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ITB 39-06/07 MB Convention Center Migration ProjectINVITATION TO BID MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER ITB # 39-06/07 BID OPENING: October 24, 2007 Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F:\PURC\$ALL\John\bids\07\ITB-39-06-07DRAFT.doc BID NO: 39-06/07 DATE: 09/24/07 MIAMIBEACH CITY CLERK TABLE OF CONTENTS NOTICE FOR BIDS 6 MINIUMUM REQUIREMENT COMPLIANCE 7 NO BID NOTIFICATION FORM 9 00100. GENERAL INSTRUCTIONS TO BIDDERS 10 00200. DEFINITIONS 11 00300. INSTRUCTIONS TO BIDDERS 15 1. Examination of Contract Documents and Site 15 2. Pre -Bid Interpretations 15 3. Submitting Bids 16 4. Printed Form of Bid 16 5. Bid Guaranty 16 6. Acceptance or Rejection of Bids 17 7. Determination of Award 17 8. Evaluation 17 9. Contract Price 17 10. Postponement of Date for Presenting and Opening of Bids 17 11. Qualifications of Bidders 18 12. Addenda and Modifications 18 13. Prevailing Wage Rates 18 14. Occupational Health and Safety 18 15. Environmental Regulations 19 16. "Or Equal" Clause 19 17. Protested Solicitation and Award 20 18. Financial Stability and Strength 20 19. Equal Benefits Ordinance and Required Forms to be Submitted 20 00305 (A) TECHNICAL REVIEW PANEL EVALUATION PROCESS 30 00305 (B) CITY COMMISSION AUTHORITY 33 00310 BID SUBMISSION REQUIREMENTS 35 00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS 39 00400. BID/TENDER FORM 52 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES 55 00407. SCHEDULE OF PRICES BID 56 - BID FORM 57 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 2 TABLE OF CONTENTS (Continued) 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT 60 00500. SUPPLEMENT TO BID/TENDER FORM QUESTIONNAIRE 62 00520. SUPPLEMENT TO BID/TENDER FORM NON -COLLUSION CERTIFICATE 70 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION 71 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT 73 00550. RECYCLED CONTENT INFORMATION 75 00600. CONTRACT 76 00708. FORM CERTIFICATE OF INSURANCE 86 00710. FORM OF PERFORMANCE BOND 87 00720. FORM OF PAYMENT BOND 90 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL 93 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT 94 00800. GENERAL CONDITIONS 96 1. Project Manual 96 2. Intention of City 96 3. Preliminary Matters 97 4. Performance Bond and Payment Bond 98 5. Qualification of Surety 99 6. Indemnification 101 7. Insurance Requirements 101 8. Labor and Materials 104 9. Royalties and Patents 105 10. Weather 105 11. Permits, Licenses and Impact Fees 105 12. Resolution of Disputes 106 13. Inspection of Work 107 14. Superintendence and Supervision 107 15. City's Right to Terminate Contract 109 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 3 TABLE OF CONTENTS (Continued) 16. Contractor's Right to Stop Work or Terminate Contract 110 17. Assignment 110 18. Rights of Various Interests 111 19. Differing Site Conditions 111 20. Plans and Working Drawings 112 21. Contractor to Check Plans, Specifications, and Data 112 22. Contractor's Responsibility for Damages and Accidents 112 23. Warranty 112 24. Supplementary Drawings 113 25. Defective Work 113 26. Taxes 114 27. Subcontracts 114 28. Separate Contracts 114 29. Use of Completed Portions 115 30. Lands for Work 116 31. Legal Restrictions and Traffic Provisions 116 32. Location and Damage to Existing Facilities, Equipment or Utilities 117 33. Value Engineering 118 34. Continuing the Work 118 35. Changes in the Work or Terms of Contract Documents 118 36. Field Orders and Supplemental Instructions 119 37. Change Orders 119 38. Value of Change Order Work 120 39. Notification and Claim for Change of Contract Time or Contract Price 125 40. No Damages for Delay 125 41. Excusable Delay; Compensable; Non -Compensable 126 42. Substantial Completion 127 43. No Interest 127 44. Shop Drawings 128 45. Assignment 129 46. Safety and Protection 130 47. Final Bill of Materials 131 48. Payment by City for Tests 131 49. Project Sign 131 50. Hurricane Precautions 131 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 4 TABLE OF CONTENTS (Continued) 51. Cleaning Up; City's Right to Clean Up 132 52. Removal of Equipment 132 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 132 54. Project Records 133 00900. SUPPLEMENTARY EXHIBITS/SPECIFICATIONS 134 00920. ADDITIONAL ARTICLES 135 1. Prevailing Wage Rate Ordinance 135 2. Federal Grant Projects 135 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) 136 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) 137 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION 138 00926. FINAL CERTIFICATE OF PAYMENT 140 00930. FORM OF FINAL RECEIPT 141 00950. PLANS AND SPECIFICATIONS 143 01000. ADDENDA AND MODIFICATIONS 144 02000. TECHNICAL SPECIFICATIONS XXX 04000. ACKNOWLEDGEMENT OF ADDENDA 145 06000. SUB -CONTRACTOR LISTING INFORMATION 146 07000. ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD, LOBBYIST FEE DISCLOSURE XXX BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 5 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 786-394-4001 INVITATION TO BID (ITB) NO. 39-06/07 ADDENDUM NO. 1 October 18, 2007 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. CHANGE: The deadline for receipt of questions to October 22, 2007, and the deadline for receipt of Bid submittals, and Performance Evaluation Surveys to 3:00 p.m. on October 29, 2007. II. ADD: An updated Miami Beach Convention Center Schedule of Events will be provided to the successful bidder upon issuance of the first Notice to Proceed. III. CLARIFY: The Scope of Work will consist of the replacement and integration of six (6) existing variable speed drives and the installation and integration of twenty-two (22) new variable speed drives. IV. CLARIFY: The City will test the system a minimum of ninety (90) calendar days prior to acceptance at Final Completion of the Project. V. REVISE: The successful bidder shall provide warranties on all products/equipment provided for this Project, a minimum of one (1) year, and guarantee all labor/work, a minimum of one (1) year upon acceptance at Final Completion of the Project. VI. REVISE: Upon expiration of the one (1) year Warranty/Guarantee, the Technical Service Program (TSP) will become effective. VII. ADD: The Excel Reference List document is included in this addendum. (Attached) VIII. ADD: This project is subject to the required/applicable Prevailing Wage Rate/Schedule. (Attached) IX. CLARIFY: Contractors that have Performance Evaluation Surveys (Surveys) submitted by their clients for previous City of Miami Beach projects are not required to have same clients re -submit Surveys for this Bid/Project. Contractors that intend to submit their Bld for this project should contact John Ellis @ iohnellismiamibeachfl.aov to confirm which clients and City of Miami Beach projects of which Surveys have previously been received by the Procurement Division. We ore committed to providing excellent public service and safety to all who live, work, and ploy rn our vibrant, tropical, historic community X. QUESTIONS AND ANSWERS: 01: Per paragraph 16 on page 19 of the bid documentation "Or Equal Clause", we are planning on using the Johnson Controls Facility Explorer product line for this project. Per the Scope of Work it indicates the Siemens Apogee Go system as the acceptable product. The Johnson Controls Facility Explorer has the same Internet web based supervisory controller with LON and Bacnet communications protocol as does the Siemens Apogee Go product line. My question is can the Johnson Controls Facility Explorer product be an acceptable alternate to the Siemens Apogee product line? Al: Yes, as long as the Johnson Controls Facility Explorer product provides the City with a "turnkey" system and can communicate at all times with the existing system at the Fillmore. Q2: I need clarification as to what buildings are to be covered by the Service Agreement as listed on page 59. The bid document only specifies the Miami Beach Convention Center and no others. Will there be additional buildings and if so what are the buildings and can they be inspected prior to the bid submittal deadline? A2: The Service Agreement otherwise referred to as the Technical Service Program (TSP) in the bid documents, will only apply to the Miami Beach Convention Center (MBCC). Q3: Per our Pre -Bid Meeting, the Jackie Gleason Theatre (now referred to as the Fillmore) will need to be interfaced with the new Building Management System. Can this system remain as a separate entity until such time the Building Management System is upgraded leaving the system functional for the building? A3: The system/upgrade for the Miami Beach Convention Center shall be able to communicate with the existing system at the Fillmore all times. The current system at the Fillmore is not scheduled for upgrade anytime in the near future. Q4: Per Bid documents page 160, paragraph 2, to provide labor and material for network connections for future expansions for the Byron Carlyle, Plymouth, Ansonia and the Colony. Are there currently systems in these buildings with the exception of the Colony? If so, what systems are currently installed by manufacturer and model? Are these sites available for inspection? A4: The Colony has the Johnson Controls system, and the New World Symphony has the Siemens system. The specific model numbers for these two systems are not known/available at this time. Prospective bidders that wish to inspect the above listed facilities shall meet on the north side of the MBCC at 10:00 a.m. on October 22, 2007. Q5: If awarded the project, will there be available space to store materials securely on site? A5: Yes. The City will accommodate a location for storage, however the City shall not be held liable for damaged and/or missing materials. Q6: Is it possible to schedule a second Site Visit prior to bid submittal deadline? If so, when can it be scheduled? A6: Yes. Please see response to A4. We are committed to providing excellent public service and safety to oll who live, work, and play in our vibrant, tropical, historic community. Q7: Per bid documents Pg. 158, Paragraph 13, and Pg. 159, Paragraph 2, installation of the drives need clarification on how the drives are to be installed. Will we be allowed to construct unistrut frames, to support the drives that are attached to the floor grating and other structural members using beam clamps and nuts and bolts? A7: Yes. Q8: Provisions for parking, Will there be a designated space to allow for parking of vehicles? Will there be costs involved? A8: The City will provide designated parking spaces at no cost for designated vehicles for a reasonable amount of time. This will be discussed and determined during the Pre -Construction Meeting, when the first Notice to Proceed is issued to the successful contractor. Q9: Clarification of waiver of the permit fee. Does this also apply to the required trades? A9: At this time relative to "bid price", Bidders shall take into consideration that the City will not waive any of the required permit fees. Q10: Per Paragraph 16 on Page 19 of the bid documentation; "Or Equal Clause", we are planning to use the Dan-Foss/Graham Variable Frequency Drives. The variable frequency drive specifications on Page 162 indicate; Yaskawa. My question is, can the Dan -Foss/ Graham variable frequency drives be used as an acceptable alternate ("or Equal") to the Yaskawa variable frequency drive? A10: Yes. Contractors are required to acknowledge receipt of this Addendum No. 1 on proposal Page 145, "Acknowledgement of Addenda", or the proposal may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je F:\PU RC\$ALL\JOHN\BI DS106-07\39-06-07\ITB-39-06-07A1.doc We ore committed to providing excellent public service and safely to all who live, work, and ploy in our vibrant, tropical, historic community U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION Wage and Hour Division WASHINGTON, D.C. 20210 MAR 171978 ALL AGENCY MEMORANDUM NO. 130 TO: ALL GOVERNMENT CONTRACTING AGENCIES AND THE DISTRICT OF COLUMBIA FROM: SUBJECT: XAVIER M. VELA ADMINISTRATOR Application Of The Standard Of Comparison "Projects Of A Character Similar" Under The Davis -Bacon And Related Acts The purpose of this memorandum is to set forth present policies of the Wage and Hour Division with regard to the determination of "projects of a character similar to the contract work" for wage determination purposes. The guidelines contained in the memorandum are to be used by the contracting agencies in selecting the proper schedule(s) of wage rates from the Federal Register and in instructing contractors regarding the application of multiple schedules. This memorandum supersedes All Agency Memorandum No. 68 (July 19, 1966). The Davis -Bacon and related Acts require the Secretary of Labor to determine the prevailing wage rates for corresponding classes of laborers and mechanics on projects in the area which are of a "character similar" to the proposed contract work to which the determination will be applied. The Department's Wage Appeals Board in a decision specifically relating to high-rise apartment buildings (WAB Case No. stated:76-11, dated January 27, 1977) stated: The test of whether a project is of a character similar to another project refers to the nature of the project itself in a construction sense, not to whether union or nonunion wages are paid or whether union or nonunion workers are employed. Since the 1935 amendments to the Davis -Bacon Act, the statutory focus has always been on the character of the project itself rather than on who was employed on the project or how much he or she was being paid. Page 2 Again, in a decision relating to a water treatment plant project (WAB Case No. 77-20, dated September 30, 1977), the Board stated: "When it is clear from the nature of the project itself in a construction sense that it is to be categorized as either building, heavy, or highway construction it is not necessary to resort to an area practice survey to determine the appropriate categorization of the project." Generally construction projects are classified as either Building, Heavy, Highway or Residential. 1/ Below are descriptions of these classifications with an illustrative listing of the kinds of projects that are generally included within the classification. Contracting agencies should utilize these descriptions and illustrations in carrying out their responsibilities, to insure a uniform and consistent administration of the Davis -Bacon and related prevailing wage statutes. The advertised and contract specifications should identify as specifically as possible the segments of work to which the schedules will apply. Note, however, that the descriptions and illustrations are guides. Contracting agencies should seek a determination from the Department of Labor on close questions or when the appropriate classification is in dispute. In making this determination where a project does not readily fall within any Category, the Department of Labor may consider wages being paid on analogous projects as an indication of the proper category. As stated by the Wage Appeals Board in WAB Case No. 77-23, dated December 30, 1977: "Wages, however, are only one indication. It is also necessary to look at other characteristics of the project, including the construction techniques, the material and equipment being used on the project, the type of skills called for on the project work and other similar factors which would indicate the proper category of construction." BUILDING CONSTRUCTION Building construction generally is the construction of sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment, or supplies. It includes all construction of such structures, the installation of utilities and the installation of equipment, both above and below grade I/ Generally, for wage determination purposes, a project consists of all construction necessary to complete a facility regardless of the number of contracts involved so long as all contracts awarded are closely related in purpose, time and place. For example, demolition or site work preparatory to building construction is considered a part of the building project for wage determination purposes. Where a project, such as a water and sewage treatment plant, includes construction items that in themselves would be otherwise classified, a multiple classification may be justified if such construction items are a substantial part of the project. Further, however, a separate classification would not apply if such construction items are merely incidental to the total project to which they are closely related in function. For example, water or sewer line work which is a part of a building project would not generally be separately classified. Where construction is "incidental" in function, 20 percent of project cost is used as a rough guide for determining when construction is also "incidental" in amount to the overall project. Page 3 level, as well as incidental grading, utilities and paving. Additionally, such structures need not be "habitable" to be building construction. The installation of heavy machinery and/or equipment does not generally change the project's character as a building. Examples Alterations and additions to buildings Apartment buildings (5 stories and above) Arenas (enclosed) Auditoriums Automobile parking garages Banks and financial buildings Barracks Churches City halls Civic centers Commercial buildings Court houses Detention facilities Dormitories Farm buildings Fire stations Hospitals Hotels Industrial buildings Institutional buildings Libraries Mausoleums Motels Museums Nursing and convalescent facilities Office buildings Out-patient clinics Passenger and freight terminal buildings Police stations Post offices Power plants Prefabricated buildings Remodeling buildings Renovating buildings Repairing buildings Restaurants Schools Service stations Shopping centers Stores Subway stations Theaters Warehouses Water and sewage treatment plants (buildings only) Page 4 RESIDENTIAL CONSTRUCTION Residential projects for Davis -Bacon purposes are those involving the construction, alteration, or repair of single family houses or apartment buildings of no more than four(4) stories in height. This includes all incidental items such as site work, parking areas, utilities, streets and sidewalks. Examples Town or row houses Apartment buildings (4 stories or less) Single family houses Mobile home developments Multi -family houses Married student housing HEAVY CONSTRUCTION Heavy projects are those projects that are not properly classified as either "building", "highway", or "residential". Unlike these classifications, heavy construction is not a homogeneous classification. Because of this catch-all nature, projects within the heavy classification may sometimes be distinguished on the basis of their particular project characteristics, and separate schedules issued. For example, separate schedules may be issued for dredging projects, water and sewer line projects, dams, major bridges, and flood control projects. Examples Antenna towers Bridges (major bridges designed for commercial navigation) 2/ Breakwaters Caissons (other than building or highway) Canals Channels Channel cut-offs Chemical complexes or facilities (other than buildings) Cofferdams Coke ovens Dams Demolition (not incidental to construction) Dikes Docks Drainage projects 2/ Major bridges contain elements of both heavy and higMy construction. See WAB Case No. 772 (October 21, 1977) Page 5 Dredging projects Electrification projects (outdoor) Flood control projects Industrial incinerators (other than building) Irrigation projects Jetties Kilns Land drainage (not incidental to other construction) Land leveling (not incidental to other construction) Land reclamation Levees Locks, waterways Oil refineries (other than buildings) Pipe lines Ponds Pumping stations (prefabricated drop-in units -- not buildings) Railroad construction Reservoirs Revetments Sewage collection and disposal lines Sewers (sanitary, storm, etc) Shoreline maintenance Ski tows Storage tanks Swimming pools (outdoor) Subways (other than buildings) Tipples Tunnels Unsheltered piers and wharves Viaducts (other than highway) Water mains Water -way construction Water supply lines (not incidental to building) water and sewage treatment plants (other than buildings) Wells HIGHWAY CONSTRUCTION Highway projects include the construction, alteration or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, parking areas, and other similar projects not incidental to building or heavy construction. Examples Alleys Base courses Bituminous treatments Bridle paths Concrete pavement Curbs Excavation and embankment (for road construction) Page 6 Fencing (highway) Grade crossing elimination (overpasses or underpasses) Guard rails on highway Highway signs Highway bridges (overpasses; underpasses; grade separation) Medians Parking lots Parkways Resurfacing streets and highways Roadbeds Roadways Runways Shoulders Stabilizing courses Storm sewers incidental to road construction Street Paving Surface courses Taxiways Trails In applying these guidelines contracting agencies are reminded that they have the authority only in the first instance to designate the appropriate wage schedule(s) from the Federal Resister, and to determine the application of multiple schedules issued by the Wage and Hour Division in project wage determinations. Any questions regarding the application of the guidelines set forth in this memorandum to a particular project or any disputes regarding the application of the wage schedules are to be referred to the Wage and Hour Division for resolution, and the instructions of the Wage and Hour Division are to be observed in all instances. Furthermore, where multiple schedules are issued by the Wage and Hour Division, they must be utilized in the contract specifications unless the agency requests and receives a change in the wage determination from the Wage and Hour Division. To ensure that appropriate schedules are issued, contracting agencies are advised to provide the Wage and Hour Division in their requests for wage determinations with a sufficiently specific description of the project to be able to determine its character. U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION Wage and Hour Division WASHINGTON, D.C. 20210 JUL 141978 ALL AGENCY MEMORANDUM NO. 131 TO: ALL GOVERNMENT CONTRACTING AGENCIES AND THE DISTRICT OF COLUMBIA FROM: SUBJECT: XAVIER M. VELA ADMINISTRATOR Clarification of All Agency Memorandum No. 130 The purpose of this memorandum is to clarify Memorandum No. 130, dated March 17, 1978. Although the Wage and Hour Division has received a positive reaction from most contracting agencies who work regularly with the issues raised, some questions have arisen over specific aspects of the memorandum. Memorandum No. 130 is intended to be a guide to categories of projects in a construction sense and is to be applied uniformly by the contracting agencies in the absence of specific direction on the wage determination or advice by the Wage and Hour Division. However, the Wage and Hour Division is aware that in some circumstances the category of a project may appear to be unclear or a literal application of the guidelines may be inappropriate. For example, questions frequently arise over pumping stations, which may vary greatly in, sophistication and construction techniques. Therefore, if the contracting agency has any questions regarding application of the guidelines in a specific case, or if a question is raised with the agency by interested parties, the issue of application of the wage rate schedules should be referred to the Wage and Hour Division. This referral should include a complete description of the project, any evidence available of area practice regarding wages paid on similar projects, comments by interested parties which may have been submitted to the agency, and- the agency's recommendation. Where the nature of the project in a construction sense is not clear, area practice regarding wages paid will be taken into consideration together with other factors such as construction techniques and classifications of workers required on the project. See WAS Case No. 77-23 (December 30, 1977). Questions have also arisen regarding the circumstances in which multiple schedules of wage rates are issued for a project which includes construction items that in themselves would be Page 2 different categories of construction. Because of the complexities in application of multiple schedules, the contracting agency should consult with the Wage and Hour Division whenever it appears that more than one schedule of rates is appropriate for a project, unless the wage decision(s) as issued indicates that multiple schedules are applicable. Generally, multiple schedules are issued if the construction items are substantial in relation to project cost -- more than approximately 20 percent. Only one schedule is issued if construction items are "incidental" in function to the over-all character of a project (e.g. paving of parking lots or an access road on a building project), and if there is not a substantial amount of construction in the second category. Note, however, that 20percent is a rough guide. For example, when a project is very large, items of work of a different character may be sufficiently substantial to warrant a separate schedule even though these items of work do not specifically amount to 20 percent of the total project cost. Although the example given is that of incidental paving and utilities, the same principles are applied to other categories, such as building construction on a heavy or highway project. Thus, in a recent case, the Wage and Hour Division deleted the building schedule when it learned that a small building under a contract primarily for runway construction was approximately 4 percent of project cost. Another example of general interest is the applicability of the building schedule to a building in a rest area of a highway. In this situation, applying the principles of MARTA, WAB Case No. 75-5, for extensive projects, the project for comparison purposes is the rest area itself, rather than the entire highway. These principles regarding incidental construction are not in conflict with the Wage and Hour Division's recognition in certain circumstances (WAB Case No. 77-19) of a clearly established practice of paying different wage rates on specific portions of building projects. For example, different rates may be paid for incidental paving and utilities than are paid in the construction of buildings on building projects. These projects are building projects, and the wage rates issued by the Wage and Hour Division for incidental paving and utilities reflect wages paid on such work on building projects. Contracting agencies are reminded of their responsibility to advise contractors on the application of multiple wage schedules issued by the Wage and Hour Division or obtained by the agency from the Federal Register. If any questions arise regarding application of the schedules to the project in accordance with these guidelines, or if it appears that a Page 3 wage schedule may have been issued in error, a ruling should be requested from the Wage and Hour Division. On these issues, as in all other matters in the administration of the Davis -Bacon and related acts, we will continue to work cooperatively with the contracting agencies. For convenience, Memorandum No. 130 is attached. Attachment WAIS Document Retrieval Page 1 of 4 GENERAL DECISION: FL20070001 09/14/2007 FL1 Date; September 14, 2007 General Decision Number: FL20070001 09/14/2007 Superseded General Decision Number: FL20030001 State: Florida Construction Type: Building County: Miami -Dade County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including four (4) stories) Modification Number Publication Date 0 02/09/2007 1 03/23/2007 2 06/15/2007 3 07/13/2007 4 09/14/2007 * ASBE0060-001 09/01/2007 Rates Fringes Asbestos Worker/Heat and Frost Insulator $ 20.67 9.85 * ELEC0349-001 09/01/2006 Including Fire Alarm Installation Rates Fringes ELECTRICIAN (Including Fire Alarm Installation) Electrical contracts including mateials that are over $2,000,000 $ 26.46 6.05+8% Electrical contracts including materials that are under $2,000,000 $ 24.00 6.05+8% * ELEV0071-001 01/01/2005 Rates Fringes ELEVATOR MECHANIC $ 29.805 12.115 FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=FL200... 10/16/2007 WAIS Document Retrieval Page 2 of 4 ENG10487-001 01/01/2007 Rates Fringes Power equipment operators: Boom Truck Operator $ 25.50 7.10 Crane (Including Truck Crane) $ 25.50 7.10 Crane Oiler (Including Truck Crane) $ 17.90 7.10 Piledrivers $ 25.50 7.10 * IRON0272-001 10/01/2006 Rates Fringes Ironworkers: Ornamental $ 26.70 6.43 Reinforcing $ 26.70 6.43 Structural $ 26.70 6.43 * PLUM0519-001 03/16/2007 Rates Fringes PLUMBER $ 24.62 7.73 * PLUM0725-001 06/30/2006 Rates Fringes PIPEFITTER (Including HVAC) $ 26.60 9.35 * SFFLO821-001 07/01/2007 Rates Fringes SPRINKLER FITTER $ 27.60 11.89 SHEE0032-001 08/12/2003 Rates Fringes Sheet metal worker (Including HVAC duct work) $ 20.96 8.97 * SUFL1999-001 03/04/1999 Rates Fringes Acoustical Tile Installer $ 10.00 0.62 Bricklayer/Blocklayer $ 15.36 CARPENTER (Including Drywall Hanging and Batt Installation)$ 12.90 2.40 Cement Mason/Concrete Finisher...$ 14.50 3.15 http://frwebgate.access.gpo.gov/cgi-bin/getdoc. cgi?dbname=Davis-Bacon&docid=FL200... 10/16/2007 WAIS Document Retrieval Page 3 of 4 DRYWALL FINISHER/TAPER $ 12.50 FLOOR LAYER: CARPET $ 14.25 GLAZIER $ 13.05 2.42 Laborers: Pipelayers $ 13.81 Plasterer Tenders $ 10.09 Unskilled (Including Mason Tending) $ 8.70 PAINTER (Brush) $ 9.61 PLASTERER $ 15.05 Power equipment operators: Backhoe $ 15.71 2.85 Bulldozer $ 14.58 2.85 Concrete Pump Operator $ 14.78 Grader $ 15.93 2.85 Loader $ 15.04 2.85 Roller $ 12.84 2.85 ROOFER, Including Built Up, Composition and Single Ply $ 9.99 TILE SETTER $ 12.50 0.87 TRUCK DRIVER $ 10.95 1.83 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ========_========= =__= ====n =-- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter http://f webgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=FL200... 10/16/2007 WAIS Document Retrieval Page 4 of 4 * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=FL200... 10/16/2007 THERMAL CONCEPT$ INC. Air Conditioning • Refrigeration • Ductwork • System Controls • Insulation • Electrical 2201 College Avenue Davie, Florida 33317 Broward: (954) 472-4465 • Dade: (305) 940-0381 Fax: (954) 370-6410 CACO 39621 CSCO 46951 - CGCA 07936 - EC 13002675 Gus Lopez Procurement Division City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 November 2, 2007 RE: ITB No. 39-06/07 Migration Project for Building Environmental Monitoring and Control System for the Miami Beach Convention Center. Mr. Lopez: This is in response to your letter dated November 2, 2007. Please find enclosed the following information: 1. Response to the required documentation as a Mechanical Engineer/Contractor 2. Additional contractor license information 3. Company Organization Chart 4. Project Organization Chart 5. Form No. 00922; Statement of Compliance (Prevailing Wage Rate Ordinance No. 94-2960) 6. Financial Information fiscal year ending April 2006 and April 2007 Should you require any other additional information please call me so we can accommodate you. Thank you. Sincerely, (.26, Diane Fox Controls Division Account Manager SALES & SERVICE & INSTALLATION Dunham -Bush Authorized Service Staefa Control System Authorized Dealer THERMAL CONCEPT$ INC. Air Conditioning • Refrigeration • Ductwork • System Controls • Insulation • Electrical 2201 College Avenue Davie, Florida 33317 Broward: (954)472-4465 • Dade (305) 940-0381 Fax: (954) 370-6410 CACO 39621 - CSCO 46951 - COCA 07936 - EC 13002675 Gus Lopez Procurement Division City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 November 2, 2007 RE: ITB No. 39-06/07 Migration Project for Building Environmental Monitoring and Control System for the Miami Beach Convention Center. Mr. Lopez: This letter is in response to your letter dated November 2, 2007; regarding certification as a licensed Certified Mechanical Engineer/ Contractor. Thermal Concepts maintains a class "A" air conditioning contractors license as provided by the state of Florida. Per Florida Statute Title XXXII Chapter 489 Part 1 Paragraph 489.105 "Definitions" sub paragraphs (f) and (i), the definition of a Class "A" air-conditioning contractor and the definition of a Mechanical Contractor are identical in respects to services provided and the ability of pulling the required permits for this project. The only exceptions between a Class "A" air-conditioning contractor license and a Mechanical Contractor license is the Class "A" air- conditioning contractor does not have the ability to install the following; lift stations and associated piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, liquefied petroleum gas lines within buildings, and natural gas fuel lines within buildings. Therefore, since this project does not require the installation of any of the exceptions, and since the Class "A" air- conditioning license has the same ability of a Mechanical Contractor license to provide the necessary permits for this project, the Class "A" air-conditioning license shall be suitable as meeting the minimum requirement for the required Mechanical Contractors license. Diane Fox Controls Division Account Manager Attachment: Definitions SALES & SERVICE & INSTALLATION Dunham -Bush Authorized Service Staefa Control System Authorized Dealer Statute Title XXXII Chapter 489 Part 1 Paragraph 489.195 (f) (i) "Class A air-conditioning contractor" means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air -distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to replace, disconnect, or reconnect power wiring on the Toad side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, except for disconnecting or reconnecting changeouts of liquefied petroleum or natural gas appliances within buildings; potable water lines or connections thereto; sanitary sewer lines; swimming pool piping and filters; or electrical power wiring. "Mechanical contractor" means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air -distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, liquefied petroleum gas lines within buildings, and natural gas fuel lines within buildings; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air- conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. AC# 26900'8 STATE.OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION • CONSTRUCTION INDUSTRY LICENSING BOARD SEO.L060e0100934. LICENSE NBR 10801/2006 068018650 1C. p03451 The CLASS A AIR COND TT ONIN CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration dates AUG31, 2008 1[7\URER 'Agfa DAVID'' TSER$AL CONCEPTS INC 2201 COLLEGE AVE • DAVIE. rig' 33317. . JEB BUSH ' GOVERNOR ;��F SI.MONE MAR$TILLER SECRETARY DISPLAY AS RPOUIRED BY kAW STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06081601693 DATE ■g_nKaiwaggLICENSE NBR 18/16/20061068006576 ICGCA07936 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2008 MAURER, ROBERT MARTIN THERMAL CONCEPTS INC 2201 COLLEGE AVE DAVIE FL 33317 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW SIMONE MARSTILLER SECRETARY DATE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06091502039 • ' • = Lf N'SE NBR 9/15/20061068018643 1CMC054665 The MECHANICAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2008 MAURER, MURRAY JESSE MERLIN INDUSTRIES INC 2201 COLLEGE AVE DAVIE FL 33317 JEB BUSH GOVERNOR DISPLAY AS RFOI IIRED BY LAW _ ._.._ SIMONE MARSTILLER SECRETARY Account Manager Diane Fox Thermal Concepts, Inc. Project Organizational Chart Division Manager David Glickman I. . Engineer/ Project Manager Neil Caporale • Site Superintendent Mario Cruz J / Site Technician l Installation Technician T.B.D.Installation Technician Upon award of contract T.B.D. Upon award of contract T.B.D. Upon award of contract 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960 Contract No. No. 39-06/07 Project Title: Migration Proiect for Buildina . Environmental Miaration and Control System For the Miami Beach Convention Center The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been Tess than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated: November 2"d, 2007 STATE OF FLORIDA ) SS COUNTY OF BROWARD ) By: onceots. Inc 'ac r} (Sidature) By: Nan Green Director of Human Resources (Print Name and Title) The foregoing instrument was acknowledged before me this 2nd day of November , 2007, by Nan Green who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official se this (-2nd day of November, 2007. (NOTARY SEAL) —,l (Signature of person taking acknowledgment) rcA (Name of officer taking acknowledgment) (typed, printed or stamped) a°`PRy Pu�� GINA LIXIE MY COMMISSION # DD 294666 `—' EXPIRES: May 23, 2008 rmndod Thru Budget Notary Services My commission expires: (Title or rank) (Serial number, if any) BID NO. 39-06/07 City of Miami Beach Date 10/24/07 • • . iv • . . ••••••:...4: - • 1 4" • THERMAL CONCEPTS,. Air Conditioning • Refrigeration • Ductwork • System Controls • Insulation • Electrical 2201 College Avenue Davie, Florida 33317 Broward: (954) 472-4465 • Dade: (305) 940-0381 Fax: (954) 370-0410 CACO 39621 CSCO 46951 - CGCA 07936 - EC 13002676 ...!0„,„,..„.z.vr..,..,-,varwit,,,.,:, - ! • • • . 4,,:.. .c.,::•• ,...riug..?•010 wpoz -..i.kimi7--1,Rmlrrttit.Director • '-P.1.!..,...-rsv-.'-gtit, f r41.rsacti. z*.r,!.v1;w ,40x, . . , - .,—(...,,...,.,, iik , v tergenter Drive • ;•,.7. zultroct....o.• , •,.. — 7,•• • k . .' •' ... • 41 1'1 '117' ' 1 ;:.. ).....,,,,,• . mber 11, 2007 4-0,:..4I.t:ciiivl-i,,,,,, ...... .. ... 11!.!41•0im.Ntoov".w.pi.rmrt,i4E..,k,,,,,.....,,,,, . . • . • • ,-. V-;:•.'441::.1.,.74..p,i.W1.W,P.O.Communications.Response ltydratri?7,.•.1%-ezi cirE,..",•;!,),.i 4.;:.9.:. .: • i . : • - • :*::" !4Mr i Wei: • pi.. • • ' r • • t, 1' .. . . a response to the protest by Siemens. We, Thermal Concepts, ve not excludeil the high speed cabling .;;:. •....:,•,.. 42 part of our bid package. in fact Mr. Grande had specifically asked t Is, during ou Pteeeritation, If the high speed coirimunicatIons would be provided, and our response was yes it is included. /1,1,0.0-ryri,,.3.t.44:1,...i,, , ... -.,-. - • .1..;•••, .441 Of pur Value Added $ervice' in ,paragraph 2 it states: • • .7 • 2.,...:• • ••••,,.... • 0;00,1,11d re -use all existing,infrastructure, i.e. wiring, cabling, conduit, and field deviceaas needed to make a 6,0.04C1)iiiitiiiidioiial system Should any damaged cabling, wiring, or condurl be • discovered during the . • ., .44,t4tii4.•-•••,‘,.: ')51.60ea Ivo Would install new as needed We anilapate a nominal amount pf,.additional wiring and • 'kin) Wliatis existing, that would be necessary to provide e completed system." ;,••• • •••••• • • , .., - :- • • . i'..• • .This '. simply states we would reuse any part of the infrastructure that is sound arid meets the equipment l' • . 'meni,ificturer's specifications. There is no mention of excluding the high speed cabling korkour bid package. • , . •. .40, . ••,.' . •r.1Neatle find a copy of the Johnson Controls FX -40 technical bulletin attached. As per page 2 under the , '. ...: t 'lined - Ethernet Ceitilintinkf ation Port , and page 3 `Eliiriie 2» it Chiariy. ShOws the Ethernet ' • ,;,:.;:i; :. -• ' '' Y -os • • — ,' ' • r .,t1O1 tothe devices as well as to the Intranet or Internet Without the Ethernet higkspe,ed communications h" but oUpervliory devices would be unable to communicate with each other. Therefore, Siemens protest "v ft111Maiterlaunfounded. .•,,.. 4„1,1°,,,v,,,,,::-... Iv, v.,.,••v..:•,-,•,..,..„,••• „.,•,..... • , , • . In aurninary, Thermal Concepts is absolutely providing all required high speed oommunica,tipecabling necessary ;10.;4'470::',0M04#.65.nigitite and functional syStem. • •{1:. , ........; . i : , ..?: * . • -...,.. 4.4v!' - • *AI heed boy other Clarifications please feet free to contact me anytime. Thank you. , . 1SPV"#:-•••'.',:e01' '1:41:/11: ti '. Q.' ' '' ''' ` ' ' . . , .4.44,•••-.••••:.4, • • • • . • •••• .• • • f.:7!, • • e• • • *:u.:71,, • lorersiRciPe 'yr . Ift•P•r", • • • 7 ympfx.., • , • • ,Ol,7 • • ' r411a741:*•iir'llrrr;•174/4.7." • 4 •• ket,.• 'fl• •ff• •• Dunham -Bush Authorized Service Staefa Control System Aythorized Dealer w:7,, • -4 ';3X i•I••• SALES & SERVICE & INSTALLATION • )1,.' f • '4 I • : • • • FACILITY EXPL ER FX40 Supervisory Controller The FX40 brings a new generation of Web based technology into the Facility Explorer product family. The FX40 manages a network of field controllers using standard communication protocols. It also supports a full set of building automation features and functions specifically designed for commercial facilities, including event scheduling, alarm management, histories, and totalization. The FX40 can support up to 100 field controllers using any combination of N2, LONWORKS®, and BACnet® protocols. The FX40 also provides onboard, hardwired input and output points for direct monitoring of equipment status or analog sensors and control of auxiliary devices or alarms. The FX40 provides a user interface and configuration tool that users can access with a Web browser. Multiple users can concurrently connect to the FX40. Security and presentation preferences are managed through user profiles, logon IDs, and passwords. Remote access is easily achieved from an Internet, intranet, or a dial-up connection. Product Bulletin FX40 Issue Date March 1, 2007 Features and Benefits ❑ Web -Based User Interface ❑ Adoption of Industry Standard Communication Protocols ❑ Onboard Configuration Tool D Onboard Inputs and Outputs Figure 1: FX40 1L! 1gLLrct"` Requires no proprietary or desktop software to access the FX40. A Web browser is all that is needed. Allow for the integration of a wide variety of field controllers. This includes Facility Explorer field controllers and controllers provided by others without intermediate gateways or translators. Allows configuration and system diagnosis from any Web browser. Allow direct control of auxiliary devices, which could reduce the number of field devices. © 2007 Johnson Controls, Inc. 1 Code No. LIT -12011046 Overview The FX40 provides integrated control supervision and network management services for one or more local networks of field controllers and is used to monitor and control Heating, Ventilating, and Air Conditioning (HVAC), lighting, and other electrical systems. The FX40 provides system -wide coordination of field controller activities to improve occupant comfort, reduce energy usage, and optimize operating efficiencies. The FX40 organizes system information into displays, reports, and graphics that users can access from a Web browser. Onboard Inputs and Outputs (I/Os) The FX40 features 10 onboard inputs and outputs for direct control over auxiliary devices, such as temperature and humidity sensors, pressure transducers, alarm indicators, and energy meters. The FX40 I/O complement includes: • four form C Single -Pole, Double -Throw (SPDT) relay outputs rated for 24 VAC/DC @ 2 Ampere resistive each with Light -Emitting Diode (LED) indication • six universal inputs for 10k ohm type III thermistors, 4-20 mA and 0-10 VDC active inputs, or dry contact binary inputs Communication Interfaces The FX40 supports multiple communication interfaces, enabling the FX40 to integrate many different types of field controllers as well as providing different methods of remote access. RS -485 Communication Port The FX40 includes one RS -485 communication port used to integrate either N2 or BACnet Master-Slave/Token-Passing (MS/TP) field controllers. N2 Driver The FX40 includes an N2 protocol driver enabling the integration of a wide variety of N2 field controllers. Supported N2 field controllers include: • Facility Explorer Field Controllers fitted with an N2 Open Communication Card (for example, FX05, FX10, FX06, FX07, FX14, FX15, FX16, or MD20) • Metasys® Application Specific Controller (ASC) devices (Air Handling Unit [AHU], Unitary [UNT], Variable Air Volume [VAV]) 2 FX40 Supervisory Controller Product Bulletin • Metasys System 91 Devices (DX -9100) • Metasys Variable Air Volume Modular Assembly (VMA1400) • XTM-105 Extension Modules • third -party devices supporting N2 Open protocol (VND) BACnet MS/TP Driver The FX40 includes a BACnet MS/TP driver enabling the integration of BACnet MS/TP devices, which support standard BACnet objects and services. To determine whether a BACnet MS/TP device is supported, compare its Protocol Implementation Conformance Statement (PICS) with the FX40 PICS. This includes the supported BACnet Interoperability Building Blocks (BIBB) and details the level of BACnet conformance. For more information, refer to the FX40 Protocol Implementation Conformance Statement (LIT -12011047). LONWORKS Communication Port The FX40 includes one LONWORKS FTT-10A port and a LonTalk® device protocol driver that enables the integration of LONWORKS devices, including: • Facility Explorer field controllers fitted with a LONWORKS Communication Card (for example, FX05, FX06, FX07, FX10, FX14, FX15, or FX16) • third -party LoNMARK® devices (compliant or certified) Ethernet Communication Port The FX40 includes one 10/100 Mb Ethernet Communication Port supporting multiple protocols, including Transmission Control Protocol/Internet Protocol (TCP/IP) and Hypertext Transfer Protocol (HTTP) for remote Internet or intranet access. In addition, the FX40 includes a BACnet IP driver, enabling the integration of BACnet IP field controllers, which support standard BACnet objects and services. To determine if a BACnet IP device is supported, compare its Protocol Implementation Conformance Statement (PICS) with the FX40 PICS. This includes the supported BACnet Interoperability Building Blocks (BIBB) and details the level of BACnet conformance. RS -232 Communication Port The FX40 includes one RS -232 communication port where you can connect an external modem for remote dial-up access. Alternatively, you can order the FX40 with a factory -installed modem. Web Browser Web Browser Communication Bus Ethernet, TCP/IP, XML HTTP,±> FX40 1111110 FX05 4,2P.t Controllers N2 Communication Bus DX -9100 VMA Figure 2: Example of an FX40 Configuration 3 FX40 Supervisory Controller Product Bulletin ego FX -Workbench egn t Devices UNT TEC FX Workbench FX Workbench is a software application that allows users to configure the FX40. FX Workbench is embedded in every FX40, which means that the FX40 serves up the application for users to access via a Web browser. In addition, you can purchase FX Workbench as a separate software application to reside on a computer. Users can configure the FX40 online while directly or remotely connected with FX Workbench. The computer version of FX Workbench allows users to create an FX40 configuration offline and then download it at a later time. FX Workbench includes many labor saving configuration features such as: • online discovery of LONWORKS and BACnet devices and points • online discovery of N2 devices with assisted importing of N2 points • a check box method to enable and disable point extensions, such as alarms, histories, and totalizations • intuitive managers for grouping points, creating schedules, and linking points • a library of predefined systems, with associated graphics, points lists, and default features System User Interface The FX40 User Interface (UI) provides the user with system -wide monitoring and controlling capability. The UI is embedded in every FX40, allowing users to access the system from anywhere on the supervisory network via a Web browser. System administrators can format the UI according to specific user preferences. The presentation of the information can be as rich or as limited as needed to support a variety of user interface hardware (computer, Personal Digital Assistant [PDA], or cell phone). For a richer user interface experience, the FX40 incorporates a full library of HVAC equipment and control symbols, ductwork and piping symbols, and animated graphics. 4 FX40 Supervisory Controller Product Bulletin 14Y IY llplppll h rrA nw N Fav Figure 3: Facility Explorer User Interface Building Automation Control Features The FX40 includes a full library of building automation control features, including event scheduling, alarming, histories, totalizations, and miscellaneous control logic. You can apply these features to all data points regardless of their source. Event Scheduling In Event Scheduling (Figure 4), users determine certain scheduling activities like building occupancy and the start and stop times of HVAC equipment based on regular, repeating, or unique events. The user interface provides a visually intuitive method to configure the schedule time and date. :11111 mho 111 YYYII1II,I! 1u1 IIII II.•,IIIYI•IMIII ILII YIeYIII ellleil IYlllSl llielll u_. •_4 •• .•• o.ti Figure 4: Event Scheduling Histories The Histories feature (Figure 5) allows the FX40 to collect, store, and display pertinent system data for analysis. This may include control performance indication, energy consumption, and system troubleshooting. Users can configure the FX40 to create a history on any data point in the FX40 system database. The Histories feature presents the stored data either graphically or in a sortable table. Users can export stored data in a TXT, PDF, or CSV format. L11 11 111 11 1111 112 1111,111. 11111111111111111111IIIIIIIIIYII 1 1 11111 Y 1111111111 111 11111111 1 V' i per .. . ti c; a .. . I o s f 1,116 'nM 31 01011, •1pp11M�AqI1 1w410r011111114111 1.01041,11011.1011 11.rr'irwnl Figure 5: Histories Alarming The Alarm feature (Figure 6) allows the FX40 to initiate, route, and manage alarms and events according to user -defined criteria. Users can configure the FX40 to generate alarms on any data point in the FX40 system database. Each alarm record contains valuable information, including the alarm and return -to -normal time and date, time duration in current state, text description, and alarm class. The alarm class allows the routing of alarms with similar characteristics to common recipients. Users can create multiple alarm classes to have a variety of alarm routing options. Users can configure alarm recipients to receive alarms via a Web browser or e-mail or both. Alarm recipients have a variety of options to manage alarms, including sorting, acknowledging, silencing, and tagging. LIYIN 1111111/ ,-'l jam. Wi 11 mlrl ISflea loom. 11 I 0.0000.01. MI I. it l li 11r:rYrtii. Figure 6: Alarms -4.- area. Mw_ 141.1 Totalization The Totalization feature allows the FX40 to accumulate data on a point over a period of time. Users can add a totalization extension to any data point in the FX40 system database to summarize runtime, to accumulate change of state counts, or to summarize dynamic analog data. Software Upgrades Each FX40 and each copy of FX Workbench includes a 1 -year software maintenance agreement. This agreement allows you to upgrade the FX40 and FX Workbench software with any new or interim service release for 1 year from the date of purchase. Once the software maintenance agreement expires, you can order additional upgrades. See Table 1 for details. FX40 Supervisory Controller Product Bulletin 5 Table 1: FX40 Ordering Information Part Number LP-FX4020A-0 LP-FX4022A-0 LP-FX40MA-0 LP-FX4OUPG-0 LP-FXSSL-0 LP-FXTSUPP-0 LP-FXTSUPP-6 ILP-FXSWMA-0 LP-FXSWUPG-0 Description FX40 pre -loaded with FX Workbench, N2 Driver, LONWORKS Driver, BACnet IP and MSITP drivers. (Supports a maximum of 100 devices). Includes a 1 -year software maintenance agreement. FX40 with factory installed modem. Pre -loaded with FX Workbench, N2 Driver, LONWORKS Driver, BACnet IP and MS/TP drivers. (Supports a maximum of 100 devices). Includes a 1 -year software maintenance agreement. One additional year of annual software maintenance for one FX40. Includes new releases and interim service releases for 1 year from the date of purchase. Covers all applications or drivers licensed for the FX40. One time, new release software upgrade for one FX40. Includes all applications and drivers licensed for the FX40. License file enabling Secure Socket Layer (encrypted) communication in one FX40. Enables remote access via https. FX Tools Supervisor Pro Software on CD-ROM: Includes FX Workbench and FX Workbench Pro profiles, and includes a 1 -year software maintenance agreement. FX Tools Supervisor Pro Software Upgrade on CD-ROM. Used to upgrade any copy of FX Tools Supervisor Pro, which is within the software maintenance agreement period. License file enabling 1 additional year of software maintenance for one copy of FX Tools Supervisor Pro. License file enabling a one time software upgrade for one copy of FX Tools Supervisor Pro. 6 FX40 Supervisory Controller Product Bulletin Technical Specifications Table 2: FX40 Controller (Part 1 of 2) Product Codes Power Requirements Environmental General Communications Inputs/Outputs Battery Backup LP-FX4020A-0, LP-FX4022A-0 120 VAC, 50/60 Hz 25 VA maximum Lead wires for hot/neutral (wire nut), stud for ground connection Operating Temperature: 32 to 122°F (0 to 50°C) Storage Temperature: 32 to 158°F (0 to 70°C) Relative Humidity: 5 to 95%, noncondensing Motorola® Reduced Instruction Set Computer (RISC) Processor @ 250 MHz Facility Explorer Control Engine with direct I/O support objects 128 MB RAM, 32 MB flash for database backup One 10/100 MB Ethernet RJ -45 connector FCC Class A computing device Wind River VxWorks® Operating System with Jeode® Java® Virtual Machine Facility Explorer Software with I/O control objects One 10/100 Mb Ethernet port—RJ-45 connection One RJ -45 connector for RS -232 port One RS -485 port (up to 57,600 baud) One LONWORKS port—FTT-10 with Weidmuller connector Optional auto-dial/auto-answer 56k modem; RJ -11 connector (uses the RS -232 port when installed) Four form C SPDT relay outputs rated for 24 VAC/DC @ 2 ampere resistive One LED indicator for each relay Six Universal Inputs for 10k ohm Type III (10k 4A1 -International) Thermistor, 4/20 mA current loop, 0 to 10 volt, or dry contact 12 -bit A/D converter Thermistor Sensor Range: -10 to 135°F (23.3 to 57.2°C). Input accuracy is in the range of ±1 % of span, characteristic curve is customizable 0 —10 volt or 4/20 mA accuracy is ±2% of span, without user calibration. Uses an external resistor for current input (four provided). Self -powered or board powered sensors accepted. Dry contacts (on UI) 20 Hz max. frequency (25 ms minimum pulse width) 3 V open circuit, 300 micro A short-circuit current 20 VDC @ 80 mA to drive 4/20 mA powered sensors. 24 VDC terminal and external resistor can be used if monitoring contacts that require higher voltages or higher current. All I/O uses screw terminals on 0.2 in. centers Provided for all on board functions including I/O. Monitored and trickle charged. The battery maintains the processor operation through power failures for a predetermined interval, then writes all data to flash memory, turns off the processor, and maintains the clock for a minimum of 5 years. FX40 Supervisory Controller Product Bulletin 7 Table 2: FX40 Controller (Part 2 of 2) Chassis — Housed in Metal Enclosure Agency Listing Intended for indoor wall mounting only Cooling: Internal air convection Dimensions: 11 x 14 x 2.5 in. (27.94 x 35.56 x 6.35 cm) Weight: Net 4 Ib (1.814 kg), gross 5 Ib (2.268 kg) United States - UL Listed, File E107041, CCN PAZX, under UL 916, Energy Management Equipment FCC compliant to CFR 47, part 15, subpart B, class A Canada - UL Listed, File E107041, CCN PAZX7, under CSA C22.2 No. 205, Signal Equipment Industry Canada compliant to ICES -003 Table 3: FX Workbench Requirements Processor Intel® Pentium® 4, 1 GHz or higher Operating System Microsoft® Windows NT® Version 4.0 with Service Pack (SP) 4.0 or later Microsoft Windows® 2000 Microsoft Windows XP Professional Web Browser Microsoft Internet Explorer Version 5.0 or later Netscape Navigator® Version 4.5 or later Memory 512 MB minimum Hard Disk 1 GB minimum, 5 GB recommended Network Support Ethernet 10/100 Mb with RJ -45 connector The performance specifications are nominal and conform to acceptable industry standards. For application at conditions beyond these specifications, contact a Facility Explorer technical support resource. Johnson Controls, Inc. shall not be liable for damages resulting from misapplication or misuse of its products. Federal Communications Commission (FCC) Statement This equipment has been tested and found to comply with the limits for a Class A digital device pursuant to Part 15 of FCC Rules. These limits are designed to provide reasonable protection against harmful interference when this equipment is operated in a commercial environment. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instruction manual, may cause harmful interference to radio communications. Operation of this equipment in a residential area is likely to cause harmful interference, in which case the user will be required to correct the interference at his/her own expense. Industry Canada (IC) Statement This Class (A) digital apparatus meets all requirements of the Canadian Interference -Causing Equipment Regulations. Cet appareil numerique de la Classe (A) respecte toutes les exigences du Reglement sur le materiel brouilleur du Canada. UtitIFINSON COMB LS Controls Group 507 E. Michigan Street P.O. Box 423 Milwaukee, WI 53201 8 FX40 Supervisory Controller Product Bulletin Published in U.S.A and Europe COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 39-06/07, Migration Project Foy Building Environmental Monitoring And Control System (air conditioning system) For The Miami Beach Convention Center, To Thermal Concepts, Inc. In The Amount Of $1,110,000; and Further Authorize the Use of Savings Resulting from the Award of this Contract, to be re -appropriated for the Convention Center Airwall Project included in Fiscal Year 2007/08 Capital Budget, which was previously authorized to fund emergency repairs to the Hall B Electrical Buss Duct. Key Intended Outcome Supported: 1 Ensure well-maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): The 2007 intemal support function survey noted that 38.3% rated facility renovations as excellent or good for overall satisfaction. issue: Shall the City Cy -mission appy9 v? the award of contract and the resolution? tem Summary,92mmentatipp: The purpose o this 'i is to es Alish a contract by means of competitive sealed bids, with a qualified contractor for the development of a plan that will migrate the existing Siemens Standalone Control Unit currently installed at the Miami Beach Convention Center ("MBCC"), enabling the required capacity to achieve an improved operation and compliance for the Building Environmental Monitoring and Control System. This project shall be substantially completed within four -hundred (400) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 of the bid/contract documents within forty-five (45) calendar days from the date certified by ConsultantlSMG Project Manager as the date of Substantial Completion. On November 28, 2007, the Users Group convened to evaluate the two (2) responsive bids received from Siemens Building Technologies and Thermal Concepts, Inc. After listening to brief presentations from both contractors, and interviewing the contractor's key personnel to be assigned to this Project, the Users Group scored each contractor's bid submittal, and unanimously recommended contract award to Thermal Concepts, Inc. On December 11, 2007, Siemens Building Technologies, Inc. filed a timely protest. Siemens bid protest addressed the following issues: 1) Siemens claim that "Thermal Concepts' bid was non-responsive"; and 2) "a member of the evaluation team (Mr. Angelo Grande) served as a reference for Thermal Concepts". On January 4, 2008, the Users Group reconvened, without Mr. Grande, to review Siemens Protest letter, and Thermal Concepts response to said letter. Once the User Group reviewed Thermal Concepts' response to the protest letter relative to the technical scope of work, the User Group agreed that the issue had been addressed during the interview with Thermal Concepts at the November 28, 2007 User Group Meeting, and Thermal Concepts had stated at that time they would include the high speed cabling as part of their bid package. The City Manager and City Attorney and their respective designees, reviewed the issues raised in Siemens' protest letter, responded to said issues, and denied same for the reasons pursuant to the City's Bid Protest Ordinance. APPROVE THE CONTRACT AND AUTHORIZE THE USE OF SAVINGS RESULTING FROM THIS AWARD TO BE RE -A PROP IATED FOR THE MIAMI BEACH CONVENTION CENTER AIRWALL PROJECT. Advisory board Recommendation: 1 N/A Financial Information: Amount Account Approved 1 $1,110,000 Convention Center Capital Account No. 442.2548.069358 e of Funds: OBPI Total $1,110,000 City Clerk's Office Legislative Tracking: Max Sklar iign-Offs: Depa ent Director Assists GL MS_ HF \AGENDA\ JBtranuary 161Regular\IT6-39-06-07MigrationSum a er MIAMIBEACH 119 doc Ci, JMG Manager AGENDA ITEM Rah DATE 1—Ih-0 Co MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: o se M. Gonzalez, City Manag COMMISSION MEMORANDUM Ma'' H. Bower and Membgrs of the City Commission DATE: January 16, 2008 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID (ITB) NO. 39-06/07, MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER, TO THERMAL CONCEPTS, INC. IN THE AMOUNT OF $1,110,000; AND FURTHER AUTHORIZE THE USE OF SAVINGS RESULTING FROM THE AWARD OF THIS CONTRACT, TO BE RE -APPROPRIATED FOR THE CONVENTION CENTER A1RWALL PROJECT INCLUDED IN FISCAL YEAR 2007/08 CAPITAL BUDGET, WHICH WAS PREVIOUSLY AUTHORIZED TO FUND EMERGENCY REPAIRS TO THE HALL B ELECTRICAL BUSS DUCT. ADMINISTRATION RECOMMENDATION Approve the award of contract and authorize the use of savings resulting from the award of this contract, to re -appropriate funds for the Convention Center Airwall Project. FUNDING AND SAVINGS RESULTING FROM THIS CONTRACT AWARD, Funding for this project has been previously appropriated in the Fiscal Year 2006-2007 Capital Budget Account No. 442.2548.069358, in the amount of $2,000,000. The total cost for this project from the lowest and best bidder is $1,110,000, a savings from the budgeted amount of $890,000. The Administration is recommending that said savings ($890,000) be re -appropriated to the Miami Beach Convention Center (MBCC) Airwall Project based on the following reasons: The Mayor and City Commission at its October 17, 2007 Commission meeting, adopted a resolution that ratified an emergency contract with Edd Helms Electric, in the amount of $697,865, for emergency replacement of the electrical buss duct in Hall "B" at the MBCC. The emergency situation needed to be corrected expediently as possible in order to meet the needs of clients under contract at the MBCC. This was an emergency, non -budgeted capital improvement and, therefore, the Administration recommended and the City Commission approved, using funds from the FY 2007/2008 Airwall Project. Based on the aforementioned, the Administration recommends that the City Commission authorize the re -appropriation of the savings ($890,000) from this project, to the Convention Center Airwall Project, which was previously included in the FY 2007/08 Capital Budget. 120 Commission Memorandum Invitation to Bid (ITB) No. 39-06/07 MBCC Migration Project January 16, 2008 Page 2 of 8 ANALYSIS The purpose of this ITB is to establish a contract by means of competitive sealed bids with a qualified contractor for the development of a plan that will migrate the existing Siemens Standalone Control Unit currently installed at the Miami Beach Convention Center ("MBCC"), enabling the required capacity to achieve an improved operation and compliance for the Building Environmental Monitoring and Control System, and to provide required methods and responsibilities to establish controls to ensure that changes to the Building Environmental Monitoring and Control System are effectively implemented in order to minimize risk(s), and the potential for unscheduled downtime or other disruptions to system operation. BACKGROUND In laymen's terms, the Building Environmental Monitoring and Control System is the computerized control system that operates the air conditioning system in the Miami Beach Convention Center. The Siemens Standalone Control Unit (SCU), introduced in 1983, was retired on January 1, 2000 because of the obsolescence of critical components it is built upon. When Siemens retires a product, it enters into a service support status for seven (7) years. During this period, a product is available as a service replacement only. After the expiration of the service support status, parts become obsolete and no replacement parts are guaranteed. The availability of repair parts provides flexibility in the timing of the decision to migrate Standalone Control Units ("SCUs"), but is ultimately necessary. Variables that influence the decision to migrate SCUs include: * Increased failure rates of aging components (business continuity). * Features and functionality that are only available with the latest technology, for example, high-speed communication between control panels and the system server (system performance/ user functionality). * Performance degradation due to operating modern software on out-of-date hardware (business continuity, system performance/user functionality) * Limitations of the existing hardware platform to achieve compliance with emerging regulatory requirements for electronic records (regulatory). * Ease of reliably migrating equipment and software in a current Good Operational Process and regulated environment (validation, change management). ASSESSMENT The existing Siemens Apogee Insight® Version 3.1 is installed to control the environment, monitor, alarm, and collect trend data. The existing Building Environmental Monitoring and Control System has programmable alarm functions as well as configurable historical data collection. 121 Commission Memorandum Invitation to Bid (ITB) No. 39-06/07 MBCC Migration Project January 16, 2008 Page 3 of 8 The Building Environmental Monitoring and Control System Project is deemed highly critical because the quality of the HVAC utilities and the acquisition of environmental measurement data have direct impacts on energy costs and customer satisfaction. At the Building Environmental Monitoring and Control System, data is controlled, maintained, and disseminated through a server -client and server -server relationship, with security provided by its operating system (Windows), along with additional application features. In addition to data management, the system includes interfaces for system operation, alarm management and operator notification, system recovery, and reporting functions. SCOPE OF WORK The Contractor will provide Performance and Payment Bonds, each in the amount of one hundred (100%) percent of the Contract amount, and complete the Scope of Work as described in the Bid/Contract Documents, to include a one year warranty on all products/equipment, and one year guarantee on all labor, which becomes effective upon acceptance at Final Completion of the Project. The work area will include Halls A — D, and the East and West Wrap of the MBCC. The contractor will complete one area at a time before commencing work within a different area of the MBCC. The contractor will submit their proposed construction schedule upon issuance of the First Notice to Proceed, based on the most current MBCC Schedule of Events, which must be accepted by SMG Project Manager prior to issuance of the Second Notice to Proceed to commence with the work. The Contractor at a minimum shall provide the following: * Develop a strategy for maintaining building control during the required shutdowns of the various control panels and mechanical equipment. All of the existing sequences of operation and control strategies must be maintained during the course of the project. • Provide the labor and materials for the replacement and integration of six (6) existing variable speed drives and the installation and integration of twenty-two (22) new variable speed drives. • Provide the necessary Pneumatic Kits with AO -P Transducers. The Pneumatic Kit with AO -P Transducers is designed to mount on the SCU door using the two (2) mounting studs that hold the controller board backplane. " Provide the necessary SCU Option Panels. This project shall be substantially completed within four -hundred (400) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 of the bid/contract documents within forty-five (45) calendar days from the date certified by Consultant/SMG Project Manager as the date of Substantial Completion. Upon failure of Contractor to substantially complete the work within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of Five -Hundred Dollars ($500.00) for each calendar day after the time specified in Section 2.2 of the bid/contract documents, plus any approved time extensions, for Substantial Completion. 122 Commission Memorandum Invitation to Bid (ITB) No. 39-06/07 MBCC Migration Project January 16, 2008 Page 4 of 8 After Substantial Completion should the Contractor fail to complete the remaining work within the time specified in Section 2.2 of the bidicontract documents, plus approved time extensions thereof, Contractor shall pay to City the sum of Five -Hundred Dollars ($500.00) for each calendar day after the time specified in Section 2.2, plus any approved extensions, for completion and readiness for final payment. PROJECT PLAN The SMG Project Manager and the Contractor will conduct meetings as required to resolve any quality, project schedule, or project cost issues, and prior to returning the system to operational readiness status, the SMG Project Manager will schedule and conduct a "turnover meeting" with all stakeholders to ensure all tasks provided by the Contractor are satisfactorily completed and the system is ready for normal operation. TRAINING REQUIREMENTS As appropriate and prior to execution of project tasks that will place the system into manual operation, the Contractor will instruct MBCC system operators personnel on safe and appropriate manual system operation methods. The Contractor shall provide a minimum of forty (40) hours of training, which shall include at least two (2) copies of video tapes of the required training program. Upon completion of Start-up and Commissioning/Site Acceptance Testing Phases, the Contractor will provide MBCC system operator personnel with eight (8) hours of training. The Contractor shall provide to the City, an approved lesson plan which outlines all training necessary for continued proper operation of the system following the completion of the migration project. The training will be designed specific to equipment installed for the MBCC Building Environmental Monitoring System Upgrade Project. SIGNOFF AND SYSTEM ACCEPTANCE CRITERIA A "turnover meeting" shall be conducted to ensure all stakeholders agree that: (1) the project is completed and ready for turnover to users; (2) testing is completed and demonstrates consistent intended performance; (3) all incidents and corrective actions are satisfactorily resolved; and (4) all documentation is complete and under change control as required. The Contractor shall provide evidence that necessary and adequate post -project operational training was completed and agreement that the personnel responsible for the proper operations and maintenance of equipment installed to replace SCUs per the applicable Standard Operating Procedure ("SOP"), have the training and experience for assigned tasks. The City will test the system a minimum of ninety (90) calendar days prior to acceptance at Final Completion of the Project. ITB PROCESS AND CONTRACTOR EVALUATION Invitation to Bid (ITB) No. 39-06/07 was issued on September 25, 2007 with an original bid opening date scheduled for October 24, 2007. A non -mandatory Pre -Bid meeting was held on October 9, 2007 at the City of Miami Beach Convention Center. One addendum was issued to provide additional information relative to discussions at the Pre -Bid Conference, 123 Commission Memorandum Invitation to Bid (ITB) No. 39-06/07 MBCC Migration Project January 16, 2008 Page 5 of 8 which extended the bid opening due date to October 29, 2007. The two (2) prospective bidders (Siemens, and Thermal Concepts) in attendance were provided information as to the Scope of Work, the Evaluation Criteria, Best Value Procurement, and of all required documentation to be submitted with their bid. RFP Depot issued bid notices to 2,197 prospective bidders, resulting in 60 bidders requesting the ITB documents. Additionally, the ITB was provided to prospective bidders by BidNet, which issued bid notices to 69 prospective bidders, resulting in six (6) bidders requesting the ITB document. In addition to these two bid notification services, the SMG Facilities Manager provided the Procurement Division with a list of four (4) (Siemens Building Technologies, Trane Inc., Johnson Controls, Inc. and Thermal Concepts, Inc.) prospective bidders, which resulted in the receipt of two (2) bids from the following contractors: • Siemens Building Technologies, Inc. • Thermal Concepts, Inc. A City Users Group ("Users Group") was selected consisting of the following individuals: • Angelo Grande, SMG Facilities Manager • Hiram Siaba, Sr. Capital Projects Coordinator, CIP • John Toledo, Assistant Director, Public Works — Property Management • Julie (Annie) Yanes, Construction Manager, Public Works — Property Management On November 28, 2007, the Users Group convened to evaluate the two (2) responsive bids received. The Procurement Division provided copies of the bids, Risk Assessment Plan/Value Added Submittals, and Performance Evaluation Surveys received from clients of both contractors. Angelo Grande (SMG/MBCC) and John Toledo (PW -Property Management) provided information to the Users Group of the required Scope of Work for the Project. After listening to brief presentations from both contractors, and interviewing the contractor's key personnel to be assigned to this Project, the Users Group scored each contractor's bid submittal pursuant to the following Evaluation Criteria: 1. Qualifications and experience of the Contractor and employees assigned to this Project (15 points). 2. Risk Assessment Plan/Value Added Submittals (15 points). 3. Past performance based on number and quality of the Performance Evaluation Surveys (10 points) 4. Presentation and Interview of Key personnel (20 points). 5. Bid Price (40 points). Based on Thermal Concepts qualifications and experience of their proposed project team, and a bid price of approximately $170,000 less than Siemens, it was unanimously determined by the User Group that Thermal Concepts be recommended for contract award. At the conclusion of deliberations, John Toledo made a motion to recommend contract award to Thermal Concepts Inc., and Angelo Grande seconded the motion, with the remaining two individuals agreeing to the recommendation, making it a unanimous decision to recommend contract award to Thermal Concepts, Inc. 124 Commission Memorandum Invitation to Bid (ITB) No. 39-06/07 MBCC Migration Project January 16, 2008 Page 6 of 8 BID TABULATION: Contractor Lump Sum Bid Thermal Concepts, Inc. $1,110,000 Siemens Building Technologies $1,280,951 Thermal Concepts Technical Support Program Per month x 12 months Year 1 $7,400 Year 2 $9,200 Year 3 $9,200 Siemens Building Technologies Technical Support Program Year 1 Year 2 Year 3 Per month x 12 months $8,655 $9,088 $9,542 Yearly Total $88.800 $110,400 1 $110,400 1 Yearly Total $103.860 $109,056 $114,504 NOTE: The Technical Support Program becomes effective after the initial one (1) year warranty/guarantee for all products/equipment and labor, which becomes effective upon acceptance at Final Completion of the Project. WHY THERMAL CONCEPTS? Thermal Concepts is a privately held company by the Maurer family since 1983. The company is State licensed, insured, bonded and employs over 300 personnel. They are a Siemens distributor and certified Johnson Controls Installing Contractor. Their recently completed and similar projects include the Turner -Guilford -Knight Correctional Facility in Miami -Dade County. This was a one year project which included a retro -fitted Smoke Evacuation System, which included retro -fitted Building Maintenance System and mechanical equipment. This is a facility with approximately 464,000 square feet, with a cost of $964,000 for controls, and $2,100,000 for mechanical work. They also completed a two year project at Florida Atlantic University Barry Kaye College of Business, which was an expansion and renovation of the existing buildings, and a chiller plant expansion. This project covered approximately 150,000 square feet, and had a contract amount of $275,000. Thermal Concepts has just recently been awarded a contract to provide a system similar to that proposed for the MBCC, for the New World Symphony's expansion project. The cost of this project is in excess of $6,700,000. Another factor considered by the Users Group is that the system proposed by Thermal Concepts will be compatible with various manufacturers' systems, should another upgrade/ migration be required. This will encourage increased competition between more manufacturers, distributors, and their certified installation contractors, should the City have a requirement to issue subsequent bid in the future for another upgrade/migration project. 125 Commission Memorandum Invitation to Bid (ITB) No. 39-06/07 MBCC Migration Project January 16, 2008 Page 7 of 8 Additionally, as part of the Thermal Concepts' presentation, they brought a representative from Cisco to discuss future possibility of a revenue generating, wireless communication system. This proposal, among other things, would allow internet access for exhibitors to streamline business processes by providing anytime, anywhere access to critical information, which can be easily connected to the City's network. Thermal Concepts also proposed to have their Project Manager on site, each morning, to oversee the progress of work, as well as having a Superintendent on site during work hours. This provides a comfort level for the SMG Facilities Manager/Project Manager, as this will significantly reduce contractor response time should emergencies arise. Siemens did not propose details relative to which, if any, of their key personnel would be on-site to address possible emergencies. It should be noted that currently Siemens and SMG have entered into another year of the Technical Service Program, effective November 2007, which Siemens has agreed to honor. SMG will be working with City staff to determine if it is in the City's best interest to terminate the Technical Service Program, and negotiate final payment with Siemens, and negotiate a Technical Service Program with Thermal Concepts for the existing products/equipment, while they are providing the work for the upgrade/migration project. BID PROTEST On December 11, 2007, Siemens Building Technologies, Inc. filed a timely protest. Siemens bid protest addressed the following issues: 1) Siemens claim that "Thermal Concepts' bid was non-responsive"; and 2) "a member of the evaivation team served as a reference for Thermal Concepts". Because Siemens claim of a non-responsive bid dealt with Thermal Concepts' technical compliance relative to the required scope of work/specifications, the Procurement Director requested Thermal Concepts to address the requirement in writing, relative to, "include a new high speed communications trunk to all of the control panels", and Siemens claim that "Thermal Concepts' bid excluded a new high speed communications trunk; rather, Thermal Concepts stated that it would use the existing infrastructure and replace only some of the existing trunk wiring". Thermal Concepts submitted their response relative to the issues above from Siemens, by stating that "We, Thermal Concepts, have not excluded the high speed cabling as part of our bid package'. "In summary, Thermal Concepts is absolutely providing all required high speed communications cabling as necessary to provide complete and functional system". (See Thermal Concepts letter, Attached) On January 4, 2008, the Users Group reconvened, without Angelo Grande, to review Siemens Protest letter, and Thermal Concepts response to said letter. Once the User Group reviewed Thermal Concepts' response to the Protest letter relative to the technical scope of work, they all agreed that the issue had been addressed during the interview with Thermal Concepts during the November 28, 2007 User Group Meeting, and Thermal Concepts had stated at that time they would include the high speed cabling as part of their bid package. 126 Commission Memorandum Invitation to Bid (ITB) No. 39-06/07 MBCC Migration Project January 16, 2008 Page 8 of 8 Relative to Angelo Grande serving on the Users Group and submitting a Performance Evaluation Survey on behalf of Thermal Concepts, and Siemens' claim that "While Mr. Grande may have attempted to evaluate the bids of the offerors fairly and in good faith, there is clearly an appearance of a conflict of interest when one of the evaluators of the bids also serves as a reference for one of the bidders; the conflict raises issues both about the scores that Mr. Grande gave to Thermal Concepts and the effect that Mr. Grande's recommendation may have had on other members of the evaluation team." This issue was addressed when the User Group reconvened without Mr. Grande, and all three other members disputed the claim that Mr. Grande had any effect on them during the scoring and evaluation of the bid evaluation process, as each member conducted their own individual scoring and evaluation of the two (2) bids. There were a few significant reasons why the initial User Group unanimously recommended contract award to Thermal Concepts. (See Commission Memorandum, paragraph entitled "Why Thermal Concepts?"). Based on the above information relative to the issues raised in the Siemens Protest letter, the reconvened User Group unanimously agreed to the same recommendation submitted to the City Manager, recommending contract award to Thermal Concepts, Inc. Attached are copies of the City's response to protests filed by Siemens Building Technologies, Inc. Accordingly, the Administration and the Office of the City Attorney reviewed the issues raised in the protest letter, responded to said issues, and denied same for the reasons set forth in the attached letter. It is important to note that pursuant to Section 2-371(e) of the Miami Beach City Code (the "Code"); the parties to a protest shall be bound by the determination of the City Manager and City Attorney with respect to an issue of responsiveness. The appeal procedures are set forth in Section 2-371(0 of the Code (and are again set forth in the following paragraph below). Siemens Building Technologies, Inc. may appeal my decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, in accordance with the applicable court rules. CONCLUSION Request for Approval to Award a Contract Pursuant to Invitation to Bid (ITB) No. 39-06/07, Migration Project for Building Environmental Monitoring and Control System for the Miami Beach Convention Center, to Thermal Concepts, Inc., in the amount of $1,110,000; and further authorize the use of savings resulting from the award of this contract, to be re - appropriated for the convention center airwall project included in fiscal year 2007/08 capital budget, which funding was previously authorized to fund emergency repairs to the Hall B Electrical Buss Duct. T:IAGENDA120031January 161Regular\ITB-39-O6-07MigrationMEMo.doc 127 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE USE OF SAVINGS RESULTING FROM THE AWARD OF THE MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM CONTRACT (AIR CONDITIONING SYSTEM) FOR THE MIAMI BEACH CONVENTION CENTER TO BE RE -APPROPRIATED FOR THE CONVENTION CENTER AIRWALL PROJECT INCLUDED IN FISCAL YEAR 2007/08 CAPITAL BUDGET, WHICH WAS PREVIOUSLY AUTHORIZED TO FUND EMERGENCY REPAIRS TO THE HALL B ELECTRICAL BUSS DUCT. WHEREAS, on October 17, 2007, the City Commission ratified an emergency contract with Edd Helms Electric, in the amount of $547,865.00, for the manufacture and installation of a new buss duct, and approximately $150,000 in labor and equipment for temporary power in the interim due to the failure of an electrical buss duct in Hall B, which supplies power to six airhandlers in Hall B; two airhandlers in the Hall B lobby; lighting in the first and second level ballrooms; and other ancillary areas; and WHEREAS, this was an emergency situation which needed to be corrected as expediently as possible in order to meet the needs of clients under contract at the MBCC; and WHEREAS, due to the emergency situation, the City Commission authorized the use of Convention Center Airwall Funds for these emergency repairs; and WHEREAS, bids pursuant to Invitation to Bid (ITB) No. 39-06/07, Migration Project for the Building Environmental Monitoring and Control System came in under budget; and WHEREAS, the City Administration believes it to be in the best interest of the Miami Beach Convention Center to re -appropriate savings resulting from the award of the said ITB to be re -appropriated for the Convention Center Airwall Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the use of savings resulting from the award of the Migration Project for Building Environmental Monitoring and Control System Contract (air conditioning system) for the Miami Beach Convention Center to be re -appropriated for the Convention Center Airwall Project included in Fiscal Year 2007/08 Capital Budget, which was previously authorized to fund emergency repairs to the Hall B Electrical Buss Duct. PASSED and ADOPTED this 16th day of January, 2008. ATTEST: CITY CLERK T:IAGENDA12007bd17071ConaentELECTRICAL BUSS DUCT RESOLUTION.doc 128 MAYOR APPROVED AS TO FORM & LANGUAGE OR -- CUTION .6.1"tir/ "1.1"..3 City Attome te THERMAL CONCEPT$. Air Conditioning • Refrigeration • Ductwork • System Controls • Insulation • Electrical 2201 College Avenue Davie, Florida 33317 Broward: (954) 472-4465 • Dade: (305) 940-0381 Fax: (954) 370-6410 CACO 39621 - CSCO 46951 - CGCA 07936 - EC 13002675 Mr. Gus Lopez Procurement Director City of Miami Beach 1700 Convention Center Drive Miami Beach, FI Re: High Speed Communications Response December 11, 2007 Mr. Lopez: This is a response to the protest by Siemens. We, Thermal Concepts, have not excluded the high speed cabling as part of our bid package. In fact Mr. Grande had specifically asked this, during our presentation, if the high speed communications would be provided, and our response was yes it is included. As part of our "Value Added Service" in paragraph 2 it states: "We would re -use all existing infrastructure, i.e. wiring, cabling, conduit, and field devices as needed to make a complete and functional system. Should any damaged cabling, wiring, or conduit be discovered during the installation process we would install new as needed. We anticipate a nominal amount of additional wiring and conduit, from what is existing, that would be necessary to provide a completed system." This simply states we would reuse any part of the infrastructure that is sound and meets the equipment manufacturer's specifications. There is no mention of excluding the high speed cabling from our bid package. Also please find a copy of the Johnson Controls FX -40 technical bulletin attached. As per page 2 under the paragraph titled "Ethernet Communication Port", and page 3 "Figure 2" it clearly shows the Ethernet connections to the devices as well as to the Intranet or Internet. Without the Ethernet high speed communications cabling our supervisory devices would be unable to communicate with each other. Therefore, Siemens protest concerning this matter is unfounded. In summary, Thermal Concepts is absolutely providing all required high speed communications cabling necessary to provide complete and functional system. Should you need any other clarifications please feel free to contact me anytime. Thank you. Sincerely, Diane Fox Controls Division Manager SALES & SERVICE & INSTALLATION Dunham -Bush Authorized Service Steele Control System Authorized Dealer 171 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Manager Tek 305-673-7010, Fax: 305-673-7782 January 7, 2008 Mr. Todd Galimidi, Florida/Caribbean District Manager Siemens Building Technologies, Inc. 10111 Business Drive Miramar, FI 33025 Re: INVITATION TO BID (ITB) NO. 39-06/07 - MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER (the Bid). Dear Mr. Galimidi: The following responds to Siemens Building Technologies' bid protest, dated December 11, 2007, protesting the City Manager's recommendation for award of the above referenced Bid to Thermal Concepts, Inc. Your protest alleges that Thermal Concept, Inc.'s (Thermal) bid was non-responsive because it did not comply with that portion of the Bid specifications pertaining to the installation of a new high speed communications trunk to all of the control panels (See Section 6 at page 159 of the Bid). In support of this, you allege that Thermal's non- responsiveness stemmed from its response in the Risk Assessment Plan and Value Added Service portion of its bid wherein it stated that it would "...re -use all existing infrastructure, i.e. wiring, cabling, conduit, and field devices as needed to make a complete and functional system, should any damaged cabling, wiring, or conduit be discovered during the installation process we would install new as needed. We anticipate a nominal amount of additional wiring and conduit, from what is existing, that would be necessary to provide a completed system." (See Thermal's bid, Value Added Service, Item 2). Notwithstanding Thermal's response above, we disagree with your conclusion that its intention to re -use existing infrastructure means that it has not complied with the portion of the Bid specification requiring a new high speed communications trunk. There is no mention in Thermal's bid response of excluding the high speed cabling from their bid package. Attached please find a copy of the Johnson Controls FX -40 technical bulletin, which was submitted as part of Thermal's bid. As per page two (2), under the paragraph entitled "Ethernet Communication Port," and on page three (3), "Figure 2," it shows the Ethernet connections to the devices as well as to the Intranet or Internet. Without the Ethernet high speed communications cabling, Thermal's supervisory devices would be unable to communicate with each other. 1'2n Additionally, during Thermal's presentation before the user group consisting of City employees and the Miami Beach Convention Center facilities manager, Thermal was, in fact, asked whether it had excluded the high speed cabling as part of it's bid, and responded by stating that the high speed communications was included in it's bid and would be provided. Accordingly, we find that Thermal's bid is responsive, and hereby deny that portion of your bid protest. With regard to the second issue raised in your protest that an appearance of a conflict of interest may have been created by the submittal of a reference for Thermal by an individual who was also a member of the User Group, while we are confident that, from the facts presented, no legal conflict of interest exists, it is nevertheless the policy of the City of Miami Beach to assure the highest ethical standards in its competitive bidding processes. Accordingly, while we do not agree that the mere appearance of conflict of interest would not render Thermal's bid non-responsive, we re -convened the user group on January 4, 2008, without the participation of Mr. Grande. The User Group's new recommendation will be forwarded to me, and I, in turn, will make my recommendation to the Mayor and City Commission at its regularly scheduled meeting on January 16, 2007. You will be advised of my recommendation by the City's Procurement Division. For the reasons set forth above, your protest is hereby denied. You may appeal my decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Flonda, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attomey's fees incurred by the City in defense of such wrongful action. Sincerely, Jorge`M. Gonzale City Manager c: Mayor Matti H. Bower Members of the City Commission Jose Smith, City Attorney Gus Lopez, Procurement Director Raul Aguila, First Assistant City Attorney JMG:R):GL F:1PU RC\$ALL\GUS\Protest\Thermal.doc 1 '1 FACILITY EXPLWRER FX40 Supervisory Controller The FX40 brings a new generation of Web based technology into the Facility Explorer product family. The FX40 manages a network of field controllers using standard communication protocols. It also supports a full set of building automation features and functions specifically designed for commercial facilities, including event scheduling, alarm management, histories, and totalization. The FX40 can support up to 100 field controllers using any combination of N2, LOrNWoRKs®, and BACnet® protocols. The FX40 also provides onboard, hardwired input and output points for direct monitoring of equipment status or analog sensors and control of auxiliary devices or alarms. The FX40 provides a user interface and configuration tool that users can access with a Web browser. Multiple users can concurrently connect to the FX40. Security and presentation preferences are managed through user profiles, logon IDs, and passwords. Remote access is easily achieved from an Internet, intranet, or a dial-up connection. Product Bulletin FX40 Issue Date March 1, 2007 Features and Benefits Figure 1: FX40 ❑ Web -Based User Interface Requires no proprietary or desktop software to access the FX40. A Web browser is ail that is needed. ❑ Adoption of Industry Standard Communication Protocols LI Onboard Configuration Tool ❑ Onboard Inputs and Outputs Allow for the integration of a wide variety of field controllers. This includes Facility Explorer fie;d controllers and controllers provided by others without intermediate gateways or translators. Allows configuration and system diagnosis from any Web browser. Allow direct control of auxiliary devices, which could reduce the number of field devices. 2007 Johnson Controls, Inc. 1 Code No. LIT -12011046 13? Overview The FX40 provides integrated control supervision and network management services for one or more local networks of field controllers and is used to monitor and control Heating, Ventilating, and Air Conditioning (HVAC), lighting, and other electrical systems. The FX40 provides system -wide coordination of field controller activities to improve occupant comfort, reduce energy usage, and optimize operating efficiencies. The FX40 organizes system information into displays, reports, and graphics that users can access from a Web browser. Onboard Inputs and Outputs (I/Os) The FX40 features 10 onboard inputs and outputs for direct control over auxiliary devices, such as temperature and humidity sensors, pressure transducers, alarm indicators, and energy meters. The FX40 I/O complement includes: • four form C Single -Pole, Double -Throw (SPDT) relay outputs rated for 24 VAC/DC @ 2 Ampere resistive each with Light -Emitting Diode (LED) indication • six universal inputs for 10k ohm type III thermistors, 4-20 mA and 0-10 VDC active inputs, or dry contact binary inputs Communication Interfaces The FX40 supports multiple communication interfaces, enabling the FX40 to integrate many different types of field controllers as well as providing different methods of remote access. RS -485 Communication Port The FX40 includes one RS -485 communication port used to integrate either N2 or BACnet Master-Slave/Token-Passing (MS/TP) field controllers. N2 Driver The FX40 includes an N2 protocol driver enabling the integration of a wide variety of N2 field controllers. Supported N2 field controllers include: • Facility Explorer Field Controllers fitted with an N2 Open Communication Card (for example, FX05, FX10, FX06, FX07, FX14, FX15, FX16, or MD20) • Metasys® Application Specific Controller (ASC) devices (Air Handling Unit [AHU], Unitary [UNT], Variable Air Volume [VAV]) 2 FX40 Supervisory Controller Product Bulletin • Metasys System 91 Devices (DX -9100) • Metasys Variable Air Volume Modular Assembly (VMA1400) XTM-105 Extension Modules third -party devices supporting N2 Open protocol (VND) I• • 111 BACnet MS/TP Driver The FX40 includes a BACnet MS/TP driver enabling the integration of BACnet MS/TP devices, which support standard BACnet objects and services. To determine whether a BACnet MS/TP device is supported, compare its Protocol Implementation Conformance Statement (PICS) with the FX40 PICS. This includes the supported BACnet Interoperability Building Blocks (BIBB) and details the level of BACnet conformance. For more information, refer to the FX40 Protocol Implementation Conformance Statement (L1 T-12011047). LONWORKS Communication Port The FX40 includes one LONWORKS FTT-10A port and a LonTalk® device protocol driver that enables the integration of LONWORKS devices, including: • Facility Explorer field controllers fitted with a LONWORKS Communication Card (for example, FX05, FX06, FX07, FX10, FX14, FX15, or FX16) • third -party LONMARK® devices (compliant or certified) Ethernet Communication Port The FX40 includes one 10/100 Mb Ethernet Communication Port supporting multiple protocols, including Transmission Control Protocol/Internet Protocol (TCP/IP) and Hypertext Transfer Protocol (HTTP) for remote Internet or intranet access. In addition, the FX40 includes a BACnet IP driver, enabling the integration of BACnet IP field controllers, which support standard BACnet objects and services. To determine if a BACnet IP device is supported, compare its Protocol Implementation Conformance Statement (PICS) with the FX40 PICS. This includes the supported BACnet Interoperability Building Blocks (BIBB) and details the level of BACnet conformance. RS -232 Communication Port The FX40 includes one RS -232 communication port where you can connect an extemal modem for remote dial-up access. Altematively, you can order the FX40 with a factory -installed modem. Risk Assessment Plan Risk 1: Overhead falling debris, tools and materials from the catwalks located in the Exhibit Hail areas causing possible personal injuries to occupants or personnel below area. Plan to Minimize Risk: The plan to minimize this risk would be place pieces plywood in open areas of the steel grating. We would also rope / tape off the area and post signs warning of possible falling debris. If during an event no Personnel would be not allowed to work in the area and re -directed to other portions of the building. Risk 2: Low hanging piping and equipment located on the catwalk in the Exhibit Hall areas causing personal injury to personnel while working in the area. Plan to Minimize Risk: The plan to minimize this risk would be to require all personnel working in this area to wear hard hats. Mark all areas with brightly colored tape or some sort of marker to prevent possible injury. Risk 3: Very low lighting conditions exist on the catwalk in the Exhibit Hall area. Making it unsafe to work around electrical voltages. Plan to Minimize Risk: The plan to minimize this risk would be to provide portable high wattage lighting in work areas as needed. Risk 4: Possible delays to the schedule due to product lead times from the manufacturers. Plan to Minimize Risk: The plan to minimize this risk we would pre -order all required materials as needed to complete the project in a timely basis. Risk 5: Down time of the major equipment such as the air handling units and chiller plant causing comfort issues in the building. Plan to Minimize Risk: To minimize the amount of down time of the major equipment, all preliminary work will be completed prior to final connection of the field control devices. Leaving the existing equipment to control the equipment until the final cut over is made. This in particular would limit the conversion down time for an air handling unit to an estimated maximum 8 hour period. In the event the unit serving the area to be converted does not have redundant cooling, the final connections would occur during late evening and early morning hours to eliminate the occupant from being too uncomfortable during the conversion period. The chiller plant is the most complex and difficult conversion to accomplish. During periods of the conversion different pieces of equipment will need to be shutdown during the final connection process. During this time period the equipment will be ran in HAND until such time the new controls were enabled. The commissioning process would occur during the late evening and early morning hours as not to interfere with the operations of the facility during normal operating hours. VALUE ADDED SERVICE item 1 Installation of wireless access points that would be connected to the building management system. This would allow on-site personnel to access the building rnanagement system locally through hand held devices. This would prevent wasted time and costs of personnel returning to the building management system workstation located a very long distance from the area of the required information. The access points could eventually be used for public access in the future. Wireless study has already been completed with the access points mapped out to allow for full wireless coverage of the building. Impact: Cost: $ 146,000.00 Schedule: No Impact to schedule Item 2 We would re -use all existing infrastructure, i.e. wiring, cabling, conduit, and field devices as needed to make a complete and functional system. Should any damaged cabling, wiring, or conduit be discovered during the installation process we would install new as needed. We anticipate a nominal amount of additional wiring and conduit, from what is existing, that would be necessary to provide a completed system. Impact: Cost: No additional costs Schedule: No impact to schedule Item 3 If awarded the contract, no additional costs would be required to replace faulty control devices as they are discovered. This would include all valve actuators, damper actuators, or any miscellaneous field control devices that are faulty. This would eliminate any additional costs for change orders to replace the faulty items. Devices to be excluded from this service would be dampers, valve bodies, kWh meters, and wet or dry flow measuring devices. Impact: Savings: $ 65,000 est. in change orders Schedule: No Impact to schedule item 4 We realize service is a key component to the success of any industry and how important responsive service is to your facility. We maintain a seven day a week on-call service technician with a standby engineer for all after-hours service related issues. Aside from providing service for the after-hours service related issues, we also provide remote monitoring services for other customer's facilities, allowing us to be proactive rather than reactive. This service is an alternative choice that we can add to the standard service agreement should you chose to do so. To ensure the highest quality of service, we will provide a 4 hour response time to any building management system service related issues. Should a building management system component fail preventing operation of a piece of equipment, we will make every effort possible to provide a 24 to 48 hour turn around time to replace the failed component in order to return the equipment to operational status. Impact: Cost: No Additional Costs Schedule: No Impact to schedule ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER Brown & Brown of Florida, Inc. 5900 N. Andrews Ave. #300 P.O. Box 5727 Ft. Lauderdale FL 33310-5727 Phone:954-776-2222 Fax:954-776-4446 INSURED Thermal Concepts Inc ArCrete LLC S&R Ribler Property LLC 2201 College Avenue 2201 College Avenue Davie FL 33317 OP ID 12.31 THERM -6 DATE (MMIDDIYYYY) 01/29/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURER C: Phoenix Insurance Company 25623 INSURER 0: INSURER E: Travelers Prop Cas Ins Co 36161 American Guarantee i Liability 26247 Bridgefiald Casualty Ins Co 10335 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I Nit( '4UU'L LTR NSRC TYPE OF INSURANCE GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GENT AGGREGATE LIMIT APPLIES PER: POLICY r1 J ECT n LOC AUTOMOBILE LIABILITY $ X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY C ^J OCCUR I CLAIMS MADE D DEDUCTIBLE X RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER E(MIYEXPIRATION DA (MMIDJY)LIMITS EACH OCCURRENCE UNMAIsC IUHtriltU CO290K1765PHX07 09/04/07 09/04/08 PREMISES (Ea occurence) MED EXP (Any one person) 810697K9295TIL07 09/04/07 09/04/08 AUC930603904 09/04/07 01965974 04/01/07 09/04/08 PERSONAL 8 ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG Emp Ben. COMBINED SINGLE LIMIT (Ea accident) $1,000,000 $ 300,000 $5,000 $1,000,000 $2,000,000 _ $2,000,000 1,000,000 $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC AGG EACH OCCURRENCE AGGREGATE $ $5,000,000 $5,000000 X I TORY LIMITS I ER 0 4 / 01 / 08 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT I $ 500 , 000 $500,000 DES :RIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT ! SPECIAL PROVISIONS *10 days notice of cancellation for non-payment of premium. City of Miami Beach is additional insured with respect to General Liability as required by written contract. CERTIFICATE HOLDER City of Miami Beach 1700 Convention Center Drive Miami Beach FL 33139 MIAMIBE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR RES ATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 COPY m i i rn i beach . con yen jack ir•gh as1>ntheate eP,Miami kink <MO MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER ITB # 39-06107 THERMAL CONCEPTS, 2201 College Avenue Davie, Florida 33317 Broward: (954) 472-4465 • Dade: (305) 940-0381 Fax: (954) 370-6410 SERVICE DEPARTMENT FAX: (954) 472-4425 CACO 39621 - CSCO 46951 - COCA 07936 1' Air Conditioning • Refrigeration • Ductwork • System Controls • Insulation • Facilities Management IDENTIFICATION PAGE Name of Bidder: Thermal Concepts, Inc, Address of Bidder: 2201 College Avenue Davie, Honda 33317 Contact Person email: dtfoxlWthermalconcents.com Phone Number: Broward 954-472-4465 Miami -Dade 305-940-0381 Facsimile Number: 954-370-6410 Service Department: 954-472-4425 Federal Tax ID number: 59-2317557 Declaration of Incorporation: Incorporated in April 1983 Signature of officer of Thermal Concepts, capable of binding said bidder to contractual obligations: nature o hernial C • n •ts Officer Lawrence D. Maurer Printed Name of Thermal Concepts Officer President Title October 24. 2007 Date BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 2 of 62 Table of Contents 1. INDENTIFICATION PAGE... . 2 2. LICENSE AND INSURANCE INFORMATION 4 3. COMPANY CERTIFICATIONS .................. 10 4. SITE SUPERINTENDENT CERTIFICATION............................................................14 5. PROJECT MANAGER CERTIFICATION 24 6. NONDISCRIMINATION DECLARATION 30 7. BID TENDER FORM 33 8. BID BOND....................................................................................... 9. BID FORM .. 37 10. BID SCHEDULE OF VALUES 38 11. TECHNICAL SUPPORT BID39 12. SUPPLEMENT TO BID TENDER FORM ............ 42 13. SUPPLEMENT TO BID TENDER FORM INSERT 1 50 14. SUPPLEMENT TO BID TENDER FORM INSERT 2 51 15. NON -COLLUSION CERTIFICATE 54 16. DRUG FREE WORKPLACE CERTIFICATE . 55 17. ACKNOWLEDGEMENT OF ADDENDA 57 18. SUBCONTRATOR LIST .............................. ... ......... 19. SUBCONTRACTOR LICENSE AND INSURANCE INFORMATION 59 20. EQUIPMENT INFORMATION ......... 62 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 3 of 62 LICENSE and INSURANCE BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 4 of 62 STATF.:OF FLO DAi. :_ w: DEPASLTIEENT HIIiOT� 88gRBTR EC CONSnLLTCT$IZS Bow SEOELD4Ello AeesC Ti ,"�'•` >3NgS 068018650 •CAC034621 .The CLASH A AIR CONDITIONING CONTRACTOR Named below X0 CERTIFIED Under the provisions of Chapter 489 FS. Expiration .date:: AUG 37, 2008 LAWRENCE DAVID - THERMAL -CONCEPTS D67,URER':- 2201 �'.. THERMAL CONCEPTS INC • 9201 COLLEGE AVE PI. ;38317?` DAVI J BID NO. 39-06/07 DATE: 09/24/07 ,TSB WISE GOVERNOR N ECREER TRETART . DIBPIAY'AS REQUIRED•BY t AW CITY OF MIAMI BEACH Page 5 of 62 St ..ROLA 324/1030 Xd w.; • 2201 COLLEGE AVE ,. DAVIE '`r' 1' Efi BU$'INE83•:FFIONEt,�ff763.3S,i X � zri�s' RECE FT FMtsT* 1504FICuoSik*- ro?UHLicvies WArnf Lpra hriia*res •• amyl ero..ca.4...,i„n11NCa!mWnwie.. `•FQRPtItIOP•CC'['oHEg 21.) f,THRUSigel illi*:b;20p•1 . • • • '?::.t.`�r`3:y�.;'''-• tis ti: 41'insilt+.i • • • - : ; r: ' ..•..7Aib,,yRD'ul04/ry"ytb.�-r: 0000Paooap QDUeuu 2't1ot•:b • Uae; •Yf�J'4.7�•i .:.'`'4'-3 • BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 6 of 62 P.O. BOX S917 DAVIE, FL 333145917 E]VAEIYW.7 IMA nC.CEr 1 NAME AND IOMAT1011 OFOUS..TAX.IRLEIPI THERMAL CONCEPTS INC 2201 COLLEGE AVE DAVIE FL 33317 1 CONIBOL NO. TYPE •10008773 REGULAR 1 m1s. TAx • I CODE 08-00009973 05805 CONTRACTOR: HEAT, VENT, AIR PREAT PAST LASS LLS. POSTAGE PAID MINA90EtPENEST /710 9F.GWNN . - . - ENONG ONNUMBER 10/01/2007 9/30/200E1 ('""RIONk9S4-475-4465 i . OLSPJMPOON Reference: M. JESSE MAURERR MAITJNG.AOOIRSS • : THERMAL CONCEPTS INC 2201 COLLEGE AVE DAVIE FL 33314 1.,11...11...11...:111.. irk1...I..l1.,t..1..11.0 ,11:1:1,1 r BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 7 of 62 AMNIA. CERTIFICATE OF LIABILITY INSURANCE °O"°R1DG o; �py� I TI#! CERTIFICATE 1818549D A6 A N Brown i Brown Of Florida, Inc. j ONLY AND CONFERS NO RIGHTS UPON TN! CERTIFICATE 5900 N. Andrews Ave. 8300 HOLDER. CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COv91A0E AFFORDED BY THE POUCtES BELOW. 51. Lauderdale EZ 33310-5727 Phone: 954-776-2222 Fax:954-776-4446 MIRED 21 Co Z8pZ8�Dr PrcA, LIZ CI��onqqM��pap Inc. gaol. 37vvaalTe !INSURERS AFFORDI{j�+ GOV .4111t 4x xn. u 5600 C;1 Y I NNlm1a ve era Prov Caa ins �o eseuRc 441=1••• 440404.4 L.Wat kiev MUER teA�r1.IA eF�.+A. >a d IetEBte THE PCL0tE0 OFI JaW10EL*I91 BOW WYE NFBI 1t01..E0 TO TM*MAW MA AROVE FORT16 POUCTMOOD VOt 1031100rme AIOUC ad lmOURe M. nFw10RCOMMON Oruy fnRRACFOR OTN91000UNbIT 1N1111.19111LFIOM1g1 TNI 08/011W7EWV 1E LV1lDOR WY WI WI. TIl WWW! srPCOMD re ME ofacRtleSNIIREDII BINEarto Mt IK TEAM. EMMONSNO CONIXRO160F 9UOl ADGRERCIE ULM GI10E311AY NAW REaK®Nr 3C r 17.11,'�f --^. POLICY 5DERA1 Lout,:i C W1000AEG9aNLWWW/ 12.10,11 *UDE ®OOdA GEwL AGGREGATE IOW ORM ARE 1roucy flwc B X C D x x • OARAOEUARNIY - M(Y UTTO CO29011765P50007 n pL4T vi '4%gaZahT1 RAC 8 25623 36161 26247 10335 EYIa EA01oc0anores 81 000 000 09/04/07 09/04/08 E 66674,6r061,1" IM74,6r 6 E PERSONAS IAN RAW 59.O.ALAOGREOAT1 3 PRODUCTa-COLvuP AGO 3 810697309295TII,07 09/04/07 09/04/08 100.000 5 000 ��uu ��6bo 2 �bO 4000 TrW D.D. 100)00 GSI® 31,000,000 4's •.arEl 00400 w .°E.Y0 1 1NIOFaRV 0AAM4E AERO G1KY• Sok ACCOUNT 3 10116tf1,01 GALS 3 11ROOt5 .2104u......I EACH Oc0AR810E 15,000 000 n.01 AWEAOc930603004 09/04/07 09/06/0818088*5TR 55.00(000 A 3 OCOMME R IWTON LO VaR.IRa CO *flM Y AID TAfLOTIOr Usea1TY 041:0 F_ lARAIRR fi MsAtno01 1L555. OMNI 01965974 04/01/07 X1Tarlrisl 04/01/08 (La./mACOOon- 1500, 000 LLW-Fuo=15�pp-820 O ',014 OF 0PEW11045I 10549010/ ca.j..SI DEW.. n sn.a1.Ys000411sue( I *LruLr1/Wi101a 810 daye notice of cancel. atien for non-payaa1t of premium. LLF_RTIFICATE HOLDER rut INFORMATIO1 ONLY AOORD 25 42001/08) BID NO. 39-06/07 CANCELLATION Y WOW. *1004 TIE ABOVE 014104000 PO44001411 CWICCI O /WORE nE 00.400 OATC,HEAEDY.m1MONO MAW WLE 410MVO11TO WL OMR MMTER NO1c1 To TIE 0 m.n8 re N.:1.M ROAM TO TIE LST, ECTFAEIE TO 0010ROLL /WOa! 110 000424I0410A LLIaWIY OF WY IMO NON WC MOM RR ARMY. CR M MERUNIATI RI. .1=1! MTwE �w)S CITY OF M IAMI BEACH DATE: 09/24/07 Page 8 of 62 O AGGRO CORPORATION 1988 IMPORTANT If the cerVficata holder Is an ADCITIONAL INSURED, the pollcy(les) must be endorsed. A statement on thLs certificate does not confer rights lo the certl lcate holder in lieu of such endoraernent(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may reaurre an endorsement. A statement on this certificate does not corder rights to the cerdBrata holder In 11ev of sucJh endorsernent(s). DISCLAIMER The Certificate of Insuronne an the reverse side of this form does not conatlhrle a contract between the 'r.;st:Ino Insurer(s), authorized representative or producer, and the certificate holder. nor does I1 adfrrnebvety or negatively amend, extend or atter the coverage aIonded by the policies fisted thereon. ACORO 23 (2021+01) BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 9 of 62 COMPANY CERTIFICATIONS BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 10 of 62 -Lohman Gwent. , IY. Caao60roup 3802 Sum PIin Odve Tamps, R 336Ie-1378 TS erare2211e6 fAX Q136J52276 coivr"slSON October 28, 2003 To VVhOml It May Concern: This Tetter is to verify that Thermal Concepts. Inc. employees have rnmpleted the required factory aulhoraed Measys prod training ceases and that Thermal Canapes, Inc, is an transiting Cantraclbr for Engineered Control Systeme, inc., an Authorized Bulking Cartrol Speciabst for Johnson Contras, Inc. Vey truly yours, JOHNSON CONTROLS, INC. Mac Mclean Amount ececu ive Johnson Cordrois. toe. I'd 8822-T99 (SOE) P. 1 elintev-.Fd 'J uyoC dbO;ZI CO Ba 170 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 11 of 62 0 October 23, 2007 Engineered Control Systems, Inc. 4895 N.W. 79th Avenue, Sidle i I Miami, Florida 33166 Telephone (305) 418-3901 Facsimile (305) 418-8902 Mrs. Diane Fox Thermal Concepts, Inc. 2201 College Avenue Davie, FL 33317 Re: Authorized System Installer Dear Diane, This letter is to verify that Thermal Concepts, Int. employees have completed the required Johnson Controls Institute training for the Facility Explorer product line. The certificates issued by the Johnson Controls Institute to Thermal Concepts, Inc. employees, further verify the successful completion of these training courses. Furthermore, Engineered Control Systems, Inc. is recognized as a Johnson Controls Authorized Building Controls Specialists Distributor. Attached please find a copy of our ABCS Certification. As an ABCS Distributor, we are responsible for providing local training, technical support and inventory to mechanical contractors who are committed to self -performing the sales and service of their temperature controls and building automation projects. Thermal Concepts, Inc. has successfully completed all of the required training and complied with all of the requirements to earn the distinction of being recognized as an Authorized System Installer for Engineered Control Systems, Inc. Sincerely, Engineered Controls Systems, Inc. goita e perezda,a, John C. Pittaluga President { H O c 5... gV � ,� CI � N g 3 4., V)o 0 G E c o �0• . v O G Q'' ^ O G .y., 0 Oc. w O 0 c' -vi C 5 G c .S B G. G CDa `3 Y O E Hc• a 0 4.1.00y. t' y o y rn 0 -d �� e N u o 3 u L �' N W D+ 0 V..0.-. $ C N .+ a N �, cC '; H cHa a... '., '' d v 'n o cid > - " G �" H fT O 4 a. 1 U ' it vp) w "' o. T O •0 O.. may 711:11 t o = os N -d 0 3 0 ,A x . y N - �' DA ^O U „ G. vi p ` ' •-. C G '" 0 ,LA --TP: ° la iv, cr' �.,� aU.° V Dc0 L ^O tiA V o F. sal "x a�d.d-*. v, • ce o�`r EP CG vt r O �j J • 0. " 3 0 p G N L Q) 0 H x L N L O Oy Q 0 --, •-- .--, cd 6NOINB6RINO and UTRITIES DEPARTMENT UNIVERSITY ARCHITECT DIVISION COBa60. ROOM 107 PH: (561) 797-2694 FAX (561) 297-2260 December 6, 2004 To Whom It May Concern: Florida Atlantic University 777 GLADES ROAD P. 0. BOX 3091 BOCA RATON. FLORIDA 33431-0991 Florida Atlantic University has had a controls service agreement with Thermal Concepts since August of 2001. We have recently renewed our serrvice agreement with them. Thermal Concepts has provided us with a commendable level of service. We have become dependant of their ability to provide the right resources in a timely manner. Because of FAU's rapid growth, there are numerous planned outages. Thermal has responded at at times of the day, night and weekends to help us overcome the communications and control issues related to restarting a dark campus. Thermal Concepts also played a major role in our hurricane recovery efforts. They maintained contact with our on-site personnel before, during and after the storm. They were one of the first respondents and maintained their personnel on-site until we were operational. In addition to their commitmentto..FAU, they interfaced well with our other .. contractors helping to sustain a team environment, complete the restoration and reopen the University on schedule. It has been a pleasure working with Thermal Concepts Controls Division. I find our Account Manager, Diane Fox, to be more approachable then most and to be an excellent listener. Therefore, I can confidently recommend them to you as a service provider. Sincerely, Modlin Assistant Director Engineering and Utilities Bou Raton Port Lauderdale Dania Bcaale Davie Jupiter Port Si. Lucie An Equal OppraALOVEqualAccess hulltialcol BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 12 of 62 ChevronTexaco December 6, 2004 To Whom It May Concern: We recently contracted with Thermal Concepts Controls Division to retrofit the Turner - Guilford -Knight Detention Center in Miami -Dade County a 464,000 square foot facility, with the Johnson Controls Metasys system. Thermal Concepts Controls Division has been impressive with respects to their knowledge and professionalism. The size and complexity of the project would be taxing even to the largest of control companies, but tree to fashion Thermal Concepts has proven their abilities time and time again. We are currently in negotistions with Thermal Concepts Controls Division for a five-year service agreement that we feel would be to our benefit due to their responsiveness and technical abilities. It has been a pleasure working with Thermal Concepts Controls Division and we look forward to a continuing a long term workingrelationship. . " ' .. Sincerely, Peter Bryon Director of Sales, Ft. Lauderdale Office BID NO. 39-06/07 CUFF OF MIAMI BEACH DATE: 09/24/07 Page 13 of 62 SITE SUPERINTENDENT BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 14 of 62 Mario Cruz Site Superintendent Mario Cruz is a long time employee of Thermal Concepts, inc. Fiis dedication and commitment to the quality of his work has eamed several accolades from his custorners. Mario has grown technically with the controls division over the years and has attended several in house training courses as well as manufacturer provided training courses. With Mario's vast amount of experience he shares his knowledge with the junior technicians through on the job and in house training. Mario began as an installation technician and had advanced to a senior field supervisor. The projects he had completed ranged from high rise office buildings, elementary schools, and several municipal buildings. What makes Mario in particular valuable to this project is his experience with the Miami - Dade Tumer-Guilford-Knight Detention Center. The project involved upgrading the existing obsolete Johnson Controls DSC -8500 building management system to the Johnson Controls Metasys product line. The project consisted of upgrading all of the controls for the air handling units, variable air volume boxes, chiller plant, and smoke evacuation system. The project was very demanding on meeting scheduled dates of completion for testing and evaluation of the smoke evacuation system. Mario managed at times up to six installation and commissioning technicians and never missing a required deadline. With Mario's experience and training during this period proved to be invaluable to ensuring a high quality installation had been completed. As you can clearly see, Mario's work ethic and dedication will be a valuable asset as the project superintendent for your project. Mario's clear insight to the pitfalls of a project of this magnitude will ensure a cost effective and on time delivery of a high quality finished product. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 15 of 62 MARIO E. CRUZ MORA Thermal Concepts, Inc. Work History Thermal Concepts Inc, 2000 -Present Provide service for BMS controls equipment (i.e. Staefa /Siemens, Johnson, TCS BASYS), New Project Startups and Commissioning, Graphical designs and Programming, Site supervision and project coordination, and Training of new employees Gateway Computers 1993-2000 Provide technical support, data entry, and assisted company technicians with hardware and software technical support. Rolling Hills Hotel and Golf Resort, 1993-1998 During my employment I held several different positions ranging from providing administrative duties to maintenance and finally to computer repair and support. Education • CEU, Johnson Controls, Facility Explorer -Supervisory Controller -Engineering And Setup, 2006 • CEU, Johnson Controls, Metasys Data Management and Generation, 2005 • CEU, Johnson Controls, M -Graphics Development, 2003 • CEU, Staefa Controls System, SMART 11/MS1800 v2.1 combo, 2002 • CEU, Staefa Controls System, MS1800 Installation & Configuration, 2000 • Associate of Science/Computer Electronics from Sheridan Vocational,1999 • Associate of Science/Electronics Technology from Sheridan Vocational,1999 Broward Community College, Central Campus, Davie FL. 1993-1994 • High School Diploma from Hollywood Hills High School in 1993 References Available upon request BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 16 of 62 LJ^HNSON CONTR LS Facility Explorer Supervisory Controller Engineering & Setup r 2.3 CEU Awarded to Mario Cruz BID NO. 39-06/07 DATE: 09/24/07 March 31. 2006 Data CITY OF MIAMI BEACH Page 17 of 62 JOH CONTRI:OLSNSON Metasys Data Management and Generation Course 361 3.0 C.E.U. Awarded to Mario Cruz D.I. DHsasr.rAL.saf comm,., February 251°2005 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 18 of 62 J.' HNSON CON • SLS M -Graphics Development 3.0 C.E.U. Awarded to Mario Cruz ///Jt CalsetTtac Oet°110 2005 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 19 of 62 vi.1, l) du• ,\\1 •iti;::: ::- (.:.:4 Ii..-, , ii %iii, Tai iiija\ �.1.°14 11 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 20 of 62 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 21 of 62 BID NO. 39-06/07 •w 4. Ai4 .q m .4- ,v +, .4 z 4. ta � . id di 110 CITY OF MIAMI BEACH • DATE: 09/24/07 Page 22 of 62 itir •M i �a :44 l A • rs ATiovot Ailc) BID NO. 39-06/07 DATE: 09/24/07 Page 23 of 62 4 CITY OF MIANII BEACH PROJECT MANAGER BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 24 of 62 Neil Caporaie Project Manager Neil Caporale has seven years of experience in designing and managing the installation and service of energy management systems. During this time he has come across lots of obstacles, but has never found one that he could not overcome. Below you will find a list of projects that he has worked on and what was involved in each project. NIH Building 50 in Beltsville, MD: This project was a massive five story research facility. The facility was design for bio -hazard level 4 research. Each room was independently controlled for pressure, by means of supply and exhaust flow taxes. This project was a $3M project which spanned ova- three years. On this project we had an electrical subcontractor and three controls technicians. Due to the large amount of owner changes in room usage there was approximately an additionai $700K in changes that needed to be completed along with the project work. With diligence and cooperation from all the team players we were able to make this project a success for all involved. Fairways Office Building t and I1 in West Pam Beach, FL: These projects were each $120K shell office buildings that were built two years apart. Over the last four years we have worked closely with the management company to continue to perform build out and changes to the system along with periodic services to make sure all the sensors and controllers are operating properly. In total each building generated approx. $100K in revenue from the build outs. On these projects I managed an electrical subcontractor and one technician. Florida Atlantic University: I have completed several projects at FAL) over the last four years. Some projects were retrofits and others were new construction_ Some of the projects completed were Building 8, 36, 86, 87, 89, and a chiller plant renovation. These projects in total were approximately $500K On these projects we provided all the pipe and wire with a team of two installers and one technician. Tumer Gilford Knight Correctional Facility: This was a $1 M project over two years in which I managed a team of five to six installing technicians along with one site supervisor in the replacement of an old Johnson DSC control system with a new NCM. This project involved tight time constraints as the facility was occupied and we were only allowed two weeks to complete the renovation work in each cell block. Additionally the building was under fire watch during this time period so we knew we needed work as quickly as possible to alleviate the burden from our customer and aid in the safety of the inmates. Dade County Schools: We have completed eight Dade County schools over the last two years for a grand total of $1.2M. These schools were all built on tight project schedules and we needed to work closely with the General, Electrical, and Mechanical Contractors to ensure the schools opened on time. I used an electrical subcontractor on these schools and had a lead technician assigned to each project to ensure it was completed smoothly and without delay. Ft. Lauderdale Beach Hilton (Q -Club): This was a thirty story high rise with an EMS system on all the common area equipment. In addition, we provide all the low voltage wiring for the hotel room thermostats. This was a $200K project that was spread over two years. We provided all conduit and wire orrthis project using three instaliers and one technician. Neil is a firm believer in keeping the assigned personnel consistent project and ensuring everyone is aware of the entire scope of work to minimize down time and cost. This prevents the smallest item of the project from falling through the cracks. Neil makes an asserted effort to pre- plan the projects eliminating wasted time and costs during the project. His efforts allow for a smoothly run project allowing for those unforeseen obstacles which may impact a project. Neil's strong belief in consistency with his personnel on projects ensures the highest quality possible for his projects. BID NO. 39-06/07 DATE: 09/24/07 CITY OF MIAMI BEACH Page 25 of 62 Education: Lafayette College, Eason PA Degree Awarded 2000 Neil Robert Caporale Thermal Concepts, Inc. Bachelor of Science Major Mechanical Engineering Experience: 2002 -Present Thermal Concepts, Inc. Davie, FL Project Manger. Responsible for proper design and implementation of energy management systems. Projects range in size from $10K to $1M and the types of buildings range from office space, to schools, to pharmaceuticals. Daily tasks include management of 12 technicians to meet project schedules and service needs, project pricing, labor forecasting, budget reviews and cost analysis. 2000-2002 Siemens Building Technologies Beltsville, MD Project Engineer I: Responsible for proper design and installation of cornplete building automation systems. Daily tasks include system design, product selection, labor and material budgeting, managing field personnel, and pricing change orders. Projects at Dulles International Airport included new installation of HVAC control systems at the Airfield Vaults. Airfield Rescue and Fire Facility, Midfield Boiler, Parking Garages, and Dock 4 Renovations. Other projects included National Institute of Health Bldg 50, The Field School, Wolf Trap Education Center. Projects ranged in sale price from $25K to $3M. 1997-1999 Bristol Myers -Squibb New Brunswick, NJ Validation Specialist; Performed various tests and wrote reports manufacturing processes. Gained experience in manufacturing systems such as bar code scanners, vision systems, and environmental systems. 1996 Jackson Municipal Waste Jackson, NJ Assistant to senior project engineer. Gathered figures and data for engineering proposals on water conservation measures. Projects: Dade Schools: $1.5M in new construction and renovation to 8 Miami Dade Schools over two years. Systems consisted of variable speed pumping chiller plants, VAV air handling units and pre conditioning coils for outside air. TGK $1 M project for 2 years that included the replacement of an energy management system and a smoke control system for a fully functional Miami Dade prison facility. Air conditioning system consisted of variable speed fans, VAV boxes, supply and retum fans, and smoke control of 52 smoke zones. NIH Bldg 50 A 3 year $3M project for a fully functional bio -level 4 research and testing facility. The building included fume hood control, supply and exhaust flow tracking, and room pressure control. Skills: Computers: Microsoft Word, Microsoft Excel, Microsoft Access, Power Point, AutoCAD, Mechanical Desktop, ANSYS 5.4, and some knowledge of FORTRAN, Basic, Turbo Pascal, and C+. Graduate Classes: Advanced Convection Heat Transfer Certificates: Engineer In Training (EIT), Johnson Controls FX 40 References: Available upon request. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 26 of 62 BID NO. 39-06/07 DATE: 09/24/07 CITY OF MIAMI BEACH Page 27 of 62 BID NO. 39-06/07 DATE: 09/24/07 CITY OF MIAMI BEACH Page 28 of 62 G $4. 3 w czb ta t BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 29 of 62 CITY OF MIAMI BEACH DECLARATION: NONDISCRINMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Thermal Concepts, Inc Name of Company Contact Person: Nan Green Phone Number: 954-472-4455 Fax Number 954-474-0807 E -mall: NGREENfd)THERMALC ONCEPTS.0 O M Vendor number (rf known): Federal ID or Social Security Number: 59-2317657 Approximate Number of Employees in the U.S.: 280 (1f 50 or less, skip to fast page (29), date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union Name (s): Section 2 Compliance Question Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership In the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate. Please answer yes or no to each category. Race X Yes _No Sex X Yes No Color X Yes _No Sexual orientation X Yes _No Creed X Yes _No Gender identity (transgender status) X Yes _No Religion X Yes _No Domestic partner status X Yes _No National origin X Yes No Marital status X Yes No Ancestry X Yes No Disability Yes No Age ,X Yes _No AIDSIHIV status X Yes No height X Yes _No Weight _k_Yes ,No 8. Does your company agree to Insert a similar nondiscrimination provision In any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter Into any subcontracts. X Yes — No BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 30 of 62 Question 2. Nondiscnmination — Benefits for Employees with spouses and Employees with Domestic Partners Questions 2A and 23 shouia be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner be.±eflts. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? X Yes No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners' or to domestic partners of employees? _Yes _No The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained be the employer of at least one of the domestic partners. A Contractor may institute an intemal registry to allow for the provision of equal benefits to employees with domestic partners who do not register their partnerships pursuant to a government body authorizing such registration, or who are Located In a jurisdiction where no such government domestic partnership exists. A Contractor that instates such a registry shall not impose criteria far registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach. U You ansWeted "NP" to both Questions 2A and 28, go to Section 4 (at the bottom of this page), completed and sign the form, filfing in all items requested. rf vpu answered' YES" to either or both Questions 2A and 26, please continue to Question 2C below. Question 2, (continued) C. Please check all benefits that apply to your answers above and list in the "other section any addttlonal benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. Yes for BENEFIT Employees with Spouses Health X Dental X Vision Retirement (Pension, X 401(k). etc.k Bereavement X FamilyLeave X Pareal Leave 1 X Employee p qyr X R�iocatio B 8(I rave! I X Company Discount, x Facilities & Events Credit Union X Child Care Other 1 X Yes for Employees with Domestic Partners X x BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 31 of 62 No, this benefit is Not Offered X x Documentation of this Benefit is Submitted with this Form Note: If you can offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay cash equivalent, submit a completed Reasonable measures Application with ail necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked In Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submt a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes X. No Section 4. Executing the Document t declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that 1 am authorized to bind this entity contractually. Executed this "' day of y1 Signature NGree Name of Signatory (please pit ) Title October in the year 2007 ; at Davie Florida City Slate Director of Human Resources BID NO. 39-06/07 CITY OF MTAYH BEACH DATE: 09/24/07 Page 32 of 62 i. 1 CAddress Avenue Ma Davie. Florafjr� 33317 Coy, Stale, Zip Code 00400. BID/TENDER FORM Submitted: October 24. 2007 Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done: that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and thdt this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to fumish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSYTEM FOR THE MIAMI BEACH CONVENTION CENTER The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to fumish the required Certificate(s) of insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern_ BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 33 of 62 Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: Addendum No. 1, Attached is a Bid Bond [Xj, Cash [ ], Money Order [ ], Unconditional Letter of Credit [3, Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Thermal Conceots. Inc. City/State/Zip: Davie. Florida 33317 Telephone No.: 954-472-4465 Social Security No. or Federal Dun and I.D.No.: 59-2317557 Bradstreet No.: 101943959 (if applicable) If a partnership, names and addresses of partners: BID NO. 39-06107 CITY OF MIAMI BEACH DATE: 09/24/07 Page 34 of 62 (Sion below if not incorporated) WITN SSES: Thermal Concepts. Inc. (Type or Pri t Name of Bidder) C)A (Sian below if incoroorated) ATTEST: M. Jesse Maurer (CORPORATE SEAL) A Secretary Lawrence D. Purer (T a or Print Name Signed Above) Thermal. ,,oncegts. Inc. (Type or Print Name of Corporation) ignatut`e and Title) M. Jesse Maurer (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 35 of 62 BID BONG BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 36 of 62 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Thermal Concepts, Inc. 2201 College Avenue, Davie, FL 33317 as Principal, hereinafter called the Principal, and Ohio Casualty Insurance Company 500 Winderley Place, Suite 200, Maitland, FL 32751 a corporation duly organized under the laws of the State of OHIO as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139 as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid (5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for Miami Beach Convention Center NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed October 24, 2007. Witnesses: Thermal Concepts, Inc. By: Ohio Casualty Insurance Company Alta / -. urphy , ttorney-In-Fact and Fl esident Agent (Seal) (Seal) — CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 39-805 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article RI, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint Gerald J. Arch, Michael A. Holmes, James F. Murphy or Shawn A. Burton of Ft Lauderdale, Florida its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TEN MILLION (SI0,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies, as fully and amply, so all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named anomey(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 20th day of February, 2007. Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 20th day of February, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set any hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. .au. ejav Notary Public in and for County of Butler, State of Ohio My Commission expires Au+tut 6 2007. This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The (ilio Lasualty Insurance Company and West American insurance Company, extracts from which read: Article III, Section 9. , poointmegt n[ Attornes(s-ir+-Fad. The Chairman of the Board, the President, any Vice -President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or hoards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article I11, Section 9 of its Code of Regulations and By-laws and the Company seal may bc affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, bc valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Companies and the above resolution of their Boards of Directors arc true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF,1 have hereunto set my hand and the seals of the Companies this 24 day of October, 2007 S-4300 3/99 Assistant Secretary CITY OF MIAMI BEACH ITB NO. 3946/07 Bid Form/Page 1 of 3 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSYTEM FOR THE MIAMI BEACH CONVENTION CENTER Item No. 1 Qty Lump Sum (Base Bid) Description Migration Project for Building Environmental Monitoring Control System for Lump Sum (Base Bid) of: LUMP SUM (BASE BID) AMOUNT: Written_ One Million One Hundred Ten Thousand Total S 1.110.000.00 Dollars and Zero Cents S 1.110.000.00 . BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 37 of 62 CITY OF MIAMI BEACH ITB NO. 39-06107 Bid Form/Page 2 of 3 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSYTEM FOR THE MIAMI BEACH CONVENTION CENTER SCHEDULE OF VALUES: Bid Amount (A Hall/East Wrap) $ 235,000.00 Bid Amount (B HalUEast Wrap) $ 235,000.00 Bid Amount (C Hall Ballrooms) $ 210.000.00 Bid Amount (D Hall Ballrooms) $ 210,000.00 Bid Amount (West Wrap) $ 220.000.00 NOTE: UPON THE CITY'S FINAL ACCEPTANCE OF EACH INDIVIDUAL AREA LISTED IN THE SCHEDULE OF VALUES ABOVE, THE CITY SHALL AUTHORIZE PROGRESS PAYMENTS (LESS THE 10% RETAINAGE) BASED ON THE CONTRACTOR'S BID AMOUNT FOR EACH AREA IDENTIFIED. NOTE: ONCE THE CONTRACTOR COMPLETES AN INDIVIDUAL AREA, AND THE CITY ACCEPTS THE AREA AT FINAL COMPLETION, THE CONTRACTOR SHALL THEN IMPLEMENT/COMMENCE WITH THE REQUIRED TECHNICAL SUPPORT PROGRAM (TSP), UPON WRITTEN NOTIFICATION FROM THE CITY'S PROJECT MANAGER, OR WITHIN SEVEN (7) CALENDAR DAYS. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 38 of 62 CITY OF MIAMI BEACH ITB NO. 35-06,07 Bid Form/Page 3 of 3 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSYTEM FOR THE MIAMI BEACH CONVENTION CENTER BID AMOUNT FOR TECHNICAL SUPPORT PROGRAM (TSP) Technical Support Program (TSP) 1 Year 1 1 Year 2 1 Year 3 Per month x 12 months 1 $ 7.400.00 x 12 = 1 $ 0``200,00 x 12 = $ 9,286.00 x 12 = Yearly Total $ 88. 800.00 $ 110.400.00 $ 110,400.00 _. NOTE: BIDDERS SHALL SUBMIT WITH THEIR BID OR WITHIN FIVE (5) CALENDAR DAYS UPON REQUEST, A COPY OF THEIR WRITTEN TERMS AND CONDITIONS OF THEIR PROPOSED TECHNICAL SUPPORT PROGRAM (TSP). THE BID AMOUNT AND ALL TERMS AND CONDITIONS OF THE TECHNICAL SUPPORT PROGRAM MAY BE SUBJECT TO NEGOTIATIONS BY THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 39 of 62 Technical Support Program YEAR 1 Year 1 of the Technical Support Program will consist of four quarterly inspections per year and repair labor coverage. Emergency after-hours service related problems are included at no additional cost. This includes holidays and weekends. Materials will not be covered as part of the program for the first year due to the one year warranty on all materials which will cover the material costs. YEAR 2 and 3 Year 2 and 3 of the Technical Support program will consist of four quarterly inspections per year and repair labor coverage. Emergency after-hours service related problems are Included at no additional cost. This includes holidays and weekends. Materials will be covered as indicated below: REPAIR MATERIAL THERMAL CONCEPTS WILL PROVIDE: A. Field Controllers — Alt secondary control devices. S. Supervisory Controllers -Supervisory Controller limited to (1) one device per year. C. Sensors — All resistive temperature sensors, i.e. zone, duct, pipe, and loose mounted, any current, or voltage source field devices, i.e. air flow monitoring stations, liquid flow meters associated with the EMS control system. D. Switches: - All air pressure water pressure flow switches, coil type relays and bases, current transformer relays associated with the BMS control system. E. Power Supplies: - All transformers and DC voltage power supplies associated with the BMS control system. F. Actuators — All electronic actuators whether for valve applications or damper applications BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 40 of 62 Technical Support Program Services to be Performed during Quarterly Inspection AIR HANDLING UNIT CONTROL WORKING FUNCTION • Verify communications from the supervisory controller to the field controller • Verification of fan start -stop control and fan status reporting • Performance verification of the control algorithms as applicable i.e. cooling, heating, static pressure • Verification and calibration of temperature and pressure sensors • Inspect and clean enclosure VARIABLE FREQUNECY DRIVE WORKING FUNCTION • Verify communications from the supervisory controller to the variable frequency drive as applicable • Verify the variable frequency drive programmed settings per manufacturer specifications • Inspect and dean variable frequency drive cabinet ELECTRONIC VAV CONTROL WORKING FUNCTION • Verify communications from the supervisory controller to the field controller • Performance verification of the control algorithms as applicable i.e. cooling, heating, air flow • Verification and calibration of temperature and pressure sensors as applicable • Verification of zone thermostat communication bus as applicable CHILLER PLANT CONTROL WORKING FUNCTION • Verify communications from the supervisory controller to the field controller • Verification of pump start -stop control and pump status reporting • Verification of cooling tower fan start -stop control and cooling tower fan status reporting • Verification of chiller start -stop control and chiller status reporting • Verification of rotation sequence for the chillers, pumps, and cooling tovgers as dictated by the rotation schedules • Performance verification of the control algorithms as applicable i.e. chilled water pressure, condenser water temperature • Verification and calibration of temperature and pressure sensors as applicable • Inspect and clean enclosure LIGHTING CONTROL WORKING FUNCTION • Verify communications from the supervisory controller to the field controller • Verification of lighting schedule as required by the owner • Verification of fighting relay operations • Inspect and clean enclosure SUPERVISORY CONTROLLER WORKING FUNCTION • Verify communications from the supervisory controller to the field controllers • Test battery backup for the Supervisory Controller • Inspect and clean enclosure OPERATOR WORKSTATION WORKING FUNCTION • Verify communications from the supervisory controller to the workstation • Upload database to the archive workstation from the supervisory controllers and perform a database back-up of the building management system • Test remote dialup it applicable • Test auto -paging on an alarm if applicable • Perform file housekeeping on the workstation hard drive • Review workstation building management graphical displays • Review the building management database • inspect and clean the interior components of the workstation, clean the workstation fan, keyboard, and printer once during the quarterly inspection period BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 41 of 62 00500. SUPPLEMENT TO BID/TENDER FORM THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY INFORMATION, INCLUONG ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? Additionally, list below or attached a list of all the names of all individuals team member's included in this bid and their respective responsibility. LicenselCertification#IRegistration# # Years CAC039621 # 24 18:3-0000742 22 08-00009973 1 1A. What business are you in? Air Conditioning 2. What is the last project of this nature that you have completed? (In case of co -venture, list the information for all co -venture) Turner — Guilford — Knight Detention Center Miami -Dade County 7000 N.W. 41st Street Miami. Florida 33166 3. Have you ever failed to complete any work awarded to you? If so, where and why? (In case of co -venture, list the information for all co -venture) No 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, where a claim was made. (In case of co -venture, list the information for all co -venture) BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 42 of 62_ 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: (In case of co -venture, list the information for alt co -venture) 4.1. Suffolk Construction 515 N. Flagler Drive, Suite 500 West Palm Beach, FL 33340 (561) 832-1616 4.2. Coscan Construction 555 Anglers Avenue Fort Lauderdale, FL 33312 (954) 920-1000 4.3. James A. Cummings 3575 NW 53rd Street Fort Lauderdale, FL 33309 (954) 733-4211 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co -venture, list the information for all co - venture) TOTAL DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE PER CONTRACT TO DATE SEE INSERT SHEET 1 (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Yes, Project has been inspected 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. Yes. electrical pontractor for irJ tallation of variable freauencv drives. Electrical contractor will be comoletjna 1 O% or less of the total project. Bar Controls and Electrical Solutions, Inc. Less than 10% BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 43 of 62 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. 8. What equipment do you own that is available for the work? Basic hand tools. bower tools. and laptopst computers will be reauired for oroiect. 9. What equipment will you purchase for the proposed work? Do not intend to purchase any equipment for oroiect 10. What equipment will you rent for the proposed work? Proiect will require multiple lifts. No other equipment should be reouired. 11. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. Neil Caporale — Project Manager Mario Cruz - Superintendent Neil and Mario were both involved with the Miami -Dade Turner -Guilford Knioht Correctional Detention Center oroiect_ The oroiect entailed upgradinp the existing obsolete Johnson Controls DSC controllers to the Johnson Controls Metasys product line. Not onl( did this involve retro -fitting the biglaina jn ianeme(jt system. but also involved retro -fitting the smoke evacuation system. The facility is an $ story buildina with approximately 600.000 sa. ft. The {oroiect consisted of reolacina the controls for (27) twenty seven air handling units. (1951 one hundred and ninety five variable air volume boxes. (11 one chiller plant. (11 one boiler plant. (15) fifteen aenerpl exhaust fans_ (1421 one hundred and fortv two smoke evacuation related pressurization and exhaust fans. Both individuals are well trained with the Johnson controls product line with numerous years of experience in the industry. For this oroiect Mario supervised up to 6 individuals to ensure the timely completion of this oroiect. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 44 of 62 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the Mace of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is Thermal Concepts. Inc. 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). (In case of co -venture, list the information for all co -venture) Corporation 12.3 The address of principal place of business is 2201 College Avenue Davie. Florida 33317 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Lawrence D. Maurer President M. Jesse Maurer Vice President 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. No other organizations BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 45 of 62 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. (In case of co -venture, list the information for all co -venture) No bankruptcy petitions filed 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). (In case of co -venture, list the information for all co -venture) NoClaims Made 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. See insert Sheet 2 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24107 Page 46 of 62 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. (In case of co -venture, list the information for all co -venture) No proceedings pending past or present 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. (In case of co -venture, list the information for all co -venture) No disbarments or suspensions 12.11. Under what conditions does the Bidder request Change Orders. Chanae order reauests would only occur should the scope of the work chance i.e. additional eauioment. or buildinas added to the existing Building management system not mentioned in the original scooe of work. Should there be a repjest to chanae any seauencina of operations from the oriainal scope of work or araohical representation chances once the submittals had been approved. 12.12 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. BID NO. 39-06107 DATE: 09/24/07 Lawrence D. Maurer President M. Jesse Maurer Vice President CITY OF MIAMI BEACH Page 47of62 12.13 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. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO REQUEST ADDITIONAL INFORMATION, BEYOND THAT CONTAINED IN THIS QUESTIONNAIRE, THAT MAY BE REQUIRED TO PROPERLY EVALUATE THE APPLICANT'S QUALIFICATIONS. FIRMS THAT FAIL TO SUBMIT ALL THE INFORMATION CONTAINED IN THIS QUESTIONNAIRE OR ANY OTHER INFORMATION REQUESTED BY THE CITY OF MIAMI BEACH. PROSPECTIVE BIDDERS ARE HEREBY ADVISED THAT IT WILL BE THEIR RESPONSIBILITY TO COMPLY WITH ALL FEDERAL AND STATE OF FLORIDA STATUTES AND REGULATIONS GOVERNING THIS TYPE OF PROJECT. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 48 of 62 WITNESS: Signature IF PARTNERSHIP: Print name of Firm Print Name Address By: General Partner Print Name TN( IA, Signature Gina Lixie Print Name By: Presi nt (CORPORATE SEAL) Atte IF CORPORATION: BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 49 of 62 Thermal Concepts. Inc. Print name of Corporation 2201 College Avenue Davie. Florida 33317 Address Secretary NAME OF PROJECT LITTLE HAITI FAU STUDENT ACTIVITY JADE OCEAN AVENTURA MALL EXP PROMENADE TRUMP HOLLYWOOD FHP STATION RENOVATION W1 SCHOOL NEW WORLD SYMPHONY TOWN CENTER ONE PENINSULA II KING COLE CONDOS Tropical Federal BMS Retro -ft and VFD Retro -fit AMEX BPS AIR COMPRESSOR BID NO. 39-06/07 OWNER'S NAME AND PHONE NUMBER Pirttle Construction 954-797-0410 Plrttle Construction 954-797-0410 Coscan Construction 954-620-1000 James A Cummings 954-733-4211 Costal Construction of the Palm Beaches 561-733-1894 Costal Construction 305-559-4900 Spec Ops, LLC 954-474-0775 Suffolk Construction Company, Inc. 561-832-1616 Facchina- Mc Gaughan, LLC 954-771-6677 Dadeland Parcel "C" LLC Gryphon Construction King Cole Condo Association 305-866-1441 ACOSTA & VALDES LLC 305-261-6724 AMERICAN EXPRESS, INC. 954-520-4179 INSERT 1 TOTAL CONTRACT VALU E $88,250.00 $87,728.00 $180,000.00 $12,500.00 $158,818.00 $186,651.00 $53,825.00 $256,528.00 $400,000.00 $52,000.00 $73,573.00 $52,000.00 $80,100 $38,000 CITY OF MIAMI BEACH DATE: 09/24/07 Page 50 of 62 DATE OF COMPLETION PER CONTRACT February 2008 November 2007 January 2009 December 2007 February 2009 % OF COMPLETION TO DATE 70% 85% 10% 50% 10% June 2009 0% January 2008 August 2008 February 2010 January 2009 30% 10% 0% 0% December 2007 80% January 2008 December 2007 November 2007 50% 25% 25% INSERT 2 Informal administrative hearing Re: Broward County, Florida Notice of Intant to Debar Thermal Concepts, Inc. May 2603. Explanation: TCI received a Notice of Intent to Debar from Broward County alleging as the basis of the potential debarment that TCI had deliberately failed to fulfill SDBE requirements for two contracts with Broward County. TCI submitted documentation demonstrating that its failure to fulfill the requirements was not intentional (including a letter from its SDBE subcontractor stating that the subcontractor was unable to perform) and also reinforced an existing company wide policy of monitoring contracts for compliance with SDBE requirements by preparing a new policy manual for its project managers. After reviewing all the facts, Broward County determined that TCI did not willfully fail to comply and so took no action against TCI. Island Air & Associates. Inc. v. Thermal Concepts. Inc. Ohio Casualty Insurance Company and Travelers Casualty and Surety Comoanv of America Case No. 04-14304 (08) (Lake Forrest Elementary School) and Island Air & Associates. Inc_ v. Thermal Concepts. Inc. Ohio Casualty Insurance Company and National Union Fire Insurance qom n of Pittsburgh PA Case No. 04-011812 (13) (Broward County High School III) and Island Air & Associates. Inc. v. Thermal Concepts_ Inc. Ohio Casualty Insurance Company and Fidelity and DPppsit Coma n1( of Mayland and Zurich American Insurance Company (Broward County High School GGG) Case No. 04-011814 (14) and Island Air & Associates. Inc. v. Thermal Concepts. Inc. Case No. 04-011810 (12) (Broward County Middle School LL) Explanation: Island Air was a subcontractor to TCI on several projects. Island Air was unable to perform its contractual duties and TCI was forced to complete Island Air's work. Island Air filed multiple suits (referenced above) and TCI and its sureties claiming that it was owed money for work performed on various projects. TCI obtained a final judgment against Island Air and a dismissal of Island Air's affirmative claims in one of the above cases and thereafter Island Air dismissed the remaining cases with prejudice. Thermal Concepts. Inc v. IVAX Research. Inc_ f/k/a American Health Products Corporation and Construction Management Alliance. LLC Case No. 04-22028 CA 27 (project to make improvements to WAX property located at 8800 NW 36th Street Miami, Florida) Explanation: TCI filed suit for non payment and the case was settled with IVAX making payment to TCI. BID NO. 39-06/07 DATE: 09/24/07 CITY OF MIAMI BEACH Page 51 of 62 Suffolk Construction Comoanv v. CABI Aventura Offices v. Suffolk Construction Comoanv. Inc. v. American Engineering and Development Corn.. Aurora Plumbing Corn.. Langer Electric. M. Garcia and Sons. Hartford Casualty Ins. Co.. Professional Plastering and Stucco. Inc_. Southern Fire Control. Tata Construction and Thermal Concepts. Inc. Case No. 0416566 CA 24 (Cabi Aventura Office Building) and Thermal Concepts, Inc. v. Fidelity and Deposit Company of Maryland and XL Specialty Insurance Company Case No. 05-001673 (18) (Cabi Aventura Office Building) Explanation: TCI was a subcontractor to Suffolk, the general contractor. Suffolk filed suit against the project owner, CABI, and included in that lawsuit subcontractors that were still owed money including TCI. This was done as a strategic move by Suffolk to attempt to not have to defend against multiple subcontractor suits which Suffolk knew would be filed since it had not paid its subcontractors as a result of its dispute with the owner and the owner's non payment. TCI separately filed suit against Suffolk's bonding companies, Fidelity and XL Specialty, for non payment. Both suits were settled with TCI receiving payment for work performed. Thermal Concepts. Inc. v. Collaae Desion and Construction Group. Inc. and United States Fire Insurance Company Case No. 0515224 CA 27 (Design -Build New State School "Z-1" Addition at Miami Heights Elementary School) Explanation: TCI filed suit for non payment, was thereafter paid and the case was dismissed. Thermal Concepts. Inc. v. J&A Mechanical Inc.. Case No. 05-009467 (03) (Seminole Hard Rock Hotel and Casino) Explanation: TCI filed suit for non payment and obtained a judgment against the Defendant which TCI is seeking to recover. Thermal Concepts. Inc. v. IVAX Research. Inc. American Health Products Corporation and Construction Manaaement Alliance Case No. 05-1429 (81) (project to improve IVAX property located at 50 and 100 NW 176111 Street, Miami, Florida) Explanation: TCI filed suit for non payment and the case was settled with payment being made to TCI. Thermal Concepts. Inc. v. SBR Joint Venture and National Union Fire Insurance Corrpany of Pittsburah. PA Case No. 05-01324713 (Broward County High School 111) Explanation: Thermal Concepts, Inc. ("TCF') filed suit against SBR and its surety for non payment to preserve its bond rights, however, TCI has not actively litigated the case and instead has chosen to allow SBR time to seek payment from the owner of the project. SBR has recently BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 52 of 62 informed TCI that final payment will be made shortly. The case will be dismissed upon receipt of final payment. Alfred and Sandra Geller v. Aventura Land Holdif9, Ltd.. Swerdlow/Boca Develq ers. Gryphon Construction. Miller & Solomon General Contractors, Thermal Concepts. Inc.. Caulev Construction. Inc. Southern Paintina. Inc. and Cohen Freeman Encinosa & Associates. Inc. Case No. 06-09739 CA 06 (Hamptons South Condominium Project, Aventura, Florida) Explanation: TCI was a subcontractor on a condominium project. The owners of one unit filed suit against the developer, the contractor, the architect, engineer and several subcontractors (including TCI) alleging defective construction. This suit has been turned over to TCI's insurance carrier and is no longer being handled by this firm, however, prior to.this firm turning the case over to insurance counsel this firm was able to preliminarily determine that the allegations of defects in TCI's work were without merit. The case remains pending. Thermal Concepts. Inc. d/b/a Arcrete Architectural Precast v. Travelers Casualty and Surety Company of America Case No. 06-012214 CACE 18 (City of Boca Raton Wesiern Library) Explanation: TCI was a subcontractor on a project to construct a new library for the City of Boca Raton. After the City terminated the general contract, South Florida Construction Services, TCI filed suit against SFCS' payment bond surety for non payment for work performed. The suit remains pending. BID NO. 39-06/07 DATE: 09/24/07 CITY OF MIAMI BEACH Page 53 of 62 00520. SUPPLEMENT TO BIDITENDER FORM NON -COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 24 th day of October . 2007. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number. Bid No. 39- 6/07. Si >(lPit re Lawrence D. Maurer Print Name President TITLE (IF COPORATION) BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 54 of 62 00530. SUPPLEV(ENT TO Bp/TENDER FQRM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance .is prohibited in the offerors workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; , (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 55 of 62 (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). 1\\ (Bidder''Signature) Thermal Concepts, Inc. (Print Vendor Name) (7) STATE OF �Gr COUNTY 6 -- CCwcy(C k. The foregoing instrument was acknowled ed before me this day of --�c m , 2O \ , by k_ r ��r.�zs� r� as (name of person whose signature is being notarized) " T� , Y -c 1(( (title) off\- .+r -mal Co V, c (name of corporation/cdmpany) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. TAFJBLIC: Signature) (P Tnt Name) My commission expires: ,7-3-) a UU ocerr Poo( GINA LIXIE MY COMMISSION # UD 299466E EXPIRES; May 4, 2008 R.,MrmelliwtiRudpN Notary Services BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 56 of 62 04000. ACKNOWLEDGEMENT OF ADDENDA Invitation for Bid No. 39-06107 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER Directions: Complete Part I or Part H, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated October 18. 2007 Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Thermal Concepts Inc Bidders- Name BID NO. 39-06/07 DATE: 09/24/07 CITY OF MIAMI BEACH Page 57 of 62 Date October 24,2007 Date 06000. SUB -CONTRACTOR LISTING INFORMATION BID NO. 39-06/07 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER SUE -CONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor Work to be performed Name: Bar Controls & Electrical Solutions % of Work to be performed Installation and retro -fit of Tel: 954-587-7226 the variable frequency Less than 10% of project drives Fax: 954-587-7663 BID NO. 39-06/07 CTdTY OF MIAMI BEACH DATE: 09/24/07 Page 58 of 62 SUBCONTRACTOR LICENSE and INSURANCE BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 Page 59 of 62 •••• .• 14% ,n • _ • rL STATOOFFLOBB,A CtPAP7=XT 0, TIZSTMIXO AND PeTOPSSOLONAL P.R47LAT:C-N e.,EctiaCAL MN:RA=7ms LtempLlum ImARa !MI./Sr-4 h ?•!.: Gelf•15 Lagaiiiiiac,-LICIMME MAK --- „t5121i1306101437043 The tLICTkttxt. tOrnagron Neoe0 Wm.* MA5 RSWITIPSD Under th. previeloup of toepeme 4t0 1:,*irotics4 AM 11. 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LrM-Jfil."s ritrrt W.. :a'L.I.LH € .c•:`.Ie•k..7.711.-.: ?i'-1634 '�i=o w7f 4..0 ' i LSC'aCR. • L 11t/asfi RP •rirrte *ns.sir■ L WWI •••••••••••re.....:.... .::: x.' . J. rr - +Y eh .'1 M1, r a. as, as ••a. 1,..3 s -r 1 •k,. wn •••11. MM. n. YAu& 435 v,. .e..r.. . •• !' L1. 11 f 4 a•de .41.1••••••11. • •'r .M .. • • r. ma M •.n M. MSS Y�J�S ` . 1:•Sii�'Y jii. :"7 i:•'/L. w+.+"•e .w ...�. .M;.-., ,... s.•ef.a.e- .rr.. .•. lar r" ILs,s.wr it* trio 14,l'7 .404pe:•'••/:i HI mit. Pl. Sal Sr—LIi7 L:RIAR•'�MIKii.*^ei . BLD NO. 39-06/07 DATE: 09/24/07 F.L.• Sins :L.y CITY OF MIAMI BEACH Page 61 of 62 x J.: vllit '•'ril M,'01.0"4.** i.M BID NO. 39-06/07 DATE: 09/24/07 EQUIPMENT INFORMATION CITY OF MIAMI BEACH Page 62 of 62 FACILITY EXPL ER FX Server The Facility Explorer FX Server is used to expand the capabilities of the FX40 Supervisory Controller (FX40). The FX Server can be used to coordinate the integration of multiple FX4Os together on a single project. The FX Server can also collect and store large amounts of information, such as alarms, events, and histories from one or more FX40s. The FX Server provides a graphical user interface and configuration tool that users can access with a Web browser. Multiple users can concurrently connect to the FX Server. Security and presentation preferences are managed through user profiles, logon !Ds, and passwords. Remote access is easily achieved from an Internet, intranet, or a dial-up connection. Product Bulletin FX Server Issue Date March 15. 2007 Features and Benefits ❑ Integrates Multiple FX4Os Together via Hub, Local Intranet, or the Internet CJ Centralizes Enterprise -Wide Information C] Provides Large Storage Repository for Alarms, Events, and Histories D Runs on a Third -Party Server Hardware Platform ❑ Web -Based User Interface Figure 1: FX Server CD Expands the application possibilities of the FX40 to include projects requiring more than 100 field devices or projects involving multiple buildings Provides a single access point for a project consisting of multiple FX4Os Allows large amounts of historical information to be accessed and archived Provides a choice of hardware platforms based on specific project and performance requirements Requires no proprietary or desktop software to access the FX Server. A Web browser is all that is needed. 0 2007 Johnson Controls, Inc_ Code No. LIT -12011122 Overview The FX Server is a software package that resides and runs on a third -party server hardware platform. It is used to coordinate the integration of multiple FX40s on a single project The FX Server centralizes the graphical user interface, data storage, alarm management, and event scheduling for all connected FX40 Supervisory Controllers. Common Applications The FX Server is used to expand the application possibilities of an FX40. Use the FX Server for the following common application examples: • A large building, requiring more than the 100 device capacity of a single FX40. You can network together multiple FX40s, each supervising a section, floor, or wing of the building, via a hub or over the intranet to support the required number of field devices. Then you can use the FX Server to centralize the user interface, schedule, and work with alarms, events, and history storage for the entire project. • A collection of buildings, such as a school district, requiring centralization of multiple, remotely located FX40s. You can network together multiple FX40s, each supervising an entire building, over the Internet. Then you can use the FX Server to centralize the user interface, schedule, and work with alarms, events, and history storage for the entire project. • A project requiring additional performance from a single FX40. You can use the FX Server to connect to a single FX40 to: • increase the alarm, event, and history storage capacity of the FX40 • allow an unlimited number of concurrent users to access the FX40 • provide additional storage space for graphics System User Interface The FX Server System User Interface (Ut) (Figure 2) provides the user with system -wide monitoring and controlling capability. The FX Server provides an embedded UI that allows users to access the system from any point in the supervisory network via a Web browser. System Administrators can format the UI according to specific user preferences. The presentation of the information can be as rich as needed to support a variety of user interface hardware (computer, Personal 2 FX Server Prcduct Bulletin Digital Assistant JPDAj, or cell phone). For a richer user interface experience, the FX Server incorporates a full library of Heating, Ventilating, and Air Conditioning (HVAC) equipment and control symbols, ductwork and piping symbols, and animated graphics. Figure 2: FX Server User Interface FX Server Features Centralized Event Scheduling For projects consisting of multiple FX40s, the FX Server can operate as a centralized interface to all connected FX40 schedules. Schedules can either be exported from the FX40s to the FX Server or imported from the FX40s to the FX Server. The Schedule Export or import Manager provides the ability to determine when the schedule synchronization occurs. The FX Server Ul provides the same visual method to configure the schedule time and date as the FX40 UI (Figure 3). Figure 3: Event Scheduling History Archiving The History Archiving feature allows the automatic transfer of Histories from one or more FX4Os to the FX Server. Archiving Histories to the FX Server is useful when long term or large capacity storage of History records is required or when a project consisting of multiple FX4Os requires centralized storage. Histories can be either exported from the FX4Os to the FX Server or imported from the FX40 to the FX Server. The History Export or Import Manager provides the ability to determine when the archiving process is executed. The FX Server UI displays the data either graphically (Figure 4) or in a sortable table. Users can also export stored data in a bit, PDF, or CSV format. •11r1:,.•00 11•11,11•16 olio mum mem LIMN 1 EXPI ft$: Figure 4: Histories Alarming The FX Server provides an additional alarm routing option for one or more FX40. You route alarms to the FX Server if there is a requirement for long-term storage capacity of alarm records or if a project consisting of multiple FX4Os requires centralized alarm management. The FX Server UI provides users with a variety of options to manage alarms, including sorting, acknowledging, silencing, and tagging (Figure 5). Users can also export alarm records in a TXT, PDF, or CSV format. o.h1!:,....118•••••••••••11.1101•• 110 I ,...., EKPL ,RER reg • Figure 5: Alarms Enterprise Connectivity Station Pack The Enterprise Connectivity Station Pack (ECSP) is a license that enables FX4Os to share data with each other and the FX Server. One ECSP is required for every FX40 requiring data sharing. The ECSP can be purchased in one of following ways: • as a separate item, for field downloading to an existing FX40 • as a factory installed option on a new FX40 Software Upgrades Each FX Server includes a 1 -year software maintenance agreement. This agreement provides the ability to upgrade FX Server with any new or interim service releases for 1 year from the date of purchase. With this agreement, the FX Server can be upgraded as few or as many times as desired during the 1 -year period. Once the software maintenance agreement expires, you can order additional upgrades. See Ordering Codes for details. FX Server Product Bulletin 3 Ordering Codes Table 1: FX Server Ordering Information Part Number LP-FXWS-0 LP-FXWS-6 LP-FX4OCN0-0 LP-FX4021 A-0 LP-FX4023A-0 LP-FXSWMA-0 LP-FXSWUPG-0 Description FX Server software on. CD-ROM. Allows integration of an unlimited number of FX40s. Includes FX Workbench and a 1 -year software maintenance agreement FX Server software upgrade on CD-ROM. Used to upgrade any copy of FX Server within the software maintenance agreement period. License file for enabling one FX40 with Enterprise Connectivity Station Pack. FX40 factory loaded with Enterprise Connectivity Station Pack License. FX40 with internal modem, factory loaded with Enterprise Connectivity Station Pack License. License file enabling 1 additional year of software maintenance for one copy of FX Server. License file enabling a one time software upgrade for one copy of FX Server. Platform Requirements Processor Operating System Web Browser Intel® Pentium® 4 processor, 1 GHz or higher Microsoft® Windows NT® Version 4.0 with SP 4.0 or later Microsoft Windows® 2000 Microsoft Windows XP Professional Internet Explorer Version 5.0 or later Netscape Communicator® Version 4.5 or later Memory 1 GB minimum Hard Disk 1 GB minimum, 5 GB recommended Network Ethernet 10/100 MB with RJ -45 connector Support Modem 56 KB minimum, full time high speed ISP connection recommended for remote site access (DSL, T1, cable modem) @i• Powered by FRAMEWORK" JOHNSON CONTR LS Controls Group Global Headquarters 507 E. Michigan Street P.O. Box 423 Milwaukee, WI 53201 Published in U.S.A. and Europe FX Server Product Bulletin 4 FACT LI VZ i EXPL RER FX40 Supervisory Controller The FX40 brings a new generation of Web based technology into the Facility Explorer product family. The FX40 manages a network of field controllers using standard communication protocol& it also supports a full set of building automation features and functions specifically designed for commercial facilities, including event scheduling, alarm management, histories, and totalization. The FX40 can support up to 100 field controllers using any combination of N2, LONWORKs® and BACnet® protocols. The FX40 also provides onboard, hardwired input and output points for direct monitoring of equipment status or analog sensors and control of auxiliary devices or alarms_ TheFX40 provides a user interface and configuration tool that users can access with a Web browser. Multiple users can concurrently connect to the FX40. Security and presentation preferences are managed through user profiles, logon IDs, and passwords. Remote access is easily achieved from an Internet, intranet, or a dial-up connection. Product Bulletin FX40 Issue Date March 1, 2007 Features and Benefits ❑ Web -Based User Interface ❑ Adoption of Industry Standard Communication Protocols ❑ Onboard Configuration Tool ❑ Onboard Inputs and Outputs J 2007 Johnson Controls, Inc. Code No. LIT -1201106 Figure 1: FX40 41:117:tZt71:t I" Requires no proprietary or desktop software to access the FX40. A Web browser is ail that is needed. Allow for the integratioli of a wide variety of field controllers. This includes Facility Explorer field controllers and controllers provided by others without intermediate gateways or translators. Allows configuration and system diagnosis from any Web browser. Allow direct control of auxiliary devices, which could reduce the number of field devices. Overview The FX40 provides integrated control supervision and network management services for one or more local networks of field controllers and is used to monitor and control Heating, Ventilating, and Air Conditioning (HVAC), lighting, and other electrical systems. The FX40 provides system -wide coordination of field controller activities to improve occupant comfort, reduce energy usage, and optimize operating efficiencies. The FX40 organizes system information into displays, reports, and graphics that users can access from a Web browser. Onboard Inputs and Outputs (I/Os) The FX40 features 10 onboard inputs and outputs for direct control over auxiliary devices, such as temperature and humidity sensors, pressure transducers, alarm indicators, and energy meters. The FX40 I/O complement includes: • four form C Single -Pole, Double -Throw (SPDT) relay outputs rated for 24 VAC/DC @ 2 Ampere resistive each with Light -Emitting Diode (LED) indication • six universal inputs for 10k ohm type III thermistors, 4-20 mA and 0-10 VDC active inputs, or dry contact binary inputs Communication Interfaces The FX40 supports multiple communication interfaces, enabling the FX40 to integrate many different types of field controllers as well as providing different methods of remote access. RS -485 Communication Port The FX40 includes one RS -485 communication port used to integrate either N2 or BACnet Master-Slave/Token-Passing (MSITP) field controllers. N2 Driver The FX40 includes an N2 protocol driver enabling the integration of a wide variety of N2 field controllers. Supported N2 field controllers include: • Facility Explorer Field Controllers fitted with an N2 Open Communication Card (for example. FX05. FX10, FX06, FX07, FX14, FX15, FX16, or M020) • Metasys® Application Specific Controller (ASC) devices (Air Handling Unit [AHU], Unitary [UNT], Variable Air Volume [VAV]) 2 FX40 Supervisory Controller Product Bulletin • Metasys System 91 Devices (DX -9100) • Metasys Variable Air Volume Modular Assembly (VMA1400) XTM-105 Extension Modules 1• • third -party devices supporting N2 Open protocol (VND) BACnet MSITP Driver The FX40 includes a BACnet MS/TP driver enabling the integration of BACnet MS/TP devices, which support standard BACnet objects and services. To determine whether a BACnet MS/TP device is supported, compare its Protocol implementation Conformance Statement (PICS) with the FX40 PICS. This includes the supported BACnet Interoperability Building Blocks (BIBB) and details the level of BACnet conformance. For more information, refer to the FX40 Protocol Implementation Conformance Statement (UT -12011047). LONWORKS Communication Port The FX40 includes one LONWORKS FTT-10A port and a LonTalk® device protocol driver that enables the integration of LONWORKS devices, including: • Facility Explorer field controllers fitted with a LoNWoRKs Communication Card (for example, FX05, FX06, FX07, FX10, FX14, FX15, or FX16) • third -party LoNMARK® devices (compliant or certified) Ethernet Communication Port The FX40 includes one 10/100 Mb Ethernet Communication Port supporting multiple protocols, including Transmission Control Protocol/lntemet Protocol (TCP/IP) and Hypertext Transfer Protocol (HTTP) for remote Internet or intranet access. 1n addition, the FX40 includes a BACnet IP driver, enabling the integration of BACnet IP field controllers, which support stanciard BACnet objects and services. To determine if a BACnet IP device is supported, compare its Protocol Implementation Conformance Statement (PICS) with the FX40 PICS. This includes the supported BACnet Interoperability Building Blocks (BIBB) and details the level of BACnet conformance. RS -232 Communication Port The FX40 includes one RS -232 communication port where you can connect an external rnodem for remote dial-up access. Alternatively, you can order the FX40 with a factory -installed modem. Ir nW, Communication Bus ) Ethernet, TCP/IP, XML, HTTP, 0BACwst FX40 FX05 Lonl4c Controllers N2 Communication Bus FX -Workbench Gnat Devices rips. [ONM-\RI< VMA Figure 2: Example of an FX40 Configuration 3 FX40 Supervisory Controller Product Bulletin I UNT TEC FX Workbench FX Workbench is a software application that allows users to configure the FX40. FX Workbench is embedded in every FX40, which means that the FX40 serves up the application for users to access via a Web browser. In addition, you can purchase FX Workbench as a separate software application to reside on a computer. Users can configure the FX40 online while directly or remotely connected with FX Workbench. The computer version of FX Workbench allows users to create an FX40 configuration offline and then download it at a later time. FX Workbench includes many labor saving configuration features such as: • online discovery of LONWORKS and BACnet devices and points • online discovery of N2 devices with assisted importing of N2 points • a check box method to enable and disable point extensions, such as alarms, histories. and totalizations • intuitive managers for grouping points, creating schedules, and linking points • a library of predefined systems, with associated graphics, points lists, and default features System User interface The FX40 User Interface (UI) provides the user with system -wide monitoring and controlling capability. The Ul is embedded in every FX40, allowing users to access the system from anywhere on the supervisory network via a Web browser. System administrators can format the Ul according to specific user preferences. The presentation of the information can be as rich or as limited as needed to support a variety of user interface hardware (computer. Personal Digital Assistant [PDA], or cell phone). For a richer user interface experience, the FX40 incorporates a full library of HVAC equipment and control symbols, ductwork and piping symbols, and animated graphics. 4 FX40 Supervisory Controller Product Bulletin r . Illi v ria Figure 3: Facility Explorer User Interface Building Automation Control Features The FX40 includes a full library of building automation control features, including event scheduling, alarming, histories, totalizations, and miscellaneous control logic. You can apply these features to all data points regardless of their source. Event Scheduling In Event Scheduling (Figure 4), users determine certain scheduling activities like building occupancy and the start and stop times of HVAC equipment based on regular, repeating, or unique events. The user interface provides a visually intuitive method to configure the schedule time and date. • F'r +-1 Figure 4: Event Scheduling Histories The Histories feature (Figure 5) allows the FX40 to collect, store, and display pertinent system data for analysis. This may include control performance indication, energy consumption, and system troubleshooting. Users can configure the FX40 to create a history on any data point in the FX40 system database. The Histories feature presents the stored data either graphically or in a sortable table. Users can export stored data in a TXT, PDF, or CSV format- -a: A . \J4'AP .. f • • I Figure 5: Histories Alarming The Alarm feature (Figure 6) allows the FX40 to initiate, route, and manage alarms and events according to user -defined criteria. Users can configure the FX40 to generate alarms on any data point in the FX40 system database. Each alarm record contains valuable information, including the alarm and return -to -normal time and date, time duration in current state, text description, and alarm class. The alarm class allows the routing of alarms with similar characteristics to common recipients. Users can create multiple alarm classes to have a variety of alarm routing options. Users can configure alarm recipients to receive alarms via a Web browser or e-mail or both. Alarm recipients have a variety of options to manage alarms, including sorting, acknowledging, silencing, and tagging. a I. Figure 6: Alarms Totalization The Totalization feature allows the FX40 to accumulate data on a point over a period of time. Users can add a totalization extension to any data point in the FX40 system database to summarize runtime, to accumulate change of state counts, or to summarize dynamic analog data. Software Upgrades Each FX40 and each copy of FX Workbench includes a 1 -year software maintenance agreement. This agreement allows you to upgrade the FX40 and FX Workbench software with any new or interim service release for 1 year from the date of purchase. Once the software maintenance agreement expires, you can order additional upgrades. See Table 1 for details. FX40 Supervisory Controller Product Bulletin 5 Table 1: FX40 Ordering Information Part Number LP-FX4020A-0 LP-FX4022A-0 LP-FX40MA-0 LP-FX4OUPG-0 LP-FXSSL-0 LP-FXTSUPP-0 LP-FXTSUPP-6 LP-FXSWMA-0 LP-FXSWUPG-0 Description FX40 pre -loaded with FX Workbench, N2 Driver, LoniWoRKs Driver, BACnet IP and MS/TP drivers. (Supports a maximum of 100 devices). Includes a 1 -year software maintenance agreement. FX40 with factory installed modem. Pre -loaded with FX Workbench, N2 Driver, LobiWoRics Driver, BACnet IP and MS/TP drivers. (Supports a maximum of 100 devices). Includes a 1 -year software maintenance agreement One additional year of annual software maintenance for one FX40. Includes new releases and interim service releases for 1 year from the date of purchase. Covers all applications or drivers licensed for the FX40. One time, new release software upgrade for one FX40. Includes all applications and drivers licensed for the FX40. License file enabling Secure Socket Layer (encrypted) communication in one FX40. Enables remote access via https. FX Tools Supervisor Pro Software on CD-ROM: Includes FX Workbench and FX Workbench Pro profiles, and includes a 1 -year software maintenance agreement FX Tools Supervisor Pro Software Upgrade on CD-ROM. Used to upgrade any copy of FX Tools Supervisor Pro, which is within the software maintenance agreement period. License file enabling 1 additional year of software maintenance for one copy of FX Tools Supervisor Pro. License file enabling a one time software upgrade for one copy of FX Tools Supervisor Pro. 6 FX40 Supervisory Controller Product Bulletin Technical Specifications Table 2: FX40 Controller (Part 1 of 2) Product Codes Power Requirements Environmental General Communications Inputs/Outputs Battery Backup LP-FX4020A-0, LP-FX4022A-0 120 VAC, 50/60 Hz 25 VA maximum Lead wires for hot/neutral (wire nut), stud for ground connection Operating Temperature: 32 to 122°F (0 to 50°C) Storage Temperature: 32 to 158°F (0 to 70°C) Relative Humidity: 5 to 95%, noncondensing Motorola® Reduced Instruction Set Computer (RISC) Processor @ 250 MHz Facility Explorer Control Engine with direct I/O support objects 128 MB RAM, 32 MB flash for database backup One 10/100 MB Ethernet RJ -45 connector FCC Class A computing device Wind River VxWorks® Operating System with Jeode® Java® Virtual Machine Facility Explorer Software with I/O control objects One 10/100 Mb Ethernet port -RJ -45 connection One RJ -45 connector for RS -232 port One RS -485 port (up to 57,600 baud) One L0NWORKs port-FTT-10 with Weidmutler co: inector Optional auto-dial/auto-answer 56k modem; RJ -11 connector (uses the RS -232 port when installed) Four form C SPDT relay outputs rated for 24 VAC/DC @ 2 ampere resistive One LED indicator for each relay Six Universal Inputs for 10k ohm Type 111 (10k 4A1-Intemational) Thermistor, 4/20 mA current loop, 0 to 10 volt, or dry contact 12 -bit A/D converter Thermistor Sensor Range: -10 to 135°F (23.3 to 57.2°C). Input accuracy is in the range of ±1 % of span, characteristic curve is customizable 0 - 10 volt or 4/20 rnA accuracy is ±2% of span, without user calibration. Uses an external resistor for current input (four provided). Self -powered or board powered sensors accepted. Dry contacts (on 1)1) 20 Hz max. frequency (25 ms minimum pulse width) 3 V open circuit 300 micro A short-circuit current 20 VDC @ 80 mA to drive 4/20 rnA powered sensors. 24 VDC terminal and external resistor can be used if monitoring contacts that require higher voltages or higher current. All I/O uses screw terminals on 0.2 in. centers Provided for all on board functions including I/O. Monitored and trickle charged. The battery maintains the processor operation through power failures for a predetermined interval, then writes all data to flash memory, toms off the processor, and maintains the clock for a minimum of 5 years. FX40 Supervisory Controller Product Bulletin 7 Table 2: FX40 Controller (Part 2 of 2) Chassis — Housed in Metal Enclosure Agency Llsdng Intended for indoor wall mounting only Cooling: Internal air convection Dimensions: 11 x 14 x 2.5 in. (27.94 x 35.56 x 6.35 cm) Weight Net 4 Ib (1.814 kg), gross 5 Ib (2.268 kg) United States - UL Listed, File E107041, CCN PAZX, under UL 916, Energy Management Equipment FCC compliant to CFR 47, part 15, subpart 5, class A Canada - UL Listed, File E107041, CCN PAZX7, under CSA C22.2 No. 205, Signal Equipment Industry Canada compliant to ICES -003 Table 3: FX Workbench Requirements Processor Intel® Pentium® 4, 1 GHz or higher Operating System Microsoft® Windows NT® Version 4.0 with Service Pack (SP) 4.0 or later Microsoft Windows® 2000 Microsoft Vlbndows XP Professional Web Browser Microsoft Internet Explorer Version 5.0 or later Netscape Navigator® Version 4.5 or later Memory 512 MB minimum Hard Disk 1 GB minimum, 5 GB recommended Network Support Ethernet 10/100 Mb with RJ -45 connector The performance specificadons are nominal and conform to acceptable industry standard., For application at conditions beyond these specifications, contact a Facility Explorer technical support resource. Johnson Controls, inc. shall not be liable for damages resulting from misapplication or misuse of its products. Federal Communications Commission (FCC) Statement This equipment has been tested end found to comply with the limits for a Class A digital device pursuant to Part 15 of FCC Rules. These limits are designed to provide reasonable protection against harmful interference when this equipment is operated in a commercial environment This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instruction manual, may cause harmful interference to radio communications. Operation of this equipment in a residential area is likely to cause harmful interference, in which case the user will be required to correct the interference at his/her own expense. Industry Canada (IC) Statement Thts Class (A) digital apparatus meets all requirement of the Canadian interference -Causing Equipment Regulations. Cet apparel! num€rique de la Glasse (A) respeote Coutes les exigences du Reglement sur le materiel brouilleur du Canada. JOHNSON COkfiR9rPoLS Controls Group 507 E. Michigan Street P.O. Box 423 Milwaukee, WI 53201 8 FX40 Supervisory Controller Product Bulletin Published in U.S.A and Europa FACILITY 0z ER Product Bulletin: FX07 Field Controller Issue Date: March 14, 2007 FX07 Terminal Unit Field Controller The FX07 is a terminal unit controller in the Facility Explorer range of products. The controller is designed specifically for commercial Heating, Ventilating, Air Conditioning, and Refrigeration (HVACR) applications. The controller has 17 physical inputs and outputs and supports a wide range of temperature sensors and actuating devices. Active sensors for the measurement of humidity, pressure, and other variables are also supported. The FX07 also includes an onboard real-time clock to support the start -stop scheduling of equipment and real-time based control sequences. The FX07 has an optional attractive Liquid Crystal Display (LCD) with a set of graphic status icons used in the most common HVACR applications. The controller also supports a remote panel or wall mounted Medium User Interface (MUi). Communication cards are available to enable the controller to be integrated into an N2 Open or Lout WoRKs® network of a building automation system. ❑ Freely Programmable Controller For stand-alone applications, the FX07 Field Controller also features communications services to transmit event notification messages via Short Messaging Service (SMS). Using the FX Tools software package, the FX07 terminal unit controller is fully,configurable for a wide range of commercial HVACR applications. These applications include small refrigeration compressors, close control units, roof -top air handlers, fan coil units, unit ventilators, and chilling or heating ceiling beam installations. 11Mtiiil Figure 1: FX07 Controller and Display Features and Benefits Network Communication Card Options Remote Communication Services Optional Integral Liquid Crystal Display User Interface with Four Control Buttons Analog Outputs with Pulse Width Modulated (PWM) Option Models with Various Output Configurations of Solid -State Triacs and Line Voltage Relays © 2007 Johnson Controls, Inc. Code No. LIT -12011268 • Works with a wide range of HVACR control applications using the extensive programming features of the FX Tools software package Provide cost effective solutions for both stand- alone and network applications Enable automatic reporting of events and alarms by SMS for stand-alone applications Provides onboard user access to the controlled system parameters and dear representation of the application status using alphanumeric display characters and graphic icons Interface to a wide range of actuators and drives Provide cost effective control of refrigeration, unitary, and small air handling unit equipment 1 Onboard Inputs and Outputs You can connect up to 17 physical inputs and outputs to the FX07, including: • four Analog Inputs (Als) (software configurable) - A99 temperature - Ni 1000 temperature - PT1000 temperature - NTC 10 K temperature Ratiometric (0.5-4.5 VDC) - 0-10 VDC • five Digital (Binary) Inputs (Dis) - voltage free contacts - with a pulse counter on Dl1 • six Digital (Binary) Outputs (DOs) (model dependent) - six relays (line voltage contacts) two triacs (24 V), three interlocked relays, one free (high power) relay - two triacs (24 V), four free relays • two Analog Outputs (AOs) (model dependent) - 2 x 0-10 VDC - 1 x 0-10 VDC and 1 x Pulse Width Modulation (PWM) (100 Hz) Integral LCD User Interface The optional integral LCD user interface (Figure 2) for the FX07 features: • two display rows with four alphanumeric characters (13 segment) • blue or red colored background • graphic status icons: compressor, alarm, high pressure, low pressure, maintenance, heat, cool, defrost, and electric heat symbols • key pad with four buttons for user commands • navigation menu for user guidance The integral user interface is fully configurable within the application design and typically provides: • display of status information • display and modification of setpoints • display and modification of configuration parameters 2 FX07 Terminal Unit Field Controller Product Bulletin • display for clearing and acknowledging of active alarms • background lighting with red color when an alarm condition exists Figure 2: Detail of the LCD Remote User Interface The FX07 also supports a remote user interface called an MU) The MUI (Version 3) has a 4 x 26 character, backlit LCD screen, 6 push buttons and 10 status Light -Emitting Diodes (LEDs). The display, including its navigation menu, is completely configurable within the FX07 application design. See Figure 3. The following mounting styles are available: • Panel Mount: Mounts up to 3 m (10 ft) from the FX07 controller. This user interface is powered at 24 VAC or 18 VDC through the FX07. A flat telephone cable is available for the connection of the power supply and data communications to the FX07 controller. • Wall Mount Mounts up to 300 m (1,000 ft) from the FX07. The wall mount user interface must be independently powered. The data communication requires a 3 -wire shielded cable (not provided) for the connection to the remote display to the FX07 controller. Figure 3: Panel or Wall Mount User Interface Communication Card Options You can operate the FX07 as a stand-alone controller, or you can fit the controller with communication modules to allow connection and integration into a supervisory system. Controller models are available that are already fitted with the communication cards. (See Ordering Codes.) N2 Open Network When fitted with an N2 Open communication card, the FX07 controller connects to the N2 Open bus of a building automation system, allowing access to its control system variables and parameters. LONWORKS Network When fitted with a LONWORKS communication card, the FX07 integrates into a LONWORKS compatible building automation system, allowing peer-to-peer communication with other LONWORKS compatible devices and access to system parameters. Communication Services RS -232C Serial Card The RS -232C serial communication card enables the FX07 controller to connect to a Global System for Mobile (GSM) communications modem for event and alarm notification. Short Message Service (SMS) You can program the FX07 Field Controller to send out text messages in SMS format (when connected to a GSM modern with an appropriate transmitter and antenna). Then FX07 can send SMS messages to a telephone service center or directly to a mobile telephone. Messages are sent when an event goes into the active or alarm state and can be directed to a prioritized list of destinations. Real -Time Clock The FX07 controller has an embedded real-time clock that supports all real-time functions. These functions include the display of time and date on the user interface and the time stamping of events. • The real-time clock also enables the time scheduling of start and stop commands and occupancy mode changes to the plant being monitored and controlled. You can configure scheduled commands to execute on one or more days of the week. An exception day calendar allows for alternative time schedules on holidays or during special periods in the year. You can also display and edit time schedules on a remote user interface. The real-time clock continues to run for at least 10 days without power at room temperature. Event Management The FX07 controller detects and displays events and alarms associated with up to 20 data points or variables in the control application. Application events indicate to users that the controlled equipment requires attention or that the controlled conditions are not within the expected limits. Examples of alarms include: • analog value is outside of a desired range • status value represents a condition that is not normal • You can view, acknowledge, or clear active alarms via the integral or remote user interface. The event logs may be viewed on the remote user interface and are available to be read by a supervisory system. Trend Log You can configure the FX07 to record the values of up to four data points at intervals between 1 minute and 1 day. You can view the value on the remote user interface. Room Command Modules Two series of room command modules are available for use with the FX07 controllers' TM Series modules and the Network Room Module (NRM) Series modules. Models in the TM Series (Figure 4) feature an internal temperature sensor and an optional dial allowing the occupant to adjust the temperature setpoint value or request a warmer or cooler setpoint. Certain models also have a dial to enable the occupant to override the speed of a three -speed fan. FX07 Terminal Unit Field Controller Product Bulletin 3 The functions of the push button and LED indicator are configurable within the application. Typically the push button is configured to initiate a temporary occupancy period (at night or weekends, for example) and the LED provides occupancy status indication. The push button and LED indicator are configurable within the application. A typical application configures the push button to allow initiation of a temporary occupancy period (at night or weekends, for example) and the LED to provide occupancy status indication. Figure 4: TM Series Room Command Module The TM Series room command module for North America has the 120 x 80 mm (4.72 x 3.15 M.) enclosure and is marked with dual temperature units (°F and °C). The NRM Series (Figure 5) are intelligent devices and communicate with the FX07 via the serial display bus port. Models in the NRM Series feature an internal temperature sensor and optionally an LCD display and dial allowing the occupant to adjust the temperature setpoint value. Certain models also have a fan button, which allows the occupant to override the speed of a three -speed fan. The override status of the fan appears on the LCD display. The NRM also has a feature that enables the initiation of a temporary occupancy period (at night or weekends, for example), and you can configure the LCD to blink when the controller is not in the occupied•mode. Figure 5: NRM European Room Command Module 4 FX07 Terminal Unit Field Controller Product Bulletin The NRM Series room command modules for North America (Figure 6) have an additional button for the selection of the units on the temperature display (°F or °C). These modules are available in the 120 x 80 mm (4.72 x 3.15 in.) enclosure. Figure 6: NRM Series of Room Command Modules for North America FX Tools FX Tools is a software suite used to program, download, test, and commission the Facility Explorer devices, including the FX07 Field Controller. FX Tools software is available in two versions: FX Tools Express and FX Tools Pro. They comprise one or more of the following, depending on the version: • FX Builder Express: Used to select a standard application and configure it using a graphical user interface. • FX Builder: Used to program an FX07 controller. FX Builder provides complete flexibility in programming the FX07 controller. • FX CommPro N2: Used to download, test, and commission an FX07 controller on an N2 Open bus. • FX CommPro L ON: Used to download, test, and commission an FX07 controller on a LoNWORKs network. Programming Key The FX07 is a fully programmable controller. You can download the application to the controller via a computer with FX CommPro. You can also upload or download the application via the FX Programming Key (Figure 7). If the FX07 has an integral display, plug the FX Programming Key directly into a socket behind the user keypad. MININIMMEILp Figure 7: Programming Key IMPORTANT: Use this FX07 controller only as an operating control. Where failure or malfunction of the FX07 could lead to personal injury or damage to the controlled equipment or other property, additional precautions must be designed into the control system. Incorporate and maintain other devices such as supervisory or alarm systems or safety or limit controls that are intended to wam of, or protect against, failure or malfunction of the FX07 controller. FX07 Terminal Unit Field Controller Product Bulletin 5 FX07 Terminal Unit Controller Dimensions 168 n:m (4.26:n-) 145 min 118 mm (5.70 in-) (4.65m.) 49 mm f/ 93 in. —' gge am. ammo L`1; Figure 8: FX07 Controller Dimensions 62 mm (2.44 m.)-4 I 49 mm •lee— --' {1.9.. Figure 9: FX07 Controller with Display Dimensions 6 FX07 Terminal Unit Field Controller Product Bulletin NRM Network Room Module Dimensions 8Onvn _ 35mm (3.15 in) (1.37 in) Figure 10: Network Room Module Dimensions 8dnm (3.15 irl Figure 11: Network Room Module Dimensions (North America Models) 35mm (1.37 in) FX07 Terminal Unit Field Controller Product Bulletin 7 Ordering Codes Tables 1 through 12 give ordering information for the FX07 Controllers, FX07 Accessories, Room Command Modules, and Configuration Software. Table 1: FX07 Controller (24 VAC Power Supply, without Integra( Display) Ordering information Product Code Description Number LP-FX07000-000c LP-FX07D01-000C LP-FX07D02-000C LP-FX07D03-000C LP-FX07D20-000C LP-FX07D21-000C LP-FX07D22-000C LP-FX07D23-000C LP-FX07D30.000C LP-FX07D31.000C LP-FX07D32-000C LP-FX07D33.000C FX07 Controller. 4 Als, 5 Dis, 2 AOs card FX07 Controller 4 AIs, 5 Dis, 2 AOs FX07 Controller: 4 Als, 5 Dis, 2 AOs FX07 Controller. 4 Als, 5 Dis, 2 AOs FX07 Controller: 4 Als, 5 Dls, 2 AOs card FX07 Controller: 4 Als, 5 Dls, 2 AOs FX07 Controller: 4 Als, 5 Dls, 2 AOs FX07 Controller: 4 AIs, 5 Dls, 2 AOs FX07 Controller. 4 Als, 5 Dis, 2 AOs 2 Triacs), no communication card FX07 Controller: 4 Als, 5 Dls, 2 AOs 2 Triacs), N2 Open card FX07 Controller. 4 Als, 5 Dls, 2 AOs 2 Triacs), LONWORKs card FX07 Controller: 4 Ais, 5 Dls, 2 AOs 2 Triacs) RS -232C card (0-10 V or PWM), 6 DOs (Relays), no communication (0-10 V or PWM), 6 DOs (Relays), N2 Open card (0-10 V or PWM), 6 DOs (Relays), Lol WoRKs card (0-10 V or PWM), 6 DOs (Relays), RS -232C card (0-10 V), 6 DOs (4 Relays, 2 Triacs), no communication (0-10 V), 6 DOs (4 Relays, 2 Triacs), N2 Open card (0-10 V), 6 DOs (4 Relays, 2 Triacs), LONWORKs card (0-10 V), 6 DOs (4 Relays, 2 Triacs), RS -232C card (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 interlocked Relays, 1 Free Relay, Table 2: FX07 Controller (24 VAC Power Supply, with integral Display) Ordering information Product Code Description Number LP-FX07D50-000C FX07 Contras card LP-FX07D51-000C FX07 Contrails LP-FX071362-000C FX07 ControIle LP-FX07D53-000C FX07 Controlle LP-PX07070-000C FX07 Contrails card LP-FX07D71-000C FX07 Cantrolle Continued on next page . _ . r: 4 AIs, 5 Dis, 2 AOs (0-10 V or PWM), 6 DOs (Relays), no communication r 4 AIs, 5 Dis, 2 AOs (0-10 V or PWM), 6 DOs (Relays), N2 Open card r 4 Als, 5 Dls, 2 AOs (0-10 V or PWM), 6 DOs (Relays), LoNWoRKs card r: 4 AIs, 5 Dls, 2 AOs (0-10 V or PWM), 6 DOs (Relays), RS -232C card r. 4 AIs, 5 Dts, 2 AOs (0-10 V), 6 DOs (4 Relays, 2 Triacs), no communication r 4 Als, 5 Dis, 2 AOs (0-10 V), 6 DOs (4 Relays, 2 Triacs), N2 Open card 8 FX07 Terminal Unit Field Controller Product Bulletin Product Code Number (Cont.) LP-FX07D72.000C LP-FX07D73-000C LP-FX07D80-000C LP-FX071381-000C LP-FX07D82-000C LP-FX07D83-000C Description FX07 Controller. 4 Als, 5 Dls, 2 AOs FX07 Controller 4 Als, 5 Dls, 2 AOs ( FX07 Controller: 4 Als, 5 Dls, 2 AOs ( 2 Triacs), no communication card (0 FX07 Controller: 4 Als, 5 Ells, 2 AOs 2 Triacs), N2 Open card -10 V), 6 DOs (4 Relays, 2 Triacs), LONWORKS card 0-10 V), 6 DOs (4 Relays, 2 Triacs), RS -232C card 0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, FX07 Controller. 4 Als, 5 Dls, 2 AOs ( 2 Triacs), LONWORKs card FX07 Controller 4 Als, 5 Dls, 2 AOs 2 Triacs) RS -232C card 0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, Table 3: FX07 Controller (90 to 240 VAC Power Supply, without Integral Display) Ordering Information - Not Available in North America Product Code Number LP-FX07A004100C LP-FX07A014300C LP-FX07A02-000C LP-FX07A03-000C LP-FX07A20-000C LP-FX07A21-000C LP-FX07A22-000C LP-FX07A23-000C LP-FX07A30-000C LP-FX07A31-000C LP-FX07A32-000C LP-FX07A33-000C Description FX07 Controller: 4 Als, 5 Dls, 2 AOs FX07 Controller 4 AIs, 5 Dls, 2 AOs FX07 Controller: 4 Als, 5 Dls, 2 AOs FX07 Controller: 4 Als, 5 Dis, 2 AOs FX07 Controller: 4 Als, 5 Dls, 2 AOs card FX07 Controller: 4 Als, 5 Dls, 2 AOs FX07 Controller: 4 AIs, 5 Dls, 2 AOs FX07 Controller 4 Als, 5 Dls, 2 AOs FX07 Controller. 4 AIs, 5 Dls, 2 AOs 2 Triacs), no communication card FX07 Controller. 4 Als, 5 Dls, 2 AOs 2 Triacs), N2 Open card FX07 Controller. 4 Als, 5 Dis, 2 AOs 2 Triacs), LONWO xs card FX07 Controller: 4 Als, 5 Dls, 2 AOs 2 Triacs) RS -232C card (0-10 V or PWM), 6 DOs (Relays), no communication card (0-10 V or PWM), 6 DOs (Relays), N2 Open card (0-10 V or PWM), 6 DOs (Relays), LONWORKS card (0-10 V or PWM), 6 DOs (Relays), R5 232C card (0-10 V), 6 DQs (4 Relays, 2 Triacs), no communication (0-10 V), 6 DOs (4 Relays, 2 Triacs), N2 Open card (0-10 V), 6 DOs (4 Relays, 2 Triacs), LONWORKS card (0-10 V), 6 DOs (4 Relays, 2 Trues), RS -232C card (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, FX07 Terminal Unit Field Controller Product Bulletin 9 Table 4: FX07 Controller (90 to 240 VAC Power Supply, with Integral Display) - Not Available in North America Product Code Number LP-FX07A50-000C LP-FX07A51 000C LP-FX07A62-00OC LP-FX07A53-000C LP-FX07A70-000C LP-FX07A71-000C LP-FX07A72-000C LP-FX07A73-000C LP-FX07A80-000C LP-FX07A81-000C LP-FX07A82-000C LP-FX07A83-000C Description FX07 Controller. 4 Als, 5 Dls, 2 AOs FX07 Controller. 4 Als, 5 Dls, 2 AOs FX07 Controller. 4 AIs, 5 Dis, 2 AOs FX07 Controller: 4 Als, 5 Dls, 2 AOs FX07 Controller: 4 Als, 5 Dls, 2 AOs card FX07 Controller. 4 Als, 5 Dls, 2 AOs FX07 Controller: 4 Als, 5 Dls, 2 AOs FX07 Controller. 4 AIs, 5 OIs, 2 AOs FX07 Controller. 4 AIs, 5 Dls, 2 AOs 2 Triacs), no communication card FX07 Controller 4 Als, 5 Dis, 2 AOs 2 Triacs), N2 Open card FX07 Controller. 4 Als, 5 Dis, 2 AOs 2 Triacs), LoNWcRKs card FX07 Controller. 4 Als, 5 Dls, 2 AOs 2 Triacs) RS -232C card Table 5: Communication Card Ordering Information Product Code Number LP-NET071-000C LP-NET072-000C LP-NET073-000C Description (0-10 V or PWM), 6 DOs (Relays), no communication card (0-10 V or PWM), 6 DOs (Relays), N2 Open card (0-10 V or PWM), 6 DOs (Relays), LoNWoRKs card (0-10 V or PVVM), 6 DOs (Relays), RS -232C card (0-10 V), 6 DOs (4 Relays, 2 Triacs), no communication (0-10 V), 6 DOs (4 Relays, 2 Triacs), N2 Open card (0-10 V), 6 DOs (4 Relays, 2 Triacs), LoNV k3RKs card (0-10 V), 6 DOs (4 Relays, 2 Triacs), RS -232C card (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 8 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 Interlocked Relays, 1 Free Relay, (0-10 V), 6 DOs (3 interlocked Relays, 1 Free Relay, N2 Open communication card for FX07 LoNWoRKs communication card for FX07 RS -232C communication card for FX07 Table 6: Accessories Ordering Information Product Code Description Number LP-KIT100-000C FX Programming Key DT -0100-8901 Power Supply Adapter for Programming Key: 230 VAC/12 VDC (Europe Only) LP-KIT007-001C Interface Cable for standard ianddine modem, 1.5 m (4.9 ft) LP-KIT007-013C Null modem cable for computer connection, 3 m (9.8 ft) LP-KIT007-014C Null modem cable for computer connection, 15 m (49.2 ft) 10 FX07 Terminal Unit Field Controller Product Bulletin Table 7: Room Command Modules - Available in Europe (Room Sensor Modules - 80 x 80 mm [3.15 x 3.15 in.], °C [TM Series without Display]) Product Code Number TM -2140-0000 TM -2150-0000 TM -2180-0000 TM -2180-0002 TM -2180-0005 TM -2180-0007 TM -2190-0000 TM -2190-0005 Description Room Sensor Module, Room Sensor Module, Room Sensor Module, Room Sensor Module, Room Sensor Module, Room Sensor Module, Room Sensor Module, Room Sensor Module, temperature sensor only occupancy button and LED 12-28°C setpoint dial, occupancy button and LED 12-28°C setpoint dial, occupancy button and LED, fan speed override +1- setpoint dial, occupancy button and LED +/- setpoint dial, occupancy button and LED, fan speed override 12-28°C setpoint dial +/- setpoint dial Table 8: Room Command Modules - Available in Europe (Network Room Modules with Serial Bus Connection to FX07 - 80 x 80 mm [3.15 x 3.15 in.], °C) Product Code Description Number LP-NRM001-000C Network Room Module, temperature sensor only, no display, no setpoint dial LP-NRM002-000C Network Room Module with LCD display, temperature sensor, setpoint dial, occupancy function LP-NRM003-000C Network Room Module with LCD display, temperature sensor, setpoint dial, fan speed override button, occupancy function Table 9: Room Command Modules - Available in North America (Room Sensor Modules -120 x 80 mm [4.72 x 3.15 in.], °F/°C [TM Series without Display]) Product Code Description Number TM -2141-0000 TM -2151-0000 TM -2161.0000 TM -2181-0002 TM -2181-0005 TM -2181-0007 TM -2191-0000 TM -2191-0005 Room Sensor Module, temperature sensor only Room Sensor Module, occupancy button and LED Room Sensor Module, 54 -82T/12 -28°C setpoint dial, occupancy button and LED Room Sensor Module, 54 -82•F/12 -28°C setpoint dial, occupancy button and LED, fan speed override Room Sensor Module, +/- setpoint dial, occupancy button and LED Room Sensor Module, +/- setpoint dial, occupancy button and LED, fan speed override Room Sensor Module, 54 -87F/12 -28°C setpoint dial Room Sensor Module, +1- setpoint dial FX07 Terminal Unit Field Controller Product Bulletin 11 Table 10: Room Command Modules - Available in North America (Network Room Modules with Serial Bus Connection to FX07) Product Code Number LP-NRMOO1-000C LP-NRM052-000C LP-NRM053-000C LP-NRM101-000C LP-NRM152-000C LP-NRM153-000C Description Network Room Module, temperature sensor only, no display, no setpoint dial - 80 x 80 mm (3.15x 3.15 in.) Network Room Module with display, temperature sensor, setpoint dial, °CFF button, occupancy function -130 x 80 mm (3.15 x 3.15 in.) Network Room Module with display, temperature sensor, setpoint dial, fan speed override button, °CFF button, occupancy function - 80 x 80 mm (3.15 x 3.15 in.) Network Room Module, temperature sensor only, no display, no setpoint dial - 120 x 80 mm (4.72 x 3.15 in.) Network Room Module with display, temperature sensor, selpoint dial, °CFF btitton, occupancy function -120 x 80 mm (4.72 x 3.15 in.) Network Room Module with display, temperature sensor, setpoint dial, fan speed override button, °CFF button, occupancy function - 120 x 80 mm (4.72 x 3.15 in.) Table 11: User Interfaces Ordering Information Product Code Number LP-DIS60P20-0C LP-DIS60P21-0C LP-KIT007-000C Description Remote Medium User Interface (MUI Version 3) - Panel Mount Remote Medium User Interface (MUI Version 3) - Wall Mount Link cable for the connection of the FX07 to the Panel Nkount MUI display - 3 m (9.8 ft) Table 12: Software Ordering Information Product Code Description Number LP-FXTPRO-O FX Tools Pro CD -Rom (FX Builder, FX Builder Express, FX CommPro N2, FX CommPro Lon) LP-FXTEXP-0 FX Tools Express CO -Rom (FX Builder Express, FX CommPro N2) 12 FX07 Terminal Unit Field Controller Product Bulletin Technical Specifications Table 13: FX07 Terminal Unit Field Controller (Part 1 of 3) Product Codes Power Requirements Power Consumptlon Housing Material Protection Class Ambient Operating Conditions Ambient Storage Conditions Power Supply for Panel Mount MUI Power Supply Outputs for Als Analog Inputs Display Range and Resolution Digital (Binary) inputs: Analog Outputs: LP-FX07xxx-xxx LP-FX07Dxx-xxx: 24 VAC/DC *15%, 50160 Hz — SELV (Europe) — Class 2 North America LP-FX07Axx-xxx: 90 to 240 VAC, 50160 Hz (Not available in North America) LP-FX07Dxx-xxx: 9 VA maximum LP-FX07Axx-xxx: 17 VA maximum ABS + polycarbonate, self -extinguishing: UL 94-10 flammability rating. IP20 CEI/EN60529 -40 to 50°C (-40 to 122°F), 10 to 95% RH (noncondensing) Note that the integral user interface does not operate below -20°C (-4°F). -40 to +70°C (-40 to 158°F) 10 to 95% RH (noncondensing) 15 VDC on Remote Display connector at 100 mA maximum 15 VDC 20 mA power supply for active sensors (also used for PWM outputs) 5 VDC 15 mA power supply for ratiometric sensors 16-bit resolution — not isolated 1 Sensor Type Full Linearization Range Accuracy at 20°C (68°F) Ambient (Sensor Accuracy Not included) 1 A99 -50 to 100°C (-58 to 212°F) ±0.5°C (±1 °F) NTC 10K -40 to 150°C (-40 to 300°F) 30.5°C (*IT') IPT1000 Extended -50 to 160°C (-58 to 320°F) #0.5°C (±1°F) Ni1000 (JCI) -45 to 120°C (-49 to 248°F) ±0.5°C (±1°F) Active Voltage 0-10 VDC 30.05 VDC Active Ratio -metric 0.5-4.5 VDC /0.05 VDC -999 to 999 or -99.9 to 99.9 Voltage free contacts Transition counter function at 50 Hz (minimum 10 ms ON and minimum 10 ms OFF) 0-10 VDC, max. 3 mA, 13 -bit resolution - not isolated, accuracy ±0.1 VDC Pulse Width Modulation (PWM) output at 100 Hz cycle frequency with 10 mA sink from 15 VDC reference power source Continued on next page .. IFor actuating and control devices IFor fan speed controllers with PWM input FX07 Terminal Unit Field Controller Product Bulletin 13 FX07 Field Controller Technical Specifications (Part 2 of 3) Relay Outputs Digital (Binary) Outputs for Specific Models Connection for outputs and power Connection for inputs and LON/N2 Oven Bus Dimensions (14 x W x 0) Dielectric test voltage on open relay oontact 1,000 VAC RMS Maximum relay switching rate at maximum bad: 6 operations per minute Average relay contact life: 30,000 operations at maximum load. Model Channel I Type ' Remark/Application FX07D0x-xxx 001, D02, FX07D5x-xxx DO3 FX07AOx-xxx FX07A5x-mor FX07D2x-xxx FX07D3x-xxx FX07D7x-xxx FX07D8x-xxx FX07A2x-xroc FX07A3x-xxx FX07A7x-xxx FX07A8x-xxx FX07D2x-xxx FX07D3x-xxx FX07D7x-xxx FX07D8x-xxx FX07A2x-xxx FX07A3x-xxx FX07A7x-xxx FX07A8x-xxx 004, 005, DO6 D01, D02 D01, DO2 DO3 DO4 — DO6 SPST 8(3)A, 250 VAC relay (Max_ 24 VAC in North America) SPST 3(1)A, 250 VAC relay. (Max. 24 VAC in North America) 0.5Af24 VAC triacs 0.5A 1250 VAC Macs. (Max. 24VAC in North America) SPST 8(3)A, 250 VAC relay. (Max. 24 VAC in North America) SPST 3(1)A, 250 VAC relay. (Max. 24 VAC in North America) Heavy duty relays that can be used to switch electric heater up to 2 kW at 230 VAC. (Europe only) Each relay contact is independent with its own common terminal. Each relay contact is independent with its own common terminal. Low voltage 3 -point incremental actuators and thermal actuators Line voltage 3 -point incremental actuators and thermal actuators. Can also be used to switch 24 VAC low voltage devices. Heavy duty relays that can be used to switch electric heater up to 2 kW at 230 VAC (Europe only). On the FX07x2x-xxx and FX07x7-xxx models, each relay contact is independent with its own common terminal. On the FX07x3x-xxx and FX07x8 xxx model, 004, 005, D06 relays are physically interlocked such that only one output can be dosed at one time. Application: 3 -speed fan motors. Screw terminals for max. 2 x 1.5 mm2 (16 AWG) wires, included in the package Screw terminals for max. 1 x 1.5 mm` (16 AWG) wires or 2 x Belden® cable, 2 -core twisted pair with shield a0.8 mm (20 AWG), included in the package 145 (including terminals) x 108 x 49 mm (62 mm with display) 5.71 (including terminals) x 4.26 x 1.93 in. (2.45 in. with display) Continued on next page... 14 FX07 Terminal Unit Field Controller Product Bulletin FXO7 Field Controller Technical Specifications (Part 3 of 3) Compliance Europe - 89/336/EEC, EMC Directive: EN 61000-6-3, EN 61000-6-2 (all models) - 7223/EEC, Low Voltage Directive: EN 60730 Canada - UL Listed (PAZX7), C22.2 No. 205, Signal Equipment (LP-FX07Dxx- - UL Recognized (XAPX8), CAN/CSA C22.2 No. 24, Temperature Indicating xxx models and Regulating Equipment Only) - Industry Canada, ICES -003 United States - UL Listed (PAZX), UL 916, Energy Management Equipment (LP-FX07Dxx- - UL Recognized (XAPX2), UL 873, Temperature Indicating and Regulating xxx models Equipment only) - FCC compliant to CFR 47, Part 15, Subpart B, Class A The performance specifications are nominal end conform to acceptable industry standards. For application at conditions beyond these speoificatlons, consult the focal Johnson Controls office. Johnson Controls, Inc. shall not be liable for damages, resulting from misapplication or misuse of its products. CONT Airo SNSON Controls Group Global Headquarters 507 E. Michigan Street P.0. Box 423 Milwaukee, WI 53201 Published in U.S.A. and Europe FX07 Terminal Unit Field Controller Product Bulletin 15 FACILITY EXPL ER Product Bulletin FX15 Field Controller Issue Date March 31, 2006 FX15 Field Controller The FX15 Field Controller (FX15 Classic) is a high performance field controller in the Facility Explorer system specifically designed for commercial Heating, Ventilating, and Air Conditioning (HVAC) and refrigeration applications such as chillers and rooftops, indoor packaged air conditioning units, Air Handling Units (AIiUs), and close control units. The FX15 has 27 physical inputs and outputs and supports a wide range of temperature sensors and actuating devices. Up to 64 additional physical inputs and outputs may be achieved by adding the XT/XP expansion modules on the Local N2 Open bus. The FX15 is fully programmable or configurable, using the FX Tools software package, for a wide range of commercial HVAC and refrigeration applications. The FX15 controller can be fitted with an optional communication card for integration into an N2 Open or LoivWoRics® compatible Building Automation System. Modular Communication Cad Options Onboard Real -lime Clock freely Programmable or Configurable Using FX Tools Software Package The FX15 also includes an onboard Real -Time Clock to support the start -stop scheduling of equipment and real-time based control sequences. t1.i1 111 111111111 Figure 1: FX15 with Integrated Medium User interface (MUI) Display Features and Benefits Provides cost effective method for either stand-alone or networked capabilities Allows real-time scheduling c f control activities Adapts to a wide range of HVAC or refrigeration control applications using the extensive programming features of the FX Tools software package Allows choice of temperature sensor according to the control range and application Provides clear data presentation in numerical and text format on Liquid Crystal Display (LCD) 4 x 20 character display to manage the controlled system Software Selectable Analog Inputs User Interfaces, Integrated or Remote 2006 Johnson Controls, Inc. Code No. UT -12011082 a 1 Software Release 1.0 Onboard Inputs and Outputs (I/Os) Up to 27 physical inputs and outputs can be connected to the FX15, including: • 6 Analog Inputs (A's) • 8 Digital (Binary) Inputs (Dis) - for voltage free contacts • 9 Digital Outputs (DOs) (4 Relays - line voltage contacts - and 5 Relays - line voltage contacts - or 5 Triacs - 24 VAC) • 4 Analog Outputs (AOs) (0 - 10 V) Scalable 110 Expansions The input/output capacity of the FX15 may be extended by connecting up to four XT extension modules via the Local Link N2 Bus. Expansion modules provide input/output capability for the XT extension modules. The available connectable expansions modules are: • XT91D00 • XP91002 • XP91 D03 • XP91D04 • XP91D05 Extension Module 6 universal AIs + 2 AOs 8 DOs (triacs) 4 Dls + 4 DOs (triacs) 8 Dis • XP91D06 4 DOs (Relays) 230 VAC (Europe only) • XP91D07 4 DOs (Relays) 24 VAC (North America only) User Interfaces The FX15 allows for two types of user interfaces: Medium or Large. Medium User Interface (MUI) The MUI includes a 4 x 20 character, backlit LCD, 6 pushbuttons, and 10 discreet status Light -Emitting Diodes (LEDs). The MUI display and navigation is completely customizable within the FX15 application. The following mounting styles are available: • Integrated: Can be mounted directly on top of the controller. • Local: Can be mounted up to 3 m (10 ft) from the FX15 controller. This user interface is powered by the FX15. The LP-KIT007-000C is a flat telephone cable needed for connection of power supply and data communications to the FX15. 2 FX15 Field Controller Product Bulletin • Remote: Can be mounted up to 300 m (1,000 ft) from the FX15. This User Interface (UI) must be independently powered. The data communication requires a 3 -wire shielded cable (not provided) connected to the Remote Display Connection of the FX15. • Figure 2: Remote or Loc4I MUI Large User Interface The Large User Interface (LUI) includes a 4 x 20 character, backlit LCD, 28 pushbuttons, and 66 discreet status LEDs. The Large User Interface must be independently powered, and can be flush mounted, wall mounted, or hand held. The LUI display and navigation is completely customizable for the FX15 application using the FX Tools software package. Custom front plate templates may be ordered, based on minimum quantity. Figure 3: Large User Interface Alarm Management The FX15 manages and records alarms associated with up to 12 data points or variables in the control application. Application alarms indicate to the user that the controlled equipment requires attention or that the controlled conditions are not within the expected limits. Alarm examples include: • analog value is outside of a desired range • status value represents a condition that is not normal The table of active alarms may be viewed on the available Uls. Supervisory Options The FX15 can be integrated into a supervisory building automation system for continuous monitoring of the control system. The FX15 supports two methods of integration. N2 Open Network When fitted with an N2 Open Communication Card, the FX15 can be connected to an N2 Open compatible building management system, allowing access to its control system variables and parameters. LoNWoRKs® Network When fitted with a LoNWORKs Communication circuit card, the FX15 can be connected to a LoNWORKS compatible building management system, allowing peer-to-peer communication with other LoNWoRxs compatible devices. Real -Time Clock The FX15 has an embedded real-time clock that supports all real-time functions, including the display of time and date on the optional user interface and the time stamping of events. The real-time clock enables the time scheduling of start and stop commands and set point changes to the equipment that is being monitored and controlled. Scheduled commands may be configured to execute on one or more days of the week and an exception day calendar allows for alternative time schedules on holidays or during special periods in the year. Time schedules may be displayed and edited on the available UI. The real-time dock has a battery backup with an average life of more than 2 years. FX Tools FX Tools Pro is a software suite used to program, download, test, and commission the FX devices, including the FX15. FX Tools is available in two versions: FX Tools Express and FX Tools Pro. They consist of one or more of the following, depending on the version: • FX Builder Express. Used to select an FX15 application and configure it using graphical plug -ins • FX Builder: Used to fully program an FX15. FX Builder provides complete flexibility in programming the FX15. • FX CommPro N2: Used to download, test, and commission an FX15 on an N2 bus. • FX CommPro LON: Used to download, test, and commission an FX15 on a LoNWoRxs network. Application Upload/Download The FX15 is a fully programmable or configurable controller and the application can be downloaded to the controller via computer with the FX Tools Pro or uploaded/downloaded via the FX programming key (Figure 4). b • Figure 4: FX Programming Key FX15 Field Controller Product Bulletin 3 FX15 Controller Dimensions In (71 CNi LO 'Cr 179 (7.05) ' : rc'1 r�Gliii�fGYiir"rif iJ%Ifr 66 (2.6) _ 49(x) 0 0 00 0 0 00 00 .r. 215 (8 46) B — n 0 180.5 (7.11) m 111/0/ tri; B Panel cut-out Figure 5: FX15 with integrated MUI and Panel Cut -Out Dimensions, mm (in.) 4 FX15 Field Controller Product Bulletin For Omega Rai DINIEN 50022 Mounting Ordering Codes Table 1: Standard Temperature Range Controllers Ordering Information Product Code Number LP-FX15D10-000C LP-FX1SD11-000C LP-FX15012-000C LP-FX16D60.000C LP-FX15D61-000C LP-FX15D62-000C LP-FX16D20-000C LP-FX16D21-000C LP-FX16D22-000C LP-FX16D70-000C LP-FX16071-000C LP-FX16D72-000C Description FX15: Digital Outputs: 4 Relays + 5 Triacs FX15: Digital Outputs: 4 Relays + 5 Triacs. includes N2 Open Card. FX15: Digital Outputs: 4 Relays + 5 Triacs. Includes LoNWORKs Card. FX15: Digital Outputs: 4 Relays + 5 Triacs. Includes Integrated MUI. FX15: Digital Outputs: 4 Relays + 5 Triacs. Includes N2 Open Card and Integrated MUI. FX15: Digital Outputs: 4 Relays + 5 Triacs. Includes LoNWoRKs Card and Integrated MUI. FX15: Digital Outputs: 9 Retays FX15: Digital Outputs: 9 Relays. Includes N2 Open Card. FX15: Digital Outputs: 9 Relays. Includes LONWORKS Card. FX15: Digital Outputs: 9 Relays. Includes Integrated MUI. FX15: Digital Outputs: 9 Relays. Includes N2 Open Card and Integrated MUI. FX15: Digital Outputs: 9 Relays. Includes LONWORKS Card and Integrated MUI. Table 2: Extended Temperature Range Controllers Ordering Information Product Code Numbers LP-FX16X10-000C LP.FX16X11-000C LP-FX16X12-000C LP-FX16X20-000C LP-FX16X21-000C LP-FX16X22-000C Description FX15: Digital Outputs: 4 Relays + 5 Tnacs FX15: Digital Outputs: 4 Relays + 5 Triacs. Includes N2 Open Card. FX15: Digital Outputs: 4 Relays + 5 Triacs. Includes LONWORKS Card. FX15: Digital Outputs: 9 Relays FX15: Digital Outputs: 9 Relays. Includes N2 Open Card. FX15: Digital Outputs: 9 Relays. Includes LoNWoRKs Card. Table 3: Communications Cards Ordering Information IProduct Code Numbers LP-NET161-010C LP-NET162-010C Description N2 Open Communication Card LONWORKS Ccmmunloation Card Table 4: Accessories Ordering Information Product Code Numbers LP-KIT007-000C DT -9100-8902 NP-PWR1209 DT -9100-8901 LP-KIT015-000C LP-KIT015-001C LP-KIT100-000C Description Link Interface cable (3 m/9.8 ft) for the connection of the FX15 to the MUI/LUI user interfaces LUI Wall Mounting Kit LUI Power Adapter (120 VAC/12 VDC) { LUI Power Adapter (230 VAC/12 VDC) 1 Kit of Female Screw Connectors Kt of Female Cage Clamp Connectors FX Programming Key FX15 Field Controller Product Bulletin 5 Table 5: Demo Case Ordering Information Product Code Numbers DEMO-FX15-071 DEMO-FX15-072 DEMO-FX16-081 DEMO-FX15-082 LP -FX 15DEM-010C LP-FX15DEM-011C Description Demo Case: Includes FX15 Demo Controller with Integrated MUI and N2 Open Card, 230 V. Demo Case: Includes FX15 Demo Controller with Integrated MUI and LoNWoRKs Card, 230 V. Demo Case: Includes FX15 Demo Controller with Integrated MUI and N2 Open Card, 120 V. Demo Case: includes FX15 Demo Controller with Integrated MUI and LonWORKs Card, 120 V. FX15 Demo Controller: Includes integrated MUI and N2 Open Card, with DEMO ID. FX15 Demo Controller: Includes Integrated MUI and LoNWoRKs Card, with DEMO ID. Table 6: User interfaces Ordering Information Product Code Description Numbers LP-DIS66P10-0C LP-DIS60P10-0C LP-DIS60P11-0C LP-0IS60U10-C Table 7: Expansion Product Code Numbers LP-XT91 D00.000C LP-XP51D02-000C LP-XP91D03-000C 1 LP-XP91D04-000C I LP-XP91D06-000C I LP-XP91D06-0OOC LP-XP91D07-000C Large User Interface Medium User Interface (Local Mount) Medium User Interface (Remote Mount) Medium User Interface (Integral Mount) I!O Modules Ordering Information Description Extension Module Expansion Board: 6 Als, 2 AOs Expansion Board: 8 DOs (triacs) Expansion Board: 4 DIs, 4 DOs (trtacs) Expansion Board: 8 Dls Expansion Board: 4 DOs (relays) 230 VAC (Europe only) Expansion Board: 4 DOs (relays) 24 VAC (North America only) Table 8: Software Tools Ordering information 1 Product Code Description 1 Numbers LP-FXTPRO-0 1 LP-FXTEXP-0 FX Tools Pro CO (FX Builder, FX Builder Express, FX CommPro N2, FX CommPro LON) FX Tools Express CD (FX Builder Express, FX CommPro N2) 6 FX15 Field Controller Product Bulletin Technical Specifications Table 9:1/0 Details Terminals 1 Channel 1 Type Analog Input (Al) TB1 AI1, Al2, AI3, Af4, AI5, Al6 3, 8 EXT-VDC 13 AVPS/ EXT-VDC Digital Input (D1) T82 011, 012, O 13, 014, O 15, 016, 017, 018 Digital Output (DO) T83 001, D02, DO3 TB4 D04,DO5 TB5 TB6 006, D07, DOB FAIL Analog Output (AO) TB7 A01, A02 T88 A03, A04 See table below. 16-bit resolution +16 V, 80 mA AVPS = +5 V, 20 mA EXT-VDC = +16 V, 80 mA Potential free contacts SPST 8(3)A, 250 V power relays SPST 5(3)A, 250 V power relays or 0.5A, 24 VAC triacs SPST 5(3)A, 250 V power relays or 0.5A, 24 VAC triacs SPDT 8(3)A, 250 V power relay 0...10 VDC 16 bit resolution 0...10 VDC 16-bit resolution 1 Remark/Application Freely software configurable. Application: temperature, humidity, or pressure 0 -10 V Sensors or max no. 4 0/4 - 20 mA Sensors To power directly from the FX15 ratiometric sensors, with AVPS OT 0 - 10 V, 0/4 - 20 mA Sensors with EXT-VDC. The selection between AVPS and EXT-VDC is done by Jumpers. The insulation from the microprocessor is achieved if a different 24 VAC power supply from the one used to power the controller is used to power the digital inputs (through Terminals 34, 35). Transition cbunter function maximum 500 ms on and 500 ms off (1 Hz). For quicker counter function, use the LP-XP91 DO5 module. There is double insulation between the relays, and they can be used at diferentvcdtages from one another. This group is double insulated from the other relays, but they share the same common between them; therefore, they have to be connected at the same voltage. This group is double insulated from the other relays, but they share the same common between them; therefore, they have to be connected at the same voltage. Fail relay for enhanced security. The relay returns to its NC position not only at power fail, but also in case the microprocessor should fail: watch -dog, brown -out, etc. The Insulation from the microprocessor is achieved if a different 24 VAC power supply from the one used to power the controller i5 used to power the analog outputs. The insulation from the microprocessor is achieved if a different 24 VAC power supply from the one used to power the controller is used to power the analog outputs (through Terminals 79, 80). FX15 Field Controller Product Bulletin Table 10: Available Sensor Types Sensor Type Linearization Range Accuracy 20°C (68°F) ambient Ni1000 JCI -45°C (-49°F) to 120°C (248°F) +1- 0.5°C (+1- 1°F) Ni1000 JC1 Extended 20°C (68°F) to 287°C (548.6°F) +/- 0.5°C (+l-1 °F) Ni1000 Siemens,'" 50°C (-58°F) to 160°C (320°F) +/- 0.5°C (+1- 1°F) Ni1000 DIN -60°C (-76°F) to 180°C (356°F) +/- 0.5°C (+1- 1°F) Pt1000 50°C (-58°F) to 605°C (1121°F) I +1- 0.5°C (+/- 1 °F) A99 50°C (58°F) to 110°C (230°F) 1 +1- 0.5°C (+1- 1°F) NTC 2.2K -40°C (-40°F) to 150°C (302°F) ` +l- 0.5°C (+l- 1°F) 0 to 5 VDC ratiometric 10 to 90% of supply voltage I 0.3% 0 to 10 VDC 0 to 10 Volts 0.3% O to 20 mA Oto 20 mA ( O.3% 8 FX15 Field Controller Product Bulletin Table 11: FX15 Standard and Product Codes Power Supply Requirements Power Consumption Protection Class Ambient Operating Conditions Ambient Storage Conditions Dimensions (H x W x13) Weight (with package) Connection Terminals for Signals and Power Supply LON/N2 Open Bus Connection Terminals Connection Terminals for Extension Bus and Remote Display Single Cable Lengths Digital Inputs Df l - D!8 Analog Inputs All - A16 Triac outputs (when present) Analog Outputs AOl - AO4 Remote Display Extension Modules Display and Extensions Cable Type Compliance Extended Range Models (Extended Range Information in Bold) LP-FX15Dxx-000C (see Table 1 for Standard Range Models) LP-FX16Xxx-000C (see Table 2 for Extended Range Models) 24 VAC ±15%, 50/60 Hz - Class 2 Power Supply — SELV in Europe 15 VA at max toad IP20 controller 1P40 integrated MUI STD controller. -20°C (-4°F) to +50°C (1227), 10 to 95% RH (noncondensing) Extended range controller: .40°C (-40°F) to +60°C (140°F), 10 to 96°% RH (noncondensing) -20°C (-4°F) to +70°C (158°F), 10 to 95% RH (noncondensing) 1142 mm (5.6 in.) x 215mm (8.5 in.) x 49 mm (1.9 in.) 10.74 kg (1.6 1b) Screw terminals for max 1 x 1.5 mm2 (AWG16) wires, included in the package. Screw terminals, cable size 0.2 to 1.5 mm2, AWG24 to AWG16, included in the package. Belden cable, 2 -core twisted pair with shield >— 0.8 mm (AWG20) Screw terminals, cable size 0.2 to 1.5 mm2, AWG24 to AWG16, included in the package. Max. 100 m (328 ft) with wire > 0.6 mm (AWG22) Max. 100 m (328 ft) with wire z 0.6 mm (AWG22) Max. 100 m (328 ft) with wire = 1.5 mm2 (AWG16) Max. 100 m (328 ft) with wire + 1.5 mrrr2 (AWG16) Max. 3 m (10 ft) if display is powered by controller. Max. 1 Ion (0.6 miles) if display independently powered. Max. 1 km (0.6 miles) Belden 4 -core, twisted pair, shielded, >_ 0.8 mm (AWG20) ( Europe Canada United States — 89/336/EEC, EMC Directive: EN 61000-6-3, EN 61000-6-1 — 72/23/EEC, Low Voltage Directive: EN 60730 — UL Listed (PAZX7), CAN/CSA C22.2 No. 205, Signal Equipment — UL Recognized (XAPX8), CAN/CSA C22.2 No. 24, Temperature Indicating and Regulating Equipment — Industry Canada, ICES -003 — UL Listed (PAZX), UL 916, Energy Management Equipment — UL Recognized (XAPX2), UL 873, Temperature Indicating and Regulating Equipment — FCC compliant to CFR 47, Part 15, Subpart 8, Class A The performance specifications are nominal and conform to acceptable industry standamfs. For application at concilions beyond tirase specifications, consult the local Johnson Controls office. Johnson Controls, Inc. shall not be liable for damages resulting from misapplication or misuse of its products. JOHNSON CONTR LS Controls Group Global Headquarters 507 E. Michigan Street P0. Box 423 Milwaorkna WI 53701 Puhlishnd in IIS A and F rnno FX15 Field Controller Product Bulletin Risk Assessment Plan Risk 1: Overhead falling debris, tools and materials from the catwalks located in the Exhibit Hall areas causing possible personal injuries to occupants or personnel below area. Plan to Minimize Risk: The pian to minimize this risk would be place pieces plywood in open areas of the steel grating. We would also rope / tape off the area and post signs warning of possible falling debris. If during an event no personnel would be not allowed to work in the area and re -directed to other portions of the building. Risk 2: Low hanging piping and equipment located on the catwalk in the Exhibit Hall areas causing personal injury to personnel while working in the area. Plan to Minimize Risk: The plan to minimize this risk would be to require all personnel working in this area to wear hard hats. Mark all areas with brightly colored tape or some sort of marker to prevent possible injury. Risk 3: Very low lighting conditions exist on the catwalk in the Exhibit Hall area. Making it unsafe to work around electrical voltages. Plan to Minimize Risk: The plan to minimize this risk would be to provide portable high wattage lighting in work areas as needed. Risk 4: Possible delays to the schedule due to product lead times from the manufacturers. Plan to Minimize Risk: The plan to minimize this risk we would pre -order all required materials as needed to complete the project in a timely basis. Risk 5: Down time of the major equipment such as the air handling units and chiller plant causing comfort issues in the building. Plan to Minimize Risk: To minimize the amount of down time of the major equipment, all preliminary work will be completed prior to final connection of the field control devices. Leaving the existing equipment to control the equipment until the final cut over is made. This in particular would limit the conversion down time for an air handling unit to an estimated maximum 8 hour period. In the event the unit serving the area to be converted does not have redundant cooling, the final connections would occur during late evening and early morning hours to eliminate the occupant from being too uncomfortable during the conversion period. The chiller plant is the most complex and difficult conversion to accomplish. During periods of the conversion different pieces of equipment will need to be shutdown during the final connection process. During this time period the equipment will be ran in HAND until such time the new controls were enabled. The commissioning process would occur during the late evening and early morning hours as not to interfere with the operations of the fE.ility during normal operating hours. VALUE ADDED SERVICE Item 1 Installation of wireless access points that would be connected to the building management system. This would allow on-site personnel to access the building management system locally through hand held devices. This would prevent wasted time and costs of personnel returning to the building management system workstation located a very long distance from the area of the required information. The access points could eventually be used for public access in the future. Wireless study has already been completed with the access points mapped out to allow for full wireless coverage of the building. Impact: Cost: $ 146,000.00 Schedule: No Impact to schedule Item 2 We would re -use all existing infrastructure, i.e. wiring, cabling, conduit, and field devices as needed to make a complete and functional system. Should any damaged cabling, wiring, or conduit be discovered during the installation process we would install new as needed. We anticipate a nominal amount of additional wiring and conduit, from what is existing, that would be necessary to provide a completed system. Impact: Cost: No additional costs Schedule: No Impact to schedule Item 3 If awarded the contract, no additional costs would be required to replace faulty control devices as they are discovered. This would include all valve actuators, damper actuators, or any miscellaneous field control devices that are faulty. This would eliminate any additional costs for change orders to replace the faulty items. Devices to be excluded from this service would be dampers, valve bodies, kWh meters, and wet or dry flow measuring devices. Impact: Savings: $ 65,000 est. in change orders Schedule: No Impact to schedule Item 4 We realize service is a key component to the success of any industry and how important responsive service is to your facility. We maintain a seven day a week on-call service technician with a standby engineer for all after-hours service related issues. Aside from providing service for the after-hours service related issues, we also provide remote monitoring services for other customer's facilities, allowing us to be proactive rather than reactive. This service is an alternative choice that we can add to the standard service agreement should you chose to do so. To ensure the highest quality of service, we will provide a 4 hour response time to any building management system service related issues. Should a building management system component fail preventing operation of a piece of equipment, we will make every effort possible to provide a 24 to 48 hour turn around time to replace the failed component in order to return the equipment to operational status. Impact: Cost: No Additional Costs Schedule: No Impact to schedule MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 PUBLIC NOTICE INVITATION TO BID (ITB) 39-06/07 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 24th day of October 2007 for the Migration Project for Building Environmental Monitoring and Control System for the Miami Beach Convention Center. Purpose: The purpose of this bid is to establish a contract (s) by means of sealed bids, with a qualified contractor for the development of a plan that will migrate the existing Siemens Standalone Control Unit, enabling the required capacity to achieve an improved operational and compliance for the Building Environmental Monitoring and Control System, and to provide required methods and responsibilities to establish controls to ensure that changes to the Building Environmental Monitoring and Control System are effectively implemented in order to minimize risk(s) and the potential for unscheduled downtime or other disruptions to system operation. Estimated Project Budget: $1,300,000. ANY BID(S) RECEIVED AFTER 3:OOP.M. ON OCTOBER 24, 2007, WILL NOT BE CONSIDERED AND WILL BE RETURNED TO THE BIDDER UNOPENED. THE RESPONSIBILITY FOR SUBMITTING THE SUBMITTAL PACKAGE BEFORE THE STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, INCLUDING U.S. MAIL, OR ANY OTHER OCCURRENCE. A Pre -Bid Conference/Site Visit is scheduled for 10:00 a.m. on October 9, 2007 at the following address: City of Miami Beach Convention Center, 4th Floor, Executive Office Conference Room, 1901 Convention Center Drive, Miami Beach, Florida. Attendance (in person or via telephone) to this Pre -Bid submission meeting is encouraged and recommended as a source of information but is not mandatory. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 6 Bidders interested in participating in the Pre -Bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Contractors who are interested in participating via telephone, please send an e-mail to johnellis@miamibeachfl.gov expressing your intent to participate via telephone. Minimum Requirements: Bidder (Business Entity) must be licensed as a Certified Mechanical Engineer/Contractor with a minimum of ten (10) years experience, and able to pull all required permits in order to complete this Project. Bid Guaranty: 5% of the bid amount will be required with the Bid. The successful bidder will also be required to furnish Performance and Payment Bonds, each in the amount of one hundred (100%) percent of the Contract amount. The City of Miami Beach is using RFP Depot, a central notification system witch provides bid notification services to interested vendors. RFP Depot 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.rfpdepot.com If you do not have Internet access, please call the RFP Depot's vendor support group at 801-765-9245. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.aov/newcity/dents/purchase/bidintro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 7 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494 Sincerely, Gus Lopez, CPPO Procurement Director BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 8 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 NO BID Bid No. 39-06/07 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER NOTICE TO PROSPECTIVE BIDDERS 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 requirements. Our Company is simply not interested in bidding at this time. Due to prior commitments, we cannot provide a bid for this project. OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for this 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 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 9 00100. GENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ ] box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scope of Work: The work for this project is for the development of a plan that will migrate the existing Siemens Standalone Control Unit, enabling the required capacity to achieve an improved operational and compliance for the Building Environmental Monitoring and Control System, and to provide required methods and responsibilities to establish controls to ensure that changes to the Building Environmental Monitoring and Control System are effectively implemented in order to minimize risk(s) and the potential for unscheduled downtime or other disruptions to system operation. 3. Location of Work: The building is located at the Miami Beach Convention Center at 1901 Convention Center Drive, Miami Beach, Florida. The work area includes, Hall(s) A — D, and the East and West Wrap. 4. Abbreviations and Symbols: The abbreviations used throughout the Bid Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 5. Bid Submission: An original and five copies of complete Bid Package must be received by 3:00 p.m. on October 24, 2007. The original and five copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 10 00200. DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. Attraction: Includes private businesses, public facilities and agencies, nonprofits and other tourism -oriented service facilities. 1.2. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3. Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change in the Scope of Work. 1.4. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5. City Commission: City Commission shall mean the governing and legislative body of the City. 1.6. City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7. Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project. 1.8. Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9. Contract Documents Clarification: (Not Applicable) 1.10. Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 11 1.11. Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. 1.12. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 1.13. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.14. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.15. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.16. Final Completion: The date certified by Consultant/City's Project Manager in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.17. General Public: A service shall be deemed available to the "General Public" if it is available to anyone, at any time, without any membership or other requirement limiting use by the public at large. 1.18. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. 1.19. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. BID NO. 39-06/07 CITUOF MIAMI BEACH DATE: 09/24/07 12 1.20. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.21. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. 1.22. Program Manager: Professional Firm(s) which acts as the Citv's representative. 1.23. Project: The construction project described in the Contract Documents, including the Work described therein. 1.24. Project Initiation Date: The date upon which the Contract Time commences. 1.25. Project Manual: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the specifications; and the plans and drawings of the Project. 1.26. Resident Project Representative: An authorized representative of Consultant assigned to represent Consultant on the Project. 1.27. Seasonal Business: Any business which is not operated on a year- round basis. 1.28. Subcontractor: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.29. Substantial Completion: The date certified by Consultant/City's Project Manager when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 13 1.30. Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.31. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes ati other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 14 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami -Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre -Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 15 3. Submitting Bids: Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 24th day of October 2007 for the Migration Project for Building Environmental Monitoring and Control System for the Miami Beach Convention Center. All bids must be received in the Procurement Division before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID FOR: MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACHCONVENTION CENTER BID/CONTRACT NO.: 39-06/07 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. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Bid Guaranty: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required one -hundred percent (100%) Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 16 for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. 7. 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. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the City. 9. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 10. Postponement of Date for Presentina and Onenina Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 17 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. Prevailing Waae Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non -federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 14. Occupational Health and Safety : In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 18 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. Environmental Reaulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT/CITY'S PROJECT MANAGER. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 19 17. Protested Solicitation Award: 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. 18. Financial Stability and Strenath: The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non-responsive. 19. Equal Benefits Ordinance Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All bidders shall complete and return, with their bid, the "Declaration: Non- discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 20 designee determines that the successful bidder Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that bidders are considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Following this page please find a Q & A of the major points of the proposed Ordinance. Additionally, the following documents need to be returned to the City with your bid: • Declaration: Nondiscrimination in Contracts and Benefits Form • Reasonable Measures Application Form BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 21 PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 22 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). • Contracts valued at over $100,000. • Contractors who maintain 51 or more full time employees on theft payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • The City contract is not competitively bid. • The City contract is valued at less than $100,000. • The contractor has less than 51 employees. • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. • The contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property. • Development Agreements. • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development • Cultural Arts Council grants • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 23 The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts. • Contracts where only one bid response is received. • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the issued bid documents. At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance. The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract. Termination of the contract. Monies due under the contract may be retained by the City until compliance is achieved. Debarment of contractors from City work, as prescribed by the City Code. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 24 00305(A). TECHNICAL REVIEW PANEL EVALUATION PROCESS Prior to convening of Technical Review Panel, the sequence of events will be as follows: • Invitation to Bid issued. • Pre -Bid Meeting held. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel for evaluation. The evaluation process to be used by the City Administration for this bid will be one of "Best Value" (BV) Procurement, meaning that the City Administration will, in addition to price, consider past performance of the Contractor's team on previously completed projects; a Risk Assessment / Value Added Submittal (RAP/VAS) prepared for this project by the contractor and included as part of the submittal; and the qualifications of key members of the proposed Contractor's team to perform based on interviews conducted by the Review Panel. (See Section 00315) The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and submit their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows: 1. Qualifications and experience of the contractor and employees assigned to this Project. (15 points). 2. RAP / VAS submittal (15 points). A Preliminary Project Schedule should be attached to the RAP / VAS. The description for the risks identified in the RAP should not have any additional cost or time, but are risks that the contractor will try to minimize. Value Added Submittals (VAS) may increase / decrease project cost or time. 3. Past performance based on number and quality of the Performance Evaluation Surveys received (10 points). 4. Presentation and Interview of Key personnel (20 points). 5. Bid Price (40 points). A. If a firm's base bid price is within the Estimated Proiect Construction Budaet The panel will convene to evaluate, score, and rank all responsive bidders based on the above -stated criteria and utilize the following steps: The Panel's recommendation is advisory and will be presented to the City Manager. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 30 (1) If there is more than one bidder and following completion of the evaluation process and scoring, the top-ranked firm has the lowest bid price, the Panel may recommend that firm as the BV selection to the City Manager for award of the contract. (2) If there is more than one bidder and following completion of the evaluation process and scoring, the top-ranked firm's price is not greater than 5% above the price of the next -ranked firm, the Panel may recommend the top-ranked firm as the BV selection to the City Manager for award of the contract. (3) If the top ranked firm's price is more than 5% above the next -ranked firm's price, the Panel shall include, in its recommendation to the City Manager, its justification for recommending the top-ranked firm's as the BV selection. (4) If there is only one bidder, following completion of the evaluation process and scoring, the Panel may recommend that firm for award of contract, to the City Manager. B. If a firm's base bid price exceeds the Estimated Proiect Construction Budaet The contractor shall be required to include, as part of the submittal, a breakdown of the Lump Sum (base bid) amount, as listed in Section 00407, with sub -totals for Divisions 1 through 16, as noted in Section 02000. The pricing information, including the sub -totals for Divisions 1 through 16, will be shared with the Panel at the evaluation meeting prior to the interviews of the key members of the contractor's team. During the interview process, the contractor is expected to explain why their bid amount exceeds the estimated project construction budget. (1) If all bidders exceed the budget and following completion of the evaluation process and scoring, the top-ranked firm's price is the lowest price, the Panel may recommend the top-ranked firm as the BV selection to the City Manager for award of the contract, but only if the following criteria are met: a. The top-ranked firm is the unanimous choice of the Panel; b. No procurement -related issues are identified by the City's Procurement Office; and c. No technical or funding issues are identified by the City's CIP Office. (2) If all bidders exceed the budget, and following completion of the evaluation process and scoring the top-ranked firm's price is not the lowest price, then the Panel may consider the firm with the lowest price and, may recommend it as the BV selection to the City Manager for award of the contract only if the following criteria are not met: a. The top-ranked firm is the unanimous choice of the Panel; BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 31 b. No procurement -related issues are identified by the City's Procurement Office; and c. No technical or funding issues are identified by the City's CIP Office. d. If there is only one bidder, following completion of the evaluation process and scoring, the Panel may recommend that firm for award of contract. Citv Manager's Review After considering the recommendation of the Panel, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. If only one bid response is received, the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: 1. Reject the bid and, if he determines that same is in the best interest of the City and re -advertise the project for bidding; or 2. Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder. In addition, if there are two or more bidders, the City Manager may also negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 32 00305(B). CITY COMMISSION AUTHORITY Award of Contract: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidders, 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, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City pursuant to the determination of award criteria of lowest and best bid. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. Following Commission approval, and prior to execution of the contract with the selected bidder, there shall be a Pre -Award period during which time the contractor is expected to produce a Best Value Risk Management Plan. The Risk Management Plan will be developed taking into consideration the: RAPNAS included in the contractor's submittal; any other risks, identified by other contractors, that the City deems pertinent to the project; any concerns or issues, expressed by the client, that could negatively impact the project's cost and schedule; key personnel interview minutes; contract plans and specifications; and other issues discussed during the Pre -Award period. During the Pre -Award period and the development of the Risk Management Plan, the contractor is expected to complete a number of tasks and activities meant to both identify risks that the contractor does not control (and the contractor's plan to minimize those risks) as well as helping to clarify any client concerns and intent. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 33 These activities include: reviewing the design and requirements in detail, identifying any issues or concerns and seeking clarifications and approvals for any value-added or value -engineering proposals; coordinating with suppliers and sub -contractors to make sure there are no issues with the requirements, costs or delivery schedules; submitting a detailed schedule of the entire project, including critical milestones and any client action items; coordinating with all client representatives and permitting agencies to ensure that their requirements can be met; coordinating any value-added submittals, including providing justifications of their associated costs, if requested; and submittal of an approved Risk Management Plan. The contractor will be required to submit a standard BV weekly Risk Management report. The contractor's Best Value Risk Management Plan and weekly reporting format will be included in the contract. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 34 00310. BID SUBMISSION REQUIREMENTS The following information should be submitted with you bid response 1.01 CONTENTS OF QUALIFICATION STATEMENT Bid packages must contain the following documents, each fully completed, and signed as required. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed in the City's sole discretion to be non-responsive. The City reserves the right to request any documentation omitted, with exception of the 5% Bid Bond and the Bid Price form, bidder must submit the documentation within three (3) calendar days upon request from the City, or the bid shall be deemed non-responsive. Non- responsive bid packages will receive no further consideration. A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide an Identification Page including the following information: • Name of Bidder. (Note: if co venture, specify) • Address of submitting Bidder. (Note: if co venture, specify) • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) • Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. • Table of Contents. B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM It is a requirement of the bid that the Bidder, staff the project with competent individuals, and qualified supervisory personnel. Each Bidder shall demonstrate by providing documentation, that they possess the qualifications and experience in order to complete this project within the required time frame and in a satisfactory manner. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 35 It is further recommended that the bidder provide representative projects as outlined above to include the following information and components: • Project name • Project location • Brief description of work performed • Names, addresses, telephone number, fax number, and contact name for the following: • Owner or Agency • Name of General Contractor's project manager and field superintendent • Awarded contract amount and final contract amount • Date of project completion • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Project Manager • Superintendent • Site Foreman • A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all Sub -contractors proposed for the Project. C. PAST PERFORMANCE Each Bidder should provide proof of successful project completions for projects comparative in size and complexity as outlined on this bid. Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 44 and 45, and request that your client submit the completed survey to Gus Lopez, Procurement Director via fax no. 786-394- 4007, or via e-mail: quslopez a.miamibeachfl.aov. Please understand that we will not accept Client Surveys beina sent to our office from the office of the bidder. Surveys must be sent to Procurement from your client's office(s). BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 36 Contractors are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site -visitation, and other independent confirmation of data. D. RISK ASSESSMENT PLAN / VALUE ADDED SUBMITTAL (RAP / VAS). All bidders must submit a RAP / VAS. The RAP should not be longer than two pages front side of page only and should not contain any reference to the bidder's name within the document. Please exclude any letterhead or logos, anything that can identify your company's name. (Note: The City reserves the right to request, from the bidder, to re -submit the RAP in cases where the RAP has exceeded the two pages of length or any RAP that has been identified with the bidder's name or logo. Bidders must submit the documentation within three (3) calendar days upon request from the City, or the bid/proposal shall be deemed non-responsive.) The RAP / VAS should be submitted in a sealed labeled envelope included within the ITB submission, and should address the following items in a clear and generic language. (Please refer to Section 00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS, Attachment No. 3 and 4 found on pages 46-49). (1) The RAP should list the risks on the project that the contractor does not directly control. Risks are conditions, events, and issues that may cause the Contractor not to finish on schedule, or within budget, and impact City expectations. These are risks that the contractor will attempt to minimize. (2) Explain how the risks will be avoided / minimized. (3) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. Do not provide brochures or marketing pieces. (4) The VAS should propose any alternate options, additional to the project's base submittal that could add value for the City. (5) Provide a Preliminary Project Schedule. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 37 E. BID PRICE Bidders are required to submit their bid price lump sum using the forms found on pages 57-59 herein. Bidders are to submit these forms in a sealed envelope and label the envelope as "Bid Price". You may place your company's name on the price proposal sealed envelope. The RAP and Preliminary Project Schedule shall be submitted in a separate sealed envelope and this envelope may also be labeled with your company's name. The Bid Price shall be evaluated and ranked at the end of the TECHNICAL REVIEW PANEL Meeting and the score added to Phases I and II to arrive at a final score for each bidder. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 38 00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS ATTACHMENT 1 Detailed Instructions on How to Prepare a Reference List and How to Prepare and Send Performance Surveys Overview The objective of this process is to review the past performance of a contractor and key components / members of their team. This is initiated with the contractor sending survey forms to their past customers. The customers will use the one-page form to rate the performances of the firm, the key sub -contractors proposed for the current project, as well as key members of the team such as a project manager, superintendent, etc. The customers will then forward the completed surveys, via fax, directly to the City's Procurement Office. The ratings will then be averaged and a composite past performance rating calculated for the firm. The figure below illustrates the survey process. Vendor or Individual Send/Fax Surveys to past clients Call to Confirm Past Customers Prepare & Email Reference List Faxes back to the client Figure 1: Survey Process A. Creating and Submitting a Reference List CLIENT The Client Compiles Information 1. All key components must create a list of past users that will evaluate their past performance. This will be referred to as a "Reference List". BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 39 The Reference List Excel file can be downloaded from RFP Depot under ITB -39-06/07 or can be sent to you via E-mail, please send an E-mail to auslopezCu�miamibeachfl.aov requesting the file. 2. The key components may vary with each project. Firms submitting proposals are encouraged to promptly identify the critical kev members / sub -contractors planned for the project. It is important that the past performance surveys be forwarded early to past customers to allow sufficient time for their completion and forwarding to the City. The following are the most common key components used: Key Component Minimum Number of Surveys allowed Construction Firm 1 Project Manager 1 Superintendent 1 Key Sub -Contracting Firms 1 Maximum Number of Surveys allowed 10 10 10 3. The vendor is responsible for the selection and performance of their team. Given the nature of the Best Value scoring process, it is recommended that the vendor select high - performing sub -contractors, technical / professional services firms, and key individuals (i.e. project manager, superintendent, and any other critical positions required by the project), as required by each project. The maximum number of past projects that will be given credit, is 25 (twenty-five) for each firm, and 10 (ten) for each individual (PM, etc.). The minimum number of past projects is 1 (one) for each key component. Credit will be given to vendors with more high performing surveys. The reference list should include the firms/individuals "best" projects. Credit will be given to vendors / individuals with more high performing surveys. The Reference List must include the following (All fields are reauired! If you do not submit all the information required, there will be no credit given for the reference): CODE A unique (different) number assigned to each project FIRST NAME First name of the person who will answer customer satisfaction questions. LAST NAME Last name of the person who will answer customer satisfaction questions. PHONE NUMBER Current phone number for the reference (including area code). FAX NUMBER Current fax number for the reference (includin area code). CLIENT NAME Name of the company or institution that the work was performed for (i.e. Cactus School District, Rock Industries, and City of Austin). PROJECT NAME 1 Name of the project (Bird High School A -Wing, Warehouse B, etc.). DATE COMPLETED [MM/DD/YYYY] Date when the project was completed (i.e. 5/31/1995) COST OF PROJECT Awarded cost of project ($50,000) The data in the reference list must be submitted via fax to Gus Lopez at 786-394-4007, and in electronic format on a MS Excel spreadsheet file. The file must also be e-mailed to Gus Lopez's e-mail address: guslopez@miamibeachfl.gov. (The format of the file is shown in Figure 2). BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 40 The vendor is responsible for verifying that the information for their firm, as well as for their key components, is accurate prior to submission. The reference list must contain different projects. You cannot have multiple people evaluating the same iob. However, one person may evaluate several different jobs. Attachment 4 - Reference List and Company Profile (Construction).xls 2 1 'yle 3 2 George 4 i 3 Phil 5 1 4 Bill 6 ( 5 Matt 6 Keith 7 Gilbert 6 John N 4 I. Ni\ Smith Johnson McGill Robinson Carnigan Jones Grey Grecko rofile,_.kReference List/ 4 b-•:3-:562 45 6 � 3 City of esa 549-785-9654 549-785-9655 City of Mesa 458-965-7852 458-965-7853 Citi of Mesa 136-621-1264 136-621-1265 AteB Warehouse 658-965-8965 658-965-8966 ADOT 458-965-8523 458-965-8524 City of Gilbert 486-965-8523 486-965-8523 'City. of Phoenix 486-965-8563 486-965-8563 IACD Buildings Mesa Park Police Building 3 Cafeteria #1 Warehouse renovation Stailey Road Overpass{ Road Renovation Street Light Installation Building 456 renovation' Figure 2: Example of Reference List 6/811999 7/6/1980 6/2/1995 1/512002 5/4/2003 7/2/1990 8/2/2003 $36,589 $452,389 $12,648 $154,893 $15,648 $4,865,923 $456,876 $159,764 a.! The past projects (on the reference list file) do not have to be similar to the type of project being bid. The past projects must be completed oast oroiects (no on-going or substantially complete projects). The past client/owner must evaluate and complete the survey. All key components must submit their reference list in separate excel files. There must be a separate excel file for each company and individual participating in the process. Name the file by the company name or the individual name. Figure 3 shows a sample of the excel files that must be emailed to the client. Name ABC Contracting - ReFerence List.xls Mark McGraw (Project Manager) - Reference List.xls Pam Hamilton (Site Super) - ReFerence List.xls Spark Electrical Contractors - Reference List.xls 1,IBob and Sons Mechanical Contractors - Reference List.xls Figure 3: Submit separate excel files 1 Email Reference lists to the client. for each component Each key component should inform their past clients about the survey and the deadline for submission of the information. The City may contact the references for additional information. If the reference cannot be contacted, there will be no credit given for that reference. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 41 4. Each Excel file will have two tabs (see Figure 4 below). One tab contains the reference list information (discussed above), and the second tab contains the company or individual profile. The profile tab contains information about the key component (firm or individual). Fill out the company information if the excel file is for the Lead Firm, Specialty Firm or Individual. Fill out the individual information if the excel file is for an individual. DO NOT fill out both sections in one excel file. (Remember: each component will have their own excel file). ue 11111111111 11 11111111 1111111.111 III 11,111111 111111! 1911 11 1111 I I II IIIIIIIII ;! IIII ! I lI C4 A 1 O 1 E 1 F G I H 1 1 1 ,1 1 Please Fill out only one of the forms below. Il this reference list Is for a company, please use the Company form on top If this reference list is for and individual, please put their information in the second form below. DO NOT fill out both. Remember there must be a separate excel file for each individual participating in the process. Company Compang Name: 0 5 Tgpe: .11(AIE Firm, Landscape Architecture Firm, Traffic Engineering Firm. etc) 6 Point of Contact:) 1 7 Phone Number:1 1 ai 8 Fa: Number:/ 9 10 Emai1:1 e 11 .. 12 OR 13 14 15 Individual Name:1 16 Tgpe:1 17 Compang Name:1 16 19 Phone Number:I Fax Number: 20 Email: 21 Individual 1 (Project Manager. etc.) 1 1 Figure 4: Example of the Profile tab. This tab contains information about the key component (whether it is an individual or firm) B. Preparing the Surveys 1. Each key component (Firm or individual) is responsible for sending out a survey questionnaire to each of their past clients. The survey questionnaire is provided in this document. 2. Each key component should enter the Survey ID (Code), past clients contact information, and project information on each survey form for each reference. The team member should also enter the name of the firm and/or individual being surveyed. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 42 3. All the information on the survey form must match the reference information in the excel file (see Figure 5). Attachment Reference List and Company Profile (Construction).xls P r math 458-963-85• i6f-1356 it o 1esa ' - - .. 549-785-965549 7,5-, 5 Citv of Mesa 58-965-7852 458-965-M53 City of Mesa 36-621-1264 136-621-1265 A813 Warehouse 658-965-8965�/ 658-965-8966 ADOT 458-965-8521 458-965-85241Crtyyy of Gilbert 486-965.8523)486-965.8523)Cry of Phoenix 486-965-856` 486-965-856" IA 'G Buildings McRea Bob Hardy Mitchell Adams Bill i Robinson hn Grecko ference List/ 'ii I ► .1),F,173 To: Phil McGill Mesa Park Police Building 3 Cafeteria #1 Warehouse renovation Stanley Road Overoas; Road Renovation Street Light Installation BuildiT 456 renovation Survey Questionnaire 6/6/1999 7/611960 6/2/1995 1/5/2002 5/4/2003 7/2/1990 8/2/2003 r Survey ICD { ) 3 OST; OF PROJECT: `. $36.569 $452,389 $12,648 $154,693 $15,648 $4 ,865 923 $456,876 $159,764 (Name of person completing survey) ;Phone: —1- 458-965-7852 Fax 458-965-7853 1 Subject: Past Performance Survey of: ABC (Name of Company) Mark McGraw (PM), Pam Hamilton (SS) (Name ofMdvide4s) A Client is implementing a process that collects past performance information on firms and their key personnel The information will be used to assist the client in the selection of firms to perform various projects. The firm/individual listed above has listed you as a client for which they have previously performed work on. We would appreciate your taking the time to complete this survey. Rate each of the criteria on a scale of 1 to IQ with 10 repres;Snting that you were very satisfied (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/individual again) Please rate each of the criteria to the best of your knowledge. If you do not have sufficient knowledge of past performance in a particular area, leave it blank. Client Name City of Mesa Project Name: Cafeteria #1 Project Completion Date: 7'61960 1 NO 11 CRITERIA Ability to manage the project cost (minimize change orders) UNIT (1-10) Figure 5: Example of Survey Form. The information must match the excel file. To save work in the future, list all key individuals on the survey that participated on the project. 4. If a reference will be evaluating several team members (such as the PM), please list all of the members on the survey form to get credit for all the areas (as shown in Figure 5). BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 43 5. Do not list more than one individual for the same position (i.e. if Joe Smith was a PM on the project, you cannot list another individual as a PM on that same project). 6. Each key component is responsible for making sure that their past clients receive the survey, complete the survey, and return the survey back to the present client. The survey must be sent directly from the past client to the City of Miami Beach. Surveys that are sent from the company providing the bid for this proiect shall not be accepted. Be sure to indicate to your clients the due date when the survey should be faxed in to the City of Miami Beach. 7. The City of Miami Beach may contact the reference for additional information or to clarify survey data. If the reference cannot be contacted, there will be no credit given for that reference. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 44 ATTACHMENT 2 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 786-394-4007 Date: To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have performed mechanical engineering/contractor work to upgrade and maintain migration projects for building environmental monitoring and control systems. The information will be used to assist City of Miami Beach in the evaluation of a Contractor for services performed for your agency or company. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this auestionnaire to Gus Lopez by close of business day October 24, 2007 or earlier by fax: 786-394-4007; or via e-mail guslopezemiamibeachfl.aov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 45 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 786-394-4007 PERFORMANCE EVALUATION SURVEY Contractor's or Individuals Name who the Reference is for: Project Name: Project Cost: Please evaluate the performance of the Contractor (10 means you are very satisfied and have no questions about hiring them again, 5 is if you don't know and 1 is if you would never hire them again because of very poor performance). NO I CRITERIA 1 Ability to manage the project cost (minimize change orders) 2 Ability to maintain project schedule (complete on-time or early) 3 Quality of workmanship 4 Professionalism and ability to manage (includes responses and Cr9mpt payment to suppliers and subcontractors) lose out process (no punch list upon turnover, warranties, as - 5 builts, operating manuals, tax clearance, etc. submitted promptlyt 6 1 Communication, explanation of risk, and documentation Ability to follow the users rules, regulations, and requirements (housekeeping, safety, etc...) 8 Overall customer satisfaction and hiring again based on performance (comfort level in hiring contractor again) Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and e-mail: Date of Services: SCORE PLEASE FAX THIS QUESTIONNAIRE TO GUS LOPEZ AT 786.394.4007 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 46 ATTACHMENT 3 Risk Assessment Plan Guide Introduction The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to pre -plan (identify the risks on a future project that can impact cost ($), time, and client expectation of quality and performance). The RAP is used to: 1. Assist the client in prioritizing firms based on their ability to understand the risk of a project and their plan to mitigate that risk. 2. Provide high performing vendors the opportunity to differentiate themselves due to their experience and expertise through value-added offerings. 3. Give the competitive edge to experienced companies who have successfully completed similar work before, who can plan the job from beginning to end, and who know how to minimize the risk. 4. Provide a mechanism for the high performers to regulate the low performers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable performance. The RAP document or portions thereof. submitted by the successful bidder may be included within the contract documents. The City of Miami Beach reserves the riaht to accept or reiect any of the risk items. Additionally. the successful bidder will be reauired to submit a iustification of the cost associated with any of the value-added offerinas in their Risk Assessment for analysis by the City upon reauest. In addition to the above. the risks identified on the Risk Assessment Plans or portions thereof. of the unsuccessful bidders may become part of the Quality Control Plan that will be prepared by the successful bidder as a result of neaotiations. durina the Pre - Award phase. with the City. RAP / VAS Plan Format The format for the RAP is attached. Within the RAP, the contractors should clearly address the following items in a non-technical manner: 1. List and prioritize major risk items or decisions to be made that are unique to this project. This includes items that may cause the project to not be completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the City. 2. Explain how risk will be avoided / minimized. If the contractor has a unique method to minimize the risk, it should be clearly explained. 3. Propose any options that could increase the value (expectation or quality) of their work. List any value-added alternates that the contractor is bringing to the project. 4. Attach a Preliminary Project Schedule. No names!!! - In order to minimize any bias by the TECHNICAL REVIEW PANEL, the RAP / VAS must not contain ANY names (such as contractor, manufacturer, or designer names, personnel names, project names, product names, or company letterhead). The RAP / VAS should not contain any marketing information. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 47 Length - The City's goal is to make the selection process as efficient as possible. Efficiency is to minimize the effort of all participants, especially those who will not get the project. Therefore, the RAP should be brief, well organized and concise. The RAP must not exceed 2 pages, does not include the preliminary project schedule or the phasing plan, these are additional. Organization - Outline format. The attached format is only a sample. Impact of Risks Potential risks are any conditions, events, and issues not covered by the contract documents that your firm and your sub-contractor(s) may not directly control but which you should be prepared to address and mitigate throughout the duration of the project as part of your submittal. These are the most critical items that can impact the project's cost, schedule, and the City's quality expectations. The risks should be prioritized, or listed in order by the greatest risks at the top to the lowest risk in descending order. The description for the risks identified in the RAP should not have any additional cost or time, but are risks that the contractor will try to minimize. Rating of Risk Assessment Plan / Value Added Submittals The RAP / VAS will be rated by the TECHNICAL REVIEW PANEL assigned to this project. Key elements of the RAP should include: 1. Identification and description of potential risks and plan to minimize / mitigate each risk. 2. Presentation of value-added options or alternates, with a clear description of associated benefit, and impact (+ / -) on project's cost and schedule. 3. The Preliminary Project Schedule. Checklist for Risk Assessment Plan / Value Added Submittals 1 Are all names removed from the RAP / VAS: personal, project, or company names? 2. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you perceive others are not doing it) 3. Does the RAP / VAS include all service, quality control processes; documentation that you do that your competition does not. 4. Are Public Relation risks such as interfacing with project managers, users of the facility, or audit/inspection personnel included? 5. Is a preliminary project schedule included? 6. Does your RAP / VAS plan differentiate you? By how much? 7. Would your RAP / VAS make technical and non-technical individuals comfortable with hiring you? 8. Are the pages numbered? 9. Did you print 1 original and 5 copies of your RAP / VAS and enclose them in a sealed envelope? If all items are checked, your risk assessment plan is ready to submit. B1D NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 48 ATTACHMENT 5 Interview of Key Personnel Introduction The purpose of the interview is to rate the following key individuals in their respective areas: 1. How well they see the project, from beginning to end. 2. Can they pick out and prioritize the critical points (risk) in terms of time and cost, and have they preplanned for them. 3. Can they continuously improve? 4. Can they measure their own performance? 5. Can they minimize change orders, additional charges, and customer dissatisfaction? 6. Project Manager will be asked to provide a draft project schedule with at least 6 milestones and provide any risk and time associated with each of the milestones. Format The key personnel shall be evaluated by the TECHNICAL REVIEW PANEL during its meeting(s), and should be prepared to attend if invited to provide a presentation. The invited companies will be able to provide a brief presentation which will be followed by the key personnel interviews conducted by the TECHNICAL REVIEW PANEL which may include the personnel from various City user departments. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 51 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: "City of Miami Beach Master Permit Fee and applicable Major Trade Permit fees (i.e. Mech., Plumbing, Elec., and Fire) are waived. Any other permit fees not directly related to the actual construction of the project (i.e. Permits for dumpsters, Job trailers) are not waived" "Licenses, permit and fees which may be required by Miami -Dade County, the State of Florida, or other governmental entities are not included in the above list" 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: al If the contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 55 00407. SCHEDULE OF PRICES BID Consideration for Indemnification of CITY $25.00 [ ] Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 38, Section 00540, to be considered responsive.] BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 56 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Total $ BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 73 IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. Name of Bidder Authorized Signature of Bidder *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS, i.e., DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE, EXTENDED. AND METHOD. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 74 00550. RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 75 00600. CONTRACT: CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and l nr4) ronet p+3 1;1 r . , hereinafter referred to as CONTRACTOR. W I T N ESS ET H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents(including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The CONTRACTOR shall submit all necessary documents required by this provision within forty-five (45) calendar days of the issuance of the first Notice to Proceed. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 76 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within four -hundred (400) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within forty-five (45) calendar days from the date certified by CONSULTANT/CITY'S PROJECT MANAGER as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of Five -Hundred Dollars ($500.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Five -Hundred Dollars ($500.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above -stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 77 [] ARTICLE 3 THE CONTRACT SUM This is a Unit Price Contract:* 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lump Sum Contract:* 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT/CITY'S PROJECT MANAGER. CONTRACTOR shall include, but same shall be limited to, at Consultant's/City's Project Manager's discretion, with each Application for Payment, an updated BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 78 progress schedule acceptable to CONSULTANT/CITY'S PROJECT MANAGER as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CONSULTANT/CITY'S PROJECT MANAGER for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT/CITY'S PROJECT MANAGER of CONTRACTOR's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT/CITY'S PROJECT MANAGER and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 79 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT/CITY'S PROJECT MANAGER shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT/CITY'S PROJECT MANAGER and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT/CITY'S PROJECT MANAGER, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT/CITY'S PROJECT MANAGER, a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT/ CITY'S PROJECT MANAGER so certifies, CITY shall, upon certificate of CONSULTANT/CITY'S PROJECT MANAGER, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 80 ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 81 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach. Florida 33139 For Contractor: riermA-I Corte-er+S- =c CbIte e_ A.i uto AA/ F{ 733 I A -t-+--. .0/YjAoi r PreJen-4— BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 82 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 83 By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 84 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. City Clerk Robert Parcher THE CITY OF MIAMI, BEA Mayo Matti H. Bower CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATT -_� �•, ice. ST: RY• Ptik, MALIN * W-eeMMISSION # DO 294686 By. EXPIRES: May 23, 2008 'r : oP`° 9 Y Bonded Thru Budget Notary Services E��Fr� (Secret (Corporate Seal) [If not incorporated sign below.] WITNESSES: By: CONTRACTOR (Name of CorporAtion) ignature) INA J€5s, rt o3„ze,c-- V (Print Name and Title) 2-3 day of ,J A +n) , 2006 CONTRACTOR (Name of Firm) (Signature) (Print Name and Title) day of , 20 . CITY REQUIRES FOUR (4) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 85 APPROVED AS TO FORM & LANGUAGE & FO EXECUTION "i Attorney`\1\ te 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 86 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL. , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA SS COUNTY OF MIAMI-DADE Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before me this day of , 20 My commission expires: by Notary Public, State of Bonded BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 93 00800. GENERAL CONDITIONS: 1. Proiect Manual: (N/A) 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT/CITY'S PROJECT MANAGER may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT/CITY'S PROJECT MANAGER. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT/CITY'S PROJECT MANAGER. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT/CITY'S PROJECT MANAGER and CONSULTANT's/CITY'S PROJECT MANAGER's authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 96 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre -construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT/CITY'S PROJECT MANAGER for CONSULTANT's/CITY'S PROJECT MANAGER's review and acceptance: 3.1.1. A progress schedule in the indicated form: [ ] Bar Chart [ ] Modified CPM [] CPM [X] Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT/CITY'S PROJECT MANAGER. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT/CITY'S PROJECT MANAGER. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 97 Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT/CITY'S PROJECT MANAGER nor CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by CONSULTANT/CITY'S PROJECT MANAGER but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT/CITY'S PROJECT MANAGER and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT/CITY'S PROJECT MANAGER and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT/CITY'S PROJECT MANAGER review. The finalized progress schedule will be accepted by CONSULTANT/CITY'S PROJECT MANAGER only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT/CITY'S PROJECT MANAGER of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT/CITY'S PROJECT MANAGER or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT/CITY'S PROJECT MANAGER as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT/CITY'S PROJECT MANAGER as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 98 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Securitv: In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Surety 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 99 company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Amount of Bond Policy- Financial holder's Size Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or Tess, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 100 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7 Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 101 7.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars ($) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and/or Operations. [ X ] 7.1.2.2. Independent Contractors. [ X ] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. [ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 102 7.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non -Owned Vehicles. 7.1.3.3. Employers' Non -Ownership. (Not Applicable to this bid) [ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. [ ] 7.1.4.2. Waiver of Occupancy Clause or Warranty --Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. Flood Insurance --When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 103 7.1.5.1. 7.1.5.2. Cessation of Insurance --Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. Flood Insurance --When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, Tight, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 104 9. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits. Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 105 12. Resolution of Disputes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT/CITY'S PROJECT MANAGER shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANT's/CITY'S PROJECT MANAGER's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to CONSULTANT/CITY'S PROJECT MANAGER in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, CONSULTANT/CITY'S PROJECT MANAGER shall notify CITY and CONTRACTOR in writing of CONSULTANT's/CITY'S PROJECT MANAGER's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT/CITY'S PROJECT MANAGER requires additional time to gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT/CITY'S PROJECT MANAGER and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 106 13. Inspection of Work: 13.1. CONSULTANT/CITY'S PROJECT MANAGER and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, CONSULTANT's/CITY'S PROJECT MANAGER's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT/CITY'S PROJECT MANAGER timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT/CITY'S PROJECT MANAGER, it must, if required by CONSULTANT/CITY'S PROJECT MANAGER, be uncovered for examination and properly restored at CONTRACTOR's expense. 13.1.2. Reexamination of any of the Work may be ordered by CONSULTANT/CITY'S PROJECT MANAGER, with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT/CITY'S PROJECT MANAGER. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 107 14. Superintendence and Supervision: 14.1. The orders of CITY are to be given through CONSULTANT/CITY'S PROJECT MANAGER, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to CONSULTANT/CITY'S PROJECT MANAGER. The superintendent shall not be changed except with the written consent of CONSULTANT/CITY'S PROJECT MANAGER, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT/CITY'S PROJECT MANAGER, upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of, CONSULTANT/CITY'S PROJECT MANAGER, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT/CITY'S PROJECT MANAGER. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 108 14.3. The Contract Administrator, CONTRACTOR and CONSULTANT/CITY'S PROJECT MANAGER shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT/CITY'S PROJECT MANAGER shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT/CITY'S PROJECT MANAGER, in writing, and CONSULTANT/CITY'S PROJECT MANAGER will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 15. CITY's Right to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT/CITY'S PROJECT MANAGER of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 109 of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Riaht to Stop Work or Terminate Contract: Should CONSULTANT/CITY'S PROJECT MANAGER fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 110 CONTRACTOR within thirty (30) days after presentation by CONSULTANT/CITY'S PROJECT MANAGER of any sum certified by CONSULTANT/CITY'S PROJECT MANAGER or to notify CONTRACTOR and CONSULTANT/CITY'S PROJECT MANAGER in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT/CITY'S PROJECT MANAGER of such delay, neglect or default, specifying the same. If CITY or CONSULTANT/CITY'S PROJECT MANAGER (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT/CITY'S PROJECT MANAGER in accordance with the provisions of Article 12 hereof. 17. Assianment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 18. Rights of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differina Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT/CITY'S PROJECT MANAGER in writing of the existence of the aforesaid conditions. CONSULTANT/CITY'S PROJECT MANAGER and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 111 site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT/CITY'S PROJECT MANAGER the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT/CITY'S PROJECT MANAGER shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT/CITY'S PROJECT MANAGER for determination in accordance with the provisions of Article 12. Should CONSULTANT/CITY'S PROJECT MANAGER determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT/CITY'S PROJECT MANAGER shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT/CITY'S PROJECT MANAGER as the date of substantial completion. 20. Plans and Workina Drawinas: CITY, through CONSULTANT/CITY'S PROJECT MANAGER, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans. Specifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT/CITY'S PROJECT MANAGER, and shall notify CONSULTANT/CITY'S PROJECT MANAGER of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT/CITY'S PROJECT MANAGER. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 112 CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to CONSULTANT/CITY'S PROJECT MANAGER. 22. CONTRACTOR's Responsibility for Damages and Accidents: 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. Warranty: CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT/CITY'S PROJECT MANAGER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 24. Supplementary Drawings: 24.1. When, in the opinion of CONSULTANT/CITY'S PROJECT MANAGER, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT/CITY'S PROJECT MANAGER. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 113 25. Defective Work: 25.1. CONSULTANT/CITY'S PROJECT MANAGER shall have the authority to reject or disapprove work which CONSULTANT/CITY'S PROJECT MANAGER finds to be defective. If required by CONSULTANT/CITY'S PROJECT MANAGER, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT/CITY'S PROJECT MANAGER, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 114 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT/CITY'S PROJECT MANAGER may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to pay or to see the payment of any monies due any subcontractor. CITY or CONSULTANT/CITY'S PROJECT MANAGER may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. [X] 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than 25% percent of the Contract Price. 28. Separate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect and promptly report to CONSULTANT/CITY'S PROJECT MANAGER any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 115 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT/CITY'S PROJECT MANAGER any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT/CITY'S PROJECT MANAGER and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT/CITY'S PROJECT MANAGER. 29.2.3. Upon CONSULTANT's/CITY'S PROJECT MANAGER's issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT/CITY'S PROJECT MANAGER on the Certificate of Substantial Completion, as soon as possible and BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 116 request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT/CITY'S PROJECT MANAGER shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Leaal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damaae to Existina Facilities. Eauioment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 117 It shall be the CONTRACTOR'S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 33. Value Enaineerina: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT/CITY'S PROJECT MANAGER in writing. CONSULTANT/CITY'S PROJECT MANAGER will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without CONSULTANT's/CITY'S PROJECT MANAGER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 118 However, any substitution accepted by CONSULTANT/CITY'S PROJECT MANAGER shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT/CITY'S PROJECT MANAGER all CONSULTANT's/CITY'S PROJECT MANAGER's fees and charges related to CONSULTANT's/CITY'S PROJECT MANAGER's review of the request for substitution, whether or not the request for substitution is accepted by CONSULTANT/CITY'S PROJECT MANAGER. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT/CITY'S PROJECT MANAGER review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuing the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Changes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 119 36. Field Orders and Supplemental Instructions: 36.1. The Contract Administrator, through CONSULTANT/CITY'S PROJECT MANAGER shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT/CITY'S PROJECT MANAGER shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Change Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT/CITY'S PROJECT MANAGER as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT/CITY'S PROJECT MANAGER and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 120 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Chanae Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and BlD NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 121 payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT/CITY'S PROJECT MANAGER and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who will then determine, with the advice of CONSULTANT/CITY'S PROJECT MANAGER, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 122 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, applian- ces, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in BID NO. 39-06/07 CI'T'Y OF MIAMI BEACH DATE: 09/24/07 123 its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 124 maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 38.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT/CITY'S PROJECT MANAGER an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT/CITY'S PROJECT MANAGER and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 125 39. Notification and Claim for Change of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT/CITY'S PROJECT MANAGER within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT/CITY'S PROJECT MANAGER allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT/CITY'S PROJECT MANAGER in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damaaes for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of B1D NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 126 CITY or its CONSULTANT/CITY'S PROJECT MANAGER. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay: Compensable: Non-ComDensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non -compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 127 These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be $1,000 per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non -Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT/CITY'S PROJECT MANAGER, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT/CITY'S PROJECT MANAGER, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Comoletion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT/CITY'S PROJECT MANAGER, in writing. CONSULTANT/CITY'S PROJECT MANAGER and CITY shall then promptly inspect the Work. When CONSULTANT/CITY'S PROJECT MANAGER, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 128 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawinas: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT/CITY'S PROJECT MANAGER a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT/CITY'S PROJECT MANAGER shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 129 44.6. CONSULTANT/CITY'S PROJECT MANAGER shall review and approve Shop Drawings within twenty-one (21) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSULTANT's/CITY'S PROJECT MANAGER"s approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CONSULTANT/CITY'S PROJECT MANAGER. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT/CITY'S PROJECT MANAGER along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT/CITY'S PROJECT MANAGER. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's/CITY'S PROJECT MANAGER's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as -built" drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT/CITY'S PROJECT MANAGER as the Work is completed. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 130 The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT/CITY'S PROJECT MANAGER prior to, and as a condition of, final payment. 452. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT/CITY'S PROJECT MANAGER for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as -built drawings acceptable to CONSULTANT/CITY'S PROJECT MANAGER. 46. Safety and Protection: 46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 131 All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT/CITY'S PROJECT MANAGER has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. [ X ] 47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT/CITY'S PROJECT MANAGER a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT/CITY'S PROJECT MANAGER until CONTRACTOR submits the final bill of materials and CONSULTANT/CITY'S PROJECT MANAGER verifies the accuracy of the units of Work. 48. Payment by CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT/CITY'S PROJECT MANAGER shall be borne by CITY and performed by a testing firm chosen by CONSULTANT/CITY'S PROJECT MANAGER. For road construction projects the procedure for making tests required by CONSULTANT/CITY'S PROJECT MANAGER will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect Sian: Any requirements for a project sign shall be as set forth within the Technical Specifications section. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 132 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT/CITY'S PROJECT MANAGER has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning UD: Citv's Right to Clean UD: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT/CITY'S PROJECT MANAGER shall determine to be just. 52. Removal of Eauioment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 133 53. Nondiscrimination, Equal Employment Opportunity. and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Proiect Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 134 00900. SUPPLEMENTARY SPECIFICATIONS Purposely left blank, no supplementary specifications required. 00920. ADDITIONAL ARTICLES: [ X ] 1. Prevailing Wage Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non -federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [ ] 2. Federal Grant Proiects: 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 135 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: CONSULTANT/CITY'S PROJECT MANAGER: (name, address) TO (CITY): DATE OF ISSUANCE: BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT/CITY'S PROJECT MANAGER when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 138 A list of items to be completed or corrected, prepared by CONSULTANT/CITY'S PROJECT MANAGER and approved by CITY is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONSULTANT/ BY DATE CITY'S PROJECT MANAGER In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. CONSULTANT BY CITY'S PROJECT MANAGER DATE CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 139 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) TO (CITY): DATE OF ISSUANCE: CONSULTANT/CITY'S PROJECT MANAGER: BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT/ BY DATE CITY'S PROJECT MANAGER CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (date). City of Miami Beach, Florida (time) By Contract Administrator Date BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 140 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] ATTEST: (Secretary) (Corporate Seal) F:\ATTO\AGUR\AGREEMNT\frontend\stdfrm frtend.fnl.doc By: CONTRACTOR (Name of Corporation) (Signature) (Print Name and Title) day of , 20 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 141 [If not incorporated sign below.] WITNESSES: By: F.WTTOIAGURIAGREEMNTIfrontendlstdfrm.frtend fnl.doc CONTRACTOR (Name of Firm) (Signature) (Print Name and Title) day of BID NO. 39-06/07 CITY OF :MIAMI BEACH DATE: 09/24/07 142 [ ] 00950. PLANS AND SPECIFICATIONS The Plans and Specifications for the MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER, have been prepared by: City of Miami Beach Convention Center's Project Manager BID NO. 39-06/07 CITY' OF MIAMI BEACH DATE: 09/24/07 143 01000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as Addendums to the Contract Documents. (Please see page 167) BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 144 Table of Contents 1. INTRODUCTION 149 1.1. Purpose 1.2. Background 2. ASSESSMENT 150 3. DEVELOPMENT 151 3.1. Site Survey 3.2. Quality Control Project Specification 4. PROJECT PLAN 156 4.1. Project Team Meeting 5. DOCUMENTATION AND REPORTS 156 5.1. Document Standards 5.2. Documentation Retention and Control Requirements 5.3. Turnover Documentation Requirements 6. SCOPE OF WORK 157 7. VARIABLE SPEED DRIVES 160 8. TRAINING REQUIREMENTS SURVEY 168 8.1. Project -Level Training 8.2. Post -Project Operational Training 9. SIGNOFF AND SYSTEM ACCEPTANCE CRITERIA 169 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 147 MIAMI BEACH CONVENTION CENTER 1901 CONVENTION CENTER DRIVE STANDALONE CONTROL UNIT (SCU) MIGRATION BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM STANDALONE CONTROL UNIT (SCU) MIGRATION PROJECT 04/09/2007 ABSTRACT The objective of this document is to request a proposal and a plan that describes methods and responsibilities that establish controls intended to ensure that changes made to the Building Environmental Monitoring and Control System are effectively implemented in order to minimize risk(s) and the potential for unscheduled downtime or other disruptions to system operation. This document presents a structure for the bidding, planning, execution, and control strategies for the Building Environmental Monitoring Control System for the Miami Beach Convention Center, — SCU Migration Project. This document communicates design cycle, application development methodology, testing, installation, commissioning and the entire project's commitments/deliverables. BID NO: 39-06/07 DATE: 09/24/07 MIGRATION PROJECT FOR BUILDING ENVIRONMENTAL MONITORING AND CONTROL SYSTEM FOR THE MIAMI BEACH CONVENTION CENTER BID # 39-06/07 1. INTRODUCTION 1.1. Purpose The development of this project is necessary due to City of Miami Beach's decision to migrate existing Siemens Standalone Control Unit's (SCU) enabling needed capability to achieve an improved operational and compliance position for the Building Environmental Monitoring and Control System at the Miami Beach Convention Center facility. The objective of this document is to request a proposal and a plan that describes methods and responsibilities that establish controls intended to ensure that changes made to the Building Environmental Monitoring and Control System are effectively implemented in order to minimize risk(s) and the potential for unscheduled downtime or other disruptions to system operation. This document presents a scope of work and structure for the planning, execution, and control strategies for the Building Environmental Monitoring Control System for the City of Miami Beach's, — SCU Migration Project. This document communicates design cycle, application development methodology, testing, installation, commissioning and the entire project's commitments/deliverables. A goal for this migration plan is to adequately organize the project to minimize cost, downtime, and potential disruptions. 1.2. Backaround The Siemens Standalone Control Unit (SCU), introduced in 1983, was retired on 1/1/2000 because of the obsolescence of critical components it is built upon. When Siemens retires a product, it enters into a service support status for seven years. During this period, a product is available as a service replacement only. After the expiration of the service support status, the part becomes obsolete and no replacement parts are guaranteed. Subsequently, the supplies of repair and replacement parts, to facilitate the servicing of existing panels, are available through December 2006. The availability of repair parts provides flexibility in the timing of the decision to migrate SCUs, but is ultimately necessary. Variables that influence the decision to migrate SCUs include: • Increased failure rates of aging components (business continuity). • Features and functionality that is only available with the latest technology, for example, high-speed communication between control panels and the system server (system performance/ user functionality). BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 149 • Performance degradation due to operating modern software on out-of- date hardware (business continuity, system performance/user functionality) • Limitations of the existing hardware platform to achieve compliance with emerging regulatory requirements for electronic records (regulatory). • Ease of reliably migrating equipment and software in a current Good Operational Process and regulated environment (validation, change management). 2. ASSESSMENT Currently the Miami Beach Convention Center facility at, 1901 Convention Center Drive, Miami Beach has a Siemens Building Environmental Monitoring and Control System. The existing Siemens Apogee Insight® Version 3.1 is installed to control the environment, monitor, alarm and collect trend data. The existing Building Environmental Monitoring and Control System has programmable alarm functions as well as configurable historical data collection. The alarm functions as well as configurable historical data collection are qualified for specified critical parameters. The project and Building Environmental Monitoring and Control System are deemed highly critical because the quality of the HVAC utilities and the acquisition of environmental measurement data have direct impacts on the energy costs and customer satisfaction areas. At the Building Environmental Monitoring and Control System, data is controlled, maintained, and disseminated through a server -client and server -server relationship with security provided by its operating system (Windows) along with additional application features. In addition to data management, the system includes interfaces for system operation, alarm management and operator notification, system recovery, and reporting functions. The following types of electronic records are created and maintained by the Building Environmental Monitoring and Control System: • Trend/point value history data records • Alarm records (alarm condition, return -to -normal, acknowledge) • System activity/operator transaction records (Audit Trails) • System database records (for example, Insight Server® and workstation database records, field panel database, PPCL, etc.) APOGEE® field panels provide the critical interface between field instrumentation and the APOGEE server database. Subsequently, the APOGEE database provides a single location for operator interfaces to system information. Control panels and there ability to interface with the APOGEE server, therefore is critical to maintaining data needed to demonstrate compliance. The Insight System Activity Log application records three types of events (that is, alarm, system, and user.) BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 150 Alarm events include point alarm limit exceeded, alarm acknowledgment, and return to normal. System events include object changes, data uploads, and data downloads. User events include log on and log off activity, and most other operator initiated activity. While the alarm events encompass operational data, system events and user events record information relative to operator actions (for example, audit trails). Retention of system activity log information is necessary to achieve compliance with the use of secure, computer-generated, time -stamped audit trails to independently record the date and time of operator entries and actions that create, modify, or delete electronic records. Security features in the Building Environmental Monitoring and Control System identify a user, enable/restrict individual user capabilities, and incorporate user identification into audit trails. COMPLEXITIES and Criticality Assessment The project and Building Environmental Monitoring and Control System are deemed highly critical because the quality of the HVAC utilities and the acquisition of environmental measurement data have direct impacts on the energy costs and customer satisfaction areas. The complexity of the project is determined to be moderate. The panel migration process is well defined and organized by the system vendor, Siemens Building Technologies, thus there is minimal disruption expected in order to integrate new equipment and perform testing. The project timeline is compressed in order to migrate the SCU controllers within the planned shutdown. Therefore, close monitoring of tasks on the critical path is crucial, as delays will impact several interests, affecting multiple scheduled events. 3. DEVELOPMENT 3.1. Site Survey The system vendor, Siemens Building Technologies, performed the site survey. This project intends to replace obsolete SCU technology with newer generation equipment placed in the existing SCU field cabinet(s) along with using, where possible, existing instrumentation and outboard gear (for example, relays, transducers, etc). Available replacement controller platforms include the Modular Equipment Controller (MEC) and Modular Building Controller (MBC). The MEC models include an Ethernet or BLN network version, with or without FLN support. A design using the MEC platform may include any available MEC Expansion modules. The MBC SCU migration panel incorporates a newly designed 32 -position backplane in conjunction with using a Service Box. The site survey is conducted to document existing hardware, software, and network equipment so that an appropriate design specification can be developed. The following details the investigative work involved in the site survey. All information is adequately documented. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 151 Existing Hardware 1. Determine number of panels considered for migration. Identify panels that monitor and/or control devices in cGMP areas. 2. Determine number of existing points and point types for each panel considered for migration. Identify points that monitor and/or control devices in cGMP areas. The following is a listing of possible point types: LAI, Current Sensor Type = 1 All LAI, Voltage Sensor Type = 1 AIV LAI, Pneumatic Sensor Type = 1 AIP LAI, Thermistor Type = 1 A1100k LAO, Pneumatic Type= 1 AOP LAO, Voltage Type = 1 AOV LAO, Current Type = 1 AOI LAO, Resistance Type = 1 AOR LPACI = 1 DIC (do not mix LPACI with DI count) LDI = 1 DI LDO = 1 DO - L2SL = 1 DO plus 1 DI - L2SP = 2 DO plus 1 DI LFSSL = 2 DO plus 1 DI - LFSSP = 3 DO plus 1 DI - LOOAL = 2 DO plus 1 DI - LOOAP = 3 DO plus 1 DI 3. Determine number of and type of instrumentation connected to SCUs considered for migration and identify those that monitor and/or control devices in cGMP areas. Examples include, but not limited to: - RTDs - RH - Air Flow Measurements - Binary Status Switches - Valves - Dampers - Static Pressure - Room Pressure Line Pressure 4. Determine number of and type of interlocks and safety's integral to SCUs considered for migration and identify those that monitor and/or control devices in cGMP areas. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 152 Examples include, but not limited to: - Freeze protection - Run Enable, for example, Open damper status — Fan enable - High Humidity — Humidifier shutdown High Temperature — Electric Heater shutdown - Duct High Pressure — Fan shutdown Equipment Survey 1. Determine number of interface devices controlled by SCUs considered for migration. Identify equipment that monitor and/or control devices in areas. Examples include, but not limited to: - Control Relays Analog E/P Converter Instruments - Binary E/P Converter Instruments - Analog P/E Converter Instruments Binary P/E Converter Instruments Determine equipment monitored and/or controlled by SCUs considered for migration. Identify equipment that monitor and/or control devices in areas. Examples include, but not limited to: - HVAC equipment, for example, Air Handlers, Chillers, Boilers - Fume hoods - High efficiency filters Current Software 1. For SCUs considered for migration, acquire, control, and use copies of existing panel databases (for example, two copies for each panel). 2. For SCUs considered for migration, identify field panel equipment that does not have corresponding point definitions in the existing database. 3. For SCUs considered for migration, identify field panel point definitions in the existing database that do not have corresponding equipment. 4. For SCUs considered for migration, identify failed points to determine if there is a software or hardware problem. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 153 Current Network Infrastructure 1. Determine current network (MLN/BLN) information; include diagrams as necessary. 2. Determine expected network throughput requirements. 3. Evaluate the current network design to determine if changes to the network infrastructure are necessary to meet requirements and/or use new controller capabilities for increased system efficiency and speed. Note: Any approved changes to the network infrastructure is completed prior to executing work under this change control procedure and will follow a separate change control procedure specific to the system networks (for example, BLN/MLN). Documentation Survey 1. Evaluate existing documentation (for example, specifications, protocols, system information, etc.) to determine what documentation requires changes/updating. 2. Evaluate documentation requirements and incorporate additional documentation in the project plan and list of turnover documentation. Unusual. Uniaue or Critical Elements in the Current Desian 1. Determine unusual, unique or critical elements within the current design of SCUs considered for migration. Examples include, but not limited to: - Interface to smoke damper control and/or any fire suppression/fire alarm system - Containment failure audible and/or visual operator notification - Hazardous (for example, noxious, explosive gas) material detection Strategy to Maintain Control durina Miaration Control System Shutdown 1. System Operator's Group and the system vendor collaborate to determine what equipment needs to be manually operated and what methods to be followed to ensure critical parameters are maintained. 2. Establish a training plan on the manual operation plans and methods. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 154 3.2. Quality Control Proiect Specification All surveys and business continuity strategies are to be completed and approved prior to execution of any project tasks that have the potential to interfere with and/or disrupt normal operation of the system. Incident reporting is used for documenting testing failures and changes. Any project team member who witnesses an occurrence of a system anomaly or executes a test case, which fails in part or in total, will initiate an incident report. At the discretion of the Project Manager or his/her designee, typographical and/or other minor errors that do not affect the intention of test cases do not require completion of the Incident Reporting process. Instead, a correction to the testing form is added by the tester and verified by the Project Manager or his/her designee. An Incident Report Log is maintained to document failures and corrective action taken along with the signature of the person generating the reporting of the incident. A correlation between the log and the Incident Report is established and documented. Incident Reports include a written description of the problem in the Software Development and Testing Log Book and an explanation to describe how the problem occurred (as applicable). Following discussion with the appropriate personnel and following approval by Quality Assurance, remediation (corrective action plan) is executed rectify the situation. Following corrective action retesting is executed as necessary. The description of the corrective action is documented in a written Incident Report. Quality Assurance will initial the Incident Report as an indication that the corrective action resolved the incident satisfactorily. All testing documentation is completed during execution of the test plan. Vendors, system operators, and system administrator have the training and experience to properly execute assigned tasks. Test case pre -requisites must be met before commencing with test case procedure(s). Software Acceptance Testina: • Field Panel Firmware Verification • Analog Input — Point Simulation Checkout (*minimum one of each point type in all new controllers) • Analog Output — Point Simulation Checkout (*minimum one of each point type in all new controllers) • Digital Input — Point Simulation Checkout (*minimum one of each point type in all new controllers) • Digital Output — Point Simulation Checkout (*minimum one of each point type in all new controllers) ■ MBC/MEC Panel Configuration Verification (*all new controllers) ■ Custom Program Code (PPCL) Verification per pre -approved forms found in the Attachments BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 155 4. PROJECT PLAN 4.1. Proiect Team Meetings Meetings are conducted as necessary to resolve any quality, project schedule, or project cost issues. Prior to returning the system operational readiness status the project manager schedules and conducts a turnover meeting with all stakeholders to ensure all tasks are satisfactorily completed and the system is ready for normal operation. 5. DOCUMENTATION AND REPORTS 5.1. Document Standards Lifecycle Documents Assigning the following to each document uniquely identifies life cycle documents: • Document Title • Project Number • Document Identifier (Issued for Construction, As -Built, etc.) • Revision Date • Revision Number • Developer's Initials Hardware Related Documentation Hardware Related Documentation is identified according to the following arameters for each major piece of hardware (as applicable): • Hardware Component Name. • Tag Name/Number. • Appropriate Drawing Number shown on plans within Title/Record Blocks. Software Documentation Where modification of custom application code (PPCL) is necessary, the change control SOP for adding, deleting, or modifying PPCL programs is followed. 5.2. Documentation Retention and Control Reauirements Quality assurance maintains control of project documentation as required. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 156 5.3. Turnover Documentation Reauirements Siemens' Turnover Package will include hard copies as well as soft copies (as applicable) for the following: • Copies of the following Design Drawings, manuals, and Reports (electronic where possible) - Electrical Layout As -Built - Panel Location As -Built - MBCs, MECs and Field Interface Panel As Built - Instrument Index As -Built - Siemens' P&IDs As -Built - Loop Diagrams/Schedule As -Built - As -Built Hardware Design Specifications - As -Built Software Design Specifications - System Database/Point Configuration Reports Custom Program Code (PPCL) Reports • Operations and Maintenance Manuals • Training records • System Acceptance and sign off (Miami Beach Convention Center System Operators) • Maintenance records • Calibration records for new instrumentation 6. SCOPE OF WORK • The Contractor at a minimum shall provide the following scope of work: • The successful bidder shall develop a strategy for maintaining building control during the required shutdowns of the various control panels and mechanical equipment. All of the existing sequences of operation and control strategies must be maintained during the course of the project. • Provide the labor and material to install 25 Fast Forward Kits into the existing control panels. The kits shall contain the following components: • MBC -32 Backplane Assembly with pre -mounted DIN rail and 115V Service Box. • MBC Power Module and the accessory kit that includes the following: Sixteen (16) 10 -18 AWG wire nuts for capping DO wires, four (4) 7/16 -inch nuts for mounting the MBC backplane. Four (4) self -tapping screws for installing the high voltage wire barrier. Open Processor Point Termination Modules (including pneumatic modules) Address Keys DIN Rail Wire Extender Kits (545-207) used with the DIN rail that is pre -mounted to the MBC backplane for DO wire extensions. The kit includes the following; Eight (8) modular terminal blocks that mount on the DIN rail. One (1) end cap, seven (7) 2 -position plug-in jumpers, one (1) 10 -position segmented plastic label that is used for labeling terminated wires. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 157 • Provide and install the necessary Non -DO Wire Extender Kits (545-157). Each kit shall include eight (8) 12 -inch 18 AWG pre -stripped wires connected to eight (8) 3 - position Molex terminal blocks. • Provide the necessary Pneumatic Kits with AO -P Transducers. The Pneumatic Kit with AO -P Transducers is designed to mount on the SCU door using the two (2) mounting studs that hold the controller board backplane. The pneumatic kit consists of the following components: Backplane with pre -mounted AO -P transducers, Air line filters, Pre -terminated and pre -labeled tubing, Pre -terminated and pre -labeled wiring, Power cord that plugs into the field panel service box • Provide the necessary SCU Option Panels. The SCU Option Panel mounts on the inside of the SCU enclosure door. It consists of a perforated backplane with a block for terminating wires, a power cord that plugs into the field panel service box, and wire tie rails. • Provide the necessary Wire Labels with the Design Tool 4.7 which automatically generates wire labels based on the SCU database. The labels are a cross-reference between the SCU and the new field panel points. The labels are printed in sequential order from left-to-right. Use the extra space on the labels to write wire color or wire designation. The information printed on the labels is determined by point type. The labels are generated as follows: • • Al Points One label for each point, Indicate the wire color for each termination point on the label (26V, SIG, COM, SHIELD). DO Points Two labels for each point (one C and one NO or NC).Circle NO or NC on the label. • DI Points Two labels for each point (one A and one B). • AO Points One label for each point. • Pneumatic Devices; three (3) labels for each device: RO through R7 for the return line to each DPV SO through S7 for supply lines 0 through 7 for the AO -P transducers on the pneumatic kit. • Provide the labor and material to "Fast Forward" one hundred and forty six (146) Terminal Control Units (TCU's) with Terminal Equipment Controllers (TEC's) • Provide the labor and material to "Fast Forward" one hundred and forty two (142) Multiple Point Units (MPU's) with Digital Point Expanders (DPE's) • Provide the labor and material to "Fast Forward" twenty two (22) Digital Point Units (DPU's with Digital Point Expanders (DPE's) • Provide the labor and material to replace and integrate six (6) existing Graham Variable Speed Drives with Variable Speed Drives including 3 -contactor manual bypass enclosures. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 158 • West Wrap: AHWA-34 15HP 460 volts 3 phase, AHWA-37 15HP 460 volts 3 phase, AHWA-10 15HP 460 volts 3 phase, AHWA-22 7.5HP 460 volts 3 phase, AHWA-21 7.5HP 460 volts 3 phase, AHWA-23 7.5HP 460 volts 3 phase. (6) • Provide the labor and material to install and integrate twenty-two (22) Variable Speed Drives including 3 -contactor manual bypass enclosures for the following Units, the existing inlet vanes need to be completely removed on the units receiving variable speed drives. The drives shall be installed on unistrut at the air handler locations and the fire alarm system shall be extended to provide the shut down from the existing motor control center starters. • • • All electrical work related to the drives shall be installed in conduit and comply with the national electric code. Low voltage conduit and wire must be extended from the closest control panel for integration on the Local Area Network. 1. A Hall (East Wrap): AH37 25HP 460 volts 3 phase, AH41 15HP 460 volts 3 phase, AH42 15HP 460 volts 3 phase, AH44 30HP 460 volts 3 phase, AH47 20HP 460 volts 3 phase, AH48 30HP 460 volts 3 phase. (6) 2. B Hall (East Wrap): AH38 25HP 460 volts 3 phase, AH39 15HP 460 volts 3 phase, AH40 15HP 460 volts 3 phase, AH43 30HP 460 volts 3 phase, AH45 30HP 460 volts 3 phase, AH46 20HP 460 volts 3 phase. (6) 3. C Ballrooms: AHWA-01 15HP 460 volts 3 phase, AHWA-02 15HP 460 volts 3 phase, AHWA-02 30HP 460 volts 3 phase. (3) 4. D Ballrooms: AHWA-15 15HP 460 volts 3 phase, AHWA-16 15HP 460 volts 3 phase, AHWA-17 15HP 460 volts 3 phase. (3) Provide the labor and material to replace of the existing temperature sensors located in the hallways and on columns with flush mount temperature sensors in the Convention Center floor area. Provide the labor and material to install a new high speed communications trunk to all of the control panels. The communication trunk wiring must be low capacitance wire and installed in conduit in the catwalks. The trunk wiring must not be t -tapped. Provide the labor and material to install an open processor for communication to the Trane Chillers at the Miami Beach Convention Center Chiller plant. The Trane BCU panel is to be provided by the Miami Beach Convention Center. • Provide the labor and material to perform the Engineering, the project Submittals, and the As -Built drawings. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 159 • • Provide the labor and material for the Operator Interface - the Server (to be located on-site at the Miami Beach Convention Center), Provide the following software upgrades: Apogee Terminal Services option, Apogee Go option with unlimited licenses, six (6) Apogee Advanced Client Licenses, Apogee RENO option, two (2) laptops, and three (3) handheld wireless interface devices. Provide the labor and material for the Mechanical Equipment Controller (MEC) with a network connection to be installed at the following locations for future expansion; Byron Carlyle, Plymouth, Ansonia and the Colony. Note: Various Network IP connections and addresses to be provided by the Miami Beach Convention Center. The remote control panels will communicate to the server via the network connections. • Provide the necessary permits, System manuals and required documentation. • Provide all work during normal business hours 8AM-4:30PM Monday thru Friday. 7. VARIABLE SPEED DRIVES PART 1 GENERAL 1.01 SECTION INCLUDES A. Variable Frequency Drive (VFD). 1.02 RELATED SECTIONS A. Section 16195 - Electrical Identification: Engraved nameplates. 1.03 REFERENCES A. NEMA ICS 3.1 - Safety Standards for Construction and Guide for Selection, Installation and Operation of Variable Frequency Drive Systems. B. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum). C. UL, and cUL Approved D. IEEE Standard 444 (ANSI -C343) E. IEEE Standard 519 F. IEC: 146A G. UL 508C (Power Conversion) H. CSA 22.2 No. 14-95 (Industrial Control Equipment) I. UL 1995 (Plenum rating) BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 160 J. EN 50178 (LVD) K. EN 61800-3 L. IEC 529 M. FCC CFR 47 Part 15 Subpart B 1.04 SUBMITTALS A. Submit under provisions of Section 01340. B. Shop Drawings shall include: Wiring diagrams, electrical schematics, front and side views of enclosures, overall dimensions, conduit entrance locations and requirements, nameplate legends, physical layout and enclosure details. C. Product Data: Provide data sheets showing; voltage, ratings of customer use switching and over -current protective devices, short circuit ratings, and weights. D. Manufacturer's Installation Instructions and Technical Manuals: Indicate application conditions and limitations of use stipulated by product testing agency specified under regulatory requirements. Include instructions for storage, handling, protection, examination, preparation, installation, and starting of adjustable speed drive. Document the sequence of operation, cautions and warnings, trouble shooting procedures, spare parts lists and programming guidance. 1.05 QUALITY ASSURANCE A. VFD shall have a minimum MTBF (mean time between failure) rating of 28 years (245,280 Hours). 1.06 OPERATION AND MAINTENANCE DATA A. Submit under provisions of Section 01700. B. Include instructions for starting and operating VFD, and describe operating limits, which may result in hazardous or unsafe conditions. 1.07 QUALIFICATIONS A. Manufacturer must have a minimum of 25 years of documented experience, specializing in variable frequency drives. 1.08 DELIVERY. STORAGE. AND HANDLING A. Deliver, store, protect and handle products to site, under provisions of Section 01610. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 161 B. Accept VFD on site in original packing. Inspect for damage. C. Store in a clean, dry space. Maintain factory wrapping, or provide an additional heavy canvas or heavy plastic cover, to protect units from dirt, water, construction debris, and traffic. D. Handle carefully, in accordance with manufacturer's written instructions, to avoid damage to components, enclosure, and finish. 1.09 WARRANTY A. Provide VFD warranty, for one year from date of startup, not to exceed 18 months from date of shipment. Warranty shall include parts, and labor allowance for repair hours. PART 2 PRODUCTS 2.01 MANUFACTURERS A. VFD shall be manufactured by Yaskawa Electric B. Drives and motors shall be by the same manufacturer. Motors should be inverter duty rated, per NEMA MG1 parts 30 and 31, for motor -drive compatibility. 2.02 DESCRIPTION A. Provide enclosed variable frequency drives suitable for operation at the current, voltage, and horsepower indicated on the schedule. Conform to requirements of NEMA ICS 3.1. 2.03 RATINGS A. VFD must operate, without fault or failure, when voltage varies plus 10% or minus 15% from rating, and frequency varies plus or minus 5% from rating. B. VFD shall be 480 volts, 60 Hz, 3 Phase C. Displacement Power Factor: 0.98 over entire range of operating speed and load. D. Operating Ambient Temperature: -10 degrees C to 40 degrees C (14 degrees F to 104 degrees F) E. Humidity: 0% to 95% non -condensing. F. Altitude: to 3,300 feet, higher altitudes achieved by derating. G. Minimum Efficiency: 96% at half speed; 98% at full speed. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 162 H. Starting Torque: 100% starting torque shall be available from 0.5 Hz. to 60 Hz. I. Overload capability: 110% of rated FLA (Full Load Amps) for 60 seconds; 180% of rated FLA, instantaneously. J. The VFD must meet the requirements for Radio Frequency Interference (RFI) above 7 MHz as specified by FCC regulations, part 15, subpart J, Class A devices. K. Total Harmonic Distortion (THD) compliance: Given the information provided by the customer's electric power single line diagram and distribution transformer data, the VFD manufacturer shall carry out an analysis of the system. The analysis reviews the potential for the proposed equipment, and any existing equipment, to meet IEEE 519 (tables 10.2 and 10.3) recommendations at the Point of Common Coupling (PCC). The result of the analysis shall determine if additional power quality improvement measures should be included in the proposal to meet the THD recommendations of IEEE 519. The PCC shall be at the primary side of the main distribution transformer. L. VFDs must have a minimum short circuit rating of 65K amps RMS (100K amps RMS with a DC bus reactor) without additional input fusing. 2.04 DESIGN A. VFD shall employ microprocessor based inverter logic, isolated from all power circuits. B. VFD shall include surface mount technology with protective coating. C. VFD shall employ a PWM (Pulse Width Modulated) power electronic system, consisting of: 1. Input Section: a. VFD input power stage shall convert three-phase AC line power into a fixed DC voltage via a solid state full wave diode rectifier, with MOV (Metal Oxide Varistor) surge protection. 2. Intermediate Section: a. DC bus as a supply to the VFD output Section shall maintain a fixed voltage with filtering and short circuit protection. b. DC bus shall be interfaced with the VFD diagnostic logic circuit, for continuous monitoring and protection of the power components. c. 30 HP to 150 HP @ 208 VAC, 30 HP to 150 HP @ 240 VAC, and 40 HP to 500 HP 480 VAC, VFDs shall include a DC bus reactor to minimize reflected harmonics. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 163 3. Output Section: a. Insulated Gate Bipolar Transistors (IGBTs) shall convert DC bus voltage to variable frequency and voltage. b. The VFD shall employ PWM sine coded output technology to power the motor. c. The VFD must be selected for operation at carrier frequencies at or above 5k Hz without derating to satisfy the conditions for current, voltage, and horsepower as indicated on the equipment schedule. Exception to this requirement is allowed only for VFDs providing 506 amps or more. d. VFD shall have an adjustable carrier frequency: The carrier frequency shall have a minimum of six settings to allow adjustment in the field. e. VFD shall have embedded Building Automation System (BAS) protocols for network communications;, Siemens System 600 APOGEE, This protocol shall be accessible via a RS -422/485 communication port. f. VFD shall have a quick disconnect, removable control I/O terminal block to simplify control wiring procedures. g. VFD shall include two independent analog inputs. One shall be 0-10 VDC. The other shall be programmable for either 0-10 VDC or 4-20 mA. Either input shall respond to a programmable bias and gain. h. VFD shall include a minimum of seven multi -function digital input terminals, capable of being programmed to determine the function on a change of state. These terminals shall provide up to 30 functions, including, but not limited to: j• 1. Remote/Local operation selection 2. Detection of external fault condition 3. Remote Reset 4. Multi -step speed commands 5. Run permissive 6. Floating control VFD shall include two 0-10 VDC or 4-20 mA analog output for monitoring, or "speed tracking" the VFD. The analog output signal will be proportional to output frequency, output current, output power, PI (Proportional & Integral control) feedback or DC bus voltage. VFD shall provide terminals for remote input contact closure, to allow starting in the automatic mode. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 164 k. VFD shall include at least one external fault input, which shall be programmable for a normally open or normally closed contact. These terminals can be used for connection of firestats, freezestats, high pressure limits or similar safety devices. I. VFD shall include two form "A" contacts and one form "C" contact, capable of being programmed to determine conditions that must be met in order for them to change state. These output relay contacts shall be rated for at least 5A at 120 VAC and shall provide up to 18 functions, including, but not limited to: 1. Speed agree detection. 2. Low and high frequency detection. 3. Missing frequency reference detection. 4. Overtorque/Undertorque detection 5. Drive Running 6. Drive Faulted m. VFD shall include a power loss ride through of 2 seconds. n. VFD shall have DC injection braking capability, to prevent fan "wind milling" at start or stop, adjustable, current limited. o. VFD shall have a motor preheat function to prevent moisture accumulation in an idle motor. p. VFD shall include diagnostic fault indication in selected language, last 10 faults storage and heatsink cooling fan operating hours. q. VFD shall have a digital operator with program copy and storage functions to simplify set up of multiple drives. The digital operator shall be interchangeable for all drive ratings. r. VFD shall include a front mounted, sealed keypad operator, with an English language (or one of 6 additional international languages) illuminated LCD display. The operator will provide complete programming, program copying, operating, monitoring, and diagnostic capability. Keys provided shall include industry standard commands for Hand, Off, and Auto functions. s. VFD plain language display shall provide readouts of; output frequency in hertz, PI feedback in percent, output voltage in volts, output current in amps, output power in kilowatts, D.C. bus voltage in volts, interface terminal status, heatsink temperature and fault conditions. All displays shall be viewed in an easy -to -read illuminated LCD with International language selectability. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 165 t. VFD unit shall include the following meters to estimate use of energy: 1. Elapsed Time Meter 2. Kilowatt Meter 3. Kilowatt Hour Meter u. VFD shall include PI control logic, to provide closed loop setpoint control capability, from a feedback signal, eliminating the need for closed loop output signals from a building automation system. The PI controller shall have a differential feedback capability for closed loop control of fans and pumps for pressure, flow or temperature regulation in response to dual feedback signals. v. An energy saving sleep function shall be available in both open loop (follower mode) and closed loop (PI) control, providing significant energy savings while minimizing operating hours on driven equipment. When the sleep function senses a minimal deviation of a feedback signal from setpoint, or low demand in open loop control, the system reacts by stopping the driven equipment. Upon receiving an increase in speed command signal deviation, the drive and equipment resume normal operation. w. VFD shall include loss of input signal protection, with a selectable response strategy including speed default to a percent of the most recent speed. x. VFD shall include electronic thermal overload protection for both the drive and motor. The electronic thermal motor overload shall be approved by UL. If the electronic thermal motor overload is not approved by UL, a separate UL approved thermal overload relay shall be provided in the VFD enclosure. y. VFD shall include the following program functions: 1. Critical frequency rejection capability: 3 selectable, adjustable deadbands. 2. Auto restart capability: 0 to 10 attempts with adjustable delay between attempts. 3. Ability to close fault contact after the completion of all fault restart attempts. 4. Stall prevention capability. 5. "S" curve soft start capability. 6. Bi-directional "Speed search" capability, in order to start a rotating load. 7. 14 preset and 1 custom volts per hertz pattern. 8. Heatsink over temperature speed fold back capability. 9. Terminal status indication. 10. Program copy and storage in a removable digital operator. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 166 11. Current limit adjustment capability, from 30% to 200% of rated full load current of the VFD. 12. Motor pre -heat capability 13. Input signal or serial communication loss detection and response strategy. 14. Anti "wind -milling" function capability. 15. Automatic energy saving function. 16. Undertorque/Overtorque Detection. 17. Preset speeds z. VFD shall include factory settings for all parameters, and the capability for those settings to be reset. aa. VFD shall include user parameter initialization capability to re- establish project specific parameters bb. VFD shall include the capability to adjust the following functions, while the VFD is running: 1. Speed command input. 2. Acceleration adjustment from 0 to 6000 seconds. 3. Deceleration adjustment from 0 to 6000 seconds. 4. Select from 5 preset speeds. 5. Analog monitor display. 6. Removal of digital operator. 2.05 PRODUCT OPTIONS A. Three Contactor Manual Bypass shall be provided when indicated by the schedule. VFD and bypass components shall be mounted inside a common NEMA 1 enclosure, fully pre -wired, and ready for installation as a single UL listed device. Bypass shall include the following: 1. Input, output, and bypass contactors, to disconnect power to the VFD, when the motor is running in the bypass mode. 2. 120 VAC control transformer, with fused primary. 3. Magnetic overload relay, to protect the motor while operating in the bypass mode. 4. Circuit breaker/disconnect switch, with a pad -lockable through - the -door handle mechanism. 5. Control and safety circuit terminal strip. 6. Drive/Bypass selector switch, Hand/Off/Auto selector switch, Normal/Test selector switch. 7. Switch selectable smoke purge, auto transfer to bypass and remote transfer functions. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 167 8. Pilot lights (22 mm LEDs) for "Control Power ", "Drive Fault", "Drive Run", "Bypass Run", "OUSafety Fault" and "Smoke Purge". 9. Normal[Test selector switch, shall allow testing and adjustment of the VFD, while the motor is running in the bypass mode. 10. Hand/Off/Auto selector switch shall provide the following operation: • Hand Position - The drive is given a start command, operation is via the local speed input (digital operator or speed pot.). If in bypass mode, the motor is running. • Off Position - The start command is removed, all speed inputs are ignored, power is still applied to the drive. If in bypass mode, the motor is stopped. • Auto Position - The drive is enabled to receive a start command and speed input from a building automation system. If in bypass mode, the motor start/stop is controlled by the building automation system 11. Annunciation contacts for drive run, drive fault, bypass run and motor OL/safety fault. 12. Damper control circuit with end of travel feedback capability. 13. VFD operator/keypad selection, LCD or LED types. 14. HIO/A control panel selection, Touch pad or rotary switch types. 8. TRAINING REQUIREMENTS 8.1 Proiect-Level Training As appropriate and prior to execution of project tasks that will place the system into manual operation, the successful bidder will instruct Miami Beach Convention Center System Operators personnel on safe and appropriate manual system operation methods. Successful bidder shall provide a minimum of forty (40) hours of training, which shall include at least two (2) copies of video tapes of the required training program. 8.2 Post-Proiect Operational Trainina Upon completion of Start-up and Commissioning/Site Acceptance Testing phases, the successful bidder will provide Miami Beach Convention Center System Operators personnel with 8 hours of training. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 168 A lesson plan is developed and approved which outlines all training necessary for continued proper operation of the system following the completion of the migration project. The training is designed specific to equipment installed for the Miami Beach Convention Center Facility at, 1901 Convention Center Drive, Miami Beach — Building Environmental Monitoring System Upgrade Project. 9. SIGNOFF AND SYSTEM ACCEPTANCE CRITERIA 9.1 A turnover meeting is conducted to ensure all stakeholders agree that (1) The project is completed and ready for turnover to users, (2) Testing is completed and demonstrates consistent intended performance, (3) All incidents and corrective actions are satisfactorily resolved, and (4) All documentation is complete and under change control as required. 9.2 Evidence that necessary and adequate post -project operational training was completed and agreement that individuals, with responsibility for the proper operations and maintenance of equipment installed to replace SCUs per this SOP, have the training and experience for assigned tasks. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 169 PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with Section 255.05 (1) (a), Florida Statutes This bond is given to comply with Section 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. BOND NO. 3954433 CONTRACTOR: Name: Thermal Concepts, Inc. Address: 2201 College Avenue Davie, FL 33317 Phone: 954-472-4465 SURETY: Name: Ohio Casualty Insurance Company Address: 500 Winderley Place, Suite 200 Maitland, FL 32751 Phone: (800) 927-6446 OWNER: Name: City of Miami Beach Address: 1700 Convention Center Drive Miami Beach, FL 33139 Phone: 305-674-1040 CONTRACTING PUBLIC ENTITY (If different from the owner) Name: Address: Phone: Same as Owner BOND AMOUNT: $1.110.000.00 Contract Number (if applicable) ITB No. 39-06/07 Legal Description: Miami Beach Convention Center, Miami Beach, Miami -Dade County, FL. Project Address: Miami Beach Convention Center, Miami Beach, FL Description of Work: Mitigation project for Building Environmental Monitoring & Control Systems For the Miami Beach Convention Center FRONT PAGE: Any other pages attached to this front page are deemed to be subsequent to this page regardless of any page numbers that may be printed thereon. 00710. FORM OF PERFORMANCE BOND Bond #3954433 BY THIS BOND, We THERMAL CONCEPTS. INC. , as Principal, hereinafter called CONTRACTOR, and OHIO CASUALTY INSURANCE COMPANY , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of one Million One Hundred Ten Thnnsanaoand llars 00 it ° ($11,�1110.0oo.ob for the payment whereof -- CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: ITB No. 39-06/07 , awarded the day of , 20 , with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. erformis the C.ontrac.t beBuildingty n CONTRACTOR and CITY for construction of mlti at on roy7ec or nvironmenta Monito & Coutro y� G Ior the Miami RParh C �' tne- Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and BID NO. 39-06/07 CITY OF MIAMI BEACII DATE: 09/24/07 87 FORM OF PERFORMANCE BOND (Continued) 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1 Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and 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 CITY to CONTRACTOR under the Contract and any amendments thereto, Tess the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that 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. Signed and sealed this day of , 20 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 88 FORM OF PERFORMANCE BOND (WITNES Secretary (CORPORATE SEAL) IN THE PRESENCE OF: (Continued) By: THERMAL CONCEPTS, INC_ (Name of Corporation) ignature) J‘,I2 1� '►�� (Print Name and Title) INSURANCE COMPANY: OHIO CASUALTY INSURANCE COMPANY By: ent and A ley -in -Fact ames F. urphy Address: 50 Winderl ev Pl ace, _Sui re 200 (Street) Maitland, FL 32751 (City/State/Zip Code) Telephone No.: 800-927-6446 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 89 00720. FORM OF PAYMENT BOND Bond 13954433 BY THIS BOND, We THERMAL CONCEPTS. INC. , as Principal, hereinafter called CONTRACTOR, and OHIO CASUALTY INSURANCE COMPANY , as Surety, are bound to the City of Miarni Beach, Florida, as Obligee, hereinafter called CITY, in the amount of One Million One Hundred Teh ThousandQ28 16 ($1.,110,000.00*#* for the payment whereof CONTRACTOR and Surety bind themselves, theft heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: ITB No. 39-06/07 , awarded the day of , 20 , with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 90 FORM OF PAYMENT BOND (Continued) 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that 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 the Surety's obligation under this Bond. Signed and sealed this day of , 2061 ATTES N►� By: (Secretary) (Corporate Seal) CONTRACTOR THERMAL CONCEPTS. INC. (Name of Corporation) Signature) V- Pres (Print Name and Title) �9 day of )ckhL_Yl.i , 20 61 . BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 91 IN THE PRESENCE OF: INSURANCE COMPANY: OHIO CASUALTY INSURANCE COMPANY By. d Attorney -in -Fact times F. Murphy Address: 500 Winderley Places Suite 290 (Street) Maitland. FL 32751 (City/State/Zip Code) Telephone No.: 800-927-6446 BID NO. 39-06/07 CITY OF MIAMI BEACH DATE: 09/24/07 92 CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 39-805 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint Gerald J. Arch, Michael A. Holmes, James F. Murphy or Shawn A. Burton of Ft Lauderdale, Florida its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TEN MILLION ($10,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 20th day of February, 2007. STATE OF OHIO, COUNTY OF BUTLER Sam Lawrence, Assistant Secretary On this 20th day of February, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. r\\�i/\ 9 1* Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2007. This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article III, Section 9. Annointment of Attornevs-in-Fact. The Chairman of the Board, the President, any Vice -President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attomeys-in-fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the uriderstgned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attomey, the referenced By -Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this day of SEAL Assistant Secretary