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PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk/M461
RE: Gemco Electric Inc., Piggyback Contract with City of Orlando No. IFB10.0010A
Electrical Services less than $50,000
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
n Development Order n Mayor's signature
n Final Plat (original mylars) Recordin•
n Letter of Credit R- - • - :
n Maintenance Bond af- . eeping (Vault) 004 3 / _
Ordinance 1- .. • • .nager
Performance Bond 1 I Payment Bond
Resolution 1 I City Manager Signature
n City Clerk Attest /Signature
Once completed, please:
Return originals to Purchasing (' ?fr-
n Return copies (t, r � ,�
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1
n I C 'I a Y
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Special Instructions: 1,
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DOCUMENT APPROVAL 6113120'13 9:49 AM
Contract Agreement Name: Gemco Electric Inc., Piggyback Contract with City of
Orlando No. IFB 10.0010A Electrical Services less than $50,000
CA9.9 pi
Purchasing nager Date L)v Cd( 13
Finance Director Date
f Olga
6- n-/3
y A ttorney Date
Gemco Electric, Inc., Piggyback Contract
The City of Sanford ( "City') enters this "Piggyback" Contract with Gemco Electric, Inc.
(hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter
provided. The City and the Vendor agree that the prior agreement between the parties
is revised and supplemented as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts.
Pursuant to this procedure, the City is allowed to piggyback an existing government
contract, and there is no need to obtain formal or informal quotations, proposals or bids.
The parties agree that the Vendor has entered a contract with City of Orlando, said
contract being identified as "Annual Agreement For Electrical Services" (Contract
Number IFB10- 0010A), (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.
II I
1 1 Pa , t
b) Insurance Requirements of this Contract: (state N/A if this is not
applicable). N /A.
c) Any other provisions of the original government contract that will be
modified (state N/A if this is not applicable):
(i). The parties agree to comply, in all respects, with the Federal Davis -Bacon
Act as described and depicted in the documents which constitute and is attached hereto
as the composite Exhibit "B" to this Contract and said documents are incorporated
herein by reference.
(ii). The Vendor agrees to comply, in all respects, with the requirements of the
Federal rules, requirements and law as described and depicted in Exhibit "C" to this
Contract which document is attached hereto and is incorporated herein by reference.
(iii). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park
Avenue; Sanford, Florida 32771. The City Manager's designated representative for this
Contract is Mr. Andrew Thomas, Senior Project Manager, City of Sanford, 300 North
Park Avenue; Sanford, Florida 32771, telephone number (407) 688 -5000 (Extension
5132) and whose e-mail address is: andrew.thomas aV 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
2 P Ag e
1
between the parties arising out of or related to this Contract, the performance thereof or
any products or services delivered pursuant to such Contract.
e) Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the
parties arising out of this Contract. Dispute resolution shall be through voluntary and
non - binding mediation, negotiation or litigation in the court of appropriate jurisdiction in
Seminole County, Florida, with the parties bearing the costs of their own legal fees with
respect to any dispute resolution, including litigation.
f) All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
Entered thisc: day of 9 , 2013.
Attest: Gemco Electric, Inc.
/ P e e „, -z
Printed Name: /l «, / af‘v5�� - - - 7 Scott E. Geen
Witness # 1 Sole Corporate Officer
Date: 6— / t
gre / ♦y EDITH M. DAVIS
� �.� ! � , �. � _ � fts :
Printed Name: , �/ ;, Notary Public - Stale a Flot li
= My Comm. Ephe Sp ll 2015
Witness # 2 svz,;�__/ cam •0 127!11
Attest: City Of Sanford
glob
d4 ( ; � ` By:
Janet Dougherty, City Cleft( Norton N :onapa. -, Jr.
Date: - o?O - ( ' City Maria. -r :y delegation)
Approved as to form and legal sufficiency.
Aff
Art0,141) 4■0312fibir
40 i iam L. Colbert City Attorney
hvrn'E n.>' i
h 3 H e
Exhibit A
City of Orlando
Solicitation No.
IFB 10 -0010A
(said original government contract)
Electrical Services Contract IFB10-0010A
Amendment No. Five
AMENDMENT NUMBER FIVE TO AGREEMENT
DATED JANUARY 4, 2010
BETWEEN CITY OF ORLANDO AND
GEMCO ELECTRIC, INC.
sr
this da
made and entered into th l y of August, 2012,
ENT TO Agreement is ma
THIS AMENDMENT g
by and between the City of Orlando, a municipal corporation organized and existing under the laws of the
State of Florida, hereinafter referred to as the "City" and Gemco Electric, Inc., hereinafter referred to as
the "Contractor ".
WHEREAS, the City and the Contractor entered into an Agreement ( "the Agreement ") under the
date of January 4, 2010, whereby the latter would provide various electrical services to the City, including
all materials, tools, labor, equipment, and consumables; and
WHEREAS, the parties amended the Agreement by dates of December 9, 2010, January 10,
2011, September 16, 2011 and July 13, 2012; and
WHEREAS, the City and the Contractor desire to amend the amount of said Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties agree to amend as follows:
I. COMPENSATION:
The Contractor agrees to provide electrical services, including all materials, tools, labor,
equipment, and consumables, to the City of Orlando, FL, at the increased contract amount
of $435,000.00.
In all other respects, and except as specifically modified and amended herein and in Amendments dated
December 9, 2010, January 10, 2011, September 16, 2011 and July 13, 2012, the Agreement dated
January 4, 2010, shall continue in full force and effect as written and the parties hereto agree to be bound
thereby.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Page 1 of 3
Electrical Services Contract IFB10 -0010A
Amendment No. Five
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first
written above.
OFFICE OF PURCHASING
AND MATERIALS MANAGEMENT
CITY OF ORLANDO, FLORIDA CONTRACTOR
By:( YO 1� lALit By: y s Gs--
Director of Purchasing ignature
•
RHONDA SCOTT. C.P.M,. CPPO. FCCN S c,71 ,4, -� c� / Prrs. i e 1
Name, Typed or Printed Name & Title, Typed or Printed
Date: +`''�� Ca ? .7- -- -Gemco Electric, Inc.
Name of Company
Cganco Octric, Inc.
. Sr& #233
Mailing Address
Oink, FL 32828
City, State and Zip
yob af) 3 ahoy
APPROVED AS TO FORM AND LEGALITY for the Area Code/Telephone Number
use Mann of the City of Orlandlodde only.
SEAL
Assistant ry Attorney
ATTEST: (Signature of second corporate official
if applicable)
Signature
Name & Title, Typed or Printed
Page 2 of 3
Electrical Services Contract IFB10 -0010A
Amendment No. Five
STATE OF /..1....-relil
COUNTY OF s cZ?4,4td-7 , 5 7 L
The foregoing instrument was acknowledged before me this 4/ day of Ai
,
2012, by air.. # Kr-e E/) and
as the / i G/I t and
respectively, and on behalf of 6/� rb � C,i G, ��c . He /she/they (is) (are)
personally known me or (has) (have) produced
(Type of Identification *) as identification and (did) (did not) take an oath.
WITNESS my hand and official seal this 7 /day of L'll p er a _
. le–,--■e_7(132:4?-.)
,,:/..
1W:4 Notary HIM Signature of Person Taking Acknowledgment
NY Cavan. EgNu log. f016
, t. :4 ;< ca • s It71111 .
Typed, Printed or Stamped Name of Person
Taking Acknowledgment
My Commission Expires:
Title/Rank of Person Taking Acknowledgment
*Acceptable Form of ID pursuant to Florida Statute 117.05 (provided it is current or has been issued
within the past 5 years and bears a serial or other identifying number):
• a driver's license or non - driver's ID card issued by Florida or any other U.S. state or U.S.
territory;
• a U.S. passport or a foreign passport stamped by the U.S. Immigration and Naturalization
Service;
• a U.S. military ID card;
• a for an inmate in custody, an ID card issued by the Florida Department of Corrections;
• Canadian or Mexican driver's license issued by an official agency;
• an ID card issued by the U.S. Immigration and Naturalization Service.
Page 3 of 3
k . , C Mr OF O'ANDo
July 11, 2012
Gemco Electric, Inc.
1969 S. Alafaya Trail, Ste 253
Orlando, Florida 32828
Attn: Mr. Scott Green
SUBJECT: Renewal of Term Contract for Electrical Services, IFB10 - 0010
Dear Mr. Green:
The subject Contract will expire on January 4, 2013.
In accordance with the terms and conditions of subject Contract, the Contract may, by mutual
assent of the parties, be renewed for an additional twelve (12) month period.
The City would like to exercise the right for the renew of this Contract for an additional year
effective, January 5, 2013, at the existing pricing, terms and conditions.
Please indicate your approval of this offer by having an officer of your firm execute
the acceptance portion below and return the original of this letter to
Bernadette Hitchins at the address noted below by July 30, 2012.
Upon execution below by your firm's authorized representative, this Contract will be your
official notice that the Contract has been extended for one (1) year and no additional
documentation will be required. Please be sure any required Insurance Certificates are up -to-
date and attached to your response. Also, send us a copy of the most current W-9 form for your
business.
Thank you for your immediate attention to this matter.
Sincerely,
% tit 'RO
ACCEPTANCE
Tonj :0 ogles, A. 'I ., C.P.M.
Purchasing Agent III
Official Signature
TV/bh Title
Date
PURCHASING AND MATERIALS MANAGEMENT DIVISION
CITY HALL • 400 SOUTH ORANGE AVENUE • P.Q. Box 4990. ORLANDO, FLORIDA 32802 -4990
PHONE 407.246.2291 • FAX 407.246.2869 • CityofOrlando.net • esupplier.cityoforlando.net Rev: 02/16/11
`,l
� ITY OF Q RLANDO
September 14, 2011
Gemco Electric, Inc.
1969 S. Alafaya Trail #253
Orlando, Florida 32828
Attn: Mr. Scott Green
SUBJECT: Extension of Term Contract for Electrical Services, IFB10-0010,
Amendment # 3
Dear Mr. Green:
The subject Contract will expire on January 4, 2012.
In accordance with the terms and conditions of subject Contract, the Contract may, by mutual
assent of the parties, be extended for an additional twelve (12) month period.
•
The City would like to exercise the right for the extension of this Contract for an additional year
effective January 5, 2012 at the existing pricing, terms and conditions.
Please indicate your approval of this offer by having an officer of your firm execute
the acceptance portion below and return the original of this letter to
Bernadette Hitchins at the address noted below by October 3, 2011.
Upon execution below by your firm's authorized representative, this Contract will be your
official wilco that thy Contract has boon Wended fur um (1) yaw and uu additiutml
documentation will be required. Please be sure any required Insurance Certificates are up-to-
date and attached to your response. Also, send us a copy of the most current W-9 form for your
business.
Thank you for your immediate attention to this matter.
Sincerely,
Diane Wetherington, CPPB, FCCM
Purchasing Agent III ACCEPTANCE
By:(
DW/bh Official Simon ture
P /e r ri/ e.. ' 7
Title
Date
{. �s•wv+wc.x s.wnun.wwt�.•. :r..:.x.iws mow. ..•yw.u+..waf.<. +4titivA'NwatN UC N..RT #4VRNaw _____ .. 1
PURCHASING AND MATERIALS MANAGEMENT DIVISION
CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. BOx 4990. ORLANDO, FLORIDA 32802 -4990
PHONE 407.246.2291 • FAX 407.246.2869 • CityofOrlando.net • esupplier.cityoforlando.net Rev: 02/16!11
N ..
ct
Electrical Services Contract IFBIO -OOIOA
Amendment No. Two
AMENDMENT NUMBER TWO TO AGREEMENT
DATED JANUARY 4, 2010
BETWEEN CITY OF ORLANDO AND
GEMCO ELECTRIC, INC.
TIIIS AMENDMENT TO Agreement is made and entered into this 10 ° day of n u A r
2011, by and between the City of Orlando, a municipal corporation organized and existing under the laws
of the State of Florida, hereinafter referred to as the "City" and Gemco Electric, Inc., hereinafter referred
to as the "Contractor ".
WHEREAS, the City and the Contractor entered into an Agreement ( "the Agreement ") under the
date of January 4, 2010, whereby the latter would provide various electrical services to the City, including
all materials, tools, labor, equipment, and consumables; and
WHEREAS, the parties amended the Agreement by date of December 9, 2010; and
WHEREAS, the City and the Contractor desire to amend the amount of said Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties agree to amend as follows:
I. COMPENSATION:
The Contractor agrees to provide electrical services, including all materials, tools, labor,
equipment, and consumables, to the City of Orlando, FL, at the increased contract amount
of $185,000.00.
In all other respects, and except as specifically modified and amended herein and in Amendment One
dated December 9, 2010, the Agreement dated January 4, 2010, shall continue in full force and effect as
written and the parties hereto agree to be bound thereby.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Page 1 of 3
r
Electrical Services Contract IFB10 -0010A
Amendment No. Two
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first
written above.
OFFICE OF PURCHASING
AND MATERIALS MANAGEMENT
CITY OF ORLANDO, FLORIDA CONTRACTOR
By: OF C-
Director of Purchasing Signature
RHONDA SCOTT, C.P.M., CPPO, FCCN C a C. C.,1 C S e,,+
Name, Typed or Printed Name & Title, Typed or Printed
Date: Gemco Electric, Inc.
Name of Company
lq(4q S, A (ACAyA f l * ‘ 3
Mailing Address
r)r - JA /, L F F. 30? r'
APPROVED M TO FORM AND LEGALITY for the City, State and
use aril malnnn of the City of Orlando, Fknitin cnly.
Assistant Attorney 1/p •7 - b a 73 - . 0
Area Code/Telephone Number
SEAL
ATTEST: (Signature of second corporate official
if applicable)
Signature
Name & Title, Typed or Printed
Page 2 of 3
s
Electrical Services Contract IFB10 -0010A
Amendment No. Two
STATE OF / /(�/? /:
COUNTY OF 9
The foregoing instrument was acknowledged before me this jelday of
7 , 4 1er2e,615_______
,
2011, by S c /^e'r,LJ and ,Velz ,
as the / . ter S'/ N, / and
'
respectively, and on behalf of Q72"0ai= G . EP she/they (is) (are)
per know o me or (has) (have) produced
(Type of Identification *) as identification and (did) (did not) take an oath.
WITNESS my hand and official seal this /GO day of �Qi9r'v, d //.
(ST .d EDI lic • BIW THM.OA e VIS at Florida Signature of Person Taking Acknowledgment
1 �� �� � Notify Pub
' r IM Commissi Expires 8p 6.1011
' : 4 . f `. Commbslon 1 DO 617618
6awnd1ha shNMIonM Paw Fn 3 //C - AI ..
Typed, Printed or Stamped Name of Person
Taking Acknowledgment
My Commission Expires: O//
Title/Rank of Person Taking Acknowledgment
*Acceptable Form of ID pursuant to Florida Statute 117.05 (provided it is current or has been issued
within the past 5 years and bears a serial or other identifying number):
• a driver's license or non - driver's ID card issued by Florida or any other U.S. state or U.S.
territory;
• a U.S. passport or a foreign passport stamped by the U.S. Immigration and Naturalization
Service;
• a U.S. military ID card;
• a for an inmate in custody, an ID card issued by the Florida Department of Corrections;
• Canadian or Mexican driver's license issued by an official agency;
• an ID card issued by the U.S. Immigration and Naturalization Service.
Page 3 of 3
r C iT!1 of QRLANDo
December 1, 2010
Mr. Scott Green
Gemco Electric Inc.
1969 S. Alafaya Trail #253
Orlando FL 32828
SUBJECT: Extension of Annual Agreement for Electrical Services
IFB 10- 0010A, Amendment Number One
Dear Mr. Green:
The subject Agreement will expire on January 3, 2011.
In accordance with the terms and conditions of subject Agreement, the Agreement may, by mutual
consent of the parties, be extended for an additional twelve (12) month period.
The City has evaluated your performance during the past year and decided to extend the Agreement for an
additional year effective January 4, 2011, at the existing pricing, terms and conditions.
Please indicate your approval of this offer by having an officer of your firm execute the acceptance
portion below and return the original of this letter by December 15, 2010 to Purchasing Agent Donna
Villinis at the address noted below.
Upon execution below by your firm's authorized representative, this Amendment will be your official
notice that the contract has been extended for one (1) year and no additional documentation will be
required.
Thank you for your immediate attention to this matter.
hon a .tt, C.P. PPO, FCCN,
Dire or of Purchasing and Materials Management ACCEPTANCE
Bye. . s C —
Official Signature
f) '45iiY "
Title
/Z /zoo c�
•
Date.
PURCHASING AND MATERIALS MANAGEMENT DIVISION
CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. Box 4990. ORLANDO, FLORIDA 32802 - 4990
PHONE 407.246.2291 • FAX 407.246.2869 • CityofOrlando.net • esupplier.cityoforlando.net
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
ANNUAL AGREEMENT FOR ELECTRICAL SERVICES
THIS AGREEMENT ( "Agreement "), effective as of they day of ,
200W, is made by and between the City of Orlando, a municipal eorporation ex ting un he laws of the
State of Florida, hereinafter referred to as the "City" and Gemco Eleetrie, Ine., hereinafter referred to as
the "Contractor ". For good and valuable consideration, the receipt and suffieiency of which are hereby
aeknowledged by the parties, the parties agree as follows:
I. SCOPE
. The Contractor is to perform the Work as defined in the Invitation to Bid and amendments, if any,
the Invitation to Bid and any amendments thereto being attached hereto as Exhibit "A ",
incorporated by reference herein and made a part hereof as fully as if herein set forth.
Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment,
manpower, and consumables to complete the Work.
II. TERM OF AGREEMENT
The period of this Agreement shall be for twelve (12) months, beginning on January 4, 2010 and
ending on January 3, 2011. This Agreement may, by mutual written assent of the parties, be
extended for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative
total of sixty (60) months.
III. COMPENSATION
The Contraetor agrees to provide the services, equipment and materials as specified in its bid to
the City at the cost specified in said bid and -amendments, if any, the bid and any amendments
thereto being attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof as fully as if herein set forth.
The amount as specified in Exhibit "B", may be increased or decreased by the City under the Extra
Work provision of this Agreement, through the issuance of an Addendum, if applicable.
Any prices specified in this Agreement or Addendum thereto, will remain firm for the term of this
Agreement or Addendum.
•
Purchasing and Materials Management Division Page: 1
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
IV. PAYMENT
All invoices received by the City are payable within thirty (30) days from receipt, provided they
have first been approved by the using department, and such department has accepted the Work.
The City reserves the right, with justification, to partially pay any invoice submitted by the
Contractor when requested to do so by the using department.
All invoices shall be directed to the Accounts Payable Section, City of Orlando, P.O. Box 4990,
Orlando, Florida, 32802 -4990.
NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY AGREEMENT
NUMBER AS STATED HEREIN.
V. FISCAL YEAR FUNDING APPROPRIATION
A. Specified Period
Unless otherwise provided by law, a contract for supplies or services may be entered into
for any period of time deemed to be in the best interest of the City, provided the term of
the contract and conditions of renewal or extension, if any, are included in the solicitation
and funds are available for the first fiscal period at the time of contract. Payment and
performance obligations for succeeding fiscal periods shall be subject to appropriation by
City Council of finds therefor.
B. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods
When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be canceled and the contractor
shall be entitled to reimbursement for the reasonable value of any nonrecurring cost
incurred but not advertised in the price of the supplies or services delivered under the
contract or otherwise recoverable.
VI. GENERAL CONDITIONS
A. Patents and Conyriahts
The Contractor shall pay all royalties and assume all costs arising from the use of any
invention, design, process, materials, equipment, product or device in performance of the
Work, which is the subject of patent rights or copyrights_ Contractor shall, at its own expense,
hold harmless and defend the City against any claim, suit or proceeding brought against the
City which is based upon a claim, whether rightful or otherwise, that the Work, or any part
thereof, furnished under this Agreement, constitutes an infringement of any patent or
copyright of the United States. The Contractor shall pay all damages and costs awarded
against the City.
Purchasing and Materials Management Division Page: 2
Annual Agreement for Electrical Servitors INVITATION FOR BID # IFB10-0010A
B. Termination for Default
1. The performance of Work under this Agreement may be terminated by the Director of
Purchasing, in whole or in part, in writing, whenever the Director of Purchasing shall
determine that the Contractor has failed to meet the performance requirements of this
Agreement.
2. The Director of Purchasing has a right to terminate for default if the Contractor fails to
make delivery of the supplies or perform the Work, or if the Contractor fails to perform
the Work within the time specified in the Agreement, or if the Contractor fails to
perform any other provisions of the Agreerrient
3. Failure of a Contractor to deliver or perform the required Work within the time
specified, or within a reasonable time as determined by the Director of Purchasing or
failure to make replacements of rejected articles or Work when so requested,
immediately or as directed by the Director of Purchasing, shall constitute authority for
the Director of Purchasing to purchase in the open market articles or Work of
comparable grade to replace the articles or Work rejected, not delivered, nor completed.
On all such purchases, the Contractor or his surety, shall reimburse the City, within a
reasonable time specified by the Director of Purchasing, for any expense incurred in
excess of the Agreement prices.
4. Such purchases shall be deducted from Agreement quantities. Should public necessity
demand it, the City reserves the right to utilize services or use and/or consume articles
delivered which are substandard in quality, subject to an adjustment in price to be
determined by the Director of Purchasing. The Contractor shall not be liable for any
excess costs if acceptable evidence has been submitted to the Director of Purchasing that
failure to perform the Work was due to causes beyond the control and without the fault
or negligence of the Contractor.
C. Termination for Convenience
The Director of Purchasing may terminate the Agreement for convenience with advance
written notice to the Contractor.
In the event of such a termination by the City, the City shall be liable for the payment of all
Work properly performed prior to the effective date of termination and for all portions of
materials, supplies, services, and facility orders which cannot be cancelled and were placed
prior to the effective date of termination and other reasonable costs associated with the
termination.
Purchasing and Materials Management Division Page: 3
Annual Agreement for Electrical Services INVITATION FOR BID H IFB10 -OO10A
D. Warranty
The Contractor warrants that the Work including equipment and materials provided shall
conform to professional standards of care and practice in effect at the time the Work is
performed, be of the highest quality, and be free from all faults, defects or errors. Whenever
required by the specifications of the Invitation to Bid, the Contractor warrants that all
equipment and materials provided shall be new. If the Contractor is notified in writing of a
fault, defieieney or error in the Work provided within one (1) year from completion of the
Work, the Contractor shall, at the City's option, either reperform such portions of the Work to
correct sueh fault, defect or error, at no additional cost to the City, or refund to the City, the
eharge paid by the City, which is attributable to such portions of the faulty, defective or
erroneous Work, including the costs for reperformance of the work provided by other
Contractors.
E. Time of Completion
The parties understand and agree that time is of the essence in the performance of this
Agreement The Contractor or City, respectively, shall not be liable for any loss or damage,
resulting from any delay or failure to perform its contractual obligations within the time
specified, due to acts of God, actions or regulations by any governmental entity or
representative, strikes or other labor trouble, fire, embargoes, or other transportation delays,
damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or
ability to obtain raw materials, labor, fuel or supplies for any reason including default of
suppliers, or any other causes, contingencies or eircumstances 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 this Agreement for the convenience of the City.
Purchasing and Materials Management Division Page: 4
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
F. Indemnification and Insurance:
1. Indemnity
The Contractor hereby agrees to indemnify and hold harmless the City, its officers, agents,
and employees, from and against any and all liability, claims, damages, demands, expenses,
fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees
for trial and on appeal, and for the preparation of same arising out of the Contractor's, its
officers', agents', and employees' acts, or omissions assoeiated with this Agreement
2. Insurance
The Contractor, at its own expense, shall keep in force and at all times maintain during
the term of this Agreement:
(a.) Commercial General Liability Insnrance:
Commereial General Liability Insurance, issued by responsible insurance
companies and in a form acceptable to the City, protecting and insuring against all
the foregoing with coverage limits of not less than Five - Hundred Thousand Dollars
($500,000) per occurrence for Bodily Injury and Property Damage.
(b.) Automobile Liability Insurance:
Automobile Liability coverage shall be in the minimum amount of Three- Hundred
Thousand Dollars ($300,000) per occurrence combined single limits for Bodily
Injury and Property Damage.
(c.) Workers' Compensation Coverage;
Full and complete Workers' Compensation Coverage, as required by State of
Florida law, shall be provided.
(d.) Insurance Certificates:
The Contractor shall provide the City with Certificate(s) of Insurance on all the
policies of insurance and renewals thereof in a form(s) acceptable to the City. Said
Commercial General Liability policy shall provide that the City be an additional
insured. The City shall be notified in writing of any reduction, cancellation or
substantial change of policy or policies at Least thirty (30) days prior to the effective
date of said action.
All insurance policies shall be issued by responsible companies who are acceptable
to the City and licensed and authorized to do business under the laws of the State of
Florida.
Purchasing and Materials Management Division Page: 5
Annual Agreement for Electrical Services INVITATION FOR BID # IFB1O-001OA
G. Acceptance
The City will be deemed to have accepted the Work after the Director of Purchasing is
notified by the using Department of its satisfaction that the Work is completed.
The Work under this Agreement shall remain the property of the Contractor until the City
accepts it. In the event the Work furnished under this Agreement is found to be defective or
does not conform to the specifications, the City reserves the right to cancel the Agreement
upon written notice to the Contractor.
K Correction or Work
The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or
failing to conform to this Agreement whether observed before or after substantial completion
of the Work, and whether or not fabricated, installed or completed_ The Contractor shall bear
all costs of correcting such rejected Work.
L Right to Audit Records
The City shall be entitled to audit the books and records of the Contractor or any
sub - contractor to the extent that such books and records relate to the performance of this
Agreement or any sub - contract to this Agreement. Such books and records shall be
maintained by the Contractor for a period of three (3) years from the date of final payment
under this Agreement and by the sub- contractor for a period of three (3) years from the date
of final payment under the sub - contract unless a shorter period is otherwise authorized in
writing.
J. Time is of the Essence
The parties agree that time is of the essence in the completion of the Work called for under
this Agreement
The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted
at such a rate of progress as will ensure full completion thereof within the time specified.
K Information
All information, data, designs, plans, drawings, and specifications furnished to or developed
for the City by the Contractor or its employees, pursuant to this Agreement, shall be the
sole property of the City and all rights therein are reserved by the City, except that the
Contractor may disclose any such information to its corporate affiliates and their agents. •
`
Purchasing and Materials Management Di�nsion Page: 6
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
L. Safety Measures
The Contractor shall take all necessary precautions for the safety of the City's and
Contractor's employees and the general public and shall erect and properly maintain at all
times all necessary vehicular and facility safeguards for the protection of the Workmen and
public. If necessary, the Contractor shall post signs warning against hazards in and around
the Work site.
M. Extra Work
The City, without invalidating this Agreement, may order changes in the Work within the
general scope of this Agreement consisting of additions, deletions, or other revisions, the
Agreement price and time being adjusted accordingly. All such changes in the Work shall be
authorized by a written Addendum to this Agreement, and shall be executed under the
applicable conditions of the Agreement. If the Contractor plans to make a claim for an
increase in the Agreement price or an extension in the Agreement SchedulerI'crrn, he shall
first give the City written notice within ten (10) calendar days after the occurrence of thc
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.
N. Familiarity With The Work
The Contractor by executing this Agreement, acknowledges full understanding of the extent
and character of the Work required and the conditions surrounding the performance thereof
The City will not be responsible for any alleged misunderstanding of the Work to be
furnished or completed, or any misunderstanding of conditions surrounding thc
performance thereof. It is understood that the execution of this Agreement by the Contractor
serves as his stated commitment to fulfill all the conditions referred to in this Agreement.
0. Titl, 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
Purchasing and Materials Management Division Page: 7
Annual Agreement for Electrical Services INVITATION FOR BID 11 IFB10 -0010A
VII. MISCELLANEOUS PROVLSIONS
A. The Contractor shall not employ subcontractors without the advance written permission of
the Director of Purchasing.
B. Assignment of this Agreement shall not be made without the advance written consent of the
Director of Purchasing
C. The Contractor shall comply with all applicable federal, state and local laws, ordinances,
rules and regulations pertaining to the performance of Work under this Agreement.
D. No waiver, alterations, consent or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by the Director of Purchasing or his designee.
E. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of
plans or specifications as may be required by federal, state and local laws, ordinances, rules,
and regulations, for the proper execution and completion of the Work under this Agreement
F. The Contractor shall at all times, keep the Work area free from accumulation of waste
materials or rubbish caused by his operations, and promptly remove any such materials to an
approved disposal location.
G All disputes between the parses shall be resolved in accordance with the City Purchasing
Code, (Chapter 7 of the City Code).
H. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials,
tools, equipment, and consumables, left on City property by the Contractor.
I. This Agreement is considered a non - exclusive Agreement between the parties.
J. This Agreement is deemed to be under and shall be governed by, and construed according to,
the laws of the State of Florida
K. Any Iitigation arising out of this Agreement shall be had in the Courts of Orange County,
Florida.
L. The undersigned hereby certifies that this Agreement is made without prior understanding,
agreement or connection with any corporation, firm or person who submitted bids for the
Work covered by this Agreement and is in all respects fair and without collusion or fraud. As
to Contractor, the undersigned hereby warrants and certifies that they are is authorized to
enter into this Agreement and to execute same on behalf of the Contractor as the act of the
said Contractor.
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Purchasing and Materials Management Division Page: 8
Annual Agreement for Electrical Services INVITATION FOR INV 1T I OR BID 11 IFB10-0O1OA
M. This Agreement, including any Exhibits hereto, contains all the terms and conditions agreed
upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind either party hereto.
N. The City's Director of Purchasing or his written designee shall have authority to act on behalf
of the City in matters related to this Agreement, including but not limited to the sending and
receiving of any notices required hereunder.
***************************************************** * * * * * * * * * * * * * *** * * * * * * * * ***** **
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Purchasing and Materials Management Division Page: 9
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first
written above.
PURCHASING AND MATERIALS APPROVED AS TO FORM AND LEGALITY
MANAGEMENT DIVISION for the use and reliance of the
CITY OF ORLANDO, FLORIDA City of Orlando, Florida, only.
By: l �9- N.�O 2010
Director of Purchasing Date: ATI k ey J 2009
RHONDA SCOTT_ C.P.M., CPPO., FCCN
Name, Typed or Printed
ao ► o CITY OF ORLANDO 1 Ct{ 1140ANtAt
Date: ORLANDO, FLORIDA
** * ** *t* * * * * ** * ** * * ** ************************** t ** * * * * * * * * *** * * * * * * * * * * * * + * * * **
CONTRACTOR
Signature
, o7% PA- Seiewl CORPORATE SEAL
Name & Title, Typed or Printed
Gemco Electric, Inc.
Name of Company, Corp., etc.
1969 S. Alafava Trail. #253
Mailing Address
Orlando. FL 32828
City, State and Tip
407-273-2204
Area Code)Tclephone Number
STATE OF �1�
COUNTY OF d/1;(1417
COUNTY
The foregoing instrument was acknowledgcd before me this? day of 719G, , 2009, by
as the Ap SJ [(P.) * . on behalf of a .MC'9 5 7C C ,
di rshc (is) personally known to me or (has) produced (tvoe of identification) •
WITNESS my hand and official seal this ? day of --- be c.-. . 2009.
(S L�
& 6.4 ,e-23
lf.ti Signature of Person Taking •ta.� ' owledgmcnt
.,�,tr, , EDttiliMB
Nebo Peek • BUM W MN*
�• �
�"• wcarnraion �,u spa,2ott � / Acii
: —;; • CasruMslo a DO 857676 Typed, Printed or Stamped Name of Person
B°°NalMObir Taking AclmowIcdgment
My Commission Expires: 9.6 //
•
Purchasing and Materials Management Division Page: 10
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
EXHIBIT "A"
INVITATION TO BID
Purchasing and Materials Management Division Page: 11
Mayor Division Manager
Buddy Dyer �, _ , "' f f Rhonda Scott, C.P.M., CPPO, FCCN
Procurement Manager
Roger Cooper, C.P.M.
CITY OF ORLANDO
INVITATION FOR BID (IFB)
DATE OF ISSUE: October 8, 2009
IFB DUE DATE: Wednesday, Octobcr 28, 2009
IFB DUE TIME: 4:00 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 saute location.
IFS TITLE: ANNUAL AGREEMENT FOR ELECTRICAL SERVICES
IFB NO: IFBIO -0010A
(IFB NUMBER MUST BE SHOWN ON THE OUTSIDE OF ENVELOPE)
THIS IS NOT AN ORDER
DIRECT ALL INQUIRIES TO: Dianne Farrell, Senior Purchasing Agent
Phone: (407) 246 -2363
Email: Dianne.Farrdl(i citvoforlando.net
BUSINESS NAME & ADDRESS
Business Name
Address
City, State, Zip
( )
Contact Person / Telephone Number
It is the intent and purpose of the City of Orlando that this Invitation for Bid promotes competitive bidding. It
shall be the bidder's responsibility to advise the Purchasing and Materials Management Division at the address
noted herein, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits
the requirements stated in this Invitation for Bid to a single source. Such notification must be submitted in
writing and must be received by the Purchasing and Materials Management Division not later than ten (10)
days prior to the bid closing date.
Annual Agreement for Electrical Services INVITATION FOR BID # IFB1O -0010A
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TABLE OF CONTENTS
PAGE
INSTRUCTIONS FOR SUBMITTING BID 3
INVITATION FOR BID AWARD INFORMATION 4
STANDARD FORMS
BIDDER'S CERTIFICATION.... _ 6
ADDENDUM PAGE 7
REFERENCES 8
MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISE PARTICIPATION ._ 9
RECYCLED CONTENT QUESTIONNAIRE 10
BID PRICE FORMS 11
SPECIFICATIONS 13
SPECIAL CONDITION CLAUSES 18
NO-BID RESPONSE 22
GENERAL CONDITIONS 23
STANDARD TERMS AND CONDITIONS 24
AGREEMENT 37
Purchasing and Materials Management Division Page: 2
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Annual Agreement for Electrical Services INVITATION FOR BID 11 IFB10 -00I0A
INSTRUCTIONS FOR SUBMITTING BID
IN RESPONSE TO INVITATION FOR BID FOR THE
ANNUAL AGREEMENT FOR ELECTRICAL SERVICES
A_ 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 person signing
bid. All bids must be signed with the firm name and by a responsible officer or employee.
Obligations assumed by such signature must be fulfilled.
3. Each bidder shall furnish the information required on the bid form and each accompanying sheet
thereof on which he/she makes an entry.
4. Unit price for each unit bid shall be shown. A total shalt be entered in the amount column for cacti
item bid. In case of discrepancy between a unit priec and extended price, the unit priccs will be
presumed to be correct.
5. Although the City generally awards bids based on a "lump sum" basis to the biddcr 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 itcros are bid and which are not. Failure to submit these pages will render
such bid non - responsive.
B. Bid Check List:
Bidders are eautioned to please check their bid very carefully, using the following Check List:
Bidder's Ccrtifieation Page Signed and Notarized.
Addenda Receipt: 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.
References. .
MBElWBE information provided as required on the form attached hereto. •
Recycled Content Questionnaire.
Invitation for Bid Price Form (Unit Price and Total Price Columns completed).
Bid Envelope Prepared As Specified.
C. Special Items (Applicable to this Bid Only):
1.
2_
3.
Purchasing and Materials Management Division Page: 3
Annual Agi
INVITATION FOR BID AWARD INFORMATION
The Purchasing and Materials Management Division is the offieial 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 information in a variety of
ways:
I. There are two Internet sites available to obtain solicitation award and other information:
A. Onvia by DemandStar's website:
http://www.demandstar.com/orlando/Bid_Info/BidInfo_Opening.htm
If you are interested in obtaining award information, copy and paste the above link into
your web browser. From the pull -down menu at the top of the page, click on "Awarded"
and then click on "Search ". Choose the solicitation in which you are interested click
on "Details" on the far right hand side of the sereen. Under the seetion titled "Bid Status
Text ", you may view Bid information.
B. City of Orlando Purchasing and Materials Management Division's Website:
hftp://www.cityoforlando.net/admin/purchasing/index.htm
You may also access the same Onvia by Demandstar information by visiting this
Purchasing and Materials Management Division's website. Copy and paste the above link
in your web browser. On the beige menu bar located on the left hand side of the page,
under the "Other Links" section, click on the link "Vicw Current Bids ", and then click
on "Current Bids ". From the pull -down menu at the top of the page, click on "Awarded"
and then click on " Search ". Choose the solicitation in which you are interested and click
on "Details" on the far right hand side of the screen. Under the section titled "Bid Status
Text ", you may view Bid information.
2. You may visit the Purchasing and Materials Management Division and obtain award information,
solicitation packages, addendums, etc. Our office is located at:
City of Orlando Purchasing and Materials Management Division
City Hall at One City Commons, Fourth Floor
400 South Orange Avenue
Orlando, Florida 32801
3. You may also call the Purchasing and Materials Management Division at (407) 246 -2291, during
normal business hours, to request the solicitation information.
We appreciate your interest in doing business with the City Beautiful and wish you much suceess with
your business ventures.
Purchasing and Materials Management Division Page: 4
Annual Agreement for Eleetrical Services INVITATION FOR BID fJ IFBIO -0010A
STANDARD FORMS
IN ADDITION TO THE INVITATION FOR BID COVER PAGE, THE FORMS AS LISTED BELOW,
LOCATED ON THE FOLLOWING PAGES, ARE TO BE COMPLETED AND SUBMITTED WITH
YOUR BID. RETURN ONE (1) ORIGINAL AND ONE (1) COPY.
I. BIDDER'S CERTIFICATION.
2. ADDENDUM RECEIPT VERIFICATION.
3. REFERENCES.
4. MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION.
5. RECYCLED CONTENT QUESTIONNAIRE (IF APPLICABLE).
6. BID PRICE FORMS.
NOTE: Failure to complete and return required forms may result in your bid not being
considered for award.
It is the bidder's responsibility to contaet the purchasing and materials management
division prior to submitting a bid to ascertain if any addenda have been issued, to
obtain all sueh addenda, and return exeeuted addenda with the bid. If you have
downloaded this bid from the into please ensure that you also download all such
addenda.
•
•
•
I .
Purchasing and Materials Management Division Page: 5
BIDDER'S CERTIFICATION
I have carefully examined the Invitation for Bid, Instructions to Bidders, General, Standard and Special
Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made
a part of this Invitation.
I hereby propose to furnish the goods or services specified in the Invitation at the prices or rates quoted in
my bid. I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow the City
adequate time to evaluate the bids.
I agree to abide by all conditions of this bid and understand that a background investigation may be
conducted by the Orlando Police Department prior to award.
I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I
further certify that I am duly authorized to submit this bid on behalf of the vendor /contractor as its act and deed
and that the vendor /contractor is ready, willing and able to perform if awarded the bid.
I further certify, under oath, that this bid is made without prior understanding, agreement, eonnection,
discussion, or collusion with any other person, firm or corporation submitting a bid for the product or
service; no officer, employee or agent of the City of Orlando or of any other bidder is interested in said bid; and
that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters
therein contained and was duly authorized to do so_
NAME OF BUSINESS Sworn to and suhseribed hefore me
BY:
this day of
SIGNATURE
,2009
NAME & TITLE, TYPED OR PRINTED
Signature of Notary
Notary Public, State of
MAILING ADDRESS / OR IF DIFFERENT Personally Known
YOUR PRINCIPLE PLACE OF BUSINESS
-OR-
CITY, STATE, ZIP CODE Produced Identification
f 1 Type:
TELEPHONE NUMBER
L_) Company Tax ID #
FAX NUMBER (The City only requires Company Tax ID numhers. The
City is not requesting individual social seeurity numbers.)
E-MAIL ADDRESS
Purchasing and Materials Management Division Page: 6
Annual Agreement for Electrical Services INVITATION FOR BID # LFB10-0010A
ADDENDUM PAGE
The undersigned acknowledges receipt of the following addenda to the Documents (Give number and
date of each):
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Failure to submit acknowledgment of any Addendum that affects the Bid prices is considered a
major irregularity and will be cause for rejection of the bid_
Company
Signature
•
Title
Purchasing and Materials Management Division Page: 7
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0OIOA
REFERENCES
Bidder shall submit as a part of the Bid paekage, a minimum of three (3) references for similar products or
services completed within the last three (3) years."
Name: Name:
Address: Address:
Telephone No.: ( ) Telephone No.: ( )
Fax No.: ( ) Fax No.: ( )
Contact: Contact:
E -mail : E -mail:
Name: Name:
Address: Address:
Telephone No.: ( ) Telephone No.: ( )
Fax No.: ( ) Fax No.: ( )
Contact: Contact:
E -mail : E -mail:
Purchasing and Materials Management Division Page: 8
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION:
Chapter 57, Article 11, Minority Business Enterprise (MBE), and Article III, Women -Owned Business
Enterprise (WBE) of the Orlando City Code, establishes goals of 18% (MBE) and 6% (WBE),
respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and
construction to be awarded to Minority and Women -Owned Business Enterprises (MWBE).
For further information regarding this program, please refer to Chapter 57 of the Code of the City of
Orlando or contact:
Minority Business Enterprise
City Hall at One City Commons
400 South Orange Avenue - 5 ffi Floor
P.O. Box 4990
Orlando, Florida 32802 -4990
(407) 246-2623
If your company is currently certified, please enter the certification number and the expiration date in
spaces provided below or submit a copy of the certificate received from the City stating that your
company is certified by the City as a Minority/Women -owned Business Enterprise:
Business Name:
Certification Number:
Expiration Date:
There shall be no third party beneficiaries of the Minority Business Enterprise or Women -Owned
Busincss Enterprise provisions of this Contract. The City of Orlando shall have the exclusive means of
enforcement of the MBE/WBE Ordinance and contract tcrms. No right of action for non - signatories of
the Agreement is intcnded or implied. The City of Orlando is the sole judge of compliance. All
solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chaptcr 57, _.
Articles II and I1I.
In order for a biddcr to receive credit for MBE/WBE certification, the firm must be certified with the
City of Orlando MBE/WBE Office on or before the date set for submittal of bids.
Purchasing and Materials Management Division Page: 9
INVITATION FOR BID # IFB10 -0010A
RECYCLED CONTENT QUESTIONNAIRE
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 matcrial used (such as paper, plastic, glass, metal, ete.); the percentage
of recycled material contained in the product and the cost and product performance impact of increasing
the percentage of recycled contcnt. The City also requests information regarding any known or potential
matcrial content in the product that may be extracted and recycled after the product has served its
intended purpose.
Product bid contains recycled content?
Yes No.
Is your product packaged and/or shipped in material containing recycled content?
Yes No.
Is your product recyclable after it has reached its intended end use?
Yes No.
Purchasing and Materials Management Division Page: 10
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
BID PRICE FORM
You are invited to Bid on the following: Annual Agreement for Electrical Services
Item
No. Quantity Unit Description Unit Price Total
We propose to furnish all labor, tools, equipment,
transportation, etc., necessary to provide EIectrccal
Services to the City of Orlando, the services will be
performed in aceordanec with the attached Specification
consisting of six (6) pages, for the hourly rates per man,
per hour as follows:
1. 1,000 Hours Hourly rate per Journeyman Electrician, regular time $ $
2. 1,000 Hours Hourly ratc per Maintenance Electrician, regular time $ $
State below hours during whieh regular time will prevail:
From: a_rn. To: p.m.
DAYS OF THE WEEK:
In the event overtime is required, state below rate of
overtime pay per man, per hour
3. 250 Hours Overtime hourly rate per Journeyman $ $
4. 250 Hours Overtime hourly ratc per Maintenance Electrician $ $
State below hours during which overtime will prevail:
FROM: a_rn. TO: p.m_
DAYS OF THE WEEK:
5. $30,000.00 Yearly Materials and Equipment (to be furnished by Contraetor if 1 00%* _% $ •
and when requested by the City) shall be at Contractor's
actual eost plus (percent)_
Evidenee of actual eosts may be required through
submittal of actual invoices. The unit price in the next
column is 100% plus the mark -up. For example: if mark-
up is 10 %, the unit price would be 100% + 10% and the
last column would be $30,000.00 x 110% = $33,000.00
•
Total Bid $ •
Vendor Initials
Purchasing and Materials Management Division Page: 11
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Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
BID PRICE FORM
You are invited to Bid on the following: Annual Agreement for Electrical Supplies
Item Unit
No. Quantity Unit Description Price Total
Bidder's City Occupational License No.:
Expiration Date:
NOTE 1:
THE ESTIMATED QUANTITIES PROVIDED IN
THIS INVITATION TO BID ARE GIVEN ONLY AS
A GUIDELINE FOR PREPARING THE BID AND
SHOULD NOT BE CONSTRUED AS
REPRESENTING ACTUAL QUANTITIES TO BE
PURCHASED.
•
1. Terms of Payment: % days, Net Days.
2. Is your company willing to accept the VISA ePayable solution for payment of all invoiees?
Ycs No
Recheck your quotations prior to submission. Bids may not be changed after being opened.
Purchasing and Materials Management Division Page: 12
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Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -00I0A
SPECIFICATION FOR ANNUAL AGREEMENT FOR
ELECTRICAL SERVICES
PART 1 GENERAL
1.1 SCOPE OF WORK
It is the intent of this solicitation to establish a service contract whereby electrical 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. In addition, the
Contractor must have the capability to respond to Emergency Repair Work Orders. If the
Contractor's workload dietates prioritizing work; the City of Orlando's work will be afforded
favored status_
The City reserves the right to make multiple awards in the best interest of the City.
1.2 SUBMITTALS WITH BID
The Contractor shall submit doeumentation that illustrates the company's ability to perform the
work that will be required under the Agreement. The information shall inelude the following:
A. Company information including:
1) Number of years in business.
2) Number of employees by category and years of experience.
B. References:
The Contraetor shall submit with the Bid, a list of names and phone numbers of at least five
(5) references that may be eontacted by the City. (See attached Reference Form.)
13 SERVICE REQUIREMENTS
The Contraetor shall provide all labor, material, and equipment to complete the following work:
A. Existing Buildings:
1) General maintenance and repair of existing domestic and commercial wiring
systems.
2) The work may involve location and repair of faulty wiring, repair and eheck -out of
systems.
3) Provision and installation of conduit, wiring, junetion boxes, fixtures and electrical •
equipment to repair or replace existing installations.
4) The work may involve replacement of electrical equipment, conduits and other
equipment that has been vandalized or otherwise in need of repair.
Purchasing and Materials Management Division Page: 13
B. New Work or Rehabilitation of Existing Buildings
1) Provision and installation of all conduit, wiring, electrical fixtures and electrical
equipment to complete the new work or rehabilitation project.
2) The work may involve complete revision of the building electrical system in a
building that is being rehabilitated for a new use.
3) The work may also involve installation of a complete electrical system for a "new"
building whieh will include installation of all required equipment to complete the
projeet for final inspection and issue of a certificate of occupancy.
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 Agreement 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 teens and conditions of the Agreement. In the event of a
conflict between a Work Order and the Agreement, the Agreement 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.
13 CONTRACTOR'S RESPONSIBILITIES
A. Upon reeeipt of a Work Order from the City's authorized representative(s), the Contraetor
shall prepare an independent written estimate of the labor and materials required to
complete the work.
The Contractor will be provided a detailed scope of work, which identifies the specific job
description.
The Contractor shall complete the total estimate to accomplish the job and will identify any
additional tasks necessary to satisfactorily accomplish the overall scope of work.
B. If, during the course of work, the Contractor encounters unforeseen conditions which impact
the work and which could not initially be evaluated, the Contractor shall not proceed
without written authorization of the City's authorized representative(s).
C. The Contractor must return an estimate to the City's authorized representative(s) within five
business days, or as otherwise directed, from receipt of a Work Order.
Purchasing and Materials Management Division Page: 14
Annual Agreement ror Electrical Services INVITATION FOR BID # IFB10 -0010A
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 aeknowledges that work will be performed only after the above proeedure
has been aceomplished.
F. The basic work unit to be provided by the Contraetor shall be determined by the City's
authorized representative(s) as to classifications and number of personnel needed for each
project. The Contraetor shall have appropriate transportation and an adequate inventory of
tools and equipment to perform work at the job site.
G. Emergeney work may be ordered orally and followed up within twenty-four (24) hours by a
written Work Order. The Contractor must provide and identify the means by which contact
for authorized emergeney work may be made, i.e., pager or phone number. Response to
ealls to pager or phone for emergency work must be received within one hour of initial call.
H. No work shall be done on weekends or City holidays unless specifically authorized in
writing on a Work Order issued by the City, or in the case of an authorized oral order for
emergency work..
I_ Overtime work is not allowed unless approved in writing by a Work Order issued by the
City.
J. Normal work starting time is 730 a.m. The Contractor's time shall start on the job site.
Any travel time expenses shall be borne by 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 Bost 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 within fifteen (15) days from
notification, 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.
L. Precautions will be exercised at all times for the protection of persons (including
employees) and property. Barricades will be provided by the Contractor at the Contractor's
expense, when work is performed in areas traversed by persons or vehicles, or when
deemed necessary by the City's Representative.
Purchasing and Materials Management Division Page: 15
M. The Contraetor shall conform to all Federal, State and City regulations during the
performanee of the Agreement. Any fines levied due to inadequacies or failure to comply
with any and all requirements shall be the sole responsibility of the Contractor.
Any person found not in conformance with any laws, statutes, rules or regulations will not
be allowed on the job site. Continued violations by a Contractor shall constitute cause for
immediate termination of the Agreement.
N. All existing structures, utilities, services, roads, trees, shrubbery, ete., 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.
1.6 TIME IS OF THE ESSENCE
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.
1.7 COMPLETION
After the work called for in a Work Order has been completed, the Contractor shall provide the
following information in writing, in the form of an original invoice to the City of Orlando,
Accounts Payable, P.O. Box 4990, Orlando, FL 32802 -4990:
A. Actual hours used to perform thc work (by category of personnel);
B. Date and time the work was initiated and completed;
C. Contractor's certification that the work has bcen completed;
D. A detailed breakdown of the materials used to complete thc work.
E. All invoices must contain the contract number.
F. Any drawings or documents associated with the project are to be sent or delivered to the
City of Orlando Facilities Managemcnt Division, 1010 S. Westmoreland Dr., Orlando, FL
32805.
Purchasing and Materials Management Division Page: 16
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
1.8 SPECIAL REQUIREMENTS
The following special requirements arc conditions of the Agreement
A. The City will notify the Contractor when services are required by means of a Work Order.
The Contractor shall commence the work on the date agreed to after receipt of an approved
Work Order and will complete the work as specified in the Work Order_
B. The Contractor(s) shall have a permanent place of business loeated within a thirty (30) mile
radius of Orlando City Hall, 400 S. Orange Avenue, Orlando, Florida.
PART 2 QUALIFICATIONS
2.1 PERSONNEL
Personnel shall be provided for each Work Order as required by Chapter 22, Electrical Code, of the
City of Orlando Code.
2.2 EQUIPMENT
A. The personnel shall have or be provided with a working set of hand and power tools for
electrical work.
B. The Contractor shall be capable of providing major equipment (either rental or contractor
owned) to be capable of completing the Work Order in a timely manner. The equipment
shall inelude, but not be limited to, the following:
1) Jaekhammers and air compressors.
2) Portable self powered lighting equipment.
3) 'Bucket truck" with high -reach capability.
4) Conduit threading and forming equipment.
5) Trencher
6) Crane or High Reaeh Equipment capable of reaching 100 ft. ball field lights.
23 INVENTORY
The Contractor shall have and maintain an inventory of conduit piping, switch boxes and electrical
equipment to provide for timely completion of Work Orders.
2.4 EXPERIENCE
•
Reference Section 1.02 "SUBMITTALS WITH BID" of this Specification.
END OF SECTION
Purchasing and Materials Management Division Page: 17
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
SPECIAL CONDITION CLAUSES
Acceptance of Materials/Services.
The material and/or services provided under this contract shall remain the property of the seller until a
physical inspection and aetual usage of this material and/or services is made and thereafter aeeepted to
the satisfaction of the City. Materials/serviees must comply with all the terms herein.
In the event the material and/or service supplied to the City is found to be defeetive or does not conform
to the specifications, the City reserves the right to caned the order upon written notiee to the seller.
Materials shall be returned to the seller at the seller's expense.
Agreement Alterations.
No alterations or variables in the terms of the Agreement attached hereto shall be valid or binding.
AlterationslChanges to Bid Price Form(s).
Do not change or otherwise alter the quantity or unit designations on these Bid Price Form(s). Your unit
price bid and total extensions must correspond to these designations. Each line item will be extended as
indicated (quantity x unit priee).
Automated Order Entry System.
Bidder should furnish with his bid package details of any automated order entry system available for use
by the City.
Bid Amounts.
Prices bid are considered fixed price, which includes all prices for equipment, labor and material required
to perform the work specified in this Invitation for Bid.
Bid Prices.
Bid prices shall remain firm for the entire contract period unless otherwise changed by an Amendment.
Any Amendment must be in writing and signed by both parties. Such Amendments must be signed by an
authorized representative of the City of Orlando's Purchasing and Materials Management Division to be
valid, binding, and enforceable. However, should the awarded vendor of a contract resulting from this
solicitation sell an item listed in this contract to another customer at a lower price than the price listed in
this contract, said awarded vendor shall also extend that same discounted price to the City.
Correction or Withdrawal of Bids.
Correction or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid
opening. After bid opening, no changcs in bid prices or other provisions shall be permitted; provided,
however, the Office of the Purchasing and Materials Management Division Manager shall have the
authority to waive minor irregularities.
Licenses.
The successful 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 whieh
would be applieable for all services to be rendered during the term of the Agreement.
Purchasing and Materials Management Division Page: 18
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
Liquidated Damages.
Should the successful bidder, as subsequent contractor for the work, fail or refuse to complete the work
within the specified time and provided the contractor has not previously obtained an extension of time
from the City of Orlando, the contractor agrees that the sum of two - hundred and fifty dollars ($250.00)
shall be deducted from the eontraet priee and/or the Perfonnanee Bond by the City of Orlando as
liquidated damages for eaeh calendar day or portion thereof elapsing beyond the guaranteed completion
date of the work to partially offset the City for the hardship and expense caused by the delay.
Payment of Subcontractors.
Final and eomplete payment will be made on the basis of completion and aeeeptanee by the City of the
work performed under the Contract and reccipt of satisfaetory evidenee that all payrolls, bills for
materials, have been paid in full. Payments of subcontractors shall be made within thirty (30) days after
completion and acceptance of thc work, and submission of said evidence.
The existencc of any unpaid bills or eharges for labor, materials or other supplies used direetiy by the
contractor or any subcontractor under the Contraet, shall eonstitute eause for the City to withhold final
payment until said bills or charges are paid.
Periodic and Final Cleaning.
The sueeessful bidder shall:
A. Schedule periodic eleaning to keep the worksite, and adjaeent properties free from aecumulations
of waste materials, rubbish and windblown debris resulting from construction operations.
B. Provide on -site container for the collection of waste materials, debris, and rubbish.
C. Dispose of waste materials, debris, and rubbish off the Owner's property.
D. Upon completion of work in each area, provide final eleaning and return spaee to a condition
• suitable for use by the City.
E. Conduet cleaning and disposal operations to comply with City codes, ordinances, regulations, and
environmental laws.
Performance Bond and Payment Bond
In accordance with Florida Section 255.05(1Xa), Florida Statutes, a Performance and Payment Bond is •
required of anyone entering into a formal contract with the City for the construction or rcpair of a
building or public works project. The City reserves the right to waive the requirement at any timc for
any contract of $200,000.00 or less.
Accordingly, if thc amount bid by the successful bidder exceeds $200,000.00, a Payment and
Performance Bond will be required in thc amount of the successful bidder's bid or in such other amount
as may be directed by the City in writing within fifteen (15) days of the award of any contract resulting
from this solicitation. No work shall be done prior to the delivery of a bond mccting thc requirements of
this Section to the City.
Purchasing and Materials Management Division Page: 19
In the event that the successful bid amount is less than $200,000.00, a Payment and Performance Bond
will be required thereafter in such amount as determined by the City if at any time, for any reason,
not but of limited to increased quantities or usage or extension or renewal, the value of the
contraet exceeds (or may reasonably be expected to exeeed) $200,000.00 as determined by the City.
Such bond shall be acquired and delivered to the City within fifteen (15) days of notice from the City that
a bond is required. Upon notice from the City that a bond is required no further work under the contract
shall be undertaken until sueh time as a bond in conformance with this Seetion has been delivered to the
City.
The Contractor shall include the cost of any bonds required hereunder in their bid. If bonds are required
hereunder and the term of the contract between the City and the Contraetor is extended or renewed,
Contractor shall provide a new or amended bonds to reflect the new or extended period and increased
value of the contract within fifteen (15) days of extension or renewal. The failure by Contractor to
submit any conforming bond when required by this Seetion shall constitute grounds for termination of
the contract by the City.
All Payment and Performance Bonds shall be recorded by the City with the Clerk of the Circuit Court of
the county wherc thc work is located. These bonds shall remain in effect at least until one (1) year after the
date of substantial completion of the cntirc work assigned to Contractor under the contract, except as
otherwise provided by applicable laws or regulations.
All bonds shall be in accordance with statutory bond provisions in Florida Statutes and all othcr applicable
laws. All bonds shall be executed by such sureties as are licensed to conduet business in the state of
Florida and, except as otherwise provided by applicable laws and regulations, are named in the current list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of
Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified
copy of its authority to act.
If the surety on any bond famished by contraetor is declared bankrupt or becomes insolvent or its license to
do business in the state of Florida is terminated or it ceases to meet the requirements of this Scction,
Contractor shall within five (5) days thereafter substitute another bond and surety, both of which shall be in
aecordance with these requirements and aceeptable to City.
In addition to the other bonding requirements, the surety (ies) named on the Performance Bond and
Payment Bond submitted by Contractor shall be subject to the approval of City. If City has a reasonable
objection to the proposed Surety, City may require Contractor to submit an acceptable substitute.
Quantities.
The quantities for the items listed in this solicitation are estimated quantities for bid evaluation purposes
only, and should not be construed as representing actual quantities to be purchased. It is understood by
all Bidders that the City is not obligated to purchase any minimum or maximum amount during the life of
a contract resulting from this solicitation. Any sueh resulting contract shall be non - exelusive, and the
City may procure the goods listed in said contract from other sources.
Purchasing and Materials Management Division Page: 20
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
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 eonceming any point, shall be regarded as meaning that
only the best commercial praetiees 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.
Purchasing and Materials Management Division Page: 21
INVITATION FOR BID # IFB10-0OIOA
"NO BID" RESPONSE
TO
INVITATION FOR BID
CITY OF ORLANDO, FLORIDA
PURCHASING AND MATERIALS MANAGEMENT DIVISION
City Hall at One City Commons
400 South Orange Avenue
P.O. Box 4990
Orlando, Florida 32802 -4990
If your firm is unable to submit a bid at this time, would you please provide the information requested in
the space provided below and return to:
City of Orlando, Florida
Purchasing and Materials Management Division
City Hall at One City Commons
400 South Orange Avenue
P.O. Box 4990
Orlando, Florida 32802 -4990
We have received Invitation for Bid No. IFB10-0010A, opening at 4:00 p.m., Local Timc,
City of Orlando, FL, on Wednesday, October 28, 2009.
Reason for not bidding:
BY:
Signature
Name & Title, Typed or Printed
Company Name
Purchasing and Materials Management Division Page: 22
Annual Agreement for Electrical Services INVITATION FOR BID # IFBIO -0O10A
GENERAL CONDITIONS
BIDDER: To Insure acceptance of the bid, follow these iostruclons.
I. EXECUTION OF BID: Bid mast contain a manual signature of an authorized representative in the space pmvided.
2. SEALED BIDS: All kids 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, special conditions or vendor notes.
3. NO BID FORM: In the event you deco not to bid this require meal, resspatd by returning this form, marling it "NO BID" end the reason therefor. NOTE:
To qualify as o respondent, bidder must submit a "BID" or "NO BID" and it must be rnteivcd no later than the stated bid opening date and lime.
4. BID OPENING: Shall be public, on the date and at the time specified on the bid fora It is the biddeas responsibility to assure that his 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 io the "BID FiLE"
unopened. Telephone or telegraphic kids 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 pokey of the City of Orlando to make payments of invoices in time to earn any offered ash discounts. Discount time will be
computed from the date of satisfactory delivery at place of acceptance or from receipt darned invoice at the Finance Department office, whichever is
rater.
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: Utdcr Florida Law, prices contained in State Contracts shall be available to the City of Orlando, who might wish
to purchase order a Saute Purchase Contract The City of Orlando therefore reserves the right to purchase any commodities from a State Purchase
Contract if in the best interest oldie City.
c) MISTAKES: Bidders are aspersed to examine the specifications, delivery scheduts, hid 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 Iran offered or shipped as a nasult 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 standaid 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 soy standards thereunder,
I) 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 mamoof the vendor and must also clearly indicate the City of Orlando Purchase Order Number.
g) INVOICING and PAYMENT: The supplier shall be paid upon submission of invoices to: The Accounts Payable Section. City of Orlando. 400
South Omnge Avenue, Orlando, Florida 32801. Invoices are to be billed at the prices stipulated on the purchase teller and as 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 ofany
officer, director, or agent who is also an employee of the City of Orlando_ Farther. all bidders oust 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 bat interest of the City of Orlando may require, the rlglu is reserved to make awards) by individual leans, group of items, all or none, •
ora combination thereof, with one or mom suppliers; to reject any nll bids or waive any infamalry or technicality in bids received.
B. 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 tithe (sty of Orlando, unless bas of damage
results from negligence by the City of Orlando or its Departments.
9. DISPUTES: la cue 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 parka.
•
10. LEGAL REQUIREMENTS: Federal, State, County and local Taws, ordinances, rules and regulations that in any manna affect the item(s) covered
herein apply. Lack of knowledge by the bidder will in no way be cause for relief from tesponsibifity.
•
11. LIABILITY; The vendor shall hold and save the City of Orlando, its officers, agents and anployees hanolas from liability of any kind in the
performance ofor fulfilling the requirements of die Purchase Order which may resuk from this bid,
NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACl1ED IIERETO WHICH VARY FROM THESE GENERAL CONDITIONS Si)ALL
HAVE PRECEDENCE. Director of Purchasing, City of Orlando
Purchasing and Materials Management Division (SAACS) Page: 23
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10
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 at date and time specified herein. Bids will not be aeeepted
after the designated time and date.
b. Each bid shall be submitted in a sealed envelope prior to the time established for opening of
bids, and the envelope shall be marked with the bid number, title of the bid, and bid opening
date.
e. If submitted by mail, the envelope shall be enclosed in another envelope addressed to the
Purchasing and Materials Management Division Manager. If submitted otherwise than by
mail, it shall be delivered to the office of the Purchasing and Materials Management Division
Manager.
d. Sealed bids are to be addressed as follows for either mail or hand delivery:
Rhonda Scott, C.P.M., CPPO, FCCN
Purehasing and Materials Management Division Manager
City of Orlando
Purchasing and Materials Management Division
City Hall at One City Commons
400 S. Orange Avenue - Fourth Floor
P.O. Box 4990
Orlando, Florida 32802 -4990
e. Bids submitted by mail must be received in the office of the Purchasing and Materials
Management Division time ge s
Dl lion by the tim s cif'fed herein for the opening thereof.
Pc P g
2_ OPENING OF BIDS:
Sealed bids will be reeeived in the Purchasing and Materials Management Division until the due
date and time as speeified in this Invitation to Bid. Bids will be opened and publicly read aloud
immediately following the specific 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.
3. IRREGULAR BIDS:
Bids made on other than the documents furnished by the Purchasing Office may not be
considered. Changes in phraseology, additions, or limiting provisions made on the Invitation To
Bid may render the bid irregular and may cause rejection.
Purchasing and Materials Management Division (SAACS) Page: 24
Annual Agreement for Electrical Services INVITATION FOR. BID # IFB10 -0OIOA
4. WITHDRAWAL OF BIDS:
Bidders may withdraw a bid after it has been deposited with the Purchasing and Materials
Management Division any time prior to the stipulated time for opening the bids. After bid opening,
no ehanges in bid prices or other provisions shall be permitted.
5. EVALUATION OF BID AWARD:
The City reserves the right to award the bid to the lowest responsive and responsible bidder who
submits the bid meeting specifications. In determining responsibility, the City reserves the right to
consider matters sueh as, but not limited to, quality offered, delivery terms, and service reputation
of the bidder, in determining the most advantageous bid.
6. BIDDER'S CERTIFICATION FORM:
Each Bidder shall complete the "Bidder's Certifieation" form included with this Invitation for Bid.
The form must be aeknowledged 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 rejeetion
of the bid.
7. CONTINGENT FEES:
The Bidder warrants that no one was paid a fee, eommission, gift, or other eonsideration contingent
upon receipt of an award for the services and/or supplies specified herein.
S. AMENDMENTS:
It is the Bidder's responsibility to contact the Purchasing and Materials Management Division prior
to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and
rctum cxecuted Addenda with the Bid.
If you have downloaded this Bid from the Internet, please cnsure 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.
9. "NO BID" RESPONSE FORM:
In the event you elect not to bid on this requirement, please fill out and return thc attached "NO
BID" form.
Purchasing and Materials Management Division (SAACS) Page: 25
Annual Agreement for Electrical Services INVITATION FOR BID # IFSIO-0010A
10. EXCEPTIONS TO TERMS AND CONDITIONS:
When completing your bid, do not attach any forms which may contain terms and conditions that
conflict with those listed in the City's bid document(s). Inclusion of additional terms and
conditions, such as those which may be on your company's standard forms, may result in your bid
being deelared non - responsive.
11. PERIOD OF OFFER VALIDITY:
Priees quoted in the bid must remain open for a period of ninety (90) days from the date of bid
opening.
12. FAMILIARITY WITH SITE WORK AND CONDITIONS:
The responsibility for the determination of accurate measurements, the extent of work to be
performed, and the conditions surrounding the performance thereof shall be the bidder's.
Submission of a bid shall constitute acknowledgment by the bidder that he is familiar with all sueh
conditions. The failure or neglect of a bidder to familiarize himself with the site of the proposed
work, shall in no way relieve him from any obligations with respect to his bid.
13. RIGHT GH TO AUDIT RECORDS:
The City shall be entitled to audit the books and records of the Contractor or any sub - contractor to
the extent that such books and records relate to the performanee of the Agreement or any
sub - eontract to the Agreement. Such books and records shall be maintained by the Contractor for a
period of five (5) years from the date of final payment under the Agreement and by the
sub- contractor for a period of five (5) years from the date of final payment under the sub - contract
unless a shorter period is otherwise authorized in writing.
14. FISCAL YEAR FUNDING APPROPRIATION:
a. Speeified Period
Unless otherwise provided by law, a contract for supplies or serviees may be entered into for
any period of time deemed to be in the best interest of the City, provided the term of the
contract and conditions of renewal or extension, if any, are included in the solicitation and
funds are available for the first fiscal period at the time of contract. Payment and performance
obligations for succeeding fiscal periods shall be subject to appropriation by City Council of
funds therefor.
b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods
When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be cancelled and the contractor
shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred
but not advertised in the price of the supplies or services delivered under the contract or
otherwise recoverable.
Purchasing and Materials Management Division (SAACS) Page: 26
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
15. AWARD OR REJECTION OF BIDS:
The contract will be awarded to the lowest responsive and responsible bidder complying with all
the provisions of the Invitation for Bid, provided the bid price is reasonable and it is in the interest
of the City to accept it.
The right is hereby reserved to accept all or part of any or all bids, to waive irregularities, or to
reject all or part of any or all bids, and to advertise for new bids, as the interest of the City may
require. The Director of Purchasing also reserves the right to reject the bid of a bidder who has
previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a
bidder who investigation shows is not in a position to perform the contract.
In determining responsibility, the following other qualifications, in addition to price, will be
considered by the Director of Purchasing:
a. The ability, capaeity and skill of the bidder to perform the service required.
b. Whether the bidder can perform the contraet or provide the service promptly, or within the
time specified, without delay or interference.
c_ The character, integrity, reputation, judgment, cxperienee and effieiency 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 eontract 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 biddcr to provide future maintenance and service for the use of the subject of
the eontract.
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. Sueh other information as may be required or secured.
16. QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS:
a. To ensure fair consideration for all bidders, the City prohibits communication to or with any •
department, bureau, or employee during the submission process, except as provided below.
Additionally, the eity prohibits communications initiated by a bidder to any City Offieial or
employee evaluating or considering the bidder (up to and including the Mayor and City
Council), prior to the time an award decision has been made.
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Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
Any communication between bidder and the City will be initiated by the appropriate City
Official or employee in order to obtain information or clarification needed to develop a proper,
accurate evaluation of the bid. Such communications initiated by a bidder shall be grounds for
disqualifying the offending biddcr from consideration for award of the bid and/or any future
proposal.
b. Any questions relative to interpretation of specifications or the bid process, shall be addressed
in writing as indicated below, in ample time before the period set for the receipt and opening
of bids. No inquiries, if received within ten (10) days of the date set for the receipt of bids,
will be given any consideration. See Attachment "A" — "Written Question Form ".
Any interpretation made to prospeetive bidders will be expressed in the form of an addendum
to the specifications which, if issued, will be conveyed to all prospective bidders no later than
five (5) days before the date set for receipt of bids. Oral answers will not be authoritative.
c. It will be the responsibility of the bidder to contact the Purchasing and Materials Management
Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all
such addenda, and return executed addenda with the bid.
d. Direct inquiries to the Purchasing Agent referenced on the cover page of this Invitation for
Bid:
City of Orlando
Purchasing and Materials Management Division
City Hall at One City Commons
400 South Orange Avenue
P.O. Box 4990
Orlando, Florida 32802 -4990
(407) 246 -2291
Fax (407) 246 -2869
Website: htto: / /www.citvoforlando.net
17. 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.
18. SUBMITTAL OF BIDS:
Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly
executed with all blank spaces filled in. The signatures of all persons signing shall be in Ionghand.
Erasures, interlineations, or other correetions shall be authenticated by affixing in the margin
immediately opposite the connection 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.
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19. INSPECTION OF PUBLIC RECORDS:
Bidders may request copies of the solicitation records in person or by written request to the
Purehasing Agent as listed in this solicitation. Pursuant to Florida State Statute Chapter 119.07,
sealed bids are exempt from public inspection until such time as the City provides Notice of
Intended Action or within ten (10) days after bid opening, whichever is earlier.
20. BID INFORMATION:
It is ineumbent on the bidder to check the City of Orlando website at www.citvoforlando.com for
current bid and award information, prior to and after the scheduled opening date of a solicitation.
Bidders may also contact the Purchasing and Materials Management Division in accordance with
the instructions provided herein.
21. APPLICABLE LAW
This Invitation for Bid is issued in aceordanee with and shall be verned the provisions
go by and
procedures of Chapter 7 of the City of Orlando's Code which can be accessed online at:
http:// www. eityoforlando. netladmin /ourchasine%hapter7.htm. Any appeal of matters relating to
this solicitation must be filed in accordanee with the requirements of Chapter 7 of the City Code.
22. RESERVED
23. 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 indieated 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 exaetly what he proposes to
furnish and forwards with his bid a eut illustration or other descriptive matter which will clearly
indicate the eharacter of the article eovered by his bid.
The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article
the bidder proposes to furnish whieh contains major or minor variations from the speeifieation
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 manufaeturer or shipment may be required
to submit working drawings or detailed deseriptive data sufficient to enable the City to judge if
such requirement of the specification is being complied with.
{
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Annual Agreement for Electrical Services INVITATION FOR BID # IFBIO -O01OA
24. WARRANTY: •
Bidder warrants that all equipment, materials and workmanship furnished whether furnished by
bidder or its sub - suppliers, will comply with its and the City's specifications, drawings and other
descriptions supplied or adopted, and will be new, fit and sufficient for the purpose for which they
are intended, of good materials, design and workmanship and free from defects or failure.
25. DISCOUNTS:
Bidders may offer a cash discount for prompt payment; however, such discounts shall not be
considered in determining the lowest net cost for bid evaluation purposes.
Discounts will be computed from the date of satisfactory delivery at place of acceptance or from
receipt of correct invoiee at the office specified, whichcver is later. Bidders are encouraged to
reflect cash discounts in the unit prices bid.
26. EXECUTION OF AGREEMENT:
The successful bidder shall, within fifteen (15) calendar days after Notice of Award is issued by the
City of Orlando, Purchasing and Materials Management Division, enter into a contract with the
City on forms as included within the bidding documents for the performance of work awarded him
and shall simultaneously provide any required bonds, indemnities and insurance certificates.
a. Unless otherwise agreed by the City, the agreement shall be signed by an authorized Corporate
Official (i.e., President, Vice President, C.E.O.) with the corporate seal affixed. It is also
required that such execution be acknowledged before a Notary Public with Notary Seal
affixed. If neither the aforementioned corporate officer nor the corporate seal are readily
available, a letter of authorization can be submitted in lieu of these requirements. Such letter
of authorization must be on the corporate stationery, must clearly state that the person who
signed the referenced agreement is duly authorized to enter into such agreement on behalf of
the corporation and must be signed by the corporate officials designated above. Failure to
submit letter of authorization within two (2) weeks after notification of award may result in
award to thc next apparent low bidder.
b. In the case of a Partnership, the agreement must be signed by a general or managing partner
and notarized as outlined above.
c- In the case of a sole proprietorship, the owner must sign the agreement and have such
execution notarized.
d. If you have any questions regarding thc execution of thc signature page, please feel free to
contact the Purchasing Department at (407) 246 -2291 for further clarification. Strict
adherence to criteria outlined above is of the utmost importance in finalization of agreements
awarded to successful bidders.
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Annual Agreement for Electrical Services INVITATION FORBID # IFBIO-0010A
27. FAILURE TO EXECUTE AGREEMENT:
Failure of the successful bidder to aecept the Agreement as speeified may be cause for caneellation
of the award. In the event that the award is eaneelled, the award may then be made to the second
lowest responsive and responsible bidder, and such bidder shall fulfill every stipulation embraeed
herein as if he were the original party to whom the award was made; or the Director of Purchasing
may reject all of the bids. Contractors who default are subjeet to suspension and/or debarment.
28. BIDDER QUALIFICATION:
Bids will be considered from firms who have adequate personnel and equipment and who are so
situated as to perform prompt service. The City reserves the right to conduct an inspection of the
bidder's facility and equipment prior to the award of the Agreement_
Bids will be considered only from firms which are regularly engaged in the business as described in
this bid package; with a record of performance for a reasonable period of time, which have
sufficient financial support, equipment, and organization to ensure that they can satisfactorily
execute the service if awarded an Agreement under the terms and conditions herein stated.
The terms "equipment and organization" as used herein shall be construed to mean a fully equipped
and well established company in line with the best business practice in the industry and as
determined by the City.
Failure to comply with the established deadline for submittal of required documents may be
grounds for cancellation of the award.
29. PUBLIC ENTITY CRIMES:
A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the
convicted vendor list following a conviction for a publie entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract witb • •
a public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in §287.01
of the Florida Statues for CATEGORY TWO, for a period of 36 months from the date of being
placed on the convieted vendor list.
30. FLORIDA PROMPT PAYMENT ACT:
1. Proper Invoice
For purposes of billing submission and payment procedures, a "proper invoice" by a
contractor, vendor or other invoicing party sball eonsist 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);
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Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -00I0A
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 Bureau, 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 ro er invoice, it must be
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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, contraetor or other party
who is supplying the goods and/or services has otherwise complied with all of the contract's
terms and eonditions and is not in default of any of them; and if the contract requires any
subcontractors or other parties to be bound by similar other "flow -down" requirements that
those requirements have been complied with.
2. Dispute Resolution
In the event a dispute oeeurs between a contraetor, 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 commenee not
later than forty -five (45) days, and be resolved not later than sixty (60) days, after the date on
whieh 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 deeision against the
invoicing party shall be deemed to have been issued.
31. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES:
At the option of the awarded vendor, the submission of any bid in response to this Invitation for
Bid constitutes a bid made under the same terms and conditions, for the same eontract price, to
other governmental agencies including the State of Florida and its ageneies, politieal subdivisions,
counties and cities.
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Annual Agreement for Electrical Services INVITATION FORBID # IFB10 -0010A
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 ageney
assumes any liability by virtue of this bid.
32. INSURANCE:
Insurance eoverage, when required, must be in force throughout the Contraet term. Should a
Contraetor fail to provide acceptable evidence of current 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. 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.
33. DRUG -FREE WORKPLACE CERTIFICATION:
By submitting a bid in response to this Invitation for Bid, you are certifying that your company is a
drug -free workplace in accordance with Florida Statute §287.087.
34. AMERICANS WITH DISABILITIES ACT:
Persons with disabilities needing a special accommodation to participate in this proceeding should
contact the Purchasing & Materials Management Division, City Hall at One City Commons, 400
South Orange Avenue, P.O. Box 4990, Orlando, Florida 32802 -4990, telephone (407) 246 -2291,
not later than SEVEN (7) days prior to the date on which the accommodation is requested.
35. PURCHASING CARD PROGRAM:
The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement
process. In order to expedite payments to suppliers, The Bank of America VISA Purchasing
Card and cPayable 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 can also achieve cost savings
results by accepting the ePayables solution. Identified supplier benefits of this Program arc:
• Reduction of payment timc
• 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 salts as a "Preferred Supplier"
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Annual Agreement for Electrical Services INVITATION FOR BID # IFBIO-0010A
Additionally, you will be able to grow your customer base by accepting purchasing cards from
other corporate customers as well as all major credit cards, therefore, The City encourages all
vendors to accept the VISA ePayable solution.
36. LIVING WAGE POLICY:
As set forth in City Policy and Procedure, 161.3, Covered Service Contractors, as well as their
subcontractors (first tier only), shall pay to all of their employees providing Covered Serviees
pursuant to an Agreement 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 projeet.) "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 serviee
Contractor's plaee of business) its payroll reeords to determine if compliance has been achieved.
- Failure to comply with the provision may result in termination of the Agreement and/or
preclusion from future City Agreements at the sole option of the City. This proyision shall apply
to all bid and Proposal awards for services, which involve City expenditures that exceed
$100,000.00 per year.
Morc particularly, this provision shall apply to single and multiple award Agreements for services
regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in
any one Agreement year. As for multiple award Agreements (Agreement award which will be
divided among several Contractors), at the point when the City has expended $100,000.00 on that
Agreement in any one - Agreement year, regardless of whether such expenditure was to one
Contraetor or several Contractors, then the living wage provision shall apply to all Contractors
who are a party to that award. For those Agreements whose initial value was less than
$100,000.00 but exceeded $100 000.00 rior to the cnd of the Agreement term this provision
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will be applicable to that Agreement in the next quarter.
To further clarify, the Living Wage policy does not apply to part time employees, nor the part
time employees of all subeontractors. Furthermore, the workers of temporary employment
agencies are not eovered by the City's Living Wage Poliey. A copy of the Living Wage Policy is
available for review in the Purchasing and Materials Management Division.
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37. RECIPROCAL LOCAL PREFERENCE:
In the event the most 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 county which grants a preference
for the procurement of such goods or services to a vendor whose principal place of business is in
such county, 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 county in which the most responsive and responsible vendor has its principal place of business.
38. EMERGENCY SUPPORT:
It is hereby made a part of this Invitation for Bid that before, during and after a public emergency,
disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods and
services on a first priority basis. It is vital and imperative that the majority of citizens are protected
from any emergency situation which threatens public health and safety, as determined by the City.
Vcndor / Contractor agrees to provide / rent / sell / lease all goods and serviees required by the City
on a first priority basis. The City expeets to pay a fair and reasonable price for all goods and
services in the event of a disaster, emergency or hurricane_ Vendor / Contractor shall furnish a
twenty -four (24) hour phone number in the event of such an emergency.
39. MULTIPLE AWARDS:
The City reserves the right in its sole discretion after evaluation of all responsive bids, proposals or
qualification statements to award the work described herein to more than one responsive bidder,
proposer or respondant.
In such cases where an award is made to more than one responsive bidder, proposer or responder,
the City shall apportion the work among the various primary, secondary and alternate providers in
such manner and at such time as it deems appropriate under the circumstances in its sole diseretion :_
and no minimum amount or proportion of work is guaranteed to any single provider or class of
providers irrespective of sueh provider's designation as primary, sccondary or alternate. •
40. SUBCONTRACTORS:
The Contraetor shall perform all of its obligations and functions under the Contract by means of its
own employees, or by a duly qualified subcontraetor, which is approved in advance by the City. In
the event a subcontractor is employed, the Contractor shall eontinuously monitor the
subeontraetor's performance, shall remain fully responsible to insure that the subcontractor
performs as required and itself perform or remedy any obligations or functions, which the •
subcontractor fails to perform properly. •
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41. ORDER OF PRECEDENCE
This solicitation shall be included and incorporated in the final agreement or purchase order.
Unless otherwise expressly provided in the final agreement or purchase order, in the event of any
conflict between the terms of the final agreement or purchase order, the City's solicitation, and the
vendor's responsc, the order of precedencc shall be the final agreement or purchase order, followed
by the solicitation, and then the response to the solicitation.
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ANNUAL AGREEMENT FOR ELECTRICAL SERVICES
THIS AGREEMENT ("Agreement "), effective as of the day of
200 is made by and between the City of Orlando, a municipal corporation existing under the laws of
the State of Florida, hereinafter referred to as the "City" and ., hereinafter
referred to as the "Contractor". For good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by the parties, the parties agree as follows:
I. SCOPE
The Contractor is to perform the Work as defined in the Invitation to Bid and amendments, if any,
the Invitation to Bid and any amendments thereto being attached hereto as Exhibit "A ",
incorporated by referenee herein and made a part hereof as fully as if herein set forth.
Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment,
manpower, and consumables to complete the Work.
H. TERM OF AGREEMENT
The period of this Agreement shall be for twelve (12) months, beginning on
and ending on . This Agreement may, by
mutual written assent of the parties, be extended for four (4) additional twelve (12) month periods
or portions thereof; up to a cumulative total of sixty (60) months.
III. COMPENSATION
The Contraetor agrees to provide the services, equipment and materials as specified in its bid to
the City at the cost specified in said bid and amendments, if any, the bid and any amendments
thereto being attached hereto as Exhibit "B ", incorporated by reference herein and made a part
hereof as fully as if herein set forth.
The amount as specified in Exhibit "B ", may be increased or decreased by the City under the Extra
Work provision of this Agreement, through the issuance of an Addendum, if applicable.
Any prices specified in this Agreement or Addendum thereto, will remain firm for the term of this
Agreement or Addendum.
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IV. PAYMENT
All invoices received by the City are payable within thirty (30) days from receipt, provided they
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have first been approved by the using department, and such department has accepted the Work.
The City reserves the right, with justification, to partially pay any invoice submitted by the
Contractor when requested to do so by the using department.
All invoices shall be directed to the Accounts Payable Section, City of Orlando, P.O. Box 4990,
Orlando, Florida, 32802 -4990.
NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY AGREEMENT
NUMBER AS STATED HEREIN.
V. FISCAL YEAR FUNDING APPROPRIATION
A. Specified Period
Unless otherwise provided by law, a contract for supplies or services may be entered into
for any period of time deemed to be in the best interest of the City, provided the term of
the eontract and conditions of renewal or extension, if any, are included in the solieitation
and funds are available for the first fiscal period at the time of eontract. Payment and
performance obligations for succeeding fiscal periods shall be subject to appropriation by
City Council of funds therefor.
B. Cancellation Duc to Unavailability of Funds in Succeeding Fiscal Periods
When funds are not appropriated or otherwise made available to support continuation of
performanee in a subscquent fiseaI period, the eontraet shall be caneeled and the contractor
shall be entitled to reimbursement for the reasonable value of any nonrecurring cost
incurred but not advertised in the priee of the supplies or services delivered under the
contract or otherwise recoverable.
VI. GENERAL CONDITIONS
A. Patents and Copyrights
The Contractor shall pay all royalties and assume all eosts arising from the use of any
invention, design, process, materials, equipment, product or device in performance of the
Work, whieh is the subject of patent rights or copyrights. Contractor shall, at its own expense,
hold harmless and defend the City against any elaim, suit or proceeding brought against the
City which is based upon a claim, whether rightful or otherwise, that the Work, or any part
thereof, furnished under this Agreement, constitutes an infringement of any patent or
eopyright of the United States. The Contractor shall pay all damages and costs awarded
against the City.
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B. Termination for Default
1. The performance of Work under this Agreement may be terminated by the Direetor of
Purchasing, in whole or in part, in writing, whenever the Director of Purchasing shall
determine that the Contraetor has failed to meet the performance requirements of this
Agreement.
2. The Director of Purchasing has a right to terminate for default if the Contraetor fails to
make delivery of the supplies or perform the Work, or if the Contraetor fails to perform
the Work within the time speeified in the Agreement, or if the Contraetor fails to
perform any other provisions of the Agreement.
3. Failure of a Contractor to deliver or perform the required Work within the time
specified, or within a reasonable time as determined by the Director of Purchasing or
failure to make replacements of rejected articles or Work when so requested,
immediately or as directed by the Director of Purehasing, shall constitute authority for
the Director of Purchasing to purchase in the open market artieles or Work of
comparable grade to replace the articles or Work rejected, not delivered, nor completed.
On all such purchases, the Contractor or his surety, shall reimburse the City, within a
reasonable time specified by the Director of Purchasing, for any expense incurred in
excess of the Agreement prices.
4. Such purchases shall be deducted from Agreement quantities. Should public necessity
demand it, the City reserves the right to utilize services or use and/or consume articles
delivered which are substandard in quality, subject to an adjustment in pricc to be
determined by the Director of Purchasing. The Contractor shall not be liable for any
excess costs if acceptable evidence has been submitted to the Director of Purchasing that .
failure to perform the Work was due to causes beyond the control and without the fault
or negligence of the Contractor.
C. Termination for Convenience
The Dircctor of Purchasing may terminate thc Agreemcnt for convenience with advance
written notice to thc Contractor. •
In the event of such a termination by the City, the City shall be liable for the payment of all
Work properly performed prior to the effective date of termination and for all portions of
materials, supplies, services, and facility orders which cannot be cancelled and were placed
prior to the effective date of termination and other reasonable costs associated witb the
termination.
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D. Warranty
The Contractor warrants that the Work including equipment and materials provided shall
conform to professional standards of care and practice in effect at the time the Work is
performed, be of the highest quality, and be free from all faults, defeets or errors. Whenever
required by the specifications of the Invitation to Bid, the Contractor warrants that all
equipment and materials provided shall be new. If the Contractor is notified in writing of a
fault, deficiency or error in the Work provided within one (1) year from completion of the
Work, the Contractor shall, at the City's option, either reperform such portions of the Work to
correct such fault, defect or error, at no additional cost to the City, or refund to the City, thc
charge paid by the City, which is attributable to such portions of the faulty, defective or
erroneous Work, including thc costs for reperformance of the work provided by other
Contractors.
E. Time of Completion
The parties understand and agree that time is of the essence in the performance of this
Agreement. The Contractor or City, respectively, shall not be liable for any loss or damage,
resulting from any delay or failure to perform its contractual obligations within the time
specified, due to acts of God, actions or regulations by any governmental entity or
representative, strikes or other labor trouble, fire, embargoes, or other transportation delays,
damage to or destruetion 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, contingeneies 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 eauses 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 this Agreement for the eonvenience of the City.
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F. Indemnification and Insurance:
1. Indemnity
The Contractor hereby agrees to indemnify and hold harmless the City, its officers, agents,
and employees, from and against any and all liability, claims, damages, demands, expenses,
fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees
for trial and on appeal, and for the preparation of same arising out of the Contractor's, its
officers', agents', and employees' acts, or omissions associated with this Agreement.
2. Insurance
The Contractor, at its own expense, shall keep in force and at all times maintain during
the term of this Agreement:
(a.) Commercial General Liability Insurance:
Commercial General Liability Insurance, issued by responsible insurance
companies and in a form acceptable to the City, protecting and insuring against all
the foregoing with coverage limits of not less than Five - Hundred Thousand Dollars
g g covers g
($500,000) per oecurrence for Bodily Injury and Property Damage_
(b.) Automobile Liability Insurance:
Automobile Liability coverage shall be in the minimum amount of Three - Hundred
Thousand Dollars ($300,000) per occurrenee combined single limits for Bodily
Injury and Property Damage_
(c.) Workers' Compensation Coverage:
Full and complete Workers' Compensation Coverage, as required by State of
Florida law, shall be provided.
(d.) Insurance Certificates:
The Contractor shall provide the City with Certificate(s) of Insurance on all the
policies of insurance and renewals thereof in a form(s) acceptable to the City. Said
Commercial General Liability policy shall provide that the City be an additional
insured. The City shall be notified in writing of any reduction, cancellation or
substantial change of policy or policies at least thirty (30) days prior to the effective
date of said action. -
All insurance policies shall be issued by responsible companies who are acceptable
to the City and licensed and authorized to do business under the laws of the State of
Florida.
Purchasing and Materials Management Division (SAACS) Page: 41
Annual Agreement for Electrical Services INVITATION FOR BID # IFB14 -0010A
G. Acceptance
The City will be deemed to have aceepted the Work after the Direetor of Purchasing is
notified by the using Department of its satisfaction that the Work is completed.
The Work under this Agreement shall remain the property of the Contractor until the City
accepts it. In the event the Work furnished under this Agreement is found to be defective or
does not conform to the specifications, the City reserves the right to cancel the Agreement
upon written notice to thc Contractor.
II. Correction of Work
The Contraetor shall promptly correct all Work rejected by the City as faulty, defective, or
failing to conform to this Agreement whethcr observed before or after substantial completion
of the Work, and whcther or not fabricated, installed or completed. The Contractor shall bear
all costs of correcting such rcjectcd Work.
I. Right to Audit Records
The City shall be entitled to audit thc books and records of the Contractor or any
sub - contractor to the extent that such books and records relate to the performance of this
Agreement or any sub - contract to this Agreement_ Such books and records shall be
maintained by the Contractor for a period of three (3) years from the date of final payment
under this Agreement and by the sub - contractor for a period of three (3) years from thc date
of final payment undcr the sub - contract unless a shorter period is otherwisc authorized in
writing.
J. Time is of the Essence
The parties agree that time is of the essence in the completion of the Work ealled for under
this Agreement_
The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted
at such a rate of progress as will ensure full completion thereof within the time specified.
K. Information
All information, data, designs, plans, drawings, and specifications furnished to or developed
for the City by the Contractor or its employees, pursuant to this Agreement, shall be the
sole property of the City and all rights therein are reserved by thc City, exeept that the
Contractor may disclose any such information to its corporate affiliates and their agents.
Purchasing and Materials Management Division (SAACS) Page: 42
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -00IOA
L. Safety Measures
The Contractor shall take all necessary precautions for the safety of the City's and
Contractor's employees and the general public and shall erect and properly maintain at all
times all necessary vehicular and facility safeguards for the protection of the Workmen and
public. If necessary, the Contractor shall post signs warning against hazards in and around
the Work site.
M. Extra Work
The City, without invalidating this Agreement, may order changes in the Work within the
general scope of this Agreement consisting of additions, deletions, or other revisions, the
Agreement price and time being adjusted aeeordingly. All such changes in the Work shall be
authorized by a written Addendum to this Agreement, and shall be exeeuted under the
applicable eonditions of the Agreement. If the Contractor plans to make a claim for an
increase in the Agreement price or an extension in the Agreement SehedulefTerm, he shall
first give the City written notice within ten (10) ealendar 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.
ft Familiarity With The Work
The Contractor by executing this Agreement, acknowledges full understanding of the extent
and character of the Work required and the eonditions surrounding the performance thereof
The City will not be responsible for any alleged misunderstanding of the Work to be
furnished or completed, or any misunderstanding of conditions surrounding the
performance thereof. It is understood that the execution of this Agreement by the Contractor
serves as his stated commitment to fulfill all the eonditions referred to in this Agreement.
0. 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.
Purchasing and Materials Management Division (SAACS) Page: 43
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
VH. MISCELLANEOUS PROVISIONS
A. The Contractor shall not employ subcontractors without the advance written permission of
the Director of Purehasing.
B. Assignment of this Agreement shall not be made without the advance written consent of the
Director of Purchasing.
C. The Contractor shall comply with all applicable federal, state and local laws, ordinances,
rules and regulations pertaining to the performance of Work under this Agreement.
D. No waiver, alterations, consent or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by the Director of Purchasing or his designee.
E. The Contractor is to procure all permits, licenses, and eertifieates, or any such approvals of
plans or speeifieations as may be required by federal, state and local laws, ordinances, rules,
and regulations, for the proper execution and completion of the Work under this Agreement.
F. The Contractor shall at all times, keep the Work area free from accumulation of waste
materials or rubbish caused by his operations, and promptly remove any such materials to an
approved disposal location.
G. All disputes between the parties shall be resolved in accordance with the City Purchasing
Code, (Chapter 7 of the City Code).
H. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials,
tools, equipment, and consumables, Zell on City property by the Contractor.
I. This Agreement is considered a non - exclusive Agreement between the parties.
J. This Agreement is deemed to be under and shall be governed by, and construed according to,
the laws of the State of Florida.
K. Any litigation arising out of this Agreement shall be had in the Courts of Orange County,
Florida.
L. The undersigned hereby certifies that this Agreement is made without prior understanding,
agreement
or connection with any corporation, firm or erson who submitt ed bids for the
greem y
person
eovered by this Agreement and is in all respects fair and without eollusion or fraud. As
to Contractor, the undersigned hereby warrants and certifies that they are is authorized to
enter into this Agreement and to executc same on behalf of the Contractor as the aet of the
said Contractor.
Purchasing and Materials Management Division (SAACS) Page: 44
Annual Agreement for Electrical Services INVITATION FOR BID # IFBIO -O010A
M. This Agreement, including any Exhibits hereto, eontains all the terms and conditions agreed
upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind either party hereto.
N. The City's Director of Purchasing or his written designee shall have authority to act on behalf
of the City in matters related to this Agreement, including but not limited to the sending and
receiving of any notices required hereunder.
***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Purchasing and Materials Management Division (SAACS) Page: 45
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10 -0010A
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first
written above.
PURCHASING AND MATERIALS APPROVED AS TO FORM AND LEGALITY
MANAGEMENT DIVISION for the use and reliance of the
CITY OF ORLANDO, FLORIDA City of Orlando, Florida, only.
By:
Director of Purchasing Date: , 2009
RAY ELWELL
Name, Typed or Printed
CITY ATTORNEY
Date: , 2009 ORLANDO, FLORIDA
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CONTRACTOR
By:
Signature
CORPORATE SEAL
Name & Title, Typed or Printed
Name of Company, Corp., etc.
Mailing Address
City, State and Zip
Area Code/Telephone Number
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009, by , as the , on behalf of
He/she (is) personally known to me or (has) produced
(type of identification)
WITNESS my hand and official seal this day of , 2009.
(SEAL) Signature of Person Taking Acknowledgment
Typed, Printed or Stamped Name of Person
Taking AcknowIcdgnent •
My Commission Expires:
Purchasing and Materials Management Division (SAACS) Page: 46
Annual Agreement for Electrical Service& INVITATION FOR BID if IFBIO-0010A
EXHIBIT "B"
SUCCESSFUL CONTRACTOR'S BID
AND ANY AMENDMENTS THERETO
•
Purchasing and Materials Management Division Page: 12
c
r Manager
�° ..; [f[vLtioo Maoa
Buddy Dyer Rhonda Scott, CP.M, CPPO, FCCN
Procurement Manager
Roger Cooper, C.P.M.
CITY OF ORLANDO
INVITATION FOR BID (IFB)
ORIGINAL
DATE OF LSSUE: October 8, 2009
•
IFB DUE DATE: Wednesday, October 28, 2009
IFB DUE TIME: 4:00 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: ANNUAL AGREEMENT FOR ELECTRICAL SERVICES
IFB NO: IFB10-0010A •
(IFB NUMBER MUST BE SHOWN ON THE OUTSIDE OF ENVELOPE)
'THIS I O AN O RMI
DIRECT ALL INQUIRIES TO: Dianne Farrell, Senior Purchasing Agent
Phone: (407) 246 -2363
Email: Dianne.Farrel cityoforlando net
B USINESS NAME & ADDRESS
6 e—grice) .
Business Name
•
•
rtrct; 2-V3
Address
gar lk:•tio F( - 3 7-
City, State, Zip
3cd7T 6 (ce..--• ( Yen Z73• 22401
Contact Person/ Telephone Number
It is the intent and purpose of the City of Odando 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)
s t "or to the bid el..... date.
10/28/2009
gco ELECTRIC, Inc.
•
City of Orlando
Purchasing and Materials Management Division
400 South Orange Avenue, Fourth Floor
Orlando, FL. 32801
Gemco Electric, Inc. was started on January 12, 2006 by Scott E. Green, President •
and sole owner. We are a family owned and operated business with over fifteen years
experience. Gemco Electric, Inc. currently has four employees as follows:
(1) Master Electrician: Fifteen years experience
(2) Electrician: Full -time employees with seven years experience
(1) Office Manager: Thirteen years experience
I have included our service description as an introduction to our company. Thank you for
the opportunity to bid with you and I look forward to establishing a positive business
relationship.
Scott Green - President
Office: 407-273-2204 -
Fax: 407-275-2360
Email: gemcoelectricinc{abellsouth.net
•
Mission Statement
Gemco Electric, Inc. is an electrical service and maintenance company providing service
to residential, commercial and industrial customers. We strive to establish long-term
partnerships ensuring that our customers' needs are met in a timely manner.
1969 South Alafaya Trail Ste. 253
Orlando, FL. 32828
r '
gMCo ELECT WIC IWC.
1969 South Alafaya Trail #253
Orlando, FL. 32828
407- 273- 2204/Office
32I- 235- 1532/Fax
GEMCO ELECTRIC, INC. offers comprehensive electrical services to the residential,
commercial and industrial markets.
Service Description
GEMCO ELECTRIC, INC. includes:
• Electrical installation
• Equipment inspection
• Electrical repair
• Preventative maintenance
Competitive Comparison
The electrical contracting market is very competitive. The barriers to entry and exit in
this market are very low making this an industry with a large number of rival firms with
high turn over rates. Customers have a significant amount of power since they have a
large number of companies to choose from. Moreover, service is undifferentiated, which
means the customer loyalty is usually low. Electrical companies must compete on quality
and timeliness of service, customer relationships, and price.
GEMCO ELECTRIC, INC. believes that it can improve on the quality and timeliness of'
service in this industry by instituting procedures that will avoid many of the mistakes that
other firms make. This includes delayed schedules and high employee turnover which
leads to lower service quality. The company will be equally competitive in price and will
maintain close ties with its clients throughout the entire project since each project is a
customized job. Through these steps, GEMCO ELECTRIC, INC. will be able to build up
a reputation of better quality service at competitive pricing than its competitors.
•
}
•
Annual Agreement for EtectrIcal Services INVITATION FOR BID # IFB10-0OIOA
BIDDER'S CERTIFICATION
I have carcfully examined the invitation for Bid, Instructions to Bidders, General, Standard and Special
Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made
a part of this Invitation.
I hereby propose to furnish the goods or services specified in the Invitation at the prices or rates quoted in
m y bid_ I agree that my bid will remain firm fora 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 be of wy knowledge and belief. 1
further certify that I am duly authorised to submit this bid on behalf of the vendor /contractor as its act and deed
and that the vendor/contractor is ready, willing and able to perform if awarded the bid_
I further certify, under oath, that this bid is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or
service; no officer, employee or agent of the City of Orlando or of any other bidder is interested in said bid; and
that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters
therein contained and was duly authorized to do so.
C er+.• 61-0ri&iGIn
NAME OF BUSINESS Sworn to and subscribed before me
this oC 44 day of
SIGNATURE `d het , 2009
TITLE, TYPED O
S i� Care4n p PRINTED
N gs e ( 2Q J NAME & lt PRINTED
Signature of Notary
`} ` S S 414-F Tray ( 0 2X 3 of .._ t�omtr. t�ttt ..
MAILING ADDRESS I `OR IF DIFFERENT Personally Known \ � ' r aatlt
YOURPRINCIPLE PLACE OF BUSINESS �_ wt Combelen ■rttr�t a NIPS
OWN li/IaMttttA
df(A Ado F ( 3 7-ca- -OR-
CITY, STATE, ZIP CODE Produced Identification
(Ytn) 2-7 3 - 22 Type:
TELEPHONE NUMBER
•
(4V1) 2/7s - 7.3 6,0 Company Tax ID # 7.0 - Yd 25'
FAX NUMBER (The City only requires Company Tax ID numbers. The
City is not requesting individual social security numbers.)
•
"coma elsQIrici v7 r?t•!lcednia.
MAIL ADDRESS
I P
Purchasing and Materials Management Division Page: 6
1TVITATION FOR BID # IFB1D -0010A
ADDENDUM PAGE
The undersigned acknowledges receipt of the following addenda to the Documents (Give number and
date of each):
Addendum No. _ Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Failure to submit acknowledgment of any Addendum that affects the Bid prices is considered a
major irregularity and will be cause for rejection of the bid
Company
ignaturc
14.4,.,x%
Title
•
I
Purchasing and Materials Management Division Page: 7
•
Annual Agreement far needed Services nMTATION FOR BID # IFBlO -0010A
REFERENCES •
Bidder shall submit as a part of the Bid pa rage, a minimum of three (3) references for similar products or
services completed within the last three (3) years.:"
Name: ad Cites�iairS ✓!G Name: Vkt1 + oc-rSi4-4 OT C04-1-r-xl F�wCa�,
Address: o ?5 LJ . A - l: cr S� Address: '1 000 Ccrri
ar litnak. , 34Fao5 [7ri An a o r FL. 32 81(.4
Telephone No.: ( ) 44) L Siz r 3 Telephone No.: ( ) 4 0 ? -S a 3- ,2'1
FaxNo.:( ) °1- (z FaxNo.:( ) . 1 / • $23 -i(Iac
Contact: P A Apt .. n Q ! r r A y r Contact: ;S11 Alan [ ai u; A
E - mail : ra rn as A a 62643 es 6 ".. . tw E-mail: God vin M A i 1. u c4? ectu
Name: $ e.neteprn *, I C Name: Si 2 7 t c r C
1 o A ddress: o� Y'.. 5-E r,"
Address. S� �' ,G��r�� �?[`i o� � r�► 6 �¢ Arc n€.1?-
CA , - 3.0 ) o a- 164,t4cet FL . 3290/
Telephone N o . : ( ) 4 / 1 -4, -33(.9 Telephone No.: ( ) 4 ° - 1 - sae - 3 .2 7
FaxNo.:( ) `i'to - Gc5 FaxNo.:( ) 1 -3ZI 9SI — z
Contact i i Contact: 11
F.-mail : r 4Cakt 19 Go (diDVA64,.. E-mail: 1 kf) Jm., la r,, a.. C.- yt-
•
Purchasing and Materials Managrmeit Divi on page: 8
1
Annua! Agreement for Electrical Service INVITATION FOR BID # IFB1O -0010A
MINORITY/WOMEN OWNED BUSI ESS ENTERPRISE PARTICIPATION:
Chapter 57, Article II, Minority Business Enterprise (MBE), and Article III, Women -Owned Business
Enterprise (WBE) of the Orlando City Code, establishes goals of 18% (MBE) and 6% (WBE),
respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and
construction to be awarded to Minority and Women -Owned Business Enterprises (MWBE).
For further information regarding this program, please refer to Chapter 57 of the Code of the City of
Orlando or contact
Minority Business Enterprise
City Hall at One City Commons
400 South Orange Avenue - 5 Floor
P.O. Box 4990
Orlando, Florida 32802 -4990
(407) 246-2623
If your company is currently certified, please enter the certification number and the expiration date in
spaces provided below or submit a copy of the certificate received from the City stating that your
company is certified by the City as a Minority/Women -owned Business Enterprise:
Business Name: G e-r co & ee:1;r•
Certification Number 0210 66 / 7
Expiration Date: Min 3 0 2,0 r /
There shall be no third party beneficiaries of the Minority Business Enterprise or Women -Owned
Business Enterprise provisions of this Contract, The City of Orlando shall have the exclusive means of
enforcement of the MBE/WBE Ordinance and contract terms. No right of action for nor signatories of
the Agreement is intended or implied. The City of Orlando is the sole judge of compliance. All
solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chapter 57,
Articles II and III.
In order for a bidder to receive credit for MBE/WBE certification, the firm must be certified with the
City of Orlando MBE/WBE Office on or before the date set for submittal of bids_
Purchasing and Materials Management Division Page: 9 •
1
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
•
RECYCLED CONTENT QUESTIONNAIRE
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 also requests information regarding any known or potential
material content in the product that may be extracted and recycled after the product has served its
intended purpose.
Product bid contains recycled content?
Yes No.
Is your product packaged and/or shipped in material containing recycled content?
Yes No.
D4-
Is your product recyclable after it has reached its intended end use?
Yes No. IA
•
Purchasing and Materials Management Division Page: 10
Annual Agreement for Electrical Services INVITATION FOR BID N IFB10 -0010A
BID PRICE FORM
You are invited to Bid on We following: Annual Agreement for Electrical Services
Item
Na. Quantity Unit Description Unit Price Total
We propose to furnish all labor, tools, equipment,
transportation, etc, necxssary to provide Electrical
Services to the City of Orlando, the services will be
performed in accordance with the attached Specification
consisting of six (6) pages, for the hourly rates per man,
per hour as follows:
1. 1,000 Hours Hourly rate per Journeyman Electrician, regular time $�L -?
$a 3,000
2. 1,000 Hours Hourly rate per Maintenance Electrician, regular time $ 1 r $ j r} pact
State below hours during which regular time will prevail:
From: 7 :30 a.m. To: 3: 3o p.m.
DAYS OF THE WEEK: pi Pei eia y
In the event overtime is required, state below rate of
overtime pay per man, per hour
3. 250 Hours Overtime hourly rate per Journeyman $3 $ $, L.25
250 Hours Overtime hourly rate per Maintenance Electrician 05.5° 5.5 ° $(',3 95
State below hours during vxhich overtime will prevail:
FROM 3 30 ..., 'PO: 7; 3c gLQ
DAYS OF THE WEEK: LC_
5. 530,000.00 Yearly Materials and Equipment (to be furnished by Contractor if 100% +lp% $ 3.5,000-
and when requested by the City) shall be at Contractor's
actual cost plus l D (permit).
Evidence of actual costs may be required through
submittal of actual invoices. The unit price in the next
column is 100'/o plus the mark-up. For example: if mark-
up is 10%, the unit price would be 100% + 10% and the
last column would be $30,000.00 x 110% = $33,000.00 -
Total Bid S �$ Ono
Vendor [minima
Purchasing and Materials Management Division Pa 11
Annual Agreement for Electrical Services INVITATION FOR BID # IFB10-0010A
BID PRICE FORM
You are invited to Bid on the following:
Annual Agreement for Electrical Supplies
Item Unit
No. Quanti y Unit Description Price Total
Bidder's City Occupational License No.:, t go z- lozr54
Expiration Date: O q- o— 2.0 (Co
NOTE 1:
THE ESTIMATED QUANTITIES PROVIDED IN
THIS INVITATION TO BID ARE GIVEN ONLY AS
A GUIDELINE FOR PREPARING THE BID AND
SHOULD NOT BE CONSTRUED AS
REPRESENTING ACTUAL QUANTITIES TO BE
PURCHASED.
•
1. Terms of Payment a % I b days, Net 30 Days.
2. Is your company willing to accept the VISA ePayable solution for payment of all invoices?
Yes No
Recheck your quotations prior to submission. Bids may not be changed after being opened.
•
Purchasing and Materials Management Diivision Page: 12
i
Exhibit 6
Federal Davis Beacon Act
The Davis -Bacon Act, MIND
as Amended U.S. Wage and Hour Division
U.S. Department of Labor
Wage and Hour Division
WH Publication 1246
(Revised April 2009)
Materials contained in this publication is in
the public domain and may be reproduced,
fully or partially, without permission of the
federal Government. Source credit is requested
but not required. Permission is required
only to reproduce any copyrighted material
contained herein.
This material will be made available to
Sensory impaired individuals upon request.
Voice phone: 202 - 693 -0675
TDD* phone: 202 - 523 -9530
PUBLIC LAW 107 - 217 —AUG. 21, 2002 [as amended']
An Act
To revise, codify, and enact without substantive change certain general and permanent laws,
related to public buildings, property, and works, as title 40, United States Code,
"Public Buildings, Property, and Works ".
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled,
SECTION 1. TITLE 40, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to public buildings, property,
and works, are revised, codified,and enacted as title 40, United States Code, "Public Buildings,
Property, and Works ", as follows:
TITLE 40— PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * *
SUBTITLE II— PUBLIC BUILDINGS AND WORKS
* * * *
PART A— GENERAL
* * * *
CHAPTER 31 – GENERAL
* * * *
SUBCHAPTER IV - WAGE RATE REQUIREMENTS
Sec. 3141. Definition
In this subchapter, the following definitions apply:
(1) Federal government. — The term "Federal Government" has the same meaning that
the term "United States" had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494) (known
as the Davis -Bacon Act).
Wages, scale of wages, wage rates, minimum wages, and prevailing wages. g g g � g P g es. —
g
The terms "wages ", "scale of wages ", "wage rates ", "minimum wages ", and "prevailing
wages" include—
(A) the basic hourly rate of pay; and
' Pub. L. 109 -284 Sec. 6(11), (12), and (13) made three minor technical corrections in Secs 3141(1), and 3142(d) and (e).
(Sept. 27, 2006, 120 Stat.1213.)
The Davis -Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which was
classified generally to sections 276a to 276a -5 of former Title 40. Public Buildings, Property, and Works. and was repealed
and reenacted as sections 3141 -3144, 3146, and 3147 of this title by Pub. L. 107 -217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
1062, 1304.
•
(B) for medical or hospital care, pensions on retirement or death, compensation for
injuries or illness resulting from occupational activity, or insurance to provide any of the
forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or
accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship
or other similar programs, or for other bona fide fringe benefits, but only where the con-
tractor or subcontractor is not required by other federal, state, or local law to provide any
of those benefits, the amount of—
(i) the rate of contribution irrevocably made by a contractor or subcontractor to a
trustee or to a third person under a fund, plan, or program; and
(ii) the rate of costs to the contractor or subcontractor that may be reasonably an-
ticipated in providing benefits to laborers and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or program which was com-
municated in writing to the laborers and mechanics affected.
Sec. 3142. Rate of wages for laborers and mechanics
(a) Application.— The advertised specifications for every contract in excess of $2,000, to
which the Federal Government or the District of Columbia is a party, for construction, alteration,
or repair, including painting and decorating, of public buildings and public works of the
Government or the District of Columbia that are located in a State or the District of Columbia
and which requires or involves the employment of mechanics or laborers shall contain a
provision stating the minimum wages to be paid various classes of laborers and mechanics.
(b) Based on Prevailing Wage. — The minimum wages shall be based on the wages
the Secretary of Labor determines to be prevailing for the corresponding classes of laborers
and mechanics employed on projects of a character similar to the contract work in the civil
subdivision of the State in which the work is to be performed, or in the District of Columbia if
the work is to be performed there.
(c) Stipulations Required in Contract.— Every contract based upon the specifications referred
to in subsection (a) must contain stipulations that —
(1) the contractor or subcontractor shall pay all mechanics and laborers employed
directly on the site of the work, unconditionally and at least once a week, and without
subsequent deduction or rebate on any account, the full amounts accrued at time of payment,
computed at wage rates not less than those stated in the advertised specifications,
regardless of any contractual relationship which may be alleged to exist between the
contractor or subcontractor and the laborers and mechanics;
(2) the contractor will post the scale of wages to be paid in a prominent and easily
accessible place at the site of the work; and
(3) there may be withheld from the contractor so much of accrued payments as the
contracting officer considers necessary to pay to laborers and mechanics employed by
the contractor or any subcontractor on the work the difference between the rates of wages
required by the contract to be paid laborers and mechanics on the work and the rates of wages
received by the laborers and mechanics and not refunded to the contractor or subcontractors or
their agents.
(d) Discharge of Obligation. — The obligation of a contractor or subcontractor to make
payment in accordance with the prevailing wage determinations of the Secretary of Labor, under
this subchapter and other laws incorporating this subchapter by reference, may be discharged
by making payments in cash, by making contributions described in section 3141(2)(B)(i) of this
title, by assuming an enforceable commitment to bear the costs of a plan or program referred
to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and
assumption, where the aggregate of the payments, contributions, and costs is not less than the
basic hourly rate of pay plus the amount referred to in section 3141(2)(B) of this title.
(e) Overtime Pay.— In determining the overtime pay to which a laborer or mechanic is entitled
under any federal law, the regular or basic hourly rate of pay (or other alternative rate on which
premium rate of overtime compensation is computed) of the laborer or mechanic is deemed to
be the rate computed under section 3141(2)(A) of this title, except that where the amount of
payments, contributions, or costs incurred with respect to the laborer or mechanic exceeds the
applicable prevailing wage, the regular or basic hourly rate of pay (or other alternative rate) is
the amount of payments, contributions, or costs actually incurred with respect to the laborer or
mechanic minus the greater of the amount of contributions or costs of the types described in
section 3141(2)(B) of this title actually incurred with respect to the laborer or mechanic or
the amount determined under section 3141(2)(B) of this title but not actually paid.
3141(2)(B) of this title but not actually paid. Sec.3143.
Every contract within the scope of this subchapter shall contain a provision that if the
contracting officer finds that any laborer or mechanic employed by the contractor or any
subcontractor directly on the site of the work covered by the contract has been or is being
paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal
Government by written notice to the contractor may terminate the contractor's right to proceed
with the work or the part of the work as to which there has been a failure to pay the required
wages. The Government may have the work completed, by contract or otherwise, and the
contractor and the contractor's sureties shall be liable to the Government for any excess costs
the Government incurs.
Sec. 3144. Authority of Comptroller General to pay wages and list contractors violating
contracts
(a) Payment of Wages. —
(1) In general. — The Comptroller General shall pay directly to laborers and mechanics
from any accrued payments withheld under the terms of a contract any wages found to be
due laborers and mechanics under this subchapter.
(2) Right of action. — If the accrued payments withheld under the terms of the contract
are insufficient to reimburse all the laborers and mechanics who have not been paid the
wages required under this subchapter, the laborers and mechanics have the same right
to bring a civil action and intervene against the contractor and the contractor's sureties as is
conferred by law on persons furnishing labor or materials. In those proceedings it is not a
defense that the laborers and mechanics accepted or agreed to accept less than the required
rate of wages or voluntarily made refunds.
(b) List of Contractors Violating Contracts.—
(1) In general. — The Comptroller General shall distribute to all departments of the
Federal Government a list of the names of persons whom the Comptroller General has
found to have disregarded their obligations to employees and subcontractors.
(2) Restriction on awarding contracts.— No contract shall be awarded to persons
appearing on the list or to any firm, corporation, partnership, or association in which
the persons have an interest until three years have elapsed from the date of publication
of the list.
* * * *
Sec. 3146. Effect on other federal laws
This subchapter does not supersede or impair any authority otherwise granted by federal law to
provide for the establishment of specific wage rates.
Sec. 3147. Suspension of this subchapter during a national emergency
The President may suspend the provisions of this subchapter during a national emergency.
Sec. 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is made without regard to section
3709 of the Revised Statutes (41 U.S.C. 5), or on a cost - plus -a- fixed -fee basis or otherwise
without advertising for proposals, if this subchapter otherwise would apply to the contract.
SECTION 00881
DAVIS BACON DAVIS BACON PAY RATES
Wage Determinations applicable to Davis -Bacon Act are to be obtained from the
web -site: http: / /www.wdol.gov /dba.aspx
Add: GENERAL DECISION Number:
Date Applicable to General Decision Number:
Superseded General Decision Number:
State: Florida
Construction Type: Heavy
County: Seminole County in Florida.
HEAVY CONSTRUCTION PROJECTS:
Modification Number Publication Date
Attach Copy of WD To this sheet with the appropriate additions completed.
Unlisted classifications needed for work not included within the scope of the
classifications listed may be added after award only as provided in the labor
standards contract clauses (29 CFR 5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates listed under the
identifier do not reflect collectively bargained wage and fringe benefit
rates. Other designations indicate unions whose rates have been determined
to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
00881 -1
SECTION 00881
DAVIS BACON DAVIS BACON PAY RATES
for summaries of surveys, should be with the Wage and Hour Regional Office
for the area in which the survey was conducted because those Regional Offices
have responsibility for the Davis -Bacon survey program. If the response from
this initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described
here, initial contact should be with the Branch of Construction Wage
determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party
(those affected 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 MI
•
NAME OF PRIME CONTRACTOR STREET ADDRESS
NAME OF EMPLOYER CITY STATE LP CODE
SUPERVISOR'S 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 glving up any part of your pay?
Are you receiving any cash payments for fringe benefits required by the posted wage determination decislon?
Examples of 'bona fide' fringe benefits include (but are not limited to) life insurance, hearth 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? (YYMMDD)
1 HAVE READ THE ABOVE AND CERTIFY IT TO BE CORRECT TO THE BEST OF MY KNOWLEDGE
EMPLOYEES SIGNATURE DATE (YYMMDD)
INTERVIEWER'S SIGNATURE DATE (YYMMDD)
INTERVIEWER'S COMMENTS
WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION Ofexpramtlon is needed, use comments sin) YES NO
15 EMPLOYEE PROPERLY CLASSIFIED AND PAID?
ARE WAGE RATES AND POSTERS DISPLAYED?
FOR USE BY PAYROLL CHECKER
IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? OYES ONO
COMMENTS
CHECKER
LAST NAME FIRST NAME MI JOB TITLE
SIGNATURE I DATE (YYMMDD)
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1445 (REV. 7-06)
00900 -2
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Instructions For Completing Payroll Form, WH -347
htto://www.dol.gov/whd/forms/wh3
• WH -347 (PDF)
OMB Control No. 1215 -0149, Expires 12/31/2011.
Persons are not required to respond to the collection of information unless it displays a currently valid OMB
control number.
General: Form WH- 347has been made available for the convenience of contractors and subcontractors
required by their Federal or Federally -aided construction -type contracts and subcontracts to submit weekly
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
"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
11Page
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 "[a]II
powers of the City shall be vested in the Commission, except as otherwise
provided by law or this charter, and the Commission shall provide for the
exercise thereof and for the performance of all duties and obligations imposed on
the City by law" and Section 3.04 of the City Charter of the City of Sanford relates
to the powers and duties of the City Manager and provides, in pertinent part that
"[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.
2IPage
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.
31Page
(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. Conflict s.
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
11 / ./(06
_ ►_••
anet Dougherty, city Clerkl Jeff Tripp- R: • r
Approved as to form
and legal sufficiency.
William L. Colbert, City Attorney
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