EVN0060585_HVAC_Chillers_Sections_2_-_4.pdf

Rev. 4.22.24 v.24-1

SECTION 2

ADDITIONAL/SPECIAL TERMS AND CONDITIONS

2.1 PURPOSE

The purpose of this Solicitation is to establish a full-service contract for MDAD HVAC Chillers in order to preserve all HVAC systems and associated auxiliary and water treatment equipment covered herein in optimal operating condition at all times. Additionally, the full-service contract shall meet Original Equipment Manufacturer (OEM) standards and comply with all applicable Federal, State, and Local Laws and Environmental Regulations at the Miami-Dade Aviation Department (MDAD), as stated in Exhibit A – MDAD Sites and Equipment Location.

2.2 DEFINITIONS

In addition to General Terms and Conditions, Section 1.1, the following words and expressions used in this solicitation shall be construed as follows, except when it is clear from the context that another meaning is intended:

a. The term “Building Management System”, or acronym “BMS”, shall mean a control system that can monitor and manage a facility's mechanical, electrical, and electromechanical services in a facility.

b. The term “Department”, or acronym “MDAD”, shall mean the Miami-Dade Aviation Department. Wherein in this Solicitation document, rights are reserved to the County, MDAD may exercise such rights.

c. The term “Eddy-Current Testing” shall mean one of many electromagnetic testing methods used in nondestructive testing (NDT), making use of electromagnetic induction to detect and characterize surface and subsurface flaws in conductive materials.

d. The term “Equipment Life Cycle Management”, or acronym “ELCM”, shall mean equipment life cycle replacement, renovation, retrofit, new construction, energy retrofit, and controls to include new and upgrades.

e. The acronym “HVAC” shall mean heating, ventilation, and air conditioning. The mechanical systems that provide thermal comfort and air quality in an indoor space are often grouped because they are generally interconnected. HVAC systems include central air conditioners, heat pumps, furnaces, boilers, rooftop units, chillers, and packaged systems.

f. The term “Project Manager” shall mean the Department’s duly authorized representative designated to manage the Contract.

g. The term “Site” shall mean the Department’s HVAC and all Auxiliary Equipment location in its entirety. The Sites belong to a Zone.

h. The term “Zone” shall mean any of five (5) separate areas of the Department’s HVAC and all Auxiliary Equipment. Each Zone contains up to six (6) Sites depicted as line items within the Zone in INFORMS.

2.3 TERM OF CONTRACT: TEN YEARS

The Contract shall commence on the first calendar day of the month succeeding approval of the Contract by the Board of County Commissioners or authorized designee, unless otherwise stipulated in writing by the County. The Contract shall expire on the last day of the 120th month.

2.4 PRE-BID CONFERENCE AND SITE VISIT (OPTIONAL)

It is highly recommended that Bidders attend the Pre-Bid Conference and Site Visit to become familiar with any conditions that may, in any manner, affect the Services to be provided. Bidders are advised to examine the requirements and specifications in this Solicitation carefully, and to become thoroughly aware of all conditions and requirements that may in any manner affect the Work to be performed under the Contract. No additional allowances will be made because of a lack of knowledge of these conditions. The Pre-Bid Conference and Site Visit have been scheduled as follows:

Pre-Bid Conference A Pre-Bid Conference will take place at the location, date and time listed below:

Date: 09/08/2026 Time: 9:00 AM Location: Miami International Airport, Building 5A, located at 4200 NW 36th Street, Miami, FL 33166, 2nd Floor, Conference Room G.

And

First site-visit:

Date: 09/08/2026 Time: 10:00 AM (After the Pre-bid Conference) Location: AOA Sites Only

Second site-visit:

Date: 09/09/2026 Time: 09:00 AM (for MIA Non-AOA Sites) Meeting Point: Building 3030, 1st floor Conference Room

Third site-visit:

Date: 09/10/2026 Time: 09:00 AM Meeting Point: Opa Locka Airport

NOTE: The County will not provide transportation for Bidders to the site.

Bidders are requested to arrive and/or log on promptly, as the meeting will start on time, and to have access to and/or a copy of the Solicitation during the Pre-Bid Conference and Site Visit. The Cone of Silence does not apply to this meeting, allowing any questions to be addressed with representatives from Miami-Dade County. This is a public meeting, and multiple members of individual community councils may be present. The County is not responsible for any costs incurred by potential Bidders to attend the Pre-Bid Conference and Site Visit.

Site Visit Instructions:

The Site visit will be limited to two (2) representatives per firm. To assist in our planning, including obtaining necessary security clearances, firms are required to submit the names of the individual(s) attending, last four (4) digits of their Social Security Number and their driver’s license or passport number, as well as their respective date of birth to enkelejda.plasari@miamidade.gov or designee no later than September 3, 2026 at TBD PM (EST).

Please state in your email that you are submitting the information in order to be scheduled for the referenced Site visit. Those individuals who fail to submit the required information in a timely manner will not be able to participate in the Site visit.

The County offers ADA accommodations, e.g., materials in alternate format or sign language interpreter, through the Miami-Dade County Aviation Department’s ADA Office. Contact the MDAD Office of ADA Coordination at 305-869-mailto:enkelejda.plasari@miamidade.gov

1859 Mparada-pla@flymia.com, at least five (5) days in advance should assistance be needed to participate in the conference and/or the site-visit. TTY users may reach the ADA Office by calling the Florida Relay Service at 711.

2.5 METHOD OF AWARD (PER ZONE)

Award of this Contract will be made by Zone to the lowest responsive, responsible Bidder for each Zone. A Bidder may not be awarded more than one (1) Zone. Bidders may submit a Bid for one (1), multiple, or all Zones. To be considered for award of a particular Zone, the Bidder shall submit pricing for all items identified within that Zone. If a Bidder fails to submit pricing for all required items within a Zone, the Bidder's offer for that Zone may be deemed non-responsive and rejected.

Each Zone will be evaluated independently and in numerical order, beginning with Zone 1, followed by Zone 2, and continuing sequentially through the remaining Zones. For each Zone, the County will determine the lowest Bid by calculating the grand total for all items within that Zone, as identified on the Price Submittal. Subject to the Bidder meeting all applicable qualification requirements of the solicitation, award will be made to the responsive, responsible Bidder offering the lowest grand total for that Zone.

Once a Bidder is selected for award of a Zone, that Bidder will no longer be eligible for consideration for award of any subsequent Zone. The County will then proceed to evaluate the next Zone and make an award to the lowest responsive, responsible Bidder that has not previously been selected for award of another Zone. This process will continue sequentially until all Zones have been evaluated and awarded, to the extent sufficient responsive and responsible Bidders are available

2.6 BIDDER REQUIREMENTS

In addition to the requirements detailed in Section 1-General Terms and Conditions, Section 1.2-Instructions to Bidders, the Bidder shall meet the following requirements to be considered for award:

A. Bidder or Bidder’s Subcontractor shall possess, and always maintain during any resulting Contract, either license listed below at the time of Bid submittal and provide a copy of such with the Bid submittal.

• State of Florida Mechanical Contractor, or

• Class “A” Air Conditioning Contractor, or

• Miami-Dade County General Mechanical Contractor, or

• Miami-Dade County Master Air Conditioning Unlimited Contractor, or

• Miami-Dade County Master Refrigeration and Air Condition Contractor.

B. Bidder or Bidder’s Subcontractor performing water treatment services on County equipment must have, at a minimum, one (1) staff member holding a Professional Engineer License issued by the State of Florida Board of Professional Engineers, and a copy of the license shall be provided with the Bid submittal. Such license shall always be maintained during any resulting Contract.

C. Bidder shall submit a copy of their current Stratospheric Ozone Protection (APCF) Permit to purchase refrigerants issued by Miami-Dade County Regulatory and Economic Resources Department with the Bid submittal. Such permit shall always be maintained during any resulting Contract.

D. Bidder shall have at least one (1) technician certified as a Journeyman in the General Mechanical

Category to perform the work specified in Section 3 of this Solicitation. A copy of their current Miami- Dade County Certificate of Competency as a Journeyman in the General Mechanical Category or any other comparable and verifiable certificate from a Florida municipality for each technician shall be mailto:Mparada-pla@flymia.com provided with the Bid submittal. Neither a certification from a municipality in another state nor an education training certification from an industry organization will be accepted for this requirement. Such license shall always be maintained during any resulting Contract.

E. Bidder’s technician(s) shall have successfully completed the Environmental Protection Agency (EPA)

Universal Refrigerant Transition and Recovery Certification Program and shall be so certified at the time of Bid submittal. A copy of the technicians’ EPA Universal Certification shall be provided with the Bid submittal.

F. Bidder or Bidder’s Subcontractor shall submit the name(s) of technician(s) who will be performing and evaluating the Eddy-Current Testing. The technician(s) performing the Eddy-Current Tests shall be American Society for Nondestructive Testing (ASNT) Nondestructive Testing (NDT) Level II Certified.

The technician(s) evaluating the Eddy-Current Tests shall be ASNT NDT Level III Certified. Copies of current certificates or certification record shall be provided with the Bid submittal.

G. Bidder shall be regularly engaged in the business of providing HVAC chillers, equipment, and water treatment, preventive maintenance, and repair services to be considered for award. Bidder shall provide two (2) different references from customers to whom the Bidder has provided or is currently providing such goods/services as described throughout this Solicitation. In lieu of the references from the Bidder, the County will consider the references from the Bidder’s key personnel in accordance with Resolution No. 1122-21.

The references should include the customer’s company name and the contact person’s name, title, address, telephone number, and e-mail address, who can verify that the Bidder/Subcontractor/Bidder’s key personnel has successfully provided the goods/services (Section 4, Bid Submittal – Required Criteria). These references shall ascertain to the County’s satisfaction that the Bidder has sufficient expertise in the industry and that its firm is properly equipped to perform the required Services. The same references shall not be used for Sections 2.6. G, H, and I.

H. Bidder or Bidder’s Subcontractor performing oil analysis test and evaluation of oil samples services shall provide two (2) different references from customers whom the Bidder or Bidder’s Subcontractor has provided or is currently providing, such Services as described throughout this Solicitation. In lieu of the references from the Bidder or Bidder’s Subcontractor, the County will consider the references from Bidder’s key personnel in accordance with Resolution No. 1122-21.

The references should include the customer’s company name, dates of service, the contact’s name, title, address, telephone number, and e-mail address of the contact person who can verify that the Bidder/key personnel/Subcontractor has successfully performed oil analysis test and evaluation of oil samples services (Section 4, Bid Submittal – Required Criteria). These references shall ascertain to the County’s satisfaction that the Bidder/key personnel/Subcontractor has sufficient expertise in performing oil analysis test and evaluation of oil samples services and is properly equipped to perform the required Services. The same references shall not be used for Sections 2.6. G, H, and I.

I. Bidder or Bidder’s Subcontractor performing water treatment services shall provide two (2) different references from customers whom the Bidder or Bidder’s Subcontractor has provided or is currently providing such Services as described throughout this Solicitation. In lieu of the references from the Bidder or Bidder’s Subcontractor, the County will consider the references from Bidder’s key personnel in accordance with Resolution No. 1122-21.

The references should include the customer’s company name, dates of service, the contact’s name, title, address, telephone number, and e-mail address of the contact person who can verify that the Bidder/key personnel/Subcontractor has successfully performed water treatment services (Section 4, Bid Submittal – Required Criteria). These references shall ascertain to the County’s satisfaction that the Bidder/key personnel/Subcontractor has sufficient expertise in performing water treatment services and is properly equipped to perform the required Services. The same references shall not be used for Sections 2.6. G, H, and I.

J. The Awarded Bidder shall assign a competent company representative who is cognizant of industry standards and is authorized to discuss matters pertaining to the resulting Contract in order to provide the County with support and information. The company representative shall be able to communicate with the Project Manager and shall have full authority to act on behalf of the Awarded Bidder on all matters related to the resulting Contract. Bidders are required to provide their designated company representative’s name, title, phone number, and e-mail address. All resources shall be available twenty-four (24) hours a day, seven (7) days a week to provide immediate support and expedite Services.

The Bidder shall provide all the information, documents, and/or attachments listed above to be considered for award. All information, documents, and/or attachments listed above are due with the Bid by the Solicitation’s end time and date. The County may, at its sole discretion and in its best interest, allow the Bidder to complete, supplement or supply the required information, documents and/or attachments during the Bid evaluation period.

Failure to provide all the required information, documents and/or attachments with the Bid or, if allowed, as requested by the County during the Bid evaluation period, may result in the Bidder being declared non-responsive or non-responsible.

Bidders are strongly cautioned to refrain from providing with their Bid submittal any supplemental/ancillary documentation that is not specified in this Solicitation. Such documentation (i.e., a proposal, price quote, company literature, marketing material, etc.) is not required or desired to be provided for this Solicitation.

During the Bid evaluation period, the County’s Strategic Procurement Department will review the information, documents and/or attachments submitted by the Bidder, may request additional information from the Bidder, and/or obtain additional information from available sources, to completely evaluate the Bidder’s submittal and ascertain that the Bidder meets the stipulated requirements and determine the Bidder’s ability to perform under a resulting Contract. The County shall be sole judge of a Bidder’s compliance with requirements and the Bidder’s ability to perform under a resulting Contract. Failure to meet the stipulated requirements or to demonstrate ability to perform under a resulting Contract, as determined by the County, may result in the Bidder being declared non-responsible.

During a resulting Contract, the Bidder has an obligation to advise the County of any changes, intended or otherwise, to the evidence given in compliance with the requirements in this Solicitation.

2.7 PRICES

2.7.1. Bidder must provide pricing in INFORMS indicating a unit price for the line item as described, in accordance with all applicable terms and conditions of this Solicitation. Estimated quantity(ies) of labor hours are provided for Bidder’s guidance only. Refer to Section 1, Paragraph 1.9, Quantities.

2.7.2. The Bidders’ price(s) (other than hourly rates) offered are full compensation to the Awarded Bidder inclusive of labor, materials, equipment, mobilization, de-mobilization, fuel, travel, fees, and any other element of cost or price. Additional charges of any kind will not be accepted.

2.7.3. Hourly rates offered for initial inspections, as-needed repairs, additional services, and force majeure repairs, as described in this Solicitation, shall be deemed to provide full compensation to the Awarded Bidder for labor, use of equipment, travel time, and any other element of cost or price. This rate shall be at straight time for all labor, except as otherwise noted.

2.7.4. The Awarded Bidder(s) may offer lower prices, or the County may negotiate lower pricing with the

Awarded Bidder(s) based on market research data and other factors that influence price, such as downward movement of applicable price indexes.

2.7.5. In accordance with General Terms and Conditions, Section 1.3 Preparation of Bids, alternate Bids are NOT allowed.

2.8 PRICE ADJUSTMENT BASED CONSUMER PRICE INDEX (CPI)

The Bidders’ prices shall be inclusive of all costs, delivery, charges, and fees. The initial contract prices shall remain fixed and firm for a period of no less than twelve (12) months from the solicitation’s end date. Thereafter, prices may be adjusted upward or downward as follows:

• The County may elect to negotiate price adjustments with Awarded Bidder(s) (decreases or increases) based on changes in the following pricing index: Consumer Price Index for All Urban Consumers (CPI- U), Series ID: CUURS35BSA0, CUUSS35BSA0, Titled: All items in Miami-Fort Lauderdale-West Palm Beach, FL, All Urban Consumers, Not Seasonally Adjusted, as published by the U.S. Bureau of Labor Statistics (BLS). The Base CPI Index for adjustments will be the Index published by the BLS for the referenced CPI Series in the month and year when the solicitation ended (or the month prior to the solicitation’s end date if the solicitation’s end month is not published by the BLS), and the Base Price shall be the contract’s initial price(s).

• The period used to calculate the adjustment will begin in the month when the solicitation ended (or the month prior to the solicitation’s end date if the solicitation’s end month is not published by the BLS) and will include as many months as have been published by the BLS at the time of the adjustment. (Refer to Attachment 1 – Sample Price Adjustment Calculation for additional information).

• An Awarded Bidder may initiate a request for price adjustment, the County will review such request as prescribed above and will grant the price adjustment as requested, negotiate with the Awarded Bidder to determine the appropriate price adjustment, or reject the request in its best interest. If the County elects to reject an Awarded Bidder's request for an adjustment, the Awarded Bidder is not excused from continuing to perform under the Contract. Failure of an Awarded Bidder to perform under these circumstances may result in such Awarded Bidder being deemed in breach of contract and the County terminating its Contract with such Awarded Bidder in accordance with Section 1-General Terms and Conditions, Paragraph 1.26-Termination for Default. Adjusted prices shall remain firm for at least twelve

(12) months; thereafter, prices may be readjusted as prescribed above. Any price adjustments authorized by the County shall be formalized by a Contract Modification, originated, and published by the Strategic Procurement Department. Under no circumstances should an Awarded Bidder invoice the County a price that is higher than the price authorized through the contract award or an approved Contract Modification.

2.9 METHOD OF PAYMENT AND INVOICING

The Awarded Bidder shall submit invoices and any associated backup documentation electronically or in hard copy format once a month, or as otherwise directed by MDAD, to the County as follows:

https://data.bls.gov/PDQWeb/cu https://data.bls.gov/PDQWeb/cu

Miami-Dade County Aviation Department PO Box 526624 Miami, FL 33152-6624 Attention: Accounts Payable

OR

Email to: payables@miami-airport.com

The County may at any time designate a different address and/or contact person by giving written notice to the other party.

Refer to General Terms and Conditions, Section 1.36, Invoices, for further requirements. No invoices shall be approved for payment unless the County has received all required reports listed in Section 3.17, Records Management.

2.10 EXAMINATION OF COUNTY SITES AND EQUIPMENT (Refer to Section 3.3, Initial Inspections)

By submitting an offer for this Solicitation, the Bidder acknowledges that they and their Subcontractors have become acquainted with and satisfied themselves as to the nature, location, and site of the Work to be performed on this Contract, the general and local conditions including, but not restricted to, the conformation and conditions of the Work area; and the character and state of the equipment. MDAD Sites are provided in Exhibit A – MDAD Sites and Equipment Location. No additional allowances will be made for lack of knowledge of these conditions. Failure on the part of the Bidder to entirely or correctly evaluate all matters which may in any way affect performance on this Contract or any factors of costs before bidding shall not form a basis for additional compensation, nor shall it relieve the Bidder of any obligation to perform Services as specified herein.

2.11 SMALL BUSINESS ENTERPRISE CONTRACT MEASURE

This Solicitation includes a Bid Preference contract measure for Miami-Dade County Certified Small Business Enterprises (SBEs). Refer to General Terms and Conditions, Section 1.45 - Small Business Enterprise Measures, for additional information.

2.12 INSURANCE

This section supersedes Section 1, Paragraph 1.22, (A)2 and (3), as outlined below:

2. Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence. Miami-Dade County must be shown as an additional insured with respect to this coverage.

3. 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 and $5,000,000 if operating vehicles on the Airfield Operations Area (“AOA”), combined single limit for bodily injury and property damage liability.

Section 1, Paragraph 1.22, (A) has been amended to include the following:

4. Environmental Liability Insurance of no less than $2,000,000.

2.13 NO PRE-EXISTING WARRANTY

All the existing equipment covered under this Contract and listed in Exhibit A - MDAD Sites and Equipment Location, has no warranty. The Awarded Bidder is solely responsible for all covered equipment from the date of award and is fully responsible for the equipment "as is."

mailto:payables@miami-airport.com

2.14 WARRANTY REQUIREMENTS

In addition to General Terms and Conditions, Section 1.7 - the Awarded Bidder shall provide:

A. WARRANTY OF SERVICES

The Awarded Bidder warrants that all Services performed under this Contract will, at the time of acceptance by the County, be free from defects in workmanship and conform to the requirements of this Contract. The County will give notice (verbal, text, and/or email) once the County becomes aware of the defect or nonconformance. The Awarded Bidder shall correct or reperform any defective or nonconforming Services within twenty-four (24) hours of the notice.

Any payments made by the County to the Awarded Bidder, whether partial or full, shall not constitute a waiver of warranty and any Services corrected or reperformed by the Awarded Bidder shall be subject to this clause to the same extent as Services initially performed.

If the Awarded Bidder fails or refuses to correct or reperform the Services as prescribed, the County WILL invoice the Awarded Bidder for the reimbursement of any or all payments made, to obtain the Services from another source and collect re-procurement costs from the Awarded Bidder, and/or terminate its Contract with the Awarded Bidder in accordance with General Terms and Conditions, Section 1.26-Termination for Default.

B. WARRANTY: 365 DAYS FOR PARTS AND REPAIRS

All parts delivered under this Contract shall be in accordance with General Terms and Conditions, Section 1.8-Materials Shall Be New and Warranted Against Defects.

In addition, the Awarded Bidder warrants that all repairs delivered under this Contract will be free from defects in workmanship and conform to the requirements of this Contract for a minimum period of 365 calendar days after the County’s acceptance. Warranties shall remain in force for at least 365 calendar days from the date of the County’s acceptance, regardless of whether the Awarded Bidder is under Contract with the County at the time of defect. The Epoxy coating shall be warranted against shrinkage, peeling, water leakage behind the epoxy, or rusting through the coating for a minimum period of five (5) years.

Should an item repaired by the Awarded Bidder under this Contract become defective or nonconforming to the Contract requirements while under warranty, the County will give notice (verbal, text, and/or email) once the County becomes aware of the defect or nonconformance. The Awarded Bidder shall correct or reperform any defective or nonconforming repair within twenty-four (24) hours of the notice, at no cost to the County.

Any payments made by the County to the Awarded Bidder, whether partial or full, shall not constitute a waiver of warranty and any parts replaced or repairs reperformed by the Awarded Bidder shall be subject to this clause to the same extent as the parts and repairs originally delivered.

If the Awarded Bidder fails or refuses to reperform a defective or nonconforming repair as prescribed, the County may charge the Awarded Bidder $200 for each calendar day that the repair remains incomplete, invoice the Awarded Bidder for the reimbursement of any or all payments made, obtain the repairs from another source and collect re-procurement costs from the Awarded Bidder, and/or terminate its Contract with the Awarded Bidder in accordance with General Terms and Conditions, Section 1.26- Termination for Default.

2.15 ACCEPTANCE OF GOODS BY THE COUNTY

Unless otherwise specified in the Purchase Order, the County will not pay for any delivered goods prior to inspection and acceptance. The Awarded Bidder shall deliver goods that are in full compliance with Section 1-General Terms and Conditions, Paragraph 1.8-Materials Shall Be New and Warranted Against Defects.

2.16 OMISSIONS FROM THE SPECIFICATIONS

The apparent silence regarding any omissions from the specifications shall not negate or infringe on the prime objective of the resultant contract agreement, which is to have all equipment at the specified Sites in optimal operating condition, in accordance with OEM specifications and standards throughout the life of this Contract. Only the best commercial practices are to prevail, and only materials and professional workmanship of the highest quality are to be used. All interpretation of these specifications shall be made upon the basis of this understanding.

2.17 CLEAN-UP OF WORKSITE(S)

The Awarded Bidder shall keep the chiller room and cooling tower area clean and well-maintained. All waste materials will be removed at the Awarded Bidder’s expense. The Awarded Bidder shall remove all tools, equipment, and rigging from the chiller room and cooling tower area immediately upon completion of any Service. The Awarded Bidder is responsible for keeping the Site free from trash, debris, excess materials, tools, and hazardous conditions.

For additional information, refer to the General Terms and Conditions, Section 1.56 - Clean-Up.

2.18 COMPLIANCE REQUIREMENTS

A. Protection of Property:

All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be protected against damage and interruption of Services, at all times by the Awarded Bidder during the term of this Contract. The Awarded Bidder shall be responsible for repairing or replacing any property damage caused by the Awarded Bidder to the satisfaction of the County, should it be damaged by reason of the Awarded Bidder operation on the property.

B. Personnel Identification:

All personnel employed by the Awarded Bidder, including any Subcontractor and Subcontractor’s employees when applicable, shall display at all times an identification badge which shall include the employee’s name, the employer’s name and either a physical description or a photograph of the employee.

C. Legal Requirements for Pollution Control and Environmental Protection:

It is the intent of these specifications to comply with the Miami-Dade County Environmental Protection Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance is made a part of these specifications by reference and may be obtained at the following link: Miami-Dade County Environmental Protection Ordinance, or if necessary, by contacting the Department of Regulatory and Economic Resources (RER), 701 NW 1 Court, Suite 400, Miami, FL 33136, Telephone (305) 372-6789.

D. Disposal of Wastewater and Hazard Waste:

Wastes may be generated at various MDAD Sites after draining or flushing out a chiller system onsite. Any such waste must be discharged to sanitary sewers only if the waste meets sewer standards and only with the approval of Project Manager or designee. If sewers are not available, if the waste does not meet standards, or if discharge approval is not granted, the Awarded Bidder must arrange offsite disposal at a permitted wastewater disposal facility.

https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH24ENPRBIBAENDEAQPACOARBIBAENENTRFUENENLAPR https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH24ENPRBIBAENDEAQPACOARBIBAENENTRFUENENLAPR

Waste oil, empty refrigerant containers, empty oil containers, water treatment chemical containers not currently in use, all used parts, and other materials shall be disposed of immediately after the completion of each Service visit. In the event that hazardous waste is generated as defined by U.S Environmental Protection Agency, or the Florida Department of Environmental Protection, it must be disposed in accordance with all Local, State, and Federal laws. At the completion of any disposal transaction, a copy of the completed final manifest for any related hazardous materials shall be submitted by the Awarded Bidder to the County, upon the County’s request.

E. MDAD Environmental Policy Compliance:

In addition to General Terms and Conditions, Section 1.14 Federal, State and Local Requirements Compliance, the Awarded Bidder shall comply with Attachment 2 - Miami-Dade Aviation Department Environmental Policy.. The Awarded Bidder shall conduct Contract activities in accordance with all such applicable requirements, regulations, directives, ordinances, and other governmental authorizations, and certifies that all required licenses, certifications, and permits are current and available upon request to the County. The Awarded Bidder acknowledges that it is responsible for ensuring that its employees and Subcontractors who perform Services on Site during the term of the Contract shall receive and review all relevant information and material.

F. ISO 14001 Compliance:

The Awarded Bidder and their Subcontractors working at Miami-Dade Aviation Department, are subject to compliance with ISO 14001, the internationally recognized standard for environmental management systems. The Awarded Bidder will receive environmental responsibility training and familiarization about the ISO 14001 protocol from the Miami-Dade Aviation Department’s Facilities Maintenance Division.

G. MDAD Operational Directive No. 25-01

The Awarded Bidder shall adhere to MDAD’s Operational Directive No. 25-01 – Disposal of Waste and Recyclable Material from the Air Operations Area at Miami International Airport.

https://www.miami-airport.com/library/ODs/2025/25-01%20Disposal%20of%20Waste%20and%20Recyclable%20Material%20from%20the%20Air%20Operations%20Area%20at%20Miami%20International%20Airport.pdf

2.19 ADDITION/DELETION OF SITES AND EQUIPMENT

A. Sites

During the term of the Contract, the County may require Services in additional Sites. Under these circumstances, a County representative may obtain a price quote from the Awarded Bidder for Services in the additional Site(s). The County reserves the right to award these Services to an Awarded Bidder based on the price quoted, to negotiate a price for these Services with an Awarded Bidder, or to acquire the Services through a separate Solicitation.

During the term of the resultant contract agreement, the County may need to discontinue Services in some Sites. Under these circumstances, the County representative will notify the Awarded Bidder at least fourteen

(14) calendar days prior to the required discontinuation.

All additions or deletions of Services authorized by the County shall be formalized by a Contract Modification, originated, and published by the Miami-Dade County Strategic Procurement Department (SPD). Under no circumstances should an Awarded Bidder commence servicing a new Site or stop servicing a Site under Contract without an executed Contract Modification.

B. Equipment

During the term of the Contract, the County may require additional equipment like that listed in this Solicitation. Under these circumstances, a County representative may obtain a price quote from the Awarded Bidder. The County reserves the right to award the additional equipment to an Awarded Bidder based on the price quoted, to negotiate a price with an Awarded Bidder for the additional equipment, or to acquire the equipment item through a separate Solicitation. All additional equipment authorized by the County shall be formalized by a Contract Modification, originated, and published by SPD.

2.20 ADDITIONAL SERVICES

During the term of the Contract, the County may require additional Services like those listed in this Solicitation.

Additional Services under this Contract are considered to be any work not covered under this Solicitation, but that is part of the HVAC, Auxiliary, and Water Treatment Equipment. Under these circumstances, Project Manager or designee will obtain a price quote from the Awarded Bidder servicing that Zone at its hourly rates awarded under this Contract when performed Monday through Friday between the hours 8:00 a.m. to 5:00 p.m., including the County observed holidays and at the time and a half (1-1/2) when performed at any other time, including County observed holidays. The cost of parts shall be paid on a cost “pass-thru” basis whereby the Awarded Bidder shall charge MDAD the same invoice prices charged by their parts supplier at a mark-up not to exceed 10% from the Awarded Bidder’s actual cost. If requested, damaged and/or worn parts shall be submitted to MDAD for inspection. The County reserves the right to award the additional Services to an Awarded Bidder based on the price quoted, to negotiate a price with an Awarded Bidder for the additional Service, or to acquire the additional Service through a separate Solicitation.

All additions of Services authorized by the County shall be formalized by a Contract Modification, originated, and published by the SPD.

The holidays observed by County are: New Year's Day, Martin Luther King, Jr. Day, President's Day, Law Enforcement Appreciation Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. The current schedule of Observed County Holidays is available from the Miami-Dade County Human Resources Department Observed County Holidays Webpage; the following weblink is provided for the Bidder’s convenience:

https://www.miamidade.gov/global/humanresources/holidays.page.

https://www.miamidade.gov/global/humanresources/holidays.page

2.21 EXCLUDED SERVICES

2.22.1 Maintenance and repair of controls which are part of the Building Management System (BMS) are excluded from the Services to be provided under this Contract. The BMS is the system used to monitor and manage the mechanical, electrical and electromechanical services at the site in the facility.

The Awarded Bidder should inspect the controls as specified in Section 3.3, Initial Inspection, and if any deficiencies are identified, the Awarded Bidder shall immediately notify the Project Manager or designee.

2.22.2 The removal of material(s) containing asbestos is excluded from the Services to be provided under this

Contract. If any material is suspected of containing asbestos, the Awarded Bidder shall not disturb the suspected material and shall immediately notify the Project Manager or designee.

2.22 FUTURE REPLACEMENTS OF EXISTING SYSTEMS/COMPONENTS

MDAD may request prices/proposals for future replacements of systems or any major components. Upon receiving the request from the Project Manager, or designee, the Awarded Bidder shall provide a price quote for the replacements. MDAD reserves the right to negotiate the statement of work and price quote(s). In the event that the Project Manager, or designee, opts to proceed with the purchase of future replacements of systems or any major components, such shall be memorialized in writing by the County through the issuance of a modification to the Contract. Additionally, the use of chlorofluorocarbon and halon-containing refrigerants, solvents, and other products shall be phased out, and new purchases of heating, ventilation, air conditioning, and refrigeration systems shall not contain them.

2.23 SUBCONTRACTING

The Awarded Bidder shall be the primary Service provider(s). The Awarded Bidder will be permitted to Subcontract portions of the Work to competent Subcontractors for: water treatment services, Eddy Current Testing, oil analysis, electrical work, pipe welding, insulation, crane services and other trades, except HVAC.

The company name, contact person, and a copy of their license/certificate shall be submitted to the Strategic Procurement Department for approval. The Subcontractors are the responsibility of the Awarded Bidder and not the County’s. All Subcontractors performing Work for the County shall be duly licensed prior to the commencement of any Work during the Contract period.

The Awarded Bidder shall be fully responsible to the County for acts and omissions of the Subcontractors and persons employed by them, as they are for acts and omissions of persons directly employed by them.

Any Work or Service to be performed by a Subcontractor must have the prior approval of the County. The County reserves the right to approve, disapprove, or dismiss any Subcontractors. Rejection of any Subcontractor shall not entitle the Awarded Bidder to an adjustment to their Bid prices. The Awarded Bidder shall inform the County prior to scheduling any Subcontractor’s visit to any County Site.

Failure by the Awarded Bidder to have a Subcontractor approved by the County will not relieve the Awarded Bidder of the responsibility to meet, comply with, and fulfill all of the terms and conditions of the Contract.

Nothing contained in this Solicitation shall be construed to create a contractual relationship between any Subcontractor and the County.

2.24 COUNTY USER ACCESS PROGRAM (UAP)

General Terms and Conditions, Section 1.37 does not apply to this Solicitation.

2.25 CREDENTIALING/BADGING/PARKING

The Awarded Bidder shall be subject to all MDAD requirements, U.S. Transportation Security Administration (TSA), and U.S. Customs and Border Protection (CBP) mandates, pertaining to the issuance of airport identification badges, including personnel completion of the Security Identification Display Area (SIDA) training conducted by MDAD, and respective background checks required by the TSA and CBP Unescorted Access Privilege Rule. The Awarded Bidder shall be required to follow the requirements for credentialing, badging, and parking. All personnel working need to be badged before Work commences. Refer to the Miami International Airport (MIA) ID Badging Information updated rates published at https://www.miami-airport.com/id_badging_info.asp

2.26 ESCORT AT AIRCRAFT/AIRSIDE OPERATING AREA

When performing Work at the MDAD, the Awarded Bidder shall acquire approval to access the Airside Operations Area (AOA) and comply with all AOA drivers’ training requirements for each employee assigned to MIA. The Awarded Bidder shall report to the MDAD’s Facilities Maintenance Division, Building 3030. MDAD will monitor the placement of the Awarded Bidder’s equipment at each Site. Upon completion of the Work, the Awarded Bidder shall call the maintenance office to arrange for inspection and, if required, escort out of the AOA. Any violations of this requirement by the Awarded Bidder may result in the immediate cancellation of its Contract with the County.

2.27 TITLE VI SOLICITATION NOTICE

As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21) including amendments thereto, the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on December 29, 2025 Page 27 This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department’s and FAA’s Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law

2.28 FORCE MAJEURE

This section supersedes General Terms and Conditions, Section 1.59 Force Majeure, is being replaced by the following:

Performance by each party shall be pursued with commercially reasonable efforts in all requirements under this Agreement; however, except as otherwise expressly provided herein, neither party shall be liable to the other for any loss or damage for delay due to causes that (i) were beyond the reasonable control and (ii) were not caused by the negligence or lack of commercially reasonable efforts of the affected party or its subcontractors or suppliers. The parties agree that, provided the conditions stated in (i) and (ii) above apply, the following are causes or events of force majeure: acts of civil or military authority (including courts and regulatory agencies), https://www.miami-airport.com/id_badging_info.asp https://www.miami-airport.com/id_badging_info.asp acts of God (excluding normal or seasonal weather conditions), riot or insurrection, inability to obtain required permits or licenses, blockades, embargoes, sabotage, epidemics and unusually severe floods, or acts or decisions of the Federal Aviation Administration, the Department of Transportation, the Transportation Security Administration, or the Environmental Protection Agency. The party affected shall provide written notice to the other party indicating the nature, cause, date of commencement thereof, the anticipated extent of such delay and whether it is anticipated that any completion or delivery dates will be affected thereby, and shall exercise due diligence to mitigate the effect of the delay. The parties agree that the commercial impacts of COVID-19 are currently known to the parties, and that commercial impacts related to COVID-19 shall not constitute force majeure events.

In the event of any delay resulting from such causes and provided the affected party has promptly notified the other and exercised commercially reasonable efforts as provided in subsection a) above the time for performance under this Agreement (including the payment of monies) shall be extended for a period of time reasonably necessary to overcome the effect of such delay.

2.29 TRUST AGREEMENT

2.29.1 Incorporation of Trust Agreement by Reference: Notwithstanding any of the terms, provisions and conditions of this Agreement, it is understood and agreed by the parties hereto that the provisions of the Amended and Restated Trust Agreement dated as of the 15th day of December, 2002 as amended from time to time, by and between the County and the JP Morgan Chase Bank as Trustee and Wachovia Bank, National Association as Co-trustee (“the Trust Agreement”), which Trust Agreement is incorporated herein by reference, shall prevail and govern in the event of any inconsistency with or ambiguity relating to the terms and conditions of this Agreement, including the rents, fees or charges required herein, and their modification or adjustment.

Copies of the Trust Agreement are available for inspection in the offices of the Department during normal working hours.

The Amended and Restated Trust Agreement link:

https://www.miami-airport.com/library/pdfdoc/Propertise/Amended%20and%20Restated%20Trust%20Agreement%202002.pdf

2.29.2 Adjustment of Terms and Conditions: If, at any time during the term or any extension thereto, as applicable, of this Agreement, a court of competent jurisdiction shall determine that any of the terms and conditions of this Agreement, including the rentals, fees and charges required to be paid hereunder to the County by the Lessee or by other Lessees under other Agreements of the County for the lease or use of facilities used for similar purposes, are unjustly discriminatory, the County shall have the right to modify such terms and conditions and to increase or otherwise adjust the rentals, fees and charges required to be paid under this Agreement in such a manner as the County shall determine is necessary and reasonable so that the rentals, fees and charges payable by the Lessee and others shall not thereafter be unjustly discriminatory to any user of like facilities and shall not result in any violation of the Trust Agreement or in any deficiency in revenues necessary to comply with the covenants of the Trust Agreement. In the event the County has modified the terms and conditions of this Agreement, including any adjustment of the rentals, fees and charges required to be paid to the County pursuant to this provision, this Agreement shall be amended to incorporate such modification of the terms and conditions including the adjustment of rentals, fees and charges upon the issuance of written notice from the Department to the Lessee.

2.30 REPORTING AND PAYMENT UPON TERMINATION

Prior to the expiration of the Contract, the County may inspect all equipment serviced by the Awarded Bidder and document any deficiencies. The Awarded Bidder will be notified in writing of the deficiencies that have been https://www.miami-airport.com/library/pdfdoc/Propertise/Amended%20and%20Restated%20Trust%20Agreement%202002.pdf https://www.miami-airport.com/library/pdfdoc/Propertise/Amended%20and%20Restated%20Trust%20Agreement%202002.pdf identified and will be required to remedy the deficiencies at least ten (10) calendar days prior to the end of the Contract. The said remedy will be subject to County inspection and approval.

If the Awarded Bidder fails to generate and produce an acceptable remedy within the stated timeframe, the County, at its sole discretion, may take appropriate action to remedy the situation by whatever means chosen in its best interest, and the cost of such shall be borne by the Awarded Bidder. Only after deficiencies have been corrected will the final payment be made to the Awarded Bidder, less the costs incurred by the County to remedy any deficiencies.

2.31 ALLOWANCE ACCOUNT

An allowance account in a total amount not to exceed twenty percent (20%) of the resultant contract agreement amount is established to pay for the following contingencies:

• CPI Price Adjustment

• Additional Sites/Equipment

• Additional Services

• Future Replacements of Existing Systems/Components

• Spare Parts and Replacement Parts & Components

Allowance account expenses shall be approved by the County in advance and authorized by a purchase order.

Any portion of the aforementioned not-to-exceed amount for which payment is not authorized in writing by the Project Manager shall remain the property of the County.