Property Management Director, provided the materials, in the judgment of the Property Management Director, are such as will probably be incorporated in the work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the work. Contractor shall provide PARTIAL RELEASE OF LIENS with each application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed work, the estimate and payment for such defective or questioned work: shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the QUOTE NO: V A-QT02M-006 CITY OF MIAMI BEACH DATE: 03/09/06 20 . final estimate and payment. Ifthe total amount of the retained percentage of the contract is greatly in excess of the uncompleted portion of the contract the City upon consultation with the Property Management Director, may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the contract and liquidate unsatisfied claims. 3.7 Acceptance and Final Payment - Whenever the work provided for under this contract shall have been completely performed on the part of the Contractor, and all parts of the work have been approved by the Property Management Director, according to the contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, after final inspection as provided herein, shall certifY such fact to the Property Management Director in writing, recommending the acceptance of the work. The amount of the final payment, less any sums that may have been deducted or retained under the provisions of this contract, will be paid to the Contractor within thirty (30) days after the final payment has been approved by the City upon consultation with the Property Management Director, provided that the Contractor has furnished to the City a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this contract. No final payment shall be made without the submittal ofthe following documents: the FINAL RELEASE OF LIEN, LETTER OF FINAL COMPLETION (or LETTER OF FINAL ACCEPTANCE) from the Contractor. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 21 POLICE STATION AIR HANDLER UNITS REPLACEMENT QUOTATION NO: V A-QT02M-006 Proposal Page 1 of 2 The Project consists on the removal of three (3) existing air handling units. Contractor shall furnish and install three (3) new air handling units, piping, valves, duct work, controls, electrical, plumbing, crane, engineering drawings and permits necessary to successfully complete the work Scope ofW ork: The contractor shall replace three (3) air handling units. Contractor shall furnish and install three (3) new air handling units, piping, valves, duct work, controls, equipment, crane, labor, material, electrical and plumbing work, engineering drawings and permits to successfully complete the work. All work shall be completed in accordance with Florida Building Code and all other applicable codes, and in a manner consistent with industry standards. BASE OUOTE LUMP SUM 1) HVAC Equipment 2) Labor 3) Crane 4) Duct work 5) Electrical 6) MisceUaneous $ 30.000.00 $ 30.000.00 $ 1.0000.00 $ 10.000.00 . $ 18.000.00 . $ 4.000.00 GRAND TOTAL: $ 93.000.00 QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 22 POLICE STATION AIR HANDLER UNITS REPLACEMENT QUOTATION NO: V A-QT02M-006 Proposal Page 2 of 2 PROMPT PAYMENT DISCOUNT: (i.e., 2%/10;1 %/20) ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE QUOTE MUST BE SUBMITTED IN DUPLICATE. Contractors must acknowledge receipt 0 SUBMITTED BY: COMPANY NAME: SIGNED: Amendment No.1: Insert Date Amendment No.2: Insert Date NAMEITITLE (print): ~m~ X" ~(Fz, ~C~dd ~I fu)C6\COx+ l\t"dv-n'\ TELEPHONE NO: '?:iJS--aio'1- IILt'y FACSIMILE NO: -L.Jf0 -8(0\ -Ilq~ ADDRESS: CITY/STATE: ZIP: 3~\ if-:> QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 23 POLICE STATION AIR HANDLER UNITS REPLACEMENT QUOTATION NO: V A-QT02M-006 CHECK LIST To ensure that your quotation is submitted in conformance with the Contract, please verify that the fill ., ha be 1 d db' d . d o oWIng Items ve en complete an su IIDtte as reqUITe . X Original and one copy of bid (including aU submittal information) General Conditions Section 1.1 Special Conditions Section 2.15 X Execution of Quote General Conditions Section 1.2 EquivalentslEqual Product General Condition Section 1.10 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.27 Special Conditions Section 2.5 Bid/Performance Bond General Condition Section 1.27 Special Conditions Section 2.11 X Warranty Special Conditions Section 2.13 Product/Catalog Information X References Special Conditions Page 24 X Bidder Qualifications Special Conditions Section 2.17 X Contractor's Questionnaire (Page 25) QUOTE NO: V A-QT02M-006 DATE: 03109/06 CITY OF MIAMI BEACH 24 POLICE STATION AIR HANDLER UNITS REPLACEMENT QUOTATION NO: V A-QT02M-006 CUSTOMER REFERENCE LISTING Contractor shall furnish the names, addresses, and telephone numbers of a minimum of four (4) finns or government organizations for which the Contractor is currently furnishing or has furnished similar services. 1) Company Name C\ti d;' I:\Q \ \ L-\ \ n:x:d Address 8-lc()j \-'\n\tl At 1 "O:d~\\1!) , \ Contact Person/Contract Amountl..e; '\e,t1-t Telephone Number ~SLt -C\'d \-- ?P\ Db 2) Company Name \=\00dn lJ\tILlJv);\le(.sd~-l_ Address \ \(D() 0-1.1 ~ s...-t-- . Contact Person/Contract Amount ( Vi \ 1 tam ~r Telephone Number -::o=s -~<6- Lttrl:j 3) CompanyName (\t~I~~; ?:PAc..V> Address \ \ CD r CX\\f ('\"h(\(\ (tnA-fr \)L . Contact Person/Contract Amount Kc\ (JV\ ~nb Telephone Number l~ ~ } -IS\~ 4) Company Name .:::rA L..-KW trql(\eer't~C:;rt'LP Address ~ \0 f\LoC1i (t\/e . Contact Person/Contract Amount '\i(:)\~D ~(\ctJez Telephone Number ~)~L-\-Olo<OD QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 25 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 quote. Submitted to City of Miami Beach,.Jlorida: Q . By ~'(-onC/\~ )< .\~e<e (, I \ . E.. ~ Principal Office d..~ C\I ~\}J Loq c-+ ' How many years has your organization been in business as a General Contractor under your present business name? 10 Does your organization have current occupationallicense~entitling it to do the work contemp~ted in . .' this contract? \J e~<; \\- L.\L\ \~~~- i.. \... \C10 -~. erer. cL Mec}'efll c AL- ~~.' , \!- loO\<O~'3~\ -D~lo-(?ef)ercL, 'Ev\L6\~ CQf\~D0 State of Florida occupational license - state type and number: C \---\c...cs \ 0-' '6 Dade County certificate of competency - state type and number: Ch G1S)("7){ ~ City of Miami Beach occupational license - state type and number: N I A 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 As a Sub-Contractor \ Dll rs \ What contracts has your organization completed? (use separate sheets ifnecessary) (B) C'-~.'" (C) -', --" //) Contract Arm Class of Work When Completed Name/Address of Owner 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? N tJ 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? 1J I A QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 26 If so, state name of individual, name of owner, and reason thereof j\} IA I 4 In what other lines of business are you financially interested or engaged? ^/ 0 f1~, ~ Give references as to experience, ability, and financial standing What equipment do you own that is available for the proposed work and where located? ~ What bank or banks have};.,9\l arrang~d to do business with during the c<?urse of~he ~ontract should it be awarded to you? fClr"..5t- NA-ho/l?..J-- ~"t-oB S-z:?th 'f\-CJILdA Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. 'I I HEREBY CE the above answers are true and correct. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 27 CONTRACT FOR QUOTATION NO. V A-QT02M-006 THIS CONTRACT made this /05 day of W/J{J 20~ A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and FXP Corp. herein after 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 Project to be done by said Contractor PURSUANT TO City Quotation NO. V A-QT02M-006 and designated ''POLICE STATION, AIR HANDLER UNITS REPLACEMENT" (also referred to as "the work" or "the Project") 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 prior written consent of the City. 2. City of Miami Beach Quotation NO. V A-QT02M-006 and Contractor's Quote in response there to, 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. The priority of documents shall be as set forth in Section 1.45 of the Quotation Form. 3. The Contractor shall commence work within seven (7) days of the issuance ofa Notice to Proceed from the City and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 Unless there is a change in the scheduling of the Project approved by the Property Management Director, the Contractor shall be substantially completed with the work within ninety (90) calendar days from the issuance of the Notice to Proceed, and completed and ready for final payment within hundred and twenty(120) calendar days after the issuance of said Notice. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 28 3.2 4 ., 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. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by City 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 City as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars ($200.00) for each calendar day that expires after the Contract Time specified in Paragraph 3.1 for Substantial Completion until the work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time, Contractor shall pay Owner Two Hundred DoUars ($200.00) 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 City's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. 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 work 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, through its Property Management Director. 6. If the Contractor shall complete the work 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 contract nor shall it operate to alter any other term of this contract. 7. Prior to commencing any work on the Project 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's Risk Manager. 8. All documents shall be executed satisfactorily to the City and until required Bonds and Insurance Certificates have been filed and approved, this contract shall not be deemed effective. City shall pay Contractor for performance of the work in accordance with the Quotation Form in current funds at the lump sum or unit prices presented in the Quotation Form and Contractor's response there to, as attached to this contract. The parties expressly agree that the contract price is a stipulated sum except with regard to the items in the Quote which are subject to unit prices. QUOTE NO: V A-QT02M-006 DATE: 03/09/06 9. CITY OF MIAMI BEACH 29 Contract Price: $ 93.000.00 Ie 10. This contract, and all attachments hereto, comprises the entire agreement between City and Contractor, to this Agreement. The contract may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the City has caused this contract 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. ayor David Dermer ATTEST: () ,~ rwk- City Clerk Robert l)archet: ATTU. T: a o~ Signature g ~ ~Qv1u5=t~G\ V>ceiso'~ Print Name/Title of President or Representative By Co--rre{l~-k Yt (; dto Ce ~qr , Print Name/Tille QUOTE NO: V A-QT02M-006 DATE: 03/09/06 CITY OF MIAMI BEACH 30 APPROVED AS TO FORM & LANGUAGE FO cUnON ~ mey~ Date } .. '" MIAMI-DADE COUNTY TAX COLLECTOR 140W. FLAGLER ST. 14th FLOOR MIAMI, FL 33130 2005 OCCUPATIONAL LICENSE TAX 2006 MIAMI-DADE COUNTY - STATE OF FLORIDA EXPIRES SEPT. 30, 2006 MUST BE DISPLAYED AT PLACE OF BUSINESS PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 577027-7 THIS IS NOT A BILL-DO NOT PAY NEW BUSINESS NAME I LOCATION LICENSE NO. 601693 - 5 F X P CORP STATE' C6C1510862 2897 SW 69 CT 33155 UNIN DADE COUNTY OWNER F X P CORP Sec. T)'f)e of Business 196 GENERAL BUILDING CONTRACTOR THIS IS AN OCCUPATIONAL TAX ONLY. IT DOES NOT PERMIT THE LICENSEE TO VIOLATE ANV EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE LICENSEE FROM ANY OTHER LICENSE OR PERMIT REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE LICENSEE'S QUALIFICA- TION. WORKER/S 10 DO NOT FORWARD PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: 04/1912006 02230003001 o O~ t!;1,j=:.O 0 SEE OTHER SIDE F X P CORP FRANCISCO X PEREZ PRES 2897 SW 69 CT MIAMI FL 33155 III ii llIlilll ,ii, i I i I Ii III IIi, ii Iii, 11111I1! III i i 11111 illl"li MIAMI-DADE COUNTY TAX COLLECTOR 140W. FLAGLER ST. 14th FLOOR MIAMI, FL 33130 2005 OCCUPATIONAL LICENSE TAX 2006 MIAMI-DADE COUNTY - STATE OF FLORIDA EXPIRES SEPT. 30, 2006 MUST BE DISPLAYED AT PLACE OF BUSINESS PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 423132-0 BUSINESS NAME I LOCATION FXP CORP 2897 SW 69 CT 33155 UNIN DADE COUNTY THIS IS NOT A Bill-DO NOT PAY RENEWAL LICENSE NO. 441847-1 STATE' CMC057078 OWNER FXP CORP Sec. TYpe of Business 196 GENERAL MECHANICAL CONTRACTOR WORKER/S 10 THIS IS AN OCCUPATIONAL TAX ONLY. IT DOES NOT PERMIT THE LICENSEE TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE LICENSE!! FROM ANY OTHER LICENSE OR PERMIT REQUIRED BY LAW. THIS IS NOT A CERTlFICAnON OF THE LICENSEE'S QUALIFICA- TION. DO NOT FORWARD FXP CORP FRANCISCO PEREZ PRES 2897 SW 69 CT MIAMI FL 33155 PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: 09/06/2005 00200000031 OOO@'b\,~O i Ii 1\ III i j I I Ii I l'j II i I Ii 'j 1l111!:d !ll! l!lil!!ldndiliiil!lilJllli llllil III II::l: SEE OTHER SIDE 5T ATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 PEREZ, FRANCISCO XAVIER F X P CORP 2897 SW 69TH CT MIAMI FL 33155-2828 STATE OF FLORIDA AC# 2497108 DEPARTMENT OF BUSINESS AND ~ PROFESSIONAL REGULATION CGC1510862 03/20/06 050558442 CERTIFIED GENERAL CONTRACTOR PEREZ, FRANCISCO XAVIER F X P CORP IS CERTIFIED under the provisions of ch.489 FS. Expiration date, AUG 31, 2006 L06032000083 DETACH HERE Ac#2 4 971 0 8 ST~TEQFFL~BIDA DE'PAR'tMEm' 0' BU$INES$ A.lIfP PROFESSIONAL REGULATION C9NSTRUqT;:IO\f!~'~1'S'1'RYl.JICENSING BOARD SEQ#r.06032000083 I 03 20 2006 050558442CGC1510'S62 The GENERAL cONTMcroR." Named below IS CERTIFIED Under the provisions of Chapter 489FS. Expiration date: AUG 31" 20Q6 I..''''.:: PEREZ, FRANCISCO XAV:IER F X P CORP 2897 SW 69TH CT MIAMI FL 331:55-2 JEB BUSH GOVERNOR SIMONE MARSTILLER SECRETARY DISPLAY AS REQUIRED BY LAW