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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-215Temp. Reso. #10852 November 14, 2005 Revision #1 —11 /15/05 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-1� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AWARDING REQUEST FOR PROPOSAL NO. 05-15R TO AA ADVANCE AIR INCORPORATED FOR THE REPLACEMENT OF FIVE (5) HVAC UNITS AT CITY HALL AT A COST OF $273,572, INCLUDING A FIVE YEAR ALL INCLUSIVE PARTS AND LABOR WARRANTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has determined that the life expectancy of the current heating, ventilating, and air conditioning (HVAC) units at Tamarac City Hall have reached their useful life expectancy; and WHEREAS, the City has sought competitive proposals for the replacement of the current HVAC units; and WHEREAS, the City published Request for Proposal (RFP) No. 05-15R for HVAC replacement at City Hall, attached hereto as Exhibit 1; and WHEREAS, the City received responses from: AA Advance Air Inc. and Hill York Service Corporation; and WHEREAS, the proposals were reviewed and ranked by an Evaluation Committee consisting of the City's Air and Heat Specialist, the Assistant Director of Utilities and the Director of Public Works; said rankings are attached hereto as Exhibit 2; and Temp. Reso. #10852 November 14, 2005 Revision #1 — 11 /15/05 Page 2 WHEREAS, the Evaluation Committee determined that the proposal submitted by AA Advance Air Incorporated, hereto attached as Exhibit 3, was ranked as best able to meet the requirement of the City; and WHEREAS, the City has negotiated an agreement with AA Advance Air Incorporated, to meet the requirements of the (RFP) for a total cost of two hundred and seventy-three thousand five hundred and seventy-two dollars ($273,572.00); and WHEREAS, available funds exist in the Capital Improvement Fund for said purpose; and WHEREAS, it is the recommendation of the Public Works Director and the Purchasing/Contracts Manager that this request for proposal be awarded to AA Advance Air Incorporated; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the City of Tamarac to award the request for proposal to AA Advance Air Incorporated for the replacement of five HVAC units at a cost of two hundred and seventy-three thousand, five hundred and seventy two dollars ($273,572-00), and to execute an Agreement with AA Advance Air, Incorporated. a copy of said Agreement is attached hereto as.Exhibit "4". I I I I I Temp. Reso. #10852 November 14, 2005 Revision #1 — 11 /15/05 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the award of RFP 05-15R "HVAC Replacement at City Hall" for a cost of $273,572, and the execution of an Agreement with AA Advance Air Incorporated is hereby approved. SECTION 3: The Resolution authorizes necessary budget transfers to accommodate this action. SECTION 4: - All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: passage and adoption. 2005. Temp. Reso. #10852 November 14, 2005 Revision #1— 11 /15/05 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED thisOday of , ATTEST: MARION SW NSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AMUEL//S. C EI CITY ATTO EY J r� JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 1 1 1 EXHIBIT 1 TR10852 REQUEST FOR PROPOSALS Proposer Acknowledgement RFP NO.: 05-15R RFP TITLE: HVAC REPLACEMENT AT CITY HALL PROPOSAL OPENING DATE/TIME: OCTOBER 10, 2005, 4:00 PM local time BUYER NAME: JAMEs NICOTRA, CPPB BUYER PHONE: 954-724-2450 BUYER EMAIL: JIMN@@tamarac.org MANDATORY PRE -PROPOSAL CONFERENCE/SITE INSPECTION: BONDING: 100% PAYMENT & PERFORMANCE BOND AFTER AWARD GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMM ODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR PROPOSAL BY iNDICATING SUCH CHANGE IN THE INSTRUCTIONS TO PROPOSERS OR IN THE SPE&L CONDITIONS OF THE PROPOSAL. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED PROPOSALS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL PROPOSAL FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE RFP NUMBER AND THE RFP TITLE. PROPOSALS NOT SUBMITTED ON THE ATTACHED PROPOSAL FORM MAY BE DEEMED NON -RESPONSIVE. ALL PROPOSALS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN, THOSE PROPOSALS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NOW RESPONSIVE. PROPOSING COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: PROPOSER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: I certify that this proposal Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal as an agent for the Proposing Vendor- GTC-1 SUBMIT PROPOSAL TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88 TH AVENUE TAMARAC, FL 33321 954-724-2450 It is the intent of the City to award the proposal to the responsive Proposer providing a response which is most advantageous to the City. The City reserves the right to accept or reject any or all proposals and to waive any informality concerning the proposals when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the proposal according to the criteria herein in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Proposers including but not limited to Requests for Proposals. 1. SUBMISSION OF THE PROPOSAL The Proposing Vendor is directed to deliver sealed proposals to the City of Tamarac, Purchasing Division, 7525 N, W, 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. Proposals will be opened in private, however, the name of respondents may be provided. The Proposing Vendor must show the proposal number, proposal name, time and date that proposals are due on the outside of the sealed proposal package. Delivery of the sealed proposals to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Proposing Vendor. Late proposals will be returned unopened to the Vendor. It is the Proposer's responsibility to read and understand the requirements of this proposal. Unless otherwise specified, the Proposer must use the proposal form furnished in the proposal document. The Proposer is requested to submit one (1) original and the number of copies as specified herein. of the proposal. The original proposal must be manually and duly signed In Ink by a Corporate Officer, Principal, or Partner with the authority to bind the company or firm by his/her signature. All proposal forms must be typewritten or completed in ink. The Propser must initial any erasures or corrections in ink. All prices, terms and conditions quoted in the submitted proposal will be firm for acceptance for ninety (90) days from the date of the proposal due date unless otherwise stated by the City. The Proposer preparing a proposal in response to this solicitation shall bear all expenses associated with its preparation. The Proposer shall prepare a proposal with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. PROPOSAL DEPOSIT When required on the cover page, a proposal deposit or proposal surety bond in the amount specified shall accompany the proposal. Proposal deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a proposal deposit, a proposal surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any proposal deposits will be returned to the Proposers at the time of contract award. The proposal deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Proposer shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the proposal and any proposal deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Proposer's failure to furnish said bonds. 4. WITHDRAWAL OF PROPOSAL Any Proposer may withdraw its proposal prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Proposers shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities which may be shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the GTC-2 SUBMIT PROPOSAL TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88 TH AVENUE TAMARAC, FL 33321 954-724-2450 Special Conditions, prices shall be fixed and firm for a period of ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for proposal evaluation. Proposers are encouraged to provide prompt payment terms in the space provided on the Proposal Form. If no payment discount is offered, the Proposer shall enter zero (0) for the percentage discount to indicate net 30 days, If the Proposer does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Flotida Prompt Payment Act, F. S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the proposal. 11. MANUFACTURER'S NAME& APPROVED EQUIVALENTS As applicable, manufacturer's name, trade name, brand name information and/or model/catalog numbers may be used herein for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the proposal. The Proposer may offer any brand which meets or exceeds the proposal requirements for any item(s). If proposals are based on equivalent products, indicate on the proposal form the manufacturer's name and model/catalog number. Proposal shall submit complete descriptive literature and/or specifications with the proposal. The burden of proof for specification compliance is solely on the Proposer. The City, after review of product offered, shall be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for disqualification. If Proposer fails to name a substitute, it will be assumed that the Proposer has submitted a response which conforms in all aspects to the requirements of the proposal document, and that the Proposer intends to furnish goods identical to the proposal standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the proposal. Each sample must be marked with the Proposer's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract- All demonstrations will be done at the expense of the Proposer. 13. BACKGROUND INVESTIGATION As a part of the Proposal evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Proposer's submission of a proposal constitutes acknowledgement of and consent to such investigation- City shall be the sole judge in determining Proposer's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Proposer in conjunction with this proposal shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Proposer at no cost to the City, Successful Proposer shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Proposer warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Proposer to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award. The City may, by written notice to the Proposer, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, GTC-3 SUBMIT PROPOSAL TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-724-2450 conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY The final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 20. ASSIGNMENT The Proposer shall not transfer or assign the performance required by this proposal without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City, 21. EMPLOYEES Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. EQUAL EMPLOYMENT OPPORTUNITY No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, gender, national origin, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-d iscri m i nation clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these proposal documents will not relieve the Proposer of supplying such service(s) and product(s) as specified, 25. INSURANCE REQUIREMENTS Proposer agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Proposer shall obtain at Proposer's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement, Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of either Proposer or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract: Line of Business/ Occurrence Aggregate Coverage Commercial General $1,000,000 $1,000,000 Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Statutory Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Proposer nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement, The Proposer will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. GTC-4 SUBMIT PROPOSAL TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-724-2450 All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Proposer's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Proposer purchase a bond to cover the full amount of the deductible or self -insured retention. If the Proposer is to provide professional services under this Agreement, the Proposer must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Proposer shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Proposer or Proposer's Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Proposer shall examine all proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents- If, upon review, any material errors in specifications are found, the Proposer shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Proposal due date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 28. INFORMATION REQUESTS AFTER DUE DATE Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art- I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor - The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Proposal's submitted Price Proposal Form, the unit prices shall prevail, GTC-5 City of Tamarac "Committed to Excellence ... Always" Purchasing and Contracts Division Date: September 12, 2005 REQUEST FOR PROPOSALS RFP 05-15R ALL QUALIFIED PROPOSERS: :442 ,,, 101KII-5 &I Z� Sealed Proposals, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, Room 108, at 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Wednesday, October 10, 2006 at 4:00 PM local time, fo r: PHASED INSTALLATION OF HVAC UNITS - TAMARAC CITY HALL The City is soliciting proposals on behalf of the Public Works Department to obtain the services of a qualified firm for the phased installation of five (5) HVAC units at City Hall . Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 4:00 PM. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer, Official time will be measured by the time stamp in the Purchasing Office. A Mandatory Pre -Bid Conference is scheduled for September 26th, 2006 at 9:30 AM, at Tamarac City Hall, 7525 NW 88 th Avenue, Room 106. Only those Contractors present for the actual walk through of the work areas shall be eligible to submit a Proposal for this project. A sign -in sheet will be used to verify your firm's representation at the meeting. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the city. Proposal documents may be obtained from the Purchasing Office, Room 108, or via the Internet at http://www.tamarac.org/Dept Ifin/purch/solicitations-htmi, For inquiries, contact the Purchasing Office at (954) 724-2450. ZSAmes NICUTra, uPPB Senior Procurement Specialist Publish Sun -Sentinel: September 18 and September 25, 2005 7525 NW 88th Avenue N Tamarac, Florida 33321-2401 N (954) 724-2450 0 Fax (954) 724-2408 0 www.tomarac.org Equol Opportunity Employer City of Tamarac Purchasing & Contracts Divisioo REQUEST FOR PROPOSALS 1:1=111-SUIZI PHASED INSTALLATION OF HVAC UNITS — TAMARAC CITY HALL Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. 1. INTRODUCTION The City is soliciting proposals on behalf of the Tamarac Public Works Department to obtain the services of a qualified firm to install five (5) HVAC units at Tamarac City Hall in two (2) separate phases. 11. INFORMATION For information pertaining to this Request for Proposals (RFP), contact Purchasing at (954) 724-2450 or Chuck Guidetti, Project Manager, at (954) 724-1399. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted only by written addendum. It is preferred that all questions be submitted in writing, either via fax or email. Fax questions to (954) 724-2408 or email to j[mn@tarnarac.org, Ill. SCHEDULE OF EVENTS The schedule of events related to this Request for Proposals shall be as follows: RFP document issued Mandato[y pre -proposal conference Deadline for written questions Deadline for receipt of proposals Evaluation of proposals Presentations by short-listed proposers (if applicable) Final ranking of firms Anticipated award by commission September 16, 2005 September 26, 2005 September 30, 2005 October 10, 2005 October 10-13, 2005 October 17, 2005 October 17, 2005 October 26, 2005 All dates are tentative, City reserves the right to change scheduled dates, of Tamarac Purchasing & Contracts Division IV. INSTRUCTIONS TO OFFERORS F;1 f 11 z 187.1 zi Ilk 11 =I;1 JJ I.-Y-1 I! 11116101 Z 101 k 11 If] k, 1.1 GENERAL TERMS AND CONDITIONS These General Terms and Conditions apply to all offers made to the City of Tamarac by all prospective Proposers, including but not limited to, Requests for Quotes, Requests for Proposal and Requests for Bid. As such the words "bid", "proposal" and "offer" are used interchangeably in reference to all offers submitted by prospective Proposers. The City of Tamarac reserves the right to reject any or all proposals, to waive any informalities or irregularities in any proposals received, to re -advertise for proposals, to enter into contract negotiations with the selected Proposer or take any other actions that may be deemed to be in the best interest of the City of Tamarac. 2. DEFINED TERMS Terms used in these Instructions to Offerors are defined as follows: 2.1 "Offeror" - one who submits a Proposal in response to a solicitation, as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. 2.2 "Proposee'— one who submits a Proposal in response to a solicitation. The terms "Offeror" and "Proposer" are used interchangeably and have the same meaning. 2.3 "Successful Offeror" - the qualified, responsible and responsive Offeror to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2.4 "City" - the City of Tamarac, a municipal corporation of the State of Florida. 2.5 "Proposal Documents" - the Request for Proposals, Instructions to Offerors, Offeror's Qualifications Statement, Non -Collusive Affidavit, Certified Resolution, Vendor Drug -Free Workplace, Offeror's Proposal, Proposal Security and Specifications, if any, and the proposed Contract Documents (including all Addenda issued prior to opening of Proposals). 2.6 "Contractor" - the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 3. SPECIAL CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Scope of Work outlined in this proposal, the Special Conditions and/or the Scope of Work shall prevail, City of Tamarac Purchasing & Contracts Division 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. Before submitting a Proposal, each Offeror must attend the Mandatory Pre - Proposal walk thru to exam the sites to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Purchasing and Contracts Manager of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 4.2. The Offeror, by and through the submission of a Proposal, agrees that Offeror shall be held responsible for having examined the facilities and equipment; is familiar with the nature and extent of the work and any local conditions that may affect the work, and is familiar with the equipment, materials, parts and labor required to successfully perform the work, 5. OMISSION OF DETAILS / VARIANCES AND EXCEPTIONS 5.1 The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified. 5.2 For the purpose of evaluation, the Offeror must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Offeror meets all the requirements in every respect. 6. INTERPRETATIONS AND ADDENDA If the Offeror is in doubt as to the meaning of any of the Proposal Documents, believes that the General Conditions, Special Conditions and/or Technical Specifications contain errors, contradictions or obvious omissions, or has any questions concerning the information contained in the RFP documents, the Offeror shall submit a written request to the Purchasing Office for interpretation or clarification, Such request must reference RFP name and number, and should be received by the Purchasing Office at least five (5) calendar days prior to the Proposal opening date. Questions received less than five (5) calendar days prior to the Proposal opening may not be answered. Interpretations or clarifications in response to such questions will be issued in the form of a written addendum of Tamarac & Contracts Division transmitted via either fax or email to all parties recorded by the Purchasing Office as having received the Proposai'Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. 7. COSTS AND COMPENSATION 7.1. Costs and compensation shall be shown in both unit prices and extensions whenever applicable. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. 7.2. All costs and compensation shall remain firm and fixed for acceptance for 90 calendar days after the day of the Proposal opening. 7.3. The price proposal shall include all franchise fees, royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation. 8. NON -COLLUSIVE AFFIDAVIT Each Offeror shall complete the Non -Collusive Affidavit form and shall submit the form with their Proposal. City considers the failure of the Offeror to submit this document may be cause for rejection of the Proposal. 9. PUBLIC ENTITY CRIMES In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 10. CONFLICT OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies, Further, all Offerors must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Offeror's firm or any of its branches or affiliate companies. of Tamarac 11. PERFORMANCE BONDS AND INSURANCE Purchasing & Contracts Division Upon award of a contract, the Successful Offeror, shall be required to provide payment and performance bonds in the amount of 100% of the contract award and within ten (10) calendar days of award. Offeror shall provide certificates of insurance in the manner, form and amount(s) specified. 12. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS The following is a summary of documents required to be submitted for this proposal. Failure to include a technical proposal, cost proposal, bid surety, or any other document that, by its omission, may prejudice the rights of other respondents, may result in immediate rejection of your proposal. Other forms or documents which, by their nature do not impact price or the Offeror's cost of doing business should accompany the Proposal; but must be provided within two (2) business days of the City's request to be considered responsive, 12.1 Technical Proposal & Work Plan 12.2 Cost Proposal (See "Proposal Form" herein) 12.3 Certification Form 12.4 Certified Resolution Form (or firm's own Corporate Resolution) 12.5 Offeror's Qualifications Statement Form & References 12.6 Vendor Drug Free Workplace Form 12.7 Non -Collusive Affidavit Form 12.8 List of Sub -contractors Form 12.9 References Form 12.10 Payment & Performance Bond Forms (Submitted after award) 12.11 Proof of applicable insurance NOTE: PERFORMANCE, PAYMENT AND WARRANTY BONDS Contractor shall submit separate and acceptable Performance & Payment Bonds in the amount of 100% the total contract award within ten (10) calendar days after award. Bonds must be submitted on City forms, included herein, The awarded Contractor shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Performance Bond shall be conditioned that the awarded Contractor performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who of Tamarac & Contracts Division supply the Successful Proposer in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Proposer correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 13. SUBMISSION OF PROPOSALS 13.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror should be initialed. 13.2 Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the firm in matters of this nature. The address and telephone number for any communications regarding the Proposal must be included. 13.3 Proposals shall contain an acknowledgment of receipt of all addenda. 13.4 Proposals by corporations must be executed in the corporation's legal name by the President or other corporate officer, accompanied by evidence of authority to sign. Evidence of authority shall be provided on the enclosed Certified Resolution form, or by the company's own Corporate Resolution. 13.5 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. 13.6 Proposals shall be submitted to the Purchasing Office on or before the time indicated in the Request for Proposals. Proposals shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope should be clearly marked on the exterior with the applicable solicitation name and number. The envelope should state the name and address of the Offeror and should be include all documents as specified in the Request for Proposals. Purchasing and Contracts Division staff is not responsible for the premature opening of a Proposal that is not properly addressed and identified. 13.7 In accordance with Florida Statutes, Chapter §1 19.07(l)(a) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses thereto are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential and/or proprietary which may be considered exempt under Florida Statute §1 19.07(t). of Tamarac & Contracts Division 13.8 All Proposals received from Offerors in response to the Request for Proposals will become the property of City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of City, 13.9 The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its preparation. The Proposer shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of proposal preparation and/or presentation. 14. MODIFICATION AND WITHDRAWAL OF PROPOSALS 14.1 Proposals may be modified or withdrawn by a duly executed document signed by a corporate officer or other employee with designated signature authority. Evidence of such authority must accompany the request for withdrawal or modification. The request must be delivered to the Purchasing Office at any time prior to the deadline for submitting Proposals. Withdrawal of a Proposal will not prejudice the rights of an Offeror to submit a new Proposal prior to the Proposal opening date and time. No Proposal may be withdrawn or modified after the date of proposal opening has passed. 14.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed, written notice with the Purchasing Office, and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of City, by clear and convincing evidence, that there was a material and substantial mistake in the preparation of its Proposal, or that the mistake is clearly evident on the face of the Proposal, but the intended correct Proposal is not similarly evident, Offeror may withdraw its Proposal and any bid security will be returned. Thereafter, the Offeror will be disqualified from further bidding on the subject Contract. 15. REJECTION OF PROPOSALS 15.1 To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Offeror, and to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 15.2 City reserves the right to reject the Proposal of any Offeror if City believes that it would not be in its best interest of to make an award to that Offeror, whether because the Proposal is not responsive, the Offeror is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of the solicitation. of Tamarac & Contracts Division 16. QUALIFICATIONS OF PROPOSERS 16.1 Each Offeror shall complete the Offeror's Qualifications Statement and submit the form with the Proposal. Failure to submit the Offeror's Qualifications Statement and the documents required thereunder may constitute grounds for rejection of the Proposal. 16.2 As a part of the evaluation process, the City may conduct a background investigation including a criminal record check of Proposer's officers and/or employees, by the Broward County Sheriffs Office. Proposer's submission of a proposal constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Proposer's qualifications. 16.3 No proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to City for any debt or contract, who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed irresponsible for unreliable by City. City will be the sole judge of said determination. 16.4 City reserves the right to make a pre -award inspection of the Offerors facilities and equipment prior to award of Contract. 16.5 Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 16.6 Additional Contractor / Sub -contractor qualifications are as follows; 1 . Five (5) years in business under the same company name 2. Employee a minimum of twenty-five employees 3. Have an in-house sheet metal fabrication unit 4. Have an in-house plumbing unit 5. Have five (5) years verifiable experience in commercial/industrial HVAC 6. Have ten (10) verifiable HVAC commercial/industrial references within the last 24 months. 7. Possess evidence of excellent verifiable financial standing with your equipment distributor or manufacturer. 8. Electrical and Fire Sub -contractors will have ten (10) years operation under same company name. 9. Sub -contractors must have worked on at least five (5) HVAC projects with the Prime Contractor. 9 of Tamarac i 1r0IIIIIIIIIIIIII I Z 6-111 ;7-1 Z 143 4 Porchasing & Contracts Division 17.1 Offeror agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Offeror, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 17.2 Offeror shall obtain at Offeror's expense all necessary insurance in such form and amount as required by this proposal or by the City's Risk Manager before beginning work under this Agreement. Offeror shall maintain such insurance in full force and effect during the life of this Agreement. Offeror shall provide to the City's Risk Manager current certificates of all insurance required under this section prior to beginning any work under this Agreement. 17.3 Offeror shall indemnify and save the City harmless from any damage resulting to it for failure of either Offeror or any Sub -Offeror to obtain or maintain such insurance. 17A The following are required types and minimum limits of insurance coverage, which the Offeror agrees to maintain during the term of this contract: Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Prod ucts/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability 17.5 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 17.6 Neither Offeror nor any Sub -Offeror shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement, The Offeror will ensure that all 9 City of Tamarac Purchasing & Contracts Division Sub -Offerors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 17.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and shall be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. 17.8 The Offeror's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Offeror's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. 17.9 The Offeror shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Offeror purchase a bond to cover the full amount of the deductible or self -insured retention. 17.10 If the Offeror is to provide professional services under this Agreement, the Offeror must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable only for Professional Liability. 17.11 The Successful Offeror agrees to perform the work under the Contract as an independent contractor, and not as a subcontractor, agent or employee of City. 18. INDEMNIFICATION 18.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub -Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub- contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 18.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 10 City of Tamaroc Purchasing & Contracts Division 18.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs, 18.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 18.5 The Successful Offeror shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Offeror under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 19. DELIVERIES Any item requiring delivery by the Offeror of by sub -contractors shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. If delivery of an item is required, the City reserves the right to cancel the delivery order(s) or any part thereof, without obligation if delivery is not made at the time specified in the proposal. 20. WARRANTIES 20.1 Successful Offeror warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Offeror is a party. 20.2 Successful Offeror warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 20.3 Successful Offeror warrants to City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 20.4 �All warranties made by Successful Offeror together with service warranties and guarantees shall run to City and the successors and assigns of City, 11 City of Tamarac V Purchasing & Contracts Division 21. CONDITIONS OF MATERIAL All materials and products supplied by the Offeror in conjunction with this proposal shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Offeror shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 22. COPYRIGHTS OR PATENT RIGHTS The Offeror warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 23. SAFETY STANDARDS The Proposer warrants that any product(s) supplied to the City shall conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 24. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 26. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the successful Offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin or physical or mental handicap if qualified. The successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or physical or mental handicap. Such actions must include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The successful Offeror(s) shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The successful Offeror further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 12 Gitv of Tamarac 26 TAXES & Contracts Division .. ........... . . . Successful Offeror shall pay all applicable sales, consumer use and other similar taxes required by law. 27. PERMITS, FEES AND NOTICES Successful Offeror shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work, if applicable. The City will reimburse Contractor for all City permits and fees at no mark-up and upon properly submitted invoices for such. Permits and fees for other than City agencies shall be paid by Contractor without reimbursement by City. The cost for all permits, fees, licenses and charges shall be included in the Price Proposal except where expressly noted in the specifications. 28. PERFORMANCE Failure on the part of the Offeror to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the proposal award. The City may, by written notice to the Proposal, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 29. TERMINATION FOR CAUSE AND DEFAULT 29.1 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 29.2 Failure on the part of the Offeror to comply with the conditions, terms, specifications and requirements of the RFP shall be just cause for the cancellation of the RFP award. The City may, by written notice to the Offeror, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of non-performance. 30. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Offeror, City may without cause and without prejudice to any other right or remedy, terminate the agreement for City's convenience whenever City determines that such termination is in the best interests of City. Where the agreement is terminated for the convenience of City, the notice of termination to Successful Offeror must state that the Contract is being terminated 13 City of Tamarac Purchasing & Contracts Division for the convenience of City under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, Successful Offeror shall promptly discontinue all work and, to the extent indicated on the notice of termination, shall terminate all outstanding subcontracts and purchase orders as they relate to the terminated portion of the Contract, shall refrain from placing further orders and/or contracting with subcontractors, and shall complete any continued portions of the work. 4 111611 a] I k" IC10111 i This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 32. AUDIT RIGHTS City reserves the right to audit the records of Successful Offeror, relating to this contract, at any time during the term of the Contract, and for a period of three (3) years after completion of contract. If required by City, Successful Offeror shall agree to submit to an audit by an independent Certified Public Accountant selected by City. Successful Offeror shall allow City to examine and review the records of Successful Offeror at any and all times during normal business hours during the term of the Contract. 33. ASSIGNMENT 33.1 Successful Offeror shall not assign, transfer or subject the Contract or its rights, title, interests or obligations therein without City's prior written approval. 33.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Offeror and City may, at its discretion, cancel the Contract. All rights, title, interest and obligations of Successful Offeror shall thereupon cease and terminate. 34. EMPLOYEES Employees of the successful Contractor shall at all times be under its sole direction and not an employee or agent of the City. The Contractor shall supply competent and physically capable employees. The City may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 14 City of Tamarac Purchasing & Contracts Division 35. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 36. GOVERNING LAW: The laws of the State of Florida shall govern this Agreement. Venue shall be Broward County, Florida. V. STATEMENT OF WORK A. SCOPE OF PROPOSAL The purpose of this Request for Proposals is to obtain the services of a qualified firm to install HVAC units on a Phased basis at Tamarac City Hall, on behalf of the City of Tamarac's Public Works Department, in conformity with all the Specifications contained herein. B. MINIMUM REQUIREMENTS Reference Paragraph 16, Qualifications of Proposers. C. PERFORMANCE SCHEDULE Reference Specification Section 01010, Summary of Work. Vill. PROPOSAL SELECTION The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection, as indicated in the following section. Vill. EVALUATION OF PROPOSALS A. EVALUATION METHOD AND CRITERIA A Selection/Negotiation Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating a contract. The Proposers with the highest -ranked submittals may or may not be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee. All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated 15 of Tamarac & Contracts Division without discussion. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the city. If City conducts presentations, firms will be assigned a final score, with the highest -ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. The City reserves the right to enter into contract negotiations with the highest ranked Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. The City's evaluation criteria may include, but shall not be limited to, the following: a. Compliance with Request for -Proposals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals. b. Quality of Response i. Clearly demonstrated understanding of the work to be performed. ii. Completeness and reasonableness of the offeror's plan/proposal for accomplishing the tasks. iii. Level of creativity demonstrated by the offeror's proposed methodologies for meeting the requirements of this proposal. c. Services to be Provided. This refers to the exact type and nature of the offeror's proposed services and how they accomplish the objectives of the project, as well as the ability to rapidly respond to the City's needs, as defined in the Evaluation Criteria set forth. d. Qualifications of the Contractor. Offeror's capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, and reliability which will assure good faith performance, as well as satisfactory reference verification. This criteria includes: i. The experience of the firm and its record on engagements of a similar nature, including the ability to serve in a similar capacity for other units of government or organizations. 16 City of Tamarac V Purchasing & Contracts Division ii. Personnel to be assigned to the project, and their education, capabilities, qualifications and experience with similar projects iii. Reference information gathered from other entities regarding the past experience of the firm; and iv. Other areas addressed in the Statement of Work herein. e. Costs (Price). This refers to the proposed contract fee. (Please note that price is only one factor for consideration of award). i. The offeror shall propose a not -to -exceed amount for complete execution of this project as detailed in the Specifications. ii. Lowest price proposal shall receive the 25 maximum points. Simple formula to be applied as illustrated below for others; Vendor "A" Price $20,000 100% X Weight = 25 Points 20,000 divided by 25,000 =80% Vendor "B" Price $25,000 80% X Weight = 20 Points 20,000 divided by 28,000 =71 % Vendor "C" Price $28,000 71% X Weight = 18 Points B. ACCEPTABLITY OF PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: Acceptable ; 2. Potentially Acceptable; that is reasonably susceptible of being made acceptable; or 3. Unacceptable. C. AWARD OF AGREEMENT Award shall be made by the City to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth herein below. The City of Tamarac reserves the right to accept the Proposal as a whole, or for any component thereof if it appears to be in the best interest of the City. 17 City of Tamarac Purchasing & Contracts Division Fell E. F. WEIGHTED CRITERIA Points will be assigned to each proposal based on the following weighted criteria: CRITERIA MAXIMUM POINTS 1. Compliance with Request for Proposal (Mandatory) N/A 2. Quality of Response 20 points 3. Services to be Provided 20 points 4. Qualifications of the Proposer/Expertise 35 points 5. Costs/(Price) 25 points These weighted criteria are provided to assist Proposers in the allocation of their time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of Proposers by establishing a general framework for those deliberations. Once the Proposals are evaluated, a "short-list" may be selected to make presentations to the Evaluation and Selection Committee, prior to a recommendation for award. DISCUSSIONS & PRESENTATIONS The short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluation of the submittals, and Proposers agree to furnish such information upon the City's request. All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations. Hence, proposals should be initially submitted on the most complete and favorable terms which offerors are capable of offering to the City. The Evaluation Committee may conduct discussions with any Proposer who submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, The Evaluation Committee reserves the right to request the Proposer to provide additional information during this process. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, 18 City of Tamarac Purchasing & Contracts Division additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. IX. PROPOSAL COPIES Return One (1) Original and Five (5) copies in an envelope marked with your firm's name and "RFP 05-15R, Phased Installation of HVAC Units at City Hall", to the City of Tamarac, Purchasing & Contracts Division, Room 108, 7525 NW 88th Avenue, Tamarac, Florida 33321, attention: James Nicotra, CPPB, Senior Procurement Specialis. Any addenda become part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly authorized expression. Also, only communications from Proposers that are signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. The Cost/Price proposal shall be submitted along with the Technical Proposal. Failure to include a complete Technical and Cost/Price Proposal may result in disqualification of the Proposal. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. 19 of Tamarac Purchasing & Contracts Division PROPOSALFORM RFP 05-15R PHASED INSTALLATION OF HVAC UNITS AT CITY HALL In full compliance with all specifications and schedules as contained in this Request for Proposal, Contractor agrees to provide all labor, equipment, accessories, insurance, bonds and supervision in a not to exceed amount as written below. PROPOSAL PRICE Not to Exceed Cost of: $ 5 Year All Inclusive Parts and Labor Warranty on: $ Compressors, Coils, Motors, (See Section 15010-2, PARA.1.08) VFD's, Contactors, TXVs, Electronic Controls and Associated Componenets. SUBMITTED BY: Company Officer: Company Name: Address: City: Telephone: FAX: Email: State: Zip: NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. 20 City of Tamarac NON -COLLUSIVE AFFIDAVIT State of )ss. County of deposes and says that: He/she is the Representative or Agent) of Offeror that has submitted the attached Proposal; Purchasing & Contracts Division being first duly sworn, (Owner, Partner, Officer, . the He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness 0 Printed Name Title 21 City of Tamarac Purchasing and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the _ day of 20 before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) 0 Personally known to me, or 0 Produced identification: (Type of Identification Produced) 0 DID take an oath, or 11 DID NOT take an oath 22 of Tamarac and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item (s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL E PARTNERSHIP [I CORPORATION F-1 OTHER [-1 If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax Company Name Address City, State, ZIP Federal Tax ID Number Email address for above signer (if any) Contractor's License Nu m---ber 23 City of Tamarac Purchasing and Contracts Division PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address City State Zip Telephone Fax Number 1 How many years has your organization been in business under its present name? Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes No If Yes, attach copy of Certification 5. Are you Licensed? Yes No If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes F-1 No D If Yes, explain: 7. Are you a Sales Representative D Distributor D Broker D or Manufacturer F-� of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes E No E] If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes 0 No [] If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes [] No E If yes, explain: 24 City of Tamarac Purchasing and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 25 of Tamarac Purchasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6, Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name 26 of Tamarac LIST OF SUBCONTRACTORS and Contracts Division . . .. ..... .... ........ . . . ... ... ....... .. ... .... - The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Subcontractor Contract License No. Name/Address 27 City of Tarnarac Purchasing and Contracts Division CERTIFIED RESOLUTION (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution, NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this , day of 20 (SEAL) LM Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corpration to do so in its behalf. 28 of Tamarac Purchasing & Contracts Division FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the — day of ____ - 1 20—, with OWNER for which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1 . Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713,01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 29 City of Tamarac Purchasing & Contracts Division 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of VAN I I kq 1*41-1 *1 Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: KV, Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone 30 of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT FORM PAYMENT BOND State of County of On this the day of , 20_, before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) a of (Title) (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) 0 Personally known to me, or 0 Produced identification: (Type of Identification Produced) El DID take an oath, or 0 DID NOT take an oath CERTIFICATE AS TO PRINCIPAL 1, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) 31 City of Tamarac Purchasing & Contracts Division FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, , as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars, ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of 20—, with OWNER for — which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR. 1 Fully performs the Contract between the CONTRACTOR and the OWNER dated - for the within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.2 Complete the Contract in accordance with its terms and conditions; or 32 � of Tamarac V Purchasing & Contracts Division 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of MIGMSO-M Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) 1 20_ Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above 33 City of Tamarac Purchasing & Contracts Division IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone 34 of Tamarac ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of & Contracts Division On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: of (Name of Corporate Officer) (Title) a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: ❑ DID take an oath, or ❑ DID NOT take an oath NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) 35 of Tamarac Purchasing & Contracts Division SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of _ 20 by and between the City of Tamarac, a municipal corporation with located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and_ a corporation with principal offices located at (the "Contractor') to provide for principal offices Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, RFP Document No. 05-15R including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. C) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. I of 7 of Tamarac Purchasing & Contracts Division d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than the RFP specified time frame. The work shall be substantially completed within to Proceed. 5) Contract Sum days from the date of issuance of said Notice The Contract Sum for the above work is Dollars and cents ($_). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoices. A retainage of ten percent (10%) will be deducted from monthly payments. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City 2 of 7 City of Tamarac Purchasing & Contracts Division and provide a written request to the City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits shall be processed before the warranty period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 8) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until substantial completion of the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 9) Indemnification 9.1. The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.2. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time, 10) Non-Discrim i nation The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 3 of 7 City of Tamarac Purchasing & Contracts Division 11) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice 1. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N,W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR 14) Termination 14.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 4 of 7 City of Tamarac Purchasing & Contracts Division 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement, 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 5 of 7 City of Tarnarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Date FTAIV a 111 *3 a Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date 6 of 7 City of Tarnarec STATE OF 141411U11r,9619 .(# Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT M1 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of 120— Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public 7 Personally known to me or F-1 Produced Identification Type of I.D. Produced DID take an oath, or DID NOT take an oath. 7 of 7 9/12/05 Technical Specifications Division 1 General Requirements 01010 Summary of the work 01140 Work Restrictions 01330 Submittal Procedures 01334 Shop Drawings, Product Data, and Samples Division 15 Mechanical 15010 General Provisions 15180 Insulation 15600 Heating, Ventilation, and Air Conditioning 15900 Testing and Balancing Air and Water Systems Division 16 Electrical 16010 General Provisions 16111 Raceways and Boxes 16120 Conductors 16180 Safety Switches, Circuit Breakers & Fuses 16190 Supporting Devices 16450 Grounding 16800 Electrical Utilization Equipment 9/12/05 Section 01010 — SUMMARY OF WORK PART 1 GENERAL 1.01 SUMMARY A. Limit use of site and premises to allow: 1 . Owner occupancy. 2. Use of site and premises by public. B, Coordinate use of site and premises under direction of City. C. Construction operations will be limited to areas specifically affected under this work. D. Assume full responsibility for protection and safekeeping of products under this work. E. City Hall building will be closed during construction operations. This project will be divided into two (2) separate phases. Phase 1: Included in this phase will be units ACS-1, ACS-2, and ACA-1. The work on these three (3) units will commence on the Martin Luther King Jr. holiday weekend. All three (3) units are connected to the same cooling tower. During the installation two (2) of these units which will be ACS-1 and ACS-2 shall be fully operational at the end of the City's selected three (3) day schedule. The remaining work to the third (3rd) unit, ACA-1 could be extended to Friday of that following week, but must be completed by the end of the business day. Preparation and removal work of the specified units could start 6:00 PM on the preceding Friday to facilitate the work schedule. Phase II: The second phase of this project will include units ACN-1 and ACN- 2 which will begin on President's Day weekend. Preparation and removal work could start at 6:00 PM on the preceding Friday to facilitate the work schedule. Both units will be fully operational at the end of the City's selected three day schedule. F. Contractor will be responsible for removal and re -installation of existing overhead plumbing, electrical, ducting in a restricted space on the second floor of the City Hall building. Removal and replacement of these HVAC units will be accomplished through a removable access roof. A crane will be needed to maneuver the old and new HVAC units. G. Contractor will be responsible for proper disposal of old HVAC units. Refrigerant shall be reclaimed from all five units receipt of proper disposal will be supplied by contractor. Summary of the Work Section 01010 - 1 9/12/05 H. Contractor shall keep non -authorized City Hall building personnel and the general public out of construction areas. I. Contractor shall clean areas outside of limits of construction as well as the immediate construction areas after their use. J. Contractor must provide a critical path work schedule prior to commencing work. City must approve such schedule. END OF SECTION Summary of the Work Section 01010 - 2 9/12/05 Section 01140 — WORK RESTRICTIONS PART 1 GENERAL 1.01 SUMMARY A. Contractor must provide a contingency plan in case all units would not be operational and running as planned in Section 01010. This plan shall contain explicit details and measures explaining how an alternate HVAC system would replace the scheduled -Tuesday -morning units as well as the third unit scheduled for Wednesday. The City must approve the contingency plan prior to any installation work. B. The mechanical rooms containing all (5) targeted units are space -restricted. The ceiling is significantly lower above one (1) of the units. This will affect the size and type of the replacement units as well as the methods of work. Access necessary to remove and replace the old units will be through a roof hatch. Drawings of existing conditions are provided for reference only. They are not guaranteed and shall be investigated and verified in the field by the contractor prior to bidding. C. Contractor will be responsible to field -verify all pertinent measurements including but not limited to, electrical, plumbing, ducting, room dimensions, ceiling clearance, and roof accessibility prior to work under this bid. This activity must be identified in the work schedule. D. Contractor will make sure all replacement equipment will operate with existing conditions and equipment including but not limited to, duct work, water- cooling flow, fire alarm system, and electrical system. Unanticipated field conditions due to Contractor's failure to pre -identify prior to installation will be rectified at Contractor's cost. E. Contractor will be responsible to disconnect and reconnect existing fire alarm system to operating conditions. F. The location of existing plumbing, electrical, and other pipes and/or conduits in the mechanical room that conflicts the targeted HVAC unit replacement. Restoration of those items may necessitate re-routing to reflect a more efficient layout, Contractor shall submit an intended layout of the restored mechanical room for approval by the City prior to the scheduled work. G. Work under this contract shall not dramatically impact the vehicular traffic in the area of this project. H. Submit a construction schedule explaining shut down procedures in detail. 1. Submit written notification 24 hours in advance of requested shut down. Work Restrictions Section 01140 - 1 9/12/05 1.02 PROTECTION OF PROPERTY A. Protect property that may be affected by construction Work or operations. B. Protect new and existing mechanical equipment from dust and debris. 1 - Protective measures shall be furnished, installed, lighted, maintained, and removed at the Contractor's own cost. C, Repair property damaged during construction. 1.03 WEATHER CONDITIONS A. Work that may be affected by inclement weather shall be suspended upon mutual agreement between the City and contractor until proper conditions prevail. 1. In the event of impeding storms, take necessary precautions to protect work, materials and equipment from exposure. 2. The City reserves the right to order that additional protection measures over and beyond those proposed by the Contractor, be taken to safeguard components of the project. 3. Do not claim compensation for precautionary measures so ordered, nor claim compensation from the City for damage to the work from the elements of weather. 1.04 FIRE PROTECTION A. Prevent fires at or adjacent to the work. B. Provide adequate fire extinguishers and hose line stations. 1.05 SAFETY& HEALTH REQUIREMENTS: Comply with Federal, State, and Local safety and health regulations. A. Provide barricades and flashing lights or other devices to warn pedestrians and area traffic. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION Work Restrictions Section 01140 - 2 9/12/05 SECTION 01330 — SUBMITTAL PROCEDURES 9TA12 a 01:4 1, 1:4 JOATAI I 1.01 SUMMARY: Prepare and submit documentation to support material, equipment, and work as required by the contract documents. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 HEADWAY: Unless otherwise specified or instructed, submittals under this contract shall be directed to the City. 3.02 TECHNICAL SUBMITTALS A. Miscellaneous 1. Submitted data shall be fully sufficient in detail for determination of compliance with the Contract Documents. 2. Review and acceptance of schedules, shop drawings, lists of materials, and procedures submitted or requested by the Contractor shall not add to the contract amount and additional costs which may result therefrom shall be solely the obligation of the Contractor. 3. The City is not precluded, by virtue of review, acceptance, or approval from obtaining a credit for construction savings resulting from allowed concessions in the work or supply of equipment and materials. 4. The City shall have no responsibility for the provision of engineering or other services to protect the Contractor from additional costs accruing from approvals or submittals. 5. No equipment or material for which listings, drawings, or descriptive material is required shall be purchased, fabricated, or installed until the City has, on hand, copies of approved lists, and the appropriately stamped final shop drawings. 6. Submittals will be acted upon by the City as promptly as possible and returned to the Contractor no later than the time allowed for review in the Shop Drawing Submittal Procedure. 7. Delays caused by the need for re -submittals shall not constitute reason for extension of the contract time. Submittal Procedures Section 01330 - 1 9/12/05 3.03 SHOP DRAWING SUBMITTAL PROCEDURE A. Shop Drawings Requirements: 1. Shop drawings as referred herein, shall include shops drawings and other submittals for both shop and field -fabricated items. 2. Submit, as applicable, the following for fabricated or manufactured structural, mechanical, electrical, and plumbing equipment and materials: a. Dimensions, size, and location of connections and weight of equipment. b. Catalog information and catalog data: i. Each separate catalog, brochure, or single page submitted shall have identification noted herein. ii. Catalogs or brochures submitted containing multiple items for approval; need the identification only on the exterior. iii. In these cases the identification shall include the pages and catalog item numbers. c. Setting plans or installation drawings for equipment, drives, and bases. d. Supporting calculations for equipment and associated supports, or hangers required or specified to be designed by equipment manufacturers. e. Complete manufacturer's specifications, including materials description and paint system. f. List of materials and supplies furnished with the equipment. g. Special handling instructions. h. Requirements for storage and protection prior to installation. i. Requirements for routine maintenance required prior to start up. j, List of requested exceptions to the Contract Documents, Submittal Procedures Section 0 1330 - 2 MR711M B. Identification Data: 1. Submittals for approval shall have the following identification data, as applicable, contained thereon or permanently adhered to thereto: a. Project name and location JeWne MT M TMM c. Subcontractor's vendor and/or manufacturer's name and address. d. Product identification e. Shop drawing title, drawing number, revision number, date of drawing and revision. f. Applicable contract drawings and specifications section numbers. g. A vacant space, 6-inches by 4-inches, shall be provided to receive the Engineer's review stamp. C. Contractor's Responsibility 1 . Submittal of shop drawings or catalog data, bearing the Contractor's approval stamp, represents that the Contractor has determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data, or will do so, and that he has checked and coordinated each item with other applicable approved shop drawings and the Contract requirements. a. Shop drawings and catalog data submitted without the Contractor's stamp of approval shall be returned to the Contractor without review. 2. Approval of shop drawings, samples, or catalog data by the City shall not authorize deviation from the requirement of the Contract Documents nor shall this approval relieve the Contractor from responsibility for errors or omissions therein. D. Shop Drawing Review 1 . The City shall have ten (10) working days to review shop drawings. END OF SECTION Submittal Procedures Section 0 1330 - 3 Kip,71IR SECTION 01334 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES PART 1 GENERAL 1.01 SUMMARY A, Submit to the City for review, such working drawings, shop drawings, test reports and data on materials and equipment, and material samples as are required for the proper control of work, including but not limited to those working drawings, shop drawings, data and samples for materials and equipment specified elsewhere in the specifications and in the Contract Drawings. B. Submit five (5 - copies of shop drawings or other data to the City. C. Submit to the City a complete list of preliminary data for which shop drawings are to be submitted. 1 . Submit in a timely manner after the effective date of the Notice to Proceed. 2. Included in this list shall be the names of proposed manufacturers furnishing specific items. D. Review of this list by the City shall in no way expressed or implied relieve the Contractor from submitting complete shop drawings and providing materials, equipment, fully in accordance with the specifications. E. Designate in the construction schedule the dates for submission and the dates that reviewed shop drawings, working drawings and samples will be needed. 1.02 CONTRACTOR'S RESPONSIBILITY A. Check drawings, data and samples prepared by or for him before submitting them to the city for review. 1 . The drawings and data sheets shall bear Contractor's stamp, 2. Shop drawings shall indicate deviations in the submittal from requirements of the Contract Documents. B. Determine and verify: 1 . Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance and specifications Shop Drawings, Product Data, and Samples Section 01334 - 1 9/12/05 C. Furnish the City a schedule of shop drawing submittals fixing the respective dates for the submission of shop and working drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment. 1 . This schedule shall indicate those that are critical to the progress schedule. D. Begin no work covered by a drawing, data, or sample returned for correction until a revision or correction thereof has been reviewed and returned to Contractor, by the City approved. E. Accept responsibility for and bear cost of damages, which may result from the ordering of material or from proceeding with part of work prior to the review by City of the necessary shop drawings. 1.03 CITY'S REVIEW OF SHOP DRAWINGS A. The City's review of drawings, data and samples submitted by the Contractor will cover only general conformity to the specifications, external connections, and dimensions, which affect the installation. 1 . The City's review will not constitute an approval of dimensions, quantities, and details of the material, equipment, device, or item shown. B. The review of drawings and schedules will be general, and shall not be construed: 1. As permitting departure from Contract requirements; 2. As relieving the Contractor of responsibility for errors, including details, dimensions, and materials; 3. As approving departures from details furnished by the City, except as otherwise provided herein. C. If the drawings or schedule as submitted describe variations and show a departure from the Contract requirements which the City finds to be in the best interest of the City and to be minor as not to involve a change in the contract price or time for performance, the City may return the reviewed drawings without noting an exception. D. When reviewed by the city, each of the shop drawings will be identified as having received such review so stamped and dated. 1 - Shop drawings stamped "REJECTED" and with required corrections will be returned to the Contractor for correction and re -submittal. Shop Drawings, Product Data, and Samples Section 01334 - 2 9/12/05 E. Re -submittals will be handled in the same manner as the first submittals. 1 . On re -submittals, direct specific attention, in writing or on re -submitted shop drawings, to revisions other than the corrections requested by the City on previous submissions. 2. Make corrections required by the City. F. If the Contractor considers correction indicated on the Drawings to constitute a change to the contract drawings or specifications, give written notice thereof to the City. G. The City will review a submittal/re-submittal a maximum of three (3) times after which cost of review will be borne by the Contractor. H. When the shop drawings have been approved, carry out the construction in accordance therein and make no further changes therein except upon written instruction from the City. No partial submittals will be reviewed. They will be considered "Rejected." 1.04 SHOP DRAWINGS A. When used in the Contract Documents, the term "shop drawings" shall be considered to mean Contractor's plans for material and equipment, which become an integral part of the Project. B. If drawings show variations from Contract requirements because of standard shop practice or for other reasons, describe such variations in the letter of transmittal. 1 . Contractor shall not be relieved of the responsibility for executing the work in accordance with the Contract, even though such drawings have been reviewed, if the Contractor fails to describe such variations. 1.05 WORKING DRAWINGS A. When used in the Contract Documents, the term "working drawings" shall be considered to mean the Contractor's plans for temporary structures such as support of utilities, and such other work as may be required for construction, but does not become an integral part of the project. B. Working drawings shall be signed by a Registered Professional Engineer, currently licensed to practice in the State of Florida and shall convey, or be accompanied by, calculation or other sufficient information to completely explain the structure, machine, or system describe and its intended manner of use. Shop Drawings, Product Data, and Samples Section 01334 - 3 9112/05 1.06 SAMPLES A. Furnish, for approval of the City, samples required by the Contract Documents or requested by the City. 1. Delivered to the City as directed. 2. FOB Public Works Department inTamarac. 3. Shall not be used in work until approved by the City. B. Samples shall be of sufficient size and quantity. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION Shop Drawings, Product Data, and Samples Section 01334 - 4 9/12/05 SECTION 15010 - MECHANICAL GENERAL PROVISIONS Part 1 GENERAL 1.01 REFERENCE: The provisions General Terms & Conditions apply to this section. 1.02 WORK INCLUDED: Furnish all materials, equipment, labor, supervision and all related items necessary to remove (5) existing 25-ton water-cooled HVAC units and to replace with specified components under this bid. 1.03 SUBMITTALS: A. ShopDrawings: Submit five (5) copies for approval as indicated. Submitin complete groups, loose-leaf bound and indexed, including descriptive date, catalog cuts, diagrams, connection details, wiring, dimensions, material and finishes. B. Manufacturer's Data: Submit manuals for City approval. Manuals shall include operating and maintenance instructions, parts lists, manufacturers and local supplier's addresses and pertinent descriptive data. Manuals shall be loose-leaf bound and indexed. 1.04 DRAWINGS: A, Drawings are schematic showing relative locations and connections and shall not be scaled for exact locations. Unless specific dimensions are shown, the structural, architectural and site conditions shall govern the exact locations. Should any difficulty occur in the running of piping or ducts, setting of devices or connections at point shown, provide necessary deviations there -from as approved, without additional cost to City. B. As -built Drawings and Records: Maintain a complete set of mechanical prints for indicating all changes. Use colored pencil or pen to make changes at the time of execution. Deliver set to City prior to issuance of final paymen . 1.05 EXISTING UTILITIES: The extent and location of utilities as shown on plans are not guaranteed and shall be investigated and verified in the field by Contractor. The Contractor is responsible for and shall promptly repair, at his expense, any and all damage to existing Structures and utilities. 1.06 CODES AND STANDARDS: A. Meet requirements and recommendations of applicable portions of the latest editions of the following: 1 . American Society of Mechanical Engineers: ASKE. 2. American Society of Testing and Materials: ASTM. 3. United States of America Standards Institute: USAS. Mechanical - General Provisions Section 15010 - 1 9/12/05 4. American Water Works Association: AWWA. 5. National Fire Protection Association: NFPA. 6. Sheet Metal and Air Conditioning Contractors National Association: SMACNA. 7. American Society of Heating, Refrigeration Conditioning Engineers: ASHRAE. 8. American Gas Association: AGA. 9. National Sanitation Foundation: NSF 10. Occupational Safety and Health Act: OSHA. 11. American Welding Society: AWS. 12. American National Standards Institute: ANSI 13. South Florida Building Code. B. The above standards and codes are used as a minimum design criterion and no reductions will be permitted, even if allowed by applicable codes, without written permission of City. 1.07 PERMITS AND FEES: Contractor shall secure all necessary permits and inspections required for the work. City shall waive City Permit fees. 1.08 MAN UFACTURER'S/CONTRACTOR'S WARRANTY: All new equipment shall have a one (1) year parts and labor warranty. Refrigeration compressors shall have a five (5) year parts warranty. Contractor shall also provide an option for a 5-year parts and labor warranty on - the compressors, coils, " motors— vfd's contactors,txv's,electronic controls and all other associated components. 1.09 SERVICE AND MAINTENANCE: A. GENERAL: 1. Performance of Repairs: The performance of replacements required shall be accomplished as promptly as possible to prevent any closing of building functions. This includes overtime work required to make emergency repairs as promptly as possible. In some -instances, repairs would only be allowed on weekends or holidays, not to disturb normal City functions during regular weekdays. 2. Inspections: During the warranty period, the City shall conduct regular inspections and a City and Contractor year-end inspection to determine if the equipment and services provided under this bid have been properly performed. Any evidence of improper performance of equipment and services may result in prompt notification of the Contractor's bonding company if deficiencies are not resolved in a satisfactory manner. B. OPERATING AND MAINTENANCE INSTRUCTIONS: 1. General: Contractor shall provide two complete operating and maintenance instructions for each piece of equipment, bound in book form, shall be given to the City. Mechanical - General Provisions Section 15010 - 2 KiPWIR 2. Operating instructions: complete operating piece of equipment, showing safely starting and stopping the system shall be prepared in typed form and mounted on a board with Plexiglas cover beside the wiring and control diagrams. The board shall be posted at a location designated by the City. 3. Wiring and Control Diagrams: Approved wiring and control diagrams shall be posted on a board with Plexiglas cover beside the operating instructions for each system. 4. Maintenance Instructions: A schedule of each piece of equipment shall be provided by the Contractor, which gives instructions for servicing each item, and the date it is to be done. C. MAINTENANCE PROVIDED: 1. General: All air conditioning equipment shall be properly maintained on a regular basis by City licensed -staff during the warranty period. 2. Service Reports. Shall be available at the contractors request. PART 2 PRODUCTS 2.01 MATERIALS: A, Materials and equipment shall be new, unused standard and current products by manufacturers regularly engaged in the production of such equipment and shall bear label of the Underwriters' Laboratory for the intended use or shall be materials approved by the City. B. Substitutions must be requested in conformance with General Conditions of these specifications. C. All hardware and accessory fittings shall be of a type designed, intended or appropriate for use and complement items with which they are used, and shall have corrosion protection suitable for atmosphere in which they are installed. All such hardware shall be U.S. Standard sizes. D. Equipment of a similar nature shall be identical and fit allotted space provided. E. Store and protect all materials from injury. Materials shall not be stored directly on ground or floor and shall be kept clean and dry, free from deterioration by elements. Damaged materials shall not be installed. All major components must be stored on site at least two_C21days prior to any installation. The City will Mechanical - General Provisions Section 15010 - 3 giv&iol designate storage area the contractor will be responsible for the components stored in this area. F. All equipment and materials shall be set level, aligned, secured firmly in place and bolted together, where in sections, and installed complete. G. All fastening devices shall be made up tight. H. Follow installation directions and recommendations of material and equipment manufacturers. 1. Materials damaged during installation shall be repaired to a new condition or shall be replaced. Finished on equipment which have been scratched or marred shall be touched up to match original finish or shall be completely refinished. The Ci!y shall be the sole judge of acceptability. J. All enclosures, access panels, cabinets, fixtures and all other exposed equipment or accessories shall be factory painted, except the drain pan. The drain oan must be double-slooed and constructed of stainless steel. K. Group mounted items shall be similar in finish and color. a, -Al :4 94,11114AV *6111111156] ki I 3.01 GENERAL: A. Contractor must commence his work as soon as work has been granted. Installation cannot be conducted durina-any other City -selected 3-day holiday. The three day weekends will be Martin Luther King f Phase 11 and Presidents Day fPhase Ill. B. Locations of equipment and piping may be shown on drawings in certain positions; Contractor shall be guided by the City details and conditions existing at job, correlating this work with that of others and shall carefully examine any existing conditions, existing piping and premises and compare the contract documents with existing conditions. C. Location of electrical outlets, piping, ducts, ceiling diffusers, etc. shall be coordinated before material or equipment is installed so that there will be no interference. In case interference develops, the City will decide which equipment shall be relocated at no cost to the City, regardless of which equipment was installed first. D. Contractor shall check all electrical control connections of equipment furnished under this section of the specifications to insure proper operation of equipment. Mechanical - General Provisions Section 15010 - 4 1461PARR E. Submittal of bid shall indicate the Contractor has included all required allowance in his bid. No allowance shall be made for any error resulting from Contractor's failure to visit job site and to review drawings. 1 - Layout: work lines and established heights shall be in strict accordance with plans and specifications. 2. Cutting and Patching: Cut and rough patch, as necessary, for installation of work. Seal all openings around piping. 3. Water -proofing: Where work must pierce waterproofing, it shall be done with care and after item piercing water -proofing has been set in place, the opening made for this purpose shall be sealed and made absolutely waterproof. 4. Balancing: All systems under this section shall be fully balanced before final acceptance to achieve optimum performance characteristics. F. Provide connections to all equipment furnished by City and/or Contractor, including materials and necessary appurtenances required to complete the installation. 3.02 CLEANING UP: A. Contractor shall, at all times during the progress of work, keep the premises free from accumulations of waste material or rubbish caused by his work. In case of dispute, City may remove the rubbish and charge the cost to the Contractor. B. Upon completion of the work, the Contractor, shall remove all rubbish and excess material accumulated as a result of the construction; also Contractor shall remove all tools, machinery and equipment from the job site, C. All equipment installed shall be wiped clean of dust and debris before final acceptance. 3.03 ACCESS PANELS: Install access panels as required for maintenance, adjustment, removal and repair of concealed valves, equipment and like items. Panels to be conveniently located and of sufficient sizes. Contractor shall coordinate all locations with City before installation. END OF SECTION Mechanical - General Provisions Section 15010 - 5 9/12/05 SECTION 15180 INSULATION PART I GENERAL 1,01 GENERAL REQUIREMENTS: The General Term & Conditions and General Provisions Section 15010, are hereby made a part of this Section of the Specifications. A. Related Work Specified Elsewhere: 1. General Provisions: Section 15010 2. Heating, Ventilating, and Air Conditioning: Section 15600 1.02 QUALITY ASSURANCE: The following codes and regulations shall, in addition to those listed in Section 15010 apply to the work and materials covered by this Section. 1. National Fire Protection Association: a. No. 703 - Fire Retardant Treatments of Building Materials. b. No. 255 - Building Materials Test of Surface Burning Characteristic. 2. American Society for Testing and Materials: a. NO.E8475 - Method of Test for Surface Characteristics of Building Materials. 3. Underwriters' Laboratories - 723. 1.03 SUBMITTALS: Catalog cuts, performance data. PART 2 - PRODUCTS 2.01 INSULATION: Shall be of type and thickness as Federal, State, and Local Building Code requires for different applications. Insulation and adhesives shall be either fire retardant or self -extinguishing. Finishing jackets shall have a flame spread rating of no more than 25 and a maximum smoke developed rating of 50 (ASTM E 84) as rated by Underwriter's Laboratories, Inc. 2.02 PIPING INSULATION: Condensate Lines: Drain lines shall be copper and shall be wrapped with Y2" wall insulation. 2.03 DUCTWORK INSULATION: Air conditioning ducts shall be insulated with R-6 wrapped insulation. Insulation Section 15180 - 1 9/12/05 PARTS 3 - EXECUTION 3.01 Provide insulation over clean dry surfaces with joints firmly butted together. For pre -sized glass cloth or vapor barrier jackets longitudinal lap shall overlap not less than 1-1/2 inch. Butt joints shall be wrapped with a 3-inch wide strip of the same material as jacket. 3.02 INSULATION shall be as specified herein and as per manufacturer's recommendations. 14►1axe] �01*09 M 4 Insulation Section 15180 - 2 9/12/05 SECTION 15600 - HEATING VENTILATING AND AIR CONDITIONING PART1-GENERAL 1.01 GENERAL REQUIREMENTS: The General Terms & Conditions and general provisions Section 15010 are hereby made a part of this Section of the Specifications. 1.02 WORK INCLUDED: This Section is intended to describe complete systems of air conditioning, ventilating, and all components thereof. Systems shall meet requirements of applicable codes and regulations and shall be complete in every respect. 1.03 ADDITIONAL APPLICABLE CODES: Following codes and regulations shall, in additional to those listed in Section 15010 apply to work and systems under this Section. 1. National Fire Protection Association: a. No. 90A - Air Conditioning and Ventilation Systems. b. No. 91 - Blower and Exhaust Systems. c. No. 101 --Life Safety Code. 1.04 RELATED WORK SPECIFIED IN OTHER SECTIONS: A. Insulation - Section 15180 B. Electrical Wiring - Section under Division 16 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery: Deliver products to job site in their original unopened containers clearly labeled with the manufacturer's name and brand designation, referenced specification number, type, and class as applicable. Components must be on site at least two (2) days -prior to installation. The City reserves the right to inspect the components at the Contractor's site if needed prior to deliygry. B. Storage: Store products in City designated storage area; protect from contact with soil and from exposure to the elements. Keep products dry at all times. C. Handling: Handle products in a manner that will prevent breakage of containers and damage to products, Heating, Ventilation, and Air Conditioning Section 15600 - 1 Mi PIPT-1 PART 2- PRODUCTS 2.01 INSULATED SHEET METAL WORK: (Low Velocity) supply and return ducts. All fresh air intake & exhaust air systems. A. Duct gauges for sheet metal work shall conform to Table SMACNA manual, except no plain "Y or hemmed "Y will be allowed on ducts over 16". Longitudinal seams shall be of Pittsburgh Lock. B. Angle reinforcement shall be on 4 foot centers for all ducts over 48 inches wide. Angles shall be located at the center of cross -break on all four sides of duct. C. Duct hangers shall conform to applicable codes. D. Turning vanes shall be installed in all bends over degrees where inside radius of duct bend or duct segment bend is less than the difference between the inside and outside radius. Angle duct bends shall not be used. Turning vanes over 16" long shall be double thickness air oil type. All bends and duct raises shall be O.G. type fittings or radius elbows, E. Sheet metal duet connections to each vibration isolated equipment item shall be made with fireproof flexible connections. Flexible connectors outdoors shall, be neoprene glass cloth reinforced fabric securely fastened to metal connectors. Indoor flexible connections may be glass fabric, treated heavy canvas fabric suitable for duct air pressures with securely attached metal connectors. 2.02 EQUIPMENT: Single Package Cooling Units: 1. Base'unit: a. Unit: self-contained 25-ton water-cooled unit mounted on existing floor. Unit shall have a stainless steel drain pan. A/C S-1 & A/C S-2 shall have a variable frequency drive and A/C A-1 shall have a constant volume.ACN-1 & ACN-2 shall have variable freg.drives. b. Compressors: Scroll type compressor, complete with vibration isolators and crankcase heaters. Coils to be aluminum plate fins mechanically bonded to copper tubes. Provide with a filter -drier and refrigerant charge indicator. Provide removable liquid line core dryers (space permitting). c. Fans and Motors: Indoor air fans to be forward -curved, centrifugal, belt driven type. Rust -proof coating or stainless steel. d. Unit Cabinet: Constructed of galvanized steel, and coated with baked enamel and insulated on interior. Cabinet panels to be easily removable for service access from all sides to all operating components. Heating, Ventilation, and Air Conditioning Section 15600 - 2 9/12/05 e. Unit Connections: Unit cooling power supplied by single -point terminal connections. Provide unit with suitable openings for routing of all utility connections. Unit shall be designed to use a 3-phase, 460V power source. f. Manufacturer: Unit shall be manufactured by Carrier, Trane or approved equal (see Standard Terms & Conditions, Para. 4.3 for how to submit "or equal" units). g. Contactors and Starters: Furnish magnetic contactors; and starters for all motors specified. Wind holding coils for starters with proper voltage and phasing for motor: each unit having a manual reset and at least one auxiliary contact. 2.03 OUTSIDE AIR INTAKES: Outside air intakes shall be of sizes and types to meet current standards. 2.04 VIBRATION ISOLATION: Provide properly loaded vibration control equipment for 99% efficiency, 2.05 ACCESS DOORS: Furnish and install access doors to permit inspection, operation and maintenance. Provide access from all sides on each HVAC unit. 2.06 ELECTRICAL CO-ORDINATION: Furnish in ample time the electrical characteristics and location of electrical connections for each item of equipment and control. Furnish approved diagrams for all systems under this Section. Furnish those items to City. 2.07 AUTOMATIC TEMPERATURE CONTROLS: A. Control shall be accomplished through the use of a facto ry-i n sta lied, microprocessor -based control system and associated electronic and electrical hardware. Control system shall determine control sequences through monitoring the following operational variables: 1. Day and time 2. Schedule (u n occu pied/occu pied) 3. Set points (unoccupied/occupied, duct pressure, others) 4. Space Temperature 5. Unit supply -air temperature 6. Unit return -air temperature 7. Supply -air fan status 8. Accessory and/or field -supplied sensors, function switches and/or signals. B. Controls shall be capable of performing the following functions: 1 . Compressor staging: Capacity control based on discharge -air temperature and compressed by rate of change of return -air temperature (VAV-Variable Air Volume). Heating, Ventilation, and Air Conditioning . Section 15600 - 3 9/12/05 2. Diagnostic display module: Perform a quick test to check the status of all input and output signals to the control system. 3. Variable frequency drive: Supply fan volume control shall control output to maintain duct static pressure at user -configured set point. 4. Alerts and Alarms: Control shall continuously monitor all sensor inputs and control outputs to ensure safe and proper system operation. Alerts shall be generated whenever sensor conditions have gone outside user - configured criteria for acceptability. Alarms shall be initiated when unit control detects that a sensor input value is outside its valid range (indicating a defective device or connection that prevents full unit operation), that an output has not functioned as expected, or that a safety device has tripped. A minimum of twelve (12) alerts and forty (40) alarms shall be available. Current alarms shall be maintained in status function; up top 9 (current or reset) shall be stored in histo[y function or recall. 5. Display in metric units: Display may be configured to display data in Metric or English (imperial) units of measure. C. Keypad/Display Module (HSIO): Module shall provide hardware necessary for human interface with the unit integrated system controls. Module shall contain a keypad for interactive communication. Display shall be 2-line, backlit alphanumeric liquid crystal display (LCD). Each line of the LCD shall display up to 24 characters (with expanded scrolling display capability). Keypad shall contain 12 numeric keys, 6 function keys, and 4 operative keys. Module shall contain RJ-14 data cable connection for simple installation and to facilitate remote location installation. Module shall be powered by the unit's 24V control circuit. D. Installation: 1. Furnish and supervise the installation of a complete electric/electronic system of temperature control for the HVAC system as specified herein. All controls shall be fully adjustable to fleet job conditions. 2. The temperature control manufacturer shall submit 7 copies of complete temperature control diagrams with written "Sequence of Operation" and factory -printed specification data sheets covering each control device proposed to be used for the City's approval prior to installation of any equipment or part of system. Submittal data shall include a schedule of all devices to be installed. Deviations from the specified sequence of operation will not be permitted without prior approval of the City. 3. Installation of control equipment and all wiring, incidental to the temperature control system including electrical interlocks, shall be provided by the HVAC contractor. Heating, Ventilation, and Air Conditioning Section 15600 - 4 9/12/05 4. Detailed control wiring diagrams and necessary Supervision shall be provided by the control manufacturer. 5. The term "wiring" shall include wire, conduit, miscellaneous material and labor required for mounting and wiring electrical control devices. E. Service and Guarantee: 1. After completion of the installation, control manufacturer shall completely adjust all control equipment provided under his contract, place the system in operation subject to the City's approval and instruct the operating personnel in the operation of the control system. 2. The control manufacturer shall guarantee the control system installed under this Section of the Specification to be free from defects in workmanship and material under normal use and service for a period of one (1) year after acceptance by the City. The control manufacturer at no charge to the City shall correct any defects in workmanship or material during this time. F. Scope: The control specification is intended to cover the automatic control of all systems. PART 3 EXECUTION 3.01 INSTALL: All equipment, accessories and materials in accordance with manufacturers published recommendations. W$MWGJJW1AJkJJJjJ 'J ,[eY9JWBJ1JQJT , kyJ91 []',, A. The open ends of all unfinished sections of ductwork including fan outlets, tappings for air outlets, etc., shall be properly capped at all times during construction, unless the particular section of ductwork is actually being worked on. B. The requirements for capped duct openings shall continue until plastering or equivalent finishing operations in the building are completed. C. If the above requirements have not been strictly enforced during the construction period, the Heating Ventilating and Air Conditioning contractor will be required to cover all air outlets with cheesecloth and blow out the duct system to the satisfaction of the City. END OF SECTION Heating, Ventilation, and Air Conditioning Section 15600 - 5 9/12/05 SECTION 15900 TESTING AND BALANCING AIR AND WATER SYSTEMS PART 1 GENERAL 1.01 CONDITIONS AND REQUIREMENTS: A. For the entire project: New A/C units AC A-1 (Chambers), AC S-1, AC S-2, AC N-1 & AC N-2,City will pre -approve Test and Balance contractor. B. The General Terms and Conditions, Supplementary Conditions and Division 1 - General Requirements apply. 1.02 SECTION INCLUDES: A. Preparation of Test and Balance Report. B. Measurement and setting of air and water flow. C. Measurement of final performance of HVAC systems. D. Sound measurement of equipment during operation. E. Vibration measurement of equipment during operation, 1.03 GENERAL REQUIREMENTS: A. Test and Balance Services: Work Required: 1 - Attend Pre -Test and Balance Conference. Measure final performance of HVAC systems. Measure sound and vibration of equipment during operation. Provide measurement and setting of air and water flow as provided and specified for the air and water systems, recording data, making tests, and preparing reports. Coordinate and implement test and balance procedures, B. Test and Balance Reports and Substantial Completion Inspection: 1 . Work Required: Submit Test and Balance Report. Facilitate and cooperate with City's verification of Test and Balance Reports. Adjust and correct systems for retesting and balancing as required based City's verification of Test and Balance Report. Resubmit Test and Balance Report reflecting system adjustments, corrections, and compliance with required performance. Facilitate and cooperate with the City's verification of resubmitted Test and Balance Reports, Conduct final testing and systems demonstration during engineer's substantial completion inspection. Mark final system and device settings. 1.04 REFERENCES: Contractor may use any industry -approved documentation approved by the City. The following are provided as examples: Testing and Balancing Air and Water Systems Section 15900 - 1 9/12/05 A. AABC - Associated Air Balance Council, 1000 Avenue, N.W., Washington, D-C, 20005 - National Standards for Field Measurements and Instrumentation - Total System Balance, Volume Two, No. 12173, or latest edition. B. ANSI -American National Standards Institute,1430 Broadway, New York, New York 10018 - S1.4 Specifications for General Purpose Sound Level Meters; S1.1 1 - Specifications for Octave, Half -Octave, and Third Octave Bank Filer Sets, or latest edition. C. ASHRAE - American Society of Heating, Refrigerating and Air Conditioning Engineers, 1791 Tullie Circle, N.E., Atlanta, Ga. 30329 - ASHRAE Research Report No. 1162, Air Flow Measurements at Intake and Discharge Openings and Grilles, ASHRAE Transactions, Volume 46; ASHRAE Handbook of Fundamentals, 1985; ASHRAE 1984 Systems Handbook: chapter 37, Testing, Adjusting, and Balancing, or latest edition. D. NEBB - National Environmental Balancing Bureau, 8224 Old Courthouse Road, Vienna, VA 22180; Procedural Standards for Testing, Balancing, and Adjusting of Environmental Sections, or latest edition. 1.05 DEFINITIONS: A. Adjust: To regulate the specified fluid rate and air patterns at the terminal equipment (e.g. reduce fan speed, throttling). B. Balance: To proportion flows within the distribution system (sub -mains, branches, and terminals) in accordance with specified design quantities. C. Building Project: The general construction project under which the mechanical systems rewiring these Testing and Balancing Services were installed. D. Procedure: Standardized approach and execution of sequence of work operations to yield reproducible results. E. Report Forms: Test Data Sheets arranged for test data in logical order for submission and review. Data should also form the permanent record that shall be used as the basis for any future testing, adjusting, and balancing required. F. Test and Balance Subcontractor: a subcontractor, or independent Test and Balance Agency responsible for the testing and balancing of the project. 1.06 SUBMITTALS: A. Submit Test and Balance Reports as a submittal to the City, B. Identify Project, Project Phase, Project Location, and subcontractor or Test and Balance agency as applicable. Testing and Balancing Air and Water Systems Section 15900 - 2 9/12/05 C. Qualifications: 1 . Provide certification and documentation of Test and Balance subcontractor's experience and approval (certification) by the Associated Air Balance Council or the National Environmental Balancing Bureau, 2. Provide documentation of supervising Engineer's current Professional Registration in the State of Florida when a consulting engineer is providing the test and balance services. D. Test and Balance Report: 1. Provide five (5) copies, each bound in separate soft cover, letter size, black, 3-ring binder complete with index page and indexing tabs, with cover identification at front and at binding edge. 2. Include all completed Report Forms. 3. Identify items not conforming to the Contract Documents and any deficient operation or design deficiency. 4. Provide Contractor's certification that all systems and components meet or exceed required operational and performance except for deficiencies noted as required above. 5. Provide accurately recorded locations of flow measuring stations, balancing valves, and rough settings, 6. Revise and resubmit certified Final Test and Balance Report as required to accurately record results of any readjustment or retesting required as a part of City's verification and acceptance. 1.07 REPORT FORMS: Submit preliminary and final reports on standard forms. Include the following information: A. Title page: 1 - Contractor Name 2. Contractor Address 3. Contractor Telephone Number 4, Project Name 5. Project Address B. Instrument List: 1 . Instrument 2. Manufacturer 3. Model 4. Serial Number Testing and Balancing Air and Water Systems Section 15900 - 3 9/12/05 5. Range 6. Calibration Date C. Air System Data: For each air conditioning unit include: 1. Equipment fan or factory fabricated station unit: a. Installation data to include: 1. Manufacturer and model 2. Size 3. Arrangement, discharge, and class 4. Motor HP, voltage, phase, cycles, and full load amps. b. Design data as listed in schedules on building project contract documents (drawings and specifications). c. Fan recorded (test) data: 1. C.F.M. (maximum and minimum) 2. Static pressure (record only where total system delivery cannot be checked by measuring velocity in main circuit) 3. R, R M. 4. Motor operating amps 5. Motor operating B.H.P. 2. Duct System: Duct air quantities (maximum and minimum) - Main, sub mains, branches, outdoor air, and total air: 1. Duct sizes 2. Number of pilot tube (pressure) measurements. 3. Recorded (test) C.F,M. 4. Design C.F.M. D. Waste System Data: For each water system include the data listed: 1. Air cooling equipment: a, Design data: 1. Load in Btu or MBu 2. G. P. m. 3. Entering and leaving water temperature 4. Entering and leaving air conditions (drybulb/wetbulb) 5. C. F. M. 6. Water pressure drop b. Recorded data: 1 . Type of equipment and identification (location or number designation) 2. Entering and leaving air conditions (drybulb/wetbulb) 3. Entering and leaving water temperature 4. G.P.M. (if metered) Testing and Balancing Air and Water Systems Section 15900 - 4 9/12/05 5. Temperature rise or drop c. Recorded data (condenser water): 1 - G.P.M. 2. Water pressure drop 3. Entering and leaving water temperature 4. Amperes E. Submit certification that air and water systems meet or exceed specified requirements. 1.08 QUALITY ASSURANCE: A. Test and Balance Agency: Individual or company specializing in the adjusting and balancing of specified systems with a minimum of five years documented -experience. Perform Test and Balance Services under the supervision of a mechanical engineer currently registered in the State of Florida, an AABC Certified Test and Balance Engineer, of NEBB Certified Testing, Balancing, and Adjusting Supervisor. Other individuals may be submitted as proposed test and balance agents with documentation of a minimum of 10 years continuous test and balance experience dating from the date of these Contract Documents. Submit documentation for agency's Professional Engineer's registration, certification by AABC or NEBB, and required work experience. B. Total System Balance: Perform in accordance with AABC National Standards for Field Measurement and Instrumentation, Total System Balance; NEBB Procedural Standards for Testing, Balancing, and Adjusting of Environmental Systems; or ASHRAE - 1984 Systems Handbook. 1.09 REGULATORY REQUIREMENTS: Conform to all federal, State, and Local codes for design calculations and HVAC system operating parameters. PART 2 PRODUCTS - NOT USED PART 3 - EXECUTION 3.01 EXAMINATION: Before commencing work, verify that systems are complete and operable. Ensure the following: 1 - Equipment is operable and in a safe and normal condition. 2, Temperature control systems are installed complete and operable. 3. Proper thermal overload protection is in place for electrical equipment. 4. Final filters are clean and in place. 5. Duct systems are clean of debris. 6. Correct fan rotation. 7. Fire and volume dampers are in place and open. 8. Coil fans have been cleaned and combed. Testing and Balancing Air and Water Systems Section 15900 - 5 411101111101 9. Access doors are closed and duct end caps are in place. 10. Air outlets are installed and connected. 11. Duct system leakage has been minimized. 12. Hydronic systems have been flushed, filled, and vented. 13. Correct pump rotation. 14. Proper strainer baskets are clean and in place. 15. Service and balance valves are open. 'kJQ0M � [1:4 :TAJ ZfA'J I I* I A. Provide instruments required for testing, adjusting, and balancing operations. Make technicians and instruments available to City to facilitate spot checks during testing. B. Provide additional balancing devices as required. C. Protect all building elements, components, and finishes from damage or disfiguration. 3.03 SYSTEM PRE -TEST OPERATION: A. Operate all systems for a minimum period of 72 hours prior to conducting testing and balancing services. B. Prior to system start-up, conduit pre -test and balance conference on site to insure that all examination and preparation items listed above have been completed and corrected and that all systems are fully prepared to be tested, adjusted, and balanced. 3.04 AIR SYSTEM PROCEDURES: A. Fan adjustment: vary total air system quantities by fan speed adjustment. B. Air measurement: utilize pitot tube readings to measure duct airflow unless otherwise specified. Pitot tubes, associated instruments, traverses, and techniques shall conform to the ASHRAE Handbook of Fundamentals. C. Duct design air quantity less than 1000 (C.F.M.): air quantity may be determined by measurements at air terminals served. D. Test Holes: locate in straight duct, as far downstream as possible from elbows, bends, take -offs, and other turbulence generating devices to optimize reliability of flow measurements. Seal holes with plastic plugs. No tape seals allowed. 3.05 WATER SYSTEM PROCEDURES: A. Cooling water system adjustment: as required to provide required quantity through the coil. Testing and Balancing Air and Water Systems Section 15900 - 6 9/12/05 B. Calibrated metering: measure water quantities and pressures. C. Measure water flow rates and balance system using Venturi tubes, orifices, pressure gauges or other metering fittings. D. Adjust system to provide approved pressure drops through the coils prior to the capacity testing. E. Temperature differential: measure with adjusted air system in operation. F. Flow: adjust flow through bypass circuits at three-way valves to balance flow through the supply circuit. G. Adjust distribution by using balancing devices (cocks, valves, fittings) and automatic control valves. Use of service valves: Not allowed. 3.06 CITY'S SUBSTANTIAL COMPLETION PROCEDURES: A. Demonstrate that capacities and general performance of air and water systems comply with building project requirements. B. Recheck, in presence of City, random selections of data (air and water quantities, air motion, and sound levels) recorded in certified final Test and Balance Report. C. Points and areas for demonstration and testing will be selected by the City D. Measurement and test procedures: Same as approved for work forming the basis of certified test and balance report. E. Selections for recheck (specific and random): Not to exceed 25 percent of the total number tabulated in the test and balance report, except that special air systems may require a complete recheck for safety reasons. F. Retests: if random tests of 10 percent or more of the rechecked stations elicit a measured flow deviation of plus or minus 5 percent or more, or a sound level of 2 decibels or more, than that recorded in the certified final test and balance report listings: test and balance report will be automatically rejected, In the event the test and balance report is rejected, readjust and test all systems; record new data, and submit new certified test and balance reports at no additional cost to the City. G. Marking of settings: permanently mark settings of all valves, splitters, dampers, and other adjustment devices following acceptance of final test and balance report and successful completion of the City's substantial completion inspection. Testing and Balancing Air and Water Systems Section 15900 - 7 9/12/05 3.07 CLEANING: Clean any debris or trash resulting from test and balance service. 3.08 DAMAGE TO BUILDING: Immediately repair any damage to building due to actions of test and balance operations. INUN IBZ*]; ]X"111;6]i; Testing and Balancing Air and Water Systems Section 15900 - 8 9/12/05 SECTION 16010 - ELECTRICAL GENERAL PROVISIONS PART 1 GENERAL - 1 .01 REFERENCE: The provisions of the General Terms & Conditions apply to this Section. 1.02 WORK INCLUDED: Furnish all materials, equipment, labor, supervision and all related items necessary to complete this phase of the work as indicated on the drawing and/or specified herein. 1.03 SUBMITTALS A. ShopDrawings: Submit Five (5) sets of shop drawings for approval as indicated. Shop drawings shall be submitted in complete groups, loose-leaf bound and indexed, including descriptive date, catalog cuts, diagrams, connection details, writing dimensions, material and finishes. B. Manufacturer's Data: Submit Three (3) sets of manuals for approval as indicated. Manuals shall include operating and maintenance instructions, parts lists, manufacturers and local suppliers and addresses and pertinent descriptive data, Manuals shall be loose leaf bound and indexed in three ring hard cover binders. 1.04 DRAWINGS: The drawings are schematic showing relative and connections and shall not be scaled for exact locations. Unless specific dimensions are shown, the structural, architectural and site conditions shall govern the exact locations. Should any difficulty occur in the running of devices of connections at the points shown, provide the necessary minor deviations therefrom as approved without additional cost. 1.05 AS -BUILT DRAWINGS AND RECORDS: Maintain a complete set of electrical prints for indicating all changes. Use colored pencil or pen to make changes at the time of execution. Deliver the set to the City's Representative upon completion. 1.06 HARDWARE: All hardware and accessory fittings shall be of a type designed, intended or appropriate for the use, and complement the items with which they are used, and shall have corrosion protection suitable for the atmosphere in which they are installed. All such hardware shall be U.S. Standard Size. 1.07 EQUIPMENT. Equipment of a similar nature shall be identical. Example: All panel boards shall be of the same manufacturer and the same style. 1.08 MATERIAL PROTECTIONS: Store and protect all materials from injury prior to installation. Materials shall not be stored directly on the ground or floor and shall be kept as clean and dry as possible and free from damage or deteriorating elements. Damaged materials shall not be installed. Electrical — General Provisions Section 16010 - 1 �671 V1111.1 1.09 ELECTRICAL SHOCK PROTECTION: Provide ground fault protection in all temporary service. PART 2 PRODUCTS - NOT USED PART 3 - EXECUTION 411611111111111111,41 R1 IFT11111W."Vill [WIP A. The electrical installation shall conform to the National Electrical Safety Code, the National Fire Protective Association's Fire Codes indicated, and the applicable standards, codes, regulations, and specifications listed therein and with there specifications and the standards, codes and regulations listed therein. B. All equipment shall be set level, properly aligned and bolted together where in sections. Secure all materials and equipment firmly in place. All screws, bolts, nuts, clamps, fittings, or other fastening devices shall be made up tight. All materials and equipment shall be installed complete including screws or bolts, covers, plates, fittings, etc. C. Follow the installation directions and recommendations of the material and equipment manufacturers. D. Materials damaged during installation shall be repaired to a new condition or shall be replaced. Finishes on equipment that has been scratched or marred shall be touched up to match the original finish or shall be completely refinished. E. All enclosures, panels, cabinets, relays, safety switches, fixtures, gutters and other exposed equipment or accessories shall be factory painted or finished except as indicated otherwise. F. Group mounted items shall be similar in finish and color. 3.02 IDENTIFICATION: A. Tag all conductors and identify major conduits in or at wire -ways, panels, pull boxes, switchboards, motor controllers, cabinets and similar items to assist in future circuit tracing. Conductor tags shall be non-conductive. B. Identify all circuits and equipment to correspond with the plans and specifications. C. Use Brady markers, Dymo labels or other approved methods except as indicated otherwise. D. All junction box covers shall be labeled on both sides indicating type of system and voltage. All gutters, terminal cabinet, starters, transformers, panels Electrical — General Provisions Section 16010 - 2 9/12/05 and disconnects shall be identified with stencil labels indicating type system, voltage and equipment being serviced. 3.03 TOOLS AND SPARE PARTS: Use only tools designed for the particular operation. Tools shall be kept in good condition. Worn and broken tools shall not be used. Wrench and vise teeth shall be sharp and clean to prevent damage to the materials. Screwdrivers and wrenches shall be of the proper size to prevent damage to the head or nuts. Special tools and spare parts provided with any equipment shall be turned over to an authorized person and the Contractor shall obtain signed and dated receipts for same. 3.04 TEST: Correct all defective material and workmanship disclosed and as the result of the tests given herein. Show by demonstration in service that all circuits and devices are in good condition to operate, Tests shall be such that each item of control equipment will function not less than five times. Test all circuits for grounds, shorts and continuity, Provide all materials and equipment necessary for testing. 3.05 DEMONSTRATION: A. Demonstration: Demonstrate the essential features of the following electrical systems upon completion of satisfactory testing: Motor Control B. The demonstration shall be held by the Contractor in the presence of the City or designated representatives to show junctions, locations, and relationships to the plans. Demonstrate how to "start -stop", reset, replace. END OF SECTION Electrical — General Provisions Section 16010 - 3 9/12/05 SECTION 16111 RACEWAYS AND BOXES PART 1 GENERAL 1 .01 REFERENCE: The provisions of the General Terms and Conditions and Section 16010 - Electrical General Provisions apply to this Section. 1.02 WORK INCLUDED: Furnish all materials, equipment, labor, supervision, all related items necessary to of the work as indicated on the drawings and/or specified herein, PARTS 2 PRODUCTS 2.01 RACEWAYS AND FITTINGS: Rigid Metal Conduit, Electrical Metallic Tubing (EMT), and Flexible Metal (Steel) Conduit (Greenfield) shall be galvanized and shall match and conform to current federal/national and local building code. 2.02 BOXES AND ACCESSORIES: Sheet steel boxes and accessories shall conform to Federal/National and Local Building Code. PART 3 EXECUTION 3.01 RACEWAYS: A. All conduits shall have a minimum of 1/2" diameter. B. The Contractor shall use factory bends and sweeps wherever possible. Where field sweeps, offsets and returns are necessary, they shall be done in a neat, workmanlike manner. C. Conduits shall be supported on approved types of galvanized steel brackets, trapeze hangers, strap hangers, pipe straps or manufactured support systems such as Unistrut. These shall be secured on hollow masonry units, expansion shield -type bolts in concrete, machine screws on metal surfaces and wood screws on wood construction. Fasteners applied with a gun are not approved fo use. D. Conduits shall be installed in such manner as to ensure against trouble from the collection of trapped condensation and runs of conduit shall be arranged so as to be devoid of such traps. E. Conduits shall not be supported from pipes mechanical equipment or hangers of other trades. 3.02 MISCELLANEOUS: Provide approved fire -stopping materials at all chases to prevent drafts, END OF SECTION Raceways and Boxes Section 16111 - 1 9/12/05 SECTION 16120 - CONDUCTORS I ; TO 100 1 a we]; a ki 11; 4 ZT-Al I 1.01 REFERENCE: The provisions of the General Terms & Conditions and Section 16010 Electrical General Provisions apply to this Section. 1.02 WORK INCLUDED: Furnish all materials, equipment, labor, Supervision and all related items necessary to complete this phase of the work as indicated on the drawings and/or specified herein. 1.03 APPLICABLE REQUIREMENTS: A. NEC Articles 310 and 400 B. F.S. J-C-30 C. F.S. W-S-6106 1.04 SUBMITTALS: Submit shop drawings for approval on conductors. PART 2 - PRODUCTS 2.01 CONDUCTORS: A. Conductors shall be copper and conform to Federal Specification J-C-30 for 600 volt. Types THWN, THHN, or TW as indicated. Sizes are AWG, unless noted, B. Conductors size #8 and larger shall be Type THHN or THWN stranded, copper. Conductors' size #10 and smaller shall be Type TW unless noted otherwise. C. Grounding conductors larger that size #1 shall be soft drawn bare copper or insulated copper, Control conductors shall be size #14 copper, stranded, and color -coded unless indicated otherwise. 2.02 PORTABLE CORDS: A. Portable cord shall be stranded copper, UL listed, and resistant to water, acid, and alkalies. B. Each cord shall have one green covered conductor and it shall be used as a grounding conductor, C. 300volt, size 14, Type SJ, General Electric Series SI-53107. 600-volt minimum size 14, Type SO General Electric Series SI-53089. Conductors Section 16120 - 1 9/12/05 2.03 TERMINATIONS AND CONNECTIONS A. Connections shall comply with Federal Specification W-S-610b. Connectors for temperatures to 105 degrees C shall be Ideal -Wing Nut or 3M-Scotchloc. Connectors for temperatures to 150 degrees C for use in fixtures shall be Ideal - Wire Nut. B. Tape shall be Scotch 33 or slip -knot grey. Voids shall be filled with rubber tape or Scotchfill. PART 3 - EXECUTION 3,01 CONDUCTORS: A. Conductors size #10 and larger shall have insulation colored for phases A, B, C, and N, respectively as follows for 3 phase systems: 120/208 volts, black, red, blue and white. B. Bonding conductors size #10 and smaller shall have a green covering and shall be the same size as the circuit conductors unless otherwise indicated. C. Installation of conductors shall be made only in completed raceway systems and all conductors in any conduit shall be pulled in together. D. Use wire pulling compounds or lubricants as listed by Underwriters' Laboratories 3.02 SPLICES AND TERMINATIONS: A. Use solderless terminal lugs on all standard conductors. Use approved solderless connectors for all splices. Keep splices to a minimum. B. Splice all neutrals prior to connection to wiring devices. Splices other than pre -insulated connectors shall be covered neatly with insulation tape equivalent in value to the conductor insulation. Use minimum of 2 layers of tape. 3.03 PHASING AND IDENTIFICATION: A. The plans designation of all secondary conductors shall be the same and shall be indicated in or on all 3-phase outlets, panel boards, and disconnect switches, and they shall be connected with uniform phase sequence. B. Maintain A, B, C phase relation left to right when viewed from the front. 1:0061;&1 N150 91*1 ZI Conductors Section 16120 - 2 9/12/05 SECTION 16180 - SAFETY SWITCHES. CIRCUIT BREAKERS & FUSES PART 1 - GENERAL 1 .01 . REFERENCE: The provisions of the General Terms & Conditions and Section 16010 Electrical General Provisions apply to this Section, 1.02 WORK INCLUDED: Furnish all materials, equipment, labor, supervision and all related items necessary to complete this phase of the work as indicated on the drawings and/or specified herein. 1.03 APPLICABLE DOCUMENTS A. NEMA AB-1 Molded Case Circuit Breakers B. F.S. W-S-865a Enclosed Switches C. F.S. W-C-375a Circuit Breakers D. UL-198, 1968 Fuses E. NEMA FU-1, 1963 Fuses PART 2 - PRODUCTS 2.01 SAFETY SWITCHES/CIRCUIT BREAKER DISCONNECTS A. Safety switches shall conform to Federal Specification W-S-865c, heavy duty type H, fusible or non -fusible, with the poles, ampere, voltage, and horsepower ratings indicated and shall have solid neutrals. Lugs shall be UL listed for copper -aluminum. B. Enclosures, for safety switches shall be NEMA-1, general purposes, except that switches indicated (WP) weatherproof, shall be NEMA 3R, unless marked NEMA-4. Provide hubs as required for NEMA-3R enclosures with suitable gaskets and bonding means. C. Switches and disconnects shall be as manufactured be Square "D", ITE, GE or Westinghouse. D. Circuit breaker disconnects may be used in lieu of safety switches providing they comply with the safety switch requirements and are applied within their ratings and a schedule is submitted for approval. 2.02 CIRCUIT BREAKERS, MOLDED CASE A. Circuit breakers shall conform to Federal Specification W-C-375a and NEMA Standard AB-1, unless indicated otherwise. Circuit breakers shall be of the ampere rating, voltage rating, number of poles and class of interrupting capacity (I.C.) as indicated. Interrupting ratings are in root mean square (RMS), symmetrical amperes based on NEMA test procedures. Lugs and terminals shall be UL approved for copper -aluminum, Safety Switches, Circuit Breakers & Fuses Section 16180 - 1 9/12/05 B. Each circuit breaker shall have a trip unit for each pole with elements providing inverse time delay under overload conditions and instantaneous magnetic trip for short circuit protection, unless indicated as non -automatic. Trip elements shall operate a common trip bar to open all elements. 2.03 FUSES A. Fuses shall conform to NEMA FU -1 and UL-198 and shall be of the voltage, class, and ampere rating indicated. B. Fuses, NEMA Class RK-1 (RK-1) 1. Bussman - Low Peak LPN-RK LPS-RK, Type KTN-R and KTS-R 2. Chase Shawmut - Amptrap, Type 3, Form 600 A2Y 3. Or approved equal. C. Fuses for motors and enclosed switches, NEMA RK-5, time delay unless indicated otherwise. 1. Bussman - Low Peak LPN-RT, LPS-RR, or approved equal. D. Other fuses shall be as indicated. E. Provide two complete extra sets of all type fuses. PART 3 - EXECUTION 3.01 INSTALLATION. A. Mount all switches, disconnects, and controls on back -boards or unistrut. B. Provide permanent labels on or in all fusible equipment indicating the type and size replacement fuse required and equipment being serviced. C. Generally, mount switches and disconnects between 4'and 5'up, readily accessible. D. Coordinate with other sections so as not to interfere with service or maintenance accessibility. E. Mount switches as close as possible to equipment served. F. Maintain working space as required by NEC. END OF SECTION Safety Switches, Circuit Breakers & Fuses Section 16180 - 2 10% P01-i SECTION 16190 - SUPPORTING DEVICES PART 1 - GENERAL 1.01 REFERENCE: The provisions of the General Terms & Conditions and Section 16010 Electrical General Provisions apply to this Section. 1.02 WORK INCLUDED: Furnish all materials, equipment, labor, supervision and all related items necessary to complete this phase of the work as on the drawings and/or specified herein. 1.03 SELECTION OF PRODUCTS A. Devices including anchors, fasteners, and hangers supports, shall be of a type designed or fabricated for the purpose, and shall adequately and safely secure the material and equipment and present a neat appearance. B. Make job fabricated hangers or supports form standard structural shapes and hardware. C. All bolts, screws, nuts and other threaded devices shall have US standard threads and heads as appropriate. D. Select devices using the following criteria: 1. Amount of Type of Load: The weight of hangers or supports and of enclosed materials is part of the load. Devices shall be suitable for shear, straight pull, vibration, impact or external loads as applicable. 2. Safe Working Load- Determinations of safe working load of devices or job fabricated support assemblies shall be obtained from the published load data of the manufacturer. 3. Atmosphere: Use devices with corrosion resistant characteristics for the atmospheric conditions in which they are installed. Steel hangers and supports protected by zinc (galvanized) may be used to support aluminum conduit in dry locations only. In damp or wet locations, insulate the aluminum and galvanized steel from each other with aluminum pigmented asphaltum or vinyl paint or insulating tape. 2.01 HANGERS AND SUPPORTS: Use equipment as manufactured by: Unistrut, Powerstrut, Steel City — Kindorf, and Harveys — Alstrut, or approved equal. Supporting Devices Section 16190 - 1 9/12/05 PART 3 - EXECUTION 3.01 INSTALLATION A. Install equipment including switches, controller, such that removal of replacement may be readily accomplished without damage to equipment or fasteners. B. Drill holes for devices in accordance with the manufacturers recommendations, including diameter and depth. C. All parts of hanger and support assemblies, including all accessory hardware, shall be of types designed to be used together. D. Internal, and external threads of parts that are or bolted together shall be of the same material including coatings and the method of applying coatings. For example, if the threads of bolts or rods are hot dipped galvanized, the nuts must also be galvanized. If they are electro-galvanized, the nuts must also be electro- galvanized. All threads shall be fully engaged. All parts so intended shall be made tight, using tools intended for the purpose. 3.02 FASTENING: Fasten all materials and equipment with approved devices. Generally fasteners shall be as follows: 1. Wood: Fasten to wood with screws except nails may be used on wood partitions for outlet boxes and raceways up to 1 " diameter. 2. Masonry: Fasten to masonry with threaded metal inserts, metal expansion screws, toggle bolts, power -actuated fasteners, or other approved means. 3. Steel: Fasten to joist with clamps. 4. Use backboards for surface mounting grouped equipment. Paint the wall side of the backboards with an asphaltum coating when the walls are constructed of masonry. END OF SECTION Supporting Devices Section 16190 - 2 4JPA11-i SECTION 16450 - GROUNDING PART 1 - GENERAL 1.01 REFERENCE: The provisions of the General Terms & Conditions and Section 16010 Electrical General Provisions apply to this section. 1.02 WORK RELATED: Furnish all materials, equipment labor, supervision and all related items necessary to complete this phase of the work as indicated on the drawings and/or specified herein. 1.03 APPLICABLE REQUIREMENTS A. NEC Article 250 B. AIEE 953 Grounding of Power Systems W -VI T ill VA a 00101 pill" 161 �Xllwcl 26IN ilk I elite] 001 A. Ground rods shall be a minimum of 3/4"X 10'copper-weld. B. Grounding accessories shall be as manufactured by Burndy, Erico or Dossert, or approved equal. PART 3 - EXECUTION 3.01 INSTALLATION A. Bond all metal parts. Make equipment and bus connections with suitable lugsorclamps. Cadweld all wire -to -ground rod joints. Cadweld all wire -to -wire joints size #1/0 and over, B. Bond all conduits stubbing under switchboards, and similar locations using bonding bushings. C. Provide a bond wire in all flexible metal conduits and connect to the boxes at each end in an approved manner. D. Use PVC for sleeving grounding conductors, except that where sleeves are subject to extreme injury use rigid metal conduit bonded at both ends. END OF SECTION Grounding Section 16450 - 1 9/12/05 SECTION 16800 - ELECTRICAL UTILIZATION EOUIPMENT PART 1 AIR CONDITIONING SYSTEM 1.01 Wire up all A/C equipment and controls as directed by manufacturer. 1.02 A/C equipment furnished and installed by others, connected by electrical contractor. 1.03 Thermostats, contactors, furnished by others, installed and wired by electrical Contractor. 1.04 Use flexible raceway at all motor or equipment connections to prevent transmission of noise and vibration. PART 3 EXECUTION 3.01 Check all equipment for proper voltage, phase and current before connection to circuit. 3.02 Electrically connect all equipment, ready for operation. END OF SECTION Electrical Utilization Equipment Section 16800 - 1 PHASED REPLACEMENT OF HVAC UNITS AT CITY HALL EXHIBIT 2 RFP 05-15R Proposers Name: kA ADVANCE HILL YOR AIR INC SVC COF Conflict of interest NONE NONE iered to the Instructions YES YES Public Works Director 15 18 Assistant Director Utilities 12 16 HVAC S ecialist 17 19 SERVICES TO BE PROW ED(20 POINTS) Public Works Director 15 118 Assistant Director Utilities 14 16 HVAC Specialist 17 1 19 QUALIFICATION OF PROPOSER/EXPERTISE (35 POI Public Works Director 33 25 Assistant Director Utilities 25 28 HVAC Specialist 31 34. COST (25 POINTS) Public Works Director 25 19 Assistant Director Utili 25 19 HVAC Specialist 25 19 TOTAL POINTS Public Works Director 88 80 Assistant Director Utilities 76 79 HVAC Specialist 90 91 TOTAL RANKING Public Works Director 1 2 Assistant Director Utilities 2 1 HVAC Specialist 2 1 SAL POINTS 254 250 EXHIBIT 3 SUBMIT PROPOSAL TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88 T"AVENUE TAMARAC, FL 33321 954-724-2450 REQUEST FOR PROPOSALS Proposer Acknowledgement RFP NO.: 05-15R RFP TITLE: HVAC REPLACEMENT AT CITY HALL PROPOSAL OPENING DATE/TIME: OCTOBER 10, 2005, 4:00 PM local time BUYER NAME: JAMES NICOTRA, CPPB BUYER PHONE: 954-724-2450 BUYER EMAIL: JIMN@@tamarac.org MANDATORY PRE -PROPOSAL CONFERENCE/SITE INSPECTION: BONDING: 100% PAYMENT & PERFORMANCE BOND AFTER AWARD GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIEWSERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR PROPOSAL BY 1NDICATING SUCH CHANGE IN THE INSTRUCTIONS TO PROPOSERS OR IN THE SPECIAL CONDITIONS OF THE PROPOSAL. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED PROPOSALS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL PROPOSAL FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE RFP NUMBER AND THE RFP TITLE. PROPOSALS NOT SUBMITTED ON THE ATTACHED PROPOSAL FORM MAY BE DEEMED NON -RESPONSIVE. ALL PROPOSALS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE PROPOSALS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON- RESPONSIVE. PROPOSING COMPANY NAME: —Ah-fil)VANCE iqlk COMPANY ADDRESS: 1 J�20 5;r&FC-j_ 11MLihD 3CfiC�4 Fl, _33oto!j COMPANYPHONE: NAME OF AUTHORIZED AGENT: pnos� (!'W)f TITLE OF AUTHORIZED AGENT: thie 'decs,p(e,-M AUTHORIZED AGENT EMAIL ADDRESS: cc-elva PROPOSER TAXPAYER ID OR SOCIAL SECURITY NUtB�: '4 v SIGNATURE OF AUTHORIZED AGENT: v I certify that this proposal Acknowledgement is made without prior �Rder4anding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities an&6�ervices and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal as an agent for the Proposing Vendor. of Tamarac & Contracts Division PROPOSALFORM RFP 05-15R PHASED INSTALLATION OF HVAC UNITS AT CITY HALL In full compliance with all specifications and schedules as contained in this Requesi for Proposal, Contractor agrees to provide all labor, equipment, 'accessories, insurance, bonds and supervision in a not to exceed amount as written below. PROPOSAL PRICE /I Not to Exceed Cost of: too 5 Year All Inclusive Parts and Labor Warranty on: '7L") I r Compressors, Coils, Motors, (See Section 15010-2, PARA.1.08) VFD's, Contactors, TXVs, Electronic Controls and Associated Componenets. SUBMITTED BY: I k e-D Company Officer: C, VAci Company Name: Address: OR0 City:. F0 M PP140 - ocmq State: r 1, zip: 33W4 Telephone: 580 -FAX-q-�"q Email: -AOIQ44�KZ 0 AA40AC-f: Ak,&M NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. 20 AA *ADVANCE AIR, INC. October 7, 2005 Proposal submitted to: City of Tamarac Job name: Tamarac Municipal Complex City Hall Building 7525 Northwest 88" Avenue Tamarac Fl. 33321 WE PROPOSE TO FURNISH AND INSTALL THE FOLLOWING Price based upon the drawings by Steven Feller P.E. Dated March 14, 2005 • Reclaim refrigerant from five existing heat pump package units as required by EPA Regulations • Remove and dispose of units in an approved manner. • Remove and dispose of existing electrical pipes, chilled water lines, smoke detectors, condensate drain line and sheet metal ductwork per drawings, • Lifting and hoisting of equipment by certified crane company and operator. • Install five new 25 ton Carrier heat pump package units. Air conditioning unit AC-A-1 will be a constant volume fan motor. Model 5OBVCO28-EC601. The four remaining air conditioning units will be variable frequency drive fan motors. Model 5OBVJ028-EC601AH • Electrical contractor to remove and re -work existing electrical conduit and lights in way of removing and installing the air conditioning units. • Electrical contractor to disconnect and reconnect to existing electrical and electrical disconnect panels with new pipe and fittings. • Fire Alarm Contractor to supply five new smoke detectors and wire units per code. • Connect to existing supply and return condenser water lines with new copper pipe and fittings. Install new butterfly valves per drawing. • Connect to existing supply and return air sheet metal ductwork with new sheet metal ductwork per drawing. • Connect to existing condensate drain lines with new copper and copper fittings. Drain lines to have 1/2" wall insulation. • Start up and check sequence of operation. • Work to be performed on two separate three day weekends. • Equipment worked on will be operational on the first day after the weekend. • Labor • Mechanical & Electrical permit application. • Permit fee. • One-year warranty on new parts and labor, an additional four-year part warranty on the compressors. Alternate 1 — Five year parts and labor warranty on five new air conditioning units. Add $15,701.00 All equipment and material will be new, first quality, and installed according to accepted engineering practice. Any alteration or deviation from above proposal and bid documents involving extra costs will be executed only upon orders, and will become an extra charge. The warranties provided herein are expressly in lieu of all other warranties or obligations expressed or implied and it neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this equipment. All warranty calls will be made during normal working hours Monday through Saturday. Emergency calls made after normal hours will be charged at the rate of difference between straight time and over time. Ownership of the above equipment and materials shall remain in seller's name and title is hereby retained until it is fully paid. In the event payment is not made within the time and manner as set forth below, the seller, at its option, may remove said equipment, It is agreed that the seller shall not be responsible for any loss, damage or delay caused by malfunctioning equipment, acts of government, strikes, lock -outs, fire, explosion, theft, floods, rain, water damage, riot, civil commotion, war, nuclear disaster, malicious mischief, acts of God or by any cause beyond its control and in any event for consequential damages, Seller may withdraw this proposal if not accepted within 30 days. Any cost incurred, as result of non-payment of billing including court costs and purchaser will sustain attorney's fees. This scope of work is very specific in nature. Any alterations or additions to this scope will be performed only with written authorization and at additional cost, The contract price for this material and installation, complete in accordance with the above specifications is Two hundred fifty seven thousand eight hundred seventy one dollars, ($257,871-00) The terms for payment of this contract are progress payments biweekly, balance due upon completion. Accepted for purchaser Title Date Accepted for AA Advance Air Services, Inc. — , Title Date '/I) - �, - 0.5- of Tamarac Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT Stateof F�,MJDA County of J506w A T, )ss. says that: He/she is the Representative or Agent) of "5W';5Z Offeror that has submitted the attached Proposal; being first duly sworn, (Owner, Partner, Officer, Z;e , the He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and, is not a collusive or sham Proposal; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost. elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealqd and delivered in the presence of: By Pflinted Name Title C. 11�el 21 ON of Tamarac and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of R, P-o wA4 On this the _-L_ day of 0 &rv) PCP, - -1 20 05 before me, the undersigned Notary Public of the State of Florida, personally appeared (Na �&�, i2 // A ) of individual(s) who appeared notary) and whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOT RY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: 91a K, TOMIInson MISSIOn # f)D31':10400 I May 17,2ooa 04W10] (Name of Notary Public: Print, Stamp, or Type as Commissioned) EX/Personally known to me, or 0 Produced identification: kuw ztcrAog (Type of Identification Produced) El DID take an oath, or El DID NOT take an oath 22 of Tamarac and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL [] PARTNERSHIP CORPORATION OTHER If "Other", Explain: Authorized Signature UldmCA ---- tAc,\Anle, Typed/Printed Name M156"') 92h Telephon'e- (q50) ql-� 112 Fax il address f6-r above signer (if any) "A Iq Iq D-AwL a f P- IN CDP- Company Name lqao gmj, .3,)Md Address _L09)ftfio 96-46Y 336�>� City, State, ZIP -3 5 - a I �Co a 0 Federal Tax ID Number Contractor's License Number 23 City of Tamarac and Contracts Division PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company AAI�dvarlc-e Atr,Inc, Address '3a 1-16 City State Zip Pompano Bnv�', FL - Telephone q5-i Fax Number q0L] -.3-7� 1 How many years has your organization been in business under its present name? —0q Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: de, 3. Under what former name(s) has your business operated? 146 List former address(es) of that business (if any). 4. Are you Certified? Yes NoE] If Yes, attach copy of Certification 5. Are you Licensed? Yes Q- NoE] If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes F] No If Yes, explain: 7. Are you a Sales Representative 0 Distributor E] Broker E] or Manufacturer El of the commodities/services bid upon? 8. Have you ever received a contrp9t or a purchase order from the City of Tamarac or other governmental entity? Yes Lo No 0 If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a com I int on a contract or bid awarded to you by any governmental entity? Yes 0 No 7 If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes 0 No [� if yes, explain: 24 City of Tamarac Purchasina and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name AOVqNef--- ftA 1W, Address 6010 N.O. 31And �BCFT City State Zip paho ik!d -OC F!, 3 3 Phone/Fax 6j 5� 5-4 5`73 - 6 q -74 Agency/Firm Name: Uaa-,q Avi O-F Address 7 4 W, 3 f *T, City State Zip 33/01a\ Phone/Fax Y16 - 65- 1�3 3 j Contact Name Ae�-Ipp- ____ I Agency/Firm Name: -C i'j[y oF TAM"L' Address /V03 City State Zip T�VlAme- 3'3 -;0 Phone/Fax (�S Dq,5,o Contact Name 4-L4Ci<9.& Agency/Firm Name: t�ENNri�, epzopelrmli�6 Tt", Address IQ2—&,Uj I b 7 AvchAo- City State Zip F 1. 37) i7:R- Phone/Fax 5' R) 6 30 Contact Name LEr-- SwEROLoa) Agency/Firm Name: L E V 6-h Le& Address q-1c) �OiTli 61XML--.,CS Aulz-NU61 City State Zip Mm -3 -3 q q 5 �AEt4p"U FI, Phone/Fax 561- aq36 JI 4.5 Contact Name Remo-,� VA14 or--Pc�-r Agency/Firm Name: J 3-PJ —�TOL Wr--sT D�50"tjw Address 5'�I�E�5r City State Zip ' F Ohvie I Phone/Fax q5q - Aji� - &�6o F-xljq� q 5'q J-16 - 5,-) Contact Name RAkO.Y S UTF6N 25 City of Tamarac and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and, service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's corpmunity, by any employee who is so convicted. a M lei ood faith effort to continue to maintain a drug -free workplace through i e n tion of this section. As the person authorized to sign the statement, I fy t tt c�e t his form complies fully with the above requirements. Sig 161nAW_11b_VA_C &R.TMe, Company Name 26 of Tamarac Purchasing and Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or' will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Contract License No. -110 000 /1 Ac WE 676 0 Subcontractor Name/Address &AW� TOJ�AM (PONTAAtrO)a if 33 3' H �'�q n'ri.0 &!J ackh EL_ ��L's ve, POMPtMO IYO464 -/, 3300 27 City o/ Tamarac Purchasiog and Cootracts Division v 0 CERTIFIED RESOLUTION (Name), the duly elected Secretary of tj - 14, E7_4(�Pqrporate Title), a corporation organized and existing under the laws of the State of -T�— t�i df� —, do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT 0 0-6 (Name)", the duly lected 5�-c - / �1-e-ls— ___ (Title of Officer) of 14. /4, 43 %j e ,i ce, A-( � : 24�,j <:L , _(Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official sig persons authorized to act by the foregoing resolution. N NAME lets acliq , C) J TITLE Given under my hand and the Seal of the said corporation thiA�y Of (SEAL) By:_ NOTE: of those -fc, Secretary S-� Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corpration to do so in its behalf, .. ......... 2,3 LIC.ECO001720 GULFSTREAM CONTRACTORS OF SOUTH FLORIDAs CORP. 666 N.E. 40'h COURT FORT LAUDERDALE, FL 33334 October 7, 2005 Dear Sir/Madam, We are a state licensed electrical contractor specializing in commercial and industrial re- model project. Our project focus is mechanical and industrial work. We are very experienced in; I - HVAC 2. Dust collection I Spray booths 4. Hazardous location 5. Powder coat lines 6. Woodworking and Metal working equipment 7. Manufacturing lines; aluminum extrusion, plastic extrusion, plastic injection, etc. 8. CNC and CAM type equipment 9. Engine Repair and Overhaul 10. FAA Repair and Overhaul Please see the below partial list of projects that we have performed, Please let me know if visual observation of any of the below projects is requested. Sincerely, Robert J. Kozich, Jr. President Gulfstream Contractors of South Florida, Corp. • AA Advance Air, Co. - Pompano Beach, FL - mechanical contractor - subcontract electrical work for air-conditioning and ventilation projects. $780,000.00 • Advance Finishing Technology — Fort Lauderdale, FL - wiring of new automated wood finishing line. $100,000.00 (954) 563-8223 / FAX (954) 566-4902 STATE LICENSED ELECTRICAL CONTRACTORS rkozich@gulfstreameontractors.com 10/7/2005 2 L3 Aero Precision and Overhaul - Deerfield Beach, FL - complete interior remodel- ing of 60,000sq.ft. warehouse and new offices. $200,000.00 u Allsteel & Gypsum — Fort Lauderdale, FL — relocation of steel slitting and cold roll forming factory. $145,000.00 u American Cigarette — new factory. $64,000.00 u Angelica Healthcare Laundry Facility - Miami, FL - wire tunnel washer/extractor/dryers. $35,000.00 u Angelica Healthcare Laundry Facility - Miami, FL - installed large overhead con- veyor system. $120,000.00 Li Angelica Healthcare Laundry Facility - Miami, FL - 1993 - wired new warehouse and office building. $38,000.00 Li Atlantic Molding - Pompano Beach, FL - wired various machinery at plastic in- jection molding factory. $50,000.00 u Atlantis Business Center - Fort Lauderdale, FL - electrical installation for new warehouse. $128,000.00 o Automated Plastics Group — Miami, FL — electrical installation of new automated plastic extrusion factory. $84,000.00 u Badia Spices — Miami, FL — electrical installation for spice processing &.packag- ing lines. $340,000. u Bennett Auto - Fort Lauderdale, FL - interior remodeling of warehouse. $45,000.00 Li Binnings Pan American Windows — Miami, FL — relocation of aluminum extru- sion and window factory. $980,000.00 o Blackfin Boats - Port Everglades, FL - performed electrical code violation repairs. $12,000.00 u Boat U.S. - Naples, FL - complete interior remodeling of retail store. $60,000.00 o Boat U.S. - Fort Lauderdale, FL - interior remodeling of retail store. $350,000.00 Li Brightwood - Pompano Beach, FL - wired computerized automated sneaker fac- tory. $59,000.00 o Broward County Records Dept. - Fort Lauderdale, FL - converted warehouse into air-conditioned storage facility with fire sprinklers. $120,000.00 Li Chevron U.S.A. - Broward/Dade Counties — Hallmark 21 Project. $680,000.00 Li Chevron U.S.A. - Palm Beach to Melbourne, F1 — Hallmark 21 & Exxon to Chev- ron Rebranding Projects. $620,000.00 u Chevron U.S.A. - State of Florida & Georgia - High Rise Highway Sign Project $86,000.00 Li Christmas Place - Fort Lauderdale, FL - fire code violations - major re -wiring of retail store. $39,000.00 u Ciba Geigy - Miami, FL - 1987 - 1996 - designed and sold electrical work includ- ing wiring dust collectors, hazardous location wiring, fabricated and wired control panels for ovens, etc. $350,000.00 a City of Tamarac - City Hall - Air -Conditioning Project - electrical wiring. $20,000.00 a Coral Ridge Country Club - Fort Lauderdale, FL - structural repairs, electrical, stucco & painting. $5 1,000.00 u Costco Wholesale — Lantana, FL — electrical work for renovation & expansion of Store, $400,000.00 ci Costeo Wholesale — Lake Park, FL — electrical work for renovation of store. $1.8m GULFSTREAM PROJECT 10/7/2005 • Costco Wholesale — Miami Lakes, FL — electrical work for renovation of store. $345,000.00 • Costco Wholesale — Kendall, FL — electrical work for renovation of store. $86,000.00 • Crescent Norcross - Delray Beach, FL - wired new patio furniture re -finishing factory and interior remodeling. $40,000.00 • Dee Car - Delray Beach, FL - electrical installation and remodeling for sandblast- ing, powder coating, painting and retail showroom. $98,000.00 • Drusco Cloth Cutting Factory - Opa Locka, FL - designed and sold electrical pro- ject for new factory. $95,000.00 • Environmental Control Inc. - Fort Lauderdale, FL - mechanical contractor - sub- contract electrical work for dust collectors, generators, spray booths, ovens, etc. $3,400,000.00 • Federal Apartments - Fort Lauderdale, FL - 186 HUD rehabilitation project - complete new electrical installation. $400,000.00 • Fort Lauderdale Community Development Corporation - Fort Lauderdale, FL - 66 HUD rehabilitation project - complete new electrical installation. $149,000.00 • Greencove Maritime - Port Everglades, FL - designed and sold electrical installa- tion and installation of customer office trailers. $65,000.00 • Hollywood Wood Working - Hollywood, FL - electrical repairs, service changes, new air compressors, exterior remodeling, etc. $470,000.00 • Honda of Fort Lauderdale - interior remodeling of Showroom/warehouse. $52,000.00 Li K-Mart - Sarasota, FL - electrical interior remodeling project. $39,000.00 Li Landis & Gyr - Miami, FL - interior remodeling & industrial electrical projects. $150,000.00 u Lobels - Miami & Fort Lauderdale, FL - electrical for new warehouse. $26,000.00 Li Mapei — Fort Lauderdale, FL — electrical wiring for grout factory. $340,000.00 ci Metalor - Miami, FL - installed new service and wired new gold smelting facility. $40,000.00 • Miami Centerline — Miami, FL — electrical wiring for new FAA repair station. $42,000.00 • Modem Manufacturing - Miami, FL - designed and sold several electrical service upgrades, wiring of C.N.C. machines, etc. continuous service work. $420,000.00 • Moorings Ltd. - Tortola, British Virgin Islands - designed and sold installation of stand-by generator set. $38,000.00 • Moorings Ltd, - Tortola, British Virgin Islands - designed and sold complete new electrical distribution system for offices/hotel/marina/restaurant/maintenance fa- cility. $825,000.00 • Moorings Ltd, - Secret Harbor, Grenada - designed and sold complete new elec- trical distribution system, stand-by generator set and R. 0. water plant for ho- tel/marina/restaurant/maintenance facility. $58,000.00 • Moorings Ltd. - Marigot Bay, Saint Lucia - designed complete new electrical dis- tribution system and stand-by generator set for ho- tel/marina/restaurant/maintenance facility. $8,000.00 • National Store Fixtures - Pompano Beach, FL - installed new service and wired new C.N.C. machine and new spray booths. $46,000.00 • New High Glass - Miami, FL - exterior and interior remodeling. $52,000.00 GULFSTREAM PROJECT 10/7/2005 4 o Northwings; Accessory — Miami, FL — relocation of FAA repair station. $785,000.00 c3 Penn Dutch Meats - Hollywood, FL - various electrical project. $28,000.00 o Penn Dutch Meats — Margate, FL — new meat processing plant and retail store. $1.5M. u Pompeii Furniture - Miami, FL - complete electrical installation in new furniture factory. $85,000.00 u Pusser's - Tortola, British Virgin Islands - designed and sold new electrical dis- tribution system for office/store/restaurant building. $18,000.00 Li Quality Extruded Plastics - Pompano Beach, FL - complete electrical wiring of new extruded plastics factory. $22,000.00 o Quality Extruded Plastics - Pompano Beach, FL - installed electrical ser-vice. $13,000.00 u Reach -Out -For -Life - Davie, FL - storefront shell interior build -out for offices. $65,000.00 Li Seminole Indian Cattlemen's Club - Big Cypress, FL - electrical installation for new building. $30,000.00 u South Bank Apartments - Fort Lauderdale, FL - installation of exterior lighting, exit & emergency lighting and re -roofing project. $59,000.00 u Stat Oil - Sweden & Norway - installed temporary power and lighting for conven- tion in Fort Lauderdale. $55,000.00 L3 Stocking Island Yacht Club - Georgetown, Great Exhuma, Bahamas - designed and sold complete new electrical distribution system, stand-by generator sets, air- conditioning systems and remodeling of main house and guest cottages. $80,000.00 o Sun Auto Tops - Fort Lauderdale, FL - wired relocated auto sun roof facility. $37,000.00 u Ter -rill Motors - Fort Lauderdale, FL - structural work for overhead cranes, com- plete electrical renovation and wire large motor machine shop. $48,000.00 u Treasure Isle Hotel - Tortola, British Virgin Islands - designed and sold new elec- trical and water distribution system for 1500 linear feet of docks. $128,000.00 u Udelson Equipment Co. - Miami, FL - installed new service and wire new sand- blasting and painting operations. $45,000.00 GULFSTREAM PROJECT AA -ADVANCE AIR, INC. Date: October 3, 2005 Customer: City of Tamarac; Re: Air Conditioning Operations Dear: Mr. James Nicortra AA Advance Air, Inc. 1920 N.W. 32'4 Street Pompano Beach, FL. 33064 954-971-5801 PHONE 954-971-6476 FAX CAC 009109 AA Advance Air has assembled a team of specialists dedicated to successful management of the technical and administrative logistics. Our team will work to provide the most seamless transition possible to this program and will help ensure the ongoing effectiveness of the services and information you receive from AA Advance Air, Inc.. Doug Marshall — will manage your account in concert with the service administration group and will coordinate the implementation of the services provided herein. Doug will be your primary contact should you have questions about your account, or need special services of technical assistance. He can be reached at 954-971-5801, or via email at dmarshall@aaadvanceai'r.com. Doug Cady — will provide ongoing technical assistance and management for service operations. In addition, Doug will provide project estimating and specification services for system replacement and/or enhancement, project and services coordination and support. He can be reached at 954-275-6937 or via email at dou.q@aaadvalceair.com Christine Giardino — will be the primary service dispatching resource. Christine will provide dispatching services for unscheduled service calls. She will be your primary contact for reporting system problems and requesting service support. She can be reached at 954-971-5801 or via email at chrisfine(Qaaadvanceair.com • Kelly Mineweaser — will be the primary planned maintenance contact. She will schedule and provide the planned agreement technicians to comply with the stipulations on your Maintenance Agreement. She can be reached at kellv@aaadvanceair-com. • Robert Burrow — is the President of AA Advance Air. Robert has overall responsibility for managing the personnel and resources required to successfully execute the services we provide, He can be reached at 954-971-5801 or via email at robert(Saaadvanceai'r.com • Ronald Zukowski — is the special project manager. Ron will provide supervision on all retrofit air conditioning replacement projects. He can be reached at 954-275-6924 • Michael McHale — is the HVAC consultant, Michael will provide project estimating on all replacement projects. He can be reached at 954-971-580 Respectfully, AA Advance Air Incorporated AA ADVANCE AIR, INC. 10/7/2005 Attn: City of Tamarac Re: AA ADVANCE AIR, INC. Dear Mr, James Nicortra I would like to take an opportunity to introduce our company to you in the hope that you might consider giving us an opportunity to earn some of your business. AA Advance Air, Inc. has been operating in the Dade, Broward and Palm Beach market since 1976. We provide a full menu of commercial heating, ventilating, air conditioning and building services including construction, design build, service/maintenance, tenant services and environmental service. We operate out of a 20,000 sq.ft. building in Pompano Beach that houses our office ' sheet metal fabrication shop, fiberglass fabrication shop and welding shop. We pride ourselves in bringing exceptional value to our customers by self -performing the overwhelming majority of our projects, by providing design assist and value engineering services and by delivering the highest quality job within budget and on time. Our core values are shared by everyone in our organization and are very simple. Always act in our customer's best interest. Treat our external and internal customer's as we would like to be treated. And finally, achieve our goals by providing the highest level of customer service in the most efficient manner possible at the highest level of quality, We have been working for several customers recently that you may recognize, They include Stiles Construction, Shaffer Construction, Turner Construction, Itaska Construction and Miller Construction. Our core competencies include multi family, office retail, office distribution, fast track tenant improvements and controls/building automation. We are state certified, fully insured including an umbrella policy of 25 million dollars, and are fully bondable. AA ADVANCE AIR, INC. 1920 NW 32nd STREET, POMPANO BEACH, FL 33064 SBroward954566-4801 IN BrowardgU 971-58011 Dade 3O5944-88351WPI3 561736-0120 1 Fax 954.973-6476 Introduction Letter If you have a need for an HVAC subcontractor that can bring a large amount of value to a relationship then we should meet and talk further. I look forward to hearing from you. Sincerely, Michael W. McHale AA Advance Air, Inc. Page 2 of 2 AA •ADVANCE AIR, INC. REFERENCES: Mike Horsley RLX Video (4 Video Stores) 720 SW 12 Ave. Pompano Beach, FL 33060 (954) 946-7575 Eveline Minor Fairway Point Condominium (Condominium Buildings & Recreation) 20320 Fairway Oaks Drive Boca Raton, FL 33434 (561) 479-4950 John Rolland Roland Construction (Residential Home Contractor) 5788 Wind Drift Lane Boca Raton, FL 33433 (561)392-3141 Claudette Martin Bacardi Martini (Marketing Offices) 3094 N Commerce Parkway Miramar, FL 33025 (954) 441-8533 Randy Sutton Bristol West Insurance (Insurance Administration Bldg.) 5701 W. Sterling Road Davie, FL 33314 (954) 316-5200 Ext. 1199 Lee Swerdlow AA Advance Air, Inc. 1920 N.W. 32"d Street Pompano Beach, FL. 33064 954-971-5801 PHONE 954-971-1045 FAX CAC 009109 Lennar Properties, Inc. (Four Bldg. Office Rental Complex) 700 NW 107 Avenue Miami, FL 33172 (305) 229-0800 Fr, Tom Wisniewski Mary Help Of Christians (Catholic Church Complex) 6281 NW 66 Way Parkland, FL 33067 (954) 340-6462 Wayne Weaver Circuit City Stores, Inc. (All S.E. Florida Retail Locations) 9950 Mayland Drive Richmond, VA 23233-1146 (800) 627-2274 Bob Kozich, Jr. Gulfstream Developers (Building & Electrical Contractors) 951 NW 9th Avenue Ft. Lauderdale, FL 33311 (954) 566-4620 Jeff Sever First Pres. Church of Pompano (Presbyterian Church Complex) 2331 NE 26 Ave. Pompano Beach, FL 33062 (954) 520-8285 Joe Pugliese Alex Vega or Pam Maze Marriott's Horizon Club 1401 Associates (Adult Care Facility) (Residental Builders Offices) 1208 S. Military Trail 1401 University Drive Deerfield Beach, FL 33442 Coral Springs, FL 33071 (954) 481-2304 (954) 753-1730 Lisa Wright Tony Oliveria Northpoint Surgery Thomas Ruff & Co. (Laser Surgery Hospital Complex) (Office Furniture Facility) 200 North Point Parkway 3201 Commerce Parkway West Palm Beach, FI 33407 Miramar, FL 33023 (561) 242-2226 (954) 435-7300 Ken Morris Laura Howe Allen Development Corniche Condominium (Office Rental Locations) (Ocean Front Condo Bldg.) 1776 Pine Island Road 1440 S. Ocean Blvd. Plantation, FL 33322 Pompano Beach, FL 33062 (954) 474-1776 (954) 946-9031 Dean Kachel Oscar Reyes Quadrangle Health Club Starting Place (Health & Exercise Club) (Children Outreach Center) 2160 University Drive 2057 Coolidge St. Coral Springs, FL 33065 Hollywood, FL 33020 (954) 753-8900 (954) 925-2225 Jim Mayfield Gary Faircloth Salvation Army Levenger (Homeless Shelter) (Office Supply Store) 1445 W. Broward Blvd. 420 S. Congress Ave. Ft. Lauderdale, FL 33312 Delray Beach, FL 33445 (954) 524-6991 (561) 276-2436 ALAIKV. (;EK I 11-1k;A I t: Ul- LIAMLI I T IN%'%)UKAN%-,r_ L 03/1S/2OOS TM ;_�D­DUCER (M)994-1994 FAX (S61)997-7087 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Beacon Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6001 Broken Sound Pkwy.,N.W. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite SOO INSURERS AFFORDING COVERAGE NAIC III Boca Raton, FL 33497-2730 INSURERA� FCCI Commercial Ins Co 03499 1920 N.W. 32nd Street INSLIRERB; Zenith Insurance Company 02947 Pompano Beach, FL 33064 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDIN, ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAe r OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Ow NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE - MY) POLICY EXPIRATION DATE IMMIDONY) LIMITS GENERAL LIABILITY CPP00034852 03/19/ZOOS 03/19/2006 EACH OCCURRENCE $ 11000 =GE MENTED SE �xfior&�__ S 100,000 COMMERCIAL GENERAL LIABILITY MEE) EXP (Any one person) $ -5.1000 CLAIMS MADE F;­1 OCCUR PERSONAL & ADV INJURY $ 11000,000 A GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2'oOO'0OO 7 POLICY [fl jPRC')j F_� LOC AUTOMOIINLE LIABILITY CA0065545 03/19/2005 03/19/2006 COMBINED SINGLE LIMIT ANY AUTO (Ea amdent) 1,000,000 x BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) A X BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO S 1 AUTO ONLY! AGG EXCESSIUMBRELLA LIABILITY UMB0002897 03/19/200S 03/19/2006 EACH OCCURRENCE 5 SP0001000 AGGREGATE $ S10001000 _x] OCCUR FICLAIMS MADE A HDEDUCTIBLE 5 x RETENTION $ 10,000 WORKERS COMPENSATION AND Z049041603 11/13/2004 11/13/200S X 1 OTH- _—LIJI.- E-L. EACH ACCIDENT S 1POOOiOOO EMPLOYERS'LIASILITY a ANY PROPRIETOR/PARTNERIEXECUTIVE OFFtCERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S 1,000,000 It yes, describe tinder SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,00 _02000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EX%USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'ertificate holder is named as additional insured with regard to general liability City of Tamarac Purchasing Division 7S2S Northwest 88th Avenue Room 108 Tamarac, FL 333ZI SHOULD ANY OF THE ABOVE DESCRIOED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO T"ECIERTIFICATF HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE $HALL IMPOSE NO OBLIGATION OR LIAIBILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ,e. 12&,, AZZ69OZ Q)ACORD CORPORATION 1981 ACORD26(2001108) FAx: (9S4)724-2409 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of.Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon- ACORD 25 (2001108) City of Tamarac Parchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC F-11 k, 111 AA ADVANCE AIR, INC. THIS AGREEMENT is made and entered into this2l day of [)WcnoJ2er 2004 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and AA Advance Air Inc., a Florida corporation with principal offices located at 1920 NW 32 nd Street, Pompano Beach, FIL 33064 (the "Contractor") to provide for the phased installation of HVAC units at Tamarac City Hall. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, RFP Document No. 05-15R, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's RFP/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between the RFP 05-15R as issued by the City, and the Contractor's Proposal, 05-15R as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary for the phased installation of HVAC units at Tamarac City Hall. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and priorto of Tamarac 3)lnsurance and Contracts Division any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as. required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after City execution of the Agreement and after submission and acceptance of RFP required Payment and Performance Bonds. The first two of three HVAC units to be installed in Phase One shall commence February 17, 2006 and be completed February 20, 2006. Installation of the third unit for the Commission Chambers shall be completed by end of business day February 24, 2006. Phase Two installation consisting of two units shall be completed by February 27, 2006� 5) Contract Sum The Contract Sum for the above work is Two Hundred Seventy-three Thousand Five Hundred Seventy-two Dollars and zero cents ($273,572.00) which includes the RFP proposed five year all inclusive parts and labor warranty. 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of ten percent (10%) will be deducted from monthly N o v - 16 - 2 0 0 5 1 : 4 2 P M N o , 6 2 3 2 P - 2 Ckv of I "'wrol. zy, Purch,,.-�.7inrj and Contracis Diviz�ic)f I Payments until 50% of the project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the work, Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits shall be processed before the warranty period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 8) Warranty n� Contractor warrants the work against defect for a period of five (5) years from the date of completion of work as proposed in the RFP. In the event that defect occurs during this time, Contractor shall perform such Step$ as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The five (5) year warranty period does not begin until substantial completion of the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original RFP document. 9) Indemnification 9.1. The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.2. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. of Tamarac Put -chasing and Contracts Division 10) Non -Discrim I nation & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating anyjoint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. of Tamarac -0 Purchasing and Contracts Division 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Robert H. Burrow, President AA Advance Air Inc. 1920 NW 32 nd Street Pompano Beach, FL 33064 14) Termination 14.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice bythe terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. of Tamarac Purchasing and Contracts Division 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severabillity; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein, This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. ATTEST: -Marion- Swens6n, CIVIC City Clerk CITY OF TAMARAC ASchreiber, Mayor I I I 9,-q 1, D9te - Jeffrey 1U Milfer, City Manager I I LQ c6 Ddte Q- I 1105- Approved as to f nd legal sufficiency: Dale * )v C6 Attorney �/ I ATTEST: Signature of Corporate Secretary Carol S. Burrow Type/Print Name of Corporate Secy (CORPORATE SEAL) Date AA ADVANCE AIR INC. Company Name Signature of President Robert H. Burrow Type/Print Name of President - I I — 15-0c:-& Date 7 No Text City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF 4AOfLt -(4 ek., : SS COUNTY OF&,(-t1--T1kd— : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Robert H. Burrow, President, of AA Advanced Air Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 11 001�� LUT le-)U , 2 .tnl_ 'L'7 Personally known to me or Produced Identification Type of I.D. Produced F] DID take an oath, or F-1 DID NOT take an oath. 8 t, aAi�sZRAM J Imo-jo