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Certification of Contract - MRSE, LLC dba Roth Southeast AM . I CAC CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: HVAC Equipment, Installation, Parts and Services CONTRACT NO.: 2014-066 EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years from date of Contract execution by the Mayor and City Clerk, and may be extended for three (3) additional one-11) year periods. SUPERSEDES: N/A CONTRACTOR(S): MRSE, LLC d/b/a Roth Southeast. (Group 22) ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on March 5, 2014, for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into to provide for HVAC equipment, installation, parts and services pursuant to City Invitation to Bid No. 2014-066 and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2014-066. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Eric Carpenter, Public Works Director, at 305-673-7080. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the -City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Certification of Contract 1 Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases fora period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall -be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. Certification of Contract 2 K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified- United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: MRSE, LLC d/b/a Roth Southeast 2260 S.W. 66th Terrace Davie, Florida 33317 Attn: Diane Fox Phone: 954-423-6640 ext. 248 or cell 954-520-2318 Fax: 954-423-6684 E-mail: dtfox a,rothsoutheast.corn L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Certification of Contract 3 N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the-City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Pertification of Contract to be signed and attested on this day of YYIGrcA- , 20 � , by their respective duly authorized representatives. CONT CITY OF MIAMI S By resident/Sig ature [yor � 7 � Y Print me D to Dat ATTEST: ATTEST: Secretary/ Signature City Clerk 11 INCORE 1�°;TrC.' `�°••-. r�,�;f 1, •: �/� i Print Name .......... Date i 1 Date F:\PURC\$ALL\Solicitations\2014\2014-066-SW HVAC Repair and Services\Contract\2014-066 Thermal Concepts Inc.doc i I I I I I I (APPROVED AS TO FORM & LANGUAGE &:FOR CUTION 3 -Z� - (4- 5 -City to Date COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Pursuant To Invitation To Bid (ITB) No. 2014-066 For HVAC 'Equipment, Installation, Parts and Services. Key Intended Outcome Supported: Ensure Well-Maintained'Facilities. i Supporting Data(Surveys, Environmental Scan, etc.): NIA Issue: "Shall the City Commission approve the award of Contract? Item Summa /Recommendation: The.purpose of this item is to approve contracts to provide HVAC Equipment, Installation, Parts and Services at various facilities located within the-City of Miami Beach pursuant,to ITB..2014-066. This item is necessary to expedite HVAC repairs.and installations as necessary-on all City facilities. The City has immediate need of firms and contractors, who are authorized by the manufacturers to sell equipment, perform installation and provide J service. The successful Bidder shall furnish air conditioning -repair services, including parts, labor, materials, , .equipment and supervision for all the air conditioning units Forty-(40) vendors were notified of the solicitation, with ten (10) vendors downloading-the solicitation. Five (5) responses were received in response to the solicitation. After review of responses received, it is recommended that the following responsive, responsible bidders be awarded the contract(s).For Groups 1-6,8, 10,13, 16-21,23:Master Mechanical Services, Inc.as the sole vendor. For Groups 7, 9, 11, 12, 14, 15:-Comfort Tech as the sole vendor.-Finally, for Group 22: MRSE, LLC d/b/a Roth 'Southeast as the sole vendor. RECOMMENDATION It is recommended that Master Mechanical Services, Inc. be awarded Groups 1-6, 8, 1.0, 13, 16-21, 23; that Comfort Tech be awarded.Groups 7,9, 11, 12, 14, 15:and MRSE,LLC d/b/a Roth Southeast be awarded Group 22. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $115,000 Property Department Account No. 520-1720-000342 0 Total $115,000 Financial Impact Summary: The annual cost associated with HVAC Equipment, Installation,Parts and Services to funds availability approved through the annual budgeting process. Account information and availability of funds shall be j verified and approved for each request prior to procuring the services.The funding and accounts noted above are the FY 2014 budget amounts approved by Commission. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext*6641 Sign-Offs: De ent Director Assis4(ntCity Mag&qr City Mfinager A ETC KG M JLM FAT .D' ENDA%2G141March\Procurement\ITB 2014-- -SW HVAC Equipment,Installation,Parts&Services ITEM SUt MARY.doc AGENDA ITEM C2 C /"VA1AMJBtfAACH DATE -S/ M]AMI B EAC City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeochfl.gov II COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City mmission FROM: Jimmy L. Morales,-City Manager DATE: March 5, 2014 SUB}ECT: REQUEST FOR APPROVAL TO AWA D A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2014-066 FOR HVAC EQUIPMENT, INSTALLATION, PARTS AND SERVICES ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure Well-Maintained Facilities. FUNDING The annual cost associated with HVAC Equipment, Installation, Parts and Services is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted below are the FY 2014 budget amounts approved by Commission. $115,000 Property Department Account No. 520-1720.040342 Should additional funding be required due to increased need of services,it will be subject to the review and approval of the Office of Budget and Performance Improvement(OBPI). BACKGROUND INFORMATION The purpose of Invitation to.Bid (ITB) No. 2014-066 is to establish a contract, by means of sealed bids, with a qualified firm(s) to-provide HVAC Equipment, Installation, Parts and Services at various facilities located within-the City of Miami Beach pursuant to ITB. 2014- 066.This item is necessary in order to reduce the cost and time of advertising, shorten the response time and improve the efficiency and clarity in the production of the.contracts for HVAC services Citywide. The-City has immediate need of firms and contractors,who are authorized by the manufacturers to sell equipment,perform installation and provide service. The successful Bidder shall furnish air conditioning repair services, including parts, labor, materials, equipment and supervision for all the air conditioning units. These services are needed for regular maintenance and emergency situations. 65 Commission Memorandum ITB 2014-066 HVAC Repair and Services March 5, 2014 Page .I2 The ITB also requested bidders to submit, for each manufacturer group for which bidder submits a bid, documentation from the manufacturer that bidder is authorized to sell parts, install and provide service. The City may award up to three vendors (primary, secondary, tertiary),as available,byline item,by group or in its entirety. The City will endeavor to utilize vendors in order of award.However,the City,may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the-City to do so regardless of reason. The contract(s) entered into with the successful bidders)shall remain in effect for two(2) years. The price offered by the Bidder in its Bid Proposal shall remain firm and fixed during the initial two (2) year term. The City, through its-City Manager, shall have the-option to renew this contract for an additional three (3) one-year periods on a year-to-year basis. During the renewal term,the City may consider an adjustment to price based on changes in the applicable CPI-U index. ITB PROCESS ITB No. 2014-066,was issued on December 6,2013,with a bid opening date of January 9, 2014. Three (3) addenda were issued to answer to questions submitted by prospective bidders. The Department of Procurement Management issued bid notices to twenty.(20) firms utilizing the Public Group and ten (10) prospective bidders accessed the advertised solicitation. Additionally, twenty (20) firms were notified of the ITB through the Florida Purchasing Group website. Finally, the Department of Procurement Management sent the ITB document to additional firms not registered with the Public Group. The notices resulted in the receipt of five(5)responsive and responsible bids from Airmatic Controls, Comfort Tech, Master Mechanical, MRSE, LLC d/b/s Roth Southeast and Premiere Air Conditioning & Refrigeration. The ITB stated that the lowest responsive, responsible bidder meeting all terms,conditions, and specifications of the ITB will be recommended for award. Veterans and local preferences were considered during the tabulation of the bids received. Local preference was not applied to any of the bidders. The Bid Price form was categorized by manufacturers resulting in twenty-three(23)groups. The manufacturers on the bid price form included: Baber Coleman, Bard, Bristol Compressors, Carrier Equipment, Climate Master, Coleman, Copeland Compressors, Evapco, Friedrich, Florida Heat Pump Equipment, Goodman, Janitrol, Johnstone Supply, Lenox, Mitsubishi,Rheem Equipment,Trane Equipment,York Equipment, Ice O Matic,Delta Controls, Direct Digital Controls, Explorer°Controls, and Johnson Controls. With regards to HVAC equipment, installation,parts and service the bids received from three (3)different vendors were deemed the lowest"responsive"to the bid requirements. Those vendors are: Comfort Tech Air Conditioning &Refrigeration, Master Mechanical Services, Inc., and MRSE, LLC (dlbla Roth Southeast), All of the responsive vendors provided the necessary manufacturer's letter authorizing service and selling of parts and equipment. 66 Commission Memorandum !TB 2014-066 HVAC Repair and Services March 5,2014 Page 13 The Department of Procurement Management verified the following: • Minimum Requirements 1. Licensure/Certification. Miami-Dade County Air Conditioning Mechanical Journeyman license or Journeyman General Mechanical license, and EPA 608 Technical Program Certification. Current licenses must be provided with bid, and no personnel shall service City facilities without said licenses. Comfort Tech Air Conditioning & Refrigeration, Master Mechanical Services, Inc., and MRSE,.LLC(d/b/a Roth Southeast)submitted the required licenses. 2 Similar Experience. Bidder shall demonstrate previous experience in regards to the requirements of this solicitation for a period of no less than three (3)years in providing these services to at least one government agency in the Tri-County area (Miami-Dade, Broward, Palm Beach). Comfort Tech Air Conditioning & Refrigeration received very positive feedback from Miami-Dade County Corrections, Turner Construction Company, and Pirtle Construction Company. Master Mechanical Services, Inc. received excellent references from Miami-Dade College, Caristo Construction, and Monroe County. MRSE, LLC ON% Roth Southeast)received great feedback from Florida Atlantic University,Amersco, and also has successfully provided services for the City of Miami Beach. 3 Manufacturer Authorization. Bidder shall submit, for each manufacturer group for which bidder submits a bid, documentation from the manufacturer that bidder is authorized to sell parts, install and provide service. i All three (3)vendors provided the manufacturer's letter of authorization for the groups they are being recommended for award. 67 Commission Memorandum I TB 2014-066 HVAC Repair and Services March 5,2014 Page 14 ® Past Performance Comfort Tech,located in Hialeah Gardens, Florida;has provided HVAC services and products for 17 years with over ten (10) years of service in South Florida. Specifically, they have successfully-completed projects with Jackson Memorial Master Mechanical Services, Inc., located in Miami, Florida; has been servicing South Florida for over 20 years and has 33 years in the HVAC industry. Their technicians hold EPA certifications and have also received additional training in Refrigerant Transition and Recovery and other technical certifications. MRSE,LLC-(d/b/a Roth Southeast), located in Davie,Florida;has three(3)years of HVAC service under its current name and in the past ten (10)years has operated under the name of Thermal Concepts. They are members of Energy Star and are Authorized Building Control Specialist(ABCS)for the state of Florida. Pricing submitted by all vendors is included in Appendix A. Based on the above, it is recommended that the following responsive, responsible bidders be awarded the contract(s). It is recommended that Master Mechanical Services, Inc. be awarded Groups 1-6, 8, 10, 13, 16-21, 23:that Comfort Tech be awarded Groups 7,9, 11, 12, 14, 15: and MRSE, LLC d/b/a Roth Southeast-be awarded Group 22. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff,the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to Master Mechanical Services, Inc,Comfort Tech Air Conditioning&Refrigeration, and MRSE, LLC d/b/a Roth Southeast as previously indicated. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City -Commission award a contract pursuant to Invitation to Bid (ITB) No. 2014-066 for HVAC Equipment, Installation, Parts and Services to Master Mechanical Services, Inc, Comfort Tech Air Conditioning&Refrigeration,and MRSE,LLC d/b/a Roth Southeast in the amount of$115,000. 68 Kjl :. 88$°c8ggp88$ ' '. 888$ X8888888 _:_888 pe ;�g SEE _' 88& 5�88888S88g 818°`�'$ $cgpg8gq8 H pO O U V� • o L 8 O V V E oQ�{`� 8 O O !p a d C O �I'• Qp y� v O N C C ti n V O O C v I G v L�f C V- 4 • G V G G m A Oi m �- FF �O�•i P Z .0 ry tl N G r Vi q Z Y�L N V w�1 N F� a �,�p Y�= O O PI P V T,.T N C O D S o �88 Loci ? f �$$ Lp �i :� 38$ ra y >y J{j v �il. 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K C 4 C - C - C 7 Z ��• y C - Q C y C O _ C G Q p 9 p .Q O .� O � •�¢ C Q O _ E¢m E'u,O — I a°E<m °E�� - V 3 a l'J�I^� _ �_ u Z N N •- I u_ri n V I N r,__ u_N n V=N m ry.n �•.V h N N =i - 73 `5- NAIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach,Florida 33139, www.miamibeachfl.gov -DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7497, Fax: 786-394-4330 PUBLIC NOTICE ITB No. 2014-066-SW HVAC Equipment, Installation, Parts and Services ADDENDUM NO. 3 January 2, 2014 In response to questions and requests for additional information received by prospective Proposers and the Administration's additional review of the requirements set forth in the Bid, the Bid is hereby amended as follow: I. The deadline for the receipt of Bids remains January 9,2014 at 3:00 p.m. II. The Bid Price form, Section 5, has been revised. Please replace the original Bid Price form with the attached revised Bid Price Form dated 12/30/13. The bid will be deemed non-responsive if the attached revised Bid Price form is not submitted. The revision consists of renumbering the line items according to the group they belong to and revising Total Group titles. There have not been any additional manufacturers added to the bid price form. Please note that when the colon symbol (":") is used on the bid form it means range, for example,Total Group 5.1.1 (Items 1 A:1 E) means 1 A+1 B+1 C+1 D+1 E. The Bid Price Form is separated into two (2) sections; Section 5.1, EQUIPMENT, PARTS AND SERVICE; and Section 5.2, EQUIPMENT OR PARTS ONLY (NO SERVICE). Bid Price Form allows for vendors who do not provide service to submit their price proposal for parts and equipment. Please note that Proposers are solely responsible for assuring they have received any and all addenda issued pursuant to solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS UNDER THE CONE OF SILENCE—ORDINANCE NO. 2002-3378 WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http:H www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp Steven Williams Procurement Coordinator Department of Procurement Management ITB No.2014=066-SW HVAC'Repair Services and Parts Section 5—Bid Price Form Rev.12/30113 SECTION 5.0 BID PRICE FORM REVISED 12/30/13 (1/2/14) 'N�I A�O J' B E ACO H DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7490 ITB No.2014-066=SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 SECTION 5.0 BID PRICE FORM Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms,conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive. All corrections on the Bid Price Form(Section 5)shall be initialed. SECTION 5.1 —EQUIPMENT PARTS AND SERVICE Group 1 (Baber Coleman) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 1A Hourly Rate- Regular 20 Hourly Rate 1B Hourly Rate-Non Regular 1 10 Hourly Rate • -total Labor %(discount State Whether Net Cost Estimated the% Listed is a (Gross—Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up) 1 C Parts Pneumatic $2500 % 1D Balance of Line All other parts $2500 % 1E Baber Coleman Equipment $10000 % • • • • Total • • - ' Group_2(Bard) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 2A Hourly Rate-Regular 100 Hourly Rate 213 Hourly Rate- Non Regular 40 Hourly Rate • • . Labor %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 2C Parts $2500 % 2D Equipment Roof-Top Units $7500 % 2E Equipment Split Systems $7500 % 2F Balance of Line All other parts) $2500 % • total - • . • • (Items 2A.217) ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev. 12/30/13 I Group 3(Bristol Compressors) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 3A Hourly Rate- Regular 100 Hourly Rate 38 Hourly Rate-Non Regular 40 Hourly Rate Sub7total .•• ' %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up 3C Parts $5000 % Balance of Line(All other parts & ova 3D equipment) $10000 • total • _ • • - ' Group 4(Carrier Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 4A Hourly Rate- Regular 200 Hourly Rate 4B Hourly Rate-Non Re ular 80 Hourly Rate • • _•• . . %(discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% Group nnual Gross or mark-up) Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up 4C Parts $5000 % 4D Equipment Roof-To Units $7500 % 4E Equipment S lit Systems $5000 % 4F Chillers $10000 % 4G Balance of Line All other parts $2500 % • total Total • • 5.1.4(items 4" ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group aster P 5(Climate ) Estimated Group Annual I Total Item Description service hours U/M Unit Cost Quantity x Unit Cost 5A Hourly Rate- Regular 200 Hourly Rate 513 1 Hourly Rate- Non Regular 1 80 Hourly Rate • total ..• %(discount State Whether the Net Cost Estimated or mark-up) % Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up) 5C Parts $2500 % 5D E uipment Roof-To Units $7500 % 5E Equipment S lit Systems $5000 % 5F Water cooled equipment $2500 5G Balance of Line(All other parts) $2500 % total Total . • Group 6(Coleman) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 6A Hourly Rate-Regular 50 Hourly Rate 613 Houriv Rate-Non Re ular 15 Hourly Rate Sub-total Item 6-Labor(items 6A+613) %(discount State Whether the Net Cost Estimated or mark-up) %Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up 6C Parts $2500 % 6D Equipment Roof-To Units $5000 % 6E Equipment S lit Systems $5000 % 6F Balance of Line All other parts) $2500 I % ub . . Total . . ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Rev.12/30/13 Group 7(Copeland Compressors) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 7A Hourly Rate-Regular 20 Hourly Rate 7B HourlX Rate-Non Re ular 10 Hourly Rate -Labor total %(discount State Whether the Net Cost Estimated %Listed is a (Gross_Cost% (See Special Group Annual Gross or mark ial Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up u 7C Parts $10000 % Balance of Line(All other parts & 7D equipment) $5000 •-total Item - f Total • • ` ■ I Group 8 (Evapco) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 8A Hourly Rate-Regular 100 Hourly Rate 8B Hourly,Rate- Non Re ular 40 Hourly Rate Sub-total Item 8-Labor(items 8A+813) %(discount State Whether the Net Cost Estimated %Listed is a (Gross_Cost% (See Special Group Annual Gross or mark-up) Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up u 8C Parts $7500 % 8D Equipment-Coolin Towers $10000 % 8E Balance of Line All other parts $2500 % • • - • Total • • 5.1:8(items : ` ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12130113 Group 9(Friedrich) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 9A Hourly Rate-Regular 20 Hourly Rate 913 Hourly Rate- Non Regular 1 10 Hourly Rate Sub-total Item 9-Labor,(items 9A,+913) (discount State Whethe7,c.r Net Cost Estimated the% Listed is or mark-up) (Gross_Cost Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 9C Parts $3000 % 9D Equipment Roof-Top Units $5000 % 9E Equipment Split Systems $5000 % 9F Balance of Line All other parts)---J- arts $2000 % 'Subr-total Item • -Parts(items 9Q9F) Total . . . . . Group 10 (Florida Heat Pump Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 1OA Hourly Rate-Regular 100 Hourly Rate 1OB 7 Hourlv Rate-Non Re ular 40 Hourly Rate %(discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up 1OC Parts $2500 % 1OD Equipment Roof-Top Units $7500 % 1OE Equipment Split Systems $5000 % 1OF Water cooled equipment $4000 % 1OG Balance of Line(All other parts) $1000 % total 1 1 1 . . • • ! `1 ! ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 11 (Goodman) Estimated Group Annual Total Item Description service hours U/M Unit Cost Quantity x Unit Cost 11A Hourly Rate- Regular 20 Hourly Rate 11B Hourly Rate- Non Regular 1 10 Hourly Rate 'Sub total Item 11 -Labor %(discount State Whether Net Cost Estimated the% Listed is a (Gross—Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up 11C Parts $3500 % 11D Equipment Roof-To Units $5500 % 11E Equipment S lit Systems $5000 % 11F Balance of Line All other part s $1000 % total Total Group-5-1-11 (Items 11A.11 Group 12(Janitrol) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 12A Hourly Rate- Regular 20 Hourly Rate 12B Hourly Rate- Non Re ular 10 Hourly Rate • . ..• C %(discount State Whether Net Cost Estimated the % Listed is a (Gross—Cost% Group nnual Gross or mark-up) Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 12C Parts $3500 % 12D Equipment Roof-To Units $5500 % 12E Equipment S lit Systems $5000 % 12F Balance of Line All other parts $1000 % total - otal Groupms ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 13(Johnstone Supply) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 13A Hourly Rate- Regular 100 Hourly Rate 13B Hourly Rate-Non Re ular 40 Hourly Rate • • .l Item 13-Labor Items %(discount State Whether Estimated the%Listed is a Net Cost Group nnual Gross or mark-up) Discount of (Gross-Cost% P (See Special Item Description Costs I Condition 3.23) Mark-up Discount or Mark-up) 13C Parts $3000 % 13D Equipment Roof-To Units $10000 % 13E Equipment S lit Systems $6000 % 13F Balance of Line All other pants $1000 • total Total Group Group 14(Lenox) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 14A Hourly Rate-Regular 20 Hourly Rate 14B Hourly,Rate-Non Re ular 10 Hourly Rate • • Labor %(discount State Whether the Net Cost Estimated or mark-up) % Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up) 14C Parts $3500 % 14D Equipment Roof-Top Units $5500 % 14E Equipment Split Systems $5000 % 14F Balance of Line(All other parts) $1000 s 6ial Item - , Total • • ' ' ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 15(Mitsubishi) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 15A Hourly Rate-Regular 20 Hourly Rate 15B Houriv Rate-Non Re ular I 10 I Hourly Rate • total. Labor %(discount State Whether the Net Cost Estimated or mark-up) % Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs -Condition 3.23) up up) 15C Parts $3500 % 15D Equipment Roof-Top Units $5500 % 15E Equipment Split Systems $5000 % 15F Balance of Line All other parts)$1000 . total Total . . Group 16(Rheem Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 16A Hourly Rate- Regular 200 Hourly Rate 16B Hourlv Rate- Non Re ular 80 1 Hourly Rate Sub-total Item 46.-Labor(items 16A+1 6B) %(discount State Whether the Net Cost Estimated % Listed is a (Gross_Cost% Group Annual Gross or mark-up)(See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up) 16C Parts $7500 % 16D Equipment Roof-Top Units $10000 % 16E Equipment Split Systems $10000 % 16F Balance of Line All other parts $2500 % SU . . - • ITB No.2014-066-SAN HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 17(Trane Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost Quantity x Unit Cost 17A Hourly Rate- Regular 200 Hourly Rate 17B I Hourly Rate- Non Re ular 1 80 Hourly Rate Sub-lotal Item Labor %(discount State Whether the Net Cost Estimated or mark-up) %Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up) 17C Parts $5000 % 17D Equipment Roof-To Units $7500 % 17E Equipment Split Systems $7500 % 17F Chillers $7500 % 17G Balance of Line All other arts $2500 % • . Parts Total • • 5.1.17 • Group 18(York Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly 18A Hourly Rate-Regular 200 Rate Hourly 18B Hourly Rate-Non Regular 80 Rate 0/a (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group nnual Gross special a Discount of (Gross Cost% p Condition — Item Description Costs 3.23) Mark-up Discount or Mark-up)_T 18C Parts $5000 % 18D Equipment Roof-Top Units $10000 % 18E Equipment Split Systems $7500 % 18F Chillers $5000 % 18G Balance of Line(All other parts) $2500 % • • - : Parts(Items 18C.1 • • • : :� : ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 19(Ice O Matic) Ice Machine Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly 19A Hourly Rate-Regular 200 Rate Hourly 19B Hourly Rate-Non Regular 80 Rate Sub total Item 19-Labor m (discount or mark- up) State Whether Estimated (See the%Listed is Net Cost Group nnual Gross Special a Discount of (Gross—Cost% p Condition Item Description Costs 3.23) Mark-up Discount or Mark-up) 19C Parts $10000 % 19D Equipment Ice machines $17500 % 19E Balance of Line All other parts $2500 % • total • Total • • 5.1.19 •• • Group 20 (Delta-Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly 20A Hourly Rate- Regular 100 Rate Hourly 20B Hourlv Rate-Non Re ular 40 Rate Sub-totat Item ! ..• ! • !: (discount or mark- up) State Whether Estimated S(See el the% Listed is Net Cost pec Group Annual Gross condition a Discount of (Gross_Cost % Item Description Costs 3.23) Mark-up Discount or Mark-up 20C Parts $7500 % Balance of Line(All other parts & % 2OD equipment) $12500 •-total Item. ! !D ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 21 (Direct Digital -Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost Quantity x Unit Cost Hourly 21A Hourly Rate- Regular 100 Rate Hourly 21 B Hourly Rate a Non Regular 40 Rate • • Labor. (discount or mark- up) State Whether Estimated Spec al the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 21 C Parts $7500 % Balance of Line (All other parts& % 21D equipment) $12500 • • ■ • • • - ` ■ Group 22(Explorer-Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost Quantity x Unit Cost Hourly 22A Hourly Rate- Regular 200 Rate Hourly 22B Hourly Rate- Non Reg ular 80 Rate • • • _ _• (items (discount or mark- State Whether Estimated (see p)cial the% Listed is Net Cost Group Annual Gross condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 22C Parts $20000 % Balance of Line(All other parts & 22D equipment) $10000 • totat Item 22 Pads(items 22C+22D) • a • 1�► ' ■ ITS No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12130/13 Group 23 (Johnson Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly 23A Hourly Rate-Regular 200 Rate Hourly 23B Hourly Pate-Non Reclular 80 Rate total - .•• - ` % (discount or mark- State Whether Estimated (see p)ciao the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross Cost % Item Description Costs 3.23) Mark-up Discount or Mark-up 23C Parts $6000 % 23D Equipment Roof-To Units $12500 % 23E Equipment Split Systems $10000 % 23F Balance of Line All other parts $1500 % Sub-total -m 23-Parts(items 23C:23F) To • • ` I ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30113 SECTION 5.2—EQUIPMENT OR PARTS ONLY(NO SERVICE) Group 1 (Baber Coleman) %(discount State Whether Estimated the% Listed is Net Cost P (See Special Group Annual Gross or mark-up) a Discount of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 1A Parts Pneumatic $2500 % 1B Balance of Line All other arts $2500 % 1C Baber Coleman E ui ment $10000 % Group 2(Bard) %(discount State Whether Estimated the% Listed is Net Cost Group nnual Gross or mark-up) a Discount of Gross_Cost% p (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up) 2A Parts $2500 % 2B Equipment Roof-Top Units $7500 % 2C Equipment Split Systems $7500 % 2D Balance of Line(All other parts) $2500 % Total • • Parts&Equipment Group 3(Bristol Compressors) %(discount State Whether Estimated or mark-up) the%Listed is Net Cost P Annual Gross (See Special a Discount Group Dit of Gross_Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 3A Parts $5000 % Balance of Line(All other parts& % 3B equipment) $10000 Total Group • • 3A+3B) Group 4(Carrier Equipment) %(discount State Whether Estimated the% Listed is Net Cost Group Annual Gross or mark-up)(See Special a Discount Dit of Gross_Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 4A Parts $5000 % 4B Equipment Roof-Top Units $7500 % 4C Equipment S lit Systems $5000 % 4D Chillers $10000 % 4E Balance of Line(All other parts) $2500 % P _Owiprne�vt(items 4A ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30113 Group 5(Climate Master) %(discount State Whether Estimated or mark-up) the% Listed is a Net Cost Group Annual Gross (See Special Discount of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 5A Parts $2500 1 % 5B Equipment Roof-To Units $7500 j % 5C Equipment S lit Systems $5000 % 5D Water cooled equipment $2500 % 5E Balance of Line All other parts) $2500 % • • • • • - (Items Group 6(Coleman) %(discount State Whether Estimated the% Listed is a Net Cost (See Speccial ial Discount Group Annual Gross or mark t of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up 6A Parts $2500 % 6B Equipment Roof-To Units $5000 % 6C Equipment S lit Systems $5000 % 6D Balance of Line All other arts $2500 % Total • • • Equipment - •' •i Group 7(Copeland Compressors) %(discount State Whether Estimated the%Listed is a Net Cost Group nnual Gross or mark-up) Discount of (Gross—Cost% P (See Special ( Item Description Costs Condition 3.23) Mark-up Discount or Mark-up 7A Parts $10000 % Balance of Line(All other parts & ° 7B equipment) $5000 �0 • • • Equipment Group 8(Evapco) %(discount State Whether Estimated the% Listed is a Net Cost (See Speccial ial Discount Group Annual Gross or mark t of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 8A Parts $7500 % 8B Equipment-Cooling Towers $10000 % 8C Balance of Line(All other parts $2500 % up m iTB No.2014-066-SW HVAC Repair Services and Paris Section 5—Bid Price Form Rev.12130/13 Group 9(Friedrich) %(discount State Whether Estimated the% Listed is a Net Cost (See Speccial ial Discount Group Annual Gross or mark t of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 9A Parts $3000 % 9B Equipment Roof-Top Units $5000 % 9C Equipment Split Systems $5000 % 9D Balance of Line(AII other parts) $2000 % • • • 5.2.9—Parts&Equipment(it- •• •t Group 10 (Florida Heat Pump Equipment) %(discount State Whether Estimated the%Listed is a Net Cost Group nnual Gross or mark-up) Discount of (Gross—Cost% P (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up) 10A Parts $2500 % 10B Equipment Roof-To Units $7500 10C -Equi ment Split Systems $5000 I % 10D Water cooled equipment $4000 % 10E Balance of Line(All other parts), $1000 % Total • • i • • - - i ' 1 Group 11 (Goodman) %(discount State Whether Estimated the%Listed is a Net Cost (See Speccial ial Discount Group Annual Gross or mark t of (Gross—Cost% Item Description Costs Condition 3.23 Mark-up Discount or Mark-up) 11A Parts $3500 % 11B I Equipment Roof-Top Units $5500 % 11C Equipment Split Systems $5000 % 11D Balance of Line(All other parts) $1000 % : • • • • • ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev. 12/30113 Group 12(Janitrol) %(discount State Whether Estimated the%Listed is a Net Cost (See Speccial ial Discount Group Annual Gross or mark t of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up 12A Parts $3500 % 12B Equipment Roof-Top Units $5500 % 12C Equipment S lit Systems $5000 % 12D Balance of Line(All other parts) $1000 % Group 13(Johnstone Supply) %(discount State Whether Estimated or mark-up) the%Listed is a Net Cost Group Annual Gross (See Special Discount of (Gross_Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up 13A Parts $3000 % 136 Equipment Roof-Top Units $10000 % 13C Equipment S lit Systems $6000 % 13.D Balance of Line(All other parts) $1000 % Total • • Equipment Group 14(Lenox) %(discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount scoun o (Gross—Cost% (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up 14A Parts $3500 % 14B Equipment Roof-Top Units $5500 % 14C Equipment S lit Systems $5000 % 14D Balance of Line All other parts $1000 % Total • • 52A4—Parts&Equip ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30113 Group 15 (Mitsubishi) %(discount State Whether Estimated the%Listed is a Net Cost (See Speccial ial Group Annual Gross or mark Discount of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up 15A Parts $3500 % 15B Equipment Roof-To Units $5500 % 15C Equipment S lit Systems $5000 % 15D Balance of Line All other parts) $1000 % Total Group Equipment Group 16(Rheem Equipment) %(discount State Whether Estimated the% Listed is a Net Cost (See Speccial ial Discount Group Annual Gross or mark t of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 16A Parts $7500 % 16B Equipment Roof-Top Units $10000 % 16C Equipment Split Systems $10000 % 16D Balance of Line All other arts $2500 % jotal Group 5.2.16—Parts&Equipment(items 16A:16D) Group 17(Trane Equipment) %(discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount scoun o Gross_Cost% (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-u 17A Parts $5000 % 17B Equipment Roof-To Units $7500 % 17C Equipment S lit Systems $7500 % 17D Chillers $7500 % 17E Balance of Line All other parts $2500 % -.. .-Total Group : • • ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12130113 Group 18(York Equipment) (discount or mark- up) State Whether Estimated (See the%Listed is Net Cost Group nnual Gross Special a Discount of (Gross_Cost% P Condition Item Description Costs 3.23) Mark-up Discount or Mark-up 18A Parts $5000 % 18B Equip ment Roof-To Units $10000 % 18C Equipment S lit Systems $7500 % 18D Chillers $5000 % 18E Balance of Line All other parts $2500 % Total Group 5.2-18—Parts&Equipment(Items 18A. E, Group 19(Ice O Matic) Ice Machine (discount or mark- up) State Whether Estimated al the%Listed is Net Cost Spec Group Annual Gross Condition a Discount of (Gross_Cost Item Description Costs 3.23) Mark-up Discount or Mark-up 19A Parts $10000 % 19B Equipment Ice machines $17500 % 19C Balance of Line All other parts) $2500 % Total Group 52.19—Parts&Equipment(items 19AA Group 20 (Delta-Controls) (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group nnual Gross Special a Discount of (Gross_Cost% P Condition Item Description Costs 3.23) Mark-up Discount or Mark-up) 20A Parts $7500 % Balance of Line (All other parts& % 20B equipment) $12500 • • • 1 : • • !' !: ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev. 12/30113 Group 21 (Direct Digital -Controls) (discount or mark- up) State Whether Estimated Spec al the%Listed is Net Cost Group Annual Gross Condition a Discount of (Gross—Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 21 A Parts $7500 % Balance of Line(All other parts & % 21 B equipment) $12500 Total Group Group 22(Explorer-Controls) (discount or mark- State Whether Estimated (see p)cial the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross—Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 22A Parts $20000 % Balance of Line (All other parts & % 22B equipment) $10000 Total, • • • • ` C Group 23 (Johnson Controls) (discount or mark- State Whether Estimated (see p)cial the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross—Cost % Item Description Costs 3.23) Mark-up Discount or Mark-up 23A Parts $6000 % 23B Equipment Roof-To Units $12500 % 23C Equipment Split Systems $10000 % 23D Balance of Line All other parts $1500 % Total Group • 23A:23D) •• • Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: MIAMBEACH City of Miami Beach, 1700 Convention-Center Drive, Miami Beach, rlorida 33139, www.miamibeachfi.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7497, Fax: 786-394-4330 PUBLIC NOTICE ITB No. 2,014-066-SI/ HVAC Equipment, Installation, Parts and Services ADDENDUM NO. 2 December 26, 2013 In response to questions and requests for additional information received by prospective Proposers and the Administration's additional review of the requirements set forth in the Bid, the Bid is hereby amended as follow: 1. The deadline for the receipt of Bids has been changed from January 2, 2014 to January 9, 2014 at { 3:00 p.m. Note that a revised Bid Price Form will be released via subsequent addendum. f Please note that Proposers are solely responsible for assuring they have received any and all addenda .issued pursuant to solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. - I YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS UNDER THE CONE OF I SILENCE—ORDINANCE NO. 2002-3378 WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfi.gov/newcity/depts/purchase/bidintro.asi) i I 1 I I Steven Williams Procurement Coordinator Department of Procurement Management I MIAMI B.- E......ACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7497, Fax: 786-394-4330 PUBLIC NOTICE ITB No. 2014-066-SW HVAC Equipment, Installation, Parts and Services ADDENDUM NO. 1 December 18, 2013 In response to questions and requests for additional information received by prospective Proposers and the Administration's additional review of the requirements set forth in the Bid, the Bid is hereby amended as follow: I. The deadline for Bids has been changed from December 23, 2013 to January 2,2014 at 3:00 p.m. II. The Bid Price form, Section 5, has been revised. Please replace the original Bid Price form with the attached revised Bid Price Form. The bid will be deemed non-responsive if the attached revised Bid Price form is not submitted. The revision consists of separating the original bid price form into two (2) sections; Section 5.1, EQUIPMENT, PARTS AND SERVICE; and Section 5.2, EQUIPMENT OR PARTS ONLY(NO SERVICE). There have not been any additional manufacturers added to the bid price form. This revised Bid Price Form allows for vendors who do not provide service to submit their price proposal for parts and equipment. III. The following language has been added to Section 3:0, Special Conditions: MULTIPLE AWARD LANGUAGE: For installation or planned repairs/services projects estimated at a cost greater than$10,000.00, the department may seek quotes from all vendors within a group(irrespective of order of award)and may select the vendor deemed to be in the best interest of the City, the determination of which shall include price, ability to timely complete project and other related factors. BALANCE OF LINE:When the need arises for equipment, parts, service or installation of HVAC manufacturer equipment other than those named herein, the City may seek quotations from at least three awarded vendors and may select the vendor deemed to be in the best interest of the City, the determination of which shall include price, ability to timely complete project and other related factors.All equipment, parts, service or installation awarded under the Balance of Line option shall comply with all contract terms and conditions. IV. Please see answers below as a result of questions received since the release of ITB No. 2014-066SW. Q1. Per.paragraph 4.1 Minimum Requirements sub-paragraph 4.1.1 License/Certification and 4.1.2 Similar Experience located on page 12. The two paragraphs indicate the contractor is required to have a Miami- Dade County Air-Conditioning Mechanical Journeyman license or Journeyman General license, and EPA 608 Technical Program Certification or similar experience. We are a state licensed class 1 air conditioning contractor and our sister company is a state licensed mechanical contractor.As a state licensed contractor would a copy of the license suffice as a substitute license to the journeyman requirement as indicated in the above paragraph? Al. Yes, the State License can operate in Dade County without further qualification. ITB No. 179-2013-SW Installation Removal Maintenance and Storage of Holiday Decorations ADDENDUM NO. 1 December 19, 2013 Q2. Per :paragraph 4.1 Minimum Requirements sub-paragraph 4.1.3 Manufacturer Authorization located on page 12. As per the paragraph, the contractor is to submit authorization of procuring the equipment as listed in the ITB. We have several manufacturers we purchase equipment from and have authorization to do so from the manufacturer. This information does require significant time to acquire the documentation. Our concern is that we may not be able to receive documented authorization prior to the ITB being submitted. If we are unable to provide the information at -the time of submission of the ITB can this information be provided after the submission or would this render the contactor as non-responsive? A2. The contractor is required to submit all authorization of procuring the equipment at the time of bid submission. This documentation can be provided in whatever form(s) to the City at time of bid submission. Please note that Proposers are solely responsible for assuring they have received any and all addenda issued pursuant to solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS UNDER THE CONE OF SILENCE— ORDINANCE NO. 2002-3378 WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfi.gov/newcity/depts/purchase/bidintro.asp Steven Williams Procurement Coordinator Department of Procurement Management ITB No.2014-066-SW HVAIC Repair Services and Parts Section 5—Bid Price Form SECTION 5.0 BID r" RICE FORM REVISED 10-1A.1\A1 BEACM DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7490 ITB No.2014-066-SW HVAC Repair Services and Parts I Section 5—Bid Price Form SECTION 5.0 BID PRICE FORM • • • • • • -• • •-T r. • •e • Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms,conditions, specifications and other requirements stated fierein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form {Section 5) shall be completed mechanically or, if manually, in ink. Bid Price 'Forms (Section 5) completed in pencil shall be deemed non-responsive. All corrections on the Bid Price Form (Section 5)shall be initialed. SECTION 5.1 —EQUIPMENT PARTS AND SERVICE Group 1 (Baber Coleman) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate- Regular 20 Hourly Rate 1 B Hourly Rate-Non Regular 10 Hourly Rate • otal Iterii I Labor ' C %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1 C Parts Pneumatic $2500 % 1D Balance of Line All other parts) $2500 % 1 E Baber Coleman Equipment $10000 % •-total Item • • • _ • • ` Group 2 (Bard) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 100 I Hourly Rate 1 B I Hourly Rate-Non Regular 40 Hourly Rate • • .•• - ` C %(discount State Whether Net Cost Estimated I or mark-up) the% Listed is a (Gross—Cost% Group .I Annual Gross (see Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u )2 1 C Parts $2500 % 1 D Equipment Roof-To Units $7500 % 1 E Equipment Split Systems $7500 % 1 F Balance of Line All other parts) $2500 % Item -Parts f e • . • • • • ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 3(Bristol Compressors) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 100 Hourly Rate 1 B Hourly Rate-Non Regular 40 Hourly Rate • • . .•• %(discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% Group nnual Gross or mark-up) Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1 C Parts $5000 % Balance of Line(All other parts & % 1 D equipment) $10000 'Sub- • qrps 1 C -1 Total Group Group 4(Carrier Equipment) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)1 1 A Hourly Rate-Regular 200 Hourly Rate 1 B Hourl Rate-Non Re ular 80 Hourly Rate • • .•• - • %(discount State Whether Net Cost Estimated or mark-up) the%Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 2 1 C Parts $5000 % 1 D Equipment Roof-To Units $7500 % 1 E Equipment Split Systems $5000 1 F Chillers $10000 % 1 G Balance of Line(All other parts) $2500 % -Items 1 • • Parts Total Group ITB No.2014-066-SW HVAC Repair Services and Parts I Section 5—Bid Price Form Group 5(Climate Master) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 200 Hourly Rate 1 B Hourly Rate- Non Regular 80 Hourly Rate • total -Labor %(discount State Whether the Net Cost Estimated % Listed is a (Gross_Cost% (See Special Group Annual Gross or mark ial Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1C Parts $2500 % 1D Equipment Roof-To Units $7500 % 1E Equipment S lit Systems $5000 % 1F Water cooled equipment $2500 % 1 G Balance of Line(All other parts $2500 % •-totat Item • • • 1A G Group 6(Coleman) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)1 1A Hourly Rate- Regular 50 Hourly Rate 1 B Hourly Rate-Non Regular 15 Hourly Rate • • _•• ' %(discount State Whether the Net Cost Estimated or mark-up) %Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1C Parts $2500 % 1 D Equipment Roof-Top Units $5000 % 1 E Equipment S lit Systems $5000 % 1 F Balance of Line.AII other parts $2500 % • . . -arts(Items IC:117) -F) To • • ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Group 7(Copeland Compressors): . Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 20 Hourly Rate 1 B Hourly Rate-Non Regular 10 Hourly Rate • • .•• ' %(discount State Whether the Net Cost Estimated %Listed is a (Gross_Cost% (See Special Group Annual Gross or mark-up) Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1 C Parts $10000 % Balance of Line(All other parts& 1 D equipment) $5000 •-total Item . • • Group 8 (Evapco) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 100 Hourly Rate 1 B l Houriv Rate- Non Re ular 40 Hourly Rate • • .•• C %(discount State Whether the Net Cost Estimated or mark-up) %Listed is a (Gross_Cost% Group nnual Gross Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1 C Parts $7500 % 1D Equipment-Coolin Towers $10000 % 1E Balance of Line(All other parts) $2500 % . . - . . ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 9(Friedrich) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 20 Hourly Rate 1 B Hourly Rate-Non Regular 10 Hourly Rate • . ... C %(discount State Whether Net Cost Estimated or mark-up) the%Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1C Parts $3000 % 1 D Equipment Roof-Top Units $5000 % 1 E Equipment Split Systems $5000 % 1F Balance of Line(All other parts) $2000 % Sub-total Parts Total . • I(IA-F) Group 10 (Florida Heat Pump Equipment) Estimated Total Group Annual (Quantity x'Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 100 Hourly Rate 1 B Houriv Rate- Non Re ular 40 Hourly Rate total - Labor : %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Markup up)2 1C Parts $2500 % 1 D Equipment Roof-To Units $7500 % 1 E Equipment S lit Systems $5000 % 1 F Water cooled equipment $4000 % 1 G Balance of Line All other parts $1000 % total Total . . ' ITB No,2014-066-SW HVAC Repair Services and Parts # Section 5—Bid Price Form Group 11 (Goodman) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 20 Hourly Rate 1 B Hourly Rate-Non Regular 10 Hourly Rate total Labor %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1 C Parts $3500 % 1 D Equipment Roof-To Units $5500 % 1 E Equipment Split Systems $5000 % 1 F Balance of Line All other parts $1000 % Sub-total - - • Group. Group 12(Janitrol) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate- Regular 20 Hourly Rate 1 B I Hourly Rate- Non Regular 10 Hourly Rate UA • • Labor ' %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 2 1C Parts $3500 % 1 D Equipment Roof-Top Units $5500 % 1 E Equipment Split Systems $5000 % 1 F Balance of Line All other parts $1000 % . . -arts(items I CAF) Tota .u. ITB No.2014-066-SW HVAC Repair Services and Parts I Section 5-Bid Price Form Group 13(Johnstone Supply) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost)l 1A Hourly Rate- Regular 100 Hourly Rate 1 B Hourl Rate- Non Re ular 40 Hourly Rate total - Labor ' %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1 C Parts $3000 % 1D Equipment Roof-Top Units $10000 % 1E Equipment S lit Systems $6000 % 1F Balance of Line(All other parts) $1000 % . total Total . . Group 14(Lenox) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1 A Hourly Rate-Regular 20 Hourly Rate 1 B Hourly Rate-Non Regular 10 Hourly Rate • total Labor %(discount State Whether the Net Cost Estimated % Listed is a (Gross_Cost% (See Special Group Annual Gross or mark ial Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up u 2 1C Parts $3500 % 1 D Equipment Roof-Top Units $5500 % 1 E Equipment Split Systems $5000 % 1 F Balance of Line(All other parts) $1000 % total em 1 -Parts(items I C. Total Group I ITB No.2014-066-SW HVAC Repair Services and Parts I Section 5—Bid Price Form Group 15(Mitsubishi) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1 1 Hourly Rate-Regular 20 Hourly Rate 1B Hourly Rate-Non Re ular 10 11 Hourly Rate • total. _•• ` %(discount State Whether the Net Cost Estimated or mark-up) % Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1 C Parts $3500 % 1D Equipment Roof-Top Units $5500 1 E Equipment Split Systems $5000 1 F Balance of Line(All other parts) $1000 % • total Parts Total • • Group 16(Rheem Equipment) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 200 Hourly Rate 1 B Hourly Rate-Non Regular 80 Hourly Rate • total ItemA .•. %(discount State Whether 7(G Net Cost Estimated %Listed is a or mark-up) ross_Cost% (See Special Group Annual Gross I Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1C Parts $7500 % 1D Equipment Roof-To Units $10000 % 1 E Equipment Split Systems $10000 % 1 F Balance of Line(All other parts) $2500 % Total . • ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 17(Trane Equipment) Estimated Total Group Annual (Quantity x Unit Item Description service hours U/M Unit Cost Cost)l 1A Hourly Rate-Regular 200 Hourly Rate 1 B Hourly Rate-Non Regular 80 Hourly Rate • • .•• ' %(discount State Whether the Net Cost Estimated % Listed is a (Gross—Cost% Group nnual Gross or mark-up) Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1 C Parts $5000 % 1 D Equipment Roof-Top Units $7500 % 1 E Equipment S lit Systems $7500 % 1 F Chillers $7500 % 1G Balance of Line All other arts I $2500 • total • . Group 1 1 ' Group 18(York Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost)l Hourly 1A Hourly Rate-Regular 200 Rate Hourly 113 Houriv Rate-Non Re ular 80 Rate • • _.• (items (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group nnual Gross Special p Condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1C Parts $5000 % 1D Equipment Roof-Top Units $10000 % 1E Equipment Split Systems $7500 % j 1 F Chillers $5000 % 1G Balance of Line All other parts $2500 % • total Total . . ITB No.2014-066-SW HVAC Repair Services and Parts � Section 5—Bid Price Form Group 19(Ice O Matic) Ice Machine Estimated Group Annual Total Item Description I service hours U/M Unit Cost (Quantity x Unit Cost)l Hourly 1A Hourly Rate- Re ular 200 Rate Hourly 1B Hourly Rate-Non Rea ular 80 Rate •-tota I Item 1 Labor, % (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group Annual Gross Special a Discount of (Gross—Cost % Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1C Parts $10000 % 1D Equipment Ice machines $17500 % 1 E Balance of Line (All other parts) $2500 total Total Group I(M-E) Group 20(Delta-Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost)1 Hourly 1A Hourly Rate- Re ular 100 Rate Hourly 1B Hourly Pate-Non Regular 40 Rate WM7(dii cou mark- up) State Whether Estimated (See the%Listed is Net Cost Group nnual Gross Special a Discount of (Gross_Cost % P Condition Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1C Parts $7500 % Balance of Line (All other parts & % 1 D equipment) $12500 ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 21 (Direct Digital -Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost)l Hourly 1A Hourly Rate-Regular 100 Rate Hourly 1B Hourlv Rate-Non Re ular 40 Rate • • - .•• - : (discount or mark- up) State Whether Estimated (See the%Listed is Net Cost Group nnual Gross Special a Discount of (Gross_Cost% p Condition Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1 C Parts $7500 % Balance of Line(All other parts& 1 D equipment $12500 • total Total • • Group 22(Explorer-Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost)l Hourly 1A Hourly Rate-Regular 200 Rate Hourly 1 B T-HourlyRate- Non Re ular 80 Rate •-total Item .•• - ' (discount or mark- State Whether Estimated (see p)cial the% Listed is Net Cost Group Annual Gross condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1.0 Parts $20000 % Balance of Line (All other parts& % 1D equipment) $10000 •-total Item Total • • ` '1 NOW ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 23 (Johnson Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost)l Hourly 1A Hourly Rate-Regular 200 Rate Hourly 1 B Hourly Rate-Non Regular 80 Rate total -Labor ` (discount or mark- State Whether Estimated (see p) cia► the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross Cost Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1C Parts $6000 % 1 D Equipment Roof-To Units $12500 % 1 E Equip ment Split Systems $10000 % 1 F Balance of Line All other parts $1500 % . total MEOW ITB No.2014-066-SW HVAC Repair Services and Parts I Section 5—Bid Price Form SECTION 5.2— EQUIPMENT OR PARTS ONLY(NO SERVICEI Group 1 (Baber Coleman) %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1A Parts Pneumatic $2500 % 1 B Balance of Line All other arts $2500 % 1C Baber Coleman Equipment $10000 % • -parfs Equipment(it- ` Group 2 (Bard) %(discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1A Parts $2500 % 1 B Equipment Roof-To Units $7500 % 1 C Equipment Split Systems $7500 % 1 D Balance of Line fAll other parts) $2500 • • • ` Group 3(Bristol Compressors) %(discount State Whether Net Cost Estimated or mark-up) the%Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Discount or Mark- , Item Description Costs Condition 3.23) Mark-up u 2 1A Parts $5000 % Balance of Line (All other parts& % 1 B equipment $10000 To : Equipment(items 1 ` Group 4(Carrier Equipment) %(discount State Whether Net Cost Estimated the%Listed is a (Gross—Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1A Parts $5000 % 1 B Equipment Roof-Top Units $7500 % 1 C Equipment Split Systems $5000 % 1 D Chillers $10000 % 1 E Balance of Line(All other parts) $2500 % • • • - ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 5(Climate Master) %(discount State Whether the Net Cost Estimated or mark-up) % Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1A Parts $2500 % 1 B Equipment Roof-To Units $7500 % 1C Equipment Split Systems $5000 % 1 D ater cooled e uipment $2500 1 of Line fAll other parts) $2500 % To • • - ` Group 6(Coleman) %(discount State Whether the Net Cost Estimated or mark-up) % Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1A Parts $2500 % 1 B Equipment Roof-To Units $5000 % 1 C Equipment Split Systems $5000 % 1 D Balance of Line(All other parts) $2500 % • • • ` Group 7 (Copeland Compressors) %(discount State Whether the Net Cost Estimated or mark-up) %Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1A Parts $10000 % Balance of Line(All other parts & % 1 B equipment) $5000 Total— • • Group 8(Evapco) %(discount State Whether the Net Cost Estimated % Listed is a (Gross—Cost% (See Special Group Annual Gross or mark ial Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1A Parts I $7500 % 1 B Equipment-Coolin Towers $10000 % 1 C Balance of Line(All other parts) $2500 % • Equipment ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 9(Friedrich) %(discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 2 1A Parts $3000 % 1B Equipment Roof-To Units $5000 % 1C Equipment S lit Systems $5000 % 1D Balance of Line All other parts $2000 To • • Group 10 (Florida Heat Pump Equipment) %(discount State Whether Net Cost Estimated or mark-up) the%Listed is a (Gross—Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1A Parts $2500 % 1B Equipment Roof-Top Units $7500 % 1C Equipment S lit Systems $5000 % 1D Water cooled equipment $4000 % 1 E Balance of Line All other parts $1000 • : Equipment Group 11 (Goodman) %(discount State Whether Net Cost Estimated or mark-up) the%Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 2 1A Parts $3500 % 1 B Equipment Roof-To P Units $5500 % 1 C Equipment S lit Systems $5000 % 1D Balance of Line All other parts) $1000 % Total— • • ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 12 (Janitrol) %(discount State Whether Net Cost Estimated the% Listed is a (Gross—Cost% Group Annual Gross or mark-up)(See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1A Parts $3500 % 1B Equipment Roof-To Units $5500 % 1C Equipment Split Systems $5000 % 1 D Balance of Line(All other parts) $1000 % • • • (Items Group 13(Johnstone Supply) %(discount State Whether Net Cost Estimated the% Listed is a (Gross—Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up)2 1A Parts $3000 % 1 B Equipment Roof-To Units $10000 % 1 C Equipment S lit Systems $6000 % 1 D Balance of Line All other parts)77717 $1000 % • • • - (items Group 14(Lenox) %(discount State Whether the Net Cost Estimated % Listed is a (Gross_Cost% (See Special Group Annual Gross or mark ial Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up u 2 1 A Parts $3500 % 1 B Equipment Roof-To Units $5500 % 1C Equipment Split Systems $5000 % 1 D Balance of Line fAII other parts $1000 % Total- • • ` ITB No.2014-066-SW HVAC Repair Services and Parts I Section 5—Bid Price Form Group 15 (Mitsubishi) %(discount State Whether the Net Cost Estimated or mark % Listed is a (Gross_Cost% Group Annual Gross Special Discount of Mark- Discount or Mark- Item Description Costs condition 323) up up)2 1A Parts $3500 % 1 B Equipment Roof-Top Units $5500 % 1C Equipment Split Systems $5000 % 1 D Balance of Line(All other parts) $1000 % • Equipment - ` Group 16(Rheem Equipment) %(discount State Whether the Net Cost Estimated or mark-up) % Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up)2 1A Parts $7500 % 1 B Equipment Roof-To Units $10000 % 1C Equipment S lit Systems $10000 % 1 D Balance of Line All other parts $2500 % • • • ` Group 17(Trane Equipment) %(discount State Whether the Net Cost Estimated %Listed is a (Gross_Cost% Group nnual Gross or mark-up) Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up u 2 1A Parts $5000 % 1 B Equipment Roof-To Units $7500 % 1 C Equipment S lit Systems $7500 % 1 D Chillers $7500 % 1 E Balance of Line(All other parts $2500 % • • • ` ITB No.2014-066-SW HVAC Repair Services and Parts I Section 5—Bid Price Form Group 18(York Equipment) (discount or mark- up) State Whether Estimated Spec al the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1A Parts $5000 % 1B Equipment Roof-Top Units $10000 % 1 C Equipment Split Systems $7500 % 1D Chillers $5000 % 1E Balance of Line All other parts) $2500 % Total- • • ` Group 19(Ice O Matic) Ice Machine (discount or mark- up) State Whether Estimated Spec al the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1A Parts $10000 % 1 B Equipment Ice machines $17500 % 1 C Balance of Line All other arts $2500 % Total— • • Group 20(Delta-Controls) (discount or mark- up) State Whether Estimated Spec al the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1A Parts $7500 % Balance of Line(All other parts & % 1 B equipment) $12500 • • • ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Group 21 (Direct Digital -Controls) (discount or mark- up) State Whether See Estimated spec al the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-u 2 1A Parts $7500 % Balance of Line(All other parts & /0 ° 1 B equipment) $12500 Total Parts: Equipment(items Group 22 (Explorer-Controls) (discount or mark- State Whether Estimated up) the% Listed is Net Cost Group Annual Gross (See Condit a Discount of (Gross—Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up)2 1A Parts $20000 % Balance of Line (All other parts & % 1 B equipment) $10000 . Equipment Group 23(Johnson Controls) (discount or mark- State Whether Estimated up) the% Listed is Net Cost Group Annual Gross (See S ecial a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-u 2 1A Parts $6000 % 1 B Equipment Roof-To Units $12500 % 1 C Equipment S lit Systems $10000 % 1 D Balance of Line All other parts) $1500 7/0 • . �__BiddiWeAff' at' Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: -ACH /MIAMI BL ITB NO.: 2014-066-SW INVITATION 'Amok" To BIL) HVAC Equipment, Installation, Parts and Services ........... _. Section 1, Instructions to Bidders .............................................................................. p. 2 Section 2, General Conditions .................................................................................... P.3 Section 3, Special Conditions ................................................................................... p.7 Section 4,Specifications&Technical Requirements ..................................................... p. 12 Section 5, Bid Price Form*............................................................................................. p. 14 Section 6, Certification&Affidavits ............................................................................ P. 25 Section 7, "No Bid" Form ......................................................................................... p. 31 - - ITB No..2014-066-SW HVAC Repair Services and:Parts -Sectionl-Instruction to Bidders 19 MIANAIBEACH SECTION 1, INSTRUCTIONS TO BIDDERS •1111 MT a I k,1791.1,111 F3 i• =Procurement Contact: Tel: Email: iams 305 673-7497 Stevenwilliams miamibeachfl. ov 1 • ° P 1 Original Signed Proposal: Copies of Original Signed Proposal: Electronic Copies(CD-ROM or Flashdrive) 1 0 1 Due Date&Time: Location for Bid Submittal: December 23, 2013, 3:00p.m. -city of Miami Beach • . • . • • _ _ Department of Procurement Management _ • • ® • _ ® 1700 Convention Center Drive, 3RD Floor •,• _ • _ • . - • Miami-Beach, Florida 33139 • e e e- 1. CONE OF SILENCE.Pursuant to Section 2-486 of the-City Code, The City does not accept responsibility for delays, natural or all procurement solicitations once advertised and until an award otherwise. recommendation has been forwarded to the City Commission by 4. ADDENDUM..Procurement may issue an addendum in response the City Manager are under the"Cone of Silence."The Cone of to any inquiry received, prior to Bid opening, which changes, Silence ordinance is available at adds to or clarifies the terms, provisions or requirements of the http://library.municode.com/index.aspx?clientlD=13097&statelD= solicitation. The Bidder should not rely on any representation, 9&statename=Florida.Any communication or inquiry in reference statement or explanation whether written or verbal, other than to this solicitation with any City employee or City official is strictly those made in this Bid Solicitation document or in any addenda prohibited with the of exception communications with the issued. Where there appears to be a conflict between this Bid procurement director, or his/her administrative staff responsible Solicitation and any addenda, the last addendum issued shall for administering the procurement process for this solicitation prevail. It is the Bidder's responsibility to ensure receipt of all providing said communication is limited to matters of process or addenda, and any accompanying documentation is included in procedure regarding the solicitation. Communications regarding Bid Proposal as required. this solicitation are to be submitted in writing to the Procurement 5. SPECIAL NOTICES:You are hereby advised that this solicitation Contact named herein with a copy to the City Clerk at is subject to the following ordinances/resolutions, which may be rafaelgranado @miamibeachfl.gov. found on the City Of Miami Beach website: 2. BID PROPOSAL. The Bid Proposal is to include the Bid Price http://web.miamibeachfl.gov/procuremenUscroll.asox?id=23510 Form (Section 5) and Bid Certification and Affidavits.(Section 6) 0 CONE OF SILENCE—CITY CODE SECTION 2-486 and any other information requested herein. Failure to submit a 6 CAMPAIGN CONTRIBUTIONS BY CONTRACTORS-CITY CODE signed Bid Price Form (Section 5) by the due date and time SECTION established herein, or via addendum,for the receipt of bids shall 0 DEBARMENT PROCEEDINGS — CITY CODE SECTION 2-397 render bid non-responsive. THROUGH 2-485 ® LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—CITY The Bid Price Form-(Section 5)shall be completed mechanically CODE SECTION 2-481 THROUGH 2-486 or, if manually, in ink. Bid Price Forms (Section 5) completed in O LIVING WAGE REQUIREMENT — CITY CODE SECTION 407 THROUGH 410 pencil shall be deemed non-responsive.All corrections on the Bid 0 LOCAL PREFERENCE FOR MIAMI BEACH-BASED Price Form(Section 5)shall.be initialed. CONTRACTORS—CITY CODE SECTION 2-372 ® PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED 3. SEALED BIDS. Bids must,be submitted in a sealed envelope or AND CONTROLLED BY VETERANS AND TO STATE CERTIFIED container. The following information should be clearly marked on SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES — the face of the envelope or container in which the bid is CITY CODE SECTION 2-374 submitted: Bid Number, Bid Title, Bidders Name, -Bidder Return ® PROTEST'PROCEDURES—CITY CODE SECTION.2-371 Address.Any Bid-received after the first Bid has been opened will be considered late and will be returned to the Bidder unopened. ..:n,',,A1 B_EACH - 2 - ITB No.2014-066-SW-HVAC Repair Services and Parts -Section 2-General Conditions SECTION 2 GENERAL TERMS AND CONDITION 2.1 GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to Note as to Brand Names:Catalog numbers,manufacturers'and brand names, become thoroughly familiar with the Bid requirements,terms and conditions of this when listed, are informational guides as to a standard of acceptable product solicitation.Ignorance by the Bidder of conditions that exist or that may exist will not quality level only and should not be construed as an endorsement or a product be accepted as a basis for varying the requirements of the City,or the compensation limitation of recognized and legitimate manufacturers. Bidders shall formally to be paid to the Bidder. substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 2.2 MODIFICATIONMITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due-date and 2.10 EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this time. Modifications received after the bid due date and time will NOT be considered. solicitation that before,during,and after a public emergency,disaster,hurricane, Bids shall be irrevocable until contract award unless withdrawn in writing prior to the tornado, flood, or other acts of.force majeure that the City of Miami Beach, bid due date or after expiration of 120 calendar days from the opening of bids without Florida shall receive a"First Priority"for any goods and services covered under a contract award. 'Letters of withdrawal received after the bid due date and before any award resulting from this solicitation, including balance of line items as _said expiration date and letters of withdrawal received after contract award will NOT applicable. It is vital and imperative that the majority of citizens are protected be considered. from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, 2.3 PRICES QUOTED.Prices quoted shall remain firm and fixed during the duration of vendor agrees to provide all award-related goods and services to the City on a the contract. In completing the bid form,state both unit price and extended total, "first priority"under the emergency conditions noted above. when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid,the UNIT 2.11 NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid for compliance with specifications. Items delivered, not conforming to (unless otherwise stated in Special Conditions). Discounts for prompt payment;The specifications,may be rejected and returned at the bidder's expense. These Bidder may offer cash discounts for prompt payments;however,such discounts will items,as well as items not delivered as per delivery date in bid and/or purchase not be considered in determining the lowest price during bid evaluation. Bidders are order,may be purchased by the City,at its discretion,on the open market. Any requested to provide prompt payment terms in the space provided on the Bid increase in cost may be charged against the bidder. Any violation of these submittal signature page of the solicitation. Award, if made,will be in accordance stipulations may also result in the bidder's name being removed from the City's with terms and conditions stated herein. Each item must be bid separately,and no vendor list attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of 2.12 PRODUCT INFORMATION. Product literature, specifications, and technical bid(s). information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the"BID FORM". However, in all 2.4 TAXES.The City of Miami Beach is exempt from all Federal Excise and State-taxes. cases must be provided within five (5) calendar days upon request from Purchasing Agent. 2.5 MISTAKES.Bidders are expected to examine the specifications,delivery schedules, bid prices,and extensions,and all instructions pertaining to supplies and services. 2.13 SAMPLES. Bids submitted as an"equal"product must be accompanied with Failure to do so will be at the bidder's risk and may result in the bid being non- detailed specifications.Samples of items,when required,must be furnished free responsive. of expense and,if not destroyed,will,upon request,be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished 2.6 CONDITION AND PACKAGING.Bidder guarantees items offered and delivered to within(30)days after bid opening. All samples will be disposed of after thirty be the current standard production model at time of bid and shall offer expiration (30)days. Each individual sample must be labeled with the bidder's name. dating of at least one year or later. Bidder also guarantees items offered and Failure of the bidder to either deliver required samples, or to clearly identify delivered to be new,unused,and free from any and all defects in material,packaging samples may be reason for rejection of the bid. Unless otherwise indicated, and workmanship and agrees to replace defective items promptly at no charge to the samples should be delivered to the Procurement Division, 1700 Convention City of Miami Beach,for the manufacturer's standard warranty but in no case for a Center Drive,Miami Beach,FL 33139. period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial 2.14 DELIVERY.Unless actual date of delivery is specified(or if specified delivery packaging. cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order,in space provided. Delivery time may -2.7 UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all become a basis for making an award. Delivery shall be within the normal manufactured items and fabricated assemblies shall be U.L.listed or re-examination working hours of the City using Department,Monday through Friday,excluding listing where such has been established by U.L.for the item(s)offered and furnished. holidays.Receiving hours are Monday through Friday,excluding holidays,from 8:30 A.M.to 5:00 P.M. 2.8 CITY'S RIGHT TO WAIVE OR REJECT BIDS.The City Commission reserves the right to waive any informalities or irregularities in this Bid;or to reject all bids,or any 2.15 INTERPRETATIONS. Any questions concerning the Bid conditions and part of any bid,as it deems necessary and in the best interest of the City of Miami specifications should be submitted, in writing, to the City's Department of Beach. Procurement Management(DPM)1700 Convention Center Drive,Miami Beach, FL 33139.or facsimile:786-394-4075. 2.9 EQUIVALENTS.If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications,he must so indicate in his-bid. Specific 2.16 LATE SUBMISSION.All bids-received after the date,time,and place specified article(s)of equipment/supplies shall conform in quality,design and construction with in the Bid,will be returned to the bidder unopened,and will not be considered. all published claims of the manufacturer. The responsibility for submitting bids before the stated time and date is solely The bidder shall indicate in the Bid'Form the manufacturer's name and number if the responsibility of the bidder. The City will not be responsible for delays bidding other than the specified brands,and shall indicate ANY deviation from the caused by mail, courier service,or any other entity or occurrence. Facsimile, specifications as listed in the Bid. Other than specified items offered requires electronic,or e-mailed bids will not be accepted. complete descriptive technical literature marked to indicate detailed conformance with specifications,and MUST BE INCLUDED WITH THE BID, NO BIDS WILL BE 2.17 INSPECTION,ACCEPTANCE&TITLE.Inspection and acceptance will be at CONSIDERED WITHOUT THIS INFORMATION, destination,unless otherwise provided. Title to(or risk of loss or damage to)all items shall be the responsibility of the successful bidder until acceptance by the vu PA.IBEACH ITB No.2014-066=SW HVAC Repair Services and-Parts Section 2-General,Conditions City,unless loss or damage results from the gross negligence or willful misconduct of or loss to the City occasioned by negligence of the bidder,or his/her officers, the City. employees, contractors, and/or agents, for failure to comply with Applicable Laws. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the,City reserves the right to cancel the order upon 2.28 BID BONDS,PERFORMANCE BONDS,CERTIFICATES OF INSURANCE.Bid written notice to the seller,and return the product,at the bidder's expense. Bonds,when required,shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the 2.18 PAYMENT.Payment will be made by the City after the items have been received, successful bidder to submit a performance bond and certificate of insurance in inspected,and found to comply with Bid specifications,free of damage or defect,and the amount specified in the Special Conditions. properly invoiced. 2.29 DEFAULT.Failure or refusal-of a bidder to execute a contract upon award,or 2.19 DISPUTES. In case of any doubt or difference of opinion as to the items and/or withdrawal of a bid before such award is made,may result in forfeiture of that services(as the case may be)to be fumished hereunder,the decision of the City portion of any bid surety required as liquidated damages incurred by the City shall be final and binding on all.parties. thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders -2.20 LEGAL REQUIREMENTS.The bidder shall be required to comply with all federal, list State of Florida, Miami-Dade-County, and City of Miami Beach codes, laws, ordinances,and/or rules and regulations that in any manner affect the items covered 2.30 CANCELLATION.In the event any of the provisions of this Bid are violated by herein(collectively,Applicable Laws). Lack of knowledge or ignorance by the bidder the bidder, the City shall give written notice to the bidder stating such with/of Applicable Laws will in no way be a cause for relief from responsibility. deficiencies and,unless such deficiencies are corrected within ten(10)calendar days from the date of the City's notice,the City,through its City Manager,may 2.21 PATENTS&ROYALTIES.The bidder shall indemnify and save harmless the City of declare the contract in default and terminate same, without further notice Miami Beach,Florida,and its officers,employees,contractors,and/or agents,from required to the bidder.Notwithstanding the preceding,the City,through its City liability of any nature or kind,including cost and expenses for,or on account of,any Manager,also reserves the right to terminate the contract at any time and for copyrighted,patented,or unpatented invention,process,or article manufactured or any reason, without cause and for convenience, and without any monetary used in the performance of the contract,including its use by the City of Miami Beach, liability to the City,upon the giving of thirty(30)days prior written notice to the Florida. If the bidder uses any design,device or materials covered by letters,patent, bidder. or copyright, it is mutually understood and agreed,without exception, that the bid prices shall include all royalties or cost arising from the use of such design,device, 2.31 BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show or materials in any way involved in the work. purchase order numbers and shall be submitted to the ordering City department. 2.22 OSHA.The bidder warrants to the City that any work,services,supplies,materials or 2.32 SUBSTITUTIONS.After award of contract,the City WILL NOT accept substitute equipment supplied pursuant to this Bid shall conform in all respects to the standards shipments of any kind. The bidder is expected to furnish the brand quoted in its set forth in the Occupational Safety and Health Act of 1970,as amended,and the bid. Any substitute shipments will be returned at the bidder's expense. failure to comply with this condition will be deemed breach of contract Any fines levied because of inadequacies to comply with this condition shall be bome solely by 2.33 FACILITIES.The City,through its City Manager or his/her authorized designee, the bidder. reserves the right to inspect the bidder's facilities at any time,upon reasonable prior written or verbal notice. 2.23 MANNER OF PERFORMANCE.Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local,State,County, 2.34 PROTEST. In the event a prospective bidder wishes to protest any part of and Federal laws, rules, regulations and codes. Bidder agrees that the services the General Conditions, Special Conditions and/or Technical Specifications provided shall be provided by employees that are educated, trained, experienced, contained in this it must file a notice of protest in writing to the Procurement certified, and licensed in all areas encompassed within their designated duties. Director,with a copy to the City Clerk,at least ten(10)business days prior to Bidder agrees to furnish to the City any and all documentation, certification, the Bid opening date and hour specified in the solicitation. Any bidder,who has authorization, license, permit, or registration currently required by applicable laws, a substantial interest in,and is aggrieved in connection with the solicitation or rules,and regulations. Bidder further certifies that it and its employees will keep all proposed award may protest to the City Manager or his or her designee anytime licenses,permits,registrations,authorizations,or certifications required by applicable until two(2)business days following the release of the City Manager's written laws or regulations in full force and effect during the term of this contract. Failure of recommendation to the City Commission.Failure to file a timely notice of protest bidder to comply with this paragraph shall constitute a material breach of this will constitute a waiver of proceedings. contract 2.35 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:If a bidder is in 2.24 SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these doubt as to the true meaning of the Bid specifications,or other Bid documents, General Terms and Conditions shall have precedence. or any part thereof,the bidder must submit to the City,at least ten(10)calendar days poor to the scheduled Bid opening date, a request for clarification. NO 2.25 ANTI-DISCRIMINATION.The bidder certifies that he/she is in compliance with the QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375,relative to equal employment opportunity for all Any interpretation of the Bid, including, without limitation, responses to persons without regard to race,color,religion,sex or national origin. questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original 2.26 AMERICAN WITH DISABILITIES ACT. To request this material in accessible specifications,the Addendum shall supersede such specifications,to the extent format, sign language interpreters, information on access for persons with specified. Subsequent Addendum shall govern over prior Addendum only to the disabilities,and/or any accommodation to review any document or.participate in any extent specified.The bidder shall be required to acknowledge receipt of any and city-sponsored proceeding,please contact 305-604-2489(voice),305-673-7524(fax) all Addendum,and filling in and signing in the spaces provided in section 5.0, or 305-673-7218(TTY)five days in advance to initiate your request.TTY users may Acknowledgements/Affidavits.Failure to acknowledge Addendum may deem a also call 711(Florida Relay Service). bid non-responsive. 2.27 LIABILITY,INSURANCE,LICENSES AND PERMITS.Where bidders are required The City will not be responsible for explanations,interpretations,or answers to to enter.or go on to City of Miami Beach property to deliver materials or perform work questions made verbally.or in writing by any City representative,unless issued or services as a result of the Bid,the bidder will assume the full duty,obligation and by the City via formal written Addendum to this Bid. expense of obtaining all necessary licenses,permits,and insurance,and assure all work complies with all Applicable Laws.The bidder shall be liable for any damages Pl -4 - ITB No.2014-066-SW HVAC°Repair Services and Parts Section 2=General Conditions Any questions or clarifications concerning the Bid shall be submitted in writing to the 2.43 ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if Department of Procurement Management(DPM) 1700 Convention Center Drive, provided,are for-City guidance only.No guarantee is expressed or implied as to Miami Beach,FL 33139 with a copy to the City-Clerk quantities or dollars that will be used during the contract period.The City is not obligated to place any order for a given amount subsequent to the award of this 2.36 DEMONSTRATION OF COMPETENCY. Bid.Estimates are based upon the City's actual needs and/or usage during a A.Pre-award inspection of the bidders facility may be made prior to the award of previous contract period. The City may use said estimates for purposes of contract determining whether the low bidder meets specifications. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this-Bid. 2.44 COLLUSION.Where two(2)or more related parties each submit a bid or bids C. Bidders must be able to demonstrate a good record of performance for a for any contract, such bids or bids shall be presumed to be collusive. The reasonable period of time, and have sufficient financial capacity, equipment,and foregoing presumption may be rebutted by presentation of evidence as to the organization to ensure that they can satisfactorily perform the services if awarded a extent of ownership, control and management of such related parties in the contract under the terms and conditions of this Bid. preparation and submittal of such bid or bids."Related parties"means bidders or D.The terms"equipment and organization",as used herein shall,be construed to the principals thereof which have a direct or indirect ownership interest in mean a fully equipped and well established company in line with the best business another bidder for the same contract, or in which a parent company or the practices in the industry,and as determined by the City of Miami Beach. principals thereof of one(1)bidder have a direct or indirect ownership interest in E.The City may consider any evidence available regarding the financial,technical, another bidder for the same contract Bid or bids found to be collusive shall be and other qualifications and abilities of a bidder, including past performance rejected. (experience),in making an award that is in the best interest of the City. F.The City may require bidders to show proof that they have been designated as Bidders who have been found to have engaged in collusion may also be authorized representatives of a manufacturer or supplier,which is the actual source suspended or debarred,and any contract resulting from collusive bidding may of supply. In these instances,the City may also require material information from the be terminated for cause. source of supply regarding the quality,packaging,and characteristics of the products to be supply to the City. Any material conflicts between information provided by the 2.45 DISPUTES.In the event of a conflict between the Bid documents,the order of source of supply and the information contained in the bidder's bid may render the bid priority of the documents shall be as follows: non-responsive. A. Any contract or agreement resulting from the award of this Bid;then G. The City may, during the period that the contract between the City and the B. Addendum issued for this Bid, with the latest Addendum taking successful bidder is in force,review the successful bidder's record of performance to precedence;then ensure that the bidder is continuing to provide sufficient financial support,equipment, C. The Bid;then and organization as prescribed in this bid. Irrespective of the bidder's performance D. The bidder's bid in response to the Bid. on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that 2.46 REASONABLE ACCOMMODATION. In accordance with Title II of the the successful bidder no longer possesses the financial support, equipment, and Americans with Disabilities Act,any person requiring an accommodation at the organization which would have been necessary during the bid evaluation period in Bid opening because of a disability must contact the Procurement Division. order to comply with the demonstration of competency required under this subsection. 2.47 -GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official,employee,contractor,or agent of the City,for the 2.37 DETERMINATION OF AWARD. In determining the lowest and best bidder, in purpose of influencing consideration of this Bid. addition to price,there shall be considered the following: • The ability,capacity and skill of the bidder to perform the contract 2.48 SIGNED BID CONSIDERED AN OFFER.The signed bid shall be considered an • Whether the bidder can perform the contract within the time specified,without offer on the part of the bidder, which offer shall be deemed accepted upon delay or interference. award of the bid by the City Commission.In case of default on the part of the • The character,integrity,reputation,judgment,experience and efficiency of the successful bidder, after such acceptance, the City may procure the items or bidder. services from other sources and hold the bidder responsible for any excess cost • The quality of performance of previous contracts. occasioned or incurred thereby. • The previous and existing compliance by the bidder with Applicable Laws relating to the contract. 2.49 TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical be bids, preference will be given to bidders certifying that they have 2.38 ASSIGNMENT.The successful bidder shall not assign, transfer,convey,sublet or implemented a drug free work place program. A certification form will be otherwise dispose of the contract, including any or all of its right, title or interest required. In the event of a continued be between two or more bidders after therein,or his/her or its power to execute such contract,to any person,company or consideration of the drug free workplace program,the City's Local Preference corporation,without the prior written consent of the City. and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued be after the Local and Veteran 2.39 LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all Preference ordinances have been applied or the be exists between bidders that licenses,permits,and inspection fees required under the contract;and shall comply are not Local or Veteran,the breaking of the be shall be at the City Managers with all Applicable Laws. discretion, which will make a recommendation for award to the City Commission. 2.40 OPTIONAL CONTRACT USAGE.When the successful bidder(s)is in agreement, other units of government or non-profit agencies may participate in purchases 2.50 DELIVERY TIME. Bidders shall specify in the attached Bid Form, the pursuant to the award of this contract at the option of the unit of government or non- guaranteed delivery time(in calendar days)for each item. It must be a firm profit agency. delivery time;no ranges(For example,12-14 days)will be accepted. 2.41 SPOT MARKET PURCHASES. It is the intent of the City to purchase the items 2.51 TERMINATION FOR DEFAULT.If the successful bidder shall fail to fulfill in a specifically listed in this Bid from the successful bidder. However,the City reserves timely manner, or otherwise violate, any of the covenants, agreements, or the right to purchase the items from state or other governmental contract,or on an stipulations material to the Bid and/or the contract entered into with the City as-needed basis through the City's spot market purchase provisions. pursuant thereto,the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the 2.42 ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any bidder of such termination,which shall become effective upon receipt by the person or firm who is in arrears to the City upon any debt,taxes,or contracts which bidder of the written termination notice. are defaulted as surety or otherwise upon any obligation to the City. In that event, the City shall compensate the successful bidder in accordance ,with the term of the contract for all work and/or services satisfactorily performed ms _ •ITB No.2014-066-SW HVAC Repair Services and Parts I Section 2-General Conditions by the bidder prior to termination, net of any costs incurred by the City as a possession of the contractor upon termination of the contract and destroy any consequence of the default duplicate public records that are exempt or confidential and exempt from public Notwithstanding the above,the successful bidder shall not be relieved of liability to records disclosure requirements. All records stored electronically must be the-City for damages sustained by the City by virtue of any breach of the contract by provided to the public agency in a format that is compatible with the information the bidder,and the City may.reasonably withhold payments to the successful bidder technology systems of the public agency. for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 2.56 CONTRACT EXTENSION.The City reserves the right to require the Contractor The City may,at its discretion,provide reasonable"cure period"for any contractual to extend contract past the stated termination date for a period of up to 120 days violation prior to termination of the contract;should the successful bidder fail to take in the event that a subsequent contract has not yet been awarded.Additional the corrective action specified in the City's notice of default within the allotted cure extensions past the 120 days may occur as needed by the City and as mutually period,then the City may proceed to terminate the contract for cause in accordance agreed upon by the City and the contractor. with this subsection 1.57. 2.52 TERMINATION FOR CONVENIENCE OF CITY.The City may,for its convenience, terminate the work and/or services then remaining to be performed,at any time,by giving written notice to the successful bidder of such termination,which shall become effective thirty(30)days following receipt by bidder of such notice. In that event,all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection,the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City,work and/or services actually performed by the successful bidder,and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 2.53 INDEMNIFICATION.The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability,losses or damages,including attorney's fees and costs of defense,which the City or its officers, employees,agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith,and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the '''°' successful Bidder shall in no way limit the responsibility to indemnify,keep and save IN 1T •1 BLANK: . . ..L .. harmless and defend the City or its officers,employees,agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 2.54 EXCEPTIONS TO BID.Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one(1)or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements,you must notify the Procurement Office,in writing, at least five(5)days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 2.55 FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes,and s.24(a),Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30)days after opening of the bids,whichever is earlier.Additionally,Contractor agrees to be in full compliance with Florida Statute 119.0701 including,but not limited to,agreement to(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services;(b)provide-the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;(d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in PO:A„NAI BEACH - 6- ITB No.2014-066-SW HVAC Repair Services and Parts Section 3--Special Conditions SECTION 3.0 SPECIAL CONDITIONS 3.1 PURPOSE: The purpose of this IT8 is to establish a contract, by means of sealed-bids, with a qualified firm(s)-to -provide HVAC Equipment, Installation, Parts and Services at various facilities located within the City of Miami!Beach(the "City")for the Department of Property Maintenance in accordance with the prescribed specifications and-requirements. -Interested vendors are invited to submit bids in response to this ITB. 3:2 BIDDER QUESTIONS: Any questions or clarifications concerning this solicitation shall be submitted to the Department of Procurement Management�(DPM) in writing to the attention of the Procurement Contact named in Section 1, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado(a�miamibeachfl.gov;or-facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven .(7) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. 3.3 PRE-BID MEETING: N/A 3.4 VENDOR PREFERENCES: 3.4.1 MIAMI BEACH BASED VENDORS. In accordance with Section 2-372 of the Miami Beach City Code, a Miami Beach-based vendor, whose bid amount is within five percent (5%) of the lowest, responsive, responsible bidder, will be provided an opportunity to furnish the bid items at the amount bid by the lowest, responsive, responsible bidder. 3.4.2 VETERAN BUSINESS ENTERPRISES. In accordance with Section 2-374 of the Miami Beach City Code, a Veteran Business Enterprise vendor, whose bid amount is within five percent (5%) of the lowest, responsive, responsible bidder, will be provided an opportunity to furnish the bid items at the amount bid by the lowest, responsive, responsible bidder. 3.5 METHOD OF AWARD: 3.5.1 Staff Review/Recommendation. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. The City reserves the right to consider award to secondary and tertiary vendors. 3.5.2 City Manager's Review. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. 3.5.3 City Commission Authority.The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). 3.5.4 Best Vendor. In addition to price and other requirements,the City shall consider the following in making an award determination: (1)The ability, capacity and skill of the bidder to perform the contract. -(2)Whether the bidder can perform the contract within the time specified,without delay or interference. (3)The character, integrity, reputation,judgment,experience and efficiency of the bidder. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the bidder with-laws and ordinances relating to the contract. 7 ITB No.2014-066=SW HVAC Repair Services and Parts Section 3—Special Conditions 3.5 TERM OF CONTRACT: The Contract shall commence upon the date of notice of award and shall be effective for two=(2)years. 3.6 OPTION TO RENEW: There will be the option to extend-for-three (3) additional one(1)year periods, subject to the availability offunds.for succeeding fiscal years. Continuation of-the contract beyond the initial period is a City prerogative;-not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 3.8 PRICES: All prices quoted in the awardee's bid submittal shall remain-firm and fixed, unless amended in writing by the City. 3.8.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI-.0 index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the -City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 3.9 EXAMINATION OF CITY FACILITY AND INSPECTION OF CITY EQUIPMENT: N/A 3.10 EQUAL PRODUCT: N/A 3.11 LIQUIDATED DAMAGES: N/A 3.12 INDEMNIFICATION AND INSURANCE: The successful bidder shall be.responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The bidder shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It -is understood and agreed that at all times the bidder is acting as an independent contractor,and not as an agent or-employees of the City. The successful bidder, at all times during the full term of the contract, shall comply with the following requirements: • No change or cancellation in insurance shall be made without thirty(30)days written notice to the City of Miami Beach Risk Manager. • All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide,latest edition. • Original signed certificates of insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City is Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance,the successful bidder must submit updated certificates of insurance for as long a period.as any work and/or services are still in progress. • It is.understood and agreed that all policies of insurance provided by the bidder are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work and/or services performed in this contract. • All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. • The liability insurance coverage shall extend to and include the following contractual indemnity and g !,,,AlAl!V,,I BEACH f ' V ITB No.2014-066-SW HVAC Repair Services and Parts Section 3—Special Conditions hold harmless agreement: The vendor shall furnish to the Department of -Procurement Management, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets-the requirements as outlined below: ..a.--Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. • ommercial General Liability Insurance on a-comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount no less than $1.000,000 combined single limit per occurrence for-bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. • Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: • The company must be rated no less than "B" as to management, and no less than "Class W as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,or its equivalent, subject to the approval of the City Risk Management Division. or • The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder.Certificate holder must read: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. The foregoing indemnity shall apply to any and all claims and suits other than claims and suits arising out of the gross negligence or willful misconduct of the City of Miami Beach, its officers, agents, and employees. The bidder will notify its insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The bidder will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The bidder will secure and maintain.policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any section of this contract. Bidder shall be as fully ® ,`0I r A,/A,1 BEACH 9 ITB No.2014:066 SW HVAC Repair Services and Parts Section 3—Special Conditions responsible to the City for the acts and omissions of the subcontractor and of persons employed by it as it is for acts and omissions of persons directly employed by it. Insurance coverage required in these specifications shall be in force throughout the contract term. Should the successful bidder fail to provide acceptable evidence-of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the,contract in default and proceed to terminate same. Please note that-the City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, -and any other J P applicable Statutes. 3.13 BID GUARANTY: N/A 3.14 PERFORMANCE AND/OR PAYMENT BOND: Performance and payment bond, in the full amount of the value of the project,will be required for projects exceeding$300,000. Please refer to Section 2.28-Bid Bonds, Performance Bonds, and Certificates of Insurance. 3.15 CERTIFICATIONS: Miami-Dade County Air Conditioning Mechanical Journeyman license or Journeyman General Mechanical license,and EPA 608 Technical Program Certification. Certification from manufacturer. Current licenses should be provided with bid, and no personnel shall service City facilities without said licenses. 3.16 METHOD OF PAYMENT: Invoices for payment will be submitted upon receipt and acceptance of goods ordered via a Purchase Order, No down or partial,down payments will be made. Invoices will be subject to verification and approval by the Contract Administrator,or his/her designated representative. 3.17 SHIPPING TERMS: FOB DESTINATION 3.18 DELIVERY REQUIREMENTS: The Successful Bidders shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s)which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include,at a minimum,the following information: purchase order number;date of order;a complete listing of items being delivered. 3.19 BACK ORDER ALLOWANCES: Subject to approval by City's authorized representative. 3.20 WARRANTY/GUARANTEE REQUIREMENTS: The contractor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one(1)year from date of completion. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one(1)year after the date of acceptance of the labor, materials and/or equipment by the City, This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the contractor is under:contract with the City at the time of the defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warrant provisions. The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the contractor of such deficiency in writing. If the contractor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the contractor, in writing,that the bidder may be debarred as a City bidder/proposer and/or subject to contractual default if the correction or replacements are not-completed to the satisfaction of ® MIA""OIBEA IC—H 10 ITB No.2014-066-SW HVAC Repair-Services and Parts 'Section 3—Special Conditions -the City within ten(10)calendar days of receipt of the notice. If the contractor fails to-satisfy the warranty within the-period specified in the notice, the-City may (a) place the contractor in default of the contract, and/or (b) procure the products or services from another contractor and charge the-contractor for any additional costs that are incurred by the City for this work or items,either-through a credit memorandum or through invoicing. 3.21 MULTIPLE AWARD: N/A:The City may award up to three vendors(primary,secondary, tertiary),as available, by line item, by group or in.its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in-compliance with any contract or delivery requirement; 2)it is in the best interest of the City to do so regardless of reason. 3.22 CONTRACTOR EMPLOYEE CRIMINAL BACKGROUND CHECK AND ID BADGING REQUIREMENTS: It is a requirement of this bid that contractor comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, requiring that only those contractor employees that have successfully passed the background screening required by the referenced statutes and that meet the standards established by the statutes be allowed access to any City location or prior to the provision of any contract services. This requirement shall extend to all contractor representatives, agents or sub-contractors performing duties under the contract. The background screening will be conducted by The City of Miami Beach Human Resources Department. Contractor will bear the cost, currently estimated at approximately $40.00 per employee (subject to change from time to time), of acquiring the background screening required under Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the provided with respect to contractor and its personnel. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this solicitation and any resulting agreement for which the City reserves the right to terminate immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless the City, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. Up on successful completion of the required criminal background check the City will issue ID badges to each contractor employee at a nominal fee, currently $10.00 (subject to change from time to time). Contractor agrees that no contractor employee shall be allowed on any City property without a City issued ID badge worn at all times in a visible and easily readable location.The transfer of ID badge from one employee to another is strictly prohibited and shall be cause for all contractor employees responsible for such action to be immediately removed from City property and contractor fined in accordance with the provisions of Section 4.5. Instructions on obtaining ID badges will be provided after contract award.City ID badges will only be valid for the original term of the contract. Subsequent renewal periods will require new background checks and City.ID badges. Contractor agrees to require all its employees to notify the Contractor and the City of any arrest(s) or conviction(s) of any offense within 24 hours of its occurrence. Contractor further agrees to immediately notify the City upon becoming aware that one of its employees which were previously certified as completing the background check is subsequently arrested or convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest or conviction within 24 hours of being put on notice shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately. 3.23 MANUFACTURER-PRICE LISTS: Bid,shall state,on the Bid Price Form,whether parts and equipment,as listed, shall be sold to the City at a discount or mark-up from the manufacturer price list.-For each manufacturer for which Bidder submits a bid, Bidder shall provide,with bid or within three(3)days of request by the City,the manufacturer price list upon which the percentage discount or mark-up is to be calculated. 4M V,.1A.Av1,I BEACH it ITB No.2014-066-SW HVAC Repair Services and Parts Section 4—Technical Specifications SECTION 4.0 TECHNICAL SPECIFICATIONS The successful Bidder shall furnish air conditioning repair services, including parts, labor, materials, equipment and supervision for all the air conditioning units located citywide, as specified herein. All the equipment brand names are listed below for all citywide locations. All equipment are"as is"condition. No exceptions will be allowed on any of the equipment listed. 4.1 MINIMUM REQUIREMENTS. The following minimum requirements will be considered in the review of each bidder's responsiveness. Failure to meet or exceed minimum requirements will disqualify bidder from consideration. 4.1.1 Licensure 1 Certification. Miami-Dade County Air Conditioning Mechanical Journeyman license or Journeyman General Mechanical license, and EPA 608 Technical Program Certification. Current licenses must be provided with bid,and no personnel shall service City facilities without said licenses. 4.1.2 Similar Experience. Bidder shall demonstrate previous experience in regards to the requirements of this solicitation for a period of no less than three (3) years in providing these services to at least one government agency in the Tri-County area(Miami-Dade, Broward, Palm Beach). 4.1.3 Manufacturer Authorization. Bidder shall submit, for each manufacturer group for which bidder submits a bid, documentation from the manufacturer that bidder is authorized to sell parts, install and provide service. 4.2 PERFORMANCE STANDARDS. All work shall be performed in strict accordance with manufacturer requirements, and applicable standards for equipment, repairs and indoor air quality established by, including but not limited to, the following firms: American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE); Environmental Protection Agency(EPA); Heating,Air-Conditioning &Refrigeration Distributors International (HARDI); and all applicable codes. 4.2.1 Installation.All installation projects shall include all necessary equipment and supplies and be completed only by manufacturer qualified personnel. Where material and supplies are required that are outside the scope of the items included in the ITB, the City Contract Administrator shall negotiate pricing with the selected contractor. Written approval of project proposal is required prior to the commencement of work. The contractor shall obtain all necessary permits. The-City will reimburse for the direct cost of said permits. 4.3 SERVICE RESPONSE TIME: Shall be performed as needed and as authorized by the Contract Administrator. (a) Repairs shall be performed at the hourly rate specified on the Cost Proposal. The hourly rate specified shall include full compensation for labor, equipment use, and travel time. Materials/parts required for repair jobs shall be billed at the contractor's actual cost. (b) Response time for repair jobs will be four(4)hours for non-emergency services and one(1)hour for emergency services. Failure by the successful bidder to adhere to these response time requirements will place that contractor in default of the contract. The City will then contact the secondary bidder to perform the repair services. (c) Repair services shall be available to the City twenty-four(24) hours a day, seven (7)days a week, year round. Regular hours shall be from Monday through Friday, 8:00 a.m. to 5:00 p.m. Overtime hours shall be between 5:00 p.m.to 8 a.m., weekdays and twenty-four(24)hours on Saturday, Sunday and legal holidays. -(d) Repairs shall not be performed unless expressly authorized by the Contract Administrator. (e) The City reserves the right to seek-cost estimates (quotes)from the Contractor prior to the performance of any repair work. Quotes will be provided at no additional cost to the City. (f) Comply with the following response to emergency and non-emergency calls: Emergency:Within one(1)hour BEACH 12 ITB No.2014-066-SW HVAC Repair Services and Parts Section 4—Technical Specifications Non-Emergency:Within four(4) hours Project Estimates:Within two(2)days Emergency Project Estimates:Within one(1)day All invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours required to complete the work, and contractor's actual cost for materials/parts+/-markup or discount. 4.4 SUBCONTRACTORS: Bidder must list any or all subcontractor(s)that may be utilized to assist in the performance of the work specified herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under the Bidder's Minimum Qualifications section,as applicable. All information required shall be included in the solicitation response or within three (3) days of request by the City. -If bidder does not include any subcontractor(s)as part of its bid submittal, it will be construed that bidder will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work unless it requests in writing,and approved by the City Contract Administrator, the hiring of subcontractor(s) with the aforementioned requirements attached to its request within seventy-two(72) hours of considering hiring subcontractor(s). 4.5 WARRANTY: Contractor shall fully guarantee all repair work for a period of not less than one year. For new installations, Contractor shall provide full manufacturer warranty to the-City. 4.6 VALUE: No guarantee as to the dollar amount of this bid is given or implied. Estimates in the Bid Price Form are strictly for evaluative purposes and may not represent actual work awarded to Contractor(s)under this contract. BEACH 13 ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Rev.12/30/13 SECTION 5.0 BID PRICE FORM Failure to submit Section 5,Bid Price Form, in its entirety and fully executed by the deadline established for the receipt-of bids will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms,conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays,taxes, insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive. All corrections on the Bid Price Form(Section 5)shall be initialed. SECTION 5.1 —EQUIPMENT PARTS AND SERVICE Group 1 (Baber Coleman) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 1A Hourly Rate- Regular 1 20 Hourly Rate N/A 1 B Hourly Rate-Non Re ular 10 Hourly Rate N/A Sub-total Item 1 -Labor Items 1 A+ 1B % (discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item I Description Costs Condition 3.23) Mark-up up) 1 C Parts Pneumatic $2500 % N/A 1 D Balance of Line All other parts) $2500 % N/A 1 E Baber Coleman Equipment $10000 % N/A • total Item e Eq pment - N/A • _ • • - N/A Group 2(Bard) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 2A Hourly Rate-Regular 100 Hourly Rate N/A 213 Hourly Rate-Non Re ular 40 Hourly Rate N/A b"total Item 2-Labor(items 2A+2 % (discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% (See Special Group Annual Gross or mark-up) Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 2C Parts $2500 % N/A 2D Equipment Roof-Top Units $7500 % N/A 2E Equipment Split Systems $7500 % N/A 2F Balance of Line(All other parts) $2500 % N/A Sub.-.total Item, N/A i Jotal.Group - N/A ROTH SOUTHEAST M ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Rev.12/30113 Group 3(Bristol Compressors) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 3A Hourly Rate-Regular 100 Hourly Rate N/A 3B Hourly Rate- Non Re ular 40 Hourly Rate N/A % (discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up) S 3C Parts $5000 % N/A Balance of Line (All other parts & % N/A 3D equipment) $10000 total - - N/A Total Group - N/A Group 4{Carrier Equipment) Estimated Group Annual Total _Item _ Description service hours U/M Unit Cost (Quantity x Unit Cost) 4A Hourly Rate-Regular 200 Hourly Rate N/A 4B Hourl Rate-Non Regular 80 Hourly Rate N/A % (discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up) 4C Parts $5000 % N/A 4D Equipment Roof-Top Units $7500 % N/A 4E Equipment S lit Systems $5000 % N/A 4F Chillers $10000 % N/A 4G Balance of Line All other arts $2500 % N/A Sub-total - - (items . . . . - . . N/A 0 ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 5(Climate Master) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 5A Hourly Rate- Regular 200 Hourly Rate N/A 5B Hourly Rate- Non Regular 80 Hourly Rate N/A % (discount State Whether the Net Cost Estimated or mark % Listed is a (Gross_Cost% Group Annual Gross cial Discount of Mark- Discount or Mark- Item Description Costs (See 3123 up up 5C Parts $2500 % N/A 5D Equipment Roof-Top Units $7500 % N/A 5E Equipment S lit Systems $5000 % N/A 5F Water cooled equipment $2500 % N/A 5G Balance of Line (All other parts) $2500 % N/A • • . Item - N/A • s • - N/A Group 6(Coleman) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost) 6A Hourly Rate-Regular 50 Hourly Rate N/A 613 Hourly Rate-Non Re ular 15 Hourly Rate i N/A e BA �'Subr total Item Labor(it ms +6.13) % (discount State Whether the Net Cost Estimated or mark % Listed is a (Gross_Cost% Group Annual Gross Special Discount of Mark- Discount or Mark- Item Description Costs condition 3123 up up) 6C Parts $2500 % N/A 6D Equipment Roof-Top Units $5000 % N/A 6E Equipment S lit Systems $5000 % N/A 6F Balance of Line All other partc, $2500 % N/A total, - Parts .,Total Group 5.1.6(items N/A • ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Rev. 12/30/13 Group 7(Copeland Compressors) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 7A Hourly Rate-Regular 20 Hourly Rate N/A 7B Hourly Rate- Non Re ular 1 10 1 Hourly Rate N/A ,SU6- • - Labor - a N/A % (discount State Whether the Net Cost Estimated or mark % Listed is a (Gross—Cost% Group Annual Gross cial Discount of Mark- Discount or Mark- Item Description Costs (See 3123 up up 7C Parts $10000 % N/A Balance of Line(All other parts& o N/A 7D equipment) $5000 �0 • • - N/A Total • • - N/A Group 8(Evapco) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 8A Hourly Rate- Regular 100 Hourly Rate N/A 8B Hourly Rate-Non Re ular 1 40 1 Hourly Rate I N/A • • .•• :• :� N/A % (discount State Whether the Net Cost Estimated or mark % Listed is a (Gross_cost% Group Annual Gross cial Discount of Mark- Discount or Mark- Item Description Costs C ndit on 3123 up up) 8C Parts $7500 % N/A 8D Equipment-Coolin Towers $10000 % N/A 8E Balance of Line All other arts $2500 % N/A • • - : -Parts, Items, N/A • • • : - :' ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 9(Friedrich) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 9A Hourly Rate-Regular 20 Hourly Rate N/A 9B Hourly Rate-Non Regular 1 10 Hourly Rate N/A % (discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up u 9C Parts $3000 % N/A 9D Equipment Roof-Top Units $5000 % N/A 9E Equipment Split Systems $5000 % N/A 9F Balance of Line All other arts $2000 % N/A Sub-total Item�9-Parts(Items:K.917),. • . • • . ., s N/A Group 10(Florida Heat Pump Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 10A Hourly Rate-Regular 100 Hourly Rate N/A 10B Hourly Rate-Non Re ular 40 Hourly Rate N/A -,S6bjotdI Item % (discount State Whether Net Cost Estimated the% Listed is a (Gross_Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up) 10C Parts $2500 % N/A 10D Equipment Roof-Top Units $7500 % N/A 10E Equipment Split Systems $5000 % N/A 10F Water cooled equipment $4000 % N/A 10G Balance of Line All other arts) $1000 % N/A total - 1 - - i 1 N/A • • • 1 - 1` 1 ROTH SOUTHEAST r ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Rev. 12130/13 Group 11 (Goodman) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 11A Hourly Rate- Regular 20 Hourly Rate N/A 11B Hourly Rate- Non Re uiar 10 Hourly Rate N/A Sub otal Itern:11 -Labor - C N/A % (discount State Whether Net Cost Estimated the% Listed is a (Gross—Cost% (See Speccial ial Group Annual Gross or mark Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up) 11C Parts $3500 % N/A 11D Equipment Roof-To Units $5500 % N/A 11E Equipment S lit Systems $5000 % N/A 11F Balance of Line All other arts $1000 % N/A • _ - - N/A ® . • - 11AX N/A Group 12(Janitrol) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 12A Hourly Rate- Regular 20 Hourly Rate N/A 12B Hourly Rate- Non Re ular 10 Hourly Rate N/A Sub-total ltern'12 -Labor, Itpms,.12A:+,TMI N/A % (discount State Whether Net Cost Estimated or mark-up) the% Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Discount or Mark- Item Description Costs Condition 3.23) Mark-up up) 12C Parts $3500 % N/A 12D Equipment Roof-To Units $5500 % N/A 12E Equipment S lit Systems $5000 % N/A 12F Balance of Line All other arts $1000 % N/A N/A Total . s - ' ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30113 Group 13(Johnstone Supply) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 13A Hourly Rate-Regular 100 Hourly Rate N/A 13B Hourly Rate- Non Re ular 40 Hourly Rate N/A Sub-totatltem.13.-L.s or, temt; N/A % (discount State Whether Estimated the% Listed is a Net Cost S Group Annual Gross or mark-up) Discount of (Gross—Cost% (See Special ( Item Description Costs Condition 3.23) Mark-up Discount or Mark-upL 13C Parts $3000 % N/A 13D Equipment Roof-Top Units $10000 % N/A 13E Equipment S lit Systems $6000 % N/A 13F Balance of Line All other arts $1000 % N/A total - - - N/A s s . - F Group 14(Lenox). Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 14A Hourly Rate-Regular 20 Hourly Rate N/A 14B Hourly Rate-Non Re ular 10 Hourly Rate N/A total - Labor, - N/A % (discount State Vlhether the Net Cost Estimated or mark % Listed is a (Gross_Cost% Group Annual Gross cial Discount of Mark- Discount or Mark- Item Description Costs C ndit on 3123 up up 14C Parts $3500 % N/A 14D Equipment Roof-Top Units $5500 % N/A 14E Equipment Split Systems $5000 % N/A 14F Balance of Line (All other parts) $1000 % N/A - - N/A s s . • • N/A • ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 15(Mitsubishi) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 15A Hourly Rate-Regular 20 Hourly Rate N/A 15B Hourly Rate-Non Re ular 10 Hourly Rate N/A total If 15 7,'Lab sub- em B % (discount State Whether the Net Cost Estimated or mark-up) % Listed is a (Gross_Cost% Group Annual Gross (See Special Discount of Mark- Discount or Mark- Item Description Costs Condition 3.23) up up) 15C Parts $3500 % N/A 15D Equipment Roof-To Units $5500 % N/A 15E Equipment Split Systems $5000 % N/A 15F Balance of Line All other 12artc, $1000 % N/A Item''Sub-total Parts N/A - Group. (Rheem Equipment) Estimated Group Annual Total Item Description service hours U/M U.-lit Cost (Quantity x Unit Cost 16A Hourly Rate-Regular 200 Hourly Rate N/A 16B Hourly Rate- Non Re ular 80 1 Hourly Rate N/A Sub�-Jotal Item 16�iabor(Items 16A+ 16B) % (discount State Whether the Net Cost Estimated or mark % Listed is a (Gross Cost% Group Annual Gross Special Discount of Mark- Discount or Mark- Item Description Costs Condit on 323) up up) 16C Parts $7500 % N/A 16D Equipment Roof-Top Units $10000 % N/A 16E Equipment Split Systems $10000 % N/A 16F Balance of Line All other. arts $2500 % N/A SO-to s . N/A ® • . 4A-1,_8f:). N/A ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 17(Trane Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost 17A Hourly Rate-Regular 200 Hourly Rate N/A 17B Hourly Rate-Non Regular 1 80 Hourly Rate N/A I All_ • • _s• N/A 'Su % (discount State Whether the Net Cost Estimated % Listed is a (Gross—Cost% Group Annual Gross or(See Secal mark-up) Discount of Mark- Discount or Mark- Item Description Costs Condit on 3123 up u 17C Parts $5000 % N/A 17D Equipment Roof-Top Units $7500 % N/A 17E Equipment Split Systems $7500 % N/A 17F Chillers $7500 % N/A 17G Balance of Line All other arks $2500 % N/A • • - N/A • • • + N/A Group 18(York Equipment) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly N/A 18A Hourly Rate-Regular 200 Rate Hourly N/A 18B Hourly Rate-Non Regular 80 Rate _ (discount or mark- up) State Whether Estimated Spec al the% Listed is Net Cost Group Annual Gross condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 18C Parts $5000 % N/A 18D Equipment Roof-To Units $10000 % N/A 18E Equipment Split Systems $7500 % N/A 18F Chillers $5000 % N/A 18G Balance of Line(All other parts) $2500 % N/A • • Item. N/A Total • • : - N/A ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Rev.12/30/13 Group 19(Ice U Matic) Ice Machine Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly N/A 19A Hourly Rate- Regular 200 Rate Hourly N/A 19B Hourly Rate-Non Regular 80 Rate OF (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group nnual Gross Special p a Discount of (Gross Cost% Condition — Item Description Costs 3.23) Mark-up Discount or Mark-up 19C Parts $10000 % N/A 19D Equipment (Ice machines) $17500 % N/A 19E Balance of Lire All other arts $2500 % N/A total - (Items N/A . .. • . . Group 20(Delta-Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly N/A 20A Hourly Rate-Regular 100 Rate Hourly N/A 20B Hourly Rate-Non Re ular 40 Rate total 1 ..a 1, iC N/A • (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group nnual Gross Special a Discount of p Condition (Gross_Cost Item Description Costs 3.23) Mark-up Discount or Mark-up) 20C Parts $7500 % N/A Balance of Line(All other parts & % N/A 20D equipment) $12500 •-total Ite 0C i P N/A Total. • • 1 - 210A:20! N/A ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 21 (Direct Digital -Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly N/A 21A Hourly Rate- Regular 100 Rate Hourly N/A 21B Hourl y Rate-Non Regular 40 Rate Sub-'total Item 2411'-Laborfltems 21A+2,lB) (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Special Group Discount of p Annual Gross Condition (Gross—Cost Item Description Costs 3.23) Mark-up Discount or Mark-up) 21C Parts $7500 % N/A Balance of Line(All other parts & % N/A 21 D equipment) $12500 • - - s • _ • • - ` N/A Group 22(Explorer-Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cast (Quantity x Unit Cost) Hourly $ 86.00 22A Hourly Rate-Regular 200 Rate $17,200.00 22B Hourly $129.00 $10,320.00 Hourly Rate-Non Regular Rate e • - .•f ' $27,520.00 (discount or mark- State Whether Estimated Group Annual Gross up) the% Listed is Net Cost p s (See Special a Discount of (Gross Cost% Condition item Description Costs 3.23) Mark-up Discount or Mark-up) 22C Parts $20000 30 % Mark-up $26, 000.00 Balance of Line(All other parts& 30 % Mark-up $13, 000.00 22D equipment) $10000 total - - $39,000.00 • • • - i $66,520.00 ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Rev. 12/30113 Group 23 (Johnson Controls) Estimated Group Annual Total Item Description service hours U/M Unit Cost (Quantity x Unit Cost Hourly N/A 23A Hourly Rate- Regular 200 Rate Hourly N/A 23B Hourly Rate- Non Regular 80 Rate total-it 23-Lab.6rflt &b ern (discount or mark- State Whether Estimated up) the% Listed is Net Cost (See S Group Annual Gross Co dt onial a Discount of (Gross—Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 23C Parts $6000 % N/A 23D Equipment Roof-Top Units $12500 % N/A 23E Equipment Split Systems $10000 % N/A 23F Balance of Line All other parts $1500 % N/A �Sub-total - Parts ath • . . m N/A . i ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12130113 SECTION 5.2—EQUIPMENT OR PARTS ONLY(NO SERVICE) Group 1 (Saber Coleman) % (discount State Whether Estimated the% Listed is Net Cost Group nnual Gross or mark cial a Discount of (Gross—Cost% p (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up 1A Parts Pneumatic $2500 % N/A 1B Balance of Line(All other parts) $2500 % N/A 1C Baber Coleman E ui ment $10000 % N/A Group 2(Bard) % (discount State Whether Estimated the% Listed is Net Cost Group Annual Gross or mark-up) a Discount of Gross—Cost% (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up) 2A Parts $2500 % N/A 2B Equipment Roof-Top Units $7500 % N/A 2C Equipment Split Systems $7500 % N/A 2D Balance of Line(All other parts) $2500 % N/A s • • s • - - N/A Group.3(Bristol Compressors) % (discount State Whether Estimated the% Listed is Net Cost Group Annual Gross or mark-up)(See Special a Discount Di of (Gross—Cost% Item Description Costs Condition 3.23 Mark-up Discount o Mark-up) 3A Parts $5000 % N/A Balance of Line(All other parts & % N/A 3B a auipment) $10000 • • • : • • - - C N/A Group 4(Carrier Equipment) % (discount State Whether Estimated the% Listed is Net Cost Group Annual Gross or ee Special a Discount of (Gross—Cost% (wee Special ( Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 4A Parts $5000 % N/A 4B Equipment Roof-Top Units $7500 % N/A 4C Equipment S lit Systems $5000 % N/A 4D Chillers $10000 % N/A 4E Balance of Line(All other parts) $2500 % N/A Total • s • • - N/A • ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12130113 Group 5(Climate Master) % (discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount of Gross_Cost% (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up 5A Parts $2500 % N/A 5B Equipment Roof-Top Units $7500 % N/A 5C Equipment Split Systems $5000 % N/A 5D Water cooled equipment $2500 % N/A 5E Balance of Line(All other parts) $2500 % N/A ment, OM' Group 6(Coleman) % (discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount of Gross_Cost% (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up) 6A Parts $2)500 % N/A 66 Equipment Roof-Top Units $5000 % _ N/A 6C Equipment S lit Systems $5000 % N/A 6D balance of Line(All other arts) $2500 % N/A • . • _ A N/A • • • • • • •� Group 7(Copeland Compressors) P P ) % (discount State Whether Estimated or mark-up) the% Listed is a Net Cost Group Annual Gross (See Special Discount of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 7A Parts $10000 % N/A Balance of Line(All other parts& 7B equipment $5000 N/A • . . • . . • - N/A Group 8(Evapco) % (discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount of Gross_Cost% (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up) 8A Parts $7500 % N/A 8B Equipment-Cooling Towers $10000 % N/A 8C Balance of Line(All other arts) $2500 % N/A • • • i ° : • • - e° : N/A ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30113 Group 9 (Friedrich) % (discount State Whether Estimated or mark-up) the% Listed is a Net Cost Group Annual Gross (See Special Discount of (Gross_Cost% Item Description Costs Condition 3.23 Mark-up Discount or Mark-up) 9A Parts $3000 % N/A 9B Equipment Roof-Top Units $5000 % N/A 9C Equipment Split Systems $5000 % N/A 9D Balance of Line(All other parts) $2000 % N/A Total G. pm Group 10(Florida Heat Pump Equipment) % (discount State Whether Estimated or mark-up) the% Listed is a Net Cost Group Annual Gross (See Special Discount of (Gross_Cost Rio Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 10A Parts $2500 % N/A 10B Equipment Roof-Top Units $7500 % N/A 10C Equipment Split Systems $5000 % N/A 10D Water cooled equipment $4000 % N/A 10E Balance of Line All other pa rts $1000 % N/A Total Group 52.10—,:Parts&'Equipmerit,,-(items-,10A-10E).'I N/A Group 11 (Goodman) % (discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount Di of (Gross_Cost% (See Special Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 11A Parts $3500 % N/A 11B Equipment Roof-Top Units $5500 % N/A 11C Equipment Split Systems $5000 % N/A 11D Balance of Line(All other parts) $1000 % N/A • s e , e - - ! N/A • ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 12(Janitrol) % (discount State Whether Estimated the% Listed is a Net Cost (See Speccial ial Group Annual Gross or mark Discount of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 12A Parts $3500 % N/A 12B Equipment Roof-Top Units $5500 % N/A 12C Equipment S lit Systems $5000 % N/A 12D Balance of Line(All other parts) $1000 % N/A • _ • • • • - - N/A Group 13(Johnstone Supply) % (discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount scoun o (Gross—Cost% (See Special ( Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 13A Parts $3000 % N/A 13B Equipment Roof-Top Units $10000 % N/A 13C E quipment Split Systems $6000 % _ N/A � 13D Balance of Line(All other part s) $1000 % �' A Group 14(Lenox) % (discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount of Gross_Cost% (See Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up 14A Parts $3500 % N/A 14B Equipment Roof-Top Units $5500 % N/A 14C Equipment S lit Systems $5000 % N/A 14D Balance of Line All other arts $1000 % N/A 14DYi- N/A Total Group 572.14 Parts&Equipment(Itern�s:14A. ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 15(Mitsubishi) % (discount State Whether Estimated the% Listed is a Net Cost (See Speccial ial Discount Group Annual Gross or mark t of (Gross—Cost% Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 15A Parts $3500 % N/A 15B Equipment Roof-To Units $5500 % N/A 15C Equipment S lit Systems $5000 % N/A 15D Balance of Line (All other parts) $1000 % N/A Total Group 5.2,15. Group 16(Rheem Equipment) % (discount State Whether Estimated the% Listed is a Net Cost Group nnual Gross or mark-up) Discount of Gross_Cost% p (See Special ( Item Description Costs Condition 3.23) Mark-up Discount or Mark-up) 16A Parts $7500 % N/A 16B Equipment,Roof-Top Units _ $10000 % - N/A 16C Equipment Spiit Systems $10000 % N/A 16D Balance of Line All other arts $2500 % N/A Tot f',Gr0LJp,5-2, 16 Parts.&Equilprnent(items 16A. Group 17(Trane Equipment) . % (discount State Whether Estimated the% Listed is a Net Cost Group Annual Gross or mark-up) Discount of Gross_Cost% (wee Special ( Item Description Costs Condition 3.23 Mark-up Discount or Mark-up) 17A Parts $5000 % N/A 17B Equipment Roof-To Units $7500 % N/A 17C Equipment S lit Systems $7500 % N/A 17D Chillers $7500 % N/A 17E Balance of Line All other arts $2500 % N/A - Total Group : • • - - N/A • ROTH SOUTHEAST f • ITB No.2014-066-SW HVAC Repair Services and Parts Section 5—Bid Price Form Rev.12/30/13 Group 18(York Equipment) (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group nnual Gross Special p a Discount of (Gross Cost% Condition — Item Description Costs 3.23) Mark-up Discount or Mark-up) 18A Parts $5000 % N/A 18B Equipment Roof-To Units $10000 % N/A 18C Equipment S lit Systems $7500 % N/A 18D Chillers $5000 % N/A 18E Balance of Line All other arts $2500 % N/A Total Group"5218—Parts' &Equipment(Item S'18A 1&E-) N/A Group 19(Ice O Matic) Ice Machine % (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group Annual Gross Special a Discount of (Gross Cost% Condition Item Description Costs 3.23) Mark-up Discount or Mark-up) 19A Parts $10000 % N/A 19B Equipment Ice machines $17500 % N/A 19C Balance of Line(All other parts) $2500 % N/A -Total Group 5.2.19—Parts&F.,-quipment(ltern,,s 19C Group 20(Delta -Controls) (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group Annual Gross Special Condition a Discount of (Gross—Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 20A Parts $7500 % N/A Balance of Line(All other parts& 20B equipment) $12500 N/A • ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 5-Bid Price Form Rev.12130113 Group 21 (Direct Digital-Controls) (discount or mark- up) State Whether Estimated (See the% Listed is Net Cost Group Annual Gross Special Condition a Discount of (Gross_Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 21A Parts $7500 % N/A Balance of Line (All other parts & % N/A 21 B equipment) $12500 Total Group 5.2.21 Parts&E0uipme'nt(!te *21A4 I B) Group 22(Explorer-Controls) (discount or mark- State Whether Estimated (see Special the% Listed is Net Cost Group Annual Gross Condition a Discount of (Gross—Cost% Item Description Costs 3.23) Mark-up Discount or Mark-up) 22A Parts $20000 30 % Mar] -up $26,000.00 Balance of Line(All other parts& 30 % $13,000.00 226 j equipment) $10000 Mark-up • • ® , • _ _ $39,000.00 Group 23(Johnson Controls) (discount or mark- State Whether Estimated up) the% Listed is Net Cost Group Annual Gross (See Special Condition Discount of (Gross Cost% Condition — Item Description Costs 3.23) Mark-up Discount or Mark-up) 23A Parts $6000 % N/A 23B I Equipment Roof-Top Units $12500 % N/A 23C Equipment Split Systems $10000 % N/A 23D Balance of Line All other @art s $1500 % N/A • • • • • - - i N/A Bidder's Affirmation Company: MRSE, LLC (DBA: ROTH SOUTHEAST) Authorized Representative: DIANE FOX Address: 2260 SW 66th TERRACE, DAV I E, FL 33317 Telephone: (9 5 4) 423-6640 Email: DTFOX @ROTHSOUTHEA . pM Authorized Representative's Signature: - • ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 6-Bid Certification& Affidavits SECTION 600 BID CERTIFICATION &AFFIDAVITS o e • o • • • •, o -• • o-.o -'e9tablished,for the receipt,of o • o• -e e • e e• o e- • -o 6.1,General Proposer Information. FIRM NAME: MRSE, LLC (DBA ROTH SOUTHEAST) NO OF YEARS IN BUSINESS: 3 NO OF YEARS IN BUSINESS LOCALLY: 3 NO.OF EMPLOYEES: 27 ® OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: Thermal Concepts, Inc. (Controls De artment)and Roth Bros South Florida Dranch FIRM PRIMARY ADDRESS(HEADQUARTERS): 2260 SW 66th Terrace CITY: Davie STATE: Florida Zip: 33317 TELEPHONE NO.: (954) 423-6640 TOLL FREE NO.: None FAX NO.: (954) 423-6684 FIRM LOCAL ADDRESS: '2260 SW 66th Terrace CITY. Davie STATE: Florida Zip: 33317 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Diane Fox ACCOUNT REP TELEPHONE NO.: (954) 423-6640 ext. 248 or Cell: (954) 520-2318 ACCOUNT REP TOLL FREE NO.: None ACCOUNT REP EMAIL: DTFOX @RothSoutheast.coni ® FEDERAL TAX IDENTIFICATION NO.: 27-4539467 The City reserves the right to seek additional information from bidder I proposer or other source(s),including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the bidder/ proposer to perform in accordance with contract requirements. Qt M A .% B E C P 26 ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 6—Bid Certification& Affidavits 6.2. Acknowledgement of Addendum. After issuance of solicitation, the City may have released one or more addenda to the solicitation, which may provide additional information to proposers or alter solicitation requirements. Proposers are solely responsible for assuring they have received any and all addenda issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Initial to Initial to Confirm Confirm Confirm Receipt-, Receipt Receipt ' Addendum 1 Addendum 6 Addendum 11 • Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. 6.3.. Miami Beach Based(Local)Vendor. Is proposer a Miami Beach based firm? YES NO r SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach AND proof of business residency with the City for at least one year prior to bid submittal,as required pursuant to ordinance 2011-3747. 6.4. Veteran Owned Business. Is proposer a veteran owned business? 0 YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011- 3748. 6.5. Financial Capacity. Proposers shall request Dun &Bradstreet to submit directly to the City through electronic means by the proposal due date, or within three(3)days of notification, a Dun&Bradstreet Supplier Evaluation ® Report on line directly from Dun&Bradstreet.The prospective Provider shall request the report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servIeVSupplierPortal?storeld=11696 The City reserves the right to require other financial information (e.g., audited financial statements, bonding capacity, credit history, etc.), as part of the solicitation submittal requirements or during the evaluation process, as necessary to evaluate financial capacity. i;,",f',M'BEACH 27 ® ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 6—Bid Certification& Affidavits 6.6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three(3) references, including the following information: 1) Firm Name, 2) Contact Individual Name &Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Proposer may attach additional references and ask that additional references submit client surveys as applicable. 6.7. Public Entity Crimes. In accordance with Florida Statutes, any bidder or bidder's principals, including officers, directors, executives, partners, shareholders, employees, members, agent or as otherwise defined in Florida Statute 287.133, including joint venture partners,who have been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 Florida Statute 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? 0 YES 0 NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to the violation(s)or contract cancellation(s). 6.6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in ITB. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City commissioner for the City of Miami Beach. 6.9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code") and submit that Code to the Department of Procurement Management (DPM) with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. " BEACH "' r tlf l((�t Vis 28 ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 6—Bid Certification& Affidavits 6.10. Living Wage.Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits,and$12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent(3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 6.11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? 0 YES 0 NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees? 0 YES 0 NO C. Please check all benefits that apply to your answers above and list in the"other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees Firm Provides for Employees Firm does not Provide Benefit with Spouses with Domestic Partners Health Yes Yes N/A Sick Leave Yes Yes Family Medical Leave Yes Yes N/A Bereavement Leave Yes Yes N/A ' /11A A'W BEACH 29 ® ROTH SOUTHEAST U ITB No.2014-066-SW HVAC Repair Services and Parts Section 6—Bid Certification& Affidavits If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. **SUBMITTAL REQUIREMENT: YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation,your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist,attach an explanation. 6.12. Other Submittal Requirements. ** See attachment, Roth Southeast Employee Handbook ''v`d A';L BEACH 30 ROTH SOUTHEAST ITB No.2014-066-SW HVAC Repair Services and Parts Section 6—Bid Certification& Affidavits SUBMITTAL CERTIFICATION re y certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's. al; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, e of this ITB, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and sclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and ons contained in the ITB, and any released Addenda and understand that the following are requirements of this ITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, sed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any roposal; proposer acknowledges that all information contained herein is part of the public domain as defined by te of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, ve of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Diane Fox Account Executive ASa.ture o roposer's Authoriz d Representative: Date: 01/07/2014 State of Florida County oi- Broward This instrument was signed before me on January 7, 2014 by Diane Fox Print am f Signer(s) I y l Notary Signature Notary Printed Name Notary Public for the State of Florida Affix seal/stamp as close to My Commission expires: signature as possible. ROBIN L.KUSHNER 'Notary Public-State of Florida •; ;• My Comm.Expires Jul 6,2016 Commission #EE 199597 Bonded Through National Notary Assn. T, 7,; , }•r I v�i;\�V� BEACH 31 ® ROTH SOUTHEAST r S O U T H E A S T Bid Number: 2014-066-SW Bid Title: HVAC Equipment, Installation, Parts, and Services Bidders Name: MSRE, LLC d/b/s Roth Southeast • Bidders Return Address: 2260 S.W. 66th Terrace Davie, Florida 33317 DUPLICATE • o STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .� CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 MAURER, MURRAY JESSE ROTH SOUTHEAST 2260 SW 66TH TERRACE DAVIE FL 33317 { _STATE OF.FLORIDA' AC#:- 6 L 6 5 L L 6 Congratulations! With this license you become one of the nearly one million DEPARTMENT`;-0F BUSINESS. AND.' Floridians licensed by the Department of Business and Professional Regulation. - ` ,.�„ PROFESSIONA_Ir-REGULATION r Our professionals and businesses range from architects to yacht brokers,from , boxers to barbeque restaurants,and they keep Florida's economy strong. CMC1250259_-.r '. ,.06%1812. 110361501 Every day we work to improve the way we do business in order to serve you better.! = For information about our services,please log onto www.myfloridalicense.com. CERTI-FIED;.-MECHAl\TI:CAh CONTRACTOR, There you can find more information about our divisions and the regulations that { MAURER ; MURRAY .JESSE impact yc,-,-. subscribe to department newsletters and learn more about the BOTH SOL THEAST Department's initiatives. i Our mission at the Department is: License Efficiently,Regulate Fairly.We i constantly strive to serve you better so that you can serve your customers. Thank ycu for doing business in Florida,and congratulations on your new license! j 18 CERTIFIED.,under the provisions.of Ch.489 Fs Exp 'ratioa datei AIIG '2014 L'1206180.0262 DETACH HERE 4t fiAs A COLORED BACKGROUND MICROPRINT- I INEMARK74 PATENTED PAPER -THIS Docu ME AC#; 6 16 5 1-6 STATE OF FLORIDA: .7 l } - 'DEPARTMENT 'OF- BUSINESS: AND PROFESSIONAL REGULATION ► - CONSTRUCT.ION. INDUSTRY :LICENSING BOARD SEQ#L12061800262 t ■ - LICENSE NBR - .5 -1 06` 18j� 2012::1.1 0361.501 CMC125a259ty:pn...._ ,.The-',MECHANICAL CONTRACTOR Named below- 'I S. CERTIFIED = _ - 1 'Linder the'.-p-rovisions of Chapter: :489 FS Expiration date: AUG 31,. 2014 MURRAY.. JESSE MAURER, .. - . . - 'ROTH SOUTHEAST: 2201 COLLEGE:'AVENUE DAVIE FL 33-317 RICK SCOTT=-' _ - KEN LAWSON SECRETARY I DISPLAY AS REQUIRED BY LAW 2260 SW 66th Terrace nOTH Davie, FL 33317 " z3 Office: (954)423-6640 Fax: (954)423-6684 www.rothsoutheast.com Intelligent Solutions for Efficicnt Buildings TM References Miami Beach Convention Center 1901 Convention Center Drive Miami Beach, FL 33139 ® Contact: Angelo Grande Email: agrande themiamibeachcc.com Phone: (786)402-8044 Fax: (786) 276-4344 Scope: Parts and Labor BMS Maintenance Contract Florida Atlantic University 777 Glades Road Boca Raton, FL 33431 Contact:Jeff Modlin Email: JMODLIN(a�fau.edu Phone: (561) 297.2039 Fax: (561)297-1012 Scope: Inspection and Labor BMS Maintenance Contract at the Boca, Davie, Ft. Pierce, Jupiter and Diana Beach Campuses Amersco (Multiple Properties with the City of Miami Beach) 5200 77 Center Drive, Suite 300 Charlotte, NC 28217 Contact: Greg Gervasi ® Email: ggervasi(cD-ameresco.com Phone: (704)916-3518 Fax: (704) 916-3618 Scope: Inspection BMS Maintenance Contract at 14 City of Miami Beach Sites: Flamingo Park—BMS Server, City Hall, Fire Station 1, Fire Station 2, Fire Station 3, Fire Station 4, North Shore Youth Center, Old City Hall, Police Athletic League, Police Department, Scott Rakow Youth Center, South Shore Youth Center, 555 Building, and 777 Building ® BUILDING AUTOMATION ® ENERGY MANAGEMENT • SECURITY • LIGHTING Johnson J Controls October 22"d, 2013 Via Electronic Delivery RE: JOHNSON CONTROLS FACILITY EXPLORER®AND AUTHORIZED BUILDING CONTROLS SPECIALIST(ABCS) CHANNEL The purpose of this letter is to advise you that Johnson Controls only authorizes sales of its ® Facility Explorer® branded products or services through its Authorized Building Controls Specialist ("ABCS") distribution channels. Engineered Control Systems Incorporated ("ECSI") is currently an ABCS of good standing within South and Central Florida geographies. ECSI is authorized to sell, install, or service the Facility Explorer® product suite anywhere in the counties within Central and South Florida listed in their signed 2014 ABCS contract with Johnson Controls ("JCI"). There are no other authorized ABCS'.in the geographies currently served by ECSI via the signed 2014 ABCS contract. Should you have any questions regarding this letter, please do not hesitate to contact me at 561.702.6119. Sincerely, JOHNSON CONTROLS, INC. Daniel Flaherty Regional Product Distribution Manager-Southeast cc: Steven A. Stanitzke, Regional VP&GM, Southeast Region—Systems Chris Eichmann, Director, North America Systems Product Sales • Engineered r Control Systems October 17, 2013 Mr. Neil Caporale, Operations Manager Roth Southeast 2260 SW 66th Terrace Davie, FL 33317 ® Re: Johnson Controls N2 Level METASYSO Products Dear Mr. Caporale, The purpose of this letter is to advise you that Engineered Control Systems ("ECSI") is recognized by Johnson Controls ("JCI") as an Authorized Building Controls Specialist ("ABCS") serving the South, Central and West Florida geographies. As an ABCS, ECSI is authorized to sell numerous JCI product families, including the N2 Level METASYSO Products. These Digital Control Products include the following: ® AS-, AP-, and FA- Series Application Specific Controllers & Accessories • WS-, MM-, and FA-Series Software Products for M3 Level Workstations • AS-MIG Integrator Products • EN- and ENC- Series Metasys Enclosures; Metasys Accessories O DX-9100 Controllers As a customer of ECSI, Roth Southeast has access to these Johnson Controls N2 Level METASYSO Products. Should you or your customer have any questions regarding this letter, please do not hesitate to contact me at (305) 986-8855. Sincerely, Engineered Control Systems, Inc. f04 el ;14U&f4 John C. Pittaluga President 5627 NW 74`h Avenue Miami,FL 33166 Telephone (305)885-8804 Facsimile(888)852-3530 ® Page 1 of 1 • Engineered Control Systems, Inc. 4805 N.W.79th Avenue,Suite 11 Miami,Florida 33166 Telephone(305)418-8901 Facsimile(305)418-8902 October 23, 2007 Mrs. Diane Fox Thermal Concepts, Inc. 2201 College Avenue Davie, FL 33317 • Re: Authorized System Installer Dear Diane, This letter is to verify that Thermal Concerts, Inc. employees have completed the required Johnson Controls Institute training for the Facility Explorer product line. The certificates issued by the Johnson Controls Institute to Thermal Concepts, Inc: employees, further verify the successful completion of these training courses. Furthermore, Engineered Control Systems, Inc. is recognized as a Johnson Controls Authorized Building Controls Specialists Distributor. Attached please find a copy of our ABCS Certification. As an ABCS Distributor, we are responsible for providing local training, technical support and inventory to mechanical contractors who are committed to self-performing the sales and service of their temperature control's and building automation projects. Thermal Concepts, Inc. has successfully completed all of the required training and complied with all of the requirements to earn the distinction of being recognized as an Authorized System Installer for Engineered Control Systems, Inc. ® Sincerely, Engineered Controls Systems, Inc. John C. Pittaluga President Florida Blue s 3230 West Commercial Blvd Suite 400 g Oakland Park, FL 33309 George Prieto Tel 954-714-3665 Mid Market Account Executive-Renewals Fax 954-714-4148 Group Sales george.prieto(cDfloridablue.com December 20,2013 Debbie King Anniversary Date: 08/01/2014 Thermal Concepts Inc Group Number: 90153 2201 College Avenue Davie,FL 33317 Dear Ms.King, Thank you for being part of the more than four million Florida residents covered by Florida Blue.We look forward to continuing to provide your business with health coverage. This will serve as confirmation that Thermal Concepts Inc has the following Domestic Partner Coverage: • 12 month Prior Relationship o Same and Opposite Sex • Dependents of the Domestic Partner are Covered TharLk yo u.for choosing Florida Blue. I look forward to working with you in the future and continuing our business relationship. Sincerely, wwa ;w J" George Prieto Account Executive Cc:Maureen Pentland,EBS Advisors -0 T .H; Ei i iployee Handbuok 1 i ® Revised 10/1/2012 1 TABLE OF CONTENTS Section1 Introduction •..............................................................eo.e 4 Aboutthis Handbook....................................................................................4 Equal Employment Opportunity Policy.......................................................5 Employment-At-Will....................................................................................5 Non-Discrimination and Anti-Harassment Policy.......................................5 Definitions of Harassment........................................................ 6 .................................... Retaliationis Prohibited............................................................................................... 7 ComplaintProcedure.................................................................................... TheInvestigation.......................................................................................................... 7 ResponsiveAction........................................................................................................ 8 Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADAAA).....................................................................................................8 .Drug Free Work Place......................... Prohibitions.................................................................................................................. 8 Disciplinary,Actions................... Section.-2. Employment................................................................... 9 Initial Employment Period .................... ....9 .................................................... Employment Categories .................... ........................................................ 1.0 PersonnelRecords...................................................................................... 10 Background and Reference Checks............................................................ 11 .Section 3 Compensation & Benefits........................................... 11 Compensation......................................................................................:...... 11 PayCycle.................................................................................................................... 11 TimeReporting .......................................................................................................... 11 Meal/Rest Pcriods ....................................................................................................... 12 Performance and Salary Review ..........................:....................................... 12 Benefits........................................................................................................ 13 Disclaimer.................................................................................................................. 13 BenefitEligibility....................................................................................................... 13 PTO/Vacation........................................................................................................... 13 Holidays ..................................................................................................................... 14 JuryDuty.................................................................................................................... 14 Voting......................................................................................................................... 14 Medical & Dental Insurance ...................................................................................... 14 GroupLife Insurance ................................................................................................. 15 SupplementalInsurance............................................................................................. 15 COBRA...................................................................................................................... 15 401(k) Plan................................................................................................................. 15 Family and Medical Leave of Absence (FMLA)....................................................... 15 Revised 10/1/2012 2 Leave of Absence Without Pay.................................................................................. 21 Bereavement Leave.................................................................................................... 21 WorkersCompensation.............................................................................................. 21 Section 4 Employee Responsibilities .......................................... 22 Appearance.................................................................................................22 DressCode...........:.....................................................................................................22 Confidentiality............................................................................................23 Conduct....................................................................................................... PersonalConduct........................................................................................................23 Misconduct................................................................................................................. 24 ProgressiveDiscipline................................................................................24 Groundsfor Dismissal...........................................................................: Attendance..................................................................................................26 ComputerUsage.........................................................................................27 Electronic Communication and Internet Use.............................................27 Social Media—Acceptable Use..................................................................28 CellPhone Use................................................................................::........................... 28 Useof Company Property.................................................... ....... ..............28 Equipment...................................................................................................................28 Vehicles ..................................................................................... 29 Fleet -9....................................29 g........................................................................... CompanyCredit Cards......................................................................:.........................29 Smoking Policy.................................. ........................................................................29 Safety..........................................................................................................29 Parking........................................................................................................33 Separation of Employment.......................................... ...............................33 Voluntary Termination................ Involuntary Termination .......... 34 ..............................................................................:... Return of Company Property................................................:.................................... 34 Rehire....................... ..... 34 ExitInterview....................................................................................... .... 35 ® Revised 10/1/2012 3 Section 1 Introduction Roth Southeast is a great place to work a place where the challenges are many and the rewards abundant. You are now part of a quality-driven team that provides outstanding services to our customers. We believe that each employee contributes directly to our growth and success, and we hope you will take pride in being a member of our team. Our goal is to always Exceed Customer Expectations. We will achieve this through professional growth, continuous improvement of our procedures and technology, and skillful planning for our future. We are partners as we work toward our goal of growth and continuous improvement. This handbook was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. Employees should familiarize themselves with the contents of the employee handbook as soon as possible, for it will answer many questions about employment with us. If you have any questions not covered in this booklet,'contact:your supervisor or the Human Resources Department. We hope that your experience'h�ere v,>ill be challenging,enjoyable and rewarding. Again, welcoi.le! Sincerely, Larry Maurer Jesse Maurer President Vice President About this Handbook Revised 10/1/2012 4 First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible a pp lications of, or exceptions to, the general policies described. For that reason, if you have any questions concerning eligibility of a certain benefit, or the applicability of a policy or practice to you, you should address your specific questions to your Supervisor or the Human Resources Department. Neither this handbook nor any other Company document confers any contractual right, either expressed or implied. Your employment is not for any specific duration and may be terminated at will, with or without cause or prior notice from the Company. Second the procedures, practices, policies, and benefits described here may be modified or discontinued at any time. ® Finally, this handbook and the information in it should be treated as confidential. No portion of this handbook should be disclosed to others, except Thermal Concepts, Inc. employees and other affiliates of Thermal Concepts whose knowledge of the information is required in the normal course of business. Equal Employment Opportunity Policy This Company is built upon teamwork, equal opportunity and is committed to developing and implpmenting a program of nondiscrimination. The company subscribes to the - : principles of an equal opportunity employer and should recruit, interview,hire, classify, z. train, promote, demote, discipline, transfer, terminate, and set rates o: pay or other compensation on the basis of merit and qualifications wiulout regard to race religion, creed, color, national origin, physical disability, sex, or age. The Company also subscribes to an equal employment practice for the mentally or physically handicapped as long as the handicap does not prevent or hinder continual satisfactory work performance, or unless a stated bona fide occupational qualification exists. Any violations of the company"Equal Employment Opportunity Policy"by an employee must be reported immediately to management. Furthermore,management and ® supervisory personnel should be responsible for maintaining a work environment that is free of racial, sexual, or any other form of harassment. Err p l o yrr►e n t-A t-V Vi ll This Company is an "At-Will" employer and the Company has the right to terminate employment at any time, with or without notice and with or without cause. All employment and compensation with the Company is "At-Will". Neither the company nor any of its managers can guarantee a specific duration of employment. Non-Discrimination and Anti-Harassment Policy The Company is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional ® Revised 10/1/2012 5 atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the Company expects that all relationships among persons in the workplace will be business-like and free of bias, prejudice, and harassment. The Company prohibits and will not tolerate any such discrimination or harassment. Definitions of Harassment Sexual harassment is a form of discrimination and is illegal under federal, state, and local laws. For the purpose of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example: ➢ The suggestion of such conduct is either obvious or complete term or condition of an individual's employment; ➢ The suggestion to reject such conduct is used against an employee for employment decisions; or ➢ Such conduct has the purpose of effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive work environment. ' Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include,but are not Iiiaited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendos; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering catcalls, or touching; insulting or obscene comments or . gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal, or visual conduct of a sexual nature. Harassment-on the basis of any other protected characteristic is also-strictly prohibited.`'-:., Under this policy, harassment is verbal or-physical conduct that degrades or shows hostility or dislike towards an individual because of his or her race, color, religion, sex, age, national origin, disability, or any other characteristic protected by law, and that: ➢ Has the purpose or effect of creating an intimidating,hostile or offensive work environment; ➢ Has the purpose or effect of unreasonably interfering with an individual's work performance; or ➢ Otherwise adversely affects an individual's employment opportunities. Harassing conduct includes,but is not limited to: nicknames,slurs or negative stereotyping; threatening, intimidating or hostile acts; demeaning jokes and display or Revised 10/1/2012 6 circulation in the workplace of written or graphic materials that puts down or shows hostility or hatred towards an individual or group (including through e-mail). These policies apply to all applicants and employees, and prohibit harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor, manager, or someone not directly connected to the Company(e.g., an outside vender, or customer). Conduct prohibited by these policies is unacceptable in the workplace and in any work- related settings outside the workplace, such as during business trips,business meetings and business—related social events. Violation of this policy will subject an employee to disciplinary action, up to and ® including immediate termination. Retaliation is Prohibited The Company prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination of a claim of harassment or discrimination is a serious violation of this policy and, like harassment is a serious violation,,of this policy and-llke harassment or discrimination itself, will be subject to disciplinary action. Complaint Procedure q The Company strongly urges the prompt reporting of all incidents of discrimination; harassment, or retaliation, regardless of the offender's identity or position. Individuals who believe they have experienced conduct that they believe is contrary to the Company. policy or who have concerns about such matters must file their complaints in writing with their immediate supervisor and the Human Resources Department. Individuals should not feel obligated to file their complaint with their immediate supervisor, if the supervisor is the person the employee is filing a complaint against. ® Your notification of the problem is essential to us. We cannot help resolve a problem unless we know about it. Therefore, it is your responsibility to bring those kinds of problems to our attention, so that we can take the necessary step to correct the problem. The Investigation Any reported claim of harassment, discrimination, or retaliation will be investigated promptly. The investigation may include interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigation to the extent consistent with adequate investigation and appropriate corrective action. 40 Revised 10/1/2012 7 Responsive Action Misconduct involving harassment, discrimination, or retaliation will be dealt with appropriately. Responsive action may include, for example, training, referral to counseling and/or disciplinary action such as a warning, suspension, or termination as the Company believes appropriate under the circumstances. Americans With Disabilities Act (ADA) and the ADA Amendments Act (ADAAA) The Americans with Disabilities Act(ADA) and the Americans with Disabilities Amendments Act, known as the ADAAA, are federal laws that prohibit employers with 15 or more employees from discriminating against applicants and individuals with disabilities and that when needed provide reasonable accommodations to applicants and • employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of Thermal Concepts, Inc. to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with . regulations-and.guidance issued-by the Equal Employment Opportunity Commission. .(EEOC). Furthermore, it is.our company policy not to,discriminate against"qualified individuals with disabilities in regard to application procedures,hiring, advancement, discharge;-compensation, training or other teens, conditions and privileges of employment. The company will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation and/or if the accommodation creates an undue hardship to Thermal Concepts,-Inc. Contact the Human Resource department with any questions or requests for accommodation. Drug Free Work Place In a commitment to safeguard the health of our employees and to provide a safe working environment, we have established a Drug-Free Workplace Policy for our company. The contents of these drug and alcohol guidelines are presented as statements of the company's current policy and may be changed and updated by the company as required. These guidelines are not intended to create a contract between the company and any employee. Nothing in these guidelines binds the company to a specific or definite period of employment or to any specific policies,procedures, actions, rules, terms or conditions of,:employment. Prohibitions The Company prohibits the sale, possession, use, manufacturing or distribution of Revised 10/1/2012 8 drugs, drug paraphernalia or alcohol while working for or on company assigned or owned property, or while operating any vehicle, machinery, or equipment owned or leased by the company. ➢ It is a violation of this policy to report to work if drugs or alcohol is found to be present in your system at or above the level prescribed by application drug testing rules. ➢ As a condition of employment, employees are required to notify their manager or supervisor in writing of any criminal drug statute conviction they receive. This notification must be received by the manager or supervisory within three (3) days of conviction. Testing for drugs and alcohol will be administered under the following conditions: ➢ Pre-Employment Job Applicant Screening: All job applicants will be screened for the presence of illegal drugs after a conditional offer of employment has been extended. ➢ Reasonable Suspicion Testing: Employees may be tested when'there is reasonable suspicion' that the employee is using or has used di.g while performing their assigned duties. 7 ➢ Routine Fitness-For-Duty Testing: Employees may be required as a condition of continued employment to be drug tested if the test is conducted as part of a routine or annual fitness-for-duty medical examination. ➢ Post Accident/Injury Testing: Any employees who cause or contribute to an accident may be required to submit to a drug test. Employees while at work, who sustain injuries requiring medical treatment beyond first-aid will be drug tested. Disciplinary Actions ® A violation of the Company's Drug-Free Workplace Policy may result in disciplinary action, up to and including termination of employment, at the Company's sole discretion. Section 2 Employment Initial Employment Period Your first ninety 90 calendar days of employment are considered an Introductory Period. This Introductory Period will be a time to get to know your fellow employees, your supervisor and the tasks involved in your job position, as well as becoming familiar with the Company's services. Your supervisor will work closely with you to help you understand the needs and processes of your job. ® Revised 10/1/2012 9 This Introductory Period is a try-out time for the Company, as an employer. During this Introductory Period, we will evaluate your suitability for employment. If, during this period, your work habits, attitude, attendance or performance does not measure up to our standards, we may release you. If you take approved time off in excess of five workdays during the Introductory Period, the Introductory Period may be extended by that length of time. Please understand that completion of the Introductory Period does not guarantee continued employment for any specified period of time, nor does it require that an employee be discharged only for "cause." Employment Categories Based on the conditions of employment, employees of the Company fall into the following categories: ➢ Full-Time: An employee regularly scheduled to work 40 hours per week. ➢ Part-Time: An employee regularly scheduled for less than 40 hours per week, and normally this would be 30 hours or less: ➢ Temporary: An employee retained for a short period of time,-often to fill in for another staff member or to help with a large,time sensitive.project. A temporary employee/part-time employee will not be included in any of the fringe benefit plans due to the limited length of expected time of employment. Personnel Records Employee files are maintained by the Human Resource_department and are considered confidential. Managers and supervisors may only have access to personnel file information on a need-to-know basis. A manager or supervisor considering the hire of a former employee or transfer of a current employee may be granted access to the file, or limited parts of it, in accordance with antidiscrimination laws. Employees should promptly notify the Human Resources Department of any changes in personnel data. It is extremely important that you keep us informed with up-to-date records to help us reach you in the following situations: an emergency, forwarding your mail, W-2 mailing,maintaining your insurance and other benefits, and computing accurate payroll and tax deductions. It is the responsibility of every employee to notify the Human Resources Department of any changes in: ➢ Name and or marital status; ➢ Address and/ or telephone number; Revised 10/1/2012 10 • ➢ Number of eligible dependents; ➢ W-4 deductions; and ➢ Person to contact in case of emergency. Background and Reference Checks To ensure that individuals who join Thermal Concepts, Inc. are well qualified and to ensure that Thermal Concepts, Inc. maintains a safe and productive work environment, it is our policy to conduct pre-employment background checks on all applicants who accept an offer of employment. Background checks may include verification of any information on the applicant's resume or application form. All offers of employment are conditioned on receipt of a background check report that is acceptable to Thermal Concepts, Inc. All background checks are conducted in conformity with the Federal Fair Credit Reporting Act, the Americans with Disabilities Act, and state and federal privacy and antidiscrimination laws. Reports are kept confidential and are only viewed by individuals involved in the hiring process. If information obtained in a background check would lead Thermal Concepts;Inc. to deny employment, a copy of the report will be provided to the-applicant, and the applicant swill have the opportunity to dispute the report's accuracy. Background checks may incl...,.., e a criminal record check, although a criminal conviction does not automatically bar an applicant from employment. Additional checks such as a driving record or credit report may be made on applicants for Li particular job categories if appropriate and job related. Section 3 Compensation & Benefits Compensation Pay Cycle ® Paydays are weekly Fridays. The pay week runs from Monday- Sunday. Employees at their option may be paid by check or through a direct deposit of funds to either a checking or savings account to the bank of their choice (providing the bank has direct deposit capability). To activate direct deposit, obtain a direct deposit form from the Human Resource Department, complete the form, attach a voided check and return to the Human Resource Department. Time Reporting A work hour is any hour of the day that is worked and should be recorded to the nearest tenth of an hour. The workday is defined as the 24-hour period starting at 12:00 a.m. and Revised 10/1/2012 1.1 ending at 11:59 p.m. The workweek covers seven consecutive days beginning on Monday and ending on Sunday. The usual workweek period is 40 hours. Overtime is defined as hours worked by an hourly or nonexempt employee in excess of 40 hours in a workweek and should be recorded to the nearest tenth of an hour. Overtime must be approved in advance by the manager to whom the employee reports. As mandated under the Fair Labor Standards Act, hourly employees are paid at their regular hourly rate the first 40 hours in a scheduled workweek and all additional hours are paid at a rate of 1 1/2 times the employee's hourly rate. Employees will submit their time record weekly as directed by their manager. Each employee is to maintain an accurate daily record of his or her hours worked. All absences from work schedules should be appropriately recorded. Meal/Rest Periods Mandatory Meal Period Employee meal periods are important to company productivity land employee health. Employees who work at least 8 hours will be provided a meal break not to exceed 50 minutes depending on the position. The meal period will ncot be included in the total hours of work per day and is not compensable. Nonexempt employees are to be completely relieved of all job duties while on meal breaks and must clock out for meal periods. Employees are not permitted to work through lunch. Performance and Salary Review Performance appraisals are conducted on an annual cycle. Employees will receive a performance review on the established date each year. The performance appraisal will be discussed,.and both the employee and manager will sign the form to ensure that all strengths, areas for improvement and job goals for the next review period have been clearly communicated. Perfonmance evaluation forms will be retained in the employee's personnel file. Merit increases are based on company performance and financials and are not guaranteed. A performance review does not always result in an automatic salary increase. The employee's overall performance and salary level relative to his/her position responsibilities are evaluated to determine if a salary increase would be warranted. Revised 10/1/2012 12 • Benefits Disclaimer The Company has established a variety of employee benefit programs designed to assist you and your eligible dependents. This portion of the Employee Handbook contains general descriptions of the benefits, which you may be entitled to. Please understand that this general explanation is not intended to, and does not, provide you with all the details of these benefits. Please contact the Human Resources Department for complete details. Please note that nothing contained in the benefit plans described herein shall be held construed to create a promise of employment or future benefits, or a binding contract between the Company and its employees, retirees, or their dependents, for benefits or any ® other purpose. All employees shall remain subject to discharge or discipline to the same extent as if these plans had not been put into effect. The Company reserves the right, in its sole and absolute discretion, to amend, modify, or terminate, in whole or in part, any or all of the provisions of the benefit plans described herein, including any health benefits that may be extended to retirees and their dependents. Benefit:Eligibility Benef ts,<�are available to full-time employees. Employees must successfidly complete the 90 day probationary period to be eligible for any of the employment benefits provided by the employer. The first day of employment will be used for calculating benefits, upon the r successful completion of the probationary period. PTO / Vacation PTO /Vacation hours may be used by the employee to cover vacation days, sick days, and personal days. All Scheduled Vacation must be submitted to your Supervisor a minimum of(2) Weeks in advance. Supervisor will review request and if approved will forward to the Human Resources Office for authorization. All Employees entitled to vacation are encouraged to use this benefit as intended. Employees will be able to roll up to two (2)Weeks-(80 Hours) of unused Vacation time into the following year. Any accrued time over the two (2)weeks will be deleted from the employee's accrual. It is at the employee's discretion to request Vacation reasonably throughout the year. Any available balance up to (80) Vacation hours will be paid out after employee separates as long as they are not indebted to the company for any reason and have offered proper notice for resigning. Vacation and P.T.O. accruals will stop during any leave of absence such as FMLA or Workers Comp. Revised 10/1/2012 13 Holidays The Company observes the following holidays. To be eligible you must have completed your appropriate probationary period for your employment classification and be available to work the day before and day after the holiday: ➢ New Year's Day ➢ Memorial Day ➢ Independence Day ➢ Labor Day ➢ Thanksgiving Day ➢ Christmas Day If an employee works 40 hours in a week and receives additional hours for holiday pay, it is not considered time and a half. Jury Duty If proper notice is received a leave of absence will be granted to any employee who has been notified to serve. Upon receipt-of the notice to serve jury duty, the employee must immediately notify his or her supervisor, as well as the Human Resources .Department and provide documentation requiring the leave. During this leave the employee will be compensated for the first two (2) days by payment of an amount equal to the difference between their jury duty pay and their regular salary. The remainder of the leave will be unpaid. An employee on jury duty is to report to work as soon as he or she is excused from jury duty. Voting You are encouraged to vote in local, state, and federal elections. In most instances, you can vote before or after work hours. When hardship makes this impossible, you may be granted unpaid time off with prior approval from your.Supervisor. Medical & Dental Insurance If you are a full-time employee and have successfully completed your 90 day probationary period you will be eligible to participate in our Group Health and Dental Insurance. The eligibility period for medical and dental insurance will be on the first of the month following the 90 day probationary period. The cost varies based on the coverage you select. The employee's contribution to the plan will be payroll deducted on a weekly basis. Please see the Human Resources Department for details. Revised 10/1/2012 14 Group Life Insurance The Company offers full-time employees who have successfully completed their 90 day Probationary period a basic group life policy at no expense to the employee. Supplemental Insurance The Company offers short-term and long-tenn disability benefits. These benefit plans provide partial pay for employees unable to work due to non-work related illness, injury, or disability. The plan is voluntary and at this time the Company does not contribute towards the premiums. Optional Life insurance is offered on a voluntary basis as well. Full-time employees are eligible to participate in the plan after 90 days of employment. ® COBRA _ Federal law requires employers sponsoring group health plans to offer employees a continuation of their health insurance coverage. This program is known as COBRA. Shortly following termination or resignation, a letter is mailed to all employees who were covered by the company health plan informing them of this coverage. The former employee must return the enrollment form and full premium to the Company Cobra Administrator to obtain continuation of coverage under the COBRA Act. If the enrollment forms and premiums are.not returned within the specified timeframe, the coverage-,Js terminated. 401(k)`Plan The Company offers a voluntary pre-tax salary deferral plan to eligible employees to enhance your benefits and assist in providing for your financial security. To be eligible you must have completed 90 days of employment and be 18 years old. Participants may contribute up to the legal limit. The 401(k)plan offers several investment options to meet your planning strategies. Family and Medical Leave of Absence (FMLA) The Family and Medical Leave Act offers eligible employees unpaid leave for family and medical reasons. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. If you have any questions, concerns or disputes with this policy, you must contact [insert name and contact info for appropriate person] in writing. General Provisions Under this policy, Thermal Concepts, Inc. will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid 0 Revised 10/1/2012 15 or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. Eligibility To qualify to take family or medical leave under this policy, the employee must meet the following conditions: • The employee must have worked for the company for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer's intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was.on the payroll for only part of a week or if the employee is on leave during the week. o The employee must have worked at least 1,250 hours'during the 12-month period immediately before the date when the leave is requested to commence. The principles established'under the Fair Labor Star�aards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for an employee under FMLA. • The employee must work in a work site where 50 or more employees are employed by the company within 75 miles of that office or work site. The distance is to be calculated by using available transportation by the most direct route. Type of heave Covered To qualify as'F_MLA leave under this policy, the employee must be taking leave for one of the reasons listed below: • The birth of a child and in order to care for that child. • The placement of a child for adoption or foster care and to care for a newly placed child. • To care for a spouse, child or parent with a serious health condition (described below). o The serious health condition(described below) of the employee. Revised 10/1/2012 16 An employee may take leave because of a serious health condition that snakes the employee unable to perform the functions of the employee's position. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or as a condition that requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition that would result in a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of the incapacity and a second visit within 30 days of the incapacity would be considered a serious ® health.condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year. Employees with questions about what illnesses are covered under this FMLA policy or under the company's sick leave policy are encouraged to consult with the Human Resource manager. Kan employee takes paid sick leave forFa condition.that progresses into a serious health condition and the employee requests unpaid leave as provided under this tiolicy, the company may designate all or some potion of related leave taken as t,r5y r. lea.ve under this policy, to the extent that the earlier leave meets the necessary qualifications. ® Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. An employee whose spouse, son, daughter or parent has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by.the family member's call-up or service. The qualifying exigency must be one of the following: a) short-notice deployment,b) military events and activities, c) child care and school activities, d) financial and legal arrangements, e) counseling, f) rest and recuperation, g)post-deployment activities, and h) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. Covered active duty means: • In the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country. • In the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign Revised 10/1/2012 17 country under a call or order to active duty under a provision of law referred to in Title 10 U.S.C. §101(a)(13)(B). The leave may cominence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee's 12-week maximum of FMLA leave in a 12-month period. ® Military caregiver leave(also known as covered service member leave) to care for an injured or ill service member or veteran. An employee whose son, daughter, parent or next of kin is a covered service member may take up to 26 weeks in a single 12-month period to take care of leave to care for that service member. Next of kin is defined as the closest blood relative of the injured or recovering service member. - The term-covered service member means: o A member of the Armed Forces (including a member of the National Guard or-Reserves) who is undergoing medical treatment,recuperation or therapy or is otherwise in outpatient status, or is other-;ise on the temporary disability retired list, for a serious injury or illness. o A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy. The term serious injury or illness means: o In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that.was incurred by the member in line of duty on active duty in the Armed Forces (or that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating. o In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, a qualifying(as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed Forces (or that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Revised 10/1/2012 18 Forces) and that manifested itself before or after the member became a veteran. Amount of Leave An eligible employee may take up to 12 weeks for the first five FMLA circumstances above (under heading"Type of Leave Covered")under this policy during any 12-month period. The company will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the company will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount of time the employee is entitled to take at that time. ® An eligible employee can take up to 26 weeks for the FMLA military caregiver leave circumstance above during a single 12-month period. For this military caregiver leave, the company will measure the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. If a husband and wife both work for the company and each wishes to take leave for the birth of 4:t�child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in-law") with a serious health condition, the husband and wife may only take a combined total.of 12 weeks of leave. If a husband and wife both work for the companyoand each wishes to take leave to care for a covered injured or ill service, member,_the husband and wife may only take a combined total of 26 weeks of leave. Employee Status and Benefits During Leave While an employee is on leave,the company will continue the employee's health benefits during the leave period at the same level and under the same-conditions as if the employee had continued to work. Employee Status After Leave An employee who takes leave under this policy may be asked to provide a fitness for duty • (FFD) clearance from the health care provider. Use of Paid and Unpaid Leave All paid vacation,personal and sick leave runs concurrently with FMLA leave. Disability leave for the birth of a child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. Intermittent Leave or a Reduced Work Schedule The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently(take a day periodically when needed over the year) or,under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a • Revised 10/1/2012 19 reduced-hour schedule:In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12-month period). Certification for the Employee's Serious Health Condition The company will require certification for the employee's serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Certification for the Family Member's Serious Health Condition The company will require certification for the family member's serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a • denial of continuation of leave. Certification of Qualifying Exigency for Military Family Leave The company will require certification of the qualifying exigency for military family leave.The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay..Failure to-provide certification-may result . in a denial of-continuation of.leave. Certification for Serious Injury or Illness of Covered Service Vilember for Military Family Leave The company will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Decertification The company may request recertification for the serious health condition of the employee or the employee's family member when circumstances have changed significantly,or if the employer receives information casting doubt on the reason given for'the absence, or if the employee seeks an' extension of his or her leave. Otherwise, the company may request recertification for the serious health condition of the employee or the employee's family member every six months in connection with an FMLA absence. Procedure.for Requesting FMLA Leave All employees requesting FMLA leave must provide the HR manager with verbal or written notice of the need for the leave. Within five business days after the employee has provided this notice, the HR manager will provide the employee with the DOL Notice of Eligibility and Rights. When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days'notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the company's usual and customary notice and procedural requirements for requesting leave. Revised 10/1/2012 20 Designation of FMLA Leave Within five business days after the employee has submitted the appropriate certification form, the HR manager will provide the employee with a written response to the employee's request for FMLA leave. Intent to Return to Work from FMLA Leave The company may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Leave of Absence Without Pay Should a situation arise that temporarily prevents an employee from working, he/she may ® be eligible for a personal Leave of Absence without pay. However, employees must be employed for at least three months prior to the requested leave. Any request for a leave of absence without pay must be submitted in writing as far in advance as possible and it will be reviewed on a case-by-case basis by the employee's supervisor/manager and the Human Resources Department. The decision to approve or disapprove is based on the circumstances, the length of time requested,-the employee's.. job perfonhance and attendance and punctuality record, the reasons for the leave; the effect the=;employee's absence will have on the work in the department and the expectat n that the employee will return to work wh;n the leave expires. Leaves of absence will be considered only after all vacation and personal time have been rtr; exhausted. Bereavement Leave An employee who wishes to take time off due to the death of an immediate family member should notify his or her supervisor immediately. Bereavement leave-will be granted unless there are unusual business needs or staffing requirements. Paid bereavement leave is granted according to the following schedule: • Employees are allowed two days of paid leave in the event of the death of the employee's spouse, child, father, father-in-law, mother,mother-in-law,brother, sister, stepfather, stepmother, stepbrother, stepsister, stepson or stepdaughter. Workers Compensation All employees are covered by Worker's Compensation insurance while performing their assigned duties. Coverage pays for reasonable and necessary medical care if you are injured or develop a proven occupational related disease from exposure. Please observe the following important matters: Revised 10/1/2012 21 1. You must report all injuries and provide all required information immediately. 2. Disclosure of previous Workers Compensation injuries or claims is required. Falsifying a.disclosure form or medical history will be grounds or termination. 3. Fraudulent claims will be investigated and if proven to be false and unwarranted will result in punishment as felony fraud. 4. Failure to properly use a required safety appliance or a personal protective device (hard hat, safety glasses, hearing protection, safety shoes,back belts, gloves, etc.) is considered a willful violation of safety guidelines. Under this violation compensation entitlements will be reduced by 25% and a violation warning will be issued, which may lead up to and including termination. 5. You may not choose your own doctor, clinic, or hospital for treatment of a work • related injury or illness. All requests for treatment must have prior approval from the Company. Treatment that has not been approved may not be covered by Workers Compensation. 6. Workers Compensation insurance should not be confused with health insurance. It will not cover or extend to injuries or problems that occur off job or to conditions that are not work related. 7. You are not responsible for payment of any premium to be covered'by Workers Compensation insurance. Section 4 Employee Responsibilities Appearance Dress Code Each employee has a direct impact on the image of the Company. The Company has established an image of professionalism and wishes each one of you to enforce this image. One,of the key aspects of our image is personal appearance. First impressions are very significant in our relationships with customers and fellow employees. Because of • this, the Company has a dress code to provide you with general guidelines as to what we consider appropriate and professional. All Corporate and Supervisory Staff Members are required to wear business casual dress attire. Business casual dress attire is defined as; Slacks, Khakis, Jeans, Skirts, Dresses, and other similar items. Under no circumstances are the following attire to be worn; Shorts, Sweats, Hats, Halter Tops, Mid Drift Tops, Mini Skirts, Sheer Revealing Attire. Uniformed staff members are required to wear the uniforms that are provided every scheduled work day. Revised 10/1/2012 22 Reporting to work in clothes that are inappropriate may result in being sent home. Confidentiality All records and files of the Company are property of the Company and considered confidential. No employee is authorized to copy or disclose any file or record. Confidential information includes all letters or any other information concerning transactions with customers, customer list, payroll or personnel records of past or present employees, financial records of the Company, all records pertaining to purchases with vendors or suppliers, correspondence and agreements with manufacturers and documents concerning operating procedures of the Company. All telephone calls, letters, or other requests for information about current or former employees should be immediately ® directed to the Human Resources Department. Violation of this policy may result in disciplinary action,up to and including termination of employment. Conduct Personal Conduct The Company expects that all of its employees should conduct themselves with the pride and resp ,,fit associated with their positions, their fellow employees, customers, and everyone.else associated with the company. Employees should always use good judgmeni, discretion, and the highest standards of ethical conduct in carrying out the company's business. p Some guidelines are provided below to assist in creating an organization where we can all enjoy working. 1. There must never be conflicts or confrontations in front of customers. This includes any areas where conflicts may be accidentally overheard. 2. Be courteous,polite, and friendly to our customers and potential customers. 3. The use of intoxicating drugs or alcohol during work hours is not permitted. Nor are employees to arrive for work under the influence of drugs or alcohol. 4. There must be no soliciting, buying, or selling of goods on the premises during business hours unless approved by the Company. 5. Our telephones are for business purposes. Employees must keep personal telephone calls to a minimum. Such personal usage must occur during breaks, lunch, or before or after your shift. ® Revised 10/1/2012 23 • Misconduct It is the policy of the Company to expect all employees to abide by certain work rules of general conduct and performance at all times. Management, supervisors, and all employees are expected to monitor and enforce these work rules equally. Generally, there are four types of transgressions that constitute misconduct: ➢ Absenteeism and tardiness problems; ➢ Policy and procedure violations; ➢ Performance issues; or ➢ Behavior and conduct infractions. Progressive Discipline Every employee has the duty and the responsibility to be aware of and abide by existing rules and policies. Employees also have the responsibility to perform his/her duties to the best of his/her ability and to the standards as set forth in his/her job description or as othenvise established. 'Thermal Concepts, Inc. supports the use of progressive discipline to addressIssues such as poor work pertonnance or misconduct. Our progressive discipline policy is designed to provide a corrective action process to improve and prevent a recurrence of un"esirable > behavior and/or performance issues. Our progressive discipline policy has been designed consistent with our organizational values, HR best practices and employment laws. Outlined below are the steps of our progressive discipline policy and procedure. Thermal Concepts, Inc. reserves the right to combine or skip steps in this process depending on the facts of each situation and the nature of the offense. The level of disciplinary intervention may also vary. Some of the factors that will be considered are whether the offense is repeated despite coaching, counseling and/or training; the employee's work.record; and the impact the conduct and performance issues have on our organization. The following outlines Thermal Concept, Inc.'s progressive discipline process: • Verbal warning: A supervisor verbally counsels an employee about an issue of concern, and a written record of the discussion is placed in the employee's file for future reference. • Written warning: Written warnings are used for behavior or violations that a supervisor considers serious or in situations when a verbal warning has not helped change unacceptable behavior. Written warnings are placed in an employee's personnel file. Employees should recognize the grave nature of the written warning. Revised 10/1/2012 24 I,® Performance improvement plan. Whenever an employee has been involved in a disciplinary situation that has not been readily resolved or when he/she has p rY Y demonstrated an inability to perform assigned work responsibilities efficiently, the employee may be given a final warning or placed on a performance improvement plan (PIP). PIP status will last for a predetermined amount of time not to exceed 90 days. Within this time period, the employee must demonstrate a willingness and ability to meet and maintain the conduct and/or work requirements as specified by the supervisor and the organization. At the end of the performance improvement period, the performance improvement plan may be closed or, if established goals are not met, dismissal may occur. Grounds for Dismissal The Company reserves the right to determine the degree of disciplinary action for any of these matters, up to and including termination. There are some issues in the workplace that seriously affect the employment relationship. Such behavior is considered serious enough to warrant immediate termination of the employment. While this list is not exhaustive, it is provided for your guidance. 1. .Thet or inappropriate removal or possession of Company property, property of other employees, or customers. 2. Falsification of time keeping records or other Company records. This includes clocking in or out for other employees. 3. Working under the influence of drugs or alcohol. Prescription drugs must be approved by Management. 4. Possession, sale, or use of alcohol or illegal drugs in the workplace. 5. Unauthorized possession of lethal weapons on Company premises, including ammunition, firearms, firecrackers, or similar items. ® 6. Sexual harassment or any other unwelcome behavior. 7. Fighting or threatening violence in the workplace. 8. Unauthorized use of Company supplies. 9. Failure to maintain the confidentiality of Company information. 10. Excessive absenteeism or tardiness. 11. Refusal to carry out assignments relating to work of the company. Revised 10/1/2012 25 12. Deliberate waste of, damage to, or attempted damage to materials, supplies, products, property or equipment. 13. Violation of health and safety rules or practices. 14. Being absent from work three(3) consecutive days without notifying the Company, which is classified as a voluntary termination. 15. Any immoral, indecent, or illegal conduct on company property or a job site. 16. Giving or taking a bribe of any nature as an inducement to obtain or retain a position. 17. Leaving company premises during working hours without permission from a • Supervisor. 18. Willful acts or gross negligence resulting in actual or risk of serious injury to another employee or resulting in.actual or risk of serious damage to company property. _ 19. Insubordination (willful, deliberate refusal to follow.directi.-n, order, or assignment by Supervisor or Management) or using abusive langaage to Supervisors. 20. Sleeping while on duty. 21. Abusive language or threats to fellow employees. 22. Speeding or reckless_driving with Company vehicles. 23. Refusal to wear hard hats, safety shoes, safety glasses, or other required personal protective,equipment. 24. Failure to report a'work related accident, injury or illness immediately. Attendance The Company depends heavily upon its employees, it is important that employees report to work as scheduled. To keep the business and each department running smoothly and efficiently, it is important that every employee be on the job on time regularly. For this reason, careful attention is given to promptness, absence record, and overall dependability. If you are going to be late or absent from work for any reason, you must personally notify your supervisor as far in advance as possible, so that proper arrangements can be made to handle your work during your absence. Of course, some situations may arise in which prior notice cannot be given. In those circumstances, you are expected to notify your Revised 10/1/2012 26 supervisor as soon as possible. Leaving a message does not qualify as notifying your supervisor—you must personally speak to your supervisor. If you are required to leave work early, you must also personally contact your supervisor and obtain his/her permission. When absence is due to illness you may be required to provide appropriate medical documentation from your physician. Employees who are absent for three (3) consecutive days without notifying the Company are subject to termination as a"voluntary resignation" Computer- Usage Electronic Communication and Internet Use The following guidelines have been established for using the Internet, company-provided cell phones and e-mail in an appropriate, ethical and professional manner: • Internet, company-provided equipment(e.g., cell phone, laptops, computers) and services may not be used for transmitting, retrieving or storing any communications of a defamatory, discriminatory, harassing or pornographic ni 6e. • The following actions are forbidden: using disparaging, abusive, profane or ` offensive language; creating, viewing or displaying materials that might adversely or negatively reflect upon Thermal Concepts, Inc. or be contrary to Thermal Concepts, Inc.'s best interests; and engaging in any illegal activities, including piracy, cracking, extortion,blackmail, copyright infringement, and unauthorized access of any computers and company-provided equipment such as cell phones and laptops. • Employees may not copy, retrieve,modify or forward copyrig1tted materials, except with pennission or as a single copy to reference only. o Employees must not use the system in a way that disrupts its use by others. Employees must not send or receive large files that could be saved/transferred via thumb drives. Employees are prohibited from sending or receiving files that are not related to work. ® Employees should not open suspicious e-mails, pop-ups or downloads. Contact IT with any questions or concerns to reduce the release of viruses or to contain viruses immediately. o Internal and external e-mails are considered business records and may be subject to discovery in the event of litigation. Be aware of this possibility when sending e-mail within and outside the company. ® Revised 10/1/2012 27 Right to Monitor All company-supplied technology and company-related work records belong to the company and not to the employee. Thermal Concepts, Inc. routinely monitors use of company-supplied technology. Inappropriate or illegal use or communications may be subject to disciplinary action up to and including termination of employment. Social Media—Acceptable Use Below are guidelines for social media use. Employees may not post financial, confidential, sensitive or proprietary information about the company, clients, employees or applicants. Employees may-not post,obscenities,-slurs-or-personal-attacks that-can damage the reputation of the company, clients, employees or applicants. When posting on social media sites, employees must use the following disclaimer when " discussing job-related matters,_"The opinions-expressed on this site are my own and dc- not necessarily represent the views of Thermal Concepts,,Inc. " Thermal Concepts, Inc. may monitor content out on the Internet. Policy violations may result in discipline up to and including termination of employment. Cell Phone Use The Company understands that many employees have personal cell phones and that at times it may be necessary to receive personal calls during work hours. Please keep your.. personal calls to a minimum and your phone on vibrate during work hours. Personal calls should be made-_preferably during your.lunch.. . Use of Company Property Equipment The Company may provide employees with supplies,uniforms, lap tops, cellular phones, materials and equipment necessary for employees to perform their job. These items are to be used solely for the Company's purposes. Employees are expected to exercise care in the use of Company equipment and property and use such property only for authorized purposes. Loss, damage, or theft of Company property should be reported at once. Negligence in the care and use of Company property may be considered grounds for discipline, up to and including termination of employment. Revised 10/1/2012 28 The Company's equipment, such as telephone, postage, facsimile and copier machine, is intended for business purposes only. An employee may only use this equipment for non- business purposes in an emergency and only with the permission of his or her supervisor. Upon termination of employment, the employee must return all Company property in their possession before they will receive their last paycheck. Vehicles The Company may provide vehicles to employees necessary for the employee to perform their job. The employee must have a valid Driver's license in the state employed. At any time the license is suspended your supervisor and Human Resources must be advised immediately. Any violation resulting in a DWI, reckless operation, or points accumulated on your driving record must be reported to your supervisor and Human Resources immediately. Maintaining a good driving record is expected and a condition of employment if you are required to operate a Company vehicle. Failure to do so may result up to and including termination of employment. Any employee operating a Company vehicle must do so in a safe.manner. Any employee operating Company vehicle under the influence of drugs or alcohol or in an_unsafe or ' negligent manner may be disciplined, up to and including termination of employment. Fleet Fueling 3� Fleet Fuel purchases are for Company Vehicles and equipment and are the only authorized purchases to be made. All other purchases will be viewed as theft from the company and may result in immediate termination. Fuel Cards assigned to an employee will only be used to fuel their work vehicle. If a card is lost or stolen, notify your Supervisor immediately. Company.Credit Cards Employees authorized to use a company credit card are responsible for protecting the use of the credit card and for submitting all credit card receipts with the authorized expense report to Accounts Payable for validation and payment. Company credit cards are for the ® use of company business only, any other use may be considered theft and may result in termination of employment. Smoking Policy In order to comply with government regulations, the Company has prohibited smoking throughout its workplace. Smoking is allowed in designated areas only. Safety The Company's Safety Program is based upon three concepts: ➢ Safety is everyone's responsibility. ® Revised 10/1/2012 29 ➢ The company will make every effort to provide a safe place of employment for all employees. -- ➢ You are required to work in a safe manner. In order for this program to succeed, it will require 100% cooperation on the part of EVERYONE on the jobsite. Below are some of the safety rules which shall be followed on jobsites: 1. Know the right way to do your job. 2. Keep work area tool cribs, lunch areas and shops in a clean and sanitary condition. 3. Work at a safe speed - foolish hurry only leads to fast accidents. 4. Hard hats shall be worn at all times while on the project site. 5. If an injury should occur - it is to be reported immediately to your supervisor, regardless of how minor it may appear. - 6. Intoxication, possession of liquor or narcotics, or suspicion of the use or possession of these substances, is grounds for immediate dismissal. 7. Firearms shall not be allowed on jobsites! Any violators will be terminated!! 8. Riding on bumpers, fenders, or other equipment is not permitted. When pick-ups are used for carrying personnel, the driver is to ensure that employees are sitting inside-the bed of the truck and not on the side. of the bed. Feet should not be hanging down when riding on an open tailgate. 9. All employees shall use the required personal protective equipment for the job he/She is performing (i.e. safety glasses at all times, face shields when grinding, filter masks when spray painting,burning goggles when burning etc.). 10. Only approved solvents shall be used for cleaning. Gasoline or similar products shall not be used for clean purposes. 11. Gasoline, thinners, oils, etc. shall be stored and transported in safety containers properly stenciled as to contents. 12. All vehicle operators shall observe speed limits, traffic.routes, and regulations at all times. 13. All materials are to be in controlled stacks and piles and in such locations as to eliminate hazards. Revised 10/1/2012 30 14. Open fires are prohibited unless properly authorized and under the direction of supervision. 15. Men/women working above other employees shall advise those working below of hazards and take necessary precautions to prevent accidents. 16. Cameras shall not be permitted on the jobsite without authorization. 17. No material or equipment is to be removed from the jobsite without authorization. 18. All clothing, including shoes, must fit properly and be in good condition. Shirts must be worn at all times. Tank shirts or short pants and athletic shoes with high heels or soft soles are not permitted. 19. Always take the safest way from place to place. Never jump between scaffolds, from ladder or scaffold to ground, jump ditches, etc. -No running on the jobsite except in an emergency. 20. Remove all foreign material, grease, oil, loose objects from scaffold, work areas, stairways, and approach to equipment. 21. Hammer down all nails staples,or any protruding objects when wrecking. 22. Never walk or work under or between suspended loads. Employees should not place themselves between machinery, equipment or material which might drop or cause them to get pinned in. 23. Obey all safety and warning signs of Thermal Concepts, Inc. or the client. 24. Watch where you walk! Be sure that scaffolds and scaffold boards have a proper bearing. 25. When carrying long pieces of material or equipml-lit, watch.that the-.ends do not ® strike others. Use two (2) men/women in confined areas and on a long or unusual shapes. 26. Practical jokes and horseplay lead to accidents and are prohibited. 27. Report any unsafe act and/or condition immediately to your foreman, general foreman, superintendent, or the Human Resources department. 28. Know your tools and how to use them! Do not use burred or mushroomed tools. Never strike two tempered tools together. Turn in defective or unsafe tools. 29. Inspect all power sources to insure correct voltage and to insure that a positive ground has been established. • Revised 10/1/2012 31 30. - - -Erect all scaffolds completely and properly. 31. Tie off all ladders which lean for support. 32. Safety wire all air hose crow's feet together including connection on the whip line. 33. Use tag lines when steadying a load being moved by cranes, do not use your hands. 34. Stacked pipe must be blocked, so as to prevent spreading. 35. Have a fire extinguisher at each burning/welding operation. 36. When lifting something, use your legs, not your back. If it is too heavy, get help. 37. Smoking around fueling operations. Engines are to be shut down during re- fueling. 38. Use strikers when igniting torch. Nothing-Ise! ` 39. All excavations with five (5) feet or more depth in which employees will be working must be inspected by the Safety Department. 40. Properly cap and rack all oxy/acety bottles and keep them upright and tied off. 41. Never use-electrical cords for hoisting tools, use rope. 42. Protect extension cords from being damaged from traffic, pinched in doorways, or from sharp objects cutting them. 43. Fighting on company jobs is grounds for dismissal. 44. Thieves and vandals will be terminated and prosecuted. In office areas, the following safety standards should be followed at all times: 1. Each employee should become familiar with their work area. 2. Know where fire extinguishers are located and how to use them. 3. Practice good housekeeping. Keep work area clean and free from stumbling or tripping hazards. 4. Do not run within the work area. Revised 10/1/2012 32 5. All defective materials or equipment must be brought to the attention of the supervisor. Parking An adequate parking area is provided for employees. Employees may park in any space that is not marked reserved. Please cooperate by not blocking any gate, driveway, or other employees' cars. The Company assumes no responsibility for the employee's vehicle or their contents while on company property. Separation of Employment Separation of employment within an organization can occur for several different reasons. • Resignation: Although we hope your employment with us will be a mutually rewarding experience, we understand that varying circumstances cause employees to voluntarily resign employment. Resigning employees are encouraged to provide two weeks' notice, preferably in writing, to facilitate a smooth transition out,of the organization. Management reserves the right.to make the resignation effective on the day given in situations where job or business needs warrant s,uch a q��ion. If an employee provides less notice than requested, the employer may deem the individual to be ineligible for rehire depending on the circumstances regarding the notice given. • Retirement: Employees who wish to retire are required to notify their department director and the Human Resource department in writing at least one (1) month before the planned retirement date. • Job abandonment: Employees who fail to report to work or contact their supervisor for three (3) consecutive workdays shall be considered to have abandoned the job without notice, effective at the end of their normal shift on the ® third day. The supervisor shall notify the Human Resource department at the expiration of the third workday and initiate the paperwork to terminate the employee. Employees who are separated due to job abandonment are ineligible to receive accrued benefits and are ineligible for rehire. • Termination: Employees of Thermal Concepts, Inc. are employed on an at-will basis, and the company retains the right to terminate an employee at any time. Voluntary Termination The Company will classify a termination of employment as "Voluntary"when an employee does any of the following: Elects to resign from the Company; Revised 10/1/2012 33 ➢ Fails to return from an approved leave of absence on the date specified by the - -Company;-or -- - - —- - - ➢ Fails to report to work without notice to the Company for three (3) consecutive days. Involuntary Termination The Company will classify a termination of employment as "Involuntary" when: ➢ An employee is terminated for poor performance; ➢ An employee is terminated for misconduct; ➢ Reorganization; or ➢ Lack of work. Return of Company Property The separating employee must return all company property at the time of separation, including uniforms, cell phones, keys, PCs and identification cards. Failure to return some items may result in deductions from the final paycheck. An employee will be required to sign the Wage Deduction Authorization Agreement to deduct the costs of such items from the final paycheck. Accrued'vacation leave up to 80 hours will be paid in the last paycheck unless the employee resigned and did not give and work a full two weeks' notice. Health insurance terminates the last day of the month of employment,unless an employee requests immediate termination of benefits. Information for Consolidated Omnibus Budget Reconciliation(COBRA) continued health coverage will be provided. Rehire Former employees who left Thermal Concepts, Inc. in good standing and were classified as eligible for rehire may be considered for reemployment. An application must be submitted to the Human Resource department, and the applicant must meet all minimum qualifications.and requirements of the position, including any qualifying exam, when required. Supervisors must obtain approval from the Human Resource director or designee prior to rehiring a former employee. Rehired employees begin benefits just as any other new employee. Previous tenure will not be considered in calculating longevity, leave accruals or any other benefits. An applicant or employee who is terminated for violating policy or who resigned in lieu of termination from employment due to a policy violation will be ineligible for rehire. Revised 10/1/2012 34 Exit Interview Employees who leave the Company for any reason may be asked to participate in an exit interview. This interview is intended to permit the terminating employees the opportunity to communicate their views regarding their work with the Company, including job duties,job training,job supervision, and job benefits. Arrangements for clearing any outstanding debts with the Company and for receiving final pay will also be made at this time. ,i vi Revised 10/1/2012 35 r Williams, Steven - Procurement From: Diane Fox <dtfox @rothsoutheast.com> Sent: Thursday,January 30, 2014 1:13 PM To: Williams, Steven - Procurement Subject. RE:ITB#20-14-066 HVAC. manufacturer letters Attachments: Roth Southeast.pdf Steve -Good morning. Please find attached the information that was submitted with our bid. The portion of the ITB we are bidding -is-Group 22'Explorer Controls. This actually is the Johnson Controls Facility Explorer product line. I have attached a letter from the ARCS and from Johnson Controls that is authorizing us to provide, install and service the equipment.We are authorized to purchase the materials from Engineered Control Systems, Inc., ESCI, who is an ABCS for Johnson ,Controls. SCSI is our Johnson Controls distributor who we purchase all of our Johnson Controls product from. In the attachment there is a letter from Johnson Controls that is dated October 28, 2003 authorizing Thermal Concepts,which is now Roth Southeast, as an installing contractor for Engineered Control Systems, Inc.The product line has changed over the years, it is now the Facility Explorer product line. Even though the product line has changed our relationship with ECSI has not. We did not submit on the mechanical side because of the time required for the manufacturer letters to arrive prior to the -bid. If we have the opportunity to provide the pricing for this portion of the bid.We would be more than happy to do so. Due to the time constraints and the requirement of the manufacturer authorization we did not submit for that portion of the ITB. Please let me know"if there is anything else you may need. Thank you and have a great day. .Diane Fox Account"Executive F -: HU . I H 0:954-423-6640,ext 248 F: 954-423-6684 ,C:954-520-2318 2260"SW 66th Terrace Davie,Florida 33317 www.rothsoutheast.com I 1 1 i Johnson Controls October 22"d,-2013 Via Electronic Delivery RE: JOHNSON CONTROLS FACILITY EXPLORER®AND AUTHORIZED BUILDING CONTROLS.SPECIALIST(ABCS).CHANNEL The purpose of this letter is to.advise you that Johnson Controls only authorizes sales of"its Facility Explorer® branded products or services th.rough ..its Authorized Building Controls Specialist("ABCS" ) distribution channels. Engineered Control.Systems.Incorporated.'(°ECSI")is currently an ABCS of good standing within South and Central Florida geographies: -ECSI is authorized to sell, install,or service the Facility Explorers product suite..anywhere in the counties Within Central and South Florida listed in their signed 2014 ABCS contract with J'ohnson' Controls P'JC.I°). There are no other authorized ABCS'in the geographies cEirrently.served by ECSI via the signed 2014 ABCS contract. Should you have any questions regarding this.letter, please 'do not hesitate to contact me at 561..702.6119. Sincerely, JOHNSON CONTROLS,INC. 17tf i Dariiel.Fla herty Regional Product'Distribution Manager.­Southeast cc: Steven A.Stanitzke,Regional VP&GM,Southeast Region—Systems Chris.:Eichmann,Director,North America Systems Product Sales S Engineered m Da of 'Sys-reia-z October 17; 2013 Mr. Neil Caporale,Operations Manager Roth Southeast 2260 SW W' Terrace Davie, FL 33317 Re: Johnson Controls N2 Level METASYSO Products Dear Mr. Caporale, The purpose of this letter is to advise you that.Engineered Control Systems ("ECSI") is recognized by ,Johnson Controls ("JCI") as an .Authorized Building Controls Specialist .("ABCS") serving the .South, Central and West Florida geographies. As .an ARCS, ECSI is authorized to- sell numerous JCI product families, including the N2 Level METASYS®. Products. These Digital Control Products include the following: ® AS-.,AP-,.and FA-.S.erie.s.Application Specific Controllers &AccesSaries O WS-., MM=, and FA-Series-Software Products fo.r'M3_Level Workstations ® AS-MIG Integrator Products ® EN-and ENC-Series Metasys Enclosures; Metasys Accessories e DX-9100 Controllers As a customer of'ECSI, Roth Southeast has access to these Johnson Controls N2 Level METASYSO Products. Should you or your customer have any questions regarding this letter., please do not-hesitate to:contact me at(305)986-8855. mcere y, Engineered Control Systems, Inc. ofOc John C. Pittaluga President 624 KW a4��A�`�il�:z liia�n� E?1_33166 re.� ?� tie (3(}5}8855--8804 Page l of:I I Jchndon GonVors,Itsc. - Convoia dioip UO2 Sugar Parm Drive Tampa Fl..33618 IM Ted.aijim Z1as FA)L•6130635 2275 J cc @HNSON Ls October23,2003 To Whom It May Concem:. This fetter i§toyedify that Thermal Concepts,.Inc.ernpldyeas have cornpieted the required factory autha i-zed Metasys.product training course and.that Thermal Concepts,Inc,is an Instalfing Contract6t for Englneered Contra!Systems,Inc., an Authorized Building Control Specialiit for Johnson Controls,Inc: Very truly yours,. JOHNSON CONTROLS,INC._ Mac Mclean Account Executive Johnson Controls,.lnc. 1 q 1 89az-L9° (sl]E) e5nje44Td '3 U40V 40-2t E0 8z .00 BID.NO.30-06/07 CITE'OF MIAMI BEACH DATE:0/24/07 Paige 11 of 62 v n 3 cn v CD v J c coin Vim (° � cn cn CD � � N° • ° �' CSC o - = (n 0 3o =5 Q O Cr W �, ccn 3 CD c C) Cp c c N N O F = ° —CL CL < o c C o o M° o cn On°-o cc o � — c CD N CD o � � � m coa) CCDV - o v c c ao ° ac c° c a c M o � o o � � Cn v -0 C-) CD cn m w c =r CD c CD _ -0 n N° v 0 O° <°`C CD n v o- CD cn CD (n 3 ° omc � vao � �, D CD 3 cn CL rL M CD w 3 CD c -allocoo CD X �-C�a<n.= (o o C -� ® — c ��o -0 x `- O �O (D o - cv° CD o ° cn — ° c_Q°� � � n m = o ac� — c c 0 �p D ° o x m 3c� Q cn D c 0 � O O cn D *� ::......:..:....CL a) ,� CL W CD CA Q C c b - ..... Q 0 -n c c cn c• 0 ........ . O Oo c 0 a � D � N � m ° %< 0 CD � (n N o ° � D N � �� �- Fp' cn cn CL CD cc ncn — °"- CAD 3 _. v N D iv cn � Q �• CD o CD O :3 m CD 0 n _cn O O N CD =r O GL O Q � CD N 3 `< N CD cn CD c cn N ,-+ CD 0 =L CD P4 =� cOn CD c W CD CD co .-►• cn =T, n D CL CL C) =r � — CO Sv v (n• r+ � Q. =° w cn Johnson Controls February 6th, 2014 Via Electronic'Delivery RE: JOHNSON CONTROLS FACILITY EXPL-ORERO AND AUTHORIZED BUILDING CONTROLS SPECIALIST(ARCS) CHANNEL The purpose of this letter is to advise you that Johnson Controls only authorizes sales of its Facility Explorer® branded products or services through its Authorized Building Controls Specialist ("ABCS") channels. Engineered Control Systems Incorporated ("ECSI") is currently an ABCS of good standing within South and Central Florida geographies. ECSI is authorized to sell the Facility Explorer® product suite anywhere in the counties within Central and South Florida listed in their signed 2014 ABCS contract with Johnson Controls ("JCI"). There are no other authorized ABCS' in the geographies currently served by ECSI via the signed 2014 ABCS contract. ECSI authorizes contractors to sell, install, and service the JCI Facility Explorer product and can on ECSI's behalf,write letters stating which contractors are authorized per ECSI requirements. Should you have any questions regarding this letter, please do not hesitate to contact me at 561.702.6119. Sincerely, JOHNSON CONTROLS, INC. Daniel Flaherty Regional Product Distribution Manager-Southeast