HomeMy WebLinkAboutCity of Tamarac Resolution R-98-071Temp. Reso. #8154
Page 1
February 19, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98 7/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF
BID #98-12B FOR THE REPLACEMENT OF THE HVAC UNIT
AT THE BROWARD SHERIFF'S OFFICE TO THERMAL
CONCEPTS, INC.; AUTHORIZING AN EXPENDITURE OF
$40,562 FROM THE GENERAL FUND; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE AN AGREEMENT FOR HVAC REPLACEMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the HVAC unit at the Broward Sheriffs Office is obsolete and has been
repaired on numerous occasions due to mechanical malfunctions; and
WHEREAS, an inspection of the HVAC unit indicates that the unit is no longer
working effectively and efficiently, and that further repair attempts would be costly and
ineffective; and
WHEREAS, the City of Tamarac's HVAC technician has indicated the need to
replace the HVAC unit to prevent building damage as a result of deteriorating drain pans,
poor indoor air quality due to freon leakage from deteriorating coils, and increased energy
costs; and
WHEREAS, the City of Tamarac publicly advertised Bid #98-12B for the
replacement of the HVAC unit in the Sun -Sentinel on January 18th and 25th, 1998; and
Temp. Reso. #8154
Page 2
February 19, 1998
WHEREAS, on February 13, 1998, four (4) bids were opened and reviewed to
determine cost and responsiveness to the City's technical specifications; and
WHEREAS, bids were offered by the following companies: Thermal Concepts, inc.
($40,562), Americool Air Conditioning and Refrigeration, Inc. ($42,000), Kerney and
Associates, Inc. ($45,764), and Weathertrol Maintenance Corp. ($47,231); and
WHEREAS, Thermal Concepts, Inc. submitted the lowest responsive bid proposal
at $40,562; and
WHEREAS, it is the recommendation of the Director of Public Works, the Public
Works Operations Manager and the Purchasing/Contracts Manager that Bid #98-1213 be
awarded to the lowest responsive and responsible bidder, Thermal Concepts, Inc.; and
WHEREAS, available funds exist in the General Fund Budget for said purpose; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve the award
of Bid #98-12B for the replacement of one (1) HVAC unit to Thermal Concepts, Inc. in an
amount not to exceed $40,562.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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
IResolution upon adoption hereof.
Temp. Reso, #8154
Page 3
February 19, 1998
SECTION 2- The award of Bid #98-12B to Thermal Concepts, Inc. in the
amount of $40,562 is HEREBY approved, a copy of the Bid Tabulation being hereto
attached as Exhibit '11".
SECTION 3-1 The appropriate City Officials are HEREBY authorized to
execute an agreement with Thermal Concepts, Inc. for the replacement of one (1) HVAC
unit at the Broward Sheriffs Office, a copy of said agreement being hereto attached as
Exhibit "2".
SECTION 4: The City Manager or his designee is HEREBY authorized to
close the bid award, including but not limited to making final payment and releasing of
Ifunds upon the satisfactory completion of work.
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are
HEREBY repealed to the extent of such conflict.
SECTION 6: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
L,
11
I
PASSED, ADOPTED AND APPROVED this
ATTEST:
PATRICIA MARCURIO
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I
approved this
RESOLUTION as to form.
ITCHELL S. PAF
CITY ATTORNEY
Temp. Reso. #8154
Page 4
February 19, 1998
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ORIGINAL EXHIBIT "2"
Temp Reso #8154
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND THERMAL CONCEPTS, INC.
THIS AGREEMENT made this 11th day of March, 1998, by and between the
CITY OF TAMARAC (hereinafter called CITY) and THERMAL CONCEPTS, Inc.
(hereinafter called the CONTRACTOR), for the purpose of installing a new HVAC unit at
the Broward Sheriffs Office located at 7515 NW 88 th Avenue, Tamarac, Florida 33321.
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1 . The undersigned CONTRACTOR hereby represents that CONTRACTOR
has carefully examined the Bid Specifications and all Contract documents listed in
Paragraph 3 of this Agreement, and will comply with and perform the requirements of
this Agreement pursuant to all covenants and conditions contained in those documents.
2. The CONTRACTOR, as evidenced by the execution of this contract,_
acknowledges that CONTRACTOR has examined the physical characteristics of the job
requirements. The CONTRACTOR further acknowledges that the bid price of $40,562
includes all costs and expenses and is the total compensation required to be paid by the
CITY for the satisfactory completion of the requirements of this Agreement.
3. The Agreement between the CITY and the CONTRACTOR includes the
following documents which are attached hereto and incorporated herein by reference:
Invitation to Bid #98-12B
Instructions to Bidders,
General Terms and Conditions,
Special Conditions
Specifications
Bid Form
FILESMOWACContract.doc
1
UAJimbeWORD
ORIGINAL
EXHIBIT "2"
Temp Reso #8164
0
Statement of No Bid
Variations
Non -Collusive Affidavit
Certification
Bidder's Qualification Statement
References
Drug Free Workplace Certification
Any Modifications, including Change Orders, duly delivered after execution of this
Agreement.
4. The term of this Agreement shall commence on the date entered above
and expire I ar days from that date.
5. Wilenever either party desires or is required under this Agreement to give
notice to any other party, it must be given by written notice, sent by registered
United States mail, with return receipt requested, addressed to the party for
whom it is intended at the following addresses.
CITY
Robert S. Noe, Jr.
City Manager
City of Tamarac
7525 N.W. 88 th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
F1LES\BS0HVACContract.doc
2
UAJimbeWORD
ORIGINAL
EXHIBIT "2"
Temp Reso #8154
CONTRACTOR
Lawrence D. Mauer
President
Thermal Concepts, Inc.
2201 College Ave.
Davie, FL 33317
6. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest and duties under this contract and, specifically, the
CONTRACTOR shall not assign any moneys due or to become due without the prior
written consent of the CITY.
7, The CITY and the CONTRACTOR each binds themselves, their partners,
successors, assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in this Agreement and all attached
documents.
8. This Agreement constitutes the entire agreement between the CITY and
the CONTRACTOR and may only be altered, amended or repealed by a duly executed
written instrument.
9. This Agreement shall be governed by the laws of the State of Florida as
are now and hereinafter in force. The venue for actions arising out of this Agreement is
fixed in Broward County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST -
Patricia marcurio
It CITY CLERK
F1LES\BS0HVACContract.doc
3
CITY OF TAMARAC, FLORIDA
By: :�4/
1j/CE SCHREIBER, MAYOR
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K zim"k M
EXHIBIT "2"
Temp Reso #8154
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0
0
CITY ATTORNEY
WITNESS:
xzwawj�w
(Print or Type Name)
L/
(Print or Type Name)
FILEMBSOWACContract.doc
F11
By.
ROBERTS. NOE, JR.,
CITY MANAGER
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CONTRACTOR:
B
(Print or Type Name and Title)
U:Uimbe\WORD
ORIGINAL EXHIBIT "2"
Temp Reso #8154
CORPORATE ACKNOWLEDGEMENT
STATEOF
COUNTY
The foregoing instrument wc-a acknowledged before me this day of
1998 by (name of
officer or agent, title of officer or agent) of--�
(name of corporation acknowledging), a �C,. (state or
place of incorporation) corporation, on behalf of the corporation. He isj2:e�rs�onall
known to me
identification and did (did not) take an oath.
I
Signature of Notary Public — State
OFFICIAL NOTARY SEAL
of Florida GINA LIXIE
NOTARY pUBLIC STATE OF FLORIDA
COMMISSION NO CC557393
My COMMISSION W. MAY 23,20W
Print, Type or Stamp Name of Notary
Public
F1 LES\BSOWACContract. doc
5
(type of identification) as
U:\Jimbe\WORD
ORIGINAL
10 City of Tamarac
Public Works
6011 Nob Hill Road, Tamarac, Florida 33321-2401
Telephone: (954)724-2410 9 Facsimile (9,54) 724-2428
CITY OF TAMARAC
INVITATION TO BID,
BID NO. 98-12B
EXHIBIT "2"
Temp Reso #8154
Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac,
Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue,
Tamarac, Florida 33321-2401 until, Wednesday February 11, 1998 at 2:00 p.m., at
which time bids will be publicly opened and announced for:
_HVAC REPLACEMENT
BROWARD SHERIFF'S OFFICE BUILDING
All bids received after -the date -and time stated above will be returned unopened to the
Bidder. All Bidders are invited to attend the opening.
One original and two copies (2) of the bid shall be submitted on an official bid form
furnished with the bid package and those submitted otherwise will not be considered
-responsive. The submittal shall be plainly marked Bid No. 98-12B, HVAC
REPLACEMENT, opening February 11, 1998 at 2:00 p.m. - on the outside of the
envelope.
A 5% bid bond must be submitted with each bid. Performance and Payment Bonds
will be required prior to execution of the contract.
The City reserves the right to accept or reject any or all bids, or any part of any bid, to
waive any informalities, and to award in the best interest of the City of Tamarac.
Bid documents will be available for review and may be obtained from the Purchasing Office
at the above address. For inquiries, contact the Purchasing Office at (954) 724-2450.
Lynda S. Flurry, CPPO
Purchasing and Contracts Manager
Publish Sun Sentinel: Sunday, 01/18 /98 & Sunday, 01/25/98
IJAdm Correspondence\specifications\98-
BSO HVAC replacement bid package.doc
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Equol Opportunity Employer
ORIGINAL EXHIBIT "2"
Temp Reso #8154
INSTRUCTIONS TO BIDDERS
0 BID NO.98-1213
It is the intent of the City to award this bid to the lowest responsible and responsive bidder.
The City reserves the right to accept or reject any or all bids and to waive any informality
concerning the bids when such rejection or waiver is deemed to be in the best interest of
The City of Tamarac. The City reserves the right to award the bid on a split order basis,
lump sum or individual item basis unless otherwise stated.
4
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all offers made to the City of Tamarac by all
prospective Bidders including but not limited to Request for Quotes, Request for Bids and
Request for Proposals. As such the words "bid" and "proposal" are used interchangeably
in reference to all offers submitted by prospective bidders.
1. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the City's
Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321,
ON ' 1998, no later than 2:00 PM. At this time the bids will be opened,
the names of all Bidders will be announced and all bids shall be a matter of public record.
All Bidders and their representatives are invited to attend. The Bidder must show the bid
number, bid name, time and date of the bid opening on the outside of the sealed bid
package. Delivery of the sealed bids to the City Purchasing Office on or before the above
date is solely and strictly the responsibility of the Bidder. Late bids will be returned
unopened to the Bidder.
It is the Bidder's responsibility to read and understand the requirements of this bid. Unless
otherwise specified the Bidder must use the bid form furnished in the bid packet. Bidders
are required to state exactly what they intend to furnish to the City via this Solicitation and
must indicate any variances to the terms, conditions and specifications of this bid, no
matter how slight. If variations are not stated in the bid, it shall be construed that the
Bidder's bid fully complies with all conditions identified in this bid. The Bidder shall submit
one (1) ORIGINAL and two (2) copies of the bid. The ORIGINAL bid must be manually
and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind
the bidding company or firm by his/her signature. All quotations must be typewritten or filled
in with pen and ink. Bids having erasures or corrections must be initialed in ink by the
Bidder.
All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for
sixty days from the date of the bid opening unless otherwise stated by the City.
U:\Adm Correspondence\Specifications\98-
BSO HVAC replacement bid package.doc
ORIGINAL
EXHIBIT "2"
Temp Reso #8154
2. BONDING: An acceptable Bid Bond, Cashier's Check, or Certified Check payable to the
City of Tamarac in amount not less than 5 % (percent) of the bid, must accompany the
bid. Additional bonding may be required in the Special Terms and Conditions of this
invitation, The Bonding must be executed by a surety company authorized to do business
in the State of Florida or secured in a manner satisfactory to the City of Tamarac.
3. WITHDRAWAL OF BID: Any Bidder may withdraw its bid prior to the indicated opening
time. The request for withdrawal must be submitted in writing to the City Purchasing Office.
4. PUBLIC ENTITY CRIMES FORM: A person or affilibte 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 Section 287.017, for Category Two for a period of 36 months
from the date of being placed on the convicted vendor list,
5. NON -COLLUSIVE AFFIDAVIT: Each Offeror shall complete the Non -Collusive Form
and shall submit the form with the Proposal. CITY considers the failure of the Offeror to
submit this document to be a major irregularity and may be cause for rejection of the
Proposal.
6. QUANTITIES: Quantities 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 serve the interests of the
City.
7. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the
extent required under Special Conditions. Payment shall 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 bid
evaluation.
Bidders are encouraged to provide prompt payment terms in the space provided on the Bid
Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage
discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is
understood and agreed that the payment terms shall be 2% 10 days, effective on the date
that the City receives an accurate invoice or accepts the product, whichever is the later
date. Payment is deemed to be made on the date of the mailing of the check.
BSO HVAC replacement bid package.doc
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UAAdrn CorrespondencekSpecffications\98-
1610MIM-l"
EXHIBIT "2"
Temp Reso #8154
8. DELIVERY: All items shall be delivered F.O.B. destination to a specific City of Tamarac
address. All delivery cost and charges must be included in the bid price. All exceptions
shall be noted. Failure to do so may be cause for rejection of the bid. 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 bid.
9. BRAND NAMES: Manufacturers' name, brand name, model number or make is used
in these specifications for the sole —purpose of establishing minimum requirements of
quality, performance and design. APPROVED EQUAL is added to the specifications to
avoid ruling out qualified competition. Where equal'is bid, the Bidder must submit
brochures, specifications in detail and/or samples. The City shall be the sole judge of
equality.
10. 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 bid. Each sample must be marked with the
bidder'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
Bidder.
11. CONDITIONS OF MATERIALS: All materials and products supplied by the Bidder in
conjunction with this bid 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.
12. COPYRIGHTS OR PATENT RIGHTS: The Bidder 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.
13. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City
conforms With all respects to the standards set forth in the Occupational Safety and Health
Act and its amendments to any industry standards if applicable.
14. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions,
terms, specifications and requirement of the bid shall be just cause for the cancellation of
the bid award. The City may, by written notice to the Bidder, 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.
U:'Adm Correspondenoe\Specifications\98-
BSO HVAC replacement bid package.doc
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ORIGINAL
EXHIBIT "2"
Temp Reso #8154
15. DEFAULT: In the event that the Bidder defaults on the contract or the contract is
terminated for cause due to performance, the City reserves the right to obtain the materials
or services from the next lowest Bidder or other source during the remaining term of the
contract. Under this arrangement the City will charge the Bidder any excess cost
occasioned or incurred thereby and shall apply to any bid bond required.
16. TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7) calendar days written
notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may
without cause and without prejudice to any other right or remedy, terminate the agreement
fo,r the City's convenience whenever the CITY determirfes that such termination is in the
best interest of the CITY. Where the agreement is terminated for the convenience of the
CITY the notice, of termination to the Bidder must state that the contract is being terminated
for the convenience of the CITY under the termination clause and the extent of termination.
Upon receipt of the notice of termination for convenience, the Bidder shall promptly
discontinue all work at the time and to the extent indicated on the notice of termination,
terminate all outstanding sub -contractors and purchase orders to the extent that they relate
to the terminated portion of the Contract and refrain from placing further orders and sub-
contracts except as they may be necessary, and complete any continued portions of the
work.
17. ASSIGNMENT: The Bidder shall not transfer or assign the performance required by
this bid 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.
-18. EMPLOYEES: Employees of the Bidder shall at all times be under its sole direction
and not an employee or agent of the City. The Bidder shall supply competent and
physically capable employees. The City may require the Bidder to remove an employee
it deems careless, incompetent, insubordinate or otherwise objectionable without any cost
to the City or without any increase in contract price. Bidder shall be responsible to the City
for the acts and omissions of all employees working under its directions.
19. TAXES: The City of Tamarac is exempt from all Federal, State, and Local taxes. An
exemption certificate will be provided where applicable upon request.
20. BID PREPARATION EXPENSE: The Bidder preparing a bid in response to this bid
shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with
the understanding that no claim for reimbursement shall be paid by the City for the
expense of bid preparation and/or presentation.
21. SITE INSPECTION: It shall be the responsibility of the Bidder to inspect the site before
submission of bids. No plea of ignorance by the Bidder of conditions that exist or that may
hereafter exist as a result of failure to fulfill the requirements of this contract will be
BSO HVAC replacement bid package.doc
W�
U:%Adm Correspondence\Specifications\98-
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10MUCiNT M-1
EXHIBIT "2"
Temp Reso #8154
accepted as the basis for varying the requirements of the City or the compensation to the
Bidder.
22. OMISSION OF DETAILS: Omission of any essential details from these specifications
will not relieve the Bidder of supplying such product(s) as specified.
23. INSURANCE REQUIREMENTS: Bidder agrees that he or she will, 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. 4
Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount
as required by the City's Risk Manager before beginning work under this Agreement
including, but not limited to, Worker's Compensation Insurance, Unemployment Insurance,
Contractor§s Liability Insurance, and all other insurances required by law. Bidder shall
maintain such insurances in full force and effect during the life of this Agreement. Bidder
shall provide to the City's Risk Manager certificates of all insurances required under this
section prior to beginning any work under this Agreement.
Bidder shall maintain in full force and effect during the life of the contract, Workers'
Compensation insurance covering all employees in performance of work under the
contract. Bidder shall make this same requirement of any of its subcontractors.
Bidder shall indemnify and save the City harmless from any damage resulting to them for
failure of either Bidder or any subcontractor to take out or maintain such insurance.
The following are required types and minimum limits of insurance coverage which the
Bidder agrees to maintain during the term of this contract:
GENERAL LIABILITY PER OCCURRENCE
Comprehensive $1,000,000
Premises -Operations
Contractual Liability
Personal Injury
Explosion and Collapse
Underground Hazard
Prod ucts/Completed Operations
Broad Form Property Damage
Independent Contractors
Cross Liability and Severability of Interest Clause
AUTOMOBILE LIABILITY
Comprehensive
PER PERSON
$500,000
AGGREGATE
$2,000,000
PER OCCURRENCE
$1,000,000
UAAdm Correspondence\Specifications\98-
BSO HVAC replacement bid package.doc
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ORIGINAL
EXHIBIT "2"
Temp Reso #8154
Owned
0 Hired
Non -Owned
WORKERS'COMPENSATION
STATUTORY AMOUNT
Neither Bidder nor any subcontractor shall commence work under this contract until they
have obtained all insurance required under this sectioh and have supplied owner with
evidence of such coverage in the form of a Certificate of Insurance and endorsement.
Such certificates shall be approved by the City.
ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key
Rating Guide; be licensed to do business in Florida.
All policies provided shall be Occurrence not Claims Made forms. The Bidder's insurance
policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Bidder
shall be responsible for all deductibles.
All of the policies of insurance so required to be purchased and maintained shall contain
a provision or endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty (30) calendar days written notice has been
given to the City by certified mail.
24. INDEMNIFICATION: The Bidder 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 aftorneys'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 Bidder or his 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.
25. CLARIFICATION TO TERMS AND CONDITIONS: Where there appears to be
variances or conflicts between the General Terms and Conditions and the Special
Conditions and/or Technical Specifications outlined in this bid, the Special Conditions
and/or the Technical specifications shall prevail.
The Bidder shall examine all bid documents and shall judge all matters relating to the
adequacy and accuracy of such documents. Any inquires, suggestions, requests
U:\Adm Correspondence\Specifications\98-
BSO HVAC replacement bid package.doc
7
ORIGINAL
EXHIBIT "2"
Temp Reso #8154
concerning clarification or solicitation for additional information shall be submitted in writing
is to the CityL-of Tamarac Purchasing and Contracts Manager. It shall be the bidder's
responsibility to bring the discrepancy between General Terms and Conditions, Special
Conditions, and/or Technical Specifications immediately to the attention of the Purchasing
and Contracts Manager. Failure to bring the discrepancy to the attention of the City shall
result in the City making the final interpretation whose decision shall be final. The City
shall not be responsible for oral interpretations given by any City employee or its
representative.
26. BID TABULATION: Bidders who wish to receive a bopy of the bid tabulation should
request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting
a tabulation be sent to their fax machine. Bid results will not be g�ven out by telephone.
The City does not notify u nsucr-essfuL bidders of contract awards.
UAAdm CorrespondeneekSpecifications\98-
BSO HVAC replacement bid package.doc
ORIGINAL
EXHIBIT "T'
Temp Reso #8154
SPECIAL CONDITIONS
1. ASSIGNMENT OF CONTRACT: Neither this contract, nor any portion thereof, shall be
assigned, except by formal approval of the City Commission. No such approval will be
construed as making the City a part of or to such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the contractor of his liability and obligation under this contract, and
despite any such assignment, the City shall deal through the Contractor only. However,
if the company is sold during the life of the contract, the buying agent must provide the City
with a letter signed by an officer of the new owner that can legally bind the company,
stating that they will continue to perform the requirements of the contract under all the
terms, conditions, and specifications so stated in the contract.
2. CONTRACTOR'S RESPONSIBILITY: Contractor shall provide sufficient manpower so
as to perform work safely and expeditiously with all equipment plainly marked with the
company name. All equipment provided pursuant to this agreement shall be in good and
proper working order. The contractor shall provide a qualified foreman present on the site
at all times, as a fully authorized agent of the contractor, and capable of making on -site
decisions. The contractor -shall be aware that the job site is in a City facility, that it is not
secure, and as such is subject to pedestrian traffic at all times of the day and night. No
unsecured materials or equipment are to be on site at night or over a weekend, unless
arrangements have been made with and prior approval obtained from applicable City
personnel in writing. Any materials or equipment left on site shall be with the Contractor,
who is fully and totally responsible for security. Any questions that arise during the term
of the contract shall be directed to 1) Vinny Rutigliano, Building Maintenance
-Superintendent, and 2) Jim Berkman, Public Works Coordinator.
3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY: Extreme care shall be taken
to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and
vehicles on or around the job site. Damage to public and/or private property shall be the
responsibility of the contractor and shall be repaired and/or replaced in equal or better
condition at no additional cost to the City. The contractor shall use all means to protect
existing objects, structures and vegetation designated to remain. The Contractor shall
immediately make all repairs, replacements, and dressings to the damaged areas to the
satisfaction of the City and at no additional cost to the City. In the event of damage to
public and/or private property, the contractor shall immediately contact the City's Public
Work's Department by telephone at (954) 724-2410 and inform
4. PERMITS AND LICENSES: The contractor shall be responsible for securing all City
Building permits, However, all City permit fees are waived. The contractor shall submit
copies of all permits required for this work. The contractor will be responsible for all County
fees (B. 0. R.A. - $0.35 per $1000).
5. PAYMENT: Payment will be made after the services has been completed, accepted,
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BSO HVAG replacement bid package.doc
9
ORIGINAL
EXHIBIT "2"
Temp Reso #8154
and properly invoiced. Invoices must bear the project name, bid number and purchase
order number. The City has up to thirty (30) days to review, approve and pay all invoices
after receipt.
6. CONTRACT DOCUMENTS: In addition to the agreement, the contract documents shall
consist of the Bid Proposal executed and submitted by the contractor, technical
specifications, plans and specifications (where applicable), any addendum's or change
orders, performance bond, insurance certificate, and the City resolution awarding the bid.
7. BONDS: The contractor shall furnish a separate Petformance Bond in the amount of
100% of the total bid award amount as security for the faithful performance of all of the
contractor's obligations under the contract documents, per City Code Section 10-156,
If the surety on any bond furnished by the contractor is declared bankrupt or becomes
insolvent, or its right to do business is terminated in Florida, the contractor shall, within
seven (7) days thereafter, substitute another bond meeting the requirements outlined
above, which must also be acceptable to the City.
8. CHANGE ORDERS: Without invalidating the contract, and without notice to any surety,
the City reserves and shall have the right to make increases, decreases or other changes
to the character or quality of the work as may be considered necessary or desirable to
complete the proposed. construction in a satisfactory manner. The contractor shall not start
work on any such alteration that requires an increase to either the contract price or contract
time until a change order setting forth the adjustments is approved by the City, and
executed by the City and contractor. Once the change order is so approved, the contractor
shall promptly proceed with the work.
In the event satisfactory adjustment cannot be reached by the City and the contractor for
any item requiring a change in the contract price or contract time, and a change order has
not been issued, the City reserves the right at its sole option to terminate the contract as
it applies to these items in question and make such arrangements as the City deems
necessary to complete the work. The value of any work covered by a change order for an
increase or decrease in the contract price shall be determined by mutual acceptance of a
lump sum by the City and Contractor. If notice of any change in the contract or contract
time is required to be given to a surety by the provisions of the bond, the giving of such
notice shall be the contractor's responsibility, and the amount of each applicable bond shall
be adjusted accordingly.
BSO HVAC replacement bid package-doc
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UAAdm Correspondence\Specffications\98-
ORIGINAL EXHIBIT "2"
Temp Reso #8154
TECHNICAL SPECIFICATIONS
HVAC PROJECT SPECIFICATIONS FOR BSO
BID NUMBER 98-12B
Specifications
Scope of Work:
Contractor shall furnish all labor, supplies, materials, equipment, tools, service and
supervision necessary to perform and maintain the work conducive with a neat, clean
and orderly condition for the installation of a new HVAC unit and removal of the existing
HVAC Unit at the Broward Sheriffs Office located at 7515 NW 88" Avenue. Equipment
shall be Trane or approved equivalent. Work shall be completed within ten (10) days
from receipt of equipment including weekends and holidays.
Mechanical Equipment:
Contractor shall furnish all mechanical equipment including but not limited to:
• New Trane condenser (model #RAUCC40EC) 3 phase 200 volt or approved equivalent
(compressors must be hermetically sealed).
• New Trane air handler (model #MCCA030) or approved equivalent.
• New air handler stand.
• New 1 5/8" x 5/8" refrigerant lines (two sets).
• New copper fittings and piping.
0 New liquid line core driers (total of 2).
• New motor starters.
• New liquid line solenoid valves
• New thermostatic expansion valves (TXV's).
• Sight glasses.
• New 1 1/4" PVC.
• New virgin refrigerant (R-22).
• New Two -stage digital / programmable thermostat.
• New fire stat
Electrical Equipment:
Contractor shall supply all electrical equipment including but not limited to:
• All supply and control wiring with applicable conduit.
• All electrical disconnects, wires, fuses, breakers, etc.
• Motor starters where applicable.
Installation:
0 Reclaim refrigerant in existing equipment and dispose of equipment in industry approved
manner.
0 Connect to existing heat strips.
0 Connect to existing duct with new galvanized, lined metal duct.
BSO HVAC replacement bid package.doc
11
UAAdm Correspondence\Specifications\98-
ORIGINAL EXHIBIT "2"
Temp Reso #8154
0
• Electrical and mechanical permits.
0 Insulate -piping.
• Lifting and hoisting.
• Remove outside air grill for aZxess and reinstall, patch, paint.
Warranty:
9 1 year parts and labor warranty with an minimum 4 year part warranty on compressors.
Other:
0 Four (4) week ship cycle
0 Turn key price
0 Onsite verification of accessibility, electrical, voltages, wire sizes, model and serial
numbers of proposed units.
- All work shall conform to SGuth Horicla Building Code, ASHRAE fresh air standards,
ERA. refrigerant laws, and National Electrical Code.
BSO HVAC replacement bid package.doc
I M
UAAdm Correspondence\Spec�fications\98-
ORIGINAL
EXHIBIT "2"
Temp Reso #8154
11
COMPANY NAME: (Please Print)- Thermal Q=eptE, Tnc.
Phone: 954-472-4465
Fax: 954-370-6410
—NOTICE--
BEFORE SUBMITTING YOUR BID,.MAKE SURE YOU...
1. Carefully read the SPECIFICATIONS and then properly fill out the BID FORM
(Attachment "A").
2. Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "B" and have it properly
notarized.
,-�3. Sign the CERTIF ICATION PAGE (Attachment "C"). Failure to do so will result in your Bid
being deemed non -responsive.
4. Fill out BIDDERS QUALIFICATION STATEMENT (Attachment "D").
5. Fill out the REFERENCES PAGE (Attachment "E").
6. Sign the VENDOR DRUG FREE WORKPLACE FORM (Attachment "F")
7.' Include WARRANTY Information, if required.
8. Clearly mark the BID NUMBER AND BID NAME on the outside of the envelope.
9. Submit ONE (COLORED) AND TWO (2) PHOTOCOPIES of your bid.
10. Include a BID BOND, if applidable. Failure to provide a bond will result in automatic
rejection of your bid.
1. Make sure your BID is submitted prior to the deadline. Late Bids will not be accepted
—""'12. Include proof of insurance.
L_'_<3. Execute and submit agreement (Attachment "G")
FAILURE TO PROVIDE THE REQUESTED ATTACHMENTS MAY RESULT IN YOUR BID BEING
DEEMED NON -RESPONSIVE.
isTHIS PAGE AND THE FOLLOWING COLORED PAGES ARE TO BE RETURNED WITH YOUR BID.
THIS SHOULD BE THE FIRST PAGE OF YOUR BID.
UA1998 B1D\98-12B\bsohvacspec.doc
13
ORIGINAL
EXHIBIT "2"
Temp Reso #8154
0
ATTACHMENT "A's
BID FORM
BID NUMBER 98-12B
To: The Purchasing and Contracts Manager of the City of Tamarac:
We propose to furnish the following in conformity with the specifications and at the below
bid prices. The bid prices quoted have been checked and certified to be correct. Said
prices are fixed and firm and shall be paid to Bidder for the successful completion of its
obligation as specified in the contract documents.
LABOR
$ 3n,853 46---
MATERIAL
$ 29,708-54
TOTAL
$ AQ,562-00
SERVICE AGREEMENT (ANNUAL)
$ N/A
The undersigned declare to have specific and legal authorization to obligate their firm to
the terms of this bid, and further, that they have examined the Invitation to Bid, the
instructions to Bidders, the Specifications, and other documents included in this bid
request, and hereby promises and agrees that, if this bid is accepted, they will faithfully
fulfill the terms of this bid together with all guarantees and warranties thereto. The
undersigned bidding firm further certifies the product and/or equipment meets or exceeds
the specification as stated in the bid package; and also agrees that products and/or
equipment to be delivered which failJo meet bid specificatiq.D§ will be rejecte by the City
within thirty (30) days of delivery, Return of rejection wiv-15-ei�"hepppns Of the bidder.
TheMal Cgnc=t-q, lac -
Company Name
2201 C611-me Avenue
Address
Davie, Florida 33317
City, State, ZIP
CACO 39621
Contractor's License Number
ir,
ized Sign
Lawrence D.
Typed/Printed Name
954-472-4465 954-370-6410
Telephone & Fax Number
592317557
Federal Tax ID#
UA1998 B1D\98-12B\bsohvacspec.doc
ORIGINAL EXHIBIT "2"
Temp Reso #8154
49
ATTACHMENT "Ast
continued
Bidders Name: Thermal Concepts, Inc.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder
shall be deemed non -responsive and ineligible for award.
TERMS:. 2 % DAYS: 1 o
Delivery/completion: --so calendar days after receipt of Purchase Order
NOTE: To be considered eligible for award, ONE (1) ORIGINAL AND TWO (2) COPIES
OF THIS BID FORM must be submitted with the Bid.
IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why a Bid Proposal is not being submitted at this time.
Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor
listing.
15
UM998 810\98-12B\bsohvacspec.doc
ORIGINAL EXHIBIT "2"
Temp Reso #8154
ATTACHMENT "A"
continued
Bidder's Name: Thennal Concepts, Inc.
Variations:
The Bidder shall identify all variations and exceptions taken to the Instructions to
Bidders, the Special Conditions and any Technical Specifications in the space
provided below; provided, however, that such variations are not expressly
prohibited in the bid documents. For each variation listed, reference the applicable
section of the bid document. If no variations are listed here, it is understood that
the Bidder's Proposal fully complies with all terms and conditions. It is further
understood that such variations__may be cause for determining that the Bid Proposal
is non -responsive and ineligible for award:
Section Variance N/A
Section Variance
Section Variance
Section Variance
Attach additional sheets if necessary.
.41
0
i U
UA1998 B1D\98-12B\bsohvacspec.doc
ORIGINAL EXHIBIT "2"
Temp Reso #8154
40 State of Florida
)ss.
County Of Broward
ATTACHMENT "B$p
NON -COLLUSIVE AFFIDAVIT
LaWren-ce-D. Maurer being first duly sworn, deposes and says that:
He/she is the Qmgr (Owner, Partner,
Officer, Representative or Agent) of
Thermal Qonce]2ts, the Bidder that has submitted the attached
Bid;
(2) He/she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid:
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder 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
Bidder, firm, or person to submit a collusive or sham Bid in connection with the
Work for which Ahe attached Bid has been submitted; or to refrain from bidding in
connection with such work; or have in any manner, directly or indirectly, sought by
person to fix the price �or prices in the attached Bid or -of any other Bidder, or to fix
any overhead, profit, or cost elements of the Bid price or the Bid price of any other
Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested in the
proposed work;
(5)
The price or prices quoted in the attached Bid are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Bidder or any other of its agents, representatives, owners, employees or
parties in interest, including this affiant. __1)
Signed, sealed and delivered
i pres
ynCf) Of-
W _5
Witness
(Printed Name)
President
(Title)
UMM B1D\98-128\bsohvacspec.doc
17
NIZ410,11T-11111
I
EXHIBIT "2"
Temp Reso #8154
0
9
0
ATTACHMENT "B's
continued
NON -COLLUSIVE AFFIDAVIT
ACKNOWLEDGMENT
State Of Florida )
)ss.
County of BrOward
BEFORE ME, the undersigned authority, personally appeared lawrence D.
Maurer to me well known and known by me to be the person described herein
and who executed the foregoing Affidavit and acknowledged to and before me that
law_-encp D- manrar_ executed said Affidavit for the purpose therein
expressed.
WITNESS my hand and official seal this 13th day of February_, 1998
x Personally known to me or
Produced identification
Gina Lixie
N Florida at Large
(Signature of Notary Public: Print, Stamp, or.Type
as Commissioned)
Type of I.D. Produced
DID not take an oath, or DID
.,NOT take an oath.
i&]
OI1qCIALNOTARYSEAI
GINALIXM
NOTARY KMLJC STATE OF FLORIDA
C01102MSSION NO CCM7393
MY COMMMION EXP. MAY 23.20DO
UM 998 810\9&1 2B\bsohvacspec.doc
ORIGINAL EXHIBIT "2"
Temp Reso #8154
ATTACHMENT loco$
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We(l), the undersigned, hereby agree to furnish the item(s)/service(s) described in the
Invitation to Bid. We(l) certify that we(l) 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 0 PARTNERSHIP 0 CORPORATION M OTHER 0
IF OTHER, EXPLAIN:
AUTHORIZED SIGNATURE:
gLawrence D.
AUTHORIZED SIGNATURE (PRINTED OR TYPED)
President
TITLE
FEDERAL EMPLOYER I.D. OR SOCIAL SECURITY No 59-2317557
COMPANY NAME: The=l -coacepts., Tnr-
ADDRESS: 2201 College Avenue
CITY: Davie
TELEPHONE NO.: 954-472-4465
CONTACTPERSON: Phil London
STATE: Florida ZIP:— 33317
19
FAX NO.: 954-370-6410
UA1998 B1D\W12B\bsohvacspec.doc
ORIGINAL EXHIBIT "2"
Temp Reso #8154
is
ATTACHMENT'sD"
BIDDERS QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and all answers
to questions made hereinafter:
Name of Company. Thermal Conc2Qts, Inc.
Address:- 2201 College Avenue Davie Florida 33317
Street City State Zip
Telephone No. ( 954 ) 472-4465 Fax No. ( 954 ) 37Q-641 0
How many years has your organization been in business under its present name?. years 15
If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida
Fictitious Name Statute: N/A
Under what former names has your business operated? None
At what address was that business located?
Are you Certified? Yes E) No 13 If Yes, ATTACH A COPY OF CERTIFICATION
Are yo-u Licensed? Yes 12 No El If Yes, ATTACH A CGPY OF LICENSE
Has your company or you personally ever declared bankruptcy?
Yes 0 No 13 If Yes, explain:
Are you a sales representative 13 distributor 13 broker 0 or manufacturer 0 of the
commodities/services bid upon?
Have you ever received a contract or a purchase order from the City of Tamarac or other
governmental entity? Yes 12 No 0
If yes, explain (date, service/project, bid title, etc) lis c,Listm.9 T4anaar, MTa Fffda- 5APCM=
CitY Water Plant, SO. F1, Water T=tmebt, 3gd Diatrict Qnurt-T= Storage
Have you ever received a complaint on a contract or bid awarded to you by any governmental
entity? Yes 0 No Q If yes, explain:
Have you ever been debarred or suspended from doing business with any governmental entity?
Yes 0 No 12 If yes, explain:
UA1998 130\98-1213tsohmspec.doc
20
ORIGINAL
EXHIBIT "2"
Temp Reso #8154
0
0
ATTACHMENT "E"
REFERENCES
Please list name of government agency or private firm(s) with whom you have done
business within the past five years:
Agency/Firm Name:
WEI EnyinorffMntal Services
Address 4200 UH 36th stxmt
MBIO�. _-AQ=jjUaMEr
—City/State/ZipMiami, FT.
Phone:_3ftc,ro_q_120Q —Fax: 305=625,oZZ
Contact ji rn S;aj nn,7,nyw
Agency/Firm Name:
Address--22ol sw 117th Aypnilp
1a-_,qfm-rncp
City/State/Zip Miami, FL 33166
Phone: —Fax: -
Contact
Agency/Firm Name:
Address 3575 NW 53rd Rt-rptnt-_
Twe mz�&bccj -
City/State/Zip Ft. Ldle, FL 33309
Phone:954-733-4211 —Fax:
Contact Mr,__Jame
,g QgMMjnc(s
Agency/Firm Name:
James B. Pirtle Construction
Address 4740 Davie j3d_ Fxi---
MhEle sdml
City/State/Zip Holjyvood, _FL_ 33314
Phone: - 954-797-4D41 0 —Fax: 2.CA=_N2__6M
Contact
Agency/Firm Name:
DiRorn 0 - I-,,
m2 Construction
Address:, 7522 Wiles Rd.
Palmview E12T2gtaa
City/State/Zip coral springs, FL 33305
Phone:954-345-5100 Fax:954-345-9976
Contact: jQUniEGT= Jr
Agency/Firm Name:
Address:2120 NE 21st Street
S. FL. Water MGmt. Bldg. B-50
City/State/Zip Ft. Lauderdale, FL 33305
Phone954-563-4774 Fax:
Contact:
A,gency/Firm Name:
R th Brothers
Address:541 S. State Rd. 7
MiamLF—ederal DetentiQu center
City/State/Zipforgate, FL 33068
Phone: 954-970-Ma; Fax:-95.4-970-"goll
Contact: Marty
Agency/Firm Name:
St0ftci3_:-&, Webster
Address: 20803 Biscayne Blvd
222P0_r.;-CitY-,Water Treatment
City/State/Zip &vem:tura, FT. 3'1180
Phone: 305-682-3870 Fax: 305-E82-.M
Contact:
YOURCOMPANYNAME Thermal Concepts, Inc.
ADDRESS 2201 College Avenue, Davie, Eloricla --i-i3j7_
PHONE: - 954-472-4465
21
2�- MMMA �6�
UA1998 B10\98-12ftsohmspec.doc
ORIGINAL EXHIBIT "2"
Temp Reso #8154
ATTACHMENT "F"
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
effects 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 which 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 non 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 business0s 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 go.od faith effort to continue to maintain a drug -free workplace through
impleme9ta"n of this section. As the person authorized to sign the statement, I certify that
this I'
joffn 96mp ies fuj"ith tDe above requirements.
gg X, The=ml Concepts, Inc.
rized Sighgfupd Company Name
UA1998 B1D\98-12B\bsohvaCspec.doc
22