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HomeMy WebLinkAboutR-98-0550J-98-585 5/29/98 RESOLUTION NO. vy— 550 A RESOLUTION APPROVING THE PROCUREMENT OF AIR CONDITIONING, HEATING, VENTILATING AND REFRIGERATION SERVICES CITYWIDE FROM AIRSOURCE SERVICE, INC., CITY AIR, INC., ARCTIC BREEZE AIR CONDITIONING, INC., TEMPTROL AIR CONDITIONING, INC., C.G.R. CONSTRUCTION CO., AND TRINITY AIR CONDITIONING COMPANY, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1300-0/99, ON AN AS -NEEDED EMERGENCY BASIS UNTIL APRIL 30, 1999, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A TOTAL AMOUNT NOT TO EXCEED $10,000.00; ALLOCATING FUNDS THEREFORE FROM ACCOUNT CODE NO. 506000.420119.670. WHEREAS, the Department of General Services Administration has analyzed the Miami -Dade County contract, and has determined that its use is beneficial since it utilizes 1996 pricing, and offers a number of contractors that provide diversified services which meets the varied Citywide needs; and WHEREAS, said contracts will allow emergency service to be provided on demand when multiple systems are down simultaneously; and WHEREAS, funds are available from the Department of General Services Administration, Building Maintenance Division, Account MEETING OF JUN 0 9 1998 Bewlution Na Code No. 506000.420119.670; and WHEREAS, the City Manager and the Director of the Department of General Services Administration recommend the procurement of air conditioning, heating, ventilating and refrigeration services Citywide from Airsource Service, Inc., City Air, Inc., Arctic Breeze Air Conditioning, Inc., Temptrol Air Conditioning, Inc., C.G.R. Construction Company, Inc., and Trinity Air Conditioning Company, utilizing existing Miami -Dade County Contract No. 1300- 0/99, be approved. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The procurement of air conditioning, heating, ventilating and refrigeration services Citywide from Airsource Service, Inc., City Air, Inc., Arctic Breeze Air Conditioning, Inc., Temptrol Air Conditioning, Inc., C.G.R. Construction Company, Inc., and Trinity Air Conditioning Company, utilizing existing Miami -Dade County Contract No. 1300-0/99, on an as - needed emergency basis until April 30, 1999, for the Department of General Services Administration, at a total amount not to exceed $10,000.00, is hereby approved, with funds therefor hereby allocated from Account Code No. 506000.420119.670. Section 3. This Resolution shall became effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of June , 1998. JOB CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislati0T! fbOVJ becomes effective with the elapse of ten {10) days from the date of CC,,j)Mi5sjcn act:c s regarding same, without the Mayor exercising veto. ATTEST: 11 W oeman, Citv Clerk WALTER J. FOEMAN CITY CLERK PREPARED AND APPROVED BY:� y 7 /r RAFAEL O. D-IA ASSISTANT.-'CIIYA TT Y APPROED A-9/!16 F,d AND CORRECTNESS: /,' , /CI TTORNEY W 18:BSS - 3 - 98- 550 CITY OF MIAMI, FLORIDA CAml INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission op FROM : DeFial H. Warshaw City Manager RECOMMENDATION: DATE : June 9, 1998 FILE SUBJECT Resolution Authorizing Air Conditioning and RVAC Emergency Services REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing an award utilizing an existing Miami -Dade County Contract No. 1300-0/99, "Air Conditioning, Heating, Ventilating & Refrigeration Service", on an as needed emergency basis until April 30, 1999, for air conditioning and HVAC services. Further authorizing an award as per the attached list of approved vendors, in an annual amount not to exceed $10,000. Funds are available in the FY '98 Operating Budget of the Department of General Services Administration's Building Maintenance Division, Account Code No. 506000.420119.670. BACKGROUND: The Department of General Services Administration has analyzed the Miami - Dade County contract, and has determined that it s use is beneficial since it utilizes 1996 pricing, and offers a number of contractors that provide diversified services which meets the varied City-wide needs. The Department currently has one Air Conditioning Mechanic on staff. This contract shall allow emergency service to be provided on demand when multiple systems are down simultaneously. GSA/MeACCont.doc 98- 550 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Jose Garcia -Pedrosa May 20, 1998 TO : Clt 9 na er DATE : FILE SUBJECT : Budgetary Authorization for Air Conditioning and k":scual, HVAC Emergency Services Director REFERENCES: Department of General Services Administration ENCLOSURES: The Department of General Services Administration has verified with the Office of Budget and Management Analysis that funds are available from the FY `98 Operating Budget of the Department of General Services Administration's Building Maintenance Division, Account Code No. 504000.420119.670, in an amount not to exceed $10,000. BUDGETARY REVIEW AND APPROVAL BY: � Date: DIPAK PAREKH, DIRECTOR OFFICE OF BUDGET AND MANAGEMENT ANALYSIS JAP:eh GSAIWACServ.doc 98- 550 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To . Judy Carter, Director DATE . May 19, 1998 FILE jepartment r ing Department SUBJECT Air Conditioning Contract Evaluation FROM cllal, Director REFERENCES: of General Services Administration ENCLOSURES: We have reviewed both the Miami -Dade County and City of Miami contract for Air Conditioning and HVAC Maintenance and service. Please refer to the attached May 12, 1998 memorandum from Mr. Chuck Postis our Air Conditioning Mechanic, which is the basis of our recommendation to proceed with an award utilizing Miami -Dade County Contract No. 1300-0/99. Should you require any additional information, please advise. c: Alex J. Martinez Assistant Director Danette Perez Assistant to the Director McACEvaCon.doc 98- 550 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Victor Cornier Acting Superintendent Property Maintenance Division FROM Chuck Postis A/C Mechanic Property Maintenance Division DATE May 12,1998 FILE SUBJECT Citywide Air Conditioning Contract REFERENCES: ENCLOSURES: I have been requested to compare the Miami -Dade County Air Conditioning Contractor Type Assistance Contract versus the City of Miami Air Conditioning Maintenance Contract Bids. Additionally, I have been requested to submit my recommendations on which to accept. It is my impression that it is the intention of the City to have a well rounded and redundant selection of qualified air conditioning service contractors under contract. This would allow quick response to different types and sizes of air conditioning service and repair needs with a variable labor rate. It is my opinion that the Miami -Dade County Air Conditioning Contractor Type Assistance Contract is more diversified in -the number and types of contractors available for the City's needs. I therefore, recommend the City accept the Miami -Dade County Air Conditioning Contractor Type Assistance Contract over the Miami Air Conditioning Maintenance Contract. cc . r ea'J. Martinez, Assistant Director, General Services Administration 98- 550 -, . AWARD UNDER MIAMI-DADE COUNTY CONTRACT NO. 1300-0/99 ITEM: Air Conditioning, Heating, Ventilating & Refrigeration Services Citywide DEPARTMENT: GSA TYPE OF PURCHASE: On an as -needed, when -needed emergency basis until April 30, 1998 REASON: The department currently has one Air Conditioning Mechanic on staff. This contract will allow emergency service to be provided on demand when multiple systems are down simultaneously. RECOMMENDATION: It is recommended that award be made to Aiirsource Service, Inc.; City Air, Inc.; Arctic Breeze Air Conditioning, Inc.; Temptrol Air Conditioning, Inc.; C.G.R. Construction Company, Inc.; and Trinity Air Conditioning Company, under existing Miami -Dade County Contract No. 1300-0/99, at a total amount not to exceed $10,000.00; Allocating funds from Account Code No. 506000.420119.670. Judy S. ector of Purchasing 5 $a Dat Award Under Dade County Contracts 9 Q— 550 CITY OF MIAMI SUMMARY OF CONTRACTS AWARDED FOR: AIR CONDITIONING, HEATING, VENTILATING & REFRIGERATION SERVICES CITYWIDE AWARDED TO: Airsource Service, Inc.; City Air, Inc. Arctic Breeze Air Conditioning, Inc. Temptrol Air Conditioning, Inc. C.G.R. Construction Company, Inc. and Trinity Air Conditioning Company MIAMI-DARE CONTRACT NO. 1300-0/99 $10,000.00 TIME PERIOD NUMBER OF BIDS DOLLAR AMOUNTS 1994 - present None PRIOR CONTRACT AWARD(S): Bid No. 93-94-042, Coconut Grove Convention Center, $28,800 (Total Air Services) Bid No. 95-96-081, Police, $40,560 (Carrier Corporation) SUMMARY OF CONTRACTS. DOC g S- 5 5 0 C O N T R A C T BID NO.: 1300-0/99 AWARD SHEET (Previous Bid No. 1300-0/97) AIR CONDITIONING, HEATING, VENTILATING & REFRIGERATION SERVICE (CTA) CONTRACT PERIOD: 5/1/96 thru 4/30/99 COMMODITY CODE: 906-44, 910-36, 925-07, 936-67 PART #1: VENDORS AWARDED F.E.I.N.: 65-0501441 VENDOR: Airsource Service, Inc. STREET: 8362 Pines Boulevard CITY/STATE/ZIP: Pembroke Pines, FL 33024 F.O.B. TERMS: Dest. PAYMENT TERMS: 2%-10 Days, Net 30 DELIVERY: As Required " PHONE: (954) 966-6559 FAX: (954) 966-0780' CONTACT PERSON: Wayne R. Bowers F.E.I.N.: 65-0253659 VENDOR: Arctic Breeze Air Conditioning, Inc. STREET: 9809 N.W. 80 Avenue, #9E CITY/STATE/ZIP: Hialeah Gardens, FL 33016 F.O.B. TERMS: Dest. PAYMENT TERMS: Net 30 DELIVERY: As Required PHONE: (305) 828-8611 FAX: (305) 362-3309 CONTACT PERSON: Charles K. King F.E.I.N.: 65-0378796 VENDOR: C.G.R. Construction Co., Inc. STREET: 20220 S.W. 51 Court CITY/STATE/ZIP: Pembroke Pines, FL 33332 F.O.B. TERMS: Dest. PAYMENT TERMS: Net 30 DELIVERY: As Required PHONE: (954) 680-7878 FAX: (954) 680-7878 CONTACT PERSON: Carlo Rebosio OTR YEARS: N/A 65-0302115 City Air, Inc. 8396 N.W. 70 Street Miami, FL 33166 Dest. 3-10 Days, Net 36 As Required (305) 477-0400 (305) 591-2445 Daniel Cuesta - 59-2253130 Temptrol Air Conditioning, I 4215 S.W. 72 Avenue Miami, FL 33155 Dest. Net 30 As Required (305) 662-7777 (305) 663-1767 Ray Lopez 59-2655524 Trinity Air Conditiong Co., 13335 S.W. 88 Avenue Miami, FL 33176 Dest. 2%-10 Days, Net 15 As Required (305) 256-9099 (305) 256-0977 J. Barrie McHugh 98- 550 CONTRACT AWARD SHEET BID NO. 1300-0/99 PART #2: ITEMS AWARDED See Attached PART #3: AWARD INFORMATION (X)BCC ( )PMD AWARD DATE: 3/5/96 AGENDA ITEMS #: 6(F)(2)(B) BIDS & CONTRACTS RELEASE DATE: 4/1/96 OTR YEAR: N/A ADDITIONAL ITEMS ALLOWED: Important: Read the attached Conditions SPECIAL CONDITIONS: Important: Read the attached Conditions TOTAL CONTRACT VALUE: $4,068,000.00 MODIFIED CONTRACT VALUE: $N/A DOLLAR AMOUNT USER DEPARTMENT ALLOCATED Aviation = $1,410,000.00 CAA - $50,000.00 Correction b Rehab. $510,000.00 GSA/DDFM-_ $150,000.00. GSA/Fleet _ - $25,000.00 Fire" $130,000.00 DCHUD' $685, 000.00-. Library $100,000.00 MDTA $150,000.00 Park & Recreation $225,000.00-- Public Works $8,000.00 .. Seaport $90,000.00 WDWASD $535,000.00 PROCUREMENT SPECIFIZATION SPECIALIST: Edward Mason, CPPB EM/rl 04-02-96 'b- Page 2 98-- 550 CONTRACT AWARD SHEET BID NO. 1300-0/99 IMPORTANT: READ SPECIAL CONDITON 2.6 ,LISTED ALPHABETICALLY PART ##2: ITEMS AWARDED Group 1 Rate For Less Than 5 Tons, Ordinance 90-143, Responsible Wages and Benefits All Buildings C.G.R City Temptrol Trir l.a. Journeyman $23.75/Hr. $27.50/Hr. $28.00/Hr. $30.( l.b. Foreman $28.27/Hr. $29.50/Hr. $30.00/Hr. $35.( 1.c. General Foreman $29.08/Hr. $42.00/Hr. * $40.00/Hr. $ NI) l.d. Apprentice (1st Year) $15.40/Hr. $20.00/Hr. $12.00/Hr. $10.( I.e. Apprentice (2nd Year) $24.21/Hr. $22.00/Hr. $18.00/Hr. $14.( l.f. Apprentice (3rd Year) $27.55/Hr. - $24.00/Hr. $22.00/Hr. $16.( l.g. Apprentice (4th Year) $31.95/Hr. $25.00/Hr. $24.00/Hr. $18.( l.h. Apprentice (5th Year) (without) $33.63/Hr. $26.50/Hr. $26.00/Hr. $Nli Group 2 Rate For 5Tons Less than 20 Tons, Less Than Six (6) Story Buildina. Ordinance y y C.G.R City Temptrol Trir 2.a. Journeyman_. $23.99/Hr. $32.50/Hr. $28,00/Hr. $35.( 2.b. Foreman $26.64/Hr: $34.50/Hr. $30.00/Hr. $40.( 2.c. General Foreman $29.46/Hr. $44.00/Hr. $40.00/Hr. $__�Li 2.d. Apprentice (1st Year) $15.58/Hr. $22.00/Hr. $12.00/Hr. $10.( 2.e. Apprentice (2nd Yea-r) $24.50/Hr. $24.00/Hr. $18.00/Hr. $14.0 2.f. Apprentice (3rd Year) $28.92/Hr. $26.00/Hr. $22.00/Hr. $16.0 2.g. Apprentice (4th Year) $32.37/Hr. $27.00/Hr. $24.00/Hr. $18.( 2.h. Apprentice (5th Year) (without) $34.08/Hr. $29.00/Hr. $26.00/Hr. $N/i Group 3 Rate For 20 Tons Less th 90-143. Resoonsible Waae Tons, Less Than enefits Arctic 3.a. Journeyman $41.00/Hr. 3.b. Foreman $25.00/Hr. 3.c. General Foreman $41.00/Hr. 3.d. Apprentice (1st Year) $19.72/Hr. 3.e. Apprentice (2nd Year) $33.72/Hr. 3.f. Apprentice (3rd Year) $21.00/Hr. 3.g. Apprentice (4th Year) $21.00/Hr. 3.h. Apprentice (5th Year) (without) $21.00/Hr. x (6) Story Buildino. Ordinan C.G.R. Temptrol Trir $23.48/Hr. $30.00/Hr. $42.( $29.23/Hr. $35,00/Hr. $45.( $30.07/Hr. $40.00/Hr. $N1, $15.77/Hr. $12.00/Hr. $10.f $25.00/Hr. $18.00/Hr. $14.c $28.27/Hr. $22.00/Hr. $16.( $32.79/Hr. $24.00/Hr. $18.! $33.79/Hr. $26.00/Hr. $_(, Page 3 98- 550 } 1 CONTRACT AWARD SHEET BID NO. 1300-0/99 Group 4 Rate For 100 Tons or More, Less Than Six 6 Stor Building or more, Ordinance 90-143, Responsible Wages and Benefits Arctic C.G.R. Temptrol Trir 4.a. Journeyman $41.00/Hr. $23.48/Hr.. $35.00/Hr. $43.( 4.b. Foreman $25.00/Hr. $29.23/Hr. $40.00/Hr. $45.( 4.c. General Foreman $41.00/Hr. $30.07/Hr. $45.00/Hr. $Np 4.d. Apprentice (1st Year) $19.72/Hr. $15.77/Hr. $12.00/Hr. $10.( 4.e. Apprentice (2nd Year) $33.72/Hr. $25.00/Hr. $18.00/Hr. $14.( 4.f. Apprentice (3rd Year) $21.00/Hr. $28.27/Hr. $22.00/Hr. $16.0 4.g. Apprentice (4th Year) $21.00/Hr. $32.79/Hr.. $24.00/Hr. $18.( 4.h. Apprentice (5th Year) (without) $21.00/Hr. $33.79/Hr. $26.00/Hr. $N1 z Group 5 Rate For 5 Tons Less than 20 Tons, Six (6) Story Building or more, Ordinance 90-143, Responsible Wages and Benefits C.G.R Temptrol Trinity 5.a. Journeyman $36.19/Hr. $28.00/Hr. $40.00/Hr. 5.b. Foreman $40.15/Hr. $30.00Mr. $45.00/Hr. 5.c. General Foreman $41.47/Hr. $40.00/Hr. $ N/A /Hr. 5.d.. Apprentice (1st Year) $15.89/Hr.. $12.00/Hr. $10.00/Hr. 5.e. Apprentice (2nd Year) $25.00/Hr. $18.00/Hr. $14.00/Hr. 5.f. Apprentice (3rd Year) $28.49/Hr. $22.00/Hr. $16.00/Hr. : 5.g. Apprentice.,(4th"Year) - $33.04/Hr. $24.00/Hr. $18.00/Hr. 5.h. Apprentice'(5th Year)"(without) $34.79/Hr. $26.00/Hr. $ N/A /Hr. Group 6 Rate For 20 Tons Less than 100 Tons, Six (6) Story Building or more, Ordinance 90-143, Responsible Wagesand Benefits - Arctic Temptrol Trinity 6.a. Journeyman $45.00/Hr. $30.00/Hr. $43.00/Hr. 6.b. Foreman $25.00/Hr. $35:00/Hr. $45.00/Hr. 6.c. General Foreman $45.00/Hr. $40.00/Hr. $ N/A /Hr. 6.d. Apprentice (1st Year) $19.72/Hr. $12.00/Hr. $10.00/Hr. 6.e. Apprentice (2nd Year) $33.72/Hr. $18.00/Hr. $14.00/Hr. 6.f. Apprentice (3rd Year) $21.00/Hr. $22.00/Hr. $16.00/Hr. 6.g. Apprentice (4th Year) $21.00/Hr. $24.00/Hr. $18.00/Hr. 6.h. Apprentice (5th Year) (without) $21.00/Hr. $26.00Mr. $ N/A Mr. Page 4 98- 550 CONTRACT AWARD SHEET BID NO. 1300-0/99 Group 7 Rate For 100 Tons or More, Six (6) Story Bui1ding,.2r more, Ordinance 90-143, Responsible Wages and Benefits -` C.G.R Temptrol Trinity 7.a. Journeyman $44.62/Hr. $35.00/Hr. $43.00/Hr. 7.b. Foreman $49.85/Hr. $40.00/Hr. $45.00/Hr. 7.c. General Foreman $51.59/Hr. $45.00/Hr. $ N/A /Hr. 7.d. Apprentice (1st Year) $15.87/Hr. $12.00/Hr. $10.00/Hr. 7.e. Apprentice (2nd Year) $25,00/Hr. $18.00/Hr. $14.00/Hr. 7.f. Apprentice (3rd Year) $28.49/Hr. $22.00/Hr. $16.00/Hr. 7.g. Apprentice (4th Year) $33.04/Hr. $24.00/Hr. $18.00/Hr. 7.h. Apprentice (5th Year) (without) $34.79/Hr. $26.00/Hr. $ N/A /Hr. Group•8- Rate For Less Than 5 Tons, Federally Funded Projects Airsource C.G.R. Temptrol Tr _ 8.a. Journeyman ;'; _.. $45.00/Hr. $30.36/Hr. $35.00/Hr. $34 8.b.;" Foreman > $45.00/Hr. $26:94%Hr $32.00/Hr. $30 8.c. Helper-**:*,.�. $16.00/Hr.._ $20.10/Hr „ $20.00/Hr. $0 Group 9 Rate For 5 Tons Less Than 20 tons, Federally Funded Projects C.G.R. Temptrol Trinity 9.a. Journeyman $30.36/Hr. $35.00/Hr. $34,00/Hr. 9.b. Foreman $26.94/Hr. $32.00/Hr. $30.00/Hr. 9.c. Helper $20.10/Hr. $20.00/Hr. $22.00/Hr. Group 10 Rate For 20 Tons Less Than 100 tons, Federally Funded Projects C.G.R. Temptrol Trinity 10.a. Journeyman $30.36/Hr. $45.00/Hr. $34.00/Hr. 10.b. Foreman $26.94/Hr. $40.00/Hr. $30.00/Hr. 10.c. Helper $20.10/Hr. $20.00/Hr. $22.00/Hr. Page 5 98- 550 CONTRACT AWARD SHEET Group 11 Rate For 100_Tons _or More, Federally Funded Projects BID NO. 1300-0/99 C.G.R. Temptrol Trinity 11.a. Journeyman $33.36/Hr. $50.00/Hr. $34.00/Hr. 11.b. Foreman $29.94/Hr. $45.00/Hr. $30.00/Hr. 11.c. Helper $23.10/Hr. $20.00/Hr. $22.00/Hr. NOTE: PARTS, MATERIALS, EQUIPMENT RENTAL, AND SUBCONTRACTORS (OTHER THAN HVAC) SHALL BE AT PLUS Z MARKUP. EVIDENCE OF ACTUAL COST SHALL BE REQUIRED AND MADE AVAILABLE TO THE DEPARTMENT BY THE SUCCESSFUL BIDDER. PERCENTAGE SHALL NOT EXCEED 2OZ MARK-UP ` Airsource Arctic C.G.R City Temptrol Tr 1.=.PARTS AND MATERIALS - 15Z 20Z 20Z ". 20Z 20Z 2. EQUIPMENT RENTAL' 15Z 10Z 20Z. 20Z 20Z 3.` SUB -CONTRACTOR (OTHER THAN HVAC) 15Z 10Z 20Z .., 20Z _ - 20Z Da -a F1 98- 550 METROPOLITANDADg UNTY, FLORIDA NO r METROD)E "•� s STEPHEN P. L RK CENTER GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION SUITE 2350 III N.W. 1st STREET MIAMI. FLORIDA 33128-1999 ADDENDUM NO. 2 (305) 37S-SM November 13, 1995 TO: ALL PROSPECTIVE BIDDERS SUBJECT: BID NO. 1300-0/99-CW BID OPENING DATE: November 22, 1995 This Addendum is and does become. a part of Bid No. 1300-0/99-CW entitled: Aid Conditioning, Heating, Ventilation b Refrigeration (CTA). Please note the following change(s): Replace Pages 26, 27 and 28 with Revised Pages 26, 27 and 28. ALL OTHER INFORMATION REMAINS THE SAME METROPOLITAN DADE COUNTY owe L. Silveira, CPPB Supervisor, GSA Procurement Management Division JLS/EM/rl 98- 550 METROPOLITAN DAD( OUNTY, FLORIDAPIP METRt}DADE ZIP STEPHEN P. CLARK CEN1 GENERAL SERVICES ADMNNNSTRATIOf, PROCUREMENT MANAGEMENT DIVISION SUITE 235C 111 NW 1st STREET MIAMI. FLORIDA 33128.IM (3M 3754M ADDENDUM NO. 1 November 7, 1995 TO: ALL PROSPECTIVE BIDDERS SUBJECT: BID NO. 1300-0/99-CW BID OPENING DATE: November 22, 1995 This Addendum is and does become a part of Bid No. 1300-0/99-CW entitled: Air Conditioning, Heating, Ventilation & Refrigeration (CTA). Please note the following change(s): Change Section 2.0, Paragraph 2.11.0 to read as follows: C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $100,000 combined single limit per occurrence for bodily injury and property damage. Under no circumstances are contractors permitted on the A.O.A side of the Aviation Department without increasing coverage to $1,000,000.00 ALL OTHER INFORMATION REMAINS THE SAME METROPOLITAN DADE COUNTY Jorge L. Silveira, CPPB Supervisor, GSA Procurement Management Division JLS/EM/rl 98- 550 r jMETRrADE BID NO: 1300-0/99-CW OPENING: 1:00 P.M. Wcclncsday DATE: Novcmber 22, 1995 METROPOLITAN DADE COUNTY, FLORIDA INVIT.ATI.0N TO BID TITLE AIR CONDITIONING, HEATING, VENTILATING AND REFRIGERATION (CONTRACTOR TYPE.ASSISTANCE) FOR VARIOUS DADE COUNTY DEPARTMENTS FOR A THREE (3) YEAR PERIOD 'THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: BID DEPOSIT AND PERFORMANCE BOND: CATALOGUE AND LISTS: EQUIPMENT LIST: INDEMNIFICATION/INSURANCE: PRE -BID CONFERENCE/HALE-THRU RACE -CONSCIOUSNESS MEASURE: SAMPLES/SNFORMATION SHEETS: SITE VISIT/AFFIDAVIT: SOURCE OF SUPPLY: TRADE CERTIFICATION: WRITTEN WARRANTY: N/A N/A N/A } SEE SECTION 2.0,-'PARA. 2.11 NIA NIA NIA NIA - N/A SEE SECTION 2.0, PARA. 2.14 N/A FOR INFORMATION CONTACT: EDWARD MASON, CPPB (305) 375-3900 METROPOLITAN DADE COUNTY GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION 98- 550 INSTRUCTIONS FOR MAILING A FORMAL BID IN RESPONSE TO A SOLICITATION . Each bid proposal returned to the Clerkof the Board must have the following information clearly marked on the face of the envelope: . ► Bidder's name & return address ► Opening date of the bid ► Bid number ► Title of the bid The Bidder shall submit each proposal, consisting of one original and three copies, and any required attachments in one envelope. The enclosed return envelope should be used whenever possible. If bids are submitted at the same time for different bid solicitations, each bid must be placed in separate envelopes and each envelope must contain the information previously stated. To receive a copy of the tabulation of bids, the -.Bidder must enclose a self-addressed, stamped, _ envelope when submitting their proposal. THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING THIS BID TO THE CLERK OF THE BOARD ON OR BEFORE THE STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. DADE COUNTY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY THE UNITED STATES MAIL DELIVERY OR CAUSED BY ANY OTHER OCCURRENCE. BIDS RECEIVED BY THE CLERK OF THE BOARD AFTER BIDS RAVE BEGUN TO BE OPENED WILL NOT BE OPENED AND WILL NOT BE CONSIDERED FOR AWARD. Bids must be submitted to the address listed below by the time specified to be considered for award. . CLERK OF THE BOARD STEPHEN P. CLARK CENTER 111 N.W. 1ST STREET SUITE 210 MIAMI, FLORIDA 33128 It is the policy of Metro -Dade County to comply with all requirements of the Americans with Disabilities Act. For sign language interpreter services or bids accessible in format (Braille, tape or large print call (305) 375-5289 five days in advance. For ADA complaints call (305) 3 75-3 566. 98- 550 SECTION 1 GI 'ERAL TERMS AND COi JITIONS 1.1 APPLICABILITY These General Terms and Conditions apply to all bids made to Metropolitan Dade County (hereinafter referred to as "County") by all prospective bidders (hereinafter referred to as "Bidders") in response to Invitation to Bids issued by the GSA Procurement Management Division. The word "Bid" is used in reference to any and all offers submitted in conjunction with this bid solicitation. 1.2 CONTENTS OF BID A. General Conditions (1) Bidders shall thoroughly read and examine all Bid documents. As Bid documents frequently change for each solicitation, Bidders should not assume that this solicitation contains the same terms and conditions that were contained in previous solicitations. (2) Bidders shall make all investigations necessary to thoroughly familiarize themselves with all the conditions affecting this bid solicitation. It is the sole responsibility of the Bidder to familiarize themselves with the bid requirements and no plea of ignorance by the Bidder of conditions that exist, or that may exist as a result of the failure to fulfill the requirements of the bid solicitation, will be accepted as a basis for varying the requirements of the County,. or the compensation to be paid to the successful Bidder who is awarded the contract. (3) Bidders are advised that all County contracts are subject to all legal requirements contained in the County's Administrative Order 3-2 and other applicable County Ordinances and/or State and Federal Statutes. Where conflicts exist between this bid solicitation and these legal documents, the higher authority shall prevail. B. Conflicts in the Bid Solicitation Where there appears to be a conflict between the General Terms and Conditions, the Special Terms and Conditions, and/or the Technical Specifications the order of precedence is the Technical Specifications, Special Terms and Conditions and then the General Terms and Conditions. 98- 550 Requests for additional information, explanations, clarifications or interpretations must be made in writing to the GSA Procurement Management -Division contact person, identified on the cover page of this bid solicitation, no later than seven (7) working days prior to the scheduled bid opening. Any request received after that time may not be considered. The request must contain the proposer's name, address, telephone number, and facsimile number, if transmitted by facsimile. Electronic facsimile will be accepted at (305) 375-5409. Facsimiles must have a cover sheet which includes at . a minimum, the proposet's name, address, - number of pages transmitted, telephone number and the ' sender's facsimile number. The County will issue responses to inquires and any other corrections or amendments it determines to be necessary by written addenda issued prior to the scheduled opening date. Bidders should not rely on any representations, statements, Dr explanations other than those made in the bid solicitation or in any addenda to this solicitation. Where there appears to be a conflict between this solicitation and any addenda issued, the last addendum issued will prevail. It is the Bidder's responsibility to assure receipt of all addenda. The Proposer should' verify with the contact person prior to submitting a Bid that all addenda have been received. Proposers are required to acknowledge the number of addenda received as part of this solicitation on the attached Addenda Acknowledgment Form. D. Prices Contained in Bid (I) Prompt Payment Terms a. Bidders may offer a cash discount for prompt payments, however, such discounts shall not be considered in determining the lowest priced Bidder for bid evaluation purposes. Bidders are encouraged to reflect ` cash discounts in payment terms. b. Bidders are required to provide their prompt payment terms in the space provided on the Bid Proposal signature page of this solicitation. If no prompt .payment discount is being offered the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a nercenta¢e it is hereby understood and agreed that the terms shall be 2% 20- days, effective after receipt of invoice or final acceptance by the County, whichever is later. (2) Current Prices Bids indicating prices in effect "at time of shipment" will be rejected, unless otherwise specified in the Special Terms and Conditions. 2 98- 550 (3). r* -^.ounts Offered During Term of Cor .t Prices offered in the Bid shall be fixed for a period of 120 days after award by the Board of County Commissioners, unless_ otherwise specified in the Special Terms and Conditions. Thereafter price discounts off the original prices quoted in the Bid Proposal will be accepted from successful Bidder(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from acceptance by the County. (4) Collusion The Bidder, by affixing a signature to their .Bid, certifies that its Bid is made without previous understanding, agreement or connection either with any person, firm or corporation making a Bid for the same items, or with the Dade County Procurement Division or initiating department. The Bidder certifies that its Bid is fair, without control, collusion, fraud or otherwise illegal action. The Bidder certifies that they are in compliance with Section 2-11.1, Conflict of Interest and Code of Ethics Ordinance, of the Dade County Code. The County will investigate all potential situations where collusion may have occurred and the County reserves the right to reject any and all bids where collusion may have occurred. 1.3 PREPARATION AND SUBMISSION OF BIDS -A.. Pre-aration/Submission (1) The Bid Proposal Form, which is part of the bid solicitation must be used when submitting a Proposal. Use of any other form will result in the rejection of the bid. (2) The Bidder must furnish any samples or other documents/information required by the bid solicitation. Failure to supply the required samples or documentation/information as required may result in the Bid being rejected. (;) The Bidder's authorized agent must sign the Bid Proposal Form in ink. Failure to sign as provided herein may result in the Bid being rejected. (4) Unit prices must be shown where required. Where there is a discrepancy between the unit prices and any extended prices the unit prices shall prevail. (5) Multiple Bids will only be accepted if submitted as separate bids, submitted in separate envelopes, which are not for the same product or service. All Bids must meet all requirements of the bid solicitation. Where multiple Bids are submitted for an identical product or service only the lowest price will be considered. (6) Proposed delivery time, if required, must be stated in calendar days. 3 98- 550 (7) lders shall not charge federal taxes n ;tste'of Florida sales, excise and use taxes in bid prices as the County is exempt from payment of all such taxes.,except. where the goods are for resale by the County. Such taxes shall be borne by the Bidder except where the County is purchasing the goods for resale. An exemption certificate will be provided where applicable upon request. (9) The Bid must be typed or printed in ink. Use of pencil or erasable ink will result in the Bid being rejected. AH corrections made by the Bidder must he initialed in ink by the authorized agent or the Bid may be r+e1tcted. (9) Telegraphic or facsimile bids will not be considered. (10) Once a Bid has been opened, the County will not consider any subsequent submissions which alter the Bid. B. Vendor Application Prospective Bidders should register with the GSA Procurement Management Division as this will ensure that they receive notice of solicitations when they are issued by the County. The successful Bidder(s) must register with GSA Procurement Management Division, as specified herein, prior to award. Failure to so register will result in they rejection of their Bid. Conducting business with the County requires a business entity to complete a registration application, available through GSA Procurement Management Division, and to pay an annual administrative fee. The following documents are required and included in the registration application form: I. Commodity Code listing 2. Certificate of Filing of Articles of Incorporation Every Florida based corporation is required to submit a copy of the single Certifications page that was signed and dated by the Florida Secretary of State -that shows receipt of the duly executed Articles of Incorporation. 3. Copy of current Business or Occupational License Most Dade County based businesses are require to purchase an Occupational License to conduct business within the County. Where no license exists the business entity must submit such a statement to that effect on their letterhead. 4. Executed Cuba Affidavit This affidavit requires business entities to attest to their business activities and investments in Cuba, and that they are in compliance with Dade County Resolution No. R-656-93, as adopted by the Board of County Commissioners on July 3, 1993. 5. Executed Florida Public Entity Crime Affidavit Florida Statutes, Sections 287.132-133, effective July 1, 1989 requires that business entities complete an affidavit with regard to the commission of public entity crimes. 6. Executed Vendor Disclosure of Ownership Form 4 98- 550 7.. D►-•q Free Workplace Affidavit 8. F4 .,Iy Leave Affidavit 9. W-9 Form It is the responsibility of the business entity to update its application concerning \, changes, such as; new address, telephone number, commodities, etc. This must be c, company letterhead and sent to the GSA Procurement Management Division, Vendor Assistance. Potential Bidders may contact the Office of Vendor Assistance at (305) 375-5289 for guidance in completing the registration application. in, ! l 'S M! D • 7 Pursuant to Ordinance No. 94-34, "Any individual who has been convicted of a felony during the' past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Accordingly, Criminal Record Affidavit forms are available upon request at GSA Procurement Management Division/Office of Vendor Assistance for those individuals or firms required to disclose this information. ' D. Minority and Disadvantages Business Enterprises The County endeavors to obtain the participation of all minority and disadvantaged business enterprise businesses. Contact the Office of Vendor Assistance for information. 1.4 MODIFICATIONS OR WITHDRAWAL OF BIDS A. ]Modification of Bids Bids may only be modified by submission of a modification as provided below prior to the time and date set for bid opening. Any modification submitted to the GSA Procurement Afanagementy Division must contain a new Bid Proposal Form and a letter on company letterhead, signed by an authorized agent of the Bidder, stating that this submittal supersedes the previous bid submittal. The envelope must contain the following information: (1) Bidder's Name & Address (2) Bid Number (3) Opening Date of Bid (4) Title of Bid (5) The following statement; "This is a modification to a previously submitted bid" (6) Date of Modification 5 98- 550 L--M'.'A R 1 • t• • : - Bids shall be irrevocable unless the Bid is withdrawn as provided herein. A Bid may be withdrawn only by written letter received by the contact person, prior to the Bid Opening Date or ninety (90) days after the opening of the Bid. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. 1.5 EVALUATION OF BIDS The County may reject a Bid Proposal for any of the following reasons: (1) Bidder fails to acknowledge receipt of addenda (2) Bidder misstates or conceals any material fact in the Bid Proposal (3) Bid does non conform to the requirements of the Bid (4) Bid requires a conditional award that conflicts with the method of award (5) Bid does not include required samples, certificates, licenses as required (6) Bid was not executed by the Bidder's authorized agent on the Bid Proposal Form 2- The foregoing are not the exclusive reasons for which a Bid may be rejected. The County may reject and re -advertise for all or any part of the Bid Solicitation whenever it is deemed in the best interest of the County. B. Elimination From Consideration (1) A comract shall not be awarded to, any person or firm which is in arrears to Dade County upon any debt or contract or which is a defaulter as surety or otherwise upon any obligation to the County. (2) ` A. contract may not be awarded to, any person or firm which has failed to perform any previous contract with the County. (3) A contract may not be awarded to, any person or firm which has been debarred by the County in accordance with the County's Debarement Ordinance. C. Waiver of Informalities The County reserves the right to waive any minor informalities or irregularities in any or all bids. 6 98- 550 � �Jyll • t • l • • 11 '.Z '1l�'!1 (1) Bids will only be considered from firms who am regularly engaged in the business of providing the goods and/or services required by the Bid. Bidder's must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to insure that they can satisfactorily provide the goods/services if awarded the contract.. 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 industry practices in the industry as determined by the County. (2) The County may conduct a pre -award site inspection or hold a .pre -award qualification hearing to determine if the bidder is capable of performing the contract if awarded. (3) The County may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the County or any other governmental entity in making the award. (4) The County may require the Bidder(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier ' which is the actual source -of supply, if required by the Bid. 1.6 `AWARD OF CONTRACT A. The Bid Solicitation, any addenda issued and the purchase order, if issued, constitute the entire contract, unless modified in accordance with the contract. B. Tie Bids will be decided by the Director of Procurement or designee. C. The award of this Bid may be preconditioned on the subsequent submission of other documents as specified- in the Special Conditions or Technical Specification. The Bidder shall be in -default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the County. Where the Bidder is in default of these contractual requirements, the County, through action taken by the Procurement Management Division, will void its acceptance of the Bidder's Proposal and may accept the Bid from the next lowest responsive, responsible Bidder or re -solicit the County's requirements. The County at its sole discretion may seek monetary restitution from the Bidder and its bid bond or guaranty, if applicable, as a result of damages or increased costs sustained. as a result of the Bidder's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder. These documents may either be the contract, a purchase order, notice of award or an award sheet. 98- 550 E. The Cot reserves the right to automatically tend* this contract for up to ninety (90) calendar days beyond the stated contract term in order to provide County departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If the right is exercised, the County shall notify the Bidder, in writing, of its intent to extend the contract for a specific number of days, not to exceed ninety (90) days, prior to the expiration of the contract term. F. When the contract involves a single shipment of goods to the County the contract term shall conclude upon completion of the expressed or implied warranty periods. 1.7 RIGHTS OF APPEAL Any Bidder may protest any recommendation for contract award in accordance with the procedures contained in Dade County Ordinances 94-26, 94-72 and Section 2-8.4 of the Dade County Code. 1.8 CONTRACTUAL OBLIGATIONS A. Rules Regulations. Licensing Requirements The Bidder shall comply with all laws and regulations applicable to the goods or services - contemplated herein. Bidders are presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the goods or services offered, especially Executive order 11246 entitled "Equal Employment Opportunity" and as amended by Executive order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders and laws relating to people with disabilities. B. Conditions of Material and Packaging (1) AA goods. furnished must be new, unless specified in the Special Conditions or Technical Specifications, and free from defects. All containers shall be suitable for shipment and/or storage. The bid price shall include standard commercial packaging unless otherwise specified in the Special Conditions or Technical Specifications. (2) All goods furnished shall be fully guaranteed by the Bidder against factory defects and shall be fit for the purpose intended under this contract. Any defects which may occur within the period of the manufacturer's standard warranty or the failure of the product to be fit for the purposes intended shall be corrected by the Bidder at no expense to the County. The standard manufacturer's warranty may be superseded by the Special Conditions or Technical Specifications. 8 98- 550 C. ant' -t = The Bidder shall not subcontract any portion of the work without the written prior consent of the County. The ability to subcontract may be further limited by the Special Conditions or Technical Specifications. D. Assig ment The Bidder shall not assign, transfer, sublet or otherwise dispose of the contract. including any rights, title or interest therein, or their power to execute such contract to any person, company, or corporation without the prior -written consent of the County. E. Deliv Prices quoted and deliveries are to be FOB Destination, freight included, unless otherwise specified in the Special Conditions. Deliveries are to be made during County business hours unless otherwise specified in the Special Conditions. F. Title Title to the goods shall not pass to the County until after the County has accepted the goods or utilized the goods, whichever comes first. y " 1.9 MODIFICATION OF THE CONTRACT The contract may be modified from time to time in writing thought the issuance of a change order or modification to the contract, purchase order or award sheet as appropriate. 1.10 TERMINATION FOR CONVENIENCE The County at its sole discretion may terminate this contract, without cause, by providing the Bidder(s) with thirty (30) days advance notice. Upon. the receipt of such notice the Bidder shall not incur any additional costs under this contract. The County shall be liable only for reasonable costs incurred by the Bidder(s), as determined by the County, regardless of the method of payment required by the contract, as the result of such termination. 1.11 TERMINATION FOR DEFAULT The County may terminate this contract upon the failure of the Bidder to comply with the provisions and requirements of the contract. The County's decision not to take action upon a failure of the Bidder to perform shall not be construed as a waiver of the ability of the County to take action at a later date and time. The date of termination shall be stated in a written notice to the Bidder. 98- 550 in the event Bidder is terminated for default, K County reserves the right to re -procure the goods or services from the next lowest responsive/responsible bidder or re -solicit the contract. The County may charge the Bidder any differences in cost between the Bidder's price and the reawarded price and the costs associated with reawarding or re -soliciting this contract. 10 9 8 - WO METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW SECTION 2.0 SPECIAL CONDITIONS AIR CONDITIONING, HEATING, VENTILATING, AND REFRIGERATION (CTA) 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY The purpose of this Invitation To Bid is .to pre -qualify potential bidders for future bidding for the purchase of Air Conditioning, Heating, Ventilating and Refrigeration Contractor Type Assistance. Bidders shall be placed on a pre -qualification list that may be accessed by departments in order to obtain price quotations. 2.2 Intentionally_Omitted 2.3 2.4 2.5 2.6 Intentionally Omitted TERM OF CONTRACT: FIXED PERIOD This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's GSA Procurement Management Division; and contingent upon the completion and submittal of all required bid documents. The contract shall remain in effect for thirty-six (36) months and upon completion of the expressed and/or implied warranty periods. Intentionally Omitted METHOD OF AWARD: BASED ON HOURLY LABOR RATE FOR EACH INDIVIDUAL GROUP A. F al 3ased on Hourly Labi Thru Four and Eiaht Award of this contract for group one, two, three, four and eight will be made to the four (_4)___lowest responsive, responsibTe Bidder(s) for each individual group who ofifers the lowest regular hourly labor rates when all job classifications are added in the aggregate for each individual group exclusive of the items number 1, 2 and 3 listed for percentage (%) markup under "Note:" following Group Number Eleven (11). If bidder fails to offer hourly labor rates for all the job classifications within a group, its bid shall be rejected for that group. If a bidder fails to offer prices for Items No. 1, 2 and 3 under "Note:" following Group No. Eleven (11) its bid shall be rejected for all groups. B. Three (3) Pre -Qualified Bidders Based on Hourly Labor Rate_ For Each Individual Group for Groups Five Thru Seven and Nine thru Award of this contract for groups five thru seven and nine thru eleven will be made to the three (3) lowest responsive, responsible Bidder(s) for each individual group who offers the a - Page 1 9 CJ 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW lowest regular hourly labor rates when all job classifications are added in the aggregate for each individual group exclusive of the items number 1, 2 and 3 listed for percentage (%) markup under "Note:" following Group Number Eleven (11). If bidder fails to offer hourly labor rates for all the job classifications within a group, its bid shall be rejected for that group. If a bidder fails to offer prices for Items No. 1, 2 and 3 under "Note:" following Group Number Eleven (11) its bid shall be rejected for all groups. C. Number of Awardees The County reserves the right to increase or decrease the number of awarded bidders for each group based on the need of the using departments. These awarded bidders shall be pre -qualified to participate in periodic projects quotes that are'identified by the County on an as needed basis. D. Projects With Written Specifications (Scope of Work) 1. Projects under $1,500.00 with/without parts When such projects are identified the awarded bidders shall be invited to quote by phone or fax. 2. Projects of $1,500.00 or more When such projects are identified, the awarded bidders shall be invited to review the written specifications (scope of work) regarding the work to be accomplished, inspect the work area and offer a written itemized price based on the quoted hourly labor rate for each job classification including the Mark -Up for parts, materials, equipment rental, subcontractors and time for completion. Lump sum estimates shall not be accepted by the department. The Bidder offering the lowest fixed price shall be awarded the specific work assignment. The County reserves the right to award the project to the lowest bidder based on the written price or to reject all quotes based on price and obtain the required services from another source. The award of a specific work assignment to one Bidder does not preclude the ability of the remaining pre -qualified Bidders from submitting offers for other work assignments. All awarded Bidder shall be notified of the specific time, date and location to review specifications and inspection of the project site, prior to the submittal of the project quote. Bidders that fail to attend this meeting within fifteen (15) minutes of the scheduled starting time, shall not be permitted to participate in the quoting of the project. Sealed quotes shall be submitted with a specific opening date and time as specified by using department. 98- 550 Paqe 2 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW E. Projects Without Written Specifications (Scope of Work) When written specifications (Scope of Work) are not available, awardees for the affected group shall be called on a rotating basis by the department for such projects. 2.7 PRICES SHALL BE FIXED WITH ADJUSTMENTS ALLOWED If the Bidder. is awarded a contract under this bid solicitation, the prices proposed by the Bidder shall remain fixed for the term of the contract. Notwithstanding, this fixed price shall be adjusted upward or downward based on the following: Groups One Thru Seven: Ordinance 90-143 (Responsible Wages & Benefits) In the event labor rates pertaining to Ordinance 90-143, "Responsible Wages and Benefits" are either increased or decreased during the term of this contract, the awardees to the contract shall be required to submit a new Bid Proposal Section 4.0 to GSA, Procurement Management with adjustment prices (optional). Group Eight Thru Eleven: Davis -Bacon Act (Federal Funds Utilized) If the Bidder is awarded a contract under this bid solicitation, the prices proposed by the Bidder shall remain fixed for the term of the contract. Notwithstanding, this fixed price shall be adjusted upward or downward based on the United States Department of Labor current wage rates enforce at the time of the project quote. The Using Department shall notify all awardees of the wage rate to be used in calculating hourly dollar amounts to be charged the County in all nroiects quoted. The following hourly wage rates shall be utilized for evaluating the Bid Proposal hourly labor rates submitted to Dade County for Groups Eight thru Eleven. 1. Foreman $16.00 per hour 2. Journeyman $14.00 per hour 3. Helper $10.00 per hour 2.8 EXAMINATION OF SITE, DRAWING AND SPECIFICATIONS All necessary Plans and/or. Specifications for each specific project will be provided to the successful bidder(s) at the time of notification (if applicable). The successful bidder(s) are required to examine carefully the Drawings and Specifications to inform themselves thoroughly regarding any conditions and requirements that may in any way affect the work to be performed. Page 3 9 8- 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW 2.9 Intentionally Omitted 2.10 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS Upon failure to complete the project in accordance with the specifications and to the satisfaction of the County within the time stated, the bidder shall be subject to charges for liquidated damages in the amount of $50.00 for each and every' calendar day the.work remains incomplete. As compensation due the County for loss of use and for additional costs incurred by the County due to such noncompletion of the work, the County. shall have the right to deduct the said liquidated damages from any amount due or that may become due to the bidder under this agreement or to invoice the bidder for such damages if the costs incurred exceed the amount due to the bidder. 2.11 INDEMNIFICATION AND INSURANCE - (6) - CONSTRUCTION RELATED CONTRACTS The successful bidder/vendor shall indemnify and save the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of the Agreement. The vendor shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. The vendor shall furnish to Edward Mason, CPPB, c/o Procurement Management Division, 111 N.W. 1st Street, Suite 2350, Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Workmen's Compensation Insurance for all employees of the vendor asrequired by Florida Statute 440. B. Public Liability on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Policy shall be endorsed to include Broad Form Property Damage. DADE COUNTY MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $100,000 combined single limit per occurrence for.bodily injury and property damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: .4- 98- 550 Paqe 4 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW The company must be rated no less than 118" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. CERTIFICATES WILL INDICATE NO MODIFICATION OR CHANGE IN INSURANCE SHALL_ BE MADE WITHOUT THIRTY (30) DAYS WRITTEN ADVANCE NOTICE TO THE TITLE OF BID MUST APPEAR ON EACH z" Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this Agreement. Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board -of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation To Bid, the Bidder shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Bidder fails to submit the required insurance documents in the manner prescribed in this Invitation To Bid within twenty (20) calendar days after Board of County Commission approval, the Bidder shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future Proposal to the County in accordance with Section 1.0, Para 1.6 of the General Terms and Conditions. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section 2.5 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new, or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the�e� Page 5 98- METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW prescribed in the Invitation To Bid; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement charges from the Bidder in conjunction with Section 1.0, Para 1.11 of the General Terms and Conditions. 2.12 Intentionally Omitted 2.13 Intentionally Omitted 2.14 CERTIFICATE OF COMPETENCY In accordance with the Code of Metropolitan Dade County, Florida, Section 10=3 (8), any person, firm, corporation or joint venture who shall bid or proffer a bid shall, at the time of such bid or proffer of bid, hold a valid Certificate of Competency or License for General Mechanical (with Qualifying General Mechanical Master), Refrigeration and Air Conditioning Contractor, Air Conditioning Contractor, Air Conditioning Contractor (Unlimited) (Limited) or State of Florida Class A, or B Air Conditioning issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If work for other trades .is required in conjunction with repair projects and will be performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder's quote. NOTE: AIR CONDITIONING CONTRACTOR . (LIMITED) IS QUALIFIED FOR GROUP ONE (1) AND EIGHT (8) ONLY. STATE OF FLORIDA CLASS "B" LICENSE IS LIMITED TO GROUPS ONE (1), TWO (2), FIVE (5), EIGHT (8) AND NINE (9). 2.15 METHOD OF PAYMENT: PERIODIC PAYMENTS FOR SERVICE RENDERED The County, shall provide periodic payments for services rendered by the successful bidder. In order for the County to provide payment, the bidder shall submit a fully documented invoice which identifies the appropriate purchase order number, the service location, and itemizes the services provided to the County using department(s). The invoice shall be submitted to the County department within thirty (30) calendar days after the service have been rendered. It shall be understood that such invoices shall not be submitted for payment until such time as the service has been completed and a County representative has reviewed and approved the service. All bidders supplying contractor -type -assistance to Metro -Dade County are required to furnish the following information on their prenumbered imprinted business invoices and/or daily job tickets for the personnel supplied or performing service. A. Purchase Order Number. B. Project Number. C. Location. 9 8- 5 5 0 Page 6 METROPOLITAN DADE COUNTY D. Full Name of Individual. E. Social Security Number. F. Job Classification. G. Date. H. Number of hours worked by date. I. Material Furnished. J. County Acceptance/Authorized Signature. BID NO. 1300-0/99-CW K. Any additional materials necessary for the' completion of a Metro -Dade Project, whereas not contracted for must be on a cost + percentage basis. Documentation which displays actual percentage cost must accompany invoice in order to process. 2.16 Intentionally Omitted 2.17 COMPLETION OF WORK FROM DATE OF NOTICE TO PROCEED The completion date shall be submitted by the bidder in the cost estimate required for each Project and mutually scheduled by the successful bidder(s) and Project Manager or his/her designee on a per job basis. In cases where the completion of work will be delayed due to acts of God, strikes, or other causes beyond the control of the bidder, the successful bidder(s) shall notify the County of the delays in advance of the completion date so that a revised completion date can be negotiated. Should the bidder(s) to whom the contract(s) is awarded fail to complete the work within the number of days as as stipulated in its cost estimate it is hereby agreed and understood that the County reserves the authority to cancel the contract with the lowest bidder and to secure the services from the secondary pre -qualified bidder based on the cost estimates to complete the work. If the County exercises this authority, the County shall be responsible for reimbursing the lowest bidder for work which was completed and found acceptable to the County in accordance with the bid specifications. In addition, the County may, at its option, request payment from the lowest bidder, through an invoice -or credit memo, for any additional costs over and beyond the original bid price which were incurred by the County as a result of having to secure the services of the secondary pre -qualified bidder. If the lowest bidder fails to honor this invoice or credit memo, the County may suspend the bidder from submitting bid proposals on County contracts for a minimum period of six (6) months. 2.18 Intentionally Omitted 3 - Paae 7 9s- 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW 2.19 WARRANTY REQUIREMENTS A. Type of Warranty Coverage Required The Bidder hereby acknowledges and agrees that all materials supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its product and/or service against faulty labor and/or defective material as follows: 1. For installation of new components/parts, warranty shall be one (1) year. 2. For repair of equipment labor warranty shall be ninety (90) days. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the County, within ten (10) calendar days after the County notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the County may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a County bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within five (5) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the County may (a) place the bidder in default of its contract, and/or (b) procure the products and/or services from another vendor and charge the bidder for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. 2.20 CONTACT PERSON For any additional information regarding the specifications and requirements of this contract, Contact: Edward Mason at (305) 375-3900. 2.21 LOCAL PREFERENCE: GROUPS ONE THRU'SEVEN ONLY The award of this contract for Groups one, two, three and four are subject to Ordinance No. 94-166 amending the code of Metropolitan Dade County, Florida effective September 23, 1994 which, except where federal or state law mandates to the contrary, allows preference to be given to a local business in the amount of one and one-half percent (1.5%) of the bid proposal price. In the case of tie bids involving local businesses, preference will be given to the local business having the greatest percentage of its employees that are Dade County racidents_ Page 8 9 8- 550 METROPOLITAN DADE COUNTY For the purposes business" means the or has a place of produce the goods o BID NO. 1300-0/99-CW of the applicability of this ordinance, "local vendor has its headquarters located in Dade County business located in Dade County at which it will r perform the services to be purchased. 2.22 QUARTERLY REPORTING, WHEN SUB -CONTRACTORS ARE UTILIZED Bidders are advised that when sub -contractors are utilized to fulfill the terms and conditions of this contract, Metropolitan Dade County Resolution No. 1634-93 will apply to this contract. This resolution requires the successful contractor(s) to file quarterly reports as to the amount of contract monies received from the county and the amounts thereof that have been paid by the contractor directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. - Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. 2.23 Intentionally Omitted 2.24 ACCIDENT PREVENTION AND REGULATIONS Precautions shall be exercised at all times for the protection of persons and property. All Contractors and Sub -Contractors shall conform to all OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. ACCIDENT PREVENTION AND REGULATIONS AT THE SEAPORT DEPARTMENT All operations at the County's Seaport Department are under the direct control of Seaport Department personnel. Interference with vessels and vehicular traffic must be kept to a minimum. Ship berthing areas and roadways shall not be closed or opened by or for the Bidder unless express permission is given to the Bidder -by the Seaport Engineer. The Bidder shall plan the scheduling of its work in collaboration with the Engineer in order to insure safety for and, minimum hindrance to, port operations. All equipment shall be withdrawn from work areas at the end of the work day in order to eliminate immediate or potential hazard to traffic and facilities. Materials stored at the Seaport by the Bidder shall be serviced in a manner that minimizes any obstruction to water and ground traffic. All equipment and stored materials shall be marked by barriers with flashing lights at no additional cost to the County. The Bidder shall exercise careful control during all phases of the work to prevent damage to Seaport utilities; including, but not limited to, overhead lights and buried cables. Before commencing work in any given area, the Bidder, working Page 9 98- 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW in conjunction with the Engineer and the Dade County Seaport Department Maintenance Staff, shall endeavor to locate any possible utility conflicts. Should the Bidder damage any Seaport utility through negligence, it shall promptly repair the damage at its own expense. ACCIDENT PREVENTION AND REGULATIONS AT THE AVIATION DEPARTMENT This section applies to work being performed at all County Owned Airports. All operations at the Dade County Aviation Department (DCAD) are under the direct control of Aviation Department personnel. Interference with aircraft and vehicular traffic must be kept to a minimum. Aircraft operating areas and roadways shall not be closed or opened by or for the Bidder unless express permission is given to the Bidder by the DCAD Operations. The Bidder shall plan the scheduling of its work in collaboration with DCAD Engineering in order to insure safety for and, minimum hindrance to, port operations. All equipment shall be withdrawn from work areas at the end of the work day in order to eliminate immediate or potential hazard to traffic and facilities. Materials stored at the airport by the Bidder shall be serviced in a manner that minimizes any obstruction to ground traffic. All equipment and stored materials shall be marked - by barriers with flashing lights at no additional cost to the County.' The Bidder shall exercise careful control during all phases of the. work to prevent damage to airport utilities; including, but not limited to, overhead lights and buried cables. Before commencing work in any given area, the Bidder, working in conjunction with the DCAD Engineering and DCAD Maintenance Staff, shall endeavor to locate any possible utility conflicts. Should the Bidder damage any airport utility through negligence, it shall promptly repair the damage at its own expense. All storage on site shall be coordinated with DCAD Engineering and DCAD Operations Divisions. AIRFIELD OPERATIONS AREA SECURITY a) All employees of the Bidder or Sub -Contractors who must work within the Airfield Operation Area (AOA) shall be supplied with DCAD identification badges which must be worn at all times while within the ADA. Badges shall be worn on outer garments so as tc be clearly visible in order to distinguish, on sight, employees assigned to a particular contract. Badges shall be identified numerically and issued individually. Bidder shall make himself familiar with all the latest requirements dictated under FAR 107.14. Strict adherence to the requirements is mandatory. When performing work at the County's Aviation Departments, the successful Bidder, shall first secure a Contractor's picture identification badge for each Foreman representing the company who will be responsible for and be present at all times while the work is in progress. All other employees shall secure a Temporary Contractor's badge through the successful Bidder from Dade County Aviation Department (DCAD) Landside Operations. These badges shall Page 10 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW be worn at all times while working on the Aircraft Operating Area (ADA). b) Contractor Ramp permits will be issued to the Bidder, if necessary, authorizing vehicle entrance to the ADA through specified Dade County Aviation Department guard gates for the term of any Project. These permits will be issued only for those vehicles (including vehicles belonging to the Sub -Contractor) which must remain on the site during the performance of.the work. Vehicles delivering materials to the site will be given temporary passes at the appropriate guard gate. These passes shall .be surrendered upon leaving the ADA. All vehicles shall be permanently marked to ensure positive identification at all times, while in the ADA. The successful Bidder's vehicles shall be marked with a permanent Company name on both sides. An escort shall be provided by airside Operations at the Southeast Gate to escort the Contractor to the job site. Upon completion of the work day the Bidder shall call the maintenance office, 876-7311, to arrange for an escort out of the Aircraft Operation Area. The Bidder shall adhere to all other airport regulations that apply to his work. Any violations of this section by the Bidder shall result in the possible cancellation of their bid. c) AOA - Right to Search: It is understood that the Aviation Department has a strong interest in maintaining good airport security and intends to implement increased security measures for companies having access to the Air Operations Area ("AOA") of the Airport. The Bidder agrees that its vehicles, cargo, goods and other personal property are subject to being searched when attempting to enter, leave or while on the ADA. The Bidder further agrees, when required by the Department, that it shall not authorize any employee requiring regular access to the ADA as part of his/her regular duties, to enter the AOA unless and until such employee has executed a written consent to search form acceptable to the Department. Persons not executing such consent to search form shall not be employed by the Bidder pursuant to this contract. It is further agreed that the Department has the right to prohibit an individual, agent or employee of the Bidder from entering the AOA, based upon facts which would lead a person of reasonable prudence to believe that such individual might be inclined to engage in theft, cargo tempering, aircraft sabotage or other unlawful activities. Any person denied access to the AOA or whose •prior authorization has been revoked or suspended on such grounds shall be entitled to a review hearing before a designated representative of the Department within a reasonable time. Prior to such hearing, the person denied access to the AOA shall be advised, in writing, of the reasons for such denial. The Bidder acknowledges and understands that these provisions are for the protection for all users of the AOA and are intended to reduce the incidence of thefts, cargo tampering, aircraft sabotage and other unlawful activities. Page 11 9 8- 550 METROPOLITAN DADE COUNTY SAFETY BID NO. 1300-0/99-CW a) The Bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding Industrial Safety under Section 440.56 Safety Rules - Workman's Compensation Laws and with United States Code of Federal Regulations, Title 29, Part 1926 (OSHA), as applicable, and other national consensus standards of safety pertaining to particular trades. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the Bidder responsible for same. Barricades shall be provided by the Bidder when work is performed in areas traversed by persons, or when deemed necessary by the County Project Manager. b) The Bidder shall not endanger, by cutting, digging, loading or otherwise, the structural integrity or overall safety of any structure, installation, facility, work in progress, or work completed. c) Material stored upon the site or along the route of the work shall be so placed and the work shall be so conducted as to. cause no greater obstruction to traffic than is considered necessary by the Project Manager. d) The Bidder shall mark all and white flags whenever airfield, aircraft apron Equipment employed on the areas at the close of the in any location where it Equipment shall be marked Order. equipment with three-foot square orange such equipment is operating on the or in proximity to flight zones. airfield shall be withdrawn from work workday. Equipment shall not be parked will constitute a hazard to aircraft. and lighted as required by the Work e) The Bidder shall furnish and erect signs, barricades, lights, flags and other protective devices as may be required, to protect pedestrian and vehicular traffic and the work. All such signs, barricades, lights, flags and other devices shall be subject to the approval of the Project Manager. f) The Bidder shall furnish watchmen and flagmen in sufficient numbers to protect and divert vehicular and pedestrian traffic from work areas closed to traffic, or to protect any new work. Such watchmen and flagmen shall be furnished on a 24-hour basis when conditions and/or airport operations require. g) The Bidder shall not interfere with airport operations or with aircraft, vehicular or pedestrian traffic, except as may be provided for in the Work Order and the Contract Documents. h) Upon issuance of a Work Order the Bidder shall prepare a Safety Plan if required, for approval by the Project Manager and other personnel. The Bidder shall be responsible for safety within the limits of his work. pace 12 9 8- 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW i) The Bidder shall be governed by the provisions of Chapter 14, Dade County Fire Prevention and Safety Code and shall take all necessary Precautions to guard against and eliminate all possible fire hazards and prevent injury to persons of fire hazards and prevent injury to persons or fire damage to any construction, building materials, equipment, temporary field offices, storage sheds, and all other property, both public and private, particularly when gas or arc welding and.cutting- is taking place. Open flames including the use of flambeaux are strictly prohibited_ j) The Bidder is hereby forewarned of a potential hazard peculiar to the working conditions on airport property: the presence of hydrocarbon gas and its fumes in, on, or about the ground water table when exposed by open trench or pit excavation. The Bidder shall not perform any open -flame operations (such as torch -cutting, or electric welding, etc.) in or about any.open excavation without first having received approval of the Airport Fire Division, which shall have the authority to require the Bidder to provide on a standby basis, such fire extinguishing apparatus and' personnel as it deems appropriate.The Fire Division �- shall have the authority to direct the Bidder to cease such operations and take whatever remedial actions are deemed appropriate and necessary, when, in its representative's opinion, continuing the work would jeopardize airport property, facilities, equipment and/or personnel. k) Except as specified in this section, the Bidder shall not use explosives on the site, nor allow explosives of any type or nature to be brought upon the site of the construction, without the express written approval of the Project Manager. Any authorized use of explosives shall be governed by the provisions of Chapter 13, Code of Metropolitan Dade County, and other governing agencies in their use and storage. 1) Air Pollution: 1. The Bidder shall use emission control devices on gasoline or diesel construction equipment and prohibit idling and unnecessary operation of equipment to prevent and control air pollution in accordance with criteria issued by the Environmental Protection Agency. 2. Dust Control: The Bidder shall maintain work and access areas free from dust. Use covered loaded truck, sprinkled chloride, water or light bitumen application on dust generating surfaces. Have sufficient equipment on site to accomplish dust control as work proceeds. a) Control clearing, grubbing and demolition work to minimize dust. b) Mitigate emission pollution by traffic control measures in coordination with local traffic jurisdictions. 98- 550 Paae 13 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW 3. Asbestos Abatement: Where asbestos material is being disturbed or where asbestos removal is required, the Bidder shall take precautions in accordance with Federal, State .and country Regulations. 4. Spillages: The Bidder shall store petroleum and by-products used during construction in a safe place and avoid spillages. Collect and dispose of spilled material to prevent dispersion immediately. If a spill occurs, Contractor is to contact the Project Manager immediately for instructions. m) Noise Control: 1. The Bidder shall minimize noise caused by work operations, and provide machinery and equipment fitted with efficient noise -suppression devices for protection of employees and public. Schedule working hours and operations to minimize disturbance in vicinity of work. For work during other than daytime hours, prior approval of the Project Manager will be required. 2. The Bidder shall monitor noise levels of work operations to assure the least disturbance to tenants and the public. 3. The Bidder shall utilized noise abatement measures such as shield, impervious fence, and sound barriers to inhibit noise transmission. EXISTING UTILITIES AND STRUCTURES a) All known utilities and other existing structures, etc. (including those underground), will be shown on the plans issued with Work Orders, but no guarantee is implied that the information is accurate. It shall be the responsibility of the Bidder to verify the location of all such utilities, structures, etc., by hand excavation or other appropriate measures before performing any work that could result in damage to such utilities or structures. The Bidder shall, in conjunction with the Project Manager, make a thorough search of the site for underground utilities, structures, etc., before work is commenced in any particular location. Refer to the attached underground utilities verification form. To this end the Bidder shall provide when necessary, an electronic device capable of locating underground utilities, etc. b) In the event of damage to, or accidental disruption of utilities or other facilities as a result of the operations of the Bidder, the Bidder shall take immediate steps to repair or replace all damage and to restore all services. Further, the Bidder shall engage any additional outside services which may be necessary to prosecute repairs on a con tinuous"around-the-clock" basis until services are restored. The Bidder shall also provide and operate any supplemental temporary services to maintain uninterrupted use of the Page 14 9 8_ 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW 2.40 LOCAL OFFICE SHALL BE AVAILABLE The Bidder shall maintain an office within the geographic boundaries of Dade or Broward Counties, Florida. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. 2.41 MINIMUM THE DAVIS BACON ACT (F Since this bid solicitation is made in conjunction with federal funding, the wage rate paid to all classifications of employees of the bidder for the work under this solicitation shall not be less than the prevailing wage rates for similar classifications of work in Dade County, Florida, as established in the Federal Area Wage Decision by the United States Department of Labor. Additionally, all federal regulations and statutes adopted by the U.S. Department of Labor as a result of the Davis Bacon Act shall prevail during the term of this contract. The successful bidders shall comply with the regulations of the Davis Bacon Act, pay wages in accordance with the act, submit to the County certified copies of their payroll whenever requested, allow the County to perform interviews to their work force and allow the County to inspect their payrolls as it may deem necessary. The above agreement shall be used only when federal funds are utilized for specific projects not exceeding $50,000 each. 2.42 NON-EXCLUSIVE CONTRACT Although the purpose of this Solicitation is to secure a contract that can satisfy the total needs of the County or of a specific County agency, it is hereby agreed and understood that this Solicitation does not constitute the exclusive rights of the successful Bidder(s) to receive all orders that may be generated by the County in conjunction with this Solicitation. In addition, any and all commodities, equipment, and services required by the County in conjunction with construction projects are solicited under a distinctly different bid process and shall not be purchased under the terms, conditions and awards rendered under this Solicitation, unless such purchases are determined to be in the best interest of the County. 2.43 NOTIFICATION TO BEGIN WORK MAY BE GIVEN THROUGH A WORK ORDER The Bidder shall neither commence any work nor enter a County work premise until a Work Order or using department approval directing the Bidder to proceed with various items of work has been received from any authorized County representative; provided however, that such notification shall be superseded by any emergency work that may be specified in the Special or Technical Specifications. 98- 550 Page 19 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW 2.44 OMISSION FROM THE SPECIFICATIONS The apparent silence of this specification and any addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement. 2.45 ORDINANCE 90-143 WILL APPLY FOR GROUPS ONE THROUGH SEVEN Bidders are advised that Metropolitan Dade County Ordinance 90-143 will apply- to this contract and that the requirements of this ordinance are spelled out in the Supplemental General Condition Section of the bid documents. 2.46 OVERTIME The County shall allow overtime payment at a maximum rate of one and a half times the regular hourly wages quoted by the bidder in its Bid Proposal Form. This allowance shall only be provided in. those instances where expressly authorized by a representative of the County prior to the commencement of the overtime work. Further, overtime work shall not be allowed during the normal work day. 2.47 PROTECTION OF PROPERTY All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be protected against damage or interrupted services at all times by the bidder during the term of this contract; and the bidder shall be held responsible for repairing or replacing property to the satisfaction of the County which is damaged by reason of the bidder's operation -on the property. 2.48 RELEASE OF CLAIM REQUIRED Pursuant to Florida Statute 255.05 and Metropolitan Dade County Code Section 10-35, all payments to the bidder's subcontractors shall be made within ten (10) days of receipt of the draw by the bidder. With the exception of the first draw, the bidder must pay all of its subcon- tractors and suppliers who have performed any work or supplied any materials for the project within ten (10) days after receipt of the draw by the bidder for monies due- it as a result of a percentage of the work completed. The bidder must provide the County's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous draws. In the event such affidavits cannot be furnished, the bidder may submit an executed consent of surety to requisition payment; identifying the subcontractors and suppliers with the amounts for which the statement Page 20 9 8- 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW of satisfaction cannot be furnished. If the bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished. 2.49 SALES TAX Dade County is exempt from all State, Federal and Local Sales Tax. Not withstanding, bidders should be aware of the fact that any materials and/or supplies which are purchased by the bidder, in conjunction with this Contract, may be subject to Sales Tax; in accordance with Section 212.08 Florida Statutes amended 1970 and all amendments, thereto and such taxes shall be borne solely by the bidder. 2.50 SUBCONTRACTING FOR OTHER TRADES The successful bidder(s) are allowed to subcontract only for TRADES OTHER THAN HVAC; subcontracting of HVAC shall not be allowed. The company name, contact person and a copy of the Certificate of Competency shall be submitted to -the Project Manager or his/her designee at the point and time when a work order is issued. The sub -contractors are the responsibility of the successful bidders and not of Dade County. All subcontractors performing work for the Contractor shall be duly licensed prior to commencement of work. 2.51 SUPERVISOR SHALL BE SUPPLIED BY THE BIDDER The successful Bidder shall employ a competent supervisor, at no additional cost to the County, who shall be in charge of each project (except emergencies) and monitor the quality of the work and performance of Bidder personnel during the progress of the project. The supervisor shall be the primary representative for the Bidder and all communications given to and all decisions made by the supervisor shall be binding to the Bidder. Notwithstanding, the supervisor shall be considered to be, at all times, an employee of the Bidder under its sole direction and not an employee or agent of Dade County. Supervisor shall be capable of reading and thoroughly understanding plans, technical specifications and other contract documents and shall be fluent in the English language. _ 2.52 TOXIC SUBSTANCES/Federal "Right to Know" Regulations: The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) and the Florida "Right -to -Know" Law requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace. Page 21 9 8- 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW Accordingly, The successful Bidder(s) shall be required to provide two 2) complete sets of Material Safety Data Sheets to each User Department utilizing the awarded products. This information should be provided at the time when the initial delivery is made, on a department by department basis. The successful Bidder(s) shall be given five (5) additional calendar days to submit all documentation. Failure to meet this requirement may result in the contract being terminated for default. Additionally, Bidder(s) may be requested to provide Material Safety Data Sheets -to the Specification Specialist during the evaluation period. Bidders should contact the Florida Department of Labor and Employment Security at the address listed below for any related information packets: Toxic Substances Information Center 2551 Executive Center Circle West Tallahassee, Florida 32301-5014 Telephone: 1-800-367-4378 2.53 WORK ACCEPTANCE This project will be inspected by an authorized representative of the County. This inspection shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions. 2.54 WORK ASSIGNMENTS IDENTIFIED BY THE COUNTY All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Bidder shall assume no guarantees as to the number or frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/or specifications for each assignment will be made by the County Department. The County department will notify the Bidder of each work assignment; at which time. the Bidder and the County Department will mutually agree, in writing, of the beginning and ending dates of the work assignment. For each assignment, the Bidder shall be responsible for the proper and necessary use of the materials in performance of the -work. 2.55 WORK ORDERS MAY BE GENERATED FOR EACH PROJECT The County's authorized representative may generate and issue a Work Order for each project to be performed under this Solicitation and subsequent Contract. The Work Order shall include the location, description and plans, if necessary; covering the scope of work to be completed. The Work Order shall also include a cost estimate calculated by the County for the work listed on the Work Order. This a . Pace 22 98- 550 METROPOLITAN DADE COUNTY BID NO. 1300-0/99-CW estimate shall be based on the prices total on the Bidder's Proposal. For purposes of identification and payment, the Work Order shall be numbered and dated. The preliminary Work Order describing the description of work and cost estimates shall be issued to Bidder(s) which have been qualified to perform work under this Solicitation. The Bidder(s) shall be required to supply the County's authorized representative with a written price proposal within a time frame specified by the County. If multiple Bidders are solicited, the County shall select the lowest price proposal; provided that the price proposal does not exceed the dollar estimate calculated by the County. If a single Bidder is solicited, the price proposal shall be accepted; provided that the price proposal does not exceed the dollar estimate calculated by the County. The selected Bidder's name shall then be entered on the Work Order and issued to the Bidder. The Work Order shall also direct the Bidder to commence work on a certain day and it shall specify the amount of time allotted for completion of work covered by the Work Order. All work covered by a Work Order shall constitute a Contract Schedule. 2.56 FACSIMILE MACHINE Bidder shall have a dedicated facsimile number which can receive messages from the County on a seven day, twenty-four hour basis. Page 23 9 8— 550 METROPOLITAN DADE COUNTY FLORIDA RESPONSIBLE WAGES AND -BENEFITS (ORDINANCE 90-143) SUPPLEMENTAL GENERAL CONDITIONS WAGE AND BENEFIT SCHEDULES NOTICE TO EMPLOYEES FOURTH QUARTER 1995 98 - 550 I SUPPLEMENTAL GENERAL CONDITION Bidders are advised that the provisions of Dade County Ordinance 90-143 (otherwise known as Ordinance 90-90, as amended) will apply to any contract or contracts awarded pursuant to. this bid. By submitting a bid pursuant to these specifications, a bidder is hereby agreeing to comply with the provisions of Ordinance 90-143, and to acknowledge awareness of the penalties for non- compliance. A copy of this ordinance may be obtained from the department issuing the specifications for this bid. This Supplemental General Condition is organized with the follow- ing sections: 1. Minimum Wages and Posting of Information 2. Liability for Unpaid Wages; Liquidated Damages; Withholding 3. Payrolls, Basic Records and Reporting 4. Subcontracts 5. Complaints and Hearings; Contract Termination and Debarment 6. Apprentices and Trainees 4: 1. MINIMUM WAGES AND POSTING OF INFORMATION A. All laborers and mechanics employed or working upon the project will be paid the full amount of wages and fringe benefits (or cash equivalents thereof) computed at rates not less than those contained in the wage determination which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and -such laborers and mechanics. For any given classification of worker, the combined overall per hour rate paid shall equal at least the sum of the wage and benefit levels listed for that classification. The contractor, or any subcontractor under him, may fulfill the obligations to pay such specified overall hourly rate by payment of wages, contributions to employee benefit plans, payment in cash, or any combination thereof. Contribu- tions made or costs reasonably anticipated for bona fide fringe benefits on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics; also, regular contributions made or costs incurred under plans, funds, or programs which cover the particular pay period, are deemed to be constructively made or incurred during such pay .period. Such laborers and mechanics shall be paid the. appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed without regard to skill. Laborers or mechan- ics performing work in more than one classification may be compensated at the rate specified for each* classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. 98- 550 B. For any class of laborers or mechanics which is not listed in the wage determination and -which is to be employed under the contract, the required wage rate shall be the combined overall dollar value on an hourly basis of the "basic hourly rate of pay" (as defined in 29 C.F.R. S5.24) and of the fringe bcna- fits payments for hospitalization, medical, pension and life insurance for such class under the United States Secretary of Labor's applicable Davis -Bacon .wage determination in effect for Dade County. Questions concerning the comparability of worker classifications or the applicability of Davis -Bacon classifica- tions shall be determined by the County. C. The wages/benefits to be paid the various classifica- tions, together with notice that a penalty at the rate of $200 per day per employee may be assessed for failure to pay the required rates and that any complaints of underpayment should be filed with the Director of the Department of Business and Economic Development, Ill Northwest First Street, 17th Floor, Miami, Fl. 33128, (305) 375-4132, shall be posted at all times by the contractor and its subcontractors at the site where the contract work is being performed in a prominent and accessible place where it can be easily seen by the workers. y. 2. LIABILITY FOR UNPAID WAGES; PENALTIES; WITHHOLDING A. In the event of any underpayment of required wage rates, the contractor shall be liable to the underpaid employee for the amount of such underpayment. In addition, the contractor shall pay a penalty in the amount of $200.00 to the county for each individual laborer or mechanic, employed in violation hereof for each calendar day on which such individual was paid less the required wages. B. The county may withhold from any moneys payable on account of work performed under the contract, such sums as may be determined:, pursuant to Section 5, "Complaints and Hearings; Contract Termination and Debarment", below, to be necessary to satisfy any liabilities for unpaid wages and penalties as provid- ed herein. The contracting officer shall withhold or cause to be withheld from the contractor under this agreement so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the project, all or part of the wages required by the contract,- the contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, until such violations have ceased. 98- 550 Supplemental General Condition Page 2 of 6 3. PAYROLLS; BASIC RECORDS; REPORTING A. The contractor, and each subcontractor under him, shall keep or cause to be kept accurate written records signed under oath as true and correct demonstrating payment of the required wages. Such records shall contain the name, Social Security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona -fide fringe benefits or cash equiva- lents thereof), and daily and weekly number of hours worked on this project. In addition thereto, the contractor shall submit a list of all subcontractors and the name and social security number of each subcontractor's employees who performed work each day on the contract. Each subcontractor shall submit a list of the names and social security numbers of its employees who performed work each day on the contract. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration or apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and wage rates prescribed in the applicable programs. B. The contractor shall submit the information required - hereunder with each request for progress payment. Information submitted on U.S. Dept. of'Labor form WH-347 or on a form accept- able to the County as its equivalent, and which is signed under oath, will satisfy the information requirements hereunder. C. The contractor or subcontractor shall make the records required to be kept hereunder available for inspection, copying or transcription by authorized representatives of the County, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required reports or make the records on which they are based available, the County may, after written notice to the contractor, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required reports upon request or to make records available may be grounds for debar- ment. The prime contractor is responsible for the submission of the information required hereunder and for the maintenance of records and provision of access to same by all subcontractors. 4. SUBCONTRACTS The contractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 6 of this provision and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor With the clauses set forth in paragraphs 1 through 6 of this provision. 98- 550 Supplemental General Condition Page 3 of 6 5. COMPLAINTS AND HEARINGS; CONTRACT TERMINATION AND DEBARMENT A. Upon receipt of a written complaint by an employee pertaining to underpayment of the required overall hourly rates, the County will notify the contractor or subcontractor employing said workers, and undertake to resolve or negotiate a settlement of the complaint with the contractor or subcontractor. In the event of failure of such negotiations, the County Manager will appoint a hearing officer, and fix a time for an administrative hearing pertaining to said complaint. The. County will provide the contractor or subcontractor with a notice of said hearing, and with a written copy of the complaint. The -County Manager will review the findings and recommendations of the hearing examiner, as well, if necessary, the transcripts of the hearing, and determine whether the contractor or subcontractor failed to comply with_ the contract specifications as alleged. Neither the contractor, nor any subcontractor under him,,, may terminate an employee performing work on the contract because of such employ- ee's filing a complaint regarding underpayment of required wage rates. B. If the County Manager determines that the contractor or subcontractor substantially or repeatedly failed to comply, ther'-- non-complying contractor or subcontractor and the principal owners thereof shall be prohibited from bidding or otherwise participating in County contracts for the construction, altera- tion and/or repair, including painting or decorating, of public buildings or public works for a period of three years. The County Manager may order the amount equal to any underpayment to be withheld from the contractor and remitted to the employee. In addition, the County Manager may order payment of a penalty to the County. If the required payment is not made within a reason- able period of time, the County Manager may order debarment as described immediately above. C. A breach of the clauses contained in this Supplemental General Condition shall be deemed a breach of this contract and may be grounds for termination of the contract, and for debar- ment. 6. APPRENTICES AND TRAINEES A. APPRENTICES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona -fide apprenticeship program registered with the U.S. Depart- ment of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his or her first 90 days probationary employment -as-an apprentice in such a apprenticeship program, who is not individually regis- tered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as Supplemental General Condition Page 4 of 6 98- 550 an apprentice. The craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage on the wage determination for the classifica- tion of work actually performed. In addition, any apprentice performing work on the project in excess of the ratio permitted under the registered program shall be paid not less than the applicable. wage rate on the wage determination for the work actually performed. Where a contractoris performing construc- tion on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in the percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for, the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the Apprenticeship Program. If the Apprenticeship Program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the adminis- trator determines that a difference practice prevails for the applicable. apprentice classification, fringe benefits shall be paid in accordance with that deter"nination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an appren- ticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is provided. B. TRAINEES Except as provided in 29 C.F.R. 55.16, trainees will not be permitted to work at less than the predeter- mined rate, for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater then permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determi- nation. Trainees shall be paid fringe benefits in accordance with the provisions of the Trainee Program. If the Trainee Program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determina- tion unless the administrator of the wage and hour division determines that the rate is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determi- nation, which provides for less than full fringe benefits for Supplemental General Condition Page 5 of 6 98- 550 apprentices. Any employee listed on the payroll at a trainee rate who is not registered in participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determi- nation for the classification of work actuc._ly performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wages are on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for thr. -•ork'per- formed until an acceptable program is approved. Supplemental General Conditio Page 6 of 98- 550 METROPOLITAN DADE =.- ATY ORDINANCE 90-143 WAGE AND BENEFIT SCHEDULE THIRD QUARTER 1995 LESS THAN 5 TONS AC OR LESS THAN 6 STORIES (R4) PitkcE-s Foy C�cz.o.�s tJ K� " Ri on Journeymen $9.50 $2.60 W.IForemen 10.93 2.60 1.25".441170 General Foremen 11.40 2.60 1.25: Apprentices: PRtces Q;m f (to u.es 0NLe Tt.n.LA� 31 vc-0 Probationary (first year) 7.25 0.00 0.00 Second year 9.80 2.60 0.00 Third year 11.76 2.60 0.00 Fourth year 13.72 2.60 0.61 Fifth year without license 14.70 2.60 0.61 Fifth year with license 15.68 2.60 0.61 WORK ON 5-20 TONS AC (R3) PRtce-S F.-ti CL.tL %kt POE Journeymen 14.85 2.60 1.25 Foremen 17.08 2.60 2501 General Foremen 17.82' 2.60 1.25 0 WORK ON 20-100 TONS AC (R2) Q(L%ct-s Fo a- C Ro, P Journeymen 18.20 2.60 1.25 Foremen 20.93 2.60 1.25 General Foremen 21.84 2.60 1.25 OVER 100 TONS AC $ ALL (R1) INDUSTRIAL PIPING prLcts d-o(z lnti,,,�`a SFvea Journeymen 19.60 2.60 1.25 Foremen 22.54 2.60 1.25 General Foremen 23.52 2.60 1.25 ... (1) Per hour health benefit includes hospitalization, medical and insurance. (2) Includes heating. APPRENTICE RATIO: Construction (R1) - One (1) Apprentice to two (2) Journeymen. Service (R1) - One (1) Apprentice to one (1) Journeyman. (R2), (R3), (R4) - One (1) Apprentice to one (1) Journeyman. Jobs employing more than five (5) Journeymen, at least one (1) Apprentice. 20 OF 28 98- 550 NC'1'1C:t� TO ALL EMPLOYE,E,S Working on Federal or Federally Financed Construction Projects' MNUALU You must be paid not less than the wage rate ith in the schedule posted wthis Notice for the VA.GES kind of work you perform. OVER= You must be paid not less than one and one-half times your basic rate of pay for all hours worked, over 40 a week. There are some exceptions.. PROPM PAY Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting Officer listed below: or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under. U.S. Department of Labor Employment Standards Administration U.S. Ocpar nicn: 01 Latter Ernpleymenl Slionclres aa�+�n�s:rtl�on 7 � ' F.�IT FED-bBl Page 1 of 1 .CERTIFICATION OF PRIMARY PARTICIPANT REGARDING Dom, SUS ENSION1AND RESPONSIBILITY MATTERS The Primary Participant (applicant for an FTA grant or cooperative agreemen or potential contractor for a major third party contract), certifies to the best of its knowledge and lie , that it an its pr nc pals: 1. Are not presently debarred, suspended, proposed for debarment, declar( ineligible, or voluntarily excluded from covered transactions by any . Federal department or agency; 2. Have not within a t1iree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commis.., of fraud or -a criminal offense in connection with obtaining, attemptir to obtain, or performing a public (Federal, State or Local) transactic or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently -indicted for or otherwise criminally or civilly char by a governmentdl entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)-of this certification; and 4. have not within a three-year period preceding this application/proposa had one or more public transactions (Federal, Sate or local) terminate for cause or default. (If the primary participant (applicant for an FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any the statements in this certification, the participant shall attach an explanation to this certification.) THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT OR POTENTIAL CONTRACTOR FOR A MAJOR -THIRD PARTY CONTRACT), CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCUF OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AN UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO. Signature and Title of Authorized O icia The undersigned chief legal counsel for the hereby certifies that the has authority under State and local law comply with the sub5ect assurances and that the certification above has been legally made. Signature of Applicant's Attorney Date 98- 550 EXHIBIT FED-DB2 Page 1 of 1 S REGARDING The Lower Tier Participant (potential sub -grantee or sub -recipient under an project, potential third party contractor, or potential subcontractor under major third party contract), , certifies, by submission o this proposal, that neither it nor its principals are presently debarred; suspended, proposed.for debarment, declared ineligible, or voluntarily excluded, proposed for debarment, declared ineligible, or voluntarily exclu from participation in this transaction by any Federal department or agency. (If the Lower Tier Participant (potential sub -grantee or sub -recipient unde. PTA project, potential third party contractor, or potential subcontractor u a major third party contract) is unable to certify to any of the statements this certification, such participant shall attach an explanation to this proposal.) THE LOWER -TIER PARTICIPANT (POTENTIAL SUB -GRANTEE OR SUB -RECIPIENT UNDER AN PROJECT, POTENTIAL THIRD PARTY CONTRACTOR, OR POTENTIAL SUBCONTRACTOR UNDER MAJOR THIRD PARTY CONTRACT) , CERTIFIES OR AFFIRMS THE '- TRUTMVLNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 FT SEQ_, ARE APPLICABLE THERETO. Signature and Title of Authorized Official The undersigned chief legal counsel for the hereby certifies that the has authority under State and L< law to comply with the sub3ect assurances and that the certification above been legally made. Signature of Applicant's Attorney Date g8_ 550 ,- ... .... I .. ... ...... ....... FEDERn PROVISIONS 'This -Procurement is subject to a financial assistance contract between Metropolitan Dade County (MDC) and the* U. S•., Department of Transportation. By reason of such participation, the Bidder (the ter m 'Bidder', 'Proposer' and •Contractor' are used interchangeably.) As rzquired.to agr4q*Xo the follawing.provision:$ ' Debi rzed' Bhiders ' ' " - -..�-� ... t .•:..�• ;_. The Proposer, including any of its officers or holders of a , controlling interest, is obligated to inform HDC.whether or not it is or has been on any debarred bidder's list maintained by the United States Government. Should the proposer be included on -such a list during the performance of this project, it shall so inform rmC. This procurement is subject to the Federal Transit Administration Requirements regarding debarment and suspensions as described in PTA C 2015.1. A Certification of Primary Participant regarding Debarment, Suspension, and other responsibility matters and, if applicable, a Certification of Lower -Tier Participants regarding Debarment, Suspension, and other ineligibility and voluntary exclusion, in the format attached hereto as Exhibits FED-DS1 and FED-DB2, must be completed and submitted with the Proposal. A Proposal which does not include the required certificate(s) will be considered non -responsive. The inability to provide the required certification will not necessarily result in denial of participation. A person who is unable. to provide positive certification, must submit a complete explanation. PTA will consider -the certification and any accompanying explanation in determining whether or not to allow participation in the project. Failure to furnish certification or an explanation may result in disqualification from participation. Interest of Members of, or Delegates to Congress: In accordance with 18 U.S.C. 431, no member of, or delegates to the Congress of -the United States shall be admitted to a share or part of this contract or to any benefit arising therefrom. Conflict of Interest: No employee, officer, or agent of MC shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his immediate family: c- His or her partner; or 9S_ 550 d. An organization which employs, or is about to employ has a f inancial or other interest in the firm stltcted for award. MDC officers, employees-or.agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contracts, potential contractors, or parties of subcontracts. a. Termind(O on f or Convenience mDC may terminate this co tract, in wi�ole or in part, at any time by written no�e to the putractor., a Contract# shall be paid its cosoi includiv# contract q40sa-0ut cost and profit on work perfo d up to t�s time of tion. 7e Contractor shall promtly submit�$ts tezmi on claim to:)= to be paid the Contrac . If the �ontraetor �s aW propero in its possession belongi g to mx, t Contracto will account for the same,. and dispose of it in the manner MDC directs. b. TerminatiROEgWDWAlt DOES NOT APPLY If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor. fails to perform in the mann called for in !*a contract, or if ths-aCioatractor-fails to c ly with any otb%r provisions of the, tract, MDC may to to this contra- t for default. tion shall be offs by serving notic of te%aination on t the Contractor seZ19 forth the mann in which the Cont r for is in default. Contractor will my be paid the cosh act price for supplies delivered and accepted, or services performed in accordance with the ma=.er of performance set forth in the contract. 2f it is layer determinQby I4DC that the Co tractor ha excusablt44k6ason for performing, such strike, re, or flood, elints which not the fault of -are beyo&# the controlgf the Con ctor, MDC, after a ing up- a s3 w delivery of pe�ormance schedule, may allow the'tontracto4O. continue worK,or treat the termination as a termination for convenience. c . Termination for Cost -Type Contracts DOES NOT APPLY. MDC may terminate this contract, or any portion of it, by serving a notice of termination on the Contractor The notice shall stat�Q�'ihether the termint' is for cozy once of NIDC or f the default of the rector.Z�'�he termination is for de t, the notice shal tir ate the ma ei in which the Contr or has failed to ppe�b' m the requirements of the cont ct. The Contractor- hall account for any property in it's possession paid for from funds received from MDC, or property a 98- 550 i 4 API PiJ i A 1 `�. . �1 w.Q-.� • - . . supplied to the Contractor byri C. if the rMination is ft�r default,Zwid �lY fix the frr tthe con provides io , a fee, to thMel is propo n to the valLte', if any, - of, � A perfothe tis�se.�¢t' termination. The ContVgo shall pbmit its -`termination claim to H= partiegotiate ,the termination settlemrent.to • bit •pai'l , the Contractor . • , ; if the termination is for the •Convesianct' of the rontraztor- • . • shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion tv a work perfod�_.:hp to the t-e of to on.Ar if, aftAt serving a,, 6rice of nation for a *defaUiZ, MDC detenni3fes that the,,Contractor s as excusable reason for not perfo,iag, such as strike,ie, flood, events which are not the faul of and are beyond the e6utrol of the Contractor, MC after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Cargo Preference: uCES NOT APPLY, The Contractor agrees: 1. To utilize privately owned United States-fla rcial vessels :Par t least 50 cent of the gross t ge (computed separ ly for dry lk carriers, dry c iiae and t j invo , wh4nev" hipping nay equipment, materials, or �O co sties prels. t to thin section, to the extent such�,�ressels a availableir and reasonable rates for United States -flag �ercial ve 2. To furnish wi n 30 days following the date of loading for shipments o mating within toe United States, or within 30 working da following the d of loading or shipment originati outsidetheUnt� States, a' ible copy of a rated, •onboard�g commercial oc ll-of-la English for each shipmeof cargo descrin Paragr 1 above to the Recipient (through to the prime tractor in ` e case of sub -contracts bill -of -lading) to the Division of, -National Cargo, Office of Market Development, Maritime Administration, 400 Seventh Street S.W., Washington, D.C. 20590, marked with appropriate identification of the Project. 3. To insert the subs e of the provisof this clause in all subcontracts iss"pursuant to this tract. 98- 550 .Conservation: Contractor shall recognize mandatory. standards and policies relating to energy efficiency which are contained -in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321 at see.). Audit and inn ection of Records: The Contractor agreed that M C, the Comptroller General of the United States, or any of their duly authorized representatives, shall, for , the purpose of audit and examination be permitted to inspect all work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records, and accounts with regard to. the project. Further, Contractor agrees to maintain all required .. records for at least three years after NDC make final payments and all other pending matters are closed. Clean Air Act and Federal Water Pollution Control Act Requirements: Contractor agrees to conWly with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15) which prohibit the use under nonexempt Federal contracts, grants or loans, 4 'facilities included on the•EPA List for Violating Facilities. Contractor shall report violations to PTA and to the USEPA Assistant Administrator for Enforcement (EN0329). Liquidated Damages: Opp NOT APPLY Upon failure to deliver the product.is) i accordance with the specificati n and to the satisfaction within the time stated, the bidde 11 be subjec charge�or liquidat amages and not as a y in the am►oun 1 totenths of percent (0.50) for ea d every cale day t2PO the products of delivered and accep MDC shall the rigWt to deduct the said liquidated s; frord any am � due or that may become due to the bidder under this contract or or to invoice the bidder for such damages if the costs incurred exceeded the amount due the bidder. 25000 ca/o dbe 08- 550 METROPOLITAN DADE COUNTY BIO NO. 1300-0/99-CW SECTION 3.0 TECHNICAL SPECIFICATIONS AIR CONDITIONING, HEATING, VENTILATING AND REFRIGERATION (CTA) 3.1 SCOPE A. These specifications cover all labor, parts, materials, tools, permits, licenses, transportation and equipment, 'etc. necessary to provide Air Conditioning, Heating, Ventilating and Refrigeration Services (CTA) for systems from less than five (5) tons to over one -hundred (100) tons. ' This includes but is not limited to the following: twin D.X systems, air cooled condensers, package units, window units, refrigerators, ice makers, cold boxes, reciprocating and screw type chillers 30 thru 300 tons, centrifugal chillers 330 thru 2500 tons, machines with connected chilled b condenser water pumps, evaporators, condensers, purge systems, cooling towers and automatic temperature controls. The extent of this contract includes installation of components (not A/C units), repair service and other related incidentals (e.g. testing, adjusting, maintaining, electrical, welding, insulation, duct work etc.) on an as needed basis.. 3.2 TOOLS AND EQUIPMENT: All vendor service personnel shall have all standard tools common to the the industry and a fully equipped service truck at the project site unless prior approval by the County Department is obtained. 3.3 ADHERENCE TO THE CLEAN AIR ACT A. The Bidder must perform service in compliance with EPA Guidelines to reduce emissions of "CFC" to their lowest possible level. B. The Bidder at his cost, shall install recycle recovery access connections (where applicable). C. The Bidder shall provide the Department with a policy for "CFC" handling. 0. The successful Bidder shall have satisfactory refrigerant recovery equipment for the systems. Page 24 98- 550