HomeMy WebLinkAboutBID HVAC Government Center
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 1
Invitation to Bid
Construction
New HVAC Chiller Systems
for
Government Center
Invitation to Bid No. 16-09-02
Publish Date:
09/15/2016
Bid Due and Bid Opening Date:
10/31/2016 at 2:30 PM
Mandatory Pre-Bid Conference:
09/29/2016 at 2:30 PM
Where to Deliver Proposal
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
All Questions Due:
10/07/2016 by 5:00 PM
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 2
TABLE OF CONTENTS
Table of Contents ...................................................................................................................... Page 2
Legal Advertisement/Notice to Bidder .......................................................................................... Page 3
Instructions to Bidder/General Terms and Conditions .................................................... Section 1, Page 4
Special Terms and Conditions ...................................................................................... Section 2, Page 9
Scope of Work / Technical Specifications .................................................................... Section 3, Page 15
Bid Submittal Instructions & Forms ............................................................................ Section 4, Page 16
Bid Form 1 – Bid Cover........................................................................................................Page 17
Bid Form 2 – Addenda Acknowledgement .............................................................................Page 19
Bid Form 3 – Bid Pricing ......................................................................................................Page 20
Affidavits & Bond Forms ............................................................................................................ Page 22
Non-Collusion Affidavit
Public Entity Crimes
Equal Opportunity / Affirmative Action Statement
Conflict of Interest Statement
Dispute Disclosure Form
Anti-Kickback Affidavit
Bid Bond
Performance Bond
Plans and Reports ................................................................................... Attachment (electronic format)
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 3
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work
as specified
New HVAC Chiller Systems for Government Center
Invitation to Bid No. 16-09-02
The Bid Specifications for this ITB are available from DemandStar by calling (800) 711-1712 or by accessing
their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny
Isles Beach – Office of the City Clerk. Bidders who obtain the Bid Specifications from sources other than
DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be
incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal
date to all Bidders who are listed on the official list. The City may not accept incomplete Bids.
Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by the
City Clerk no later than 2:30 PM, on Thursday, 10/31/2016 at the Sunny Isles Beach Government Center
located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids received after this time
will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened
publicly and read aloud at this time. The envelope containing the sealed Bid must be clearly marked:
Bid No. 16-09-02
New HVAC Chiller Systems for Government Center
OPENING DATE AND TIME: Thursday, 10/31/2016 at 2:30 PM
The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and
informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the
City in conformity with the criteria set forth in Section 62 -8 of the Code of Ordinances of the City of Sunny
Isles Beach.
A Mandatory Pre-Bid Conference for all potential Proposers is set for 2:30PM on Thursday, September 29,
2016 in the Commission Chambers at the City of Sunny Isles Beach Government Center located at 18070
Collins Avenue, Sunny Isles Beach, Florida 33160
All questions regarding Invitation to Bid No. 16-09-02 shall be directed in writing to Jane A. Hines, MMC,
City Clerk, NO LATER THAN 10/07/2016 by 5:00 PM. Questions may be submitted via email to:
JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City Clerk, City
of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. All Questions will be answered in
the form of Addendum that will be released a few days after the question due date listed above.
Jane Hines, MMC, City Clerk
City of Sunny Isles Beach
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 4
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE,
SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS
OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE
PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER
REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning the Bid Specifications or any required need
for clarification must be made to Jane A. Hines, MMC, City Clerk via
email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via
regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles
Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such
requests for clarification/explanation or questions must be made in
writing to Jane A. Hines, MMC, City Clerk, at least five (5) business
days prior to the date of the Bid opening. Interpretations or
clarifications considered necessary by the City will be issued by
addenda and posted/disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan
holders’ list as having received the Bid documents. Only questions
answered by written addenda shall be binding. Oral interpretations
or clarifications shall be without legal effect. No plea of ignorance
or delay or required need of additional information shall exempt a
Bidders from submitting their Bid on the required date and time as
publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to Proposers, the City of Sunny Isles Beach has
made available via internet lists of all plan holders for each Request
for Proposal, Request for Proposal, and request for qualifications.
The information is available on-line at www.demandstar.com or by
calling the Office of the City Clerk at (305) 792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are released,
the City will post and disseminate the addenda through DemandStar.
For those projects with separate plans, blue prints, or other materials
that cannot be accessed through the internet, the Office of the City
Clerk will make good faith effort to ensure that all registered Bidders
(those who have been registered as receiving a Bid package) receive
the documents. It is the responsibility of the Proposer prior to the
submission of any Bid to check the above website or contact the
Office of the City Clerk at (305) 792-1703 to verify any addenda
issued. The receipt of all addenda must be acknowledged on the Bid
Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/RFP/RFQ opening because of a disability should
call the Office of the City Clerk at (305) 792-1703 at lease five (5)
days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you
are hearing or speech impaired, please contact the Office of the City
Clerk by calling the City of Sunny Isles Beach using the Florida Relay
Service which can be reached at 1(800) 955-8771 (TDD).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes -"a person or affiliate who has been placed on the
convicted Proposer list following a conviction for a public entity crime
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 a public
entity, may not be awarded to perform work as a Bidder, supplier,
sub-Contractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the
threshold amount provided in section 287.107, for category two for
a period of 36 months from the date of being placed on the convicted
Proposer list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown within
this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all other
items required within this Request for Proposal must be executed)
and submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the Bidders
prior to the opening must be initialed and dated by the Bidders. No
changes or corrections will be allowed after Bids are opened. Bids
must contain an original, manual signature of an authorized
representative of the company.
1.9 WITHDRAWAL OF BIDS:
Bidders may withdraw Bids only by written request and shall forward
the withdrawal request via “Certified U.S. Mail – Return Receipt
Requested” prior to the Bid opening time. Negligence on the part of
the Bidders in preparing the Bid confers no right for the withdrawal
of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the Notice
to Bidder. It is the responsibility of the Bidders to insure that the Bid
reaches the Office of the City Clerk on or before the closing hour and
date stated on the Request for Proposal. After the Bid opening, the
contents of the Bid Form will be made public for the information of
Proposers and other interested parties who may be present either in
person or by representative. Bids that are received after the Bid
opening time will not be considered and will not be returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any/all
Bidders facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Bidders, the financial position, experience,
staffing, equipment, materials, references, and past history of
service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken
into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Bidder’s shall hold the City, it's
officials and employees harmless and covenant not to
sue the City, it's officials and employees in reference to
their decisions to reject, award, or not award a Bid, as
applicable.
1.11.2 Cancellation: Failure on the part of the Bidders to
comply with the conditions, specifications,
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 5
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall resolve the dispute and send a
written copy of its decision to the Bidder, which shall
be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
Bid. The Proposer will have ten (10) calendar days after notification
of the award by the City to execute the Agreement and provide the
required Performance Bond.
The Bidder who has the Contract awarded to them and who fails to
execute the Agreement and furnish the Performance Bond and
Insurance Certificates within the specified time shall forfeit the Bid
Security that accompanied their Bid, and the Bid Security shall be
retained as liquidated damages by the City, and it is agreed that this
sum is a fair estimate of the amount of damages the City will sustain
in case the Bidder fails to enter into the Contract and furnish the
Bonds as herein before provided. Bid Security deposited in the form
of a cashier’s check drawn on a local bank in good standing shall be
subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and contingent
upon the availability of funds lawfully expendable for the purposes
of the agreement for the current and any future periods provided for
within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the contract
and/or purchase order. Invoices must bear the purchase order
number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade name,
or Proposer catalog is mentioned whether or not followed by the
words "approved equal" it is for the purpose of establishing a grade
or quality of material only. Proposer may offer equals with
appropriate identification, samples, and/or specifications on such
item(s). The City shall be the sole judge concerning the merits of
items Bid as equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to return
the product(s) to the seller at the seller’s expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the Bidders
free of charge to the City. Each individual sample must be labeled
with the Bidder’s name and manufacturer's brand name and
delivered by them within ten (10) calendar days of Bidders receipt of
the “Notice to Proceed”, unless schedule indicates a different time.
If samples are requested subsequent to the Bid opening, they should
be delivered within ten (10) calendar days of the request. The City
will not be responsible for returning samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the total
amount that may or may not be purchased from any resulting
Contract or Award. These quantities are for Bid purposes only and
will be used for tabulation and presentation of the Bid. The City
reserves the right to increase or decrease quantities as required,
even significantly. The prices offered herein and the percentage rate
of discount applies to other representative items not listed in this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Bid prior to their delivery,
it shall be the responsibility of the successful Bidders to notify the
City at once, indicating in their letter the specific regulation which
required an alteration. The City of Sunny Isles Beach reserves the
right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel at no further expense to the City.
1.19 SAFETY STANDARDS:
The Bidders warrant that the product(s) supplied to the City
conforms in all respects to the standards set forth in the occupational
safety and health act (OSHA) and its amendments. Bids must be
accompanied by a materials data safety sheet (MSDS) when
applicable.
1.20 WARRANTIES:
Successful Bidders shall act as agent for the City in the follow-up and
compliance of all items under Warranty/Guaranty and complete all
forms for Warranty/Guarantee coverage under this Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Bidders warrant that there has been no violation of copyrights or
patent rights in manufacturing, producing or selling of goods shipped
or ordered, as a result of this Bid. The seller agrees to indemnify
City from any and all liability, loss, or expense occasioned by any
such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The Bidder shall be responsible for obtaining and maintaining
throughout the contract period his or her city and City local business
tax receipts. Each Proposer submitting a Bid on this Request for
Proposal shall include a copy of the company’s local business
tax/occupational license(s) with the Bid response. For information
specific to City of Sunny Isles Beach local business tax/occupational
licenses, please call Code Enforcement & Licensing at (305) 792-
1705. If the Bidder is operating under a fictitious name as defined
in Section 865.059, Florida Statutes, proof of current registration
with the Florida Secretary of State shall be submitted with the Bid.
A business formed by an attorney actively licensed to practice law in
this state, by a person actively licensed by the Department of
Business and Professional Regulations or the Department of Health
for the purpose of practicing his or her licensed profession, or by any
corporation, partnership, or other commercial entity that is actively
organized or registered with the Department of State shall submit a
copy of the current licensing from the appropriate agency and/or
proof of current active status with the Division of Corporations of the
State of Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Bidders shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Bidders shall be liable for any damages or loss to the
City occasioned by negligence of the Bidders (or their agent) or any
person the Bidders has designated in the completion of their contract
as a result of the Bid. Bidder shall be required to furnish a copy of
all licenses, certificates of competency or other licensor requirements
necessary to practice their profession as required by Florida State
Statute, Miami-Dade City, and City of Sunny Isles Beach Code.
Bidders shall include current Miami-Dade City Certificates of
Competency. These documents shall be furnished to the City along
with the Bid response. Failure to furnish these documents or to have
required licensure will be grounds for rejecting the Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Bidders shall furnish to the Office of the City Clerk, City of Sunny
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 6
certificate(s) of insurance which indicate that insurance coverage has
been obtained from an insurance company authorized to do business
in the State of Florida or otherwise secured in a manner satisfactory
to the City, for those coverage types and amounts listed in this
document, in an amount equal to 100% of the requirements and
shall be presented to the City prior to issuance of any Contract(s) or
Award(s) Document(s). The City of Sunny Isles Beach shall be
named as "additional insured" with respect to this coverage. The
required certificates of insurance shall not only name the types of
policies provided, but shall also refer specifically to this Bid and
section. At the time of Bid submission the Bidders must submit
certificates of insurance as outlined in the General Conditions
section. All required insurances shall name the City of Sunny Isles
Beach as additional insured and such insurance shall be issued by
companies authorized to issue insurance in the State of Florida. It
shall be the responsibility of the Bidders and insurer to notify the City
Manager of the City of Sunny Isles Beach of cancellation, lapse, or
material modification of any insurance policies insuring the Bidders,
which relate to the activities of such Proposer and the City of Sunny
Isles Beach. Such notification shall be in writing, and shall be
submitted to the City finance support service director thirty (30) days
prior to cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager to
implement a rescission of the Bid award without further City
Commission action. The Bidders hereby holds the City harmless and
agrees to indemnify City and covenants not to sue the City by virtue
of such rescission.
1.25 ASSIGNMENT:
The Bidder shall not transfer or assign the performance required by
this Bid without prior written consent of the City Manager. Any
award issued pursuant to the Request for Proposal and monies which
may be due hereunder are not assignable except with prior written
approval of the City Manager. Further, in the event that the majority
ownership or control of the Bidder changes hands subsequent to the
award of this contract, Bidder shall promptly notify City in writing
(via United States Postal Service – Certified Mail, Return Receipt
Requested) of such change in ownership or control at least thirty
(30) days prior to such change and City shall have the right to
terminate the contract upon sixty (60) days written notice, at City’s
sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Bidder shall indemnify, hold harmless, and defend the City of
Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever kind
or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Bidder, their agents, servants or employees in the
provision of goods or the performance of services pursuant to this
Bid and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Bidder.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or reject
items which are found upon examination, not to meet the
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the Proposer at
their own expense and redelivered at their expense. Rejected goods
left longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them as
its own property. Rejection for non-conformance or failure to meet
delivery schedules may result in the Bidder being found in default.
1.28 DEFAULT PROVISION:
In case of default by the Bidders, the City of Sunny Isles Beach may
procure the articles or services from other sources and hold the
Bidders responsible for any excess costs occasioned or incurred
thereby.
1.29 SECONDARY/OTHER PROPOSERS:
The City reserves the right in the event the primary Proposer cannot
provide an item(s) or service(s) in a timely manner as requested, to
seek other sources without violating the intent of the Contract.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated
which shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the City
and the Bidder covering the Work to be
performed, which includes the Contract
Documents.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify or
interpret the Contract Documents,
Drawings and Specifications, by addition,
deletions, clarifications or corrections.
Approved: Means approved by the City.
Bid: The offer of the Bidders submitted on the
prescribed form setting forth the prices
for the Work to be performed.
Bidders: Any person, firm or corporation
submitting a Bid for Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the
Bidder and their surety in accordance
with the Contract Documents and in
accordance with the law of the State of
Florida.
Change Order: A written order to the Bidder signed by
the City authorizing an addition, deletion
or revision in the Work, or an adjustment
in the Contract Price or the Contract Time
issued after execution of the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents: Contract Documents shall include,
Instructions to Bidders, Bidder's Bid, the
Bonds, the Notice of Award, the
Agreement between the City and Bidder
as well as any addenda thereto, these
General Conditions, Special Conditions,
the Technical Specifications, Drawings
and Modifications, Notice to Proceed,
Request for Proposal, Insurance
Certificates, Change Orders and
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
Contract Price: The total monies payable to the Bidder
under the Contract Documents.
Contract Time: The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign
the contract documents on behalf of the
City’s governing body.
Bidder: The person, firm or corporation with
whom the City has executed this
Agreement.
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 7
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a written
clarification or interpretation if issued by
the City, or (d) a written order for minor
change or alteration in the Work issued
by the City. A modification may only be
issued after execution of the Agreement.
Notice of Award: The written notice by City to the apparent
successful Bidders stating that upon
compliance with the conditions precedent
to be fulfilled by him within the time
specified, City will execute and deliver
the Agreement to him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied to
the Work.
Statement of Services: The form furnished by the City which is
to be used by the Bidder in requesting
progress payments.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Bidder
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval’s required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person to
the individual or to a member of the firm
or to an officer of the corporation for
whom it is intended, or to an authorized
representative or such individual, firm, or
corporation, or if delivered at or sent by
registered mail to the last business
address known to them who gives the
notice. Unless otherwise stated in
writing, any notice to or demand upon
the City under this Contract shall be
delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City performs
all necessary searches, inquiries, exploration, and analysis of the
Bids. The Bid shall be awarded to the lowest responsible and
responsive Bidder whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62-8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Bidder’s capability to perform the
Services as described in this RFP, ITB, RFQ or ITQ, as substantiated
by the required professional experience, client references, technical
knowledge and qualifications; and sufficient labor and equipment to
comply with the City’s established standards, as well as the financial
capability of the Bidder to perform the Work in accordance with the
Contract Documents to the satisfaction of the City within the time
prescribed. The City reserves the right to reject the Bid of any
Bidders on the basis of these queries and investigations and who
does not meet the City’s satisfaction, even though the firm may be
the lowest dollars and cents Bid. In analyzing Bids, the City will also
take into consideration client references, past work experience and
work product, proven ability to satisfactorily perform. If the Contract
is awarded, the City will issue the Notice of Award and give the
successful Bidders a Contract for execution within ninety (90) days
after opening of Bids. The City specifically reserves the right to award
the contract to a Bidder who is not necessarily the lowest dollars and
cents Bidders on the basis of the results of these queries and
investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance Bond,
the Certificates of Insurance and such other Documents as required
by the Contract Documents shall be executed and delivered by
Bidder to the City within ten (10) calendar days of receipt of the
Notice of Award.
1.33 LAWS AND REGULATIONS:
The Bidder will give all notices and comply with all laws, ordinances,
rules and regulations applicable to the Work. If the Bidder observes
that the Specifications are at variance therewith, they will give the
City prompt written notice thereof, and any necessary changes shall
be adjusted by an appropriate modification. If the Bidder performs
any Work knowing it to be contrary to such laws, ordinances, rules
and regulations, and without such notice to the City, they will bear
all costs arising wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
No. 85-8012694687C-4 appears on each purchase order. Exemption
certificates are available upon request.
1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Bidder shall defend, indemnify
and hold harmless the City, its officers, agents and employees, from
or on account of any injuries or damages, received or sustained by
any person or persons during or on account of any operations
connected with the Work described in the Contract Documents, or
by or in consequence of any negligence in connection with the same;
or by use of any improper materials or by or on account of any act
or omission of the said Bidder or his Sub-Bidder, agents, servants or
employees. The Bidder will defend, indemnify and hold harmless the
City and their agents or employees from and against all claims,
damages, losses and expenses including attorneys' fees arising out
of or resulting from the performance of the Work, provided that any
such claim damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than Work itself) including the loss of use
resulting wherefrom and (b) is caused in whole or in part by any
negligent act or omission of the Bidder, Sub-Bidder, anyone directly
or indirectly employed by any of them or anyone for whose acts any
of them may be liable, regardless of whether or not it is caused by a
party indemnified hereunder. In the event that a court of competent
jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this
Work, then in lieu of the above provisions of this section the parties
agree that Bidder shall indemnify, defend and hold harmless the City,
their officers and employees, to the fullest extent authorized by Sec.
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 8
725.06 (2) F.S., which statutory provisions shall be deemed to be
incorporated herein by reference as if fully set forth herein. In the
event that any action or proceeding is brought against City by reason
of any such claim or demand, Bidder, upon written notice from City
shall defend such action or proceeding by counsel satisfactory to
City. The indemnification provided above shall obligate Bidder to
defend at its own expense 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 that may be brought against City, excluding
only those which allege that the injuries arose out of the sole
negligence of City, which may result from the operations and
activities under this Contract whether the Work be performed by
Bidder, its Sub-Bidders, or by anyone directly or indirectly employed
by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.37 CITY MAY TERMINATE:
If the Bidder is adjudged bankrupt or insolvent, or if they make a
general assignment for the benefit of their creditors, or if a trustee
or receiver is appointed for the Bidder or for any of their property,
or if they file a petition to take advantage of any debtor’s act, or to
reorganize under bankruptcy or similar laws, or if they repeatedly
fails to supply sufficient skilled workmen or suitable materials or
equipment, or if they repeatedly fail to make prompt payments to
Sub-Contractors or for labor, materials or equipment or they
disregard laws, ordinances, rules, regulations or orders of any public
body having jurisdiction, or if they disregard the authority of the City,
of if they otherwise violate any provision of, the Contract Documents,
then the City may, without prejudice to any other right or remedy
and after giving the Bidder and the surety ten (10) days written
notice, terminate the services of the Bidder and take possession of
the Project and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Bidder, and finish
the Work by whatever method they may deem expedient. In such
case the Bidder shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the Contract Price
exceeds the direct and indirect costs of completing the Project,
including compensation for additional professional services, such
excess shall be paid to the Bidder. If such costs exceed such unpaid
balance, the Bidder will pay the difference to the City. Such costs
incurred by the City will be determined by the City and incorporated
in a Change Order. If after termination of the Bidder under this
Section, it is determined by a court of competent jurisdiction for any
reason that the Bidder was not in default, the rights and obligations
of the City and the Bidder shall be the same as if the termination had
been issued pursuant to this document.
1.37.1 Where the Bidder’s services have been so terminated
by the City said termination shall not affect any rights
of the City against the Bidder then existing or which
may thereafter accrue. Any retention or payment of
moneys by the City due the Bidder will not release the
Bidder from liability.
1.37.2 Upon ten (10) days written notice to the Bidder, the
City may, without cause and without prejudice to any
other right or remedy, elect to terminate the
Agreement. In such case, the Bidder shall be paid for
all Work executed and accepted by the City as of the
date of the termination. No payment shall be made for
Work which has not been performed.
1.38 MISCELLANEOUS:
Bidders acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be deemed
to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of
the corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage
prepaid, to the last business address known to them
who gives the notice.
1.38.2 The Contract Documents shall remain the property of
the City. The Bidder shall have the right to keep one
record set of the Contract Documents upon completion
of the Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon
Bidder and those in the Special Conditions and the
rights and remedies available to the City, shall be in
addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law,
by special guarantee or by other provisions of the
Contract Documents.
1.38.4 Should the City or the Bidder suffer injury or damage
to its person or property because of any error,
omission, or act of the other or of any of their
employees or agents or others for whose acts they are
legally liable, claim shall be made in writing to the other
party within a reasonable time of the first observance
of such injury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Bidder knowingly, irrevocably voluntarily and intentionally
waive any right either may have to a trial by jury in State or Federal
Court proceedings in respect to any action, proceeding, lawsuit or
counterclaim based upon the Contract Documents or the
performance of the Work there under.
1.40 GOVERNING LAW, VENUE AND WAIVER OF JURY TRIAL:
It is agreed that this Agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Florida. In the
event it becomes necessary for either party to initiate legal action
regarding this Agreement venue shall be in the Eleventh Judicial
Circuit in and for Miami Dade County, Florida, for any claims under
state law and in the Southern District of Florida, Miami Division, for
any claims brought in federal court. If either party utilizes such legal
action, including appeals, if necessary, to enforce this Agreement,
the prevailing party shall be entitled to recover its reasonable
attorney’s fees and costs at the pretrial, trial and appellate levels.
Each of the parties hereto hereby knowingly, voluntarily and
intentionally, waives the right which any party may have to a jury
trial in respect of any action, proceeding, litigation or counterclaim
based hereon or arising out of, under, on or in connection with this
Agreement or any course of conduct, course of dealing, statements
(whether verbal or written) or actions of either of party.
1.41 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City’s expense, the books and records and accounts of
Bidder which relate in any way to the Project, and to any claim for
additional compensation made by Bidder, and to conduct an audit of
the financial and accounting records of Bidder which relate to the
Project. Bidder 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 years following final
completion of the Project. During the Project and the three year
period following final completion of the Project, Bidder shall provide
City access to its books and records upon five days written notice.
1.42 SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the application of
such provisions to persons or situations other than those as to which
it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
1.43 INDEPENDENT BIDDER:
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 9
The Bidder is an independent Bidder under the Contract. Services
provided by the Bidder shall be by employees of the Bidder and
subject to supervision by the Bidder, and not as officers, employees,
or agents of the City. Personnel policies, tax responsibilities, social
security and health insurance, employee benefits, purchasing policies
and other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Bidder.
End of Section
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 10
Section 2
Special Terms and Conditions
2.1 PURPOSE OF BID
The City of Sunny Isles Beach intends to secure a source for the furnishing and installation of a
new HVAC Chiller system at the Government Center located at 18070 Collins Ave , Sunny Isles
Beach, FL 33160.
2.2 PRE-BID CONFERENCE
A Mandatory pre-bid conference will be held on 09/29/2016 at 2:30 PM at Sunny Isles Beach
Government Center, 18070 Collins Avenue, Sunny Isles Beach, FL 33160; 1 st Floor Conference
Room to discuss the special conditions and specifications included within this solicita tion. Those
who fail to attend this mandatory pre-bid conference will not be considered by the City and their
bid will rejected.
A site walk-thru will be conducted immediately following the pre -bid conference to allow bidders
to gain familiarity with the site and the existing infrastructure.
Bidders are requested to bring this solicitation document to the conference, as additional copies
may not be available.
2.3 CONTRACT TIME
Contractor shall be required to obtain Final Completion of all Work within one hundred and twenty
(120) calendar days from the date stated in the Notice to Proceed issued by the City Manager or
his designee.
2.4 METHOD OF AWARD
Award of the bid shall be made in accordance with Sect. 1.31 of the General Terms and Conditions.
2.5 BID PRICE
If a Bidder is awarded a contract under this solicitation, the Bid Price shall remain fixed and firm
during the contract term.
2.6 PERFORMANCE AND PAYMENT BOND
The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance and
Payment Bond in the amount of 100% of the total Bid Price, with the City of Sunny Isles Beach as
the Oblige, as security for the faithful performance of the Contract and for the payment of all
persons performing labor or furnishing materials in connection herewith within ten (10) calendar
days after issuance of the Notice of Award by the City. The Performance and Payment Bond shall
continue in effect through the contract term. The bonds shall be with a surety company authorized
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 11
to do business in the State of Florida and having been in business with a record of successful
continuous operation for at least five (5) years.
2.7 BID BOND
The City of Sunny Isles Beach shall require that every Bidder furnish a bid bond in the amount of
5% of the total bid price.
2.8 INSURANCE
2.8.1 Comprehensive General Liability Insurance
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 offered in 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 shall specifically include the
following with minimum limits not less than those required for Bodily Injury Liability and
Property Damage Liability:
Premises and Operation;
Independent Contractors;
Products and/or Completed Operations Hazard;
Broad Form Property Damage;
Broad Form Contractual Coverage applicable to this specific Contract, including any
hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and Pr operty
Damage Liability.
2.8.2 Business Automobile Liability
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:
Owned Vehicles;
Hired and Non-Owned Vehicles;
Employers’ Non-City ship.
Before starting the Work, the Bidder will file and make sure that all certificates of insurance
required by this document and by the Contract are in the City’s possession. These
certificates shall contain a provision that the coverage afforded under the policies will not
be canceled or materially changed until at least thirty (30) days prior written notice has
been given to the City by certified mail. The City shall be named as an additional insured
on the above-referenced policies.
The Bidder agrees that if any part of the Work under the Contract is sublet, they will require
the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub -
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 12
Contractor(s) to furnish to them insurance certificates similar to those required by the City
in this section.
2.8.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes
Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred
Thousand and 00/100 dollars ($100,000.00) per accident. Bidder agrees to be responsible
for the employment, conduct and control of its employees and for any injury sustained by
such employees in the course of their employment
2.8.4 Cancellation and Re-Insurance
If any insurance should be cancelled or changed by the insurance company or should any
insurance expire during the period of this contract, the Consultant shall be responsible for
securing other acceptable insurance to provide the coverage specified in this section to
maintain coverage during the life of this Contract. All deductibles m ust be declared by the
Bidder and must be approved by the City. At the option of the City, either the Bidder shall
eliminate or reduce such deductible or the Bidder shall procure a Bond, in a form
satisfactory to the City, covering the same.
NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON
EACH CERTIFICATE OF INSURANCE.
2.9 PAYMENTS
Invoices shall be provided in accordance with Section 1.13 of the General Terms and Conditions.
The City’s payment terms are net 30 (within 30 days of invoice receipt date without discounts).
Invoices shall be supported with detailed information and mailed to:
City of Sunny Isles Beach
Capital Projects Manager
18070 Collins Ave, 3rd Floor
Sunny Isles Beach, FL 33106
2.10 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE CONTRACTOR
Unless otherwise provided in Section 3 of this solicitation the Contractor shall furnish the following,
including but not limited to, all labor, materi al, equipment, barricading, Maintenance of Traffic
(MOT) inclusive of any required off duty police officers, adequate supervision, and coordination for
satisfactory contract performance. When not specifically identified in the technical specifications,
such materials and equipment shall be of a suitable type and gra de for the purpose and meeting
or exceeding all permit or industry standard requirements. All material, workmanship, 100%
design, testing and equipment shall be subject to the inspection and approval of the City Manager
or his designated representative for this project.
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 13
2.11 CLEAN-UP
All unusable materials and debris shall be removed from the premises at the end of each workday,
and disposed of in an appropriate manner. No equipment, material, debris, trailers or other items
may be stored in any location outside of the provided construction easements without written
approval from the City and the property owner. Upon final completion, the Contractor shall
thoroughly clean up all areas where work has been involved as mutually agreed with the City.
2.12 FEDERAL, STATE AND LOCAL REGULATIONS
The successful Bidder shall comply with all federal, state and local ordinances, regulations, rules
and permits as well as any other laws that would apply to the services being provided. The Bidder’s
costs associated with regulatory requirements shall be included in the bid whether depicted
specifically or not within the body of the ITB.
2.13 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The Bidder hereby acknowledges and agrees that all materials, except where recycled co ntent is
specifically requested, supplied by the Bidder in conjunction with this solicitation and resultant
contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the
event any of the materials supplied to the City by the Contractor are found to be defective or do
not conform to specifications: (1) the materials may be returned to the Contractor at the
Contractor’s expense and the contract cancelled or (2) the City may require the Contractor to
replace the materials at the Contractor’s expense. No provisions or allotments for delays or time
extensions to the schedule as a result of “defective”, unacceptable material, or reused material
found shall be granted.
In the event that material is suspected by the City of being reused or not new in original packaging,
the material may be rejected. The Contractor shall remove such material and replace it at his/her
cost and within the original schedule. No provisions or allotments for delays or time extensions to
the schedule as a result of “defective”, unacceptable material, or reused material found shall be
granted.
2.14 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED
The Contractor shall neither commence any work, nor enter a City work premise, until a written
Notice to Proceed (NTP) directing the Contractor to proceed with the work has been received by
the Contractor from the City Manager or his designee representative; provided however, that such
notification shall be superseded by any emergency work that may be required in accordance with
provisions included elsewhere in this solicitation and resultant contract. In addition to the written
NTP, the Contractor must supply the City with the required insurance and bond documents.
2.15 ACCIDENT PREVENTION AND BARRICADES
Barricades, cones, construction fencing, temporary construction fencing and off duty police officers,
per City regulations and other relevant requirements, shall be provided by the Contractor when
work is performed in areas traversed by persons, vehicular traffic or when deemed necessary by
the City Manager or his designee at no extra cost to the City. Continuous off-duty police support
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 14
shall be required for all work resulting in modifications to the existing traffic flow patterns including
but not limited to lane closures and detours or where otherwise requested by the city.
Contractor shall comply with City, State and Federal regulations and permit requirements for the
placement of the proper Traffic Control Devices. Precautions shall be exercised at all times for the
protection of persons and property. All services performed under this contract shall conform to all
relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control
Devices (MUTCD), the Florida Department of Transportation’s Design Standards (DS) and OSHA
during the course of such effort. Where requirements vary or conflict, the more stringent shall
apply. Any fines levied by the above mentioned authorities for failure to comply with these
requirements shall be borne solely by the Contractor.
2.16 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM
2.16.1 Type of Warranty Coverage Required
The Contractor shall provide a copy of its written warranty certificates at contract close-
out. The warranty supplied by the Contractor shall remain in force for the full period;
regardless of whether the Contractor is under contract with the City at the time of defect.
Any payment by the City on behalf of the goods or services received from the Contractor
does not constitute a waiver of these warranty provisions. Contractor’s warranties shall
be one (1) year from final completion, backed by a warranty bond and shall include all
delivery, labor, material, and equipment for the correction, replacement, reinstallation,
and/or removal of defective and/or unacceptable work.
Warranties for specific components of the work shall be provided separately and on
fabricators or manufacturers original letterhead with original signatures.
2.16.2 Correcting Defects Covered Under Warranty
The Contractor shall be responsible for promptly correcting any deficiency, at no cost to
the City, within seven (7) calendar days after the City notifies the Contractor of such
deficiency in writing. If the Contractor fails to satisfy the warranty within the perio d
specified in the notice, the City may (a) place the Contractor in default of its contract,
and/or (b) procure the products or services from another source and charge the Contractor
for any additional costs that are incurred by the City for this work or items; either through
a credit memorandum or through invoicing.
2.17 DEFICIENCIES IN WORK TO BE CORRECTED BY THE PROPOSER
The Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work,
and/or any work that fails to conform to the contract documents regardless of project completion
status. All corrections shall be made within seven (7) calendar days after such rejected defects,
deficiencies, and/or non-conformances are verbally reported to the Contractor by the City's project
administrator, who may confirm all such verbal reports in writing. The Contractor shall bear ALL
costs of correcting such rejected work. If the Contractor fails to correct the work within the period
specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor is
subject to contractual default provisions if the corrections are not completed to the satisfaction of
the City within seven (7) calendar days of receipt of the notice. If the Contractor fails to correct
the work within the period specified in the notice, the City shall place the Contractor in default.
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 15
2.18 FURNISH AND INSTALL REQUIREMENTS
The specifications and/or statement of work contained within this solicitation describe the various
functions and classes of work required as necessary for the completion of the work. Any omissions
of inherent technical functions or classes of work within the specifications and/or statement of work
shall not relieve the Contractor from furnishing, installing or performing such work where required
to the satisfactory completion of the project.
2.19 LICENSES, PERMITS AND FEES
The Contractor shall obtain and pay for all licenses, permits and inspec tion fees required for this
project; and shall comply with all laws, ordinances, regulations and building code requirements
applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City
or the Contractor for failure to obtain required licenses, permits or fines shall be borne by the
Contractor.
2.20 WEEKLY PROGRESS REPORTS
The City shall require that the Contractor attend weekly progress meetings and provide reports on
the status of the project. The report shall include at the minimum the following information;
Background on the project itself
Discussion of the achievements since last reporting
Discussion of problems that have arisen
Discussion of work that lies ahead
Two week look ahead schedule
Update on estimated schedule and budget completion
END OF SECTION
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 16
Section 3
Scope of Work / Technical Specifications
SCOPE OF WORK
The Scope of Work consists of providing all labor, materials, equipment necessary and to replace the
existing air cooled chillers and chilled water pumps, with a new water cooled chiller, chilled water pumps
and cooling towers. The new equipment sh ould be monitored and controlled by the existing building
management control system (Metasys) manufactured by Johnson Controls (15901 SW 29th Street, Miramar,
FL).
Coordination with the City and other parties involved is required if any other circumstances happen during
the work unspecified by this Contract Documents. The Contractor has ultimate responsibility to perform
Work in accordance with all rules and regulations that pertain to the industry which work is perfo rmed.
TECHNICAL SPECIFICATIONS
1. Scope of work includes removal and disposal of existing Cooling Tower. Prior to initiating work, the
successful bidder shall coordinate with the City to determine potential salvageability of any existing
system components.
2. Please refer to the attached plans prepared by Florida Engineering Services (FES) dated June 9,
2016 for detailed specifications.
3. The Contractor shall be solely responsible for obtaining all permits and licenses required to perform
the scope of work, including but not limited to the City of Sunny Isles Beach and any other State,
Local or Federal entities.
4. As requested by the Building Department, Engineered Shoring/Bracing Plans and Shop Drawings
shall be provided by the Contractor as part of the permit requirements.
5. A third party Commissioning Agent shall be retained by the City for this project (The Commissioning
agent services are not a part of this scope of services.)
6. The Government facility shall maintain normal business functions for the duration this project. At no
time shall the facility be without HVAC services. The contractor shall provide a temporary chiller to
serve the facility. All costs to engineer, permit and furnish the temporary chiller shall be borne by
the Contractor as a part of this project. The contractor shall be responsible for conducting all studies
deemed necessary to determine the best feasible location of the temporary chiller. The contractor’s
proposed location shall be subject to City approval.
END OF SECTION
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 17
Section 4
Bid Submittal Instructions & Forms
BID DATES & TIMES
Bid Issuance ........................................................... 09/15/2016
Questions Due ........................................... 10/07/2016 5:00pm
Bid Due & Opening .................................... 10/31/2016 2:30pm
BID PACKET
Bidders must include the following Bid Forms, Bonds & Affidavits and in the following order:
Bid Form 1 ................................................................ Bid Cover
Bid Form 2 ...................................... Addenda Acknowledgement
Bid Form 3 ............................................................... Bid Pricing
Bid Bond
Affidavit............................................................... Non-Collusion
Affidavit...................................................... Public Entity Crimes
Affidavit.............................. Equal Opportunity/Affirmative Action
Affidavit........................................................ Conflict of Interest
Affidavit........................................................ Dispute Disclosure
Affidavit................................................................ Anti-Kickback
BID SUBMITTAL
Submit one (1) original, four (4) copies, and one (1) electronic file in a sealed envelope addressed to the
City Clerk at:
Attn: City Clerk
City of Sunny Isles Beach
18070 Collins Ave., 4th Floor
Sunny Isles Beach, FL 33160
The sealed envelope must clearly state:
IMPORTANT, BID ENCLOSED
Bid No. 16-09-02
New HVAC Chiller Systems for Government Center
OPENING DATE AND TIME: Thursday, 10/31/2016 at 2:30PM
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 18
BID FORM 1
BID COVER
Bid Title: New HVAC Chiller Systems for Government Center
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the
City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Bidder accepts all of the terms and conditions of the ITB and Instructions to Bidders, including without
limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for
90 days after the day of Bid opening. The Bidder agrees to sign and submit the Agreement and other
documents required by this ITB within ten days after the date of the City’s Notice of Award.
In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:
The Bidder has familiarized himself/herself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect
cost, progress, performance, or furnishing of the Work.
The Bidder has given the City written notice of all conflicts, errors, discrepancies that it has discovered
in the Contract Documents and the written resolution thereof by City is acceptable to the Bidder.
This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other
Bidder to submit a false or sham Bid; the Bidder has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any
advantage over any other Bidders or over the City.
The Bidder understands and agrees that the Bid is for unit prices to furnish and install individual Work
Items for maintenance and/or repair work, complete in place. Estimates are provided for the purpose of
Bid evaluation and to establish unit prices for individual Work Items for maintenance and/or repair work to
be contracted by the City under individual Purchase Orders, based on the unit prices established under this
Bid.
The City and the successful Bidder will establish completion times for each individual Work Item and the
successful Bidder agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
Exact Legal Company Name: ______________________________________________________________
Business Name (dba), if any: ______________________________________________________________
Street Address: __________________________________________________________________________
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 19
Mailing Address (if different): ________________________________________________________________
Telephone No.: ______________________________________________________
Fax No.: ___________________________________________________________
Email Address: ______________________________________________________
FEIN No.: __________________________________________________________
*By signing this document the bidder agrees to all Terms
Authorized Signature: ________________________________________________
Print Name: ________________________________________________________
Title: ______________________________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE
BOUND BY THE TERMS OF ITS BID. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON-
RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT
INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE
TERMS OF ITS OFFER.
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 20
BID FORM 2
ADDENDA ACKNOWLEDGEMENT
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS ITB
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS RFQ
FIRM NAME: __________________________________________________________________________
SIGNATURE: ______________________________________________
TITLE: __________________________________________
DATE: ________________
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 21
BID FORM 3
BID PRICING
BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS
INCLUDING ALL LABOR, EQUIPMENT, SUPERVISION, TESTING AND PERMITTING TO PROVIDE A
COMPLETE TURN-KEY PROJECT CONFORMING TO THE REQUIREMENTS DETAILED BY THE
SPECIFICATIONS, MANUFACTURER, OWNER, STATE, FEDERAL AND LOCAL AGENCIES FOR THE
FOLLOWING LUMP SUM AND/OR UNIT PRICES. WORK INCLUDES BUT IS NOT LIMITED TO
GENERAL, ELECTRICAL AND MECHANICAL CONSTRUCTION.
BID
ITEM # DESCRIPTION UNIT EST.
QUANTITY
UNIT
COST
EXTENDED
COST
Demolition of Existing HVAC Cooling Towers
1.
Removal and disposal of existing
infrastructure including but not limited to 50-
TON Chiller, 200-Ton air cooled chiller, wood
service platforms, chilled water pumps,
piping and relocation of exiting expansion
tank
LS 1 $ $
Subtotal of Demolition of Existing HVAC Chiller Systems $
New HVAC Chiller Systems
2.
New 250-TON water cooled Chiller to
installed on existing structural curbs with
modified steel frame including but not
limited too new cooling tower, chilled water
pumps, condenser pumps, piping, wall
mounted variable frequency drives,
filtration/treatment system, backflow
preventer and electrical components
LS 1 $ $
Subtotal of New HVAC Chiller Systems $
Temporary Chiller System
3.
Temporary Chiller to serve the replace the
existing Chiller system for the entire facility
as needed during system turnover
LS 1 $ $
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 22
Temporary Chiller System $
PROJECT CLOSE OUT
4.
As-built record drawings (electronic
AutoCAD &PDF format and hard copy) LS 1 $ $
Subtotal of Project Close Out $
BID SUBTOTAL (1 – 4) $
CONTINGENCIES
5.
Project Contingency (To be used at the sole
discretion and direction of the Owner) 1 15% $
6. Permit Allowance 1 $15,000 $15,000
BID TOTAL (1 – 6): $
City of Sunny Isles Beach | Invitation to Bid No. 16-09-02 23
AFFIDAVITS
1 of 10
2 of 10
3 of 10
4 of 10
5 of 10
6 of 10
7 of 10
8 of 10
PERFORMANCE BOND
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
_______________________________________, as Principal, hereinafter called Contractor, and
________________________, as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee,
hereinafter called City, in the amount of ________________________________ Dollars ($
_____________) 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.:
______________, awarded the day of , 20 , for
_______________________________________ in accordance with contract documents prepared by the City of
Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
16.1. Fully performs the Contract between the Contractor and the City for
_________________________________ (Bid No. ______________) within calendar days after the
date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the
Contract; and
16.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor),
expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains
because of default by Contractor under the Contract; and
16.3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within
one and one half (1 1/2) years, and:
16.4. 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. Whenever Contractor shall be, and declared
by City to be, in default under the Contract, the City having performed City’s obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
16.4.1. Complete the Contract in accordance with its terms and conditions; or
16.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and
upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder,
or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest,
qualified, responsible and responsive 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, less 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 the 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 do not affect
Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
WITNESS: BY:
(Name of Corporation)
_________________________
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney-in-Fact
* (Power of Attorney must be attached)
(Address)
______________________________
(City/State/Zip Code)
______________________________
(Telephone)
STATE OF FLORIDA
COUNTY OF _________________________
The foregoing instrument was acknowledged before me this _____ day of __________________, 20____,
by _________________________________________________________ [name of person], as
__________________________________ [type of authority], for ________________________________ [name
of party on behalf of whom instrument was executed].
AFFIX NOTARY STAMP HERE: ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
6
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TYP.www.garciamullin.com ScaleDateDrawn By Checked ByProject NumberSTRUCTURAL ENGINEER:GARCIA MULLIN GROUP, LLC.8181 NW 154 ST.SUITE 247 786-646-2344 JORGE GARCIA, P.E. #74028 As indicated 7/11/2016 10:03:14 AM S-1.1COOLING TOWER SUPPORTSCITY OF SUNNY ISLES BEACH 18070 COLLINS AVE JGEG06/10/201616020
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