1583 Starr Mechanical, Inc Piggyback City of Orl ti CN
SINT I 1
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'=, k i UpRI� Thursday, June 13, 2013
9
PURCHASING DEPARTMENT , °°+
TRANSMITTAL MEMORANDUM
To: City Clerk/City Manager
RE: Starr Mechanical, Inc Piggyback with the City of Orlando No. IFB 10.0446/DB HVAC
1 Mechanical Services less than $50,000
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
n Development Order Mayor's signature
n Final Plat (original mylars) 1 1 Recordin:
n Letter of Credit lIl ' end - : • . (0 /� /„ / 13
n Maintenance Bond (►3 S: a keeping (Vault) �pC�lJ
Ordinance �-• L - : - _
1 1 Performance Bond n Payment Bond
n Resolution City Manager Signature
X City Clerk Attest /Signature
Once completed, please:
n Return originals to Purchasing
n Return copies
n
Special Instructions:
,/ I \
Marisol Or ofiiez ; aftiott9 (,0 (3 ,1
From Date
e ` � -- -�
T: \Dept_forms \City Cle raT ngmittal-NIrTio'- �
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- 187 1
DOCUMENT APPROVAL 6/ 1 3120 1 3 2:1 0 PM
Contract Agreement Name: Starr Mechanical, Inc Piggyback with the City of Orlando
No. IFB10.0446 /DB HVAC Mechanical Services less than $50,000
3\1
Purchasin Manager Date
CLAKCI 1:0 \-).-A"--&SQ-4A
Finance Director Date
iliffieffint Aar 6
ity Attorney Date
Starr Mechanical, Inc. Piggyback Contract
The City of Sanford ( "City ") enters this "Piggyback" Contract with Starr Mechanical, Inc.
(hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter
provided. The City and the Vendor agree that the prior agreement between the parties
is revised and supplemented as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts.
Pursuant to this procedure, the City is allowed to piggyback an existing government
contract, and there is no need to obtain formal or informal quotations, proposals or bids.
The parties agree that the Vendor has entered a contract with City of Orlando, said
contract being identified as "Annual Agreement For HVAC Mechanical Services"
(Contract Number IFB10- 0446/DB), (said original contract being referred to as the
"original government contract ").
2. The original government contract is incorporated herein by reference and is
attached as Exhibit "A" to this contract. All of the terms and conditions set out in the
original government contract are fully binding on the parties and said terms and
conditions are incorporated herein.
3. Notwithstanding the requirement that the original government contract is fully
binding on the parties, the parties have agreed to modify certain technical provisions of
the original government contract as applied to this Contract between the Vendor and the
City, as follows:
a). Time Period ( "Term ") of this Contract: (state N/A if this is not applicable).
N /A.
1 1Page
b) Insurance Requirements of this Contract: (state N/A if this is not
applicable). N /A.
c) Any other provisions of the original government contract that will be
modified (state N/A if this is not applicable):
(i). The parties agree to comply, in all respects, with the Federal Davis -Bacon
Act as described and depicted in the documents which constitute and is attached hereto
as the composite Exhibit "B" to this Contract and said documents are incorporated
herein by reference.
(ii). The Vendor agrees to comply, in all respects, with the requirements of the
Federal rules, requirements and law as described and depicted in Exhibit "C" to this
Contract which document is attached hereto and is incorporated herein by reference.
(iii). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park
Avenue; Sanford, Florida 32771. The City Manager's designated representative for this
Contract is Mr. Andrew Thomas, Senior Project Manager, City of Sanford, 300 North
Park Avenue; Sanford, Florida 32771, telephone number (407) 688 -5000 (Extension
5132) and whose e-mail address is: andrew.thomas
d) Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation
between the parties arising out of this Contract shall be in Seminole County, Florida in
the Court of appropriate jurisdiction. The law of Florida shall control any dispute
21Page
between the parties arising out of or related to this Contract, the performance thereof or
any products or services delivered pursuant to such Contract.
e) Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the
parties arising out of this Contract. Dispute resolution shall be through voluntary and
non - binding mediation, negotiation or litigation in the court of appropriate jurisdiction in
Seminole County, Florida, with the parties bearing the costs of their own legal fees with
respect to any dispute resolution, including litigation.
f) All other provisions in the original government contract are fully binding on
the parties and will feprewit the agre- o ent b tween the City and the Vendor.
Entered this 2e5 day of 4!-� , 2013.
Attest: Starr Mechanical, Inc.
A 7
Sarah M. Starr Justir(N. Starr
Vice President and Witness # 1 President
Date: 51,3()//
.)$ / i
Printed Nal -: r e� FF QQ'p ze`\
Witness # ` J
Attest: City Of Sanford
4'6,'0-' /t (, By: -...011111• Ja t Dougherty, City Cle V Norton N. =onaparte r.
O - 7 City Man- , - = • elegation)
Approves, ,s to form and legal suffi • -n y.
Si, __
iam L. Colbert City Attorney
kOn. 1 tr 6v
tr 3I Page
Exhibit A
CityofOrlando
Solicitation No.
I F B 10 -0446 D B
(said original government contract)
1I V Al- mecnanican services Amendment No_ One
IFB10 -0446
AMENDMENT NUMBER ONE TO AGREEMENT
DATED NOVEMBER 1, 2010
BETWEEN CITY OF ORLANDO AND STARR MECHANICAL, INC.
THIS AMENDMENT TO AGREEMENT is made and entered into this L day of
August, 2011, by and between the City of Orlando, a municipal corporation organized and existing
under the laws of the State of Florida, hereinafter referred to as the "City" and Starr Mechanical, Inc.,
hereinafter referred to as the "Contractor ".
WHEREAS, the City and the Contractor entered into an Agreement ( "the Agreement ") under
the date of November 1, 2010, whereby the latter would provide barricade rental; and
WHEREAS, the City and the Contractor desire to amend the scope of services of said
Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties agree to the Disaster Relief and Recovery Provisions as follows:
SCOPE OF SERVICE
The Scope of Service is hereby amended to include "Disaster Relief and Recovery
Provisions" as noted in Exhibit "A" of this amendment.
In all other respects, and except as specifically modified and amended herein, the Agreement
dated November 1, 2010, shall continue in full force and effect as written and the parties hereto agree
to be bound thereby.
************************************************** * * * * * * * ** * * * * * * * * * * * * * * * * * * * * **
Page 1 of 2
HVAC Mechanical Services Amendment No. One
IFB10 -0446
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first
written above.
PURCHASING AND MATERIALS APPROVED AS TO FORM AND LEGAL
MANAGEMENT DIVISION for the use and reliance of the
CITY OF ORLANDO, FLORIDA City of Orlando, Florida, only.
Director of Purchasing Date: 2011
RHONDA S. ULMER, C.P.M., CPPO, FCCN
Name, Typed or Printed
CI TTORNEY
Date: 7 , 2011 0 ANDO, FLORIDA
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CONT OR
By:
Signs
3USfi6YI Stair r , �'( \CQ�t(\�" CORPORATE SEAL
Nasyatl Typed or Printed kcal I
Name of Com pany Corp., etc.
Mailing Address
,�-� `
�
(za 3 1
City O and,p ct c9 55 �-
Area Code/Telephone Number
STATE OF F\an.
COUNTY OF C:
The foregoing instrument was acknowledged before me this 1 day of lTA , 2011, by
S Rky"i as the �CO2 KI , on behalf of NOZONVArik
He/she (is) person, ,ally mogai..tw me or (has) produced (type of identification)
WITNESS my hand and official seal this 1 • ay of fl , 2011.
/, itC694A-/
Notuy Pub&c State of Maids (S ' ) 1 ' M c .a� ooaes4�e Tina re of Person eking Acknowledgment
'ido Expf s 04/23/2014 Oied-Ce)
Typed, Printed or Stamped Name of Person
Taking Acknowledgment
My Commission Expires:
Page 2 of 2
HVAC Mechanical Services Amendment No. One
IFB10 -0446
EXHIBIT "A"
DISASTER RELIEF AND RECOVERY PROVISIONS
HVAC Mechanical Services
Amendment No. One
LFB10 -0446
Disaster Relief and Recovery Provisions
1. Indemnity of Funding Entities. Contractor agrees to indemnify and hold harmless the State of
Florida, the Federal Government and its agencies (including but not limited to the Federal Emergency
Management Agency ( "FEMA ")) and the City, and their officers, agents, employees and elected officials,
from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits,
proceedings, actions, and cost of actions, including attorneys' fees for trial and appeal, and for the
preparation of same arising out of the Contractor's, its officers', agents', employees' and subcontractors'
acts or omissions associated with this Contract.
2. Additional Remedies. In addition to any other remedies provided for in the Contract or to which the
City may be entitled at law or in equity, in the event of a breach or violation of the Contract by
Contractor, Contractor shall be subject to debar or suspension from consideration for the award of
additional contracts from the City, including but not limited to contracts related to disaster relief or
recovery, pursuant to the terms and procedures set forth in Chapter 7 of the City Code.
3. Termination for Convenience. The City may terminate the Contract at its convenience with or
without cause upon written notice of termination to Contractor. In the event of such a termination by the
City, the City shall be liable for the payment of all work properly performed prior to the effective date of
termination and for all portions of materials, supplies, services, and facility orders which cannot be
cancelled and were placed prior to the effective date of termination and other reasonable costs associated
with the termination. Notwithstanding the preceding, under no circumstances shall the City be liable to
Contractor for lost profits or overhead for work, materials or services not performed or delivered to the
City.
4. Equal Employment Opportunity. Contractor shall comply with Section 13.36(e) of Title 44 of the
Code of Federal Regulations entitled, "Emergency Management and Assistance." In addition, if the
Contract is a construction contract in excess of ten thousand dollars ($10,000.00), Contractor and its
subcontractors shall also comply with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60). To the extent that such Orders
and regulations apply and require the inclusion of any language into the Contract (including but not
limited to the language contained in 41 CFR 60- 1.4(b) and 60 -4.3 if required), such language shall be
deemed included and made a part of the Contract as if fully reproduced therein.
5. Anti - Kickback. If the Contract is for construction or repair, Contractor and its subcontractors shall
comply with and shall take no action which would violate the Copeland "Anti - Kickback" Act (18 U.S.C.
874) as supplemented in Department of Labor regulations (29 CFR Part 3).
6. Davis -Bacon Act. If the Contract is a construction contract in excess of two thousand dollars
($2,000.00) and if required by the applicable federal grant program legislation, Contractor and its
subcontractors shall comply with the provisions of the Davis - Bacon Act (40 U.S.C. 276a to 276a -7) as
•
supplemented by Department of Labor regulations (29 CFR Part 5). For purposes of clarification and
mutual understanding, the Davis -Bacon Act does not apply to debris removal agreements PP Y gr unless done in
conjunction with a construction ro'ect.
P J
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HVAC Mechanical Services Amendment No. One
1FB10 -0446
7. Contract Work Hours and Safety Standards Act. If the Contract is a construction contract in
excess of two thousand dollars ($2,000.00) or any other type of contract which involves the employment
of mechanics or laborers in excess of two thousand five hundred dollars ($2,500.00), Contractor and its
subcontractors shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5). To the
extent that such statutes and regulations apply and require the inclusion of any language into the Contract,
such language shall be deemed included and made a part of the Contract as if fully reproduced therein.
8. Reporting Requirements; Patent and Copyrights. Contractor and its subcontractors shall comply
with and the Contract is subject to the requirements and regulations of FEMA, and the State of Florida,
Department of Community Affairs, pertaining to:
(i) reporting;
(ii) patent rights with respect to any discovery or invention which arises or is developed in the
course of or under the Contract; and
(iii) to copyrights and rights in data,
applicable to contracts subject to payment or reimbursement from funding made pursuant to a Disaster
Relief Funding Agreement (or similar agreement) with the City. The federal awarding agency (and, if
applicable, any intermediary state agency) and the City shall have a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for
governmental purposes (i) the copyright in any work developed under a grant, subgrant, or contract under
a grant or subgrant, and (ii) any rights of copyright to which a grantee, subgrantee or a contractor
purchases ownership with grant support.
9. Access to Records. Contractor and its subcontractors shall permit access by the State of Florida, the
City of Orlando, any requesting Federal agency, the Comptroller General of the United States, or any of
their duly authorized representatives to any books, documents, papers, and records of the Contractor and
its subcontractors which are directly pertinent to the Contract for the purpose of making audit,
examination, excerpts, and transcriptions.
10. Record Retention. Contractor and its subcontractors shall retain all records related to the Contract
for five (5) years after receipt of final payment under the Contract and all other pending matters related to
the Contract are closed. If any litigation, claim or audit is started before the expiration of the five (5) year
period, the records shall be retained until all litigation, claims or audit findings involving the records have
been resolved. Notwithstanding the preceding for work performed related to a disaster event for which
the City has applied for reimbursement or funding from FEMA, all records shall be retained for the longer
of the period set forth above or five (5) years from the date of final closeout of the disaster by the federal
agency.
11. Environment Regulations. If the Contract is in excess of one hundred thousand dollars
($100,000.00), Contractor and its subcontractors shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations
(40 CFR part 15). Contractor and its subcontractors shall incorporate these requirements into all
subcontracts in excess of one hundred thousand dollars ($100,000.00).
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HVAC Mechanical Services Amendment No. One
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12. Energy Efficiency. Contractor and its subcontractors shall comply with all mandatory standards and
policies relating to energy efficiency which are contained in the State of Florida energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94 -163, 89 Stat. 871).
13. E- Verify Program. The Contractor shall utilize the U.S. Department of Homeland Security's E-
Verify system, in accordance with the terms governing use of the system, to confirm the employment
eligibility of all persons employed by the Contractor during the term of the Contract to perform
employment duties within Florida and all persons, including subcontractors and subconsultants, assigned
by the Contractor to perform work pursuant to the Contract with the City. The Contractor shall provide to
the City, within thirty (30) days of the effective date of this Contract, documentation of such enrollment in
the form of a copy of the E -Verify "Edit Company Profile" screen ", which contains proof of enrollment in
the E -Verify Program (this page can be accessed from the "Edit Company Profile" link on the left
navigation menu of the E -Verify employer's homepage). Contractor further agrees that it will require
each subcontractor that performs work under this Contract to enroll and participate in the E -Verify
Program on the same terms as Contractor. Contractor shall obtain from its subcontractor(s) a copy of the
"Edit Company Profile" screen indicating enrollment in the E -Verify Program and make such record(s)
available to the City upon request.
14. Title VI Compliance. Title VI of the Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that,
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program or activity
receiving Federal financial assistance." Contractor, for itself, its
delegates, successors-in-interest, its
assigns, and its subcontractors, and as a part of the consideration hereof, does hereby covenant and agree
that:
(i) it shall comply with Section 601 of Title VI of the Civil Rights Act, 42 U.S.C. 2000, set forth
above; and
(ii) it shall not discriminate on the basis of race, color, national origin, or sex in the performance
of this Contract. The failure by the Contractor to carry out these requirements is a material breach of this
Contract, which may result in the termination of this Contract or such other remedy as the CITY deems
appropriate as set forth below; and
(iii) in the furnishing of services to the CITY hereunder, no person shall be excluded from
participation in, denied the benefits of, or otherwise subjected to discrimination in regard to this Contract
on the grounds of such person's race, color, creed, disability, national origin, religion or sex.
In the event of a breach of any of the nondiscrimination and other covenants described in this paragraph,
such breach shall constitute a breach of the Contract and the CITY shall have the right to immediately
terminate the Contract in whole or in part, without liability, or seek such other remedy(ies) as the CITY
deems appropriate, including but not limited to suspension or debarment from future CITY contracts. In
addition to the City, the United States shall also have the right to enforce such laws and regulations. This
nondiscrimination is in agreement with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d to 2000d -7. Contractor shall require that all of its subcontractors agree and comply with the
requirements of this paragraph.
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15. Debarment; Ineligibility. The Contractor certifies that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by any Federal department or agency. Contractor shall not employ any
subcontractor that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any Federal department or agency. Contractor shall
include such requirement in writing in its subcontracts. In the event that Contractor or any of its
subcontractors becomes debarred, suspended, proposed for debarment, ineligible or excluded from
performing any work hereunder, Contractor shall immediately cease, or cause its sub - contractor to cease,
all work and notify the City in writing. Contractor and its subcontractors shall execute and submit to the
City prior to performing any work hereunder a certification in the form and content of Attachment 1 to
this Exhibit.
16. Convicted Vendor List. A person or affiliate 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 a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of
thirty -six (36) months from the date of being placed on the convicted vendor list. Contractor shall
immediately notify City in writing and cease all work (or cause the applicable subcontractor to cease all
work) in the event that it or a subcontractor is placed on the convicted vendor list.
17. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or
affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of
Management Services, may not submit a bid on a contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity
and may not transact business with any public entity. Contractor shall immediately notify City in writing
and cease all work (or cause the applicable subcontractor to cease all work) in the event that it or a
subcontractor is placed on the discriminatory vendor list.
18. Lobbying. Contractor shall comply with 44 CFR, Part 18 regarding lobbying activities related to
federal grants and contracts. Contractor shall include such requirement in writing in its subcontracts.
Contractor and its subcontractors shall execute and submit to the City prior to performing any work
hereunder a certification in the form and content of Attachment 2 to this Exhibit.
19. Fees and Commissions. Contractor warrants that it has not:
(i) employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration any company or person, other than bona fide personnel working solely for
Contractor, to solicit or secure this Contract;
(ii) agreed, as an express or implied condition for obtaining this contract, to employ or retain
the services of any firm or person in connection with carrying out this contract; and
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(iii) that it has not paid, or agreed to pay, or given or offered any fee, contribution, donation,
commission, percentage, brokerage, consideration, gift, loan, or anything of value (Value)
to
any person, company, corporation, individual, organization or firm, other than bona fide
personnel working solely for Contractor, in connection with, consideration for, or
contingent upon, or resulting from the award or making of this Contract.
Contractor further warrants and agrees that no member of, or delegate to, the Congress of the United
States will be admitted to any share or part of this contract or to any benefit arising therefrom. It is
understood and agreed to by Contractor that, for the breach or violation of this paragraph, the City shall
have the right to immediately terminate this Contract without liability and at its sole discretion, and to
deduct from the contract price, or to otherwise recover, the full amount of any Value.
20. American with Disabilities Act of 1990 ( "ADA "). Contractor and, as required, its subcontractors
shall comply with the ADA, the regulations of the Federal government issued thereunder, and assurance
by the City of Orlando pursuant thereto.
21. Subcontracting; Payment to Subcontractors. Contractor shall self perform such percentage of the
work related to a Disaster Event as may be required by the state or federal program providing
reimbursement. With respect to all work under the Contract, Contractor shall pay each of its
subcontractors, for all work satisfactorily performed within 30 days from receipt of payment from the
City. Contractor further agrees to return retainage payments to each subcontractor within 30 days after
the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the
above referenced time frame may occur only for good cause following written approval of the City.
22. State and Federal Law; Inclusion in Subcontracts. Contractor and its subcontractors (of all tiers)
shall comply with and be bound by the provisions of all applicable federal, state and local laws, rules and
regulations governing the work performed hereunder, including all licensing requirements. In addition,
Contractor and its subcontractors (of all tiers) shall comply with all laws, rules and regulations applicable
to each program under which the City is eligible for funding for payment or reimbursement for work
performed by the Contractor, including but not limited to The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 USC 5121) and related regulations contained in Title 44 of the Code of
Federal Regulations for disaster relief work. Contractor shall physically incorporate a copy of this Exhibit
and all attachments hereto, in all subcontracts of all tiers. In the event of any ambiguity or question by
Contractor or any of its subcontractors of any tier regarding the program under which the City is or will
be seeking payment or reimbursement for any work, Contractor shall immediately contact the City and
request clarification from the City prior to proceeding with the work or authorizing a subcontractor to
proceed with such work.
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HVAC Mechanical Services Amendment No. One
LFB10 -0446
ATTACHMENT 1 TO EXHIBIT "A"
TO DISASTER RELIEF AND RECOVERY PROVISIONS EXHIBIT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS
It is certified that neither the below - identified firm nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
Name of Contrac • 1.11. it A Li CO r
By: _ Date: 8/I ) J 1
Authorized Signature
Title:
Instructions for Certification
1. By signing and submitting this certification, the Contractor (referred to hereinafter as prospective
lower tier participant) is providing the certification set out above.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the federal government, the federal government, State of Florida, and the City may pursue
available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if, at any time, the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," " person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of the rules implementing Executive Order 12549. You may contact the person
to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
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6. The prospective lower tier participant further agrees by submitting this proposal that it -will include
this certification clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not debarred, suspended, proposed for debarment,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the
List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant are not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
debarred, suspended, proposed for debarment, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the federal government,
the federal government, State of Florida, and the City may pursue available remedies, including
suspension and/or debarment.
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HVAC Mechanical Services Amendment No. One
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ATTACHMENT 2 TO EXHIBIT "A"
TO DISASTER RELIEF AND RECOVERY PROVISIONS EXHIBIT
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL -AID CONTRACTS
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance
with its instructions. (Standard Form -LLL can be obtained from the Florida Department of
Transportation's Professional Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier subcontracts which exceed $100,000
and that all such subrecipients shall certify and disclose accordingly.
Name of Contractor: �� ;; rt � �y at_ > ea
By: 40 Date: AM 1 f
(Authorized Signature) `
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Title:3`CP
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IIVAC Mechanical Services
IFB10 -0446 / DB
ANNUAL AGREEMENT FOR HVAC MECHANICAL SERVICES
THIS AGREEMENT ( "Agreement "), effective as of the ,
6 day of
2010, is made by and between the City of Orlando, a municipal corporation existing under the laws of the
State of Florida, hereinafter referred to as the "City" and Starr Mechanical, Inc., hereinafter referred to as
the "Contractor ". For good and valuable consideration, the receipt and sufficiency of which are hereb
acknowledged by the parties, the parties agree as follows: y
1 . SCOPE
The Contractor is to perform the Work as defined in the Invitation to Bid and amendments, if any,
the Invitation to Bid and any amendments thereto being attached hereto as Exhibit "A ",
incorporated by reference herein and made a part hereof as full as if herein erein set forth.
Unless otherwise specified herein, erem, the Contractor
is to fiunish all materials, tools, equipment,
manpower, and consumables to complete the Work.
IL TERM OF AGREEMENT
The period of this Agreement shall be for thirty-six (36) months, beginning on November 1, 2010,
and ending on October 31, 2013. This Agreement may, by mutual written assent of the parties, be
extended for two (2) additional twelve (12) month periods or portions thereof, up to a cumulative
total of sixty (60) months.
III. COMPENSATION
The Contractor agrees to provide the services, equipment
the City at the cost specified in said bid and amendments, f any, the bid as specified in its bid to
thereto being attached hereto as Exhibit "B ", incorporated by reference herein and made a amendments
hereof as fully as if herein set forth. a P
The amount as specified in Exhibit "B ", may be increased or decreased by the City under the Extra
Work provision of this Agreement, through the issuance of an Addendum, if applicable.
Any prices specified in this Agreement or Addendum thereto, will remain firm for the term of this
Agreement or Addendum.
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HVAC Mechanical Services IFB10-0446 / DB
IV. PAYMENT
All invoices received by the City are payable within thirty (30) days from receipt, provided they
have first been approved by the using department, and such department has accepted the Work.
The City reserves the right, with justification, to partially pay any invoice submitted by the
Contractor when requested to do so by the using department.
All invoices shall be directed to the Accounts Payable Section, City of Orlando, P.O. Box 4990,
Orlando, Florida, 32802 -4990.
NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY AGREEMENT
NUMBER AS STATED HEREIN.
V. FISCAL YEAR FUNDING APPROPRIATION
A. Specified Period
Unless otherwise provided by law, a contract for supplies or services may be entered into
for any period of time deemed to be in the best interest of the City, provided the term of
the contract and conditions of renewal or extension, if any, are included in the solicitation
and funds are available for the first fiscal period at the time of contract. Payment and
performance obligations for succeeding fiscal periods shall be subject to appropriation by
City Council of funds therefor.
B. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods
When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be canceled and the contractor
shall be entitled to reimbursement for the reasonable value of any nonrecurring cost
incurred but not advertised in the price of the supplies or services delivered under the
contract or otherwise recoverable.
VI. GENERAL CONDITIONS
A. Patents and Copyrights
The Contractor shall pay all royalties and assume all costs arising from the use of any
invention, design, process, materials, equipment, product or device in performance of the
Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense,
hold harmless and defend the City against any claim, suit or proceeding brought against the
City which is based upon a claim, whether rightful or otherwise, that the Work, or any part
thereof, furnished under this Agreement, constitutes an infringement of any patent or
copyright of the United States. The Contractor shall pay all damages and costs awarded
against the City.
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B. Termination for Default
1. The performance of Work under this Agreement may be terminated by the Director of
Purchasing, in whole or in part, in writing, whenever the Director of Purchasing shall
determine that the Contractor has failed to meet the performance requirements of this
Agreement.
2. The Director of Purchasing has a right to terminate for default if the Contractor fails to
make delivery of the supplies or perform the Work, or if the Contractor fails to perform
the Work within the time specified in the Agreement, or if the Contractor fails to
perform any other provisions of the Agreement.
3. Failure of a Contractor to deliver or perform the required Work within the time
specified, or within a reasonable time as determined by the Director of Purchasing or
failure to make replacements of rejected articles or Work when so requested,
immediately or as directed by the Director of Purchasing, shall constitute authority for
the Director of Purchasing to purchase in the open market articles or Work of
comparable grade to replace the articles or Work rejected, not delivered, nor completed.
On all such purchases, the Contractor or his surety, shall reimburse the City, within a
reasonable time specified by the Director of Purchasing, for any expense incurred in
excess of the Agreement prices.
4. Such purchases shall be deducted from Agreement quantities. Should public necessity
demand it, the City reserves the right to utilize services or use and /or consume articles
delivered which are substandard in quality, subject to an adjustment in price to be
determined by the Director of Purchasing. The Contractor shall not be liable for any
excess costs if acceptable evidence has been submitted to the Director of Purchasing that
failure to perform the Work was due to causes beyond the control and without the fault
or negligence of the Contractor.
C. Termination for Convenience
The Director of Purchasing may terminate the Agreement for convenience with advance
written notice to the Contractor.
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HVAC Mechanical Services IFB10 -0446 / DB
In the event of such a termination by the City, the City shall be liable for the payment of all
Work properly performed prior to the effective date of termination and for all portions of
materials, supplies, services, and facility orders which cannot be cancelled and were placed
prior to the effective date of termination and other reasonable costs associated with the
termination.
D. Warranty
The Contractor warrants that the Work including equipment and materials provided shall
conform to professional standards of care and practice in effect at the time the Work is
performed, be of the highest quality, and be free from all faults, defects or errors. Whenever
required by the specifications of the Invitation to Bid, the Contractor warrants that all
equipment and materials provided shall be new. If the Contractor is notified in writing of a
fault, deficiency or error in the Work provided within one (1) year from completion of the
Work, the Contractor shall, at the City's option, either reperform such portions of the Work to
correct such fault, defect or error, at no additional cost to the City, or refund to the City, the
charge paid by the City, which is attributable to such portions of the faulty, defective or
erroneous Work, including the costs for reperformance of the work provided by other
Contractors.
E. Time of Completion
The parties understand and agree that time is of the essence in the performance of this
Agreement. The Contractor or City, respectively, shall not be liable for any loss or damage,
resulting from any delay or failure to perform its contractual obligations within the time
specified, due to acts of God, actions or regulations by any governmental entity or
representative, strikes or other labor trouble, fire, embargoes, or other transportation delays,
damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or
ability to obtain raw materials, labor, fuel or supplies for any reason including default of
suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's
or City's control, respectively, whether of a similar or dissimilar nature, which prevent or
hinder the performance of the Contractor's or City's contractual obligations, respectively.
Any such causes of delay, even though existing on the date of the Agreement or on the date of
the start of Work, shall extend the time of the Contractor's or City's performance respectively,
by the length of the delays occasioned thereby, including delays reasonably incident to the
resumption of normal Work schedules.
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HVAC Mechanical Services IFB10 -0446 / DE
However, under such circumstances as described herein, the City Director of Purchasing may
at his discretion, cancel this Agreement for the convenience of the City.
1p' e ty.
F. Indemnification and Insurance:
1. Indemnity
The Contractor hereby agrees to indemnify and hold harmless the City, its officers, agents,
and employees, from and against any and all liability, claims, damages, demands, expenses,
fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees
for trial and on appeal, and for the preparation of same arising out of the Contractor's, its
officers', agents', and employees' acts, or omissions associated with this Agreement.
2. Insurance,
The Contractor, at its own expense, shall keep in force and at all times maintain during
the term of this Agreement:
(a.) Commercial General Liability Insurance:
Commercial General Liability Insurance, issued by responsible insurance
companies and in a form acceptable to the City, protecting and insuring against all
the foregoing with coverage limits of not less than Five - Hundred Thousand Dollars
($500,000) per occurrence for Bodily Injury and Property Damage.
(b.) Automobile Liability Insurance:
Automobile Liability coverage shall be in the minimum amount of Three - Hundred
Thousand Dollars ($300,000) per occurrence combined single limits for Bodily
Injury and Property Damage.
(c.) Workers' Compensation Coverage:
Full and complete Workers' Compensation Coverage, as required by State of
Florida law, shall be provided.
(d.) Insurance Certificates:
The Contractor shall provide the City with Certificate(s) of Insurance on all the
policies of insurance and renewals thereof in a form(s) acceptable to the City. Said
Commercial General Liability policy shall provide that the City be an additional
insured. The City shall be notified in writing of any reduction, cancellation or
substantial change of policy or policies at least thirty (30) days prior to the effective
date of said action.
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HVAC Mechanical Services IFB10-0446 / DB
All insurance policies shall be issued by responsible companies who are acceptable
to the City and licensed and authorized to do business under the laws of the State of
Florida.
G. Acceptance
The City will be deemed to have accepted the Work after the Director of Purchasing is
notified by the using Department of its satisfaction that the Work is completed.
The Work under this Agreement shall remain the property of the Contractor until the City
accepts it. In the event the Work furnished under this Agreement is found to be defective or
does not conform to the specifications, the City reserves the right to cancel the Agreement
upon written notice to the Contractor.
H. Correction of Work
The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or
failing to conform to this Agreement whether observed before or after substantial completion
of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear
all costs of correcting such rejected Work.
I. Right to Audit Records
The City shall be entitled to audit the books and records of the Contractor or any
sub - contractor to the extent that such books and records relate to the performance of this
Agreement or any sub - contract to this Agreement. Such books and records shall be
maintained by the Contractor for a period of three (3) years from the date of final payment
under this Agreement and by the sub - contractor for a period of three (3) years from the date
of final payment under the sub - contract unless a shorter period is otherwise authorized in
writing.
J. Time is of the Essence
The parties agree that time is of the essence in the completion of the Work called for under
this Agreement.
The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted
at such a rate of progress as will ensure full completion thereof within the time specified.
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HVAC Mechanical Services IFB10 -0446 / DB
K. Information
All information, data, designs, plans, drawings, and specifications furnished to or developed
for the City by the Contractor or its employees, pursuant to this Agreement, shall be the
sole property of the City and all rights therein are reserved by the City, except that the
Contractor may disclose any such information to its corporate affiliates and their agents.
L. Safety Measures
The Contractor shall take all necessary precautions for the safety of the City's and
Contractor's employees and the general public and shall erect and properly maintain at all
times all necessary vehicular and facility safeguards for the protection of the Workmen and
public. If necessary, the Contractor shall post signs warning against hazards in and around
the Work site.
M. Extra Work
The City, without invalidating this Agreement, may order changes in the Work within the
general scope of this Agreement consisting of additions, deletions, or other revisions, the
Agreement price and time being adjusted accordingly. All such changes in the Work shall be
authorized by a written Addendum to this Agreement, and shall be executed under the
applicable conditions of the Agreement. If the Contractor plans to make a claim for an
increase in the Agreement price or an extension in the Agreement Schedule/Term, he shall
first give the City written notice within ten (10) calendar days after the occurrence of the
event giving rise to such a claim.
This written notice shall be given by the Contractor to the City, and a written approval
secured from the using Department and the Director of Purchasing, before proceeding to
execute the Work, except in an emergency endangering life or property, in which case the
Contractor shall immediately proceed.
No claim for extra work will be considered valid by the City unless first submitted in writing.
Purchasing and Materials Management Division (SAACS) Page: 7
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HVAC Mechanical Services IFB10 -0446 / DB
N. Familiarity With The Work
The Contractor by executing this Agreement, acknowledges full understanding of the extent
and character of the Work required and the conditions surrounding the performance thereof.
The City will not be responsible for any alleged misunderstanding of the Work to be
furnished or completed, or any misunderstanding of conditions surrounding the
performance thereof It is understood that the execution of this Agreement by the Contractor
serves as his stated commitment to fulfill all the conditions referred to in this Agreement.
O. Title and Risk of Loss
The title and risk of loss to the Work shall pass from the Contractor to the City upon the
City's final acceptance of the Work.
VII. MISCELLANEOUS PROVISIONS
A. The Contractor shall not employ subcontractors without the advance written permission of
the Director of Purchasing.
B. Assignment of this Agreement shall not be made without the advance written consent of the
Director of Purchasing.
C. The Contractor shall comply with all applicable federal, state and local laws, ordinances,
rules and regulations pertaining to the performance of Work under this Agreement.
D. No waiver, alterations, consent or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by the Director of Purchasing or his designee.
E. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of
plans or specifications as may be required by federal, state and local laws, ordinances, rules,
and regulations, for the proper execution and completion of the Work under this Agreement.
F. The Contractor shall at all times, keep the Work area free from accumulation of waste
materials or rubbish caused by his operations, and promptly remove any such materials to an
approved disposal location.
G. All disputes between the parties shall be resolved in accordance with the City Purchasing
Code, (Chapter 7 of the City Code).
H. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials,
tools, equipment, and consumables, left on City property by the Contractor.
I. This Agreement is considered a non - exclusive Agreement between the parties.
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HVAC Mechanical Services IFB10 -0446 / DB
J. This Agreement is deemed to be under and shall be governed by, and construed according to,
the laws of the State of Florida.
K. Any litigation arising out of this Agreement shall be had in the Courts of Orange County,
Florida.
L. The undersigned hereby certifies that this Agreement is made without prior understanding,
agreement or connection with any corporation, firm or person who submitted bids for the
Work covered by this Agreement and is in all respects fair and without collusion or fraud. As
to Contractor, the undersigned hereby warrants and certifies that they are is authorized to
enter into this Agreement and to execute same on behalf of the Contractor as the act of the
said Contractor.
M. This Agreement, including any Exhibits hereto, contains all the terms and conditions agreed
upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind either party hereto.
N. The City's Director of Purchasing or his written designee shall have authority to act on behalf
of the City in matters related to this Agreement, including but not limited to the sending and
receiving of any notices required hereunder.
***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * ** * * * **
Purchasing and Materials Management Division (SAACS) Page: 9
HVAC Mechanical Services IFB10-0444 / DB
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first
written above.
PURCHASING AND MATERIALS APPROVED AS TO FORM AND LEGALITY
MANAGEMENT DIVISION for the use and reliance of the
CITY OF ORLANDO, FLORIDA City of Orlando, Florida, only.
By: — )/? s x_ati £!. et v � �✓ l -e� 2 2
Director of Purchasing Date: //' , 2010
RHONDA SCOTT, C.P.M., CPPO, FCCN
Name, Typed or Printed .r-- ;06 j���.c.✓
k CITY ATTORNEY
Date: 0__C26! , 2010 ORLANDO, FLORIDA
* * * * * * * * * * * * * * * * * * * * * * * * * * * ** ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CONT ir 2 R/
By:
Siva •.,`
1 Y& V(\ N. Staff Wes 1C XL2 t+" CORPORATE SEAL
Name & Title Typed or Printed
1c( C\c ni , InC.
Name of Comvany, Corp., etc.
.412. Old LAni-ec Oacrilar\
M meri • 32.B\ )
city, State d i
1 64 Zip_
( (j 55 2
Area Cod e lephone Number
STATE OF 1
COUNTY OF On Q
The foregoing instrument was acknowledged before me this 6 day of (�C O
2010, by , � ,��} - 1� 9 , as the O t, \( A"1 , on behalf of
S n
� , r 1 C MCOJ ;LAC. H /she (is) personally known to me or (has) produced
(type of identification)
WITNESS my hand and official seal this 6 day of OC `1"Q I XJL , 2010.
Notary Publb State of FloAda 8
(SEA ua. ciordon i gnature of Person Taking Acknowledgment
�g MY Contmisaton OD9S6A1S l �'
�? �� Expires 0112 51 2 0 1 4 l 4o1221C
Typed, Printed or Stamped Name of Person
Taking Acknowledgment
My Commission Expires:
Purchasing and Materials Management Division (SAACS) Page: 10
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HVAC Mechanical Services IFB10 -0446 / DB
EXHIBIT "A"
INVITATION TO BID
Purchasing and Materials Management Division (SAACS) Page: 11
Mayor 4) Dir`) of Purchasing and Materials Management
Buddy Dyer `'" Rhonda Scott, C.P.M., CPPO, FCCN
Procurement Manager
Roger Cooper, C.P.M.
CITY OF ORLANDO
INVITATION FOR BID (IFB)
DATE OF ISSUE: August 30, 2010
IFB DUE DATE: Thursday, September 23, 2010
IFB DUE TIME: 2:00 p.m., Local Time, City of Orlando, FL
BID DELIVERY LOCATION: Purchasing and Materials Management Division
400 South Orange Avenue, Fourth Floor
Orlando, FL 32801
Bid opening held at same location.
IFB TITLE: HVAC Mechanical Services
IFB NO: IFB10 -0446
(IFB NUMBER MUST BE PLACED ON FRONT OF
ENVELOPE)
T. S IS N O RDER
DIRECT ALL INQUIRIES TO: David Billingsley, Purchasing Agent III
Phone: (407) 246 -2897
Email: David .Billingslev @citvoforlando.net
BUSINESS NAME & ADDRESS
Business Name
Address
City, State, Zip .
)
Contact Person / Telephone Number
It is the intent and purpose of the City of Orlando that this Invitation for Bid promotes competitive bidding. It
shall be the bidder's responsibility to advise the Purchasing and Materials Management Division at the address
noted herein, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits
the requirements stated in this Invitation for Bid to a single source. Such notification must be submitted in
writing and must be received by the Purchasing and Materials Management Division not later than ten (10)
days prior to the bid closing date. Rev: Services 08 -10 -10
HVAC Mechanical Services (") IFB10.0446 / DB
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TABLE OF CONTENTS
PAGE
INSTRUCTIONS FOR SUBMITTING BID 3
INVITATION FOR BID AWARD INFORMATION 7
NON - MANDATORY PRE -BID CONFERENCE 8
NON - MANDATORY PRE -BID CONFERENCE AI"1'ENDANCE NOTIFICATION 9
STANDARD FORMS
BIDDER'S CERTIFICATION 11
ADDENDUM ACKNOWLEDGMENT FORM 12
BIDDERS QUESTIONNAIRE 13
MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISE PARTICIPATION. 16
BID PRICE FORMS 17
SPECIFICATIONS 19
SPECIAL CONDITION CLAUSES 26
GENERAL CONDITIONS 29
STANDARD TERMS AND CONDITIONS 30
WRITTEN QUESTION FORM • 44
NO -BID RESPONSE FORM • 45
AGREEMENT .. 46
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HVAC Mechanical Services (") ( IFB 10 -0446 / DB
•
INSTRUCTIONS FOR SUBMITTING BID
IN RESPONSE TO INVITATION FOR BID FOR THE
HVAC MECHANICAL SERVICES
PREPARATION OF BIDS:
1. Bidders are expected to examine this bid form, attached drawings, specifications, if any, and
all instructions. Failure to do so will be at the Bidder's risk.
2. All prices and notations must be in ink or typewritten. No erasure permitted. Mistakes may be
crossed out and corrections typed adjacent and must be initialed and dated in ink by the person
signing the bid. All bids must be signed with the firm name and by a responsible officer or
employee. Obligations assumed by such signature must be fulfilled.
3. Each bidder shall furnish the information required on the bid form and each accompanying
sheet thereof on which he /she makes an entry.
4. Unit price for each unit bid shall be shown. A total shall be entered in the amount column for
each item bid. Incase of discrepancy between a unit price and extended price, the unit prices
will be presumed to be correct.
5. Although the City generally awards bids based on a "lump sum" basis to the bidder submitting
the lowest responsive and responsible total bid, the City may choose to award on a "per group"
or "per item" basis. Therefore, bidders must submit with their bids, all pricing pages on the
forms provided clearly indicating which items are bid and which are not. Failure to submit
these pages will render such bid non - responsive.
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HVAC Mechanical Services IFB10 -0446 / DB
SUBMITTAL CHECK LIST: 17
Bidders should use the following bid check list as a guide to assist in the Bid submittal. This checklist is
intended to be used as a tool to assist Bidders, but is not a substitute for Bidders' obligation to read and
understand the provisions of this Invitation for Bid. Additional items may be required to be submitted by
the terms of this Invitation for Bid which are not listed below:
Solicitation Cover Sheet.
Bidder's Certification, signed and notarized.
Addendum Acknowledgment Form: It is the bidder's responsibility to contact
the Purchasing and Materials Management Division prior to submitting a bid
to ascertain if any addenda have been issued, to obtain all such addenda, and
return executed addenda with the bid. If you have downloaded this bid from
the Internet, please ensure that you also download all such addenda.
(If applicable)
Bidder's Questionnaire.
MBE[WBE information provided as required on the form attached hereto.
Invitation for Bid Price Form (Unit Price and Total Price Columns completed).
Special Items:
1. State of Florida Mechanical Contractor Certification Copy
2. Business Tax Receipt Copy
3.
NOTE:
Certificate of Insurance: Within seven (7) days of a notification of intended award, the
Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s)
acceptable to the City.
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HVAC Mechanical Services (--)
() IFB10 -0446 / DB
SEALED BID ENVELOPE LABEL:
The label provided below, with all appropriate information completed, should be used for the proper
processing of the bid submittal. The label will facilitate the Purchasing Agent to properly handle the
sealed envelope without revealing the contents until the solicitation is opened.
SEALED BID ENCLOSED �.
(To be opened by Procurement official noted below)
Company's Name:
Company's Address:
Company's Telephone Number:
( )
City of Orlando
Purchasing and Materials Management Division
Attention: Purchasing Agent: David Billingsley
460 S. Orange Ave., 4' Floor
Orlando, FL 32801
Solicitation No.: IFB10.04
Solicitation Title: IIVAC Mechanical Services
Solicitation Due Date & Time: Thursday, September 23. 2010 at 2:00 P.M., Local
Time Qty of Orlando, FL
•
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HVAC Mechanical Services IFB10 -0446 / DB
l 0
August 27, 2010
•
MEMORANDUM
TO: All Bidders/Proposers
FROM: Rhonda Scott, C.P.M., CPPO, FCCN, Director
Purchasing and Materials Management
SUBJECT: Important Notice to all City of Orlando Suppliers
The Purchasing and Materials Management Division is pleased to announce the introduction of the
eSupplier Vendor Registration Service to be launched August 2, 2010. This site will provide self - service
tools for vendor registration, account maintenance, notification of bid opportunities, and downloading of
solicitation documents at no charge.
Suppliers must create a free eSupplier account by registering directly at
https : / /esupplier.cityoforlando.net to receive automatic notification of bid opportunities and to download
Active bids. Don't miss out on important bid opportunities, register today. Vendors will be pleased with
the ease of navigation through the new system. Vendors can register to receive email or fax alerts for
solicitations that are of interest to, their business.
Effective August 20, 2010, the City of Orlando will discontinue adding new solicitations to Onvia by
DemandStar's system, therefore, after this date suppliers will need to check eSupplier for all City of
Orlando bid opportunities.
Should you have any questions, please contact the Purchasing and Materials Management Division at
(407) 246 -2291.
RS /ah
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• HVAC Mechanical Services IFB10 -0446 /DB
0 (-)
INVITATION FOR BID AWARD INFORMATION:
The Purchasing and Materials Management Division is the official source to obtain information relating
to City of Orlando solicitations. It is incumbent on the Bidder to obtain current bid and award
information prior to and after the scheduled opening date of a solicitation. Information is updated daily
as it becomes available. An award, or, recommendation of award, may be made at any time after the
scheduled opening date of a solicitation. You may obtain award and other solicitation information in a
variety of ways:
1. There are currently two Internet sites available to obtain solicitation award and other information:
A. The City of Orlando Purchasing and Materials Management Division's Website:
http: / /www.cityoforlando. net/ admin /purchasing/solicitations.htm
If you are interested in obtaining solicitation information, copy and paste the above link
into your web browser and click on View Current Bids. Please remember that you must
keep your registration information up to date in order to continue to receive notifications
of bidding opportunities that meet your commodity code selections.
B. Direct link to eSupplier VendorLink Website:
https:// esupplier. cityoforlando .net/vendor /common/default.aspx
You may also access the same solicitation information by visiting the City's eSupplier
VendorLink website directly by copying the above link in your web browser.
2. You may visit the Purchasing and Materials Management Division to obtain award information,
solicitation packages, addendums, and other documents. Our office is located at:
City of Orlando Purchasing and Materials Management Division
City Hall at One City Commons, Fourth Floor
400 South Orange Avenue
Orlando, Florida 32801
3. You may also call the Purchasing and Materials Management Division at (407) 246 -2291, during
normal business hours, to request award and other solicitation related information.
We appreciate your interest in doing business with the City Beautiful and wish you much success with
your business ventures.
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HVAC Mechanical Services IFB10 -0446 / DB
() ()
NON - MANDATORY PRE -BID CONFERENCE:
All prospective Bidders are invited to attend a Non - Mandatory Pre -Bid Conference at:
City of Orlando
•
Purchasing and Materials Management Division
City Hall at One City Commons
400 S. Orange Avenue — 2 " Floor, Agenda Conference Room
P.O. Box 4990
Orlando, FL 32802 -4990
On
Thursday, September 9, 2010 at 10:00 a.m.,
Local Time, City of Orlando, FL
•
The purpose of the Pre-Bid Conference is to provide and solicit information relative to the scope,
purpose, nature and extent of the work, and any local conditions, which may affect the work and its
performance. Submission of a bid shall constitute an acknowledgment by the Bidder that it has
thoroughly examined and is familiar with the INVITATION FOR BID. The failure or neglect of a
bidder to examine the INVITATION FOR BID, shall in no way relieve the Bidder of any obligations
with respect to either its bid or the INVITATION FOR BID. No claim for additional compensation will
be allowed which is based upon a lack of knowledge of the INVITATION FOR BID.
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NON- MANDATORY
PRE -BID CONFERENCE ATTENDANCE,NOTIFICATION:
A Non - Mandatory Pre -Bid Conference will be held City of Orlando, Purchasing and Materials
Management Division, 400 S. Orange Avenue, 2 °d Floor, Agenda Conference Room, Orlando, FL
32802 on Thursday, September 9, 2010 at 10:00 a.m., Local Time, City of Orlando, FL.
Please return this form by: September 8, 2010.
CITY OF ORLANDO
PURCHASING AND MATERIALS MANAGEMENT DIVISION
CITY HALL AT ONE CITY COMMONS
400 SOUTH ORANGE AVENUE - FOURTH FLOOR .
P.O. BOX 4990
ORLANDO, FLORIDA 32802 -4990
TELEPHONE: (407) 246 -2291
FAX: (407) 246 -2869 •
PLEASE CHECK:
We plan to attend
Name of Representatives who will attend
1.
2.
3.
A list of questions or statements for discussion at the Pre -Bid Conference is
attached. (Please use "WRITTEN QUESTION(S) FORM" as indicated in the
Table of Contents).
We do not plan to attend, but will be submitting a response.
We do not plan to attend and will not be submitting a response because:
•
Signature
Title
Name of Company
Date
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C
STANDARD FORMS:
THE STANDARD FORMS AS LISTED BELOW ARE TO BE COMPLETED AND SUBMITTED
WITH YOUR BID. RETURN ONE (1) ORIGINAL AND ONE (1) COPY.
1. COVER PAGE.
2. BIDDER'S CERTIFICATION. •
3. ADDENDUM ACKNOWLEDGMENT FORM.
4. BIDDER'S QUESTIONNAIRE.
5. MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION.
6. BID PRICE FORMS.
•
. NOTE: Failure to complete and return required forms may result in your bid not being considered
for award.
It is the bidder's responsibility to contact the purchasing and materials management
division prior to submitting a bid to ascertain if any addenda have been issued, to obtain
all such addenda, and return executed addenda with the bid. If you have downloaded this
bid from the internet, please ensure that you also download all such addenda.
•
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C-j C)
BIDDER'S CERTIFICATION:
I have carefully examined the Invitation for Bid, Instructions to Bidders, General, Standard and Special
Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made
a part of this Invitation for Bid.
I hereby propose to furnish the goods or services specified in the Invitation for Bid at the prices or rates
quoted in my bid. I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow the
City adequate time to evaluate the bids.
I agree to abide by all conditions of this bid and understand that a background investigation may be
conducted by the Orlando Police Department prior to award.
I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I
further certify that I am duly authorized to submit this bid on behalf of the vendor /contractor as its act and deed
and that the vendor /contractor is ready, willing and able to perform if awarded the bid.
I further certify, under oath, that this bid is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or
service; no officer, employee or agent of the City of Orlando or of any other bidder is interested in said bid; and
that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters
therein contained and was duly authorized to do so.
NAME OF BUSINESS Sworn to and subscribed before me
BY:
this day of
SIGNATURE
,2010
NAME & TITLE, TYPED OR PRINTED
Signature of Notary
Notary Public, State of
MAILING ADDRESS / OR IF DIFFERENT Personally Known
YOUR PRINCIPAL PLACE OF BUSINESS
-OR-
CITY, STATE, ZIP CODE Produced Identification
( ) TYPe:
TELEPHONE NUMBER
( ) Company Tax ID #
FAX NUMBER (The City only requires Company Tax ID numbers. The
City is not requesting individual social security numbers.)
E -MAIL ADDRESS
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O ()
ADDENDUM ACKNOWLEDGMENT FORM:
The undersigned acknowledges receipt of the following addenda to the Documents (Give number and
date of each):
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Failure to submit acknowledgment of any Addendum that affects the Bid prices is considered a
major irregularity and will be cause for rejection of the bid.
Company
Signature
Title
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BIDDER'S QUESTIONNAIRE:
The following questionnaire is to be completed by the bidder and provided with its bid submittal. If a
question is not applicable, so indicate by writing "N /A ".
1. COMPANY NAME:
Address of Principal Place of Business:
City /State/Zip:
Phone: Fax:
Name of primary Contact : Email:
2. TYPE OF ORGANIZATION:
Sole Proprietorship Partnership Non -Profit
Joint Venture Corporation Other:
State of Formation:
Federal ID # DUNS #
(The City only requires Company Tax ID Number.
The City is not requesting individual social security numbers).
3. EMERGENCY CONTACT PERSON:
Phone: Fax: Cell:
4. INSURANCE AGENCY COMPANY NAME:
Agent Contact: Phone:
Total Bonding Capacity: $ Value of Work Presently Bonded: $
5. EXPERIENCE:
A. Years in business:
B. Years in business under this name:
C. Years performing this type of work:
D. Value of work now under contract:
E. Percentage (%) of work usually self- performed:
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6. SUBCONTRACTORS - for informational purposes only: If bidder intends to use subcontractors,
please provide the information below. All subcontractors listed remain subject to approval by the
City.
Name of subcontractors to be utilized and type of work:
Name Type of Work City Certified City y y M/'WBE Number
M/WBE(YorN)
7. PERSONNEL AND EQUIPMENT, IF APPLICABLE:
A. How many employees does your company employ? Total
B. List types of Equipment to be used:
8. CLAIM HISTORY — Has your company:
A. Terminated for default within the last five (5) years: YES NO
Explain:
B. Been involved in bankruptcy or reorganization: YES NO
C. Judgments or suits against company within the last five (5) years: YES NO
Explain:
9. LOCAL SERVICE FACILITY:
A. Name of local service center:
B. Address of local service center:
C. County local service center is located in:
D. Contact: Telephone number:
10. RECYCLED CONTENT:
A. Percentage of recycled material contained in the product: %
B. Is your product packaged/shipped in material containing recycled content? Yes No
C. Is your product recyclable after it has reached its intended end use? 'Yes No _
Explain:
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• 11. WORK EXPERIENCE:
List a minimum of three (3) most significant commercial projects in which the contract was similar in
size and scope to this solicitation completed by your company within the last three (3) years:
Reference #I:
Company /Agency Name:
Address:
Contact Person: Email:
Phone: Fax:
Project Description:
Contract $ Amount: Date Completed:
Reference #2:
Company /Agency Name:
Address:
Contact Person: Email:
Phone: Fax:
Project Description:,
Contract$ Amount: Date Completed:
Reference #3:
Company /Agency Name:
Address:
Contact Person: Email:
Phone: Fax:
Project Description:
Contract $ Amount: Date Completed:
Reference #4:
Company /Agency Name:
Address:
Contact Person: Email:
Phone: Fax:
Project Description:
Contract $ Amount: Date Completed: •
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MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION:
Chapter 57, Article II, Minority Business Enterprise (MBE), and Article III, Women -Owned Business
Enterprise (WBE) of the Orlando City Code, establishes goals of 18% (MBE) and 6% (WBE),
respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and
construction to be awarded to Minority and Women -Owned Business Enterprises (MWBE).
For further information regarding this program, please refer to Chapter 57 of the Code of the City of
Orlando or contact:
Minority Business Enterprise
City Hall at One City Commons
400 South Orange Avenue - 5 Floor
P.O. Box 4990
Orlando, Florida 32802 -4990
(407) 246 -2623
• If your company is currently certified, please enter the certification number and the expiration date in
spaces provided below or submit a copy of the certificate received from the City stating that your
company is certified by the City as a Minority/Women -owned Business Enterprise:
Business Name:
Certification Number:
Expiration Date:
There shall be no third party beneficiaries of the Minority Business Enterprise or Women -Owned
Business Enterprise provisions of this Contract. The City of Orlando shall have the exclusive means of
enforcement of the MBE/WBE Ordinance and contract terms. No right of action for non - signatories of
the Agreement is intended or implied. The City of Orlando is the sole judge of compliance. All
solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chapter 57,
Articles II and III.
In order for a bidder to receive credit for MBE/WBE certification, the firm must be certified with the
City of Orlando MBE/WBE Office on or before the date set for submittal of bids.
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CC)
Bidder's Name:
BID PRICE FORM
You are invited to Bid on the following: HVAC Mechanical Services
Item Unit
No. Quantity Unit Description Price Total
The Bidder, having carefully examined the specifications
and Terms and Conditions herein, proposes to furnish all
labor, materials, equipment and other items without
exception for the proper execution and completion of the
work, and if awarded the contract, to complete the said
work within time limits as specified for the following bid
prices.
REGULAR TIME RATES
1. 1,000 Hour Regular Hourly rate per Factory Trained and Certified $ $
Service Technician
2. 1,000 Hour Regular Hourly rate per HVAC Service Helper /Apprentice $ $
State below hours during which regular time will prevail:
•
From: a.m. To: p.m.
Days of the week:
OVERTIME RATES
3. 250 Hour Overtime Hourly rate per Factory Trained and Certified $ $ _
Service Technician
4. 250 Hour Overtime Hourly rate per HVAC Service $ $
Helper /Apprentice
•
State below hours during which overtime will prevail:
From: a.m. To: p.m.
Days of the week:
Total Bid (this Page)
Bidder Initials
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INVITATION TO BID
You are invited to Bid on the following: HVAC Mechanical Services
Item Unit
No. Quantity Unit Description Price Total
5. $30,000.00 YEAR Materials (to be furnished by Bidder if and when requested 100% + $
by the City) shall be at Bidder's actual cost plus %
(percent).
Evidence of actual costs may be required through
submittal of actual invoices. The unit price in the next
column is 100% plus the mark -up. For example: if mark-
up is 10 %, the unit price would be 100% + 10% and the
last column would be $30,000.00 x 110% = $33,000.00
Business Location:
Total Bid $
Bidder Initials
1. FOB Point Delivered Only
2. Terms of Payment (e.g. Net 30)
Recheck your quotations prior to submission. Bids may not be changed after being opened.
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SPECIFICATION FOR HVAC MECHANICAL SERVICES
1. SCOPE OF WORK
It is the intent of this solicitation to establish a service contract whereby HVAC related
mechanical work will be accomplished for the City of Orlando, by the Contractor in a reliable and
timely manner. The Contractor shall have the capability to service multiple locations at any given
• time. The majority of work under this contract will be HVAC repair and service work.
The City reserves the right to make multiple awards in the best interest of the City.
2. MINIMUM QUALIFICATIONS
A. Bidder must be a State of Florida Certified Mechanical Contractor. Include a copy of the
Mechanical Contractor Certification with bid.
B. Bidder must have a current Business Tax Receipt. Include a copy of the Business Tax
Receipt with bid.
C. Bidder must have an established business address within a 30 mile radius of City Hall,
400 South Orange Avenue, Orlando Florida, 32801.
D. Bidder must have a minimum of three (3) years experience in new HVAC replacements
and HVAC repairs. Include relevant references with bid.
3. SERVICE REQUIREMENTS
The Contractor shall provide all labor, material, supplies and equipment to repair, replace or
install the following:
A. DX Package and / or Split Systems: Scope of work may include but is not limited to:
repair or replacement of compressor, condenser (coil, fan, or entire unit), evaporator (coil
or unit), refrigerant lines and insulation, refrigeration reclamation and recharging, leak
detection and repair, and repair /replacement of auxiliary DX system components.
B. Chillers: Scope of work may include but is not limited to: repair or replacement of chiller
or compressor(s) and/or motors, OEM controls, refrigeration reclamation and recharging,
leak detection and repair, condenser fans and/or motors, condenser coils, isolation valves,
chilled water piping and/or insulation, and repair /replacement of auxiliary chiller system
components.
C. Air Handling Units: Scope of work may include but is not limited to: repair or
replacement of fan/blower motors and/or assembly, evaporator coil, chilled and/or hot
water coils and associated piping, valves or insulation, electric heater elements and
associated components, drain pans, condensate traps and pumps, dampers and associated
actuators, and repair /replacement of associated starters/disconnects/VFDs.
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D. Chilled and/or Hot Water Pumps: Scope of work may include but is not limited to: repair
or replacement of pumps, motors, piping, insulation, isolation or control valves,
starters /disconnects/VFDs, or other associated pump components.
E. Hot Water Heaters/Boilers: Scope of work may include but is not limited to: repair or
replacement of boilers or associated components, heater elements and associated
components, flue dampers, and circulation pumps.
4. INSTALLATION OF NEW OR REPLACEMENT EQUIPMENT /COORDINATION OF
WORK/ISSUANCE OF WORK ORDER
A. The Contractor shall visit the job site with the City's designated representative to assess
the extent of the requirement and mutually agree to the types and quantities of items
required for the work. The Contractor shall submit a quote to the City's representative in
the following manner:
(1) Description of work to include its specified location.
(2) Detailed pricing of each requirement including labor and materials.
(3) Performance period in calendar days mutually agreed to by the City's
representative and the Contractor.
B. The Contractor shall coordinate with the city's representative for the layouts of all
equipment, HVAC work, conduits, fixtures, support hardware and other material prior to
fabrication and installation. Layout shall provide for: operating and maintenance
clearances required by equipment manufacturers and maintenance personnel, clearances
and access required by codes, and accessibility for future system expansion.
5. INSTALLATION OF NEW EQUIPMENT/MAINTENANCE MANUAL AND
OPERATING INSTRUCTIONS
A. Upon installation of new equipment, the Contractor shall provide a manual that includes
the manufacturer's maintenance and operating instructions, parts list and serial numbers
for all operating equipment.
B. Upon completion of work, the contractor shall put the systems into service. The
contractor shall be entirely responsible for the equipment during all testing operations.
6. WORK ORDERS
A. Any supplies and/or services to be furnished under the Contract in excess of two thousand
dollars ($2,000.00) shall be authorized by issuance of a written Work Order signed by the
City's authorized representative(s).
B. All Work Orders are subject to the terms and conditions of the Contract. In the event of a
conflict between a Work Order and the Contract, the Contract shall have precedence.
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C. Each Work Order will set forth the work to be accomplished, including but not limited to,
time to complete, materials required and specifications and drawings to be followed.
D. No work shall be authorized to be performed without a written Work Order with the
exception of Emergency Repairs that necessitate action outside normal business hours.
Emergency Repairs can be verbally authorized by the designated representative for the
Facilities Management Division and shall be followed up within forty -eight (48) hours with
a written Work Order.
7. EMERGENCY REPAIRS
A. The Contractor shall respond to emergency service calls within two (2) hours on a 24-
hour -a -day basis.
B. Emergency repairs during normal business hours will be coordinated with the Manager of
the Facilities Management Division or authorized representative before any services are
performed.
C. Emergency repairs during other than normal business hours will be authorized by the
designated representative for the using Division.
D. Within forty -eight (48) hours after emergency repair(s) have been completed, the
Contractor will provide the designated Division representative with all cost data required
by the contract. Failure of the Contractor to do so shall result in non- payment for services
rendered.
8. CONTRACTOR'S RESPONSIBILITIES
A. • Upon receipt of a Work Order from the City's authorized representative(s), the Contractor
shall prepare an independent written estimate of the labor and materials required to
complete the work.
The Contractor will be provided a detailed scope of work, which identifies the specific job
description.
The Contractor shall complete the total estimate to accomplish the job and will identify any
additional tasks necessary to satisfactorily accomplish the overall scope of work.
B. If, during the course of work, the Contractor encounters unforeseen conditions which impact
the work and which could not initially be evaluated, the .Contractor shall not proceed
without written authorization of the City's authorized representative(s).
C. The Contractor shall have appropriate transportation and an adequate inventory of tools and
equipment to perform work in a timely manner.
D. Materials and equipment installed shall be new, unless otherwise specified and meet or
exceed the applicable specifications or standards.
E. Emergency work may be ordered orally and followed up within forty -eight (48) hours by a
written Work Order.
•
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F: Normal work starting time is 7:00 a.m. The Contractor's time shall start on the job site.
Any travel time and expenses shall be the responsibility of the Contractor and will not be
reimbursed by the City.
•
The hourly rate bid shall include full compensation for labor, equipment use, travel time and
any other . costs to the Contractor. The rate is straight time for all labor, except as otherwise
noted herein.
G. The Contractor shall, in addition to all other guarantees, be responsible for faulty labor or
workmanship and shall promptly correct improper work, without cost to the City, within a
reasonable period after receipt of notification of such faulty labor or workmanship.
Payments in full or otherwise do not constitute a waiver of this guarantee. The guarantee
period shall be effective for one (1) year after acceptance of the work by the City.
H. Precautions shall be exercised at all times for the protection of persons (including
employees) and property. Barricades shall be provided by the Contractor at Contractor's
expense, when work is performed in areas traversed by persons or vehicles, or when
deemed necessary by the City's Representative.
I. The Contractor shall conform to all Federal, State and City regulations during the
performance of the Contract. Any fines levied due to inadequacies or failure to comply with
any and all requirements shall be the sole responsibility of the Contractor. Any person
found not in conformance with any laws, statutes, rules or regulations will not be allowed on
the job site. Continued violations by a Contractor shall constitute cause for immediate
termination of the Contract.
J. All existing structures, utilities, services, roads, trees, shrubbery, etc., shall be protected
against damage or interrupted service at all times by the Contractor during the term of
specific Work Orders, and the Contractor shall be held responsible for any damage to
property caused by reason of his operations on the property.
K. The Contractor shall ensure that all construction debris and waste is cleaned up after work is
completed, and that the work area is returned to its original condition.
L. The Contractor shall ensure that all persons assigned to installation and repair work for the
City of Orlando are uniformed, carry proper identification, and have passed all necessary
background checks to work on/around all City facilities, including but not limited to: Fire
Stations, Police Stations, and Recreational Facilities.
M. The Contractor shall be able to provide, but not limited to electrical modification, building
permits, lifting and delivery of equipment.
N. The Contractor shall employ a competent supervisor on the job throughout the entire
contract period to ensure work will not conflict with the Division's daily activities.
O. The supervisor shall have a thorough knowledge of the work to be installed and repaired
under this contract and be a skilled mechanic experienced with contracts of similar size
and type.
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P. The Contractor must be certified to maintain and repair air /water cooled chillers.
Q. Workman ship throughout the contract period shall correspond to the standard of best
practice, and all labor employed must be competent to do the work required. Tool marks
will not be permitted on any exposed materials, fittings or piping.
R. The Contractor shall be, responsible for all required permits and inspections. A copy shall
be given to the designated Facilities Management Representative.
S. The designated Facilities Management Representative must be notified immediately if a
supervisor /contact person is replaced. The name and telephone number of the new
supervisor /contact person shall be furnished at that time.
9. BACKGROUND CHECK
A. Contractor, at Contractor's sole cost and expense, must obtain a "Criminal Background
Check Report" from the Florida Department of Law Enforcement ( "FDLE ") on all of
Contractor's employee assigned to work at a City location prior to such employee
commencing work at any City location. Such checks shall be updated annually thereafter
unless otherwise agreed in writing by the City. Copies of the initial FDLE report shall be
provided to the City's Purchasing Department prior to assignment of any employees to a
City location and within ten (10) days of receipt thereafter.
B. Prior to providing the FDLE report to the City, Contractor must obtain the written consent
of any assigned employees to release all background check reports to the City and to allow
the City to perform its own additional criminal background investigation of any assigned
employee at any time should the City so desire in its sole discretion. The City in its
discretion may provide a form for the Contractor to sign and have its employees sign for .
such purpose. Written consent must be provided to the City when providing the FDLE
report.
C. No employee of Contractor shall be permitted to work at a City location if at the City's
discretion, the City determines that the Contractor's employee is not eligible to work at a
City location based on the results of the Criminal Background Check Report. The City
will notify the Contractor promptly of any such determination.
10. LICENSES AND PERMITS
A. Contractor shall be certified by the State of Florida, Department of Professional
Regulation and licensed, by all other federal, state, county, or municipal agencies which
may have jurisdiction over the type of work to be performed under this solicitation.
Contractor shall have a current Business Tax Receipt.
B. Said licenses shall be in the Contractor's name as it appears on the Bidder's Certification
Form. Bidder shall supply appropriate license numbers, with expiration dates, as part of
the bid. Failure to hold and provide proof of proper licensing, certification and
registration may be grounds for rejection of the bid.
C. Bidders shall provide copies with the bid submittal of the State of Florida Certified
Mechanical Contractor certificate and the current Business Tax Receipt.
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11. TIME IS OF THE ESSENCE
A. The Contractor acknowledges that time is of the essence to complete the work as specified
in each and every Work Order. The Contractor agrees that all on- demand service calls shall
have a two (2) hour response time from call out time.
B. The Contractor agrees that all work shall be prosecuted regularly, diligently and
uninterrupted at such a rate of progress as will ensure full completion thereof within the
time specified in each and every Work Order.
12. COMPLETION
After the work called for in a Work Order has been completed, the Contractor shall provide the
following information in writing to the Facilities Management representative:
A. Actual hours used to perform the work (by category of personnel);
B. Date and time the work was initiated and completed;
C. Contractor's certification that the work has been completed;
D. A detailed breakdown of the materials used to complete the work.
E. Craftsman notes as to work performed and observations made.
13. INSPECTION /ACCEPTANCE
Inspection/acceptance of completed services will be accomplished by the designated City
representative(s).
14. WARRANTY
The awarded vendor shall fully warrant all equipment furnished hereunder against defect in
materials and/or workmanship for a period of twelve (12) months from date of
delivery /acceptance by city of Orlando. Should any defect in materials or workmanship, except
ordinary wear and tear, appear during the above stated warranty period, the awarded vendor shall
repair or replace same at no cost to the City, immediately upon written notice from the City's
authorized representative. The vendor shall be responsible for either repairing the equipment on
site or transporting the equipment to his/her repair facility at no cost to the City. All warranty
provisions of the Uniform Commercial Code shall additionally apply.
15. SPECIAL REQUIREMENTS
The following special requirements are conditions of the Agreement:
A. The City will notify the Contractor when services are required by means of a Work Order.
The Contractor shall commence the work on the date agreed to after receipt of an approved
Work Order and will complete the work as specified in the Work Order.
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B. The Contractor shall provide a cellular phone to personnel assigned to City projects to allow
for communication with the City's representative(s).
C. The Contractor shall provide emergency HVAC equipment at the price indicated on Bid
Item Number Five (5), to ensure cooling related needs, on an as needed basis. The HVAC
equipment shall consist of portable air - cooled water chillers, related fittings, hoses, and
pumps. The Contractor shall provide rental diesel generators to be used for emergency,
temporary, supplemental, or standby power. It shall be the responsibility of the
Contractor to respond within four (4) hours after notification by the City of a need for
emergency HVAC or power equipment to determine the specific equipment required. The
Contractor shall be capable of mobilizing equipment, supplies, and related labor to
provide the emergency HVAC or power within eight (8) hours after the determination of
the specific equipment needed is made and agreed upon by the Contractor and the City.
16. APPLICABLE CODES AND STANDARDS
A. Codes and Standards: All work must be performed in accordance with the requirements of
pertinent Federal, County and State codes.
B. 1
A 1 work shall comply with the following $ codes:
1) Florida Building Code •
2) NFPA70: National Electrical Code
3) NFPA 101 Life Safety Code
4) Local authority having jurisdiction
END OF SECTION
•
•
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SPECIAL CONDITION CLAUSES
Acceptance of Materials/Services
Materials/services must comply with all the terms herein. The material and/or services provided under
this contract 'shall remain the property of the seller until the City performs a physical inspection and
accepts said material/services.
In the event the material or service supplied to the City is found to be defective or does not conform to
the specifications, the City reserves the right to cancel the order upon written notice to the seller.
Materials shall be returned to the seller at the seller's expense.
Agreement Alterations
s
No alterations or variables in the terms of the Agreement attached hereto shall be valid or binding.
Alterations/Changes to Bid Price Form(s)
Do not change or otherwise alter the quantity or unit designations on these Bid Price Form(s). Your unit
price bid and total extensions must correspond to these designations. Each line item will be extended as
indicated (quantity x unit price). The unit price shall prevail.
Correction or Withdrawal of Bids
Correction or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid
opening. After bid opening, no changes in bid prices or other provisions shall be permitted. The
Director of Purchasing and Materials Management Division, however shall have the authority to
waive minor irregularities.
Favored Customer Clause
Should the awarded vendor of a contract resulting from this solicitation sell the same or substantially the
same products or services as listed in this solicitation to another Governmental Agency, within the State
of Florida, at a lower price than the price listed in this solicitation, the awarded vendor agrees to extend
that same discounted price to the City of Orlando.
Payment of Subcontractors
Final and complete payment will be made on the basis of completion and acceptance by the City of the
work performed under the Contract and receipt of satisfactory evidence that all payrolls, bills for
materials, have been paid in full. Payments of subcontractors shall be made within thirty (30) days after
completion and acceptance of the work, and submission of said evidence.
The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the
contractor or any subcontractor under the Contract, shall constitute cause for the City to withhold final
payment until said bills or charges are paid.
Periodic and Final Cleaning
The successful bidder shall:
A. Schedule periodic cleaning to keep the worksite and adjacent properties free from accumulations
of waste materials, rubbish, and windblown debris resulting from construction operations;
B. Provide on -site container for the collection of waste materials, debris, and rubbish;
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C. Dispose of waste materials, debris, and rubbish from the Owner's property;
D. Upon completion of work in each area, provide final cleaning and otherwise return space to a
condition suitable for use by the City;
E. Conduct cleaning and disposal operations to comply with City codes, ordinances, regulations, and
environmental laws.
Quantities
The quantities for the items listed in this solicitation are estimated quantities for bid evaluation purposes
only and should not be construed as representing actual quantities to be purchased. Moreover, it is
understood by all Bidders that the City is not obligated to purchase any minimum or maximum amount
during the life of a contract resulting from this solicitation. Any such resulting contract shall be non-
exclusive, and the City may procure the goods listed in said contract from other sources.
Return of Merchandise
All items delivered must meet the Specifications herein. Items delivered not as specified will be returned
at no expense by the City of Orlando. The City may return, for full credit, any unused items received
which fail to meet the city's performance standards. Replacement items meeting Specifications must be
submitted within a reasonable time after rejection of the non - conforming items.
The supplier is to accept for full credit, any merchandise returned by the City within ninety (90) days
from the delivery or pick up date.
All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the
vendor and include reference to an applicable Vendor Invoice or Packing List. Full credit is to include
all costs paid by the City related to the subject merchandise as determined by the appropriate Vendor
Invoice or Packing List.
Specifications
a. The Specifications shown in the Invitation for Bid are intended to represent items of a quality level
known to meet City's requirements. While the City endeavors to promulgate written Specifications
that are accurate and nonrestrictive for bidding purposes, they may also reference an item by
manufacturer's name and model number. Bidders are cautioned that in the event of a discrepancy
therein, such difference must be timely questioned in writing. Any written question must be
received in Purchasing and Materials Management at the address on the cover of this solicitation no
later than ten (10) days prior to the bid opening.
b. If any proprietary, trade, brand, or manufacturers' name or part number is used herein in describing
the required equipment or materials, it shall be understood to indicate the minimum standard of
composition and quality desired, and shall not be construed . to exclude equipment or goods that
equals or exceeds the functional capability and quality of the named equipment. The City, in its sole
discretion, shall determine whether equipment or goods are equivalent in capability and quality.
Bidders are strongly encouraged to submit equivalent equipment or materials for consideration
during the question and answer period. If equivalent equipment or materials is proposed, indicate
the manufacturer's name and model number for the equipment and include any literature or other
explanation of the equipment's quality or performance with your bid.
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c. The equipment bid herein shall be new and shall be of the current production model. If applicable,
detailed equipment specifications for make and model offered shall be provided with bid.
d. Bidders may be required, at no expense or liability to the 'City to make available for
test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal equipment that
may be seen under operating conditions in the Central Florida area.
Standby (Secondary) Supplier
If you are not the successful Bidder as the prime supplier, would you be willing to serve as a standby
(secondary) supplier under the Terms and Conditions and pricing of your Bid?
Yes No
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GENERAL CONDITIONS
Bidder should read and follow the following instructions.
1. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bidder's Certification Form.
2. SEALED BIDS: All bids must be submitted hi a sealed envelope. The face of the envelope shall contain the date and time of the bid opening and the bid
number: Bids not submitted on the City's bid forms may be rejected. All bids are subject to the conditions specified herein and on any attached sheets,
specifications, standard tams and conditions and special conditions.
3. NO BID FORM: In the event you elect not to bid this requirement, respond by returning this form, marking it "NO BID" and the reason therefor. NOTE:
To qualify as a respondent, bidder must submit a "BID" or "NO BID" and it must be received no later than the stated bid opening date and time.
4. BID OPENING: Shall be public, on the date and at the time specified on the bid form. It is the bidders responsibility to assure that their bid is delivered
at the proper time and place of the bid opening. Bids which for any reason are not so delivered, will not be returned but will be retained in the 'BID FILE"
unopened. Telephone or telegraphic bids cannot be accepted.
5. PRICES, TERMS, and PAYMENT: All prices must be firm for the delivery schedule quoted herein. Bids stipulating "Price in effect at time of
shipment" or other similar conditions will be considered not responsive to the bid invitation and will not be accepted. All prices shall be quoted F.O.B.
delivered to any City of Orlando Department unless otherwise stipulated in the bid invitation. Bidder is requested to offer cash discount for prompt
invoice payment. It is the policy of the City of Orlando to' make payments of invoices in time to earn any offered cash discounts. Discount time will be
computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Finance Department office, whichever is
later.
a) TAXES: The City of Orlando does not pay Federal excise and State sales taxes. Our tax exemption number is 58 -12- 94438 -54C and is also
stipulated on all our Purchase Orders.
b) POLITICAL SUBDIVISIONS: Under Florida Law, prices contained in State Contracts shall be available to the City of Orlando, who might wish
to purchase under a State Purchase Contract. The City of Orlando therefore reserves the right to purchase any commodities from a State Purchase
Contract if in the best interest of the City.
c) MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices, and all instructions pertaining to supplies and
services. Failure to do so will be a bidder's risk.
d) CONDITION and PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current
production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging.
e) SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable
requirements of Occupational Safety and Health Act and any standards thereunder.
f) MARKING: Bach individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer.
Bach shipping container shall include the name of the vendor and must also clearly indicate the City of Orlando Purchase Order Number.
g) INVOICING and PAYMENT: The supplier shall be paid in accordance with Florida Statutes, upon submission of invoices to: The Accounts
Payable Section, City of Orlando, 400 South Orange Avenue, Orlando, Florida 32801. Invoices are to be billed at the prices stipulated on the
purchase order and as outlined in this bid. All invoices nmst show the City of Orlando Purchase Order Number.
6. CONFLICT OF INTEREST: The award hereunder is subject to Chapter 112, Florida Statutes. All bidders must disclose with their bid the name of any
officer, director, or agent who is also an employee of the City of Orlando. Further, all bidden must disclose the name of any City of Orlando employee
who owns, directly or indirectly, an interest of ten percent (IO%) or more of the bidders firm or any of its branches.
7. AWARDS: As the best interest of the City of Orlando may require, the right is reserved to make award(s) by individual items, group of items, all or none,
or a combination thereof, with one or more suppliers; to reject any all bids or waive any informality or technicality in bids received.
8. INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be at destination unless otherwise stipulated. 75tle and risk of loss or
damage to all items shall be the responsibility of the shipper (vendor) until accepted by the using department of the City of Orlando, unless loss of damage
results from negligence by the City of Orlando or its Departments.
9. DISPUTES: In case of any doubt or differences of opinion as to the items to be furnished hereunder, the decision of the City of Orlando Director of
Purchasing shall be final and binding on both parties. All disputes between the parties shall be resolved in accordance with the City Purchasing Code,
(Chapter 7 of the City Code).
10. LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the item(s) covered
herein apply. Lack of knowledge by the bidder will in no way be cause for relief from responsibility.
11. LIABILITY: The vendor shall hold and save the City of Orlando, its offrcers, agents and employees harmless from liability of any kind in the
performance of or fulfilling the requirements of the Purchase Order which may result from this bid.
NOTE: ANY AND ALL STANDARD OR SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL
CONDITIONS SHALL HAVE PRECEDENCE.
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STANDARD TERMS AND CONDITIONS
1. RECEIPT OF BIDS:
a. Sealed bids, one (1) original and one (1) copy, shall be submitted to the Purchasing and
Materials Management Division prior to the date and time specified herein. Bids will not be
accepted after the designated time and date. It is solely the responsibility of the bidder to
ensure timely delivery of their bid submittal.
b. Each bid shall be submitted in a sealed envelope and marked with the bid number, title of the
bid, and bid opening date and time.
c. If submitted by mail, the bid submittal shall be enclosed in a sealed envelope addressed to the
Purchasing and Materials Management Director, at the address listed below. Bids submitted
by mail must be received in the office of the Purchasing and Materials Management Division
by the time specified herein for the opening thereof.
Please be advised that United States Postal Service (USPS) Express and Priority service
classes, are delivered to the City once daily. Accordingly, in order for a submission to be
received by the office of the Purchasing and Materials Management Division when the
services of the USPS are used, a proposer or bidder is responsible for ensuring that their
submittal is transmitted in such manner as necessary for the USPS to receive, sort, and deliver
to the City by the submittal due date and time.
The City only collects other USPS mail one (1) time per day upon opening of the local Post
Office branch, which is then sorted by the City for delivery to the Purchasing and Materials
Management Division and other City departments. Submissions arriving at the USPS after the
initial pick -up by the City will be placed in the City's call -box for pick -up and will not be
delivered to or received by the Purchasing and Materials Management Division until the next
business day.
When using the USPS or any other mail delivery services, it is the sole responsibility of the
bidder to ensure that bids or proposals are received in the office of the Purchasing and
Materials Management Division by the due date and time. The City shall not be responsible
for delays caused by any occurrence.
d. All bids shall be mailed or delivered to the office of Purchasing and Materials Management at
the address listed below. Sealed bids are to be addressed as follows:
Ms. Rhonda Scott, C.P.M., CPPO, FCCN
Director of Purchasing and Materials Management
City of Orlando Purchasing and Materials Management Division
City Hall at One City Commons
400 South Orange Avenue, Fourth Floor
Orlando, Florida 32801
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2. OPENING OF BIDS:
Sealed bids will be received in the Purchasing and Materials Management Division until the due
date and time as specified in this Invitation for Bid. Bids will be opened and publicly read aloud
immediately following the published time. No responsibility will attach to the Purchasing Office
for the premature opening of a bid not ro erl addressed and identified. Bidders or their
P P Y
authorized agents are invited to be present at the bid opening.
3. IRREGULAR BIDS:
Bids made on other than the documents furnished by the Purchasing and Materials Management
Division may not be considered. Changes in phraseology, additions, or limiting provisions made
on the Invitation for Bid may render the bid irregular and may cause rejection.
4. WITHDRAWAL OF BIDS:
Bidders may withdraw a bid after it has been deposited with the Purchasing and Materials
Management Division any time prior to the stipulated time for opening the bids. After bid opening,
no changes in bid prices or other provisions shall be permitted.
5. EVALUATION OF BID AWARD:
The City reserves the right to award the bid to the lowest responsive and responsible bidder who
submits a bid meeting specifications. In determining responsibility, the City reserves the right to
consider matters such as, but not be limited to, quality offered, delivery terms, and service
reputation of the bidder. .
6. BIDDER'S CERTIFICATION FORM:
Each Bidder shall complete the "Bidder's Certification" form included with this Invitation for Bid.
The form must be acknowledged before a Notary Public with notary seal affixed on the document.
The failure of a Bidder to include this document with their bid submittal will be cause for rejection
of the bid.
7. CONTINGENT FEES:
The Bidder warrants that no one was paid a fee, commission, gift, or other consideration contingent
upon receipt of an award for the services and/or supplies specified herein.
8. AMENDMENTS:
It is the Bidder's responsibility to contact the Purchasing and Materials Management Division prior
to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and
return executed Addenda with the Bid.
If you have downloaded this Bid from the Internet, please ensure that you also download all such
Addenda.
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The failure of a Bidder to submit acknowledgment of any Addenda that affects the bid price(s), is
considered a major irregularity and will be cause for rejection of the Bid.
•
9. "NO BID" RESPONSE FORM:
In the event you elect not to bid on this requirement, please complete and return the "No Bid" form
included in this solicitation.
10. EXCEPTIONS TO TERMS AND CONDITIONS:
When completing your bid, do not attach any forms which may contain terms and conditions that
conflict with those listed in the City's bid document(s). Inclusion of additional terms and
conditions, such as those which may be on your company's standard forms, may result in your bid
being declared non- responsive.
11. PERIOD OF OFFER VALIDITY:
Prices quoted in the bid must remain open for a period of ninety (90) days from the date of bid
opening.
• 12. FAMILIARITY WITH SITE WORK AND CONDITIONS:
The responsibility for the determination of accurate measurements, the extent of work to be
performed, and the conditions surrounding the performance thereof shall be the bidder's.
Submission of a bid shall constitute acknowledgment by the bidder that he is familiar with all such
conditions. The failure or neglect of a bidder to familiarize himself with the site of the proposed
work, shall in no way relieve him from any obligations with respect to his bid.
13. RIGHT TO AUDIT RECORDS:
The City shall be entitled to audit the books and records of the Contractor or any sub - contractor to
the extent that such books and records relate to the performance of the Agreement or any
sub - contract to the Agreement. Such books and records shall be maintained by the Contractor for a
period of five (5) years from the date of final payment under the Agreement and by the
sub - contractor for a period of five (5) years from the date of final payment under the sub-contract
unless a shorter period is otherwise authorized in writing. In the event that any litigation is
instituted during such period, Contractor and its subcontractors shall continue to maintain such
books and records until the conclusion of all litigation, including any appeals.
14. FISCAL YEAR FUNDING APPROPRIATION:
a. Specified Period
Unless otherwise provided by law, a contract for supplies or services may be entered into for
any period of time deemed to be in the best interest of the City, provided the term of the
contract and conditions of renewal or extension, if any, are included in the solicitation and
funds are available for the first fiscal period at the time of contract. Payment and performance
obligations for succeeding fiscal periods shall be subject to appropriation by City Council of
funds therefor.
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b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods
When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be cancelled and the contractor
shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred
but not advertised in the price of the supplies or services delivered under the contract or
otherwise recoverable.
15. AWARD OR REJECTION OF BIDS:
The contract will be awarded to the lowest responsive and responsible bidder complying with all
the provisions of the Invitation for Bid, provided the bid price is reasonable and it is in the interest
of the City to accept it.
The Director of Purchasing reserves the right to accept all or part of any or all bids, to waive minor
irregularities, or to reject all or part of any or all bids, and to advertise for new bids, as the interest
of the City may require. The Director of Purchasing also reserves the right. to .reject the bid of a
bidder who has previously failed to perform properly or complete on time contracts of a similar
nature, or a bid of a bidder who investigation shows is not in a position to perform the contract.
In determining responsibility, the following other qualifications, in addition to price, will be
considered by the Director of Purchasing:
a. The ability, capacity and skill of the bidder to perform the service required.
b. Whether the bidder can perform the contract or provide the service promptly, or within the
time specified, without delay or interference.
c.. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
d. The quality of performance of previous contracts or services.
e. The previous and existing compliance by the bidder with laws and ordinances relating to the
contract or service.
f. The sufficiency of the financial resources and ability of the bidder to perform the contract or
provide the service.
g. The quality, availability and adaptability of the supplies, or services, to the particular use
required.
h. The ability of the bidder to provide future maintenance and service for the use of the subject of
the contract.
i. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to
the City, or whether the bidder's taxes or assessments are delinquent.
j. Such other information as may be required or secured.
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16. QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS:
a. To ensure fair consideration for all bidders, the City prohibits communication to or with any
department, division, or employee during the submission process, except as provided below.
Additionally, the city prohibits communications initiated by a bidder to any City Official or
employee evaluating or considering the bidder (up to and including the Mayor and City
Council), prior to the time an award decision has been made.
Any communication between bidder and the City will be initiated by the appropriate City
Official or employee in order to obtain information or clarification needed to develop a proper,
accurate evaluation of the bid. Such communications initiated by a bidder shall be grounds for
disqualifying the offending bidder from consideration for award of the bid and/or any future
proposal.
b. Any questions relative to interpretation of specifications or the bid process, shall be addressed
in writing as indicated below, in ample time before the period set for the receipt and opening
of bids. No inquiries, if received within ten (10) days of the date set for the receipt of bids,
will be given any consideration. See "Willi QUESTION(S) FORM" as indicated in the
Table of Contents. Any interpretation made to prospective bidders will be expressed in the
form of an Addendum to the specifications which, if issued, will be conveyed to all
prospective bidders no later than five (5) days before the date set for receipt of bids. Oral
answers will not be authoritative.
c. It will be the responsibility of the bidder to contact the Purchasing and Materials Management
Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all
such addenda, and return executed addenda with the bid.
d. Direct inquiries to the Purchasing Agent referenced on the cover page of this Invitation for
Bid:
•
City of Orlando
Purchasing and Materials Management Division
City Hall at One City Commons
400 South Orange Avenue
P.O. Box 4990
Orlando, Florida 32802 -4990
(407) 246 -2291
Fax (407) 246 -2869
Website: http: / /www.cityoforlando.net
17. SELECTION/RETECTION OF OPTIONS:
The City of Orlando reserves the right to select/reject options bid, based on price deemed to be in
the best interests of the City.
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18. SUBMITTAL OF BIDS:
Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly
executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand.
Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin
immediately opposite the correction the initials of a person signing the bid. If the unit price and the
total amount provided by a bidder for any item are not in agreement, the unit price alone shall be
considered as representing the bidder's intention, and the totals shall be corrected to conform
thereto.
19. INSPECTION OF PUBLIC RECORDS:
Bidders may request copies of the solicitation records in person or by written request to the
Purchasing Agent as listed in this solicitation. Pursuant to Florida State Statute Chapter 119.07,
sealed bids are exempt from public inspection until such time as the City provides Notice of
Intended Action or within ten (10) days after bid opening, whichever is earlier.
20. BID INFORMATION:
It is incumbent on the bidder to check the City of Orlando web site at www.cityoforlando.com for
current bid and award information, prior to and after the scheduled opening date of a solicitation.
Bidders may also contact the Purchasing and Materials Management Division in accordance with
the instructions provided herein.
21. APPLICABLE LAW
This solicitation is issued in accordance with and shall be governed by the provisions and
procedures of Chapter 7 of the City of Orlando's Code which can be accessed online at:
http: / /www.cityoforlando. net /admin/purchasing/chapter7.htm or by contacting the Purchasing and
Materials Management Division. Any appeal of matters relating to this solicitation must be filed
in accordance with the requirements of Chapter 7 of the City Code. As provided in Section 7.14 of
City Code, "[a]ny actual or prospective bidder, proposer, offeror or contractor who is aggrieved in
connection with a solicitation or award of a bid or contract may protest to the [Purchasing] Director
within seven (7) calendar days after such aggrieved person knows or should have known of facts
giving rise thereto, provided the bid award or contract has not been approved by City Council, or
the contract has not been fully executed if City Council approval is not necessary." Accordingly,
with respect to any protest of the terms, conditions, procedures, specifications, or scope of services
contained in this solicitation, including, but not be limited to, any provisions governing the method
of ranking proposals, awarding contracts, reserving rights of further negotiation, or modifying or
amending the contract, an actual or prospective Proposer must provide the Purchasing and
Materials Management Director with a written notice of protest within seven (7) calendar days after
it knows or should have known of such provision.
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22. TRADE NAMES:
In cases where an item is identified by a manufacturer's name, trade name, catalog number, or
reference, it is understood that the bidder proposes to furnish the item so identified and does not
propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by
the bidder.
The reference to a name brand is intended to be descriptive but not restrictive and only to indicate
to the prospective bidder articles that will be satisfactory. Bids on other makes and catalogs will be
considered provided each bidder clearly states in his bid or proposal exactly what he proposes to
furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly
indicate the character of the article covered by his bid.
The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article
the bidder proposes to furnish which contains major or minor variations from the specification
requirements but may comply substantially therewith.
If no particular brand, model, or make is specified and if no data is required to be submitted with
the bid, the successful contractor after award and before manufacturer or shipment may be required
to submit working drawings or detailed descriptive data sufficient to enable the City to judge if
such requirement of the specification is being complied with.
23. WARRANTY:
Bidder warrants that all equipment, materials and workmanship, whether furnished by bidder or its
subcontractor(s), will comply with the City's specifications, drawings and other requirements.
Such equipment and materials shall be free from defects, new, and suitable for the purpose for
which they are intended.
Unless otherwise specified, the awarded bidder shall fully warrant all equipment and materials
furnished hereunder against defect and materials and workmanship for a period of ninety (90) days
from date of delivery and acceptance by the City. Should any defect in materials or workmanship,
except ordinary wear and tear, appear during the stated warranty period, the awarded bidder shall
repair or replace the defect at no cost to the City.
24. SILENCE OF SPECIFICATIONS:
The apparent silence of these specifications or any supplemental specifications as to details or the
omission from same of any detailed description concerning any point, shall be regarded as meaning
that 'Only the best commercial practices are to prevail and that only materials of first quality and
correct type, size, and design are to be used. All workmanship shall be first quality. All
interpretations of specifications shall be made upon the basis of this statement.
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25. DISCOUNTS:
Bidders may offer a cash discount for prompt payment; however, such discounts shall not be
considered in determining the lowest net cost for bid evaluation purposes.
Discounts will be computed from the date of satisfactory delivery at place of acceptance or from
receipt of correct invoice at the office specified, whichever is later. Bidders are encouraged to
reflect cash discounts in the unit prices bid.
26. EXECUTION OF AGREEMENT:
The successful bidder shall, within fifteen (15) calendar days after.Notice of Award is issued by the
City of Orlando, Purchasing and Materials Management Division, enter into a contract with the
City on forms as included within the bidding documents for the performance of work awarded him
and shall simultaneously provide any required bonds, indemnities and insurance certificates.
a. Unless otherwise agreed by the City, the agreement shall be signed by an authorized Corporate
Official (Le., President, Vice President, C.E.O.). It is also required that such execution be
acknowledged before a Notary Public with Notary Seal affixed. If the aforementioned
corporate officer is not readily available, a letter of authorization can be submitted in lieu of
these requirements. Such letter of authorization must be on the corporate stationery, must
clearly state that the person who signed the referenced agreement is duly authorized to enter
into such agreement on behalf of the corporation and must be signed by one of the corporate
officials designated above. Failure to submit letter of authorization within two (2) weeks after
notification of award may result in award to the next apparent low bidder.
b. In the case of a Partnership, the agreement must be signed by a general or managing partner
and notarized as outlined -above.
c. In the case of a sole proprietorship, the owner must sign the agreement and have such
execution notarized.
d. If you have any questions regarding the execution of the signature page, please feel free to
contact the Purchasing Department at (407) 246 -2291 for further clarification. Strict
adherence to criteria outlined above is of the utmost importance in finalization of agreements
awarded to successful bidders.
27. FAILURE TO EXECUTE AGREEMENT:
Failure of the successful bidder to accept the Agreement as specified may be cause for cancellation
of the award. In the event that the award is cancelled, the award may then be made to the next
lowest responsive and responsible bidder, and such bidder shall fulfill every stipulation embraced
herein as if he were the original party to whom the award was made; or the Director of Purchasing
may reject all of the bids. Contractors who default are subject to suspension and/or debarment.
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28. BIDDER QUALIFICATION:
Bids will be considered from firms who have adequate personnel and equipment and who are so
situated as to perform prompt service. The City reserves the right to request information or conduct
an inspection of the bidder's facility and equipment prior to the award of the Agreement.
Bids will be considered only from firms which are regularly engaged in the business as described in
this bid package; with a record of performance for a reasonable period of time, which have
sufficient financial support, equipment, and organization to ensure that they can satisfactorily
execute the service if awarded an Agreement under the terms and conditions herein stated.
The terms "equipment and organization" as used herein shall be construed to mean a fully equipped
and well established company in line with the best business practice in the industry and as
determined by the City.
Failure to comply with the established deadline for submittal of required documents may be
grounds for disqualification.
29. PUBLIC ENTITY CRIMES:
A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a Proposal to
provide any goods or services to a public entity, may not submit a Proposal with a public entity for
the construction or repair of a public building or a public work, may not submit Proposals on leases
of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under an agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in §287.017 of the
Florida Statutes for Category Two, for a period of 36 months from the date of being placed on the
convicted vendor list.
30. FLORIDA PROMPT PAYMENT ACT:
1. Proper Invoice
For purposes of billing submission and payment procedures, a "proper invoice" by a
contractor, vendor or other invoicing party shall consist of at least all of the following:
a. a description (including quantity) of the goods and/or services provided to the City (or a
party on behalf of the City) reasonably sufficient to identify it (or them);
b. the amount due, applicable discount(s), and the terms thereof;
c. the full name of the vendor, contractor or other party who is supplying the goods and/or
services including a mailing address in case of a dispute and a mailing address for payment
purposes (if they are different) and a telephone number;
d. the Purchase Order or Contract number as supplied by the City; and
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e. an identification by Division, Office or Department of the party(ies) to whom the goods
were delivered or services provided.
All invoices, in order to be classified as a proper invoice, shall be delivered to Accounts
Payable, Finance Department, City of Orlando, 400 South Orange Avenue, P.O. Box 4990,
Orlando, Florida, 32802 -4990.
Finally, in addition to all of the above, in order to be considered a proper invoice, it must be
'based on a proper delivery, installation, or provision of the goods and/or services to and
acceptance by the City (or party on behalf of the City); the vendor, contractor or other party
who is supplying the goods and/or services has otherwise complied with all of the contract's
terms and conditions and is not in default of any of them; and if the contract requires any
subcontractors or other parties to be bound by similar other "flow- down" requirements that
those requirements have been complied with.
2. Dispute Resolution
In the event a dispute occurs between a contractor, vendor or other invoicing party ( "invoicing
party ") and the City conceming payment of an invoice, the City Department, Office or Bureau
which has the dispute along with a representative of the City's Purchasing and Materials
Management Division and the invoicing party shall meet to consider the disputed issues. The
invoicing party shall provide to the City such material and information as the City may
reasonably require. Any such procedure shall be initiated by either party notifying the other in
writing of a dispute and stating with specificity its nature. This procedure shall commence not
later than forty -five (45) days, and be resolved not later than sixty (60) days, after the date on
which the proper invoice was received by the City. Any decision by the Director of
Purchasing shall constitute the final decision of the City regarding these matters and shall be
communicated in writing to the invoicing party within three business days after such decision.
If no decision is rendered within the time period as set out above, then a decision against the
invoicing party shall be deemed to have been issued.
31. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES:
At the option of the awarded vendor, the submission of any bid in response to this Invitation for
Bid constitutes a bid made under the same terms and conditions, for the same contract price, to
other governmental agencies including the State of Florida and its agencies, political subdivisions,
counties and cities.
Each governmental agency desiring to accept these bids, and make an award thereof, shall do so
independently of any other governmental agency. Each agency shall be responsible for its own
purchases and each shall be liable only for materials ordered and received by it and no agency
assumes any liability by virtue of this bid.
32. INSURANCE:
Within seven (7) days of receipt of a notification of intended award from the City, the Contractor
shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the
City. The Certificate(s) of Insurance shall demonstrate that the awarded bidder has coverage in
accordance with the requirements set forth herein.
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The City shall be notified in writing of any reduction, cancellation or substantial change of policy
or policies at least thirty (30) days prior to the effective date of said action. Insurance coverage
must be in force throughout the contract term. Should a Contractor fail to maintain insurance as
required or to provide acceptable evidence of insurance within seven (7) days prior to the
expiration date of an insurance policy, the City shall have the absolute right to terminate the
contract without any further obligation to the Contractor. In such event the Contractor shall be
liable for the entire additional cost of procuring performance plus the cost of performing the
incomplete portion of the contract at the time of termination.
All insurance policies shall be issued by companies who are licensed and authorized to do business _
under the laws of the State of Florida and shall be in a form acceptable to the City. The
Certificate(s) of Insurance shall be dated and show the name of the insured, the specified project by
name, the number of the policy, and the effective and termination date of the policy(s).
The awarded bidder agrees to provide and maintain during the term of the Contract without cost or
expense to the City, certificate(s) of insurance, as set forth below.
(a.) Commercial General Liability Insurance:
Commercial General Liability Insurance with coverage limits of not less than $500,000 per
occurrence, combined single limits for Bodily Injury and Property Damage. The City of
Orlando shall be named as an additional insured on this policy.
(b.) Automobile Liability Insurance:
Automobile Liability coverage shall be not less than $300,000 per occurrence, combined
single limits for Bodily Injury and Property Damage.
(c.) Workers' Compensation
Statutory Workers' Compensation Coverage as required by State of Florida law, as well as
Employee's Liability in the amount of $100,000.
33. DRUG -FREE WORKPLACE CERTIFICATION: •
By submitting a bid in response to this Invitation for Bid, you are certifying that your company is a
drug -free workplace in accordance with Florida Statute *287.087.
34. AMERICANS WITH DISABILITIES ACT:
Persons with disabilities needing a special accommodation to participate in this proceeding should
contact the Purchasing & Materials Management Division, City Hall at One City Commons, 400
South Orange Avenue, P.O. Box 4990, Orlando, Florida 32802 -4990, telephone (407) 246 -2291,
not later than SEVEN (7) days prior to the date on which the Accommodation is requested.
35. PURCHASING CARD PROGRAM:
The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement
process. In order to expedite payments to suppliers, The Bank of America VISA Purchasing
Card and ePayable solution has been implemented to more effectively control our procurement
activities and to achieve a significant cost savings over the traditional paper, purchasing and
payment system.
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•
As one of - the City of .Orlando's valued suppliers, your business may also achieve cost savings
results by accepting the ePayables solution. Identified supplier benefits of this Program may
include:
• Reduction of payment time
• Direct electronic deposit to your primary banking account
P Y P �'3' g
• Increase in working capital
• Elimination of invoicing
• Reduced collection efforts
• Enhanced corporate relationships
• Reduced billing costs
• Enhanced reporting
• Increased sales as a "Preferred Supplier"
Additionally, you will be able to grow your customer base by accepting purchasing cards from
other corporate customers as well as all major credit cards, therefore, The City encourages all
vendors to accept the VISA ePayable solution. -
36. RECYCLED CONTENT:
In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid,
any information available regarding recycled material content in the products bid. The City is
particularly interested in the type of recycled material used (such as paper, plastic, glass, metal,
etc.); the percentage of recycled material contained in the product and the cost and product
performance impact of increasing the percentage of recycled content. The City is requesting that
bidders provide detailed information regarding any known or potential recycled material content in
the product that may be extracted and recycled after the product has served its intended purpose, on
the Bidder's Questionnaire as provided in this solicitation.
37. LIVING WAGE POLICY:
As set forth in City Policy and Procedure 161.3, a copy of which can be downloaded
from the Purchasing website: http: / /www.cityoforlando .net/admin/cfo /includes/161 3.pdf,
Covered Service Contractors, as well as their subcontractors (first tier only), shall pay to all of
their employees providing Covered Services pursuant to a contract with the City, a living wage
for the time spent providing services to the City. (This provision does not include general
administrative personnel unless they are assigned to a City project). "Living wage" means
compensation for employment of not less than $8.50 per hour for straight' time, exclusive of
FICA, unemployment taxes, and workers compensation • insurance and employee benefits.
Necessary payroll documentation shall be provided to confirm compliance with this provision or
the service Contractor shall allow the City to audit (at service Contractor's place of business) its
payroll records to determine if compliance has been achieved. Failure to comply with the
provision may result in termination of the contract and/or preclusion from future City contracts at
the sole option of the City. This provision shall apply to all bid and Proposal awards for services,
which involve City expenditures that exceed $100,000.00 per year.
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More particularly, this provision shall apply to single and multiple award agreements for services
regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in
any one contract year. As for multiple award contracts (contract award which will be divided
among several Contractors), at the point when the City has expended $100,000.00 on that
contract in any one - contract year, regardless of whether such expenditure was to one Contractor
or several Contractors, then the living wage provision shall apply to all Contractors who are a
party to that award. For those contracts whose initial value was less than $100,000.00 but
exceeded $100,000.00 prior to the end of the contract term, this provision will be applicable to
that contract in the next quarter.
To further clarify, the Living Wage policy does not apply to part time employees, or the part time
employees of all subcontractors. Furthermore, the workers of temporary employment agencies
are not covered by the City's Living Wage Policy.
A hard copy of the City's Living Wage Policy is also available at the Purchasing and Materials
Management Division.
38. RECIPROCAL LOCAL PREFERENCE:
In the event the lowest responsive and responsible response to any Invitation for Bid or Request for
Proposal is by a vendor whose principal place of business is in a city, county, or state which grants
a preference for the procurement of such goods or services to a vendor whose principal place of
business is in such area, then the City may award a preference to the (next) most responsive and
responsible vendor having a principal place of business in the Metropolitan Statistical Area, (i.e.,
Orange, Seminole, Lake and Osceola Counties). Such preference shall be equal to the preference
granted by the area in which the lowest responsive and responsible vendor has its principal place of
business.
39. EMERGENCY SUPPORT:
t is hereby made a part of this Invitation for Bid that before, during and after a public emergency,
disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods and
services on a first priority basis. It is vital and imperative that the majority of citizens are protected
from any emergency situation which threatens public health and safety, as determined by the City.
Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a first
priority basis. The City expects to pay a fair and reasonable price for all goods and services
acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a
twenty -four (24) hour phone number in the event of such an emergency.
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40. MULTIPLE AWARDS:
The City reserves the right in its sole discretion after evaluation of all responsive bids, proposals or
qualification statements to award the work described herein to more than one responsive bidder,
proposer or respondent. In such cases where an award is made to more than one responsive bidder,
proposer or responder, the City shall apportion the work among the various primary, secondary and
alternate providers in such manner and at such time as it deems appropriate under the circumstances
in its sole discretion and no minimum amount or proportion of work is guaranteed to any single
provider or class of providers irrespective of such provider's designation as primary, secondary or
alternate.
41. SUBCONTRACTORS:
The Contractor shall perform all of its obligations and functions under the Contract by means of its
own employees, or by a duly qualified subcontractor, which is approved in advance by the City. In
the event a subcontractor is employed, the Contractor shall continuously monitor the
subcontractor's performance, shall remain fully responsible to insure that the subcontractor
performs as required and itself perform or remedy any obligations or functions, which the
subcontractor fails to perform properly.
42. BID PRICES:
Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and
profit to perform the work specified in this Invitation for Bid. Bid prices shall remain firm for the
entire contract period unless otherwise changed by an Amendment. At each renewal period, price
increases or decreases may be considered, provided they are reasonable and acceptable to the City.
Any Amendment must be in writing and signed by both parties.
43. ORDER OF PRECEDENCE
This solicitation shall be included and incorporated in the final agreement or purchase order.
Unless otherwise expressly provided in the final agreement or purchase order, in the event of any
conflict between the terms of the final agreement or purchase order, the City's solicitation, and the
vendor's response, the order of precedence shall be the final agreement or purchase order, followed
by the solicitation, and then the response to the solicitation.
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WRITTEN OUESTION FORM:
• .: 0 .
Any questions relative to interpretation of specifications or the solicitation process must be
addressed to the City in writing. For uniformity, the City requests that you use the following format. No
verbal inquiries will be accepted. Written questions must be received at least ten (10) days prior to the
solicitation due date. Written questions received within ten (10) days of the solicitation due date will not
be responded to. Please submit all questions to the Purchasing Agent as identified in this Invitation for
Bid.
Only written answers and clarifications in the form of a written Addendum to the solicitation will be
binding. Oral answers will not be authoritative.
SOLICITATION NUMBER: IFB10 -0446 DATE SUBMITTED:
SOLICITATION TITLE: HVAC Mechanical Services
COMPANY NAME:
ADDRESS:
CITY. TATE:
S ZIP:
CONTACT NAME: PHONE:
1.
2.
3.
4. •
5.
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"NO BID" RESPONSE •
TO
INVITATION FOR BID
CITY OF ORLANDO, FLORIDA
PURCHASING AND MATERIALS MANAGEMENT DIVISION
City Hall at One City Commons
400 South Orange Avenue
P.O. Box 4990
Orlando, Florida 32802 -4990
If your firm is unable to submit a bid at this time, would you please provide the information requested in
the space provided below and return to:
City of Orlando, Florida
Purchasing and Materials Management Division
City Hall at One City Commons
400 South Orange Avenue
P.O. Box 4990
Orlando, Florida 32802 -4990
We have received Invitation for Bid No. IFB10 -0446, opening at 2:00 p.m., Local Time,
City of Orlando, FL, on Thursday, September 23, 2010.
Reason for not bidding:
BY:
Signature
Name & Title, Typed or Printed
Company Name
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ANNUAL AGREEMENT FOR HVAC MECHANICAL SERVICES
THIS AGREEMENT ( "Agreement "), effective as of the day of
201_, is made by and between the City of Orlando, a municipal corporation existing under the laws of
the State of Florida, hereinafter referred to as the "City" and ., hereinafter
referred to as the "Contractor ". For good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by the parties, the parties agree as follows:
I. SCOPE
The Contractor is to perform the Work as defined in the Invitation to Bid and amendments, if any,
the Invitation to Bid and any amendments thereto being attached hereto as Exhibit "A ",
incorporated by reference herein and made a part hereof as fully as if herein set forth.
Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment,
manpower, and consumables to complete the Work.
11. TERM OF AGREEMENT
The period of this Agreement shall be for thirty -six (36) months, beginning on
and ending on . This Agreement may, by
mutual written assent of the parties, be extended for two (2) additional twelve (12) month periods
or portions thereof, up to a cumulative total of sixty (60) months.
III. COMPENSATION
The Contractor agrees to provide the services, equipment and materials as specified in its bid to
the City at the cost specified in said bid and amendments, if any, the bid and any amendments
thereto being attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof as fully as if herein set forth.
The amount as specified in Exhibit "B ", may be increased or decreased by the City under the Extra
Work provision of this Agreement, through the issuance of an Addendum, if applicable.
Any prices specified in this Agreement or Addendum thereto, will remain firm for the term of this
Agreement or Addendum.
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IV. PAYMENT
All invoices received by the City are payable within thirty (30) days from receipt, provided they
have first been approved by the using department, and such department has accepted the Work.
The City reserves the right, with justification, to partially pay any invoice submitted by the
Contractor when requested to do so by the using department.
All invoices shall be directed to the Accounts Payable Section, City of Orlando, P.O. Box 4990,
Orlando, Florida, 32802 -4990.
NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY AGREEMENT
NUMBER AS STATED HEREIN.
V. FISCAL YEAR FUNDING APPROPRIATION
A. Specified Period
Unless otherwise provided by law, a contract for supplies or services may be entered into
for, any period of time deemed to be in the best interest of the City, provided the term of
the contract and conditions of renewal or extension, if any, are included in the solicitation
and funds are available for the first fiscal period at the time of contract. Payment and
performance obligations for succeeding fiscal periods shall be subject to appropriation by
City Council of funds therefor.
B. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods
When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be canceled and the contractor
shall be entitled to reimbursement for the reasonable value of any nonrecurring cost
incurred but not advertised in the price of the supplies or services delivered under the
contract or otherwise recoverable.
VI. GENERAL CONDITIONS
A. Patents and Copyrights
The Contractor shall pay all royalties and assume all costs arising from the use of any
invention, design, process, materials, equipment, product or device in performance of the
Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense,
hold harmless and defend the City against any claim, suit or proceeding brought against the
City which is based upon a claim, whether rightful or otherwise, that the Work, or any part
thereof, furnished under this Agreement, constitutes an infringement of any patent or
copyright of the United States. The Contractor shall pay all damages and costs awarded
against the City.
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B. Termination for Default
1. The performance of Work under this Agreement may be terminated by the Director of
Purchasing, in whole or in part, in writing, whenever the Director of Purchasing shall
determine that the Contractor has failed to meet the performance requirements of this
Agreement.
2. The Director of Purchasing has a right to terminate for default if the Contractor fails to
make delivery of the supplies or perform the Work, or if the Contractor fails to perform
the Work within the time specified in the Agreement, or if the Contractor fails to
perform any other provisions of the Agreement.
3. Failure of a Contractor to deliver or perform the required Work within the time
specified, or within a reasonable time as determined by the Director of Purchasing or
failure to make replacements of rejected articles or Work when so requested,
immediately or as directed by the Director of Purchasing, shall constitute authority for
the Director of Purchasing to purchase in the open market articles or Work of
comparable grade to replace the articles or Work rejected, not delivered, nor completed.
On all such purchases, the Contractor or his surety, shall reimburse the City, within a
reasonable time specified by the Director of Purchasing, for any expense incurred in
excess of the Agreement prices.
4. Such purchases shall be deducted from Agreement quantities. Should public necessity
demand it, the City reserves the right to utilize services or use and/or consume articles
delivered which are substandard in quality, subject to an adjustment in price to be
determined by the Director of Purchasing. The Contractor shall not be liable for any
excess costs if acceptable evidence has been submitted to the Director of Purchasing that
failure to perform the Work was due to causes beyond the control and without the fault
or negligence of the Contractor.
C. Termination for Convenience
The Director of Purchasing may terminate the Agreement for convenience with advance
written notice to the Contractor.
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In the event of such a termination by the City, the City shall be liable for the payment of all
Work properly performed prior to the effective date of termination and for all portions of
materials, supplies, services, and facility orders which cannot be cancelled and were placed
prior to the effective date of termination and other reasonable costs associated with the
termination.
D. Warranty
The Contractor warrants that the Work including equipment and materials provided shall
conform to professional standards of care and practice in effect at the time the Work is
performed, be of the highest quality, and be free from all faults, defects or errors. Whenever
required by the specifications of the Invitation to Bid, the Contractor warrants that all
equipment and materials provided shall be new. If the Contractor is notified in writing of a
fault, deficiency or error in the Work provided within one (1) year from completion of the
Work, the Contractor shall, at the City's option, either reperform such portions of the Work to
correct such fault, defect or error, at no additional cost to the City, or refund to the City, the
charge paid by the City, which is attributable to such portions of the faulty, defective or
erroneous Work, including the costs for reperformance of the work provided by other
Contractors.
E. Time of Completion
The. parties understand and agree that time is of the essence in the performance of this
Agreement. The Contractor or City, respectively, shall not be liable for any loss or damage,
resulting from any delay or failure to perform its contractual obligations within the time
specified, due to acts of God, actions or regulations by any governmental entity or
representative, strikes or other labor trouble, fire, embargoes, or other transportation delays,
damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or
ability to obtain raw materials, labor, fuel or supplies for any reason including default of
suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's
or City's control, respectively, whether of a similar or dissimilar nature, which prevent or
hinder the performance of the Contractor's or City's contractual obligations, respectively.
Any such causes of delay, even though existing on the date of the Agreement or on the date of
the start of Work, shall extend the time of the Contractor's or City's performance respectively,
by the length of the delays occasioned thereby, including delays reasonably incident to the
resumption of normal Work schedules.
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However, under such circumstances as described herein, the City Director of Purchasing may
at his discretion, cancel this Agreement for the convenience of the City.
F. Indemnification and Insurance:
1. Indemnity
The Contractor hereby agrees to indemnify and hold harmless the City, its officers, agents,
and employees, from and against any and all liability, claims, damages, demands, expenses,
fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees
for trial and on appeal, and for the preparation of same arising out of the Contractor's, its
officers', agents', and employees' acts, or omissions associated with this Agreement.
2. Insurance
The Contractor, at its own expense, shall keep in force and at all times maintain during
the term of this Agreement:
(a.) Commercial General Liability Insurance:
Commercial General Liability Insurance, issued by responsible insurance
companies and in a form acceptable to the City, protecting and insuring against all
the foregoing with coverage limits of not less than Five - Hundred Thousand Dollars
($500,000) per occurrence for Bodily Injury and Property Damage.
(b.) Automobile Liability Insurance:
Automobile Liability coverage shall be in the minimum amount of Three- Hundred
Thousand Dollars ($300,000) per occurrence combined single limits for Bodily
Injury and Property Damage.
(c.) Workers' Compensation Coverage:
Full and complete Workers' ' Compensation Coverage, as required by State of
Florida law, shall be provided.
(d.) Insurance Certificates:
The Contractor shall provide the City with Certificate(s) of Insurance on all the
policies of insurance and renewals thereof in a form(s) acceptable to the City. Said
Commercial General Liability policy shall provide that the City be an additional
insured. The City shall be notified in writing of any reduction, cancellation or
substantial change of policy or policies at least thirty (30) days prior to the effective
date of said action.
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All insurance policies shall be issued by responsible companies who are acceptable
to the City and licensed and authorized to do business under the laws of the State of
Florida.
G. Acceptance
The City will be deemed to have accepted the Work after the Director of Purchasing is
notified by the using Department of its satisfaction that the Work is completed.
The Work under this Agreement shall remain the property of the Contractor until the City
accepts it. In the event the Work furnished under this Agreement is found to be defective or
does not conform to the specifications, the City reserves the right to cancel the Agreement
upon written notice to the Contractor.
• H. Correction of Work
The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or
failing to conform to this Agreement whether observed before or after substantial completion
of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear
all costs of correcting such rejected Work.
I. Right to Audit Records
The City shall be entitled to audit the books and records of the Contractor or any
sub - contractor to the extent that such books and records relate to the performance of this
Agreement or any sub- contract to this Agreement. Such books and records shall be
maintained by the Contractor for a period of three (3) years from the date of final payment
under this Agreement and by the sub - contractor for a period of three (3) years from the date
of final payment under the sub - contract unless a shorter period is otherwise authorized in
writing.
J. Time is of the Essence
The parties agree that time is of the essence in the completion of the Work called for under
this Agreement.
The Contractor agrees that all Work shall be executed regularly, diligeritly, and uninterrupted
at such a rate of progress as will ensure full completion thereof within the time specified.
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K. Information
All information, data, designs, plans, drawings, and specifications furnished to or developed
for the City by the Contractor or its employees, pursuant to this Agreement, shall be the
sole property of the City and all rights therein are reserved by the City, except that the
Contractor may disclose any such information to its corporate affiliates and their agents.
L. Safety Measures
The Contractor shall take all necessary precautions for the safety of the City's and
Contractor's employees and the general public and shall erect and properly maintain at all
times all necessary vehicular and facility safeguards for the protection of the Workmen and
public. If necessary, the Contractor shall post signs warning against hazards in and around
the Work site.
M. Extra Work
The City, without invalidating this Agreement, may order changes in the Work within the
general scope of this Agreement consisting of additions, deletions, or other revisions, the
Agreement price and time being adjusted accordingly. All such changes in the Work shall be
authorized by a written Addendum to this Agreement, and shall be executed under the
applicable conditions of the Agreement. If the Contractor plans to make a claim for an
increase in the Agreement price or an extension in the Agreement Schedule/Term, he shall
first give the City written notice within ten (10) calendar days after the occurrence of the
event giving rise to such a claim.
This written notice shall be given by the Contractor to the City, and a written approval
secured from the using Department and the Director of Purchasing, before proceeding to
execute the Work, except in an emergency endangering life or property, in which case the
Contractor shall immediately proceed.
No claim for extra work will be considered valid by thq City unless first submitted in writing.
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N. Familiarity With The Work
The Contractor by executing this Agreement, acknowledges full understanding of the 'extent
and character of the Work required . and the conditions surrounding the performance thereof.
The City will not be responsible for any alleged misunderstanding of the Work to be
furnished or completed, or any misunderstanding of conditions surrounding the
performance thereof. It is understood that the execution of this Agreement by the Contractor
serves as his stated commitment to fulfill all the conditions referred to in this Agreement.
O. • Title and Risk of Loss
The title and risk of loss to the Work shall pass from the Contractor to the City upon the
City's final acceptance of the Work.
VII. MISCELLANEOUS PROVISIONS
A. The Contractor shall not employ subcontractors without the advance written permission of
the Director of Purchasing.
B. Assignment of this Agreement shall not be made without the advance written consent of the
Director of Purchasing.
C. The Contractor shall comply with all applicable federal, state and local laws, ordinances,
rules and regulations pertaining to the performance of Work under this Agreement.
D. No waiver, alterations, consent or modification of any of the provisions of this Agreement
• shall be binding unless in writing and signed by the Director of Purchasing or his designee.
E. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of
plans or specifications as may be required by federal, state and local laws, ordinances, rules,
and regulations, for the proper execution and completion of the Work under this Agreement.
F. The Contractor shall at all times, keep the Work area free from accumulation of waste
materials or rubbish caused by his operations, and promptly remove any such materials to an
approved disposal location.
G. All disputes between the parties shall be resolved in' accordance with the City Purchasing
Code, (Chapter 7 of the City Code).
H. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials,
tools, equipment, and consumables, left on City property by the Contractor.
I. This Agreement is considered a non - exclusive Agreement between the parties.
Purchasing and Materials Management Division (SAACS) Page: 53 .
HVAC Mechanical Services ` ` -) IFB10 -0445 / DB
J. This Agreement is deemed to be under and shall be governed by, and construed according to,
the laws of the State of Florida.
K. Any litigation arising out of this Agreement shall be had in the Courts of Orange County,
Florida.
L. The undersigned hereby certifies that this Agreement is made without prior understanding,
agreement or connection with any corporation, firm or person who submitted bids for the
Work covered by this Agreement and is in all respects fair and without collusion or fraud. As
to Contractor, the undersigned hereby warrants and certifies that they are is authorized to
enter into this Agreement and to execute same on behalf of the Contractor as the act of the
said Contractor.
M. This Agreement, including any Exhibits hereto, contains all the terms and conditions agreed
upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind either party hereto.
N. The City's Director of Purchasing or his written designee shall have authority to act on behalf
of the City in matters related to this Agreement, including but not limited to the sending and
receiving of any notices required hereunder.
***************************************************** * * * ** **** ** * ** * * * * * * * * * * * * ** ***
Purchasing and Materials Management Division (SAACS) Page: 54
HVAC Mechanical Services 0 IFB10 -0446 / DB
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first
written above.
PURCHASING AND MATERIALS APPROVED AS TO FORM AND LEGALITY
MANAGEMENT DIVISION for the use and reliance of the
CITY OF ORLANDO, FLORIDA City of Orlando, Florida, only.
By:
Director of Purchasing Date: , 2010
RHONDA SCOTT, C.P.M., CPPO, FCCN
Name, Typed or Printed
CITY ATTORNEY
Date: , 2010 ORLANDO, FLORIDA
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CONTRACTOR
By:
Signature
CORPORATE SEAL
Name & Title, Typed or Printed
Name of Company, Corp., etc.
Mailing Address
City, State and Zip
Area Code/Telephone Number
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2010, by , as the , on behalf of
He/she (is) personally known to me or (has) produced
(type of. identification)
WITNESS my hand and official seal this day of , 2010.
(SEAL) Signature of Person Taking Acknowledgment
Typed, Printed or Stamped Name of Person
Taking Acknowledgment
My Commission Expires:
Purchasing and Materials Management Division (SAACS) Page: 55
HVAC Mechanical Services ( ) ` ! IFB10 -0446 / DB
EXHIBIT "A"
INVITATION TO BID
Purchasing and Materials Management Division (SAACS) Page: 56
HVAC Mechanical Services 0 (3 IFB 10 -0446 / DB
EXHIBIT "B"
SUCCESSFUL CONTRACTOR'S BID
AND ANY AMENDMENTS THERETO
Purchasing and Materials Management Division (SAACS) Page: 57
HVAC Mechanical Services IFB10 -0446 / DB
EXHIBIT "B"
SUCCESSFUL CONTRACTOR'S BID
AND ANY AMENDMENTS THERETO
Purchasing and Materials Management Division (SAACS) Page: 12
Y U
Mayor ) Director S chasing and Materials Management
Buddy Dyer "' + Rhonda Scott, C.P.M., CPPO, FCCN
, f
Lr
• Procurement Manager
Roger Cooper, C.P.M.
i'Y OFO
IN VITA.TION FOR ETD (IFII)
•
DATE OF ISSUE: August 30, M10
IMBUE DATE: Tftnembey, September 23, 2010
IFB DUE TIME: p ., lAtral rime, # ity of -Orlando, FL,
BID DELIVERY LOCATION: lurehaaing and Materials Managgmcst Division
tI
I oprithrg hel trt.nvrte f7 7
1[l Ili: HVAC leselltanical Sr*
IFS NO 10210.6446,
ENVELOPE)
THIS IS NOT AN ORDER
DIIIECT M it INQUIRIES' Dodd ,P9areba Agent BI
P ? 7A6-20+7
Email: David.Billineslev(cityoforlando.net
DESINESS NAME & ADDRESS
S+oi Meth
Business Nam
Li/ c _0/d Wwer Gars„ O.
Attu
L10 , F� . a Yf i
Ci*y, S$ Zip
- 3 Atag ( - Ogi6q
Cam. Frey► /Telephone
k is the intent and impose if City °Milan& that far Hid painotes campetilite Went& . t
shall beIlse.liddetes responsibility to advise the Pm:basing and Materials Management Divisionat the adth+ess
noted herein, if any language, se reams, €t€. or any combination thertoc. road rts.ndy restflot4. tir :i
the requirements std in this Traritation for Bid to a single same notification moo he sninn.itte t irr
writing and must be received by the Purchasing and Materials Management Division. not. later titan ten (TO) 1
{ k " " ••: li] }a::: Sra1��^ 9 a33:• t 3 i#? i•- IP."X; iTFA Ott �•�i •Y
I.
MVAC Mechanical Services
IFB10-0446 / DB •
+
() •
BIDDER'S CERTIFICATION:
i have carefully examined the Invitation for Bid, Instructions to Bidders, General, Standard and Special
Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made
a part of this Invitation for Bid.
I hereby propose to furnish the goods or services specified in the Invitation for Bid at the prices or rates
quoted in my bid. I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow the
City adequate time to evaluate the bids.
I agree to abide by all conditions of this bid and understand that a background investigation may be
conducted by the Orlando Police Department prior to award.
I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I
further certify that I am duly authorized to submit this bid on behalfofthe vendor /contractor as its act and deed
and that the vendor/contractor is ready, - willing and able to perfonm of awarderd The bid.
T fug certify, under oath, that this bid is made without prier understanding, agreement,.
discussion, or collusion with any ate per, firm ur corporatism subrziniag a bid far the etere prtithert er
services an officer, employee or agent of the City ofOklaectcr or or any other bides b interested in mid bit meal
that the unstrasigned mkecirted this Rakes t` - all knowledge zad im&matactfing of the manes
therein emaniumillnd wind* anduriand todoso.
NAME OF 11X • Swum to and stdstrASed Wore me:
S�1ta I�'I L�tUl, �nr.
cu: Or 1 or
SIGN
NAME & ITTLE, "rifrEPOR.PRINFED A LA.
1 1711 �� Winwtt,fh IL) • - canny.Publ"rc, of ' % it� t � � �
MAIL / caw EWT Pranumelliy
YOUR SAL PLACE OF BUSINESS Notary Public State of Florida . U.. Gordon
Mr cam na
MY', STATE, CODE Produced Id %i n d Dolma 04/25/20i4
( 1 65.5.2 Tom_
SINE NUMBER .
c I 16 -Mr/ Company Tic rD# .
FAX NU (e`rsCortipagyTax utiolusys.. Ur&
Crty / is s requesting ind victual social security nxmbers.)
SuS -ham a� Ined,An;0 • A *4
E-MAIL ADMIRES
rardt sing and R IltPaf is Vlanagement. TYMsion rIg= . Z1'
.HVAC Mechanical Services C) IFB10 -0446 / DB
ADDENDUM ACKNOWLEDGMENT FORM:
The undersigned acknowledges receipt of the following addenda to the Documents (Give number and
date of each):
('J oie
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Failure to submit acknowledgment of any Addendum that affects the Bid prices is considered a
major irregularity and will be cause for rejection of the bid.
Med4.144 t.
Company
Signature
,rei ;Jr" 4
Title
Purchasing and Materials Management Division Page: 12
LVAC IttechauipoiSavices IMO-0444 / Ds
111111110EWS O1JESTIONNA11111E:
•
The following questionnaire is to be completed by the bidder and provided with its bid submittal If a
question is not applicable, so indicate by - wrifMg 'N/A".
COMPANYNAME: , fart" rileam;r4.1 , L.
Add= of Principa Place of Businrss: I1 1). 011 1,1: Ake & IZJ
City/State/Zip: 0(141 Pt, 1)fli
Name of primary Contact 374J4, 640Ce &Mit " 3" . 144io..0 4virr illeauweal ..aed
fmr nEbr Airri
Sole Proprietorship Partnership -
— - 44 11 f_
V:!' X c'f
- State ofFnemation: Pori }s,
Federal 111# ).0 - "),r0 DUNS #
The City only requires Company Tax ID Number.
it' citly irOtvifittnf .!!'!f4f4
3. .04 ' PERSON: — 17. /s44A
— 1 101 a46 - 3 co;. 107 OgisA.
401 29 6S$1
4. INSURANCE AGENCY COMPANY NAME:
Itaftler Tnsioutt..
Agent Contact 31„ cur )-t1 1 Phone: ticri 684
Total Bonding Capacity: $ Value of Work Presently Bonded: $
5. EXPERIEME:
A. Years busincss: 3
tis:211M-
CParirirtakag tip; Cif
D. Value of work now under contract: 000
E. Percentage (%) of work usually sepxu Q ° to
ir 4111...ad risit.A -314e
m.o."
•
I L “VAC Mitkinleal &Mates IFB14-6444 I TM
• zm- • 31.• • IIIACTOVS - fur inferatatiountiaorpnies only: If bidder intends to use subcontractors,
please 'Novi* the infermation below. AU subcontractors listed remain subject to approval_ by the
f Nty
Name of subcontractors to be at:117mi/ and type of work:
Nama. ime eal City t",:.'4esitiimi COiy I&IW habiailirx
AIM= (It DI)
7. PUSONNEL AND EQUIPMENT, W APPLICABLE: ,
A. Row many employers does your oomparny employ? b Total
n. Lig tyl.rzts of.M.F.44:gint. I.11-:!
•
S. CLAIM HISTORY —Masynar eunapreay.:
A. Ti id for default within the b five (*years: YES NO X
P. Hem bankruptcy or rgs YE s: NO' X
C. Judgments or suits against company within the last five (5) years: YES NO X
Explain:
•
rA T srntriSrE 1:71
itiarffe of load service center 044
B. Address of local service center. q11). - 013
oft..,/, 11. , 31(11
.. i tv. t e d k o
D. Contact: _Telephone number. 4 107 1 417 0
l. kCVCL CONTENT:
f l
A Pf'Srf!SitAr fTf trv.yriM itrit mittstirsect irf thet.csrn • "FFY
Isynor punka parkaardishipoed In Irma:lie' I containing recycled °Potent? Yes
C. Is your product recydahle afkr it has reptimd it intzusded cad vac? Yes )C No
. ir
•
POrtat."1 11•6'.:
14 Mei& Sav • iees WIS11.64446 IDS,
(, c)
IL WORK EXPERIENCE:
LW a Milli MUM of three (3) most significant commercial projects in which the contract was similar in
ai copetoihis soliciiation compieled by your company within ibe Iasi wee (3) yeas ConiilgacyName: 64 %1 0(1.4
Address: P.0, akee 4140 Or 14, ) FZ. ?lacm
contact eau= AI Dere"
a
PrElic(-1 ree Lteried. e*.J 60(Vitt 6Gverz l o 4-a,
ContrAct.$ AL_Tvount: 4064 3 1131000 Datr Comictest 9ht110
Keter
CompanyiAgency Name: Tee - 5.sp
Address:PROf*- 3C 1 Ida+ PiIrj ge411 , Ft 33
Contact Person: 4 I ilvdc:re
Phone: 561- 6.51. ei011 Fax:
ujii i piit. ....eryite, A Pi-to Rye, 4 or iiJ
c-A-Aulatt Aid&that: sii, 'akeCoapieteli. Gorre^4.
letereaceikk
Cneeparyagestey Name: Q. 1 i4-y Orte. Wire- le6S
6'00 Taiterr4
tc,,, exh,v,8 Ei=it ebo"Q41 w re4
Phone: /101 ik) -00 Far.
ProjtaDzsaisim 5erwe, ta gop„4, (f,
contszct $ Amount Jt 1500 1
lefermer If*
Cormany/Ageircylqatm:
Crardi Przarit:
Phone: Fax:
Plojettilieseriptionz •
Contrast $ Amount Ebb Compierth
•
B ff.c.c•masea.....t Esc Pam.. 15
t. • •
'HVAC Mechanical Services () 1111164446 /
ilISNOVITY/WINIAUFS OWNMEIBILISIDIESSENTWAPRISE PARTICIrATION:
Chapter 57, Miele 11, Ivfousity Basketa Eaterprise 4101E), Wild Made 111, Viemerar-Oweed rfamisesa
Fatequise (WBE) of the Orlando City Cede, establishes' goats of t&% ow sal 6% CNBp,,
respectively, of the City's annual monetary value of contracts and subcontracts for supplies, servic.es and
ourachuotiori to he zbI1, Minority mud Womee-Ourueditaniaess Eatequises
4 A.TrOur
/* 4 1: Illf17: Trf 'f:1 'S7 6:ff. rY": (..j 1:0"
Orlando or cores&
trrty *Ow City CAMMOIL4
401) Stb Olatrigt Ammo - 5 Floor
,17, 'T5- MUM%
a Ada -traow
Otintdo,Flocida 321102-4950
OM 245-2623
If your osslosmir ii tsscirstiy restified, please ester ifiiigi =mkt and the eitpiration date m
spews provided ham eir -admit copy of the certificele received from the City staling that your
by Tr
Efalsiness Name:
Cortaratine Number:
vsyniy-Atii
'Thor shalt be MY third party beneficiaries cif the Minority 1111:413M Enterprise or liiiornen-Chvned
r_4.!11- tlf )T1::11 11.:1- 14,AV 1 . L . , kr:AT. r:.;C:;:rt!:
n:fors:met of MIWIWBE Ortittamat and couttagt terres_. No right of action for soo.sigroitories of
Agralataat is icticadorl tv kraal. lbe City of Orbsodo is the sole judge of comproirice.
f.1;41:44:J 7 ;lad CI;i4:;:,„:4. 57,,
Articles Trend M.
ig hr.u.d,cr I grtmsi usiukf,
e` WAVISmic Ofr—.
ltVittpla
EWA litifig and Iktattailth1 invigign Efi.
HVAC Mechanical Services () () IFB10 -0446 / DB
Bidder's Name:
BID PRICE FORM
You are invited to Bid on the following: HVAC Mechanical Services
Item Unit
No. Quantity Unit Description Price Total
• The Bidder, having carefully examined the specifications
and Terms and Conditions herein, proposes to furnish all
labor, materials, equipment and other items without
exception for the proper execution and completion of the
work, and if awarded the contract, to complete the said
work within time limits as specified for the following bid
prices.
REGULAR TIME RATES
1. 1,000 Hour Regular Hourly rate per Factory Trained and Certified $ L 10 $ �'{J
Service Technician
2. 1,000 Hour Regular Hourly rate per HVAC Service Helper /Apprentice $ 0 O $ �a
State below hours during which regular time will prevail:
From: a.m. To 5 p.m.
Days ofthe week: Mott - Fr
OVERTIME RATES
3. 250 Hour Overtime Hourly rate per Factory Trained and Certified $ 55 $ S5
Service Technician
4. 250 Hour Overtime Hourly rate per HVAC Service $ .$ .3
Helper/Apprentice
Staff below hours during which overtime will prevail:
From: _ 5 rm. To: p.flL
Do : of the week • -Fri 4.+ A l le ,
TIM Bil NW rail*
bans% 4
Pardo:Aug*aa Maltarblit Massennent Bieudia ragm k7
a •. •
HVAC Mechanical Services 0 0 IFB10 -0446 / DB
1
INVITATION TO BID .
You are invited to Bid on the following: HVAC Mechanical Services
Item Unit
No. Quantity Unit Description Price Total
5. $30,000.00 YEAR Materials (to be furnished by Bidden if and when requested 100% + $ _,_
by the City) shall be at Bidder's actual cost plus 5
(percent).
Evidence of actual costs may be required through
submittal of actual invoices. The unit price in the next
column is 100% plus the mark -up. For example: if mark-
up is 10 %, the unit price would be 100% + 10% and the
last column would he $30,000.00 x 110% _ $33,000.00
Business Location:
iii la co wwe 6„d, 2,.
o -i.J0, FL, 3• n
. ,_
Total Bid $ 37, Soi
'''''''
Bidder Initials
1. FOB Point Delivered Only
2. Terms of Payment (e.g. Net 30)
Recheck your quotations prior to submission. Bids may not be changed after being opened.
Purchasing and Materials Management Division Pam t$
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•
Earl K. Wood, Tax Collector Local Business Tax Receipt Orange County, Florida
This local business tax receipt Is in addition to and not in lieu of any other tax required by law or municipal ordinance. Businesses are subject to regulation of zoning, health and other
lawful authorities. This receipt is valid from October 1 through September 30ofrceipt p II trquentpenaltyisaddedOctober1.
""ORIGINAL' 2010 EXPIRE 9 1301201/ 1804- 1043909
1804 CERTIFIED MECHANICAL CONTR $30.00 1 EMPLOYEE 1, 5000 BUSINESS OFFICE $30.00 1 EMPLOYEE
C° ..
r ........
TOTAL TAX $60.00 � STARR JUSTIN N4UALIFIER
0 PREVIOUSLY PAID $60.00 } IliCk
TOTAL DUE $0 -00 .
% ! STARR MECHANICAL INC
STARR JUSTIN N
4712 OLD WINTER GARDEN RD '
4712 OLD WINTER GARDEN RD (MOBILE) '' ORLANDO FL 32811
U - ORLANDO, 32811 i •
PAtD: $80.00 99- 472093 814/2010
This receipt is official when validated by the •[hx Collector. 1
•
„4,i;
r,,,
Cityaforlhdo.net Mail - Licenses ' Page 1 of 1
CITY :
OF °ALANDO David Billingsley <david.billingsley ar cityoforlando.net>
Licenses
1 message
Justin Starr <justin @starrmechanical.net> Thu, Sep 23, 2010 at 4:59 PM
To: David .Billingsley @cityoforlando.net
David,
Attached are the requested licenses. Please let me know if you need anything else. Thank you.
Justin N. Starr
* TAflflMEcMW!CAL
4712 Old Winter Garden Road
Orlando Florida 32811
(407) 299 -6552 Office
(407) 296 -3957 Fax
(407) 427 -0459 Cell
09-23-2010 04;57;36PM.pdf
6242K
https :// mail. google.com /a/cityoforlando. net / ?ui= 2 &ik= 998486421 a& view = pt&search = inbox &th= 12b406... 9/23/2010
400 S Orange Ave, Orlando, FL 32801 to 4712 Old Winter Garden Rd, Orlando, FL 32811. - Google Maps Page;1 if1
Goclgte Dir()�oO3 ns Old Winter Garden Rd, ()
+ Orlan 2811
5.3 mi about 11 mins
r •
S ave trees. Go green!
Download Google Maps onyour """' /
phone at google.comlgrnnt
ft 400 S Orange Ave, Orlando, FL 32801
1. Head south on S Orange Ave toward E Anderson St go 236 ft
total 236 ft
, 21 141' 1 t right "o‘.11,/ Antlersol a3't
1 3. Take the lst right onto Boone Ave • go 0.1 mi •
total 0.3 mi
-. , 4t ; }� u ri leifiat ilil auth St K � i� O2. mi
F : b0ut 2 rh�ns Iota 0 4 ml .
'''" 5. Turn left to merge onto 1-4 W go 0.6 mi
0 About 1 min total 1.0 mi
°' . TTake xit 82A tQ'metre onto FL - 4l?$ W • ' 'o flYjr
• 408 Qil,rgad tptaI4. mi •
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7. Take exit 7 for Old Winter Garden Rd go 0.4 mi
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urn Ieftt Co Rd We ft inter Garden did d „ ,;
e tinatic n wIll'be oh the l total b i
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....................
4712 Old Winter Garden Rd, Orlando, FL 32811
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ
from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route.
Map data 02010 Google
Directions weren't right? Please find your route on maps.google.com and click "Report a problem" at the bottom left.
http: / /maps.google.com/maps ?f =d &source =s d &saddr=400+ South +Orange +Avenue +Orlando, +FL &dad..: 9/28/2010
Exhibit B
Federal Davis Beacon Act
The Davis -Bacon Act, SIND
as Amended U.S. Wage and Hour Division
U.S. Department of Labor
Wage and Hour Division
WH Publication 1246
(Revised April 2009)
Materials contained in this publication is in
the public domain and may be reproduced,
fully or partially, without permission of the
federal Government. Source credit is requested
but not required. Permission is required
only to reproduce any copyrighted material
contained herein.
This material will be made available to
Sensory impaired individuals upon request.
Voice phone: 202 - 693 -0675
TDD* phone: 202 - 523 -9530
PUBLIC LAW 107-217—AUG. 21, 2002 [as amended']
An Act
To revise, codify, and enact without substantive change certain general and permanent laws,
related to public buildings, property, and works, as title 40, United States Code,
"Public Buildings, Property, and Works ".
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled,
SECTION 1. TITLE 40, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to public buildings, property,
and works, are revised, codified,and enacted as title 40, United States Code, "Public Buildings,
Property, and Works ", as follows:
TITLE 40— PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * *
SUBTITLE II— PUBLIC BUILDINGS AND WORKS
* * * *
PART A— GENERAL
* * * *
CHAPTER 31 – GENERAL
* * * *
SUBCHAPTER IV - WAGE RATE REQUIREMENTS
C G QU S
Sec. 3141. Definition
In this subchapter, the following definitions apply:
(1) Federal government.— The term "Federal Government" has the same meaning that
the term "United States" had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494) (known
as the Davis -Bacon Act).
(2) Wages, scale of wages, wage rates, minimum wages, and prevailing wages. —
The terms "wages ", "scale of wages ", "wage rates ", "minimum wages ", and "prevailing
wages" include —
(A) the basic hourly rate of pay; and
' Pub. L. 109 -284 Sec. 6(11), (12), and (13) made three minor technical corrections in Secs 3141(1), and 3142(d) and (e).
(Sept. 27, 2006, 120 Stat.1213.)
'The Davis -Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which was
classified generally to sections 276a to 276a -5 of former Title 40, Public Buildings. Property, and Works, and was repealed
and reenacted as sections 3141 -3144, 3146, and 3147 of this title by Pub. L. 107 -217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
1062, 1304.
(B) for medical or hospital care, pensions on retirement or death, compensation for
injuries or illness resulting from occupational activity, or insurance to provide any of the
forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or
accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship
or other similar programs, or for other bona fide fringe benefits, but only where the con-
tractor or subcontractor is not required by other federal, state, or local law to provide any
of those benefits, the amount of—
(i) the rate of contribution irrevocably made by a contractor or subcontractor to a
trustee or to a third person under a fund, plan, or program; and
(ii) the rate of costs to the contractor or subcontractor that may be reasonably an-
ticipated in providing benefits to laborers and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or program which was com-
municated in writing to the laborers and mechanics affected.
Sec. 3142. Rate of wages for laborers and mechanics
(a) Application.— The advertised specifications for every contract in excess of $2,000, to
which the Federal Government or the District of Columbia is a party, for construction, alteration,
or repair, including painting and decorating, of public buildings and public works of the
Government or the District of Columbia that are located in a State or the District of Columbia
and which requires or involves the employment of mechanics or laborers shall contain a
provision stating the minimum wages to be paid various classes of laborers and mechanics.
(b) Based on Prevailing Wage. — The minimum wages shall be based on the wages
the Secretary of Labor determines to be prevailing for the corresponding classes of laborers
and mechanics employed on projects of a character similar to the contract work in the civil
subdivision of the State in which the work is to be performed, or in the District of Columbia if
the work is to be performed there.
(c) Stipulations Required in Contract.— Every contract based upon the specifications referred
to in subsection (a) must contain stipulations that —
(1) the contractor or subcontractor shall pay all mechanics and laborers employed
directly on the site of the work, unconditionally and at least once a week, and without
subsequent deduction or rebate on any account, the full amounts accrued at time of payment,
computed at wage rates not less than those stated in the advertised specifications,
regardless of any contractual relationship which may be alleged to exist between the
contractor or subcontractor and the laborers and mechanics;
(2) the contractor will post the scale of wages to be paid in a prominent and easily
accessible place at the site of the work; and
(3) there may be withheld from the contractor so much of accrued payments as the
contracting officer considers necessary to pay to laborers and mechanics employed by
the contractor or any subcontractor on the work the difference between the rates of wages
required by the contract to be paid laborers and mechanics on the work and the rates of wages
received by the laborers and mechanics and not refunded to the contractor or subcontractors or
their agents.
(d) Discharge of Obligation. — The obligation of a contractor or subcontractor to make
payment in accordance with the prevailing wage determinations of the Secretary of Labor, under
this subchapter and other laws incorporating this subchapter by reference, may be discharged
by making payments in cash, by making contributions described in section 3141(2)(B)(i) of this
title, by assuming an enforceable commitment to bear the costs of a plan or program referred
to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and
assumption, where the aggregate of the payments, contributions, and costs is not less than the
basic hourly rate of pay plus the amount referred to in section 3141(2)(B) of this title.
(e) Overtime Pay. — In determining the overtime pay to which a laborer or mechanic is entitled
under any federal law, the regular or basic hourly rate of pay (or other alternative rate on which
premium rate of overtime compensation is computed) of the laborer or mechanic is deemed to
be the rate computed under section 3141(2)(A) of this title, except that where the amount of
payments, contributions, or costs incurred with respect to the laborer or mechanic exceeds the
applicable prevailing wage, the regular or basic hourly rate of pay (or other alternative rate) is
the amount of payments, contributions, or costs actually incurred with respect to the laborer or
mechanic minus the greater of the amount of contributions or costs of the types described in
section 3141(2)(B) of this title actually incurred with respect to the laborer or mechanic or
the amount determined under section 3141(2)(B) of this title but not actually paid.
3141(2)(B) of this title but not actually paid. Sec.3143.
Every contract within the scope of this subchapter shall contain a provision that if the
contracting officer finds that any laborer or mechanic employed by the contractor or anv
subcontractor directly on the site of the work covered by the contract has been or is being
paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal
Government by written notice to the contractor may terminate the contractor's right to proceed
with the work or the art of the work which there has been p o e o as to s bee a failure to pay the required
wages. The Government may have the work completed, by contract or otherwise, and the
contractor and the contractor's sureties shall be liable to the Government for any excess costs
the Government incurs.
Sec. 3144. Authority of Comptroller General to pay wages and list contractors violating
contracts
(a) Payment of Wages. —
(1) In general. — The Comptroller General shall pay directly to laborers and mechanics
from any accrued payments withheld under the terms of a contract any wages found to be
due laborers and mechanics under this subchapter.
(2) Right of action.— If the accrued payments withheld under the terms of the contract
are insufficient to reimburse all the laborers and mechanics who have not been paid the
wages required under this subchapter, the laborers and mechanics have the same right
to bring a civil action and intervene against the contractor and the contractor's sureties as is
conferred by law on persons furnishing labor or materials. In those proceedings it is not a
defense that the laborers and mechanics accepted or agreed to accept less than the required
rate of wages or voluntarily made refunds.
(b) List of Contractors Violating Contracts.—
(1) In general. — The Comptroller General shall distribute to all departments of the
Federal Government a list of the names of persons whom the Comptroller General has
found to have disregarded their obligations to employees and subcontractors.
(2) Restriction on awarding contracts.— No contract shall be awarded to persons
appearing on the list or to any firm, corporation, partnership, or association in which
the persons have an interest until three years have elapsed from the date of publication
of the list.
* * * *
Sec. 3146. Effect on other federal laws
This subchapter does not supersede or impair any authority otherwise granted by federal law to
provide for the establishment of specific wage rates.
Sec. 3147. Suspension of this subchapter during a national emergency
The President may suspend the provisions of this subchapter during a national emergency.
Sec. 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is made without regard to section
3709 of the Revised Statutes (41 U.S.C. 5), or on a cost - plus -a- fixed -fee basis or otherwise
without advertising for proposals, if this subchapter otherwise would apply to the contract.
SECTION 00881
DAVIS BACON DAVIS BACON PAY RATES
Wage Determinations applicable to Davis -Bacon Act are to be obtained from the
web -site: http: / /www.wdol.gov /dba.aspx
Add: GENERAL DECISION Number:
Date Applicable to General Decision Number:
Superseded General Decision Number:
State: Florida
Construction Type: Heavy
County: Seminole County in Florida.
HEAVY CONSTRUCTION PROJECTS:
Modification Number Publication Date
Attach Copy of WD To this sheet with the appropriate additions completed.
Unlisted classifications needed for work not included within the scope of the
classifications listed may be added after award only as provided in the labor
standards contract clauses (29 CFR 5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates listed under the
identifier do not reflect collectively bargained wage and fringe benefit
rates. Other designations indicate unions whose rates have been determined
to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
00881 -1
SECTION 00881
DAVIS BACON DAVIS BACON PAY RATES
for summaries of surveys, should be with the Wage and Hour Regional Office
for the area in which the survey was conducted because those Regional Offices
have responsibility for the Davis -Bacon survey program. If the response from
this initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described
here, initial contact should be with the Branch of Construction Wage
determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party
(those affected ted b the action) can request review and reconsideration from
the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested
party's position and by any information (wage payment data, project
description, area practice material, etc.) that the requestor considers
relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested
party may appeal directly to the Administrative Review Board (formerly the
Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
00881 -2
LABOR STANDARDS INTERVIEW
CONTRACT NUMBER AND LOCATION EMPLOYEE INFORMATION
LAST NAME FIRST NAME MI
•
NAME OF PRIME CONTRACTOR STREET ADDRESS
NAME OF EMPLOYER CRY STATE ZIP CODE
SUPERVISOR'S NAME WORK CLASSIFICATION WAGE RATE
LAST NAME FIRST NAME MI
CHECK BELOW
ACTION YES NO
Do you work over 8 hours per day?
Do you work over 40 hours per week?
Are you paid at least time and a half for overtime hours?
Are you paid for all hours worked?
Do you receive a 30- minute break for every 6 hours worked?
Have you ever been threatened or coerced Into giving up any part of your pay?
Are you receiving any cash payments for fringe benefits required by the posted wage determination decision?
Examples of 'bona fide' fringe benefits include (but are not limited to) life insurance, health insurance, pension, vacation, holidays, and sick leave
WHAT DEDUCTIONS OTHER THAN TAXES AND SOCIAL SECURRY ARE MADE FROM YOUR PAY?
HOW MANY HOURS DID YOU WORK ON YOUR LAST WORK DAY DUTIES PERFORMED TOOLS USED
BEFORE THIS INTERVIEW?
DATE OF LAST WORK DAY BEFORE INTERVIEW (YYMMOD)
WHEN DID YOU BEGIN WORK ON THIS PROJECT? (YYMMDD)
I HAVE READ THE ABOVE AND CERTIFY IT TO BE CORRECT TO THE BEST OF MY KNOWLEDGE
EMPLOYEES SIGNATURE DATE (YYMMDD)
INTERVIEWER'S SIGNATURE DATE (YYMMDD)
INTERVIEWER'S COMMENTS
WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION (II explanation is needed, use comments section) YES NO
15 EMPLOYEE PROPERLY CLASSIFIED AND PAID?
ARE WAGE RATES AND POSTERS DISPLAYED?
FOR USE BY PAYROLL CHECKER
IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? OYES ONO
COMMENTS
CHECKER
LAST NAME FIRST NAME MI JOB TITLE
SIGNATURE I DATE (YYMMDD)
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1445 (REV. 7-06)
00900 -2
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•
Instructions For Completing Payroll Form, WH -347
htto://www.dol.00v/whd/forms/wh3
• WH -347 (PDF)
OMB Control No. 1215 -0149, Expires 12/31/2011.
Persons are not required to respond to the collection of information unless it displays a currently valid OMB
control number.
General: Form WH- 347has been made available for the convenience of contractors and subcontractors
required by their Federal or Federally -aided construction -type contracts and subcontracts to submit weekly
3 and 5 (29 C.F.R.,
of Regulations, Parts ,
sati the requirements (
this form will
rl filled out, th q
payrolls. Properly satisfy uiremen
Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis -Bacon and related Acts.
While completion of Form WH -347 is optional, it is mandatory for covered contractors and subcontractors
performing work on Federally financed or assisted construction contracts to respond to the information
collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and
subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a
statement with respect to the wages paid each employee during the preceding week." U.S. Department of
Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls
to the Federal agency contracting for or financing the construction project, accompanied by a signed
"Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or
mechanic has been paid not less than the proper Davis -Bacon prevailing wage rate for the work performed.
DOL and federal contracting agencies receiving this information review the information to determine that
employees have received legally required wages and fringe benefits.
Under the Davis -Bacon and related Acts, the contractor is required to pay not less than prevailing wage,
including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay
of the fringe benefits to bona fide benefit plans, funds or
may be met either by payment g
frin e benefits m Y P Y
9 Y
workers (laborers and mechanics) as cash in lieu of fringe
ro rams or )
P 9 by making payments to the covered wo
benefits.
This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether
as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the
statement of compliance on the payroll (as shown on page 2) that he /she is paying for fringe benefits required
by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation
of the payroll follow:
Contractor or Subcontractor: Fill in your firm's name and check appropriate box.
' I
Address: Fill in your firm's address.
Payroll No.: Beginning with the number "1 ", list the payroll number for the submission.
For Week Ending: List the workweek ending date.
Project and Location: Self- explanatory.
Project or Contract No.: Self- explanatory.
Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an
individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll
submitted.
00900 -5
Version 4/11
Column 2 - No. of Withholding Exemptions: This column is merely inserted for the employer's
convenience and is not a requirement of Regulations, Part 3 and 5.
Column 3 - Work Classifications: List classification descriptive of work actually performed by each laborer
or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional
classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be
shown as having worked in more than one classification provided an accurate breakdown or hours worked in
each classification is maintained and shown on the submitted payroll by use of separate entries.
Column 4 - Hours worked: List the day and date and straight time and overtime hours worked in the
applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in
excess of 40 hours a week as "overtime ".
Column 5 - Total: Self- explanatory
Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the
actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording
the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic
rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of
assistance in correctly computing overtime. See "Fringe Benefits" below. When overtime is worked, show the
overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker;
otherwise, you may skip this box. See "Fringe Benefits" below. Payment of not less than time and one -half the
basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the
prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the
classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in
the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay
as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below.
Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly
wage was earned on projects other than the project described on this payroll, enter in column 7 first the
amount earned on the Federal or Federally assisted project and then the gross amount earned during the week
on all projects, thus "$163.00 /$420.00" would reflect the earnings of a worker who earned $163.00 on a
Federally assisted construction project during a week in which $420.00 was earned on all work.
Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five
deduction are involved, use the first four columns and show the balance deductions under "Other" column;
show actual total under "Total Deductions" column; and in the attachment to the payroll describe the
deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the
Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project,
show actual deductions from his /her weekly gross wage, and indicate that deductions are based on his gross
wages.
Column 9 - Net Wages Paid for Week: Self- explanatory.
Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so
desires.
Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be
notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. §
1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing
this statement should have knowledge of the facts represented as true.
Items land 2: Space has been provided between items (1) and (2) of the statement for describing any
deductions made. If all deductions made are adequately described in the "Deductions" column above, state
"See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out
paragraph 4 of the statement.
00900 -6
Version 4/11
Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe
benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable
wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker
on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH -347 payroll form to
indicate the payment. Note any exceptions in section 4(c).
Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or
programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of
mechanic and insert in the "straight time"
Labor, pay any remaining fringe benefit amount to each laborer and g
P Y Y 9 9
of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each
classification plus the amount of fringe benefits determined for each classification in the application wage
decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the
overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on
basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition,
check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in
cash directly to the workers. Note any exceptions in section 4(c).
Use of Section 4(c), Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage
determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe
benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft,
and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and
the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount
not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such
individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or
Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in
column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of
overtime rate.
Public Burden Statement: We estimate that it will take an average of 55 minutes to complete this collection
of information, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. If you have any
comments regarding these estimates or any other aspect of this collection of information, including suggestions
for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of
Labor, Room S3502, 200 Constitution Avenue, N.W.,Washington, D.C. 20210.
Note: In order to view, fill out, and print PDF forms, you need Adobe® Acrobat® Reader® version 5 or later,
which you may download for free at www. adobe. com / products /acrobat/readstep2.html. To save the completed
forms on your workstation, you need to use the "Save As" method to save the file.
For example, move your mouse curser over the PDF link and click on your "RIGHT' mouse button. This will
cause a menu to be displayed, from which you will select the proper save option -- depending upon which
browser you are using:
For Microsoft IE users, select "Save Target As"
For Netscape Navigator users, select "Save Link As"
Once you've selected the proper save option for your browser, and have saved the file to a location you
specified, go to your program menu and start the Adobe Acrobat® Reader. Once open, locate the PDF file you
saved and open it directly in Acrobat®.
END OF SECTION
00900 -7
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Exhibit C
"All obligations set forth in this document shall be applicable to the Vendor."
(A). Compliance.
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as
implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders
issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal
financial assistance provided under this Agreement and binding upon the City, the Subrecipient
and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these
requirements shall subject the City, the Subrecipient and any of the Subrecipient's
subrecipients and subcontractors, their successors and assigns, to those sanctions specified by
this Agreement through which Federal assistance is provided. The Subrecipient certifies and
agrees that no contractual or other disability exists that would prevent compliance with these
requirements.
(B). The Subrecipient further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very
low- income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low- income persons residing in the
metropolitan area in which the project is located."
agrees to ensure that opportunities The Subrecipient further agre pp ortunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to
low- and very low- income persons residing within the metropolitan area in which the CDBG-
funded project is located; where feasible, priority should be given to low- and very low- income
persons within the service area of the project or the neighborhood in which the project is
located, and to low- and very low- income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low- income
persons residing within the metropolitan area in which the CDBG- funded project is located;
where feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- and very low- income participants in
other HUD programs.
(D).The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
Resolution No. 2403
A Resolution of the City of Sanford, Florida
relating to the delegation of authority to the City
Manager relative to management and
implementation of the requirements of the City's
Community Development Block Grant Program
including, but not limited to, powers relative to the
approval and execution of contracts; providing for
implementing administrative actions; providing
for a savings provision; providing for conflicts;
providing for severability and providing for an
effective date.
WHEREAS, the City Commission of the City of Sanford is involved in
many diverse activities as part of the City's operating as complex municipal
government including, but not limited, to the City's Community Development
Block Grant Program; and
WHEREAS, the City Commission of the City of Sanford is vested with
certain responsibilities and powers under the provisions of the City Charter of the
City of Sanford and the City Manager has other responsibilities and powers
under the provisions of the City Charter, and
WHEREAS, the City Commission of the City of Sanford desires to
empower and direct the City Manager to implement and manage the
requirements of the City's Community Development Block Grant Program and
to take other appropriate actions to ensure the smooth and efficient operation
and functioning of City government; and
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Whereas, Section 2.04 of the City Charter of the City of Sanford relates to
the general powers and duties of the City Commission and provides that lap
powers of the City shall be vested in the Commission, except as otherwise
provided by law or this charter, and the Commission shall provide for the
exercise thereof and for the performance of all duties and obligations imposed on
the City by law" and Section 3.04 of the City Charter of the City of Sanford relates
to the powers and duties of the City Manager and provides, in pertinent part that
[title City Manager shall be the chief administrative officer of the City. The City
Manager shall be responsible to the Commission for the administration of all City
affairs placed in his or her charge by or under this Charter "; and
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing and adopting this Resolution; and
Whereas, the foregoing whereas clauses are hereby adopted as the
legislative and administrative findings of the City Commission.
Now, therefore, be it adopted and resolved by the City Commission
of the City of Sanford, Florida as follows:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Resolution the recitals (whereas clauses) to this Resolution.
(b). Although not a land development regulation, this Resolution is
consistent with the goals, objectives and policies of the Comprehensive Plan of
the City of Sanford.
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Section 2. Delegation to City Manager relating to City's Community
Development Block Grant Program.
(a). The City Manager is hereby authorized to administer all aspects of
the City's Community Development Block Grant Program within City of Sanford
municipal government including, but not limited to, the approval and execution of
diverse and various types of contracts relating to the implementation of the
Program.
(b). Notwithstanding the provisions of this Section, the City Manager
may determine that it is desirable or appropriate to submit any matter
enumerated herein to the City Commission for action as deemed necessary.
(c). The City Manager shall report all actions taken under the provisions
of this Resolution to the City Commission as soon as practicable after taking
such actions.
(d). The City Manager shall ensure that all ethics laws are adhered to
during the course of procurement actions and activities taken in furtherance of
the implementation of this Resolution and the City's CDBG Program. The City
Attorney shall assist the City Manager in such adherence to high ethical
standards and actions.
Section 3. Future Implementing Actions.
(a). The City Manager is assigned the responsibility to take any and all
necessary administrative actions that may be desirable or necessary to
implement the provisions of this Resolution.
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(b). The City Clerk is hereby authorized to attest to the signature of and
to otherwise fully assist the City Manager in the implementation of this Resolution
and the execution of diverse contract documents approved under the provisions
of this Resolution.
(c). The City Attorney is instructed to assist the City Manager in the
implementation of this Resolution.
Section 4. Conflicts.
All resolutions or parts of resolutions in conflict with the provisions of this
Resolution are hereby repealed and rescinded.
Section 5. Savings.
The prior actions of the City of Sanford relating to the implementation of
the City's Community Development Block Grant Program, as well as all related
subject matters and processes, are hereby ratified and affirmed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Resolution is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word, or portion of this Resolution not otherwise determined to
be invalid, unlawful, or unconstitutional.
Section 7. Effective Date.
This Resolution shall take immediate effect upon enactment.
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Passed and adopted this 1 day of May, 2013.
Attest: City Commission of the City of
Sanford, Florida
p a net Dougherty, ct y Clerk' Jeff Tripl 17R - • r
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
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