2103 PBA 18/19-54 ABS Pumps, parts & Repairs, Hydra ServicesTo: City Clerk/Mayor
RE' i
1-"67 SQrvi c�'S
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
EJ
Special Instructions:
1-i,4� 13o jaofzi je v -
From
SharePoint_Finance_Purchasing_Forms - 2018.doc
Date
HydraService, Inc. Piggyback Contract (PBA 18/19-54) (ABS Pumps, Parts And
Repairs)
The City of Sanford ("City") enters this "Piggyback" Contract with HydraService,
Inc., an Alabama corporation (hereinafter referred to as the "Vendor"), whose principal
address is 2104 Highway 160; Warrior, Alabama 35180, and whose mailing address is
Post Office Box 365; Warrior, Alabama 35180, under the terms and conditions hereinafter
provided. The City and the Vendor agree 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
Orange County, Florida, said contract being identified as "Y16 -1094 -MR ABS
PUMPS, PARTS AND REPAIRS", as may have been amended, in order for the
Vendor to provide ABS pumps, parts and repairs relating to the City's various projects
(said original contract being referred to as the "original government contract").
(2). The original government contract documents are 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; provided, however, that the
City will negotiate and enter work orders/purchase orders with the Vendor in
accordance with City policies and procedures for particular goods and services.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
1
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).
NIA. Notwithstanding any provisions, however, this Contract shall not be operative
for a period of time exceeding 5 years.
(b). Insurance Requirements of this Contract: (state NIA 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). N/A.
(d). 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 Bilal Iftikhar; Public Works/Utility Director; Utilities, Public Works Department, City Hall;
City of Sanford, Florida; 300 North Park Avenue; Sanford, Florida 32771, telephone
number 407-688-5144, facsimile transmittal number 407-688-5085 and whose e-mail
address is Bilal.iftikhar@Sanfordfl.gov.
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
2
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
(f). 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.
(g). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State or local regulatory agency.
(h).
(I). IF THE CONTRACTOR/VENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH
PARK AVENUE, SANFORD, FLORIDA 327711
TRACI.HOUCHIN@SANFORDFL.GOV.
(II). In order to comply with Section 119.0701, Florida Statutes, public
records laws, the Vendor must:
3
(A). Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service.
(B). Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(C). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized
by law.
(D). Meet all requirements for retaining public records and transfer, at no
cost, to the City all public records in possession of the Vendor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
(III). If the Vendor does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
(IV). Failure by the Vendor to grant such public access and comply with public
records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Vendor shall promptly provide the City with a copy of any
request to inspect or copy public records in possession of the Vendor and shall
promptly provide the City with a copy of the Vendor's response to each such request.
(i). 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.
il
Entered this day of
2019.
Attest: HydraService, Inc., an Alabama
corporation.
By:
Witness Francis Ja e yl
Sole Corporate icer/Owner
Date: q 1 1'�h
Traci Houchin, City Cle
Approved as to form and legal sufficiency.
L. Colbert City Attorney
E
City Of Sanford
TERM CONTRACT
Y16 -1094 -MR
ABS PUMPS, PARTS AND REPAIRS
This contract is made as of the 1't day of August, 2016 by and between Orange County,
a Political Subdivision of the State of Florida, by and through its Board of County
Commissioners, hereinafter referred to as the COUNTY, and Hydra Service, inc., a
corporation authorized to do business in the State of Florida, hereinafter referred to as
the CONTRACTOR, whose Federal I.D. number is 631209755.
GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
This contract, these general and special terms and conditions, and the
specifications/scope of services constitute the complete set of specifications and
requirements. All work shall be performed in accordance With said
specifications/scope of services. The estimated contract amount is
$1,400,000.00 for the initial three (3) year contract term.
2. FEDERAL AND STATE TAX
The COUNTY is exempt from Federal and State Sales and Use Taxes for
tangible personal property (Certificate of Registry for tax transactions under
Chapter 32, Internal Revenue Code and Florida Sales/Use Tax Exemption
Certificate). The CONTRACTOR shall not be exempted from paying sales tax to
their suppliers for materials to fulfill contractual obligations with the COUNTY, nor
shall the CONTRACTOR be authorized to use the COUNTY'S Tax Exemption
Number in securing such materials.
The COUNTY has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions under
Chapter 32, Internal Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 58-12-090729-53C.
3. CONFLICT OF INTEREST
This contract is subject to provisions of applicable State Statutes and County
Ordinances. The CONTRACTOR must disclose the name of any officer, director,
or agent who is also an employee of the COUNTY. Further, the CONTRACTOR
must disclose the name of any COUNTY employee who owns, directly or
indirectly, an interest of ten percent (10%) or more in the CONTRACTORS firm
or any of its branches.
Should the CONTRACTOR permanently or temporarily hire any COUNTY
employee who is, or has been, directly involved with the CONTRACTOR prior to
or during performance of the contract, the contract shall be subject to immediate
termination by the COUNTY.
4. LEGAL REQUIREMENTS
Federal, State, County and local laws, ordinances, rules and regulations that in
any manner affect the items covered herein apply. Lack of knowledge by the
CONTRACTOR shall in no way be a cause for relief from responsibility. The
CONTRACTOR is prohibited from discriminating against any employees,
applicant, or client because of race, religion, color, disability, national origin,
gender, or age with regard to but not limited to the following: employment
practices, rates of pay or other compensation methods, and training selection.
Venue for any litigation involving this contract shall be the Ninth Circuit Court in
and for Orange County, Florida.
5. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as
the basis for contractual obligations between the CONTRACTOR and the
COUNTY for any terms and conditions not specifically stated in this contract.
6. AVAILABILITY OF FUNDS
The obligations of the COUNTY under this contract are subject to the availability
of funds lawfully appropriated for its purpose by the State of Florida and the
Board of County Commissioners.
7. EQUAL OPPORTUNITY
It is hereby declared that equal opportunity and nondiscrimination shall be the
COUNTY'S policy intended to assure equal opportunities to every person,
regardless of race, religion, sex, sexual orientation and gender
expression/identity, color, age, disability or national origin, in securing or holding
employment in a field of work or labor for which the person is qualified, as
provided by Section 17-314 of the Orange County Code and the County
Administrative Regulations.
Further, the CONTRACTOR shall abide by the following provisions:
(a) The CONTRACTOR shall represent that the CONTRACTOR has adopted
and maintains a policy of nondiscrimination as defined by applicable
COUNTY ordinance throughout the term of this contract.
(b) The CONTRACTOR shall allow reasonable access to all business and
employment records for the purpose of ascertaining compliance with the
non-discrimination provision of the contract.
(c) The provisions of the prime contract shall be incorporate by the
CONTRACTOR into the contracts of any applicable subcontractors.
F
8.
9.
10.
COPIES
Copies of documents, records, materials, and/or reproductions upon request will
be charged in accordance with the COUNTY'S fee schedule. Copyrighted
materials may be inspected, but cannot be copied or reproduced per Federal law.
PAYMENT TERMS/DISCOUNTS
The COUNTY'S payment terms are in accordance with Florida Statute 218,
Florida Prompt Payment Act.
PATENTS AND ROYALTIES
Unless otherwise provided, the CONTRACTOR shall be solely responsible for
clearing the right to use any patented or copyrighted materials in the
performance of the contract.
The CONTRACTOR, without exception, shall indemnify and save harmless the
COUNTY and its employees from liability of any nature or kind, including cost
and expenses for or on account of any copyrighted, patented, or unpatented
invention, process, or article manufactured or supplied by the CONTRACTOR.
In the event of any claim against the COUNTY of copyright or patent
infringement, the COUNTY shall promptly provide written notification to the
CONTRACTOR.
If such a claim is made, the CONTRACTOR shall use its best efforts to promptly
purchase for the COUNTY any infringing products or services or procure a
license, at no cost to the COUNTY, which will allow continued use of the service
or product. If none of the alternatives are reasonably available, the COUNTY
agrees to return the article on request to the CONTRACTOR and receive
reimbursement, if any, as may be determined by a court of competent
jurisdiction.
11. INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY
The provisions of Florida Statute 768.28 applicable to the COUNTY apply in full
to this contract. Any legal actions to recover monetary damages in tort for injury
or loss of property, personal injury, or death caused by the negligent or wrongful
act or omission of any employee of the COUNTY acting within the scope of
his/her office or employment are subject to the limitations specified in this statute.
No officer, employee or agent of the COUNTY acting within the scope of his/her
employment or function shall be held personally liable in tort or named as a
defendant in any action for injury or damage suffered as a result of any act, event
or failure to act.
The COUNTY shall not be liable in tort for the acts or omissions of an officer,
employee or agent committed while acting outside the course and scope of
his/her employment. This exclusion includes actions committed in bad faith or
with malicious purpose, or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
To the fullest extent permitted by law, the CONTRACTOR shall defend,
indemnify, and hold harmless the COUNTY, its officials, agents, and employees
from and against any and all claims, suits, judgments, demands, liabilities,
damages, cost and expenses (including attorney's fees) of any kind or nature
whatsoever arising directly or indirectly out of or caused in whole or in part by
any act or omission of the CONTRACTOR or its subcontractors (if any), anyone
directly or indirectly employed by them, or anyone for whose acts any of them
may be liable; excepting those acts or omissions arising out of the sole
negligence of the COUNTY.
12. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
The CONTRACTOR certifies that in connection with this procurement, all prices
have been arrived at independently, without consultation, collusion,
communication, or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any competitor.
13. SUCCESSORS AND ASSIGNS
The COUNTY and the CONTRACTOR each binds itself and its partners,
successors, executors, administrators and assigns to the other party of this
contract and to the partners, successors, executors, administrators and assigns
of such other party, in respect to all covenants of this contract.
Except as above, neither the COUNTY nor the CONTRACTOR shall assign,
sublet, convey or transfer its interest in this contract without the written consent
of the other. Nothing herein shall be construed as creating any personal liability
on the part of any officer or agent of the COUNTY which may be a party hereto,
not shall it be construed as giving any rights or benefits hereunder to anyone
other than the COUNTY and the CONTRACTOR.
14. TOBACCO FREE CAMPUS
Effective January 1, 2010, virtually all Orange County operations under the
Board of County Commissioners will effectively become tobacco free. This
policy shall apply to parking lots, parks, break areas and worksites. It is
also applicable to contractors and their personnel during contract
performance on county -owned property. Tobacco is defined as tobacco
products including, but not limited to, cigars, cigarettes, e -cigarettes,
pipes, chewing tobacco and snuff. Failure to abide by this policy may
result in civil penalties levied under Chapter 386, Florida Statutes and/or
contract enforcement remedies.
15. CONTRACT CLAIMS
"Claim" as used in this provision means a written demand or written assertion by
one of the contracting parties seeking as a matter of right, the payment of a
certain sum of money, the adjustment or interpretation of contract terms, or other
relief arising under or relating to this contract.
Claims made by a CONTRACTOR against the COUNTY relating to a particular
contract shall be submitted to the Purchasing and Contracts Manager in writing
clearly labeled "Contract Claim" requesting a final decision. The CONTRACTOR
or also shall provide with the claim a certification as follows: "I certify that the
claim is made in good faith; that the supporting data are accurate and complete
to the best of my knowledge and belief; that the amount requested accurately
reflects the contract adjustment for which the CONTRACTOR believes the
COUNTY is liable; and that I am duly authorized to certify the claim on behalf of
the CONTRACTOR."
Failure to document a claim in this manner shall render the claim null and
void. Moreover, no claim shall be accepted after final payment of the
contract.
The decision of the Purchasing and Contracts Manager shall be issued in writing
and shall be furnished to the CONTRACTOR. The decision shall state the
reasons for the decision reached. The Purchasing and Contracts Manager shall
render the final decision within sixty (60) days after receipt of CONTRACTOR'S
written request for a final decision. The Purchasing and Contracts Manager's
decision shall be final and conclusive.
The CONTRACTOR shall proceed diligently with performance of this contract
pending final resolution of any request for relief, claim, appeal or action arising
under the contract and shall comply with any final decision rendered by the
Manager of Purchasing and Contracts.
16. LAWS AND REGULATIONS
The CONTRACTOR is directed to the fact that all applicable Federal and State
laws, municipal and COUNTY ordinances, and the rules and regulation of all
authorities having jurisdiction shall apply to this contract.
5
SPECIAL TERMS AND CONDITIONS
1. LICENSES AND PERMITS
Prior to furnishing the requested product(s) or service(s), it shall be the
responsibility of the CONTRACTOR to obtain, at no additional cost to the
COUNTY, any and all licenses and permits required to complete this contractual
service. These licenses and permits shall be readily available for review by the
Manager, Purchasing and Contracts Division or his/her designee.
2. F.O.B. POINT
The F.O.B. shall be Destination in Orange County. The prices quoted for each
purchase shall include all costs of packaging, transporting, delivery and
unloading to the stated point within Orange County. The COUNTY reserves the
option to deliver to and pickup from the CONTRACTOR pumps, parts and
repaired pumps or items.
3. DELIVERY
Delivery time is of the essence in this contract. Delivery shall be no later than the
delivery times as stated below. Failure of the CONTRACTOR to meet this
delivery requirement may result in default. It is hereby understood and mutually
agreed to by and between the parties hereto that the time of delivery is an
essential condition of this contract.
Pumps that are in stock locally, 1 day delivery.
Pumps that are not in stock locally, but within the United States, 10 day delivery.
Pumps that are not in stock within the United States, under 88hp 7 weeks.
Over 88hp 14 weeks, normal factory delivery.
4. PICKUP OF PUMPS FOR REPAIR
When requested by the COUNTY, pumps in need of repair shall be picked up
within two (2) business days from notification from the following locations:
701 W. McCormick Rd., Apopka, FL
8100 Presidents Dr., Orlando, FL
1621 S. Alafaya Tr., Orlando, FL
The CONTRACTOR shall submit to the COUNTY an itemized estimate of the
repair costs within three (3) business days of pump pickup to include an
estimated delivery date of the repaired pump.
5. TERMINATION
A. Termination for Default:
The COUNTY, by written notice to the CONTRACTOR, may terminate this
contract for default in whole or in part (delivery orders, if applicable) if the
CONTRACTOR fails to:
6
1. provide products or services that comply with the specifications
herein or fails to meet the COUNTY'S performance standards.
2. deliver the supplies or to perform the services within the time
specified in this contract or any extension.
3. make progress so as to endanger performance of this contract.
4. perform any of the other provisions of this contract.
Prior to termination for default, the COUNTY will provide adequate written notice
to the CONTRACTOR through the Manager, Purchasing and Contracts, affording
him/her the opportunity to cure the deficiencies or to submit a specific pian to
resolve the deficiencies within ten (10) days (or the period specified in the notice)
after receipt of the notice. Failure to adequately cure the deficiency shall result in
termination action. Such termination may also result in suspension or debarment
of the CONTRACTOR in accordance with the COUNTY'S Procurement
Ordinance. The CONTRACTOR and its sureties (if any) shall be liable for any
damage to the COUNTY resulting from the CONTRACTOR'S default of the
contract. This liability includes any increased costs incurred by the COUNTY in
completing contract performance.
In the event of termination by the COUNTY for any cause, the CONTRACTOR
will have, in no event, any claim against the COUNTY for lost profits or
compensation for lost opportunities. After a receipt of a Termination Notice and
except as otherwise directed by the COUNTY the vendor shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the
performance of the terminated work
C. Transfer all work in process, completed work, and other materials
related to the terminated work as directed by the County.
D. Continue and complete all parts of that work that have not been
terminated.
If the CONTRACTOR'S failure to perform the contract arises from causes beyond
the control and without the fault or negligence of the CONTRACTOR, the
contract shall not be terminated for default. Examples of such causes include (1)
acts of God or the public enemy, (2) acts of a government in its sovereign
capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe
weather.
7
S.
7.
8.
B. Termination for Convenience:
The COUNTY, by written notice, may terminate this contract, in whole or in part,
when it is in the COUNTY'S interest. If this contract is terminated, the COUNTY
shall be liable only for goods or services delivered and accepted. The COUNTY'S
Notice of Termination may provide the contractor thirty (30) days prior notice
before it becomes effective.
However, at the COUNTY'S sole option, a termination for convenience may be
effective immediately and may apply to delivery orders (if applicable) or to the
contract in whole.
AS SPECIFIED
All product delivered must meet the specifications herein. Product delivered not
as specified will be returned at no expense by the COUNTY. The COUNTY may
return, for full credit any unused product received which fail to meet the
COUNTY'S performance standards. Replacement product meeting
specifications must be submitted within a reasonable time after rejection of the
non -conforming product.
COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
CONTRACTOR certified that all material, equipment, etc., contained in this
contract meets all OSHA requirements. CONTRACTOR further certifies that, if
the material, equipment, etc., delivered is subsequently found to be deficient in
any OSHA requirements in effect on date of delivery, all costs necessary to bring
the material, equipment, etc., into compliance with the aforementioned
requirements shall be bome by the CONTRACTOR.
SAFETY REGULATIONS
Equipment must meet all State and Federal safety regulations for grounding of
electrical equipment.
9. PAYMENT
Partial payments in the full amount for the value of items received and accepted
may be requested by the submission of a properly executed invoice, with
supporting documents id required. Payment shall be made in accordance with
Florida Statute 218, Florida Prompt Payment Act. Payment for accepted
equipment/supplies/services will be accomplished by submission of an invoice, in
duplicate, to:
Orange County Utilities
Field Services Division
8100 Presidents Drive.
Orlando, FL 32809
Phone: (407) 836-6829
10.
11.
12.
EQUIPMENT/SERVICE
A. The scope of these specifications is to insure the delivery of a complete
unit ready for operation. Omission of any essential detail from these
specifications does not relieve the CONTRACTOR from furnishing a
complete unit.
B. All equipment must be new, or current manufacturer in production and
carry standard warranties. The CONTRACTOR must service all
equipment prior to delivery.
C. The CONTRACTOR must be an authorized dealer, distributor, and/or
representative of the manufacturer for the brand/model being bid. Dealer,
distributor, and/or representative means a firm or person that owns,
operates, or maintains a store, warehouse, or other establishment in
which materials, supplies, parts, articles, or equipment of the general
character described in the specifications are bought, kept in stock and
sold commercially or to the general public in the usual course of business.
D. The CONTRACTOR must maintain a normal supply of repair parts and be
equipped with personnel and facilities to provide such service as
necessary to keep the equipment in operation with a minimum of delay.
Failure to meet and maintain these requirements, in the COUNTY'S sole
opinion, may be cause for contract termination.
WARRANTY
The CONTRACTOR shall fully warrant all new equipment furnished hereunder
against defect in materials and/or workmanship for a period of five (5) years or
10,000 hours after delivery and acceptance by the COUNTY. Should any defect
in materials or workmanship, except ordinary wear and tear, appear during the
above stated warranty period, the CONTRACTOR shall repair or replace same at
no cost to the COUNTY, immediately upon written notice from the COUNTY'S
authorized representative.
The CONTRACTOR shall fully warrant all parts for a period of one (1) year from
delivery and acceptance in accordance with the manufacturer's warranty.
The CONTRACTOR shall fully warrant all repairs against defect in materials
and/or workmanship for a period of one (1) year from delivery and acceptance.
All warranty provisions of the Uniform Commercial Code shall additionally apply.
MANUALS
The following manual shall be delivered with each piece of new equipment and
be available on CD and/or online. The cost of the manual shall be included in the
unit price.
Operation and Maintenance Manual 1 copy
13. INSURANCE REQUIREMENTS
CONTRACTOR agrees to maintain on a primary basis and at its sole expense,
at all times throughout the duration of this contract the following types of
insurance coverage with limits and on forms (including endorsements) as
described herein. These requirements, as well as the COUNTY'S review or
acceptance of insurance maintained by CONTRACTOR is not intended to and
shall not in any manner limit or qualify the liabilities or obligations assumed by
CONTRACTOR under this contract.
The CONTRACTOR shall require and ensure that each of its sub -contractors
providing services hereunder (if any) procures and maintains until the
completion of their respective services, insurance of the types and to the limits
specified herein.
Insurance carriers providing coverage required herein must be licensed to
conduct business in the State of Florida and must possess a current A.M.
Best's Financial Strength Rating of A- Class Vill or better.
(Note: State licenses can be checked via www.floir.comlcompanysearch/
and A.M. Best Ratings are available at www.ambest.com)
Required Coverage:
1. Workers' Compensation - The CONTRACTOR shall maintain coverage for
its employees with statutory workers' compensation limits, and no less than
$100,000 each incident of bodily injury or disease for Employers' Liability.
Said coverage shall include a waiver of subrogation in favor of the
COUNTY. Elective exemptions as defined in Florida Statute 440 will
be considered on a case-by-case basis. Any CONTRACTOR using an
employee leasing company shall complete the Leased Employee
Affidavit (Exhibit A).
2. Commercial General Liability - The CONTRACTOR shall maintain
coverage issued on the most recent version of the ISO form as filed for
use in Florida or its equivalent, with a limit of liability of not less than
$500,000 per occurrence. CONTRACTOR further agrees coverage shall
not contain any endorsement(s) excluding or limiting Product/Completed
Operations, Contractual Liability, or Separation of Insureds. The General
Aggregate limit shall either apply separately to this contract or shall be at
least twice the required occurrence limit.
3. Business Automobile Liability - The CONTRACTOR shall maintain
coverage for all owned; non -owned and hired vehicles issued on the most
recent version of the ISO form as filed for use in Florida or its
equivalent, with limits of not less than $500,000 per accident. In the event
the CONTRACTOR does not own automobiles the CONTRACTOR shall
maintain coverage for hired and non -owned auto liability, which may be
satisfied by way of endorsement to the Commercial General Liability policy
or separate Business Auto Liability policy.
10
By entering into this contract CONTRACTOR agrees to provide a waiver of
subrogation or waiver of transfer of rights of recovery, in favor of the
COUNTY for the workers' compensation and general liability policies as
required herein. When required by the insurer or should a policy
condition not permit the CONTRACTOR to enter into a pre -loss agreement
to waive subrogation without an endorsement, then CONTRACTOR agrees
to notify the insurer and request the policy be endorsed with a Waiver of
Subrogation or a Waiver of Transfer of Rights of Recovery Against Others
endorsement.
CONTRACTOR agrees to endorse the COUNTY as an Additional insured
with a CG 20 26 Additional insured — Designated Person or Organization
endorsement, or its equivalent to all commercial general liability policies.
The additional insured shall be listed in the name of Orange County Board
of County Commissioners.
Any request for an exception to these insurance requirements must be
submitted in writing to the COUNTY for approval.
Prior to execution and commencement of any operations/services provided
under this contract the CONTRACTOR shall provide the COUNTY with current
certificates of insurance evidencing all required coverage. in addition to the
certificates) of insurance the CONTRACTOR shall also provide a blanket
(Exhibit B) or specific (Exhibit C) Additional Insured Endorsement and all
Waiver of Subrogation (Exhibit D) or Waiver of Transfer of Rights of
Recovery (Exhibit E) endorsements for each policy as required above. For
continuing service contracts renewal certificates shall be submitted upon
request by either the COUNTY or its certificate management representative.
The certificates shall clearly indicate that the CONTRACTOR has obtained
insurance of the type, amount and classification as required for strict
compliance with this insurance section. No material change or cancellation of
the insurance shall be effective without thirty (30) days prior written notice to the
COUNTY. Certificates shall specifically reference the respective contract
number. The certificate holder shall read:
Orange County Board of County Commissioners
Purchasing & Contracts Division
400 E. South Street
Orlando, Florida 32801
14. CONTRACT TERMIRENEWAL
A. This contract shall commence effective upon issuance of a term contract
by the COUNTY and extend for a period of three (3) years. The contract
may be renewed for two (2) additional one (1) year periods, upon mutual
agreement of both parties. if any such renewal results in changes in the
terms or conditions, such changes shall be reduced to writing as an
amendment to this contract and such amendment shall be executed by
both parties. Renewal of the contract shall be subject to appropriation of
funds by the Board of County Commissioners.
11
B. The initiating COUNTY department(s) shall issue delivery (purchase)
orders against the term contract on an "as needed" basis.
C. Any order issued during the effective period of this contract, but not
completed within that period, shall be completed by the CONTRACTOR
within the time specked in the order. The contract shall govern the
CONTRACTOR'S and the COUNTY'S rights and obligations with respect
to that order to the extent as if the order were completed during the
contract's performance period.
15. PRICINGIINVOICING
The CONTRACTOR shall have a published price list for all available pumps and
parts. The CONTRACTOR shall list a percentage discount off of the published
price list for pump and parts purchases on the price proposal page of this
contract. The COUNTY requires a firm percentage discount for all pumps and
parts for the entire contract period. Pricing is not required until a specific pump
or part is ordered. Price lists may be updated annually. Price lists for pumps and
parts shall be provided to the COUNTY on CD.
Pricing on invoices shall be accomplished by listing the pump or part and the list
price of that pump or part, the discount percentage and dollar amount of the
discount and the net price to be paid for the pump and/or parts being invoiced.
16. PRICING/AUDIT
The CONTRACTOR shalt maintain adequate records to justify all prices for all
items invoiced as well as all charges, expenses and costs incurred in performing
the work for at least three (3) years after completion of this contract. The
COUNTY shall have access to such books, records, subcontract, financial
operations, and documents of the CONTRACTOR or its subcontractors as
required to comply with this section for the purpose of inspection or audit during
normal business hours at the CONTRACTOR'S place of business.
17. PRICE ADJUSTMENT
Written request for price adjustments for labor only, may be made every twelve
(12) months, no less than 30 days prior to the requested effective date. Any
increased price adjustment(s) must be accompanied by written justification
attesting that the request is a bonafide cost increase to the vendor. The base
period for any requested adjustment shall be the beginning of the initial contract
term. All requests for price adjustment(s) shall be supported by Consumer Price
Index and/or Producer Price index documentation supporting the requested
increase. The maximum allowable increase will not exceed 4%. All price
adjustments must be accepted by the Manager, Procurement Division and shall
be accomplished by written amendment to this contract.
12
18. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES
At the option of the CONTRACTOR, the use of this contract may be extended to
other governmental agencies, including the State of Florida, its agencies, political
subdivisions, counties, and cities.
Each governmental agency allowed by the CONTRACTOR to use this contract
shall do so independent of any other governmental entity. Each agency shall be
responsible for its own purchases and shall be liable only for goods or services
ordered, received and accepted. No agency receives any liability by virtue of this
bid and subsequent contract award.
19. SALVAGEABLE PARTS
When a pump is determined to be beyond reasonable repair, the COUNTY
reserves the right to request that any and all salvageable parts from the broken
pump be returned to the COUNTY.
20. REQUIREMENTS CONTRACT
This is a Requirements Contract and the COUNTY shall order from the
CONTRACTOR all of the supplies and/or services specified in the contract's
price schedule that are required to be purchased by the COUNTY. If the
COUNTY urgently requires delivery of goods or services before the earliest date
that delivery may be required under this contract, and if the CONTRACTOR will
not accept an order providing for accelerated delivery, the COUNTY may acquire
the goods or services from another source.
Except as this contract may otherwise provide, if the COUNTY'S requirements do
not result in orders in the quantities described as "estimated" in the contract's
price schedule, that fact shall not constitute the basis for an equitable
adjustment.
13
SPECIFICATIONS/SCOPE OF SERVICES
COMPLIANCE WITH SPECIFICATIONS
The CONTRACTOR shall strictly adhere to the Orange County Utilities Standards and
Construction Specifications Manual, latest edition. This manual may be found on-line at
the following internet address:
http:llwww.orangecountyfl.net/Plannin,gDevelopment/`UtilitiesPlanningandConstructio
n.asyx
PUMPS
The CONTRACTOR shall provide ABS pumps of the size and configuration as required
and ordered by the COUNTY.
PARTS
The CONTRACTOR shall keep an ample inventory of high use parts to ensure parts
availability. The CONTRACTOR shall provide a parts list on CID with pricing and the
percentage discount off of the list price for all parts.
REPAIRS
The CONTRACTOR shall provide repairs to ABS pumps at the CONTRACTOR'S repair
facility. Repairs shall be made using original equipment manufacturer parts and shall
be accomplished by factory trained technicians.
14
PRICE PROPOSAL FORM
The CONTRACTOR shall provide the COUNTY ABS pumps, parts, and repairs
including all labor and other resources necessary to provide the equipment and/or
services as set forth in the specifications/scope of services contained herein for the
percentage discount from manufacturers published list price and prices stated on this
price proposal form.
item# Description Unit Price/O/o Discount
i.: Pumps as specified: 10 %
2. Parts 10 %
3. Hourly labor rate for repairs 175.00 ger hour
4. Environmental Fee
1 to 10 HP $20.00 each
11 to 50 HP $40.00 each
Greater than 50 HP $60.00 each
5. Lubricants and Materials
1 to 10 HP $20.00 each
11 to 50 HP $30.00 each
Greater than 50 HP $45.00 each
6. Flange Drilling $-O-each
15
IN WITNESS WHEREOF, the Board of County Commissioners of Orange County,
Florida has made and executed this contract on behalf of the COUNTY and
CONTRACTOR has hereunto set its hand the day and year above written.
CONTRACTOR:
Hydra Service (S) Inc.
Company Name
ORANGE COUNTY, FLORIDA
By.
Came o4ojdne 11, MPA, CPPD, �C F C �M, C �PM.
Manager, Procurement Division
tu-
Signature Date
Paul Robinson
Typed Name
General Manager
Title
7/19/2016
Date
it.
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name: Hydra Service (S) Inc.
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TIN#: 63-1209755 D -U -N -SO # 02-862-4070
250 Springview Commerce Drive Debary
(Street No. or P.O. Box Number) (Street Name) (City)
Volusia Florida 32713
(County) (State) (Zip Code)
Contact Person:
Phone Number:
Email Address:
Keaton Heller
Fax Number:
407-625-1388
lcheller( ,hydraservice.net
EMERGENCY CONTACT
407-330-3404
Emergency Contact Person: ;-;r;;C,
'T3 rn Fs+.P,t�
110'7-330-345b 4o-7-fir;.-of7
Telephone Number: fr SS Cell Phone Number:404-625--tMM
V06 -3a13 -17.E 1 TI
Residence Telephone Number: .4QW-4+6---6365 Email. -Kfie#er a,hydraservice.net
ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by
completing the blocks below or by completion of the applicable information on the
addendum and returning it not later than the date and time for receipt of the bid. Failure
to acknowledge an addendum that has a material impact on this solicitation may
negatively impact the responsiveness of your bid. Material impacts include but are not
limited to changes to specifications, scope of work/services, delivery time, performance
period, quantities, bonds, letters of credit, insurance, or qualifications.
Page 17 of 2
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids,
negotiate and/or sign contracts and related documents to which the bidder will be duly
bound. Principal is defined as an employee, officer or other technical or professional in
a position capable of substantially influencing the development or outcome of an activity
required to perform the covered transaction.
Name Title Telephone Number/Email
Paul Robinson General Manager 407-416-6305 ' probinson,'a1hydraseryice. net
Keaton Heiler Districtales Manager 407-625-1388 / kheller,iP-hydraservice.net
(Signature)
General Manager
(Title)
l lvdra Service (S) Inc.
(Name of Business)
7;1 9%2016
(Date)
The Bidder shall complete and submit the following information with the bid:
Type of Organization
Sole Proprietorship Partnership Non -Profit
Joint Venture x Corporation
State of Incorporation: Alabama
Principal Place of Business (Florida Statute Chapter 607): Warrior/Blount/ Alabama
City/County/State
CORPORATIONS.
Federal I.D. number is 63-1209755
Page 1B of 2
DRUG-FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies
that Hydra Service (S) Inc. does:
!Name of Business
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, employee assistance programs and the penalties that
may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specked in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Florida Statute 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5)
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with
above requirements.
Bidder's Signature
7/19/2016
Date
R�
d'
a
w
Y
O
Z
CD
IL
ma�aa
E
U.-O�a
i ►. V O U
CL c a
-�°a
i
'I
} L c
Gam,•
a
�
�
w
a w
a
GL 0
E
I
4
1 4
f
{
i
I
�
a�
CD� "' j E
UU =>
0
s
0.
4
i
I Z
i
CONFLICT/NON-CONFLICT OF INTEREST STATEMENT
CHECK ONE
[X] To the best of our knowledge, the undersigned bidder has no potential conflict
of interest due to any other clients, contracts, or property interest for this
project.
KA
[ ] The undersigned bidder, by attachment to this form, submits information
which may be a potential conflict of interest due to other clients, contracts, or
property interest for this project.
LITIGATION STATEMENT
CHECK ONE
[x] The undersigned bidder has had no litigation and/or judgments entered
against it by any local, state or federal entity and has had no litigation and/or
judgments entered against such entities during the past ten (10) years.
[ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation and/or judgments
entered by or against any local, state or federal entity, by any state or federal
court, during the past ten (10) years.
Hydra Service (S) Inc.
----COMPANY NAME
AUTHORIZED SIGNATURE
Paul Robinson
NAME (PRINT OR TYPE)
General Manager
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid.
Likewise, failure to provide documentation of a possible conflict of interest, or a
summary of past litigation and/or judgments, may result in disqualification of your bid.
E VERIFICATION CERTIFICATION
Contract No.Y16-1094-MR
I hereby certify that I will utilize the U.S. Department of Homeland Security's E Verify
system in accordance with the terms governing the use of the system to confirm the
employment eligibility of the individuals classified below. In accordance with s. 837.06,
Florida Statutes, I understand and acknowledge that whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his
or her official duties shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida statutes.
All persons, including subcontractors and their workforce, who will perform work under
Contract No. Y16-1094MR, ABS Pumps, Parts and Repairs, within the state of
Florida.
NAME OF CONTRACTOR: Hydra Service (S) Inc
ADDRESS OF CONTRACTOR: 250 Snrinsview Commerce Drive
Debary, Florida, 32713
AUTHORIZED SIGNATURE:
TITLE: General Manager
DATE: 7/19/2016
AMENDMENT NUMBER I
CONTRACT Y16-1094, ABS PUMPS, PARTS AND REPAIRS
Effective date: August 1, 2019
I . The referenced contract is hereby renewed as follows,
From: August 1, 2019 through July 31, 2020.
2. All other specifications, terms and conditions, and prices remain
unchanged.
Hydra Service (S), Inc. Orange County Board of County
C missioners Orange County FL
-'7
Yig—nature Signature
&I
Melisa Vergara, CPPB
Printed/Typed Name
:D) S Senior Purchasing Agent
Title
15—ate f Date