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PURCHASING DEPARTMENT 1-a c:
TRANSMITTAL MEMORANDUM
To: City Clerk - City Manager
RE: CDBG Funding - Desanto Plumbing, LLC Piggy Back contract with City of Orlando,
IFB11.0211 /DW
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order Mayor's signature
Final Plat (original mylars) - e e •
Letter of Credit Ob/l 1 1 Maintenance Bond 111011 Safe Safe keeping (Vault)
n Ordinance 1 epu y - • • anager
1 1 Performance Bond 1 1 Payment Bond
Resolution 171 City Manager Signature
M City Clerk Attest /Signature
Once completed, please:
n Return originals to Purchasing
1 Return copies
Special Instructions: ' o ` , ZA3- 71/
JUN 1Q2013 :21
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Rpm Date
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-1877 9
DOCUMENT APPROVAL 572 1 /20 1 3 2:19 PM
Contract Agreement Name: CDBG Funding — Desanto Plumbing, LLC Piggy Back
contract with City of Orlando, IFB 11.0211 /DW
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5asing / Date
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Finance Date
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' ItrAttorney Date
Desanto Plumbing, LLC, Piggyback Contract
The City of Sanford ( "City ") enters this "Piggyback" Contract with Desanto Plumbing,
LLC (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 Solicitation Number IFB11- 0211/DW), (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.
b) Insurance Requirements of this Contract: (state N/A if this is not
applicable). N /A.
11Page
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(a�sanfordfl.gov
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
between the parties arising out of or related to this Contract, the performance thereof or
any products or services delivered pursuant to such Contract.
21 Page
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.
Y p 9 9
f) All other provisions in the original government contract are fully binding on
the parties and will re (J r� mnt the agre-ment b tw n the City and the Vendor.
"u"' C
Entered this JO day of '� , 2013.
Attest: Desanto Plumbing, LLC
CH BY: JJJ ' .
Printed '' e: ,ept,4 1�, g1 n ' . James d. De :auto
Witness # 1 Manager /Member
Date: 5 -1
By: C � �
Printed Name: �Ad�y Qpd James Desanto
Witness # 2 / Manager /Member
Date: .5".--/C) 1 3
Attest: City Of Sanford `
III
M./Li< -4 i i t? (, By: (v c ' //3
Ja t Dougherty, City ClI-k U Norton N. , Jr.
Date: h ( T 3 City Manager (By delegation)
Approved as to form and legal sufficiency.
' Ireirrillo A ' / i
__ , . qr ,
1 - illiam L. Colbert City a ttorn
o6NN/e /V 6 r
3IPage
Exhibit A
City of Orlando
Solicitation No.
IFB 11- 0211/DW
(said original government contract)
C ITY OF ORIANDO
July 27, 2011
Mr. James DeSanto
DeSanto Plumbing LLC
21273 CR 455
Clermont, FL 34715
Dear Mr. DeSanto:
The attached contract is the City of Orlando's acceptance of your offer in response to IFB 11-
0211, Plumbing Services, and is subject to all the terms and conditions therein, as well as an
and all addenda to the original solicitation. any
This contract is a three -year contract, effective August 1 2011 and will remain in effect through
July 31 2014. The contract may be renewed upon mutual agreement as provided in the
solicitation. Any amendments to this contract must be in writing and signed by both
Such amendment(s) must be signed by the Director of Purchasing and Materials Management, or
designee, to be valid, binding, and enforceable. All invoices must reference the parties.
Number. Invoices must be submitted to the address below: a subject Contract
City of Orlando
Accounts Payable
4 Floor, City Hall
PO Box 4990
Orlando, FL 32802 -4990
Please remember that only those services specifically listed in this contract can be invoiced
against the contract, and the description and unit prices on each invoice must match the
description and unit pricing in the subject contract. Invoices not meeting these requirements are
considered Improper Invoices and will be returned.
Sincerely,
Diane Wetherington, CPPB, FCCM
Purchasing Agent II
cc: Accounts Payable Division
PURCHASING AND MATERIALS MANAGEMENT DIVISION
CITY HALL • 400 SOUTH ORANGE AVENUE • PO Box 4990 ORLANDO, FLORIDA 32802 -4990
PHONE 407 246 -2291 • FAX 246 -2869 • http: / /www.cityoforlando.net
Mayor Director of Purchasing and Materials Management
Buddy Dyer Rhonda S. Uhner, C.P.M., CPPO, FCCN
• _ , � Procurement Manager
Roger Cooper, C.P.M.
CITY OF ORLANDO
INVITATION FOR BID (IFB)
DATE OF ISSUE: May 5, 2011
IFB DUE DATE: June 2, 2011
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: PLUMBING SERVICES
IFB NO: IFB11 -0211
(IFB NUMBER MUST BE PLACED ON FRONT OF
ENVELOPE)
THIS IS NOT AN ORDER 1
DIRECT ALL INQUIRIES TO: Diane Wetherington, Purchasing Agent II
Phone: (407) 246 -3633
Email: Diane. Wetherinatonna ,citvoforlando.net
BUSINESS NAME & ADDRESS
DeSanto Plumbing LLC
Business Name
21273 CR 455
Address
Clermont, F1 34715
City, State, Zip
James DeSanto (352)978 -8475
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 — 04-06-11
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TABLE OF CONTENTS:
P AGE
INSTRUCTIONS FOR SUBMITTING BID 3
SUBMITTAL REQUIREMENT CHECK LIST 4
SEALED BID ENVELOPE LABEL 5
INVITATION FOR BID AWARD INFORMATION . 7
NON - MANDATORY PRE -BID CONFERENCE 8
NON - MANDATORY PRE -BID CONFERENCE ATTENDANCE NOTIFICATION 9
SPECIFICATIONS 10
GENERAL CONDITIONS 15
SPECIAL CONDITIONS 16
STANDARD TERMS AND CONDITIONS 17
FORMS AND SUBMITTAL DOCUMENTS:
SOLICITATION COVER PAGE 1
BID PRICE FORM(S) 39
BIDDER'S CERTIFICATION.... 41
CONTRACT AND ACCEPTANCE FORM 42
BIDDERS QUESTIONNAIRE 43
WRITTEN QUESTION(S) FORM 46
MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISE PARTICIPATION FORM 47
ADDENDUM ACKNOWLEDGMENT FORM 48
NO -BID RESPONSE FORM 49
I
Purchasing and Materials Management Division Page: 2
PLUMBING SERVICES IFB1I -0211 / DW
INSTRUCTIONS FOR SUBMITTING BID
IN RESPONSE TO INVITATION FOR BID FOR THE
PLUMBING 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 by the bidder 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 prices for each unit bid shall be shown. A total
shall be entered in the amount column for
each item bid. In case 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 asis 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.
Purchasing and Materials Management Division Page: 3
PLUMBING SERVICES IFB11 -0211 / DW
SUBMITTAL CHECK LIST: 1(
Bidders should use the following bid check list of standard forms which are to be completed and returned
as part of your bid submittal. Failure to complete and return required forms may result in your bid being
non - responsive and not considered for award. Return one (1) original and one (1) copy of bid submittal.
Additional forms /items may be required to be submitted under the terms of this Invitation for Bid which
are not listed below; therefore, it is the bidder's responsibility to read and understand the provisions of this
Invitation for Bid.
Solicitation Cover Page.
Invitation for Bid Price Form(s) (Unit Price and Total Price Columns completed).
Bidder's Certification, signed and notarized.
Bidder's Questionnaire.
Contract and Acceptance Form.
Minority /Women Owned Business Enterprise Participation Form. (If applicable)
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)
Special Items:
1. Plumbing License
2.
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.
Written Question(s) Form: Written questions must be received at least ten (10) days prior to the
solicitation due date.
Purchasing and Materials Management Division Page: 4
PLUMBING SERVICES IFB11 -0211 / DW
May 3, 2011
MEMORANDUM
TO: All Bidders/Proposers
FROM: Rhonda S. Ulmer, C.P.M., CPPO, FCCN, Director
Purchasing and Materials Management Division
SUBJECT: Important Update to eSupplier
The eSupplier System functions as a courtesy notification system, sending an email announcement to
registered suppliers when a solicitation matches the commodity code that is selected during the
registration process. eSupplier also provides notification of additional documents or changes to a
solicitation. Unless a supplier registers and downloads the solicitation directly from the City's eSupplier
website, the notification system is not activated.
If your company received a hard copy of a solicitation or Addenda in the past, it is important to note that
this practice has changed. You will no longer receive a hard copy of a solicitation or addenda; instead,
you need to download the solicitation directly from the City's eSupplier site. Please note that you must
maintain and update your eSupplier vendor file with the proper contact and email information.
Please remember that email notification is provided as a courtesy to our vendors, but it is the vendor's
responsibility to check with the City of Orlando's website at:
https:// esupplier .cityoforlando.net /vendor /common /default.aspx for current solicitation documents,
addenda, and other information.
Should you have any questions, please contact the Purchasing and Materials Management Division at
(407) 246 -2291.
RS /ah
J
Purchasing and Materials Management Division Page: 6
PLUMBING SERVICES IFB11 -0211 / DW
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. Bid documents are available for download from the eSupplier website:
You may access solicitation information by visiting the City's eSupplier website by copying the
following link in your web browser:
https: // esupplier. cityoforlando .net /vendor /common/default.aspx
2. You may also 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
ii Orlando, Florida 32801
) 3. You may also call the Purchasing and Materials Management Division at (407) 246 -2291, during
normal business hours, to request a solicitation and other related information.
Please remember, email notification is provided as a courtesy to our vendors, but it is the vendor's
responsibility to check with the City of Orlando's website at:
https: // esupplier. cityoforlando .net /vendor /common/default.aspx for current bid, and other information.
We appreciate your interest in doing business with the City Beautiful and wish you much success with
your business ventures.
Purchasing and Materials Management Division Page: 7
PLUMBING SERVICES
IFB11 -0211 / DW
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 enue - Fourth Floor
Orlando, FL 32801
On
May 19, 2011 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 t s
performance. Submission of a bid shall constitute an acknowledgment by the bidder
thoroughly examined and is familiar with the that it has
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 g
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.
Purchasing and Materials Management Division
Page: 8
PLUMBING SERVICES IFB11 -0211 / DW
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, 4 Floor, Orlando, FL 32802 on May 19, 2011 at
10:00 a.m., Local Time, City of Orlando, FL.
Please return this form by: May 18, 2011.
CITY OF ORLANDO
PURCHASING AND MATERIALS MANAGEMENT DWISION
CITY HALL AT ONE CITY COMMONS
400 SOUTH ORANGE AVENUE - FOURTH FLOOR
ORLANDO, FLORIDA 32801
TELEPHONE: (407) 246 -2291
FAX: (407) 246 -2869
PLEASE CHECK:
X We plan to attend
Name of Representatives who will attend
1. James DeSanto
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
Owner
Title
DeSanto Plumbing LLC
Name of Company
5- 30 -20T1
Date
Purchasing and Materials Management Division Page: 9
PLUMBING SERVICES IFBI1 -0211 / DW
SPECIFICATION FOR ANNUAL AGREEMENT
FOR PLUMBING SERVICES
PART 1 GENERAL
1.1 SCOPE OF WORK
It is the intent of this solicitation to establish a service contract whereby plumbing 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 City reserves the right to make multiple awards in the best interest of the City.
ty
1.2 SUBMITTALS
The Contractor is to provide documentation that illustrates the company's ability to perform the
work that will be required under the Contract. The information shall include the following:
A. Plumbing License
B. Company information including:
1) Number of years in business.
2) Number of Service vehicles
3) Names and numbers of current employee's at the date of submission
4) Number of full -time employees by category and years of experience.
C. References:
The Contractor is to provide a list of names and phone numbers of at least
four (4) references that may be contacted by the City. The Contractors reference contact
numbers shall be in service to verify work history and the type of work performed.
1.3 SERVICE REQUIREMENTS
The Contractor shall provide all labor, material, and equipment to complete the following work:
A. Existing Buildings:
1) General maintenance and repair of existing domestic and sewer piping systems.
2) Location and repair of leaks within concrete walls, frame walls or floor slabs and
replacement of material that was removed.
3) Provide and install plumbing specialties, plumbing fixtures and plumbing equipment
to repair or replace existing installations.
Purchasing and Materials Management Division Page: 10
PLUMBING SERVICES IFB11 -0211 / DW
4) The work may involve replacement of fixtures, partitions, ceramic tile work and other
equipment in restrooms that have been vandalized or otherwise are in need of repair.
5) Pump out grease traps and dispose of grease not to exceed 200 gallons.
6) Install commercial grease traps and storm drain systems.
B. New Work or Rehabilitation of Existing Buildings:
1) Provision and installation of all piping systems, plumbing specialties, plumbing
fixtures and plumbing equipment to complete the new work or rehabilitation project.
2) The work may involve complete revision of the plumbing system in a building that is
being rehabilitated for a new use.
3) The work may also involve installation of the plumbing system for a "new" building,
which will include water, and sanitary plumbing, and installation of all required
equipment to complete the project for fmal inspection and issue of a certificate of
occupancy.
0
NOTE: Approximately 90% of the Work Orders issued are for rehabilitation work.
1.4 WORK ORDERS
Ordering
A. Any supplies and/or services to be furnished under the Contract in excess of One Thousand
Dollars ($1,000.00) shall be ordered 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.
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.
1.5 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.
Purchasing and Materials Management Division Page: 11
PLUMBING SERVICES IFBI1 -0211 / DW
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 must return an estimate to the City's authorized representative(s) within one
week, or as otherwise directed, from receipt of a Work Order.
D. The Contractor's estimate will be evaluated to determine if the scope has been clearly and
accurately understood, the hours have been accurately applied, the work has been properly
estimated with supporting data presented and that material and equipment estimates are
reasonable and properly documented. After the estimate has been reviewed, the City's
authorized representative(s) will negotiate with the Contractor. The City's authorized
representative(s) will approve a fixed price for the work described in the Work Order.
E. The
Contractor acknowledges that work will be performed rmed onl after
p the above procedure
p ocedure
has been accomplished.
F. The basic work unit to be provided by the Contractor shall be determined by the City's
authorized representative(s) as to classifications and number of personnel needed for each
project. The Contractor shall have appropriate transportation and an adequate inventory of
tools and equipment to perform work at the job site.
G. Emergency work may be ordered orally and followed up within twenty -four (24) hours by a
written Work Order.
H. No work shall be done on weekends or City holidays unless specifically authorized in
writing on a Work Order issued by the City.
I. Overtime work is not allowed unless approved in writing by a Work Order issued by the
City.
J. Normal work starting time is 7:30 a.m. The Contractor's time shall start on the job site. Any
travel time 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 cost to the Contractor. The rate is straight time for all labor, except as otherwise
noted herein.
K. 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.
Purchasing and Materials Management Division Page: 12
PLUMBING SERVICES IFB11 -0211 / DW
L. Precautions will 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.
M. 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 would not be allowed on the
job site. Continued violations by a Contractor shall constitute cause for immediate
termination of the Contract.
N. 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.
O. The Contractor and Contractor's employee's shall have presentable uniforms with the
company's logo, employee name while on City property.
P. The Contractor vehicles shall display the following: Company's Name, Logo, Phone
number, Address and Sate of Florida CFC number.
1.6 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 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.
B. If the Contractor neglects, fails, or refuses to complete the work within the time specified in
each and every Work Order or as properly extended by the City, then the Contractor does
hereby agree, as part consideration for awarding of the Agreement, to pay to the City the sum
of $100.00 for each and every calendar day that the Contractor shall delay after the time
stipulated in each and every Work Order for completing the work, not as a penalty but as
liquidated damages for breach of Contract as set forth herein.
1.7 COMPLETION
After the work called for in a Work Order has been completed, the Contractor shall provide the
following information in writing to the City's 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;
Purchasing and Materials Management Division Page: 13
PLUMBING SERVICES IFB11 -0211 / DW
D. A detailed breakdown of the materials used to complete the work.
1.8 SPECIAL REQUIREMENTS
The following special requirements are conditions of the Contract:
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.
B. The Contractor shall respond to emergency service calls within one (1) hour on a 24-
hour -a -day basis. Failure to respond to after hour emergency calls within (1) hour will be
noted by the requestor and the Contractor will be notified in writing of these deficiencies.
C. The Contractor shall provide the City a 24 hour emergency phone number.
D. The Contractor(s) shall have a permanent place of business located within a thirty (30) mile
radius of Orlando City Hall, 400 S. Orange Avenue, Orlando, Florida.
E. The Contractor shall provide a communication device to personnel assigned to City projects
to allow for communication with the City's representative(s). The Contractor shall give the
City's representative a contact number while the project is ongoing.
PART 2 QUALIFICATIONS
2.1 EQUIPMENT
A. Contractor shall provide to personnel a working set of hand and power tools for all plumbing
work as required.
B. The Contractor shall have ownership of suitable major equipment to be capable of
completing the Work Order in a timely manner. The equipment shall include, but not be
limited to, the following:
1) Mechanical drain cleaning machine up to 200 feet in length with the proper cutting
adaptors. The Contractor shall be able to clean and un -clog sewer lines up to 6" in
diameter.
2) Jackhammers and air compressors.
3) Portable self-powered lighting equipment.
4) Portable sewer camera with not less than 150 feet of cable and be able to supply the
City a CD of sewer lines as necessary.
2.2 INVENTORY
The Contractor shall have and maintain an inventory of piping, plumbing specialties and plumbing
equipment to provide for timely completion of Work Orders. The Contractor will notify the City
representative of items that require lead time(s). This notification shall include the following:
1 location of purchase, vendor name, date of delivery and the date to be installed.
J END OF SECTION
Purchasing and Materials Management Division Page: 14
PLUMBING SERVICES IFB11 -0211 / DW
GENERAL CONDITIONS
Bidder should read and follow the following histractions.
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 in 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 terms 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 eam 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: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the
manufacturer. Each 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 es outlined in this bid. All invoices must 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 bidders must disclose the name of any City of Orlando
employee who owns, directly or indirectly, an interest of ten percent (10%) 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 tec in bids received.
8. INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be at destination unless otherwise stipulated. Title 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 REQUIREMENT'S: 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 officers, agents and employees harmless from liability of any kind in the
performance of or fulfilling the requirements of the Purchase Order or Contract which may result from this bid.
NOTE: ANY AND ALL STANDARD OR SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL
l CONDITIONS SHALL HAVE PRECEDENCE.
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SPECIAL CONDITIONS
E- Verify
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, assigned by the Contractor to perform work pursuant to the
Contract with 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 in compliance with
§218.735 (6) et sq. Florida Statutes.
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.
Quantities
The quantities for the items listed in this solicitation are estimated annual 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.
Site Conditions
The bidder, having visited the site and familiarized themselves with the local conditions, nature, and
extent of the work, and having examined carefully the specifications and Terms and Conditions herein,
proposes to furnish all equipment, labor and materials 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.
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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 (LISPS) 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 S. Ulmer, 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. OUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS:
a. To ensure fair consideration for all bidders, the City prohibits communication regarding the
solicitation to or with any department, division, or employee during the submission process,
except as expressly set forth in this solicitation. Additionally, the city prohibits
communications initiated by a bidder (or on a bidders behalf) to any City Official or employee
evaluating or considering the bid regarding the solicitation (up to and including the Mayor and
City Council), prior to the time an award decision has been made. Prohibited 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.
Except as provided in this solicitation, 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.
b. Any questions by a bidder relative to the interpretation of specifications or the bid process
shall be addressed in writing as indicated below. No inquiries, if received within ten (10) days
of the date set for the receipt of bids, will be given any consideration. See "Written
Question(s) Form" under Forms and Submittals Section of this solicitation. 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
Orlando, Florida 32801
(407) 246 -2291
Fax (407) 246 -2869
Website: httv:// www. cityoforlando .net/admin/purchasing/index.htm
3. TERM OE THE CONTRACT:
The term of the contract resulting from the solicitation, shall be for an initial three (3) year period.
The contract may, by mutual assent of the parties, be extended for two (2) additional one (1) year
periods or portions thereof, up to a cumulative total of five (5) years.
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4. 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.
5. SUBMITTAL OF BIDS:
Bids shall be submitted utilizing the bid forms) 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.
6. BID INFORMATION:
It is incumbent on the bidder to check the City of Orlando's website at
https: / /esupplier.citvoforlando .net /vendor /common/default.aspx or contact the City for current bid,
and other award information, prior to and after the scheduled opening date of a solicitation, in
accordance with the instructions provided herein, in section entitled, "Invitation for Bid Award
Information ".
7. 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.
8. 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.
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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.
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.
9. 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.
10. 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.
11. ALTERATIONS /CHANGES TO BID PRICE FORM(S):
Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price
Form(s). The 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.
12. ADDENDA:
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.
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.
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13. "NO BID" RESPONSE FORM:
In the event you elect not to bid on this requirement, lease complete and return the "No Bid" form
P orm
included in this solicitation.
14. 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 due date and time. No responsibility will attach to the
Purchasing Office for the premature opening of a bid not properly addressed and identified.
Bidders or their authorized agents are invited to be present at the bid opening.
15. 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 contract.
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 a contract 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.
16. INSPECTION OF PUBLIC RECORDS:
Bidders may request copies of the solicitation records in person or by written request to the City
Records and Archive Management Services located at 400 South Orange Avenue, 2 ° Floor,
Orlando, Florida, 32801 or by calling (407) 246- 2148. You may also email your request to Don
Price at donald.price@a,cityoforlando.net. 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.
17. 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. The Director of
Purchasing and Materials Management Division, however shall have the authority to waive minor
l irregularities.
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18. WITHDRAWAL OF BIDS:
/)
After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may
withdraw or correct a bid prior to the stipulated date and time for the opening of bids upon a
written request to the Director of Purchasing and Materials Management.
19. 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.
20. AWARD OR REJECTION OF BIDS:
The Director of Purchasing reserves the right to accept any, all or part of any bids, to waive minor
irregularities, or to reject any, all or part of any 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, may 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.
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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.
21. SELECTION/REJECTION 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.
22. MULTIPLE AWARDS:
The City reserves the right in its sole discretion after evaluation of all responsive bids, to award the
work described herein to more than one responsive and responsible bidder. In such cases where an
award is made to more than one responsive and responsible bidder, 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.
23. CONTINGENT FEES:
The bidder warrants that no City official or employee was paid a fee, commission, gift, or other
consideration contingent upon receipt of an award for the services and/or supplies specified herein.
24. IRREVOCABLE OFFER:
The submission of a bid shall constitute an irrevocable offer to the City by the bidder for a period
of ninety (90) days from the date of bid opening to provide the goods and services set forth in this
solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in
the bid.
25. PRICING AND ORDERING:
The City will issue purchase orders directly to the awarded bidder for the purchase of supplies and
materials. The awarded bidder shall honor these orders in accordance with the terms and
conditions of the solicitation and their pricing and discounts terms as listed in their bid submittal.
Unless otherwise specified, the awarded bidder shall stock sufficient quantities of supplies to meet
the requirements of the City on an "as- needed" basis within seventy -two (72) hours after being
notified of such requirements by the City.
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26. RETURN OF MERCHANDISE:
All items delivered must meet the Specifications p s 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.
27. 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 it is familiar with all such
conditions. The failure or neglect of a bidder to familiarize itself with the site of the proposed
work, shall in no way relieve him from any obligations with respect to his bid.
28. RIGHT TO AUDIT RECORDS:
The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the
extent that such books and records relate to the performance of the contract or any subcontract.
The Contractor and its subcontractors shall retain and maintain financial records and other records
relating to the contract for a period of five (5) years from the date of final payment under the
contract and by the subcontractor for a period of five (5) years from the date of final payment under
the subcontract unless a shorter period is otherwise authorized in writing by the City. 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.
29. ASSIGNMENT:
The Contractor shall not sell, assign, or transfer any of its rights, duties, or obligations under the
contract or under any purchase order issued pursuant to the contract, without the prior written
consent of the City. The Contractor shall give full attention to the contract, to the faithful
execution of the contract, and shall keep the same under its control.
30. 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.
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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 cancelled and the Contractor
shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred
but not amortized in the price of the supplies or services delivered under the contract or
otherwise recoverable.
31. 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 .netladmin/purchasing/161 3.pdf 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.
32. 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. t3'' pe gs req nts. 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 reperfonn 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.
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33. CONTRACT AND ACCEPTANCE FORM:
In order to expedite the contracting process after bid opening and preclude delays g P ays occasioned by
subsequent contract execution, bidders are requested to sign the Contract and Acceptance Form
included with this solicitation and return the form with their bid. In the event that a successful
bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if
necessary, a letter of authorization) with their bid, the City shall notify the bidder of the City's
intent to make an award and the bidder shall submit such form properly executed (together with a
letter of authorization, if necessary, as set forth below) within fifteen (15) calendar days of receipt
of notice from the City.
Unless such time is extended by the City, the failure of a bidder to submit a properly executed
form (and, where necessary, a letter of authorization) within said time period shall be cause for
cancellation of the intended award by the City in its sole discretion. In the event that an intended
award is cancelled, the award may then be made to the next lowest responsive and responsible
bidder or the Director of Purchasing may decline to make an award. Successful bidders who
default in properly executing the Contract and Acceptance Form after notification of the City's
intent to make an award shall forfeit any bid security to the City and are subject to suspension
and/or debarment by the City.
Unless otherwise agreed by the City in its sole discretion, the Contract and Acceptance form shall
be executed and notarized as follows:
a. If the bidder is a corporation, the Contract and Acceptance Form shall be signed by an
authorized corporate officer (i.e., President, Vice President, C.E.O, or C.O.O.).
b. If bidder is a Partnership, the Contract and Acceptance Form shall be signed by a general or
managing partner.
c. If the bidder is a limited liability company, the Contract and Acceptance Form shall be signed
by a Manager or Managing Member having authority to bind the company.
d. If bidder is a sole proprietorship, the owner shall sign the Contract and Acceptance Form.
If an aforementioned signatory is not available and a different authorized signatory executes the
form, a letter of authorization reflecting the signatory's authority shall be submitted on the bidder's
stationery stating that the person who signed the form is duly authorized to enter into such contract
on behalf of the bidder. Such letter of authorization shall be signed by one of the designated
signatories above or such other representative as may be acceptable to the City. If you have any
questions regarding the execution of the Contract and Acceptance Form, please contact the
Purchasing and Materials Management Division at (407) 246 -2291 for further clarification.
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If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by
the City with respect to the items awarded and returned to the bidder evidencing the City's
acceptance of the bid. No award shall be final, and no bidder shall have any entitlement to a
contract or award, until such time as the City has executed the Contract and Acceptance Form.
Upon execution by both parties, the Contract and Acceptance Form will constitute the formal
written contract between the City of Orlando and the bidder. Any such resulting contract shall be
non - exclusive, and the City may procure the goods and services listed in said contract from other
sources. Within one (1) week of receipt of the fully executed Contract and Acceptance Form, an
awarded bidder shall provide to the City with any required bonds, indemnities, and insurance
certificate(s).
34. ACCEPTANCE OF MATERIALS /SERVICES:
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, in accordance with solicitation
specifications.
The Work under this Agreement shall remain the property of the Contractor until the City accepts
such work. 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.
35. CONTRACT ALTERATIONS:
No waiver, alterations, consent or modification of any of the provisions of the contract shall be
binding unless in writing and signed by the Director of Purchasing or his designee.
36. INDEMNIFICATION:
The awarded bidder 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 the contract.
37. 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 the minimum amount of $300,000 per
occurrence, combined single limits for Bodily Injury and Property Damage.
(c.) Workers' Compensation Coverage:
Statutory Workers' Compensation Coverage as required by State of Florida law, as well as
Employee's Liability in the amount of $100,000.
38. LICENSES:
Unless otherwise extended by the City, the awarded bidder will be required within fifteen (15)
calendar days of award date, to provide any and all local, state, and federal licenses, approvals,
permits, authorizations and/or certifications which would be applicable for all services to be
rendered during the term of the contract.
39. AUTHORITY:
The City's Director of Purchasing or a written designee shall have authority to act on behalf of
the City in matters related to the contract, including but not limited to the sending and
receiving of any notices required hereunder.
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40. PUBLIC ENTITY CRIMES:
A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been P laced on the
convicted vendor list following a conviction for a public entity crime may not submit a bid to
provide any goods or services to a public entity, may not submit a bid with a public entity for the
construction or repair of a public building or a public work, may not submit a bid 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.
41. PROMPT PAYMENT ACT:
Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes,
Local Government 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
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.
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2. Dispute Resolution
In the event a dispute occurs between a Contractor, vendor or other invoicing party
( "invoicing party") and the City concerning 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.
42. 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.
43. EQUIPMENT:
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.
44. TERMINATION FOR CONVENIENCE:
The Director of Purchasing may terminate any contract resulting from this solicitation for
convenience with advance written notice to the Contractor. In the event of such a termination by
the City, the City shall be liable for the payment of all work properly performed or materials
provided 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.
45. 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.
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46. 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, Orlando, Florida 32801 telephone (407) 246 -2291, not later than SEVEN
(7) days prior to the date on which the accommodation is requested.
47. 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.
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
• 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.
48. 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, (Le.,
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.
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49. EMERGENCY SUPPORT:
It is hereby made a part of this Invitation for Bid that before, during and after
a public p blic emer enc
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 citizens of the City 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
fast 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.
50. 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
subcontractor fails to perform properly. ,which the
51. BID PRICES:
Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and pro
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.
52. GOVERNING LAW / VENUE:
The contract is deemed to be under and shall be governed by, and construed according to, the laws
of the State of Florida. Any litigation arising out of this contract shall be commenced in the State
and Federal Courts of Orange County, Florida.
53. 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.
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54. LIVING WAGE POLICY:
As set forth in i
C ty 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 Covered
Services, which involve City expenditures that exceed $100,000.00 per year.
More particularly, this provision shall apply to single and multiple award agreements for
Covered 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.
55. ORDER OF PRECEDENCE:
This solicitation shall be included and incorporated in the Purchase Order or Contract. The
contract, including any Exhibits, contains all the tenors and conditions agreed upon by the parties.
No other contract, oral or otherwise, regarding the subject matter of the contract, shall be deemed
to exist or to bind either party hereto. Unless otherwise expressly provided in the Purchase Order
or Contract, in the event of any conflict between the terms of the contract or purchase order, the
City's solicitation, and the vendor's response, the order of precedence shall be the contract or
purchase order, followed by the solicitation, and then the response to the solicitation.
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56. 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 a claim, whether rightful or otherwise, that the Work, or any part thereof, fern hed nderthe
Contract, constitutes an infringement of any patent or copyright of the United States. The
Contractor shall pay all damages and costs awarded against the City.
57. TERMINATION FOR DEFAULT:
The performance of Work under the Contract 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 the Contract.
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 Contract, or if the Contractor fails to perform any other provisions of the
Contract.
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, On all such purchases, the Contractor or his surety, shall reimburse the City, within
reasonable time specified by the Director of Purchasing, for any expense incurred in excess of the
Contract prices.
Such purchases shall be deducted from Contract quantities or work. 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.
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58. TIME OF COMPLETION;
The parties understand and agree that time is of the essence in the performance of the Contract.
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. However, under such
circumstances as described herein, the City Director of Purchasing may at his discretion, cancel the
Contract for the convenience of the City.
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.
59. CORRECTION OF WORK:
The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing
to conform to the Contract 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.
60. INFORMATION:
All information, data, designs, plans, drawings, and specifications furnished to or developed for
the City by the Contractor or its employees, pursuant to the Contract, 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.
61. 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.
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62. EXTRA WORK:
The City, without invalidating the Contract, tract, may order changes in the Work within the general
scope of the Contract 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 Amendment to the Contract, and shall be executed under the applicable conditions of the
Contract. If the Contractor plans to make a claim for an increase in the Contract price or an
extension in the Contract 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.
63. FAMILIARITY WITH THE WORK:
The Contractor 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 the Contract
by the Contractor serves as his stated commitment to fulfill all the conditions referred to in the
Contract.
64. 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.
65. 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.
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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.
66. FEDERAL. STATE. AND LOCAL RULES / APPROVALS:
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.
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.
67. CLEAN WORK AREA:
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.
68. MISCELLANEOUS PROVISIONS:
By submitting a bid, the bidder shall be deemed to have certified that the Contract is made without
prior understanding, agreement or connection with any corporation, firm or person who submitted
bids for the work covered by the Contract and is in all respects fair and without collusion or fraud.
Bidder further warrants and certifies that they are authorized to enter into the Contract and to
execute same on behalf of the Contractor as the act of the said Contractor.
The Contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by
the parties. No other agreements, oral or otherwise, regarding the subject matter of the Contract
shall be deemed to exist or to bind either party thereto.
The City's Director of Purchasing or written designee shall have authority to act on behalf of the
City in matters related to the Contract, including but not limited to the sending and receiving of
any notices required hereunder.
***********************,***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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\f)
FORMS AND SUBMITTAL DOCUMENTS
1
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Bidder's NameDeSanto Plumbing
BID PRICE FORM
You are invited to Bid on the following: PLUMBING SERVICES
Item Estimated Unit Unit Total
No. Quantity Description Price
REGULAR TIME RATES
1. 220 Hours Regular Hourly rate per Journeyman Plumber/Pipe Fitter $ 6 5.0 0 $ 1 3 0 0
2. 350 Hours Regular Hourly rate per Plumber's Helper /Apprentice $ 5 0.0 0 $ 1 7 , 5 0 0
State below hours during which regular time will prevail:
From: 7:00 a.m. To: 5:00 p.m.
DAYS OF THE WEEK: Monday- Friday
OVERTIME RATES
3. 50 Hours Overtime Hourly rate per Journeyman Plumber/Pipe Fitter $97 . 5 0 $ 487 5.0
4. 70 Hours Overtime Hourly rate per Plumber's Helper/Plumber's $ 7 5.0 0 $ 5 2 5 0.0
Apprentice
State below hours during which overtime will prevail:
FROM: 5: 0 0 pna.m. TO: 7: 00 anp.m.
DAYS OF THE WEEK: M -F+ s, s
Sub -total (this page) $ 41 , 9 25 . 0 0
Bidder Initials 4V
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Bidder's NameDeSanto Plumbing
BID PRICE FORM
You are invited to Bid on the following: PLUMBING SERVICES
Item
Quantity Unit Unit
No. Q �' it Description Total
Price
5. $26,000 Year Materials (to be furnished by Bidder if and when requested 100% + $2 7 , 3 0 0
by the City) shall be at Bidder's actual cost plus 5% 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 wouid be 100% + 10% and the
last column would be $26,000.00 x 110% _ $28,600.00
Sub -total (this page) $ 2 7, 3 0 0.0 0
GRAND TOTAL (ALL PAGES) $ 6 9 , 2 2 5. 0 0
Bidder Initials
1. FOB Point Destination
2. Discount Payment Terms (if any): 0 %, if paid within 3 0 days after receipt of invoice.
3. Is your company willing to accept the VISA ePayable solution for payment of all invoices?
X Yes No
4. Is your company willing to serve as a secondary supplier in the event your company is not selected for
primary award? x Yes No
Recheck your quotations prior to submission. Bids may not be changed after being opened.
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BIDDER'S CERTIFICATION FORM:
I have carefully examined the Invitation for Bid, Instructions to bidders, General, Standard and Special
Conditions, Specifications, Contract and Acceptance Form 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 bidder 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, collusion or fraud 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.
DeSanto Plumbing LLC. Co y f-
County of � � I- Q ° o � €
NAME OF BUSINESS _ N
N
Sworn tg_(or a' ' ed) and subscribed before me ; d 3
BY ..s / ' day of ,20/1, by I %
SIG A ••`
TURE �,�
n 2 gal
James E
J DeSanto, Owner Iw
NAME & TITLE, TYPED OR PRINTED LNPA p f
Si ture of Notary p ry
21273 CR 455 Clermont ''
Notary Public, State of � • • 1\•
MAILING ADDRESS
Personally Known
Clermont
F1 34715 -OR-
CITY, STATE, ZIP CODE Produced Identification 1(
( ) 35 2 - 9 7 8 - 8 47 5 Type: (_
TELEPHONE NUMBER �> - - O
( ) 352-243-4211 Company Tax ID # 68- 0616058
FAX NUMBER (The City only requires Company Tax ID numbers. The
desantoplumbing@yahoo.com City is not requesting individual social security numbers.)
E-MAIL ADDRESS
Purchasing and Materials Management Division Page: 41
PLUMBING SERVICES
IFB11 -0211 / DW
CONTRACT AND ACCEPTANCE FORM FOR SOLICITATION NO. IFB11- 0211/DW:
Upon p execution of this contract below by the City of Orlando ("City"), the undersigned hereby agrees to
provide all goods and services set forth in its bid in response to the above referenced solicitation
( "Solicitation ") in accordance with, and subject to, all terms, conditions, and provisions of the Solicitation
at the prices set forth in the undersigned's bid for the items and work awarded to it by the City. This
Contract and Acceptance tance F
p onn together with the (i) Solicitation, including all addenda, and (ii) the
undersigned's bid in response to the Solicitation, including all schedules and forms submitted with the
bid, all of which are hereby incorporated herein by this reference, shall constitute the formal written
con ct between th; i rt and the undersigned.
•,, �
1 State of /
S AMP County of
James J DeSanto, Owner Sworn t affirm- (or ann-d) and subscribed before me $ in
NAME & TITLE, TYPED OR PRINTED t 's f day of ,ii • 2 0)1, by y �;
z � a
: f ECISI
DeSanto Plumbing LLC
•
NAME OF BUSINESS
afore of Notary g E
21273 CR 455
Notary Public, State of F� "
MAILING ADDRESS .....,,.,,,,,
Clermont F1 34715 Personally Known (circle if applicable) =a1'� ', 'k
Vi-344 1' '' , 1
CITY, STATE, ZIP CODE AR_ x '-3 4 4 s' •
PHONE: (352 ) 9 7 8 - 8 4 7 5 Produced Identification : (�
FAX: 352 243-4211
Type of Identification: PC_N j � �� -/o /
E - MAIL: desantoplumbing @yahoo.com
1
1
FOR USE BY THE CITY OF ORLANDO ONLY
This contract is awarded to the party listed above as a: Primary Supplier: ✓ Secondary Supplier:
This contract is for: All Item Numbers: / or Item Numbers:
INITIAL CONTRACT TERM: R i o to 1/3/1/ (/ Annual Contract Value: J (p �...,� o o
ACCEPTANCE:
PURCHASING APPROVED AS TO FORM AND LEGALITY
AND MATERIALS MANAGEMENT for the use and reliance of the
CITY OF ORLANDO, FLORIDA City of Orlando, Florida, only.
By: ' 4x. f —1 a—X-0A-- 1- 4 t .cam
Director of Purchasing Assistant City Attorney
ORLANDO, FLORIDA
RHONDA S. ULMER, C.P.M., CPPO, FCCN
Date: 2011 Date: 2
, 2011
Purchasing and Materials Management Division
Page: 42
PLUMBING SERVICES IFB11 -0211 / DW
)
ADDENDUM ACKNOWLEDGMENT FORM:
The undersigned acknowledges receipt of the following addenda to the Documents (Give number and date
of each):
Addendum No. N / A 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.
DeSanto Plumbing LLC
Company
ature
Owner
Title
Purchasing and Materials Management Division Page: 48
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 by 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 I MI
NAME OF PRIME CONTRACTOR STREET ADDRESS
NAME OF EMPLOYER CITY STATE ZIP CODE
SUPERVISORS NAME WORK CLASSIFICATION WAGE RATE
LAST NAME FIRST NAME MI
ACTION CHECK BELOW
YES NO
Do you work over 8 hours per day?
Do you work over 40 hours per week?
Are you paid at (east 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 SECURITY 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 ( YYMMDD)
WHEN DID YOU BEGIN WORK ON THIS PROJECT? (YYMMDO)
I HAVE READ THE ABOVE AND CERTIFY IT TO BE CORRECT TO THE BEST OF MY KNOWLEDGE
EMPLOYEE'S SIGNATURE DATE (YYMMDD)
X
INTERVIEWERS SIGNATURE DATE (YYMMDD)
INTERVIEWER'S COMMENTS
WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION PI explanation is needed, use comments section) YES NO
I5 9gPLOYEE PROPERLY CLASSIFIED AND PAID?
ARE WAGE RATES AND POSTERS DISPLAYED?
FOR USE BY PAYROLL CHECKER
IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? DYES ENO
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
http://www.dol.00v/whd/forms/wh347instr.htm
• 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
payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R.,
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
fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or
programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe
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.
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
Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time"
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
Version 4/11
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."
(C). The Subrecipient further agrees to ensure that opportunities 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
1 (Page
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 141
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 Charter of the City City by law and Section 3.04 of y of Sanford relates
th y y tY
to the p owers and duties of the City Manager and provides, in pertinent part that
"[t]he 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.
21Page
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.
3 1Page
(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
_f 111
' r
anet Dougherty, cy Cler! Jeff Tripl R - . r
Approved as to form
and legal sufficiency.
// 4p
L./
William L. Colbert, City Attorney
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