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1701 Meridian Ave Bldg Quote No. VA-QT21M-08C7S- 7~i/p~ 1701 MERIDIAN AVENUE BUILDING PARTIAL HVAC RENOVATION PROJECT QUOTATION #VA-QT21M-08 Michael Alvarez, Public Works Assistant Director City of Miami Beach -Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 QUOTE NO: VA-QT21M-08 DATE: 08/12/08 CITY OF MIAMI BEACH 1 ~~p7~ 7~7-3"92 `~ c.~l j~-- ~ mss-. !~ 36 f - ~ 6 l ~ '- CITY OF MIAMI BEACH " http:llmiamibeachfl.gov Telephone (306) 6T3-7000 Facsimile (305) 673-7650 QUOTATION NO: VA-QT2IM-OS 1701 MERIDIAN AVENUE BUILDING PARTIAL HVAC RENOVATION PROJECT Description: This project consists of the partial renovation of the mechanical system existing in this building, which is beyond its useful life. Because the building is occupied the project is going to be divided in phases. The first phase consists of the removal of the existing chiller located on the roof of this building, the installation of a new chiller in the same location. This project also includes electrical upgrades to the switch gear and structural work shown on the plans. The project address is 1701 Meridian Avenue, Miami Beach FL. Scope of work: The project consists of the removal of the existing chiller that is beyond the useful life, located on the roof of this building and the installation of a new chiller in the same location, this work includes the roof work associate with the installation of new structural stands, mechanical connections to the rest of the installation in the building and the electrical connections. This project includes the complete upgrade of the main switch gear of the building and two others main panels associated with the chiller and the av handler unit to be replaced; the existing switch gear is inadequate to support the electrical loads of the new installation and equipments. On this first phase of the project we are also replacing the air handler unit located at the fifth floor and all masonry work associate with it. Is also included in this renovation the controls for the new AHU. The chiller coil will be coated with a special treatment to avoid prompt corrosion due to the aggressive atmosphere existing close to the beach. This project will have to be schedule so to minimize the impact on the tenants while the system is down and will be accomplish using two long week ends. Project schedule to be provided by Mechanical Contractor after the submittals are approved by the Engineer of record. The plans and specifications for this Project have been approved by the Building Department, and a Master Building permit has already been obtained for the entire scope of the Project by the City's Qualifier. Mechanical Contractor will follow the design and specifications approved, any require change on the scope of work or the design will have to be submitted to the Engineer of record for his review and approval. Contractors submitting quotes should examine the site and all current plans and specifications and base their Quote on existing field conditions, scope of work, and the proposed renovations. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 2 -~ Failure to do so will not be considered justification for additional charges after the contract is awarded. The successful Contractor will be required to famish General and Automobile Liability insurance, in the respective amounts of $1,000,000 (and include the City of Miami Beach, Florida, as additional insured on the certificate); current Occupational License; and copy of a current State of Florida Contractor License. The Ci of Miami Beach rese es the right to accept any Quote deemed to be in the best interest of the ity. The ity of i 'Beach may reject any and all Quotes. .~v~ Mic ael Alvarez, CGC Assistant Director, Public Works Department QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 3 H Z W d w 0 Y O U J m a 2 Q W m Q LL } H U H U w a Z O Q O Z W U 1 2 C~ Z O J m ti ti H w w 2 Z H a J m H Q ~ J o o 0 0 w Z O O O O O O Z N N U U ~ ~ ~U o 0 wZ Q ~ o 0 c i) Q U o 0 ~ w d O O O O O X `n u~ LL 6~9 69 C~ Z_ Z 0 ~ Z O ~ Q m a p^ U ti ~ ~a ~ ~ Qw > -, =O a rtw a. ~rsv........... ... _ _ ... - ~~ ~ 1 O11iE 1 . l~ CERTIFICATE OF i..1ABILITY INSURANCE ~D_2 ; 08/19 De ~ 7Hi5 CBtT~ICA E IS tSSIlED A MT7'ER OF INFORMATION ONE.Y AND CONFERS NO R1I;HTS UPON THE CERTIFICATE >,RDAl7 i SAdMH 0~' E7AIiIIfla 3~iC HOi.DBt. THIS CERTlFfCATE GOES NOT AINEND, EXTElID OR BOOfl 60s S~tE SZ9D 400 ALTER THE COVERAGE AFFORDED HY THE POI~dES BELOW- 3(I11lSI I,71'I[ES FL 33016-1'-186 NAIC~ g 3p3-36 t-7800 Fas: 305-822-5187 W 511RERS AFFORDING COVERAGE ~ ~ FC.Y3 IgSITRAI!<CE OQ>>~71NY 10148 a ~gp c 2697CSOUi~ SST 59 T4i CdtAtT ~Ra 1Q~ PL 33155 rarrceae - MI HAVE BEN 66t1ED TO THE PiSUFiED MIrVEO A9UNE FVR TAE POllCY PERIOD rpl(JITID. TtOT1Y'CHSTANDFIG TFE P OF NSURANCE LJSTEO BELO AIiY COIdTItlIGT OR OT}~!t DO(x1AlENT MrTM RESPECT TO WHICM THIS CERTIFlCJITE MAY ~ t56UED OR A1JY REOlMi6Y~1T, TERM OR CONDff1ON OF HE POt1CiES ~ESCRtBm H~iB16 S1~~CT TD•11LL THE TERMS, AND COFDITIQIS OF SI~CH MAY P'Ei'tTAfi. T!~ MSURAFIC£ A~IiDED by T pOLIC~S. ABATE t.WSTS s>tiow~l MAY HRVE B'eB+ IiEDUC~ BYPAiD CI.AfLS. -aIn ~u~n ~, L~ 7Y!! 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Property Management Department City of Miami Beach, FL RE: Replacement of Chiller, AHU 5-1, Electrical, Controls Work 777 Building City Of Miami Beach Based on plans, addendum No. 1 and subsequent supplemental information provided by your office, our cost for this project is: Price: $555,000.00. Qualifications/Remarks 1. Cost of permit is excluded: 2. Cost of parking is excluded. 3. Electrical Work for switchgear replacement on a 3-day weekend. 4. Chiller and Structural Support replacement on a 3-day weekend. 5. Temporary cooling included during replacement of AHU 5-1. 6. Block, .Stucco and paint work to allow rigging of AHU 5-1 through the exterior wall of the 5~' floor mechanical room is included. 15'x5' clear space for scaffolds is required. 7. Chiller coated on condenser coil only as per Trane's proposal. 8. See attached technical qualifications from FXP Corp and electrical subcontractor. Note that due to the current volatility in copper and other construction materials this price is only. good for thirty (3f~ days. Sincerely, / FXP C>l~3 1 ~is~ X erez, P.)~. 2897 Southwest 69thCourt • Miami, Florida 33155 • Tei: (305) 2b7-7748 • Fax: (305,) 267-7798 .-_~ f X P CORP. MECHANICAL CONTRACTORS CML057078 OB-0013547 PE#45968 CA#7491 July 30, 2008 RE: Summary of Technical Qualifications City of Miami Beach, 777 Building Attn: Property Management Department SIlVIII,AR PROJECTS PERFORMED BY FXP CORP Project Title/Description: Replace Emergency Chiller and Air Handling Units, Miami Beach Police Station Replacement of roof base mounted chiller, pumps, piping, insulation and accessories. Replacement of six (6) air handlers. Work done on weekends with uninterrupted A%C during regular business hours. Agency/Owner: City of Miami Beach Property Management Contract Amount:- $183,000:00 Project Title/Description:Replace A/C Units, Historic. City Hall Replacement of air handling units throughout entire City Hall building. The work included the A/C units, piping, insulation, ductwork, controls and accessories. .Some. work done on weekends with uninterrupted A/C during regular business hours. Agency/Owner: City of Miami Beach Property Management Contract Amount: $325;000 (combination of different projects) Project Title/Description: Replace A/C Units, Hollywood City Hall Replacement of air handling units throughout entire City Hall building. The work included the A/C units, piping, insulation and accessories. Most ofthe work .done on weekends with unintemipted A/C during regular business hours. Agency/Owner: City of Hollywood Contract Amount:. $380,000 Project Title/Description: Replace A/C Unit, Ocean Front Auditorium Replacement of existing mechanical system with new package A/C unit. The work included the A/C unit, pumps, piping; insulation and accessories. Agency/Owner: City of Miami Beach Property Management Contract Amount: $132,000 , 2897 Southwest 69th Court • Miami, Florida 33155 • Tel; (305) 267-7748 • Fax: (305) 267-7798 FXP .Corp 777 Bldg Proposal Technical Qualifications Project Title/Description: Replace Chillers, Viscaya Replacement of roof base mounted chillers, piping, 'insulation and accessories. .Agency/Owner: Miami-Dade County .Contract. Amount: $1 ~ 8, 000.00 " Project Title/Description: Replace Chiller, North Miami. Police Station .Replacement ofroof.base mounted chiller, piping, insulation and accessories. Work done on a time .constraint basis with areas being conditioned with spot coolers. Agency/Owner: Miami-Dade County . ;Contract Amount:. $55,000.00 Project TitlelDescription: Replace ten (10) Air Handling Units, FILT Replacement of air handling units inside penthouse (mechanical rooms at roof level). The work included the A/C units, piping, insulationand accessories. Agency/Owner: Florida International University Contract Amount: $9.85,-000 - - Project TitlelDescripton Replace Air Handling Units; Centennial Middle School Replacement of fifteen (15) air handling units inside penthouse (mechanical rooms.at roof level): The.workincluded the AIC.units, pipng,'insulation and accessories. Work done in an-expedited schedule over"the school summer break. Agency/Owner: Miami Dade County Public. Schools Contract Amount: $885;000. Project Title/Description: Replace Air; Handling Units, North Beach Elementary Replacement offive,(5) air handling units. The work included the AIC units, piping, insulation- and accessories. Work done in an expedited schedule over the school summer break. - - Agency/Owner: Miami Dade County Public Schools. Contract Amount: $Zb5;000 SEE ATTACHMENT FOR WORK DONE $Y ELECTRICAL SUBCONTRACTOR Sincerely, - " FXP CO Fran is .Perez, P.E. - Pre t : - - uiiavicvvo tc:uu rAd aua :fl13a/~ E A '1' t5 L l: _ _ - "- - ELECTFttCAI~ CONTRACTORS CUftP. IQ~UUU1/UVU1 13375 SW 128 St., Suite io2-A • Miami, FL 33184 • Phone: 305.971.3600 • Fax: 305.971.3575 • e-maiL• mateos@matelc.com July 30, 2008 FXP Coporation 2897 SW 69 Court Miami, Florida 33155 Attention: Francisco Perez Subject: Summary of Similar Projects Completed To Whom It May Concern: As per your request, I have attempted to summarize the diverse projects in which MATELC Corporation has partiapated and completed during the past years. The scope of the Projects performed range from new constniction tD improvements to existing installations. Overall, these projects encompass several governmental, institutional, and prorate projects. The following list describes some of the projects begin with the owner, general contractor, fills, and description: 1. MDCPS, F & L Construction, Emergency System {900 KW Standby Generator) and Service upgrade at MDCPS Maintenance Facility Miami, Florida. 2. MDCPS, V.R.V. Constructor, New Service t+or Media Center at Loran Park Elementary Miami, Florida. 3. MDCPS, F & L Constnxtion, JOC~ Contract Service and grounding system uograde at Miami Killiam Senior High. 4. MDCPS, F & L Construction, JOC Contract Service upgrade at Norfhiand Senior High. 5. MDCPS, Unitec Builders, JOC Contract, Service Upgrade at Oaic Grove Elementary Scholl, Mimi. Fbrida. I hope the roject summary provided above will satisfy all your questions with regards to MATELC's capacity bo perform, as well as, the experie to successfully complete any project. Should you have any questions or need further references, please contact my office. f ~4 - `~ P: ~ ,'~ ~ ' ~i Arnaldo ~ a s, VP www.matefc.com ~• 1701 MERIDIAN AVENUE BUILDING PARTIAL HVAC RENOVATION PROJECT QUOTATION NO: VA-QT21M-08 1.0 GENERAL CONDITIONS 11 SEALED QUOTATION: Original copy of Quotation Form as well as any other pertinent documents must be returned in order for a Quote to be considered for award. All Quotes are subject to all conditions specified in this Quotation document. The completed Quotation Form must be submitted in a sealed envelope clearly marked to the attention of: City of Miami Beach Public Works Assistant Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. Quotation Forms submitted by faz (305-673- 7650) wilt also be accepted. 1.2 EXECUTION OF QUOTE: Quote must contain a manual signature of an authorized representative in the space provided on the Quotation Form. Failure to properly sign the Quotation Form shall invalidate same and it shall NOT be considered. All Quotes must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the quote. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original Quote CANNOT be changed or altered in any way. Altered Quotes will not be considered. 1.3 NO QUOTE SUBMITTED: If not submitting a quote, respond by returning the enclosed Quotation Form questionnaire, and explain the reason. Repeated failure to not quote without sufficient justification maybe cause for removal of a Contractor's name from the City's vendor list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the Quotation specifications. In case of discrepancy in computing the amount of the Quote, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be quoted separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of Quote(s). QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 4 1.5 TAXES: The City of Miami Beach is exempt from all Federal excise and State taxes. State Sales Tax and Use Certificate Number is 85-80126216390-9. 1.6 MISTAKES: Contractors submitting quotes are expected, and solely responsible for examining the specifications, delivery schedules, quotation prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Contractor's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this Quote shall be the latest new and current model offered (most current production model at the time of this Quote). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Quotation documents, all manufactured items and fabricated assemblies shall be Underwriters Laboratories listed or re-examination listing where such has been established by Underwriters Laboratories for the item(s) offered and furnished. 1.9 WAIVER OR REJECTION OF QUOTATIONS: The City of Miami Beach, through its Assistant Public Works Director (who shall be the City's designee for purposes herein), reserves the right to waive irregularities or technicalities in Quotes, or to reject all Quotes or any part of a Quote as it deems necessary in the best interest of the City. 1.10 EQUIVALENTS: If Contractor offers makes of equipment or brands of supplies other than those specified in the Quotations documents, he must so indicate in its Quote. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Contractors shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Contractor shall indicate on the Quotation Form the manufacturer's name and number; if quoting other than the specified brands, and shall indicate ANY deviation from the Quotation specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE QUOTE. NO QUOTES WILL BE CONSIDERED WITHOUT THIS DATA. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 5 Lacking any written indication of intent to quote an alternate brand or model number, the Quote will be considered as having included and taken into account compliance with the specifications as listed in the Quotation documents. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Items delivered, not conforming to specifications may be rejected and returned at Contractor's expense. Those items not delivered as per delivery date in Quote maybe purchased on the open market. Any increase in cost may be charged against the Contractor. Any violation of these stipulations may also result in Contractor's name being removed from the City's vendor list. 1.12 SAMPLES: Samples of items, when required, must be furnished at Contractor's sole cost and expense. Contractors will be responsible for the removal of all samples furnished within thirty (30) days after Quote opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with Contractor's name. Failure of Contractor to either deliver required samples or to clearly identify samples may be reason for rejection of the Quote. Unless otherwise indicated, samples should be delivered to the attention of: City of Miami Beach Public Works Assistant Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City, Monday through Friday, excluding holidays. 1.14 AWARDS: When deemed to be in the best interest of the City of Miami Beach, the City, through its Assistant Public Works Director (who shall be the City's designee for purposes herein), the City reserves the right to reject all Quotes or any portion of any Quote as it deems necessary; to accept any item or group of items unless qualified by the Contractor; and/or to acquire additional quantities at prices quoted on the Quotation Form, unless additional quantities are not acceptable, in which case the Quotation Form must be noted "QUOTE IS FOR SPECIFIED QUANTITY ONLY". 1.15 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the Contractor until acceptance by the City unless loss or damage resulting from the sole negligence by the City. If the materials or services supplied to the City are found to be defective or not conform to Quotation specifications, the City reserves the right to cancel the order upon written notice to the QUOTE NO: VA-QTZIM-08 CITY OF MIAMI BEACH DATE: 08/12/08 6 Contractor and return product at Contractor's expense. 1.16 PAYMENT: Payment will be made by the City after the items have been received, inspected, and found to comply with the Quotation specifications, free of damage or defect and properly invoiced. 1.17 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on all parties. 1.18 LEGAL REQUIREMENTS: Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Contractor will in no way be a cause for relief from responsibility. 1.19 PATENTS & ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City of Miami Beach, Florida, its officers, employees, agent, and contractors, from liability of any nature or kind, including, without limitation, cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by the City of Miami Beach, Florida. If the Contractor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Quote price shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.20 OSHA: The Contractor warrants that the products supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Contractor. 1.21 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from the General Conditions of this Quotation shall take precedence. 1.22 ANTI-DISCRIMINATION: Contractor certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.23 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call the Public Works Department at (305)673-7080. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 ~ " 1.24 QUALITY: All materials used for the manufacture or construction of any supplies, materials or . equipment covered by this Quotation shall be new. The items quoted must be new, the latest model, of the best quality, and highest grade workmanship. 1.25 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where Contractor is required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of this Quotation, the Contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami- Dade County and City of Miami Beach Building Code requirements and the Florida Building Code, all as may be amended. The Contractor shall be liable for any and all damages or loss to the City occasioned by negligence of the Contractor, its subcontractors, or any other persons the Contractor has designated in the completion of the Contract as a result of its Quote. 1.26 PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Upon acceptance of Quote, the City will require the successful Contractor to submit a performance bond and certificates of insurance in the amount specified in the Special Conditions. 1.27 DEFAULT: Failure or refusal of a Contractor to execute a Contract upon awazd, or withdrawal of a Quote before such award is made, may result in forfeiture of that portion of any surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a Contract, as described above, may be grounds for removing the Contractor from the City's vendor list. 1.28 CANCELLATION: In the event any of the provisions of this Quote and/or the Contract are breached by the Contractor, the Public Works Assistant Director shall give written notice to the Contractor stating the deficiencies, and unless such deficiencies are corrected within ten (10) days, recommendation will be made for immediate cancellation. Additionally, the City reserves the right to terminate any Contract resulting from this Quotation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.29 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the attention of City of Miami Beach Property Management Division, 1245 Michigan Avenue, Miami Beach, Florida 33139. 1.30 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. QUOTE NO: VA-QT21M-08 CTTY OF MIAMI BEACH DATE: 08/12/08 8 1.31 SUBSTITUTIONS: The City WILL NOT accept substitute shipments of any kind. Contractors are expected to ' . furnish the brand quoted in their Quote. Any substitute shipments will be returned at the Contractor's expense. 1.32 FACILITIES: The City reserves the right to inspect the Contractor's facilities at any time with reasonable prior notice. 1.33 QUOTE TABULATIONS: Contractors desiring a copy of the Quote tabulation may request same by enclosing aself- addressed stamped envelope with the Quote. 1.34 CLARIFICATION AND ADDENDA TO QUOTE SPECIFICATIONS: Any Contractor contemplating submitting a Quote who is in doubt as to the true meaning of the specifications or other provisions in the Quotation documents, must submit to the attention of City of Miami Beach Public Works Assistant Director, 1245 Michigan Avenue, Miami Beach, Florida, 33139 (or faz (30573-7650), at least two (2) business days prior to scheduled Quote opening, any written request for clarification and/or interpretation. All such requests must be made in writing and the Contractor submitting the request will be responsible for its timely delivery and/or fax transmission. Any clarification and/or interpretation of the Quote, if made, will be made only by written Addendum duly issued by the City of Miami Beach Public Works Assistant Director. A copy of such Addendum shall be sent by mail or facsimile to each Contractor receiving the Quotation documents. In the event of conflict with the original Quotation documents, Addendum shall govern to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The Contractor shall be required to acknowledge receipt of Addendum by signing in the space provided on the Quotation Form. Failure to acknowledge Addendum may deem a Quote non-responsive; provided, however, that the City, through its Assistant Public Works Director (who shall be the City's designee for purposes herein), may waive this requirement when in its best interest. The City will not be responsible for any clarifications or interpretations made verbally. 1.35 DETERMINATION OF QUOTE AWARD: The City, through its Assistant Public Works Director (who shall be the City's designee for purposes herein), shall award the Quote to the lowest and best Contractor. In determining the lowest and best Contractor, in addition to price, there shall be considered the following: QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 9 ' a. The ability, capacity and skill of the Contractor to perform the contract. b. Whether the Contractor can perform the work within the time specified, without delay. c. The character, integrity, reputation,. judgment, experience and efficiency of the Contractor. d. The quality of performance of previous contracts. e. The previous and existing compliance by the Contractor with laws and ordinances relating to the work. 1.36 ADDITIONAL CONSIDERATIONS FOR DETERMINATION OF QUOTE AWARD: 1) Pre-awazd inspection of the Contractor's facilities may be made prior to the execution of a Contract. Quotes will only be considered from firms which are regulazly engaged in the business of providing the goods and/or services as described in the Quotation documents. Contractors must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the work if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City. 2) The City may consider any evidence available regazding the financial, technical and other qualifications and abilities of a Contractor, including past performance (experience) with the City in making the Quote awazd in the best interest of the City. 3) The City may require Contractors to show proof that they have been designated as authorized representatives of amanufacturer orsupplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regazding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Contractor's Quote may render the Quote non-responsive. 4) The City may review the Contractor's record of performance to ensure that the Contractor is providing sufficient financial support, equipment and organization as prescribed in this Quotation documents. 1.37 ASSIGNMENT: The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without the prior written consent of the City. 1.38 LAWS, PERMITS AND REGULATIONS: The Contractor shall obtain and pay for all licenses, permits and inspection fees required for QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 10 this Project; and shall comply with all laws, ordinances, regulations and building code ' requirements applicable to the work contemplated herein. 1.39 SPOT MARKET PURCHASES: y • It is the intent of the City to purchase the items specifically listed in the Quotation documents from the Contractor. However, items that are to be Spot Mazket Purchased may be purchased by other methods, (i.e. Federal, State or local contracts). 1.40 ELIIVIINATION FROM CONSIDERATION: This Quote shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which aze defaulted as surety or otherwise upon any obligation to the City. 1.41 ESTIMATED QUANTITIES: Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Quote. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City, for purposes of determining the successful Contractor meeting specifications, may use said estimates in reaching a decision. 1.42 COLLUSION: Quotes from related parties: Where two (2) or more related parties each submit a Quote, such Quotes shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such Quotes. Related parties shall mean, in this case, respondents to this Quotation, or the principals thereof which have a direct or indirect ownership interest in another respondent for the same Quotation, or in which a parent company or the principals thereof have a direct or indirect ownership interest in another respondent for the same Quote. Quotes found to be collusive shall be rejected. Respondents who have been found to have engaged in collusion shall be considered non- responsive, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.43 DISPUTES: In the event of a conflict between the documents, the order of priority of the documents shall be as follows: • The Contract resulting from the awazd of this Quotation (if applicable); then • Addenda released for this Quotation, with the latest Addendum taking precedence; then • The Quotation; then • Contractor's Quote in response thereto. 1.44 REASONABLE ACCOMMODATION: In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Quotation opening because of a disability must contact the Public Works Department at (305) 6'73-7080. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 11 1.45 GRATUITIES: Contractors shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Quotation. 1.46 SIGNED QUOTE CONSIDERED AN OFFER: The signed Quote shall be considered an offer on the part of the Contractor, which offer shall be deemed accepted upon approval by the City, In case of default on the part of the successful Contractor, after such acceptance, the City may procure the items or services from other sources and hold the Contractor responsible for any excess cost occasioned or incurred thereby. 1.47 TIE QUOTES: In accordance with Section 287.087, Florida Statutes, regarding identical tie quotes, preference will be given to Contractors certifying that they have implemented a Drug Free Workplace Program. A certification form will be required at that time. 1.48 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 12 1701 MERIDIAN AVENUE BUILDING PARTIAL HVAC RENOVATION PROJECT QUOTATION NO: VA-QT21M-08 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this Quotation is to award a contract, by means of sealed quotes, to a qualified Contractor, for the 1701 MERIDIAN AVENUE BUILDING PARTIAL IiVAC RENOVATION PROJECT, as fiuther specified in the Quotation documents. 2.2 METIiOD OF AWARD: Award of this Contract will be made to the lowest responsive, responsible and best Contractor whose Quote will be in the best interest of the City of Miami Beach. 2.3 PAYMENT: Payment will be made upon final completion of this Project. The City will pay the Contract price, minus any liquidated damages andlor other damages, upon final completion and acceptance. 2.4 [Intentionally Omitted] 2.5 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this Contract) The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this Project. It shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Contractor is acting as an independent contractor. The Contractor, at all times during the full duration of work under this Contract, including extra work in connection with this Project, shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see check list for specific insurance limits) to protect the Contractor and the interests of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 13 property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverage required by the City's Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach, Florida, as an additional insured on all liability policies required by this Contract. When naming the City of Miami Beach as an additional insured , the Contractor's insurance companies must agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach, Florida, as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City's Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed certificates of insurance, evidencing such coverages and endorsements, as required herein, shall be filed with and approved by the City's Risk Manager before work is started. The certificate must state Quote Number and Title. Upon expiration of the required insurance, the Contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the Contractor aze primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this Contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollaz of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement. The proceeding indemnity and hold harmless agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction: "The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 14 occurrence and for all damages to the property of others in and up to the amount of - $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising ont of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the Project under contract". The Contractor will notify its insurance carrier without delay of the existence of the indemnity and hold harmless agreement contained within this Contract, and furnish a copy of the said agreement to its insurance agent and carrier. The Contractor will obtain and maintain contractual liability insurance inadequate limits for the sole purpose of protecting the City of Miami Beach under the preceding indemnity and hold harmless agreement from any and all claims arising out of the contract. The Contractor will also be responsible for securing and maintaining policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the Contractor and its subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Contractor and its subcontractors of their liabilities and obligations under any section or provisions of the Contract. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractor, and of persons employed by them, as it is for acts and omissions of persons directly employed by it. Insurance coverage required in the Quotation document and Insurance checklist shall be in force throughout the Contract term. Should any Contractor fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the Contract term, the City shall have the right to consider the Contract breached, thus justifying the termination thereof. If Contractor cannot meet the insurance requirements, alternate insurance coverage, at the sole discretion of the City and satisfactory to the City's Risk Manager, may be considered. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 15 INSURANCE CHECK LIST XX~~ 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. X~~ 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Indemnity and hold harmless endorsement exactly as written in "insurance requirements" of specifications). XX~~ 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XX~~ 5. The City must be named as and additional insured on the li ability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 _ Liquor Liability $ .00 _ Fire Legal Liability $ .00 _ Protection and Indemnity $ .00 _ Employee Dishonesty Bond $ .00 Other $ .00 ~~ 7. Thirty (30) days written cancellation notice required. X~~ 8. Best's guide rating B+:VI or better, latest edition. ~~ 9. The certificate must state the quote number and title CONTRACTOR INSURANCE STATEMENT: I hereby acknowl a and agree to insurance requirements contained in the Quotation documents, and hereby e t provide the City with evidence of all required insurance coverage, to be included in the Quot . ~ .~ ~~' Q U U -~-~ ~ A Z.. ~'ft;3~c~~ Si~nat e f C tractor Print Name/ Title QUOTE~{~!~JA-QT21M-08 CITY OF MIAMI BEACH DATE: 2/08 16 2.6 CONTACT PERSON: For any additional information regazding the specifications and requirements of this Project, inquires should be made in writing to the attention of: City of Miami Beach Public Works Assistant Director,1701 Convention Center Drive, Miami Beach, Florida, 33139, or by fa% at (305) 673-7650. 2.7 SAMPLES: The Contractor shall provide upon request, a complete and accurate sample of the product(s) which it proposes to furnish. 2.8 BID, PERFORMANCE AND PAYMENT BOND: Not required on this Project. 2.9 LIQUIDATED DAMAGES: The Contractor agrees to pay the City liquidated damages in the amount of $200 per calendaz day beyond the ninety (90) day substantial completion date specified in the Contract. 2.10 WARRANTY: The Contractor will be required to warranty all work performed. The work performed by partially renovating the HVAC system at the 1701 Meridian Avenue building will require a minimum warranty one (1) yeaz on workmanship and equipments, to include the Air handler and the Chiller plant. 2.11 REFERENCES (PROVIDE 4 REFERENCES; PLEASE SEE PAGE 25) 2.12 COMPLETE PROJECT REQUIRED: The Quotation documents, and the specifications described herein, outline the various items or classes of work required, enumerating or defining the extent of same necessazy, but the City's failure to list any items or classes under scope of the several sections shall not relieve the Contractor from fiunishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the Project. 2.13 FACILITY LOCATION: The building is located at 1701 Meridian Avenue, Miami Beach F133139. 2.14 CONTRACTOR QUALIFICATIONS: In order for Quotes to be considered, Contractors must submit with their Quote evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the Contractor: maintains a permanent place of business and office in the South Florida area; has technical knowledge and practical experience in the type of equipment required for work on the Project; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has provided scope of work to similaz size projects as the Project outlined herein. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 1 ~ The evidence will consist of listing of work that has been provided to public and private sector clients, (ie. nature of work and number of similar projects completed within the last three (3) years). 2.15 COMPLETE INFORMATION REQUIRED ON QUOTATION FORM: All Quotes must be submitted on the form(s) attached in the Quotation documents and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Quotation Form and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the Section 1.1 of General Conditions. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 18 Section 3 MEASUREMENT AND PAYMENT 3.1 Measurement of Quantities -All work completed under this Contract shall be measured by the Public Works Assistant Director, according to United States Standazd Measures. All measurements shall be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement. No allowance shall be made for surfaces laid over a greater azea than authorized or for material moved from outside ofslope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Public Works Assistant Director. 3.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the work contemplated and embraced in the Quotation documents and the specifications herein, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the work as herein provided for, or for any infringement of patent, trademazk, or copyright, and for the completion of the work in accordance with the Quotation documents, the specifications, and Contract. 3.3 Payment and Compensation for Altered Quantities -When alterations in plans or quantities of work not requiring supplemental agreements as herein before provided for are ordered and performed, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving supplemental agreements shall be paid for as stipulated in such agreement. 3.4 Force Account Work -All extra work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Property Management Director, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to fifteen (15) percent of the sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security taxes, unemployment insurance, and Workmen's Compensation insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 19 the cost of such materials. . " (c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., ` ~ required for the economical performance of the work, the Public Works Assistant Director shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment in full for extra work done on a force account basis. The Contractor's representative and the City's designated Project Manager shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Project Manager and signed by both the Project Manager and the Contractor's representative, one copy being forwarded, respectively, to the Public Works Assistant Director or City's designated representative, and to the Contractor. Ali claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Public Works Assistant Director on the current estimate of the month in which work was actually done. 3.5 Omitted Items -The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Public Works Assistant Director. 3.6 Partial Payments - If the work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Public Works Assistant Director, provided the materials, in the judgment of the Public Works Assistant Director, are such as will probably be incorporated in the work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the work. Contractor shall provide PARTIAL RELEASE OF LIENS with each application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed work, the estimate and payment for such defective or questioned work shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 20 fmal estimate and payment. If the total amount of the retained percentage of the contract is greatly in excess of the uncompleted portion of the Contract the City, may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the contract and liquidate unsatisfied claims. .a 3.7 Acceptance and Final Payment - Whenever the work provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the work have been approved by the Public Works Assistant Director, according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, after final inspection as provided herein, Contractor shall certify such fact to the Public Works Assistant Director in writing, recommending the acceptance of the work. The amount of the final payment, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the final payment has been approved by the Public Works Assistant Director, provided that the Contractor has furnished to the City a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the work done under this Contract. Upon this fmal payment the City shall be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, LETTER OF FINAL COMPLETION (or LETTER OF FINAL ACCEPTANCE) from the Contractor. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 21 1701 MERIDIAN AVENUE BUII.DING PARTIAL HVAC RENOVATION PROJECT QUOTATION NO: VA-QT21M-08 Quotation Form (Page 1 of 2) This project consists of the partial renovation of the mechanical system existing in this building, which is beyond its useful life. Because the building is occupied the project is going to be divided in phases. The first phase consists of the removal of the existing chiller located on the roof of this building, the installation of a new cooling tower in the same location. This project also includes electrical upgrades to the switch gear and structural work shown on the plans. The project address is 1701 Meridian Avenue, Miami Beach FL. Scope of work: The project consists of the removal of the existing chiller that is beyond the useful life, located on the roof of this building and the installation of a new cooling tower in the same location, this work includes the roof work associate with the installation of new structural stands, mechanical connections to the rest of the installation in the building and the electrical connections. This project includes the complete upgrade of the main switch gear of the building and two others main panels associated with the chiller and the av handler unit to be replaced; the existing switch gear is inadequate to support the electrical loads of the new installation and equipments. On this first phase of the project we are also replacing the air handler unit located at the fifth floor and all masonry work associate with it. Is also included in this renovation the controls for the new AHiJ. The chiller coil will be coated with a special treatment to avoid prompt corrosion due to the aggressive atmosphere existing close to the beach. This project will have to be schedule so to minimize the impact on the tenants while the system is down and will be accomplish using two long week ends. Project schedule to be provided by Mechanical Contractor after the submittals are approved by the Engineer of record. OUOTE Partial HVAC renovation LUMP SUM $ 555,000.00 QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 22 1701 MERIDIAN AVENUE BUILDING PARTIAL HVAC RENOVATION PROJECT QUOTATION NO: VA-QT2IM-OS Quotation Form (Page 2 of 2) PROMPT PAYMENT DISCOUNT: (i.e., 2%/10;1 %/20) ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF~THE QUOTE MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: ' ' Q N U S t~ ~.~' ~ -~' COMPANY NAME: ~~ ~ ~ SIGNED: (I certify that I am author- bind the quoting firm) QUOTE and Contractors must acknowledge receipt of Amendment No. 1: Insert Date (if applicable). Amendment No. 2: Insert Date NAME/TITLE (Print): ADDRESS: CTTYlSTATE: TELEPHONE NO: FACSIMILE NO: ZIP: QUOTE NO: VA-QT21M-08 CTTY OF MIAMI BEACH DATE: 08/12/08 23 1701 MERIDIAN AVENUE BUILDING PARTIAL HVAC RENOVATION PROJECT QUOTATION NO: VA-QT21M-08 CHECK LIST To ensure that your Quote is submitted in conformance with the Quotation documents, please verify that the followint~ items have been completed and submitted as required. X Original and one copy of Quotation documents (including Quotation Form and all submittal information) General Conditions Section 1.1 Special Conditions Section 2.15 X Execution of Quote General Conditions Section 1.2 Equivalents/Equal Product General Condition Section 1.10 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.27 Special Conditions Section 2.5 Bid/Performance Bond (if applicable) General Condition Section 1.27 Special Conditions Section 2.11 X Warranty Special Conditions Section 2.13 ProductlCatalog Information X References Special Conditions (Page 25) X Bidder Qualifications Special Conditions Section 2.17 Contractor's Questionnaire X (Page 26) QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 24 1701 MERIDIAN AVENUE BUILDING PARTIAL HVAC RENOVATION PROJECT 6 r QUOTATION NO: VA-QT21M-08 CUSTOMER REFERENCE LISTING Contractor shall furnish the names, addresses, and telephone numbers of a minimum of four (4) fines or government organizations for which the Contractor is currently performing or has performed similar work. ~~ ~~~ H 1) Company Name Address Contact Person/Contract Amount Telephone Number 2) Company Name Address Contact Person/Contract Amount Telephone Number 3) Company Name Address Contact Person/Contract Amount Telephone Number 4) Company Name Address Contact Person/Contract Amount Telephone Number QUOTE NO: VA-QT21M-08 CITY OF MIANII BEACH DATE: 08/12/08 25 CONTRACTOR'S QUESTIONNAIRE / p~. ~~le • , NOTE: Information supplied in response to this questionnaire is subject to verification by the City. Inaccurate or incomplete answers may be grounds for disqualification from consideration for award of this Quotation. Submitted to City of Miami Beach, Florida• By ~kQ ~~.~ Principal0ffice ~~~-~1') ~c f ~ C-Ci i~` ~ '~~~M~ ~~1~• ~3~~~.~~ How many years has your organization been in business as a General Contractor under your present business name? Does your organization have current occupational licenses entitling it to do the work contemplated in this contract? _~,~~ C~-*C~ ~~~ C~ (~~ State of Florida occupational license - state type and number:~~ CO~.f`~1 O`-Z$~ Dade County certificate of competency -state type and number: 1U I ~ City of Miami Beach occupational license -state type and number: Al ~,~ Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor ~ a (B) As aSub-Contractor (C) What contracts has your organization completed? (use separate sheets if necessary) NameJAddress of Owner Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? J~1 ~ If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? ~~ QUOTE NO: VA-QT21M-08 DATE: 08/12/08 CITY OF MIAMI BEACH 26 If so, state name of individual, name of owner, and reason thereo • , In what other lines of business are you financially interested or engaged? 1 Give references as to experience, ability, and financial standing _ - ~ ~~lP, What equipment do you own that is available for the proposed work and where located? What bank or banks have you ged to do.bu\~s_s~~}ess with during the course of the contract should it be awarded to you? ~~~'n'~ lJ~-~- Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. I HEREBY CERTIFY that the above answers ~~ ~Of ~~a yr cc s--~ ~-~-r~ L ~ ~~ Name/Title ~.I A QUOTE NO: VA-QT21M-08 CITY OF NIIAMI BEACH DATE: 08/12/08 27 CONTRACT FOR QUOTATION NO. VA-QT21M-08 • THIS CONTRACT made this day of , A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, and FXP Corp. hereinafter called the Contractor, which term shall include its heirs, successors and assigns. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the Project to be done by said Contractor pursuant to City QUOTATION NO. VA-QT21M-08 and entitled "1701 MERIDIAN AVENUE BUILDING PARTIAL HVAC RENOVATION PROJECT" (also referred to as "the work" or "the Project"), do hereby mutually agree as follows: This Contract shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its, successors and assigns. Neither this Contract nor any part thereof nor any part of the work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor without the prior written consent of the City. 2. City of Miami Beach Quotation NO. VA-QT21 M-08 and Contractor's Quote in response thereto, are hereby referred to and made a part of this Contract and the terms and conditions set forth therein and, except when in direct conflict with this written Contract, are made a part hereof as if copied herein. If a conflicts exist between the Quotation and Contractor's response thereto, and this Contract, the priority of documents shall be as set forth in Section 1.43 of the Quotation documents. 3. The Contractor shall commence work within seven (7) days of the issuance of a Notice to Proceed from the City, and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 Unless there is a change in the scheduling of the Project which is approved by the Public Works Assistant Director, the Contractor shall be substantially completed with the work within HUNDRED AND FIFTY (1S0) calendar days from the issuance of the Notice to Proceed, and completed and ready for final payment within HUNDRED AND EIGHTY (180) calendar days after the issuance of said Notice. QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 28 3.2 Damages -City and Contractor recognize that the City will suffer direct financial loss if work is not completed within the Contract times specified in Paragraph 3.1. The parties also recognize the delays, expense and difficulties involved in proving in a legal or azbitration preceding the actual loss suffered by City if the work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay City as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars ($200.00) for each calendar day that expires after the Contract Time specified in Paragraph 3.1 for Substantial Completion until the work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of City's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. Contractor shall fiunish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the work, nothing being required of the City except that it may, at its expense, supervise such work and enter upon and inspect the same at all reasonable times. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City, through its Public Works Assistant Director. 6. If the Contractor shall complete the work herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the Contract sum in accordance with the conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not be deprived of the right to exercise any option in this Contract nor shall it operate to alter any other term of this Contract. 7. Prior to commencing any work on the Project, the Contractor shall file Insurance Certificates, as required in the Quotation documents, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City's Risk Manager. 8. All documents shall be executed satisfactorily to the City and until required bonds (if applicable) and Insurance Certificates have been filed and approved, this Contract shall not be deemed effective. 9. City shall pay Contractor for performance of the work in accordance with the Quotation documents in current funds at the lump sum or unit prices presented in the Quotation documents and Contractor's response there to, as attached to this Contract. The parties expressly agree that the Contract price is a stipulated sum except with regard to the items in QUOTE NO: VA-QT21M-08 CITY OF MIAMI BEACH DATE: 08/12/08 29 the Quote which are subject to unit prices. 10. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall beMiami-Dade County, Florida, if in state court, and the U. S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THI5 AGREEMENT, the Ci AND Contractor EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY Ji1RY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 11. This Contract, and all attachments hereto, comprises the entire agreement between City and Contractor. 12. The Contract may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the City has caused this contract to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach, and the said Contractor has caused this Agreement to be signed it its name. CITY OF MIAMI BEACH By Mayor ATTEST: City Clerk ATTEST: Signature B3'. Print Name/Title QUOTE NO: VA-QT21M-08 DATE: 08/12/08 ~ rresiaent or Representative ~~ Print Name/Title CITY OF MIAMI BEACH 30 the Quote which are subject to unit prices. 10. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, the City AND Contractor EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 11. This Contract, and all attachments hereto, comprises the entire agreement between City and Contractor. 12. The Contract may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the City has caused this contract to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach, and the said Contractor has caused this Agreement to be signed it its name. CITY OF MIAMI BEACH By ayor ATT ST: ~'~. ~.~~ City Clerk ATTEST: ;~ (~-~ Signature Print Name/Title QUOTE NO: VA-QT21M-08 DATE: 08/12/08 BY. of President or 3 Representative Print NP-~PD ls(3 TO FORM 8~ LANGUAGE CITY OF MIAMI BEA ~ FOR EXECUTION 30 G? 2 ~~