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HomeMy WebLinkAboutItem 07 Approval of One Year Optional Renewal Term with Apple Air for the Citywide AC and Heating Maintenance Term Contract City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: December 2, 2025 Item #: 7 Contact Name: Shannon Hopper, Joyce Tolbert Department Director: Steven Weber Contact Number: Ext. 1524, Ext. 1516 City Manager: Craig Shadrix Subject: Approval of One (1) Year Optional Renewal Term with Apple Air for the Citywide A/C and Heating Maintenance Term Contract. (Procurement Manager Tolbert) Background Summary: On December 15, 2020, the City entered into a three (3) year term contract, with two (2) automatic renewal terms with Apple Air Conditioning & Heating, Inc. under the city's formal solicitation RFP 21-002 Citywide Air Conditioning & Heating Maintenance. The current term of the contract expires on December 15, 2025. However, the contract allows the City the option of extending the term of the contract an additional one (1) year. Exercising the one (1) year optional renewal term of the current contract would allow time for staff to determine any other possible service locations (including city hall) that should be included in the new solicitation; and for Purchasing to prepare updated solicitation and contract documents, conduct the solicitation process, and award and finalize a new contract. It is anticipated that the new solicitation for Citywide Air Conditioning & Heating Maintenance will be advertised in mid 2026. Issue: Should the Honorable Mayor and City Commissioners approve the one (1) year optional renewal of the city's term contract with Apple Air for citywide Air Conditioning and Heating Maintenance? Recommendations: Staff recommends the Honorable Mayor and City Commissioners to: 1.) Approve the one (1) year optional renewal term of the city's term contract with Apple Air for citywide Air Conditioning and Heating Maintenance, 2.) Authorize the Mayor, city Clerk and staff to execute any renewal acknowledgment documents, and 3.) Authorize the City Manager to approve change order to this contract up to the limit of his purchasing authority for each change order and up to the budgeted amount for this project for all change orders. Attachments: 1. Contract Financial Impacts: As budgeted each fiscal year under Maintenance Operations GL 001-519-00-3400. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: Consent AGREEMENT FOR RFP #21-002 AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT THIS AGREEMENT FOR AIR CONDITIONING AND HEATING MAINTENANCE TERM CONTRACT (this "Agreement") is made this /,5' day of (member , 20eU , by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City") and APPLE AIR CONDITIONING & HEATING, INC., a Florida corporation, whose mailing address is 19240 N. HWY 27, Clermont, FL 34715; PO Box 246, Ocoee, FL 34761 (hereinafter referred to as the Contractor"). WITNESSETH: WHEREAS, the City desires to enter into an Agreement with the Contractor to perform the work set forth in that certain Request for Proposals RFP #21-002 (the "Work"), and any amendments thereto being attached hereto as Exhibit"A"; and WHEREAS, the Contractor is capable of performing the Work and agrees to perform the Work pursuant to the terms of this Agreement, and for the amounts specified in the Contractor's Proposal, the Contractor's Proposal and any amendments thereto being attached hereto as Exhibit`B". NOW THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Scope of Agreement. The terms and conditions of Exhibit "A attached hereto as well as the terms and conditions of Exhibit "B" attached hereto are incorporated by reference herein as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment, labor, supervision, and consumables to complete the Work. Section 2. Term of Agreement. This Agreement shall consist of one (1) initial three (3) year term beginning on December 16, 2020 (the "Effective Date"), with two (2) separate automatic one-year extensions, for a total of five (5) years, unless terminated by the City upon the issuance of written notice by the City to the Contractor provided not later than thirty (30) days prior to the expiration of any renewal year term. The City shall have the option of extending the term an additional one (1) year. Each term is renewable with the condition that the City's obligation to pay under this Agreement for each year is contingent upon the City in its good faith judgment having sufficient funds to make an annual appropriation for the work to be provided under this agreement. Section 3. Compensation. Contractor agrees to provide the services and materials as specified in Exhibit "A" for the amount specified in Exhibit`B". 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, will remain firm for the first year of this Agreement. Price adjustments will be allowed pursuant to the Price Adjustment provision of this Agreement. Section 4. Payment. All invoices received by the City are payable within (30) days from receipt, provided they have first been approved by the City, and the City has accepted the Work for which payment is sought. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor. All invoices shall be in duplicate and directed to: City of Ocoee, Accounts Payable, 150 North Lakeshore Drive, Ocoee, Florida 34761-2258. All invoices must be clearly marked: City Agreement RFP 21-002 Air Conditioning & Heating Maintenance Term Contract. Section 5. General Conditions. A. Patents and Copyrights. The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. B. Termination for Default. 1) The performance of Work under this Agreement may be terminated by the City, in whole or in part, in writing, whenever the City shall determine that the Contractor has failed to meet the performance requirements of this Agreement. 2) The City has a right to terminate for default if the Contractor fails to perform the Work, or if the Contractor fails to perform the Work within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement. 3) Failure of a Contractor to perform the required Work within the time specified, or within a reasonable time as determined by the City or failure to redo the Work when so requested, immediately or as directed by the City, shall constitute authority for the City to hire another contractor to perform the Work. In all such cases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of the Agreement prices. 4) Should public necessity demand it, the City reserves the right to utilize services which are substandard in quality, subject to an adjustment in price to be determined by the City. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the City that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. 5) Termination for Convenience. The City may terminate this Agreement at its convenience with thirty (30) days 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. C. 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. 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 redo such portions of the Work to correct such fault, defect or error, at no additional cost to the City or refund to the City the charge paid by the City which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for obtaining another Contractor to redo the Work. ALL MATERIALS PROVIDED BY THE CONTRACTOR, SHALL BE MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED. THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PERFORMED UNDER THIS AGREEMENT. D. Time of Completion. The parties understand and agree that time is of the essence in the performance of this Agreement. The Contractor agrees that all Work shall be performed regularly, diligently, and uninterrupted within the time specified. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay 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 may at its discretion, cancel this Agreement for the convenience of the City. E. Indemnification. To the fullest extent provided by law, Contractor shall indemnify, defend and hold harmless the City and all of its officers, agents and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor, its agents, employees, or subcontractors during the performance of the Agreement. The City shall use its best efforts to promptly notify the Contractor in writing of any Claims and shall provide the Contractor with information regarding the Claims as the Contractor may reasonably request, but the failure to give such notice or provide such information shall not diminish the obligations of the Contractor under this Section. No Claims whatsoever shall be made or asserted against the City by the Contractor for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. F. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to this Agreement whether observed before or after substantial completion of the Work. The Contractor shall bear all costs of correcting such rejected Work. In the event that Contractor fails to timely mow or otherwise maintain a portion of the work, then the City, at its sole discretion and without waiving any other rights or remedies under this Agreement, may deduct from any amounts due under this Agreement, the actual cost paid by the City to a third party to perform the work. If the City performs such work with its own personnel then the City may deduct from any amounts due under this Agreement such amount equal to what the Contractor would have charged for doing the work, plus 15% of such amount. G. 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. H. 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. I. 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 workers and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. J. 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. K. Price Adjustments. Pricing is firm for first year term of this agreement. The contract labor rates may increase up to 3% upon renewal of the contract each year. All other provisions of the contract shall remain constant for the life of the contract. For the renewal terms of this Agreement, if the Contractor proposes to make a price adjustment, the Contractor shall first give the City written notice thereof, with explanations stated for the price adjustment, and such notice shall be given at least one hundred-twenty (120) calendar days prior to the one (1) year renewal term for which the price adjustment is sought. Nothing contained herein shall affect the City's right to terminate this Agreement for Convenience as provided herein. L. Familiarity with The Work. The Contractor by executing this Agreement, acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof It is understood that the execution of this Agreement by the Contractor serves as the Contractor's stated commitment to fulfill all the conditions referred to in this Agreement. id Section 6. Miscellaneous Provisions. A. The Contractor shall not employ subcontractors without the advance written permission of the City. B. No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 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 City. 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 its operations, and promptly remove any such materials to an approved disposal location. G. 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. H. This Agreement is considered a non-exclusive Agreement between the parties. I.This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. J.Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contractor and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. K. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. L. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted proposals 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 it is authorized to enter into this Agreement and to execute same on behalf of the Contractor as the act of the said Contractor. M. This Agreement, including Exhibit"A" and Exhibit "B", 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. SCRUTINIZED COMPANIES: The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the f Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. O. To the degree records are not exempt or confidential under Florida's Public Records law, Contractor agrees to comply with Chapter 119, Florida Statutes, and particularly Section 119.0701, Florida Statutes, relating to a contractor's obligation with regard to public records. P. PUBLIC RECORDS COMPLIANCE The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE k. 3 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. Remainder of page intentionally left blank. Signature page to follow.) gkg ghg dyyy I F rkG fi IN WITNESS WHEREOF, Contractor and the City have caused this Agreement for Air Conditioning and Heating Maintenance Term Contract to be executed by their duly authorized officers as of the day and year first above written. CONTRAC •: is Condkkom 9 Clltn In C . BY:joK# PRINT N TITLE:RI.( S\Cit9A,k— WITNESSES: NA NAME: TITLE: V t ek- kSV dtti k-- TITLE: Se cue M V ket. c OWNER: CITY OF OCOEE, FLORIDA ATTE : APPROVED: BY: BY: t__ . Melanie Sibitt, City Clerk Rusty Johns. , i •r SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on DM. /5 ,2020, under Agenda Item 'f . this/5day of I).)-C, • 2020 SHUFFIELD, LOWMAN &WILSON, P.A. BY: Scott A o , ity Attorney END OF SECTION P 07/14/2020 Lassiter-Ware Insurance of Maitland 2701 Maitland Center Parkway Suite 125 Maitland FL 32751 Susan Foerke (800) 845-8437 (888) 883-8680 susanf@lassiterware.com Apple Air Conditioning and Heating, Inc. P. O. Box 246 Ocoee FL 34761 Southern Owners Insurance Co.10190 Auto Owners Insurance Company 18988 National Union Fire Insurance Company of Pittsburgh, PA.19445 Builders Mutual Ins Co 10844 20/21 Master A Y Y 72278999 07/22/2020 07/22/2021 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 Employee Benefits 1,000,000 B Y 46-582043-01 07/22/2020 07/22/2021 1,000,000 PIP-Basic 10,000 C EBU013188003 07/22/2020 07/22/2021 5,000,000 D N Y WCP1053752-02 07/22/2020 07/22/2021 1,000,000 1,000,000 1,000,000 A Installation Floater 72278999 07/22/2020 07/22/2021 Policy Limit $200,000 Deductible $ 1,000 Project: RFP #21-002 Term Contract The certificate holder is included as an additional insured under the terms and conditions of the attached forms and the General Liability Policy, when additional insured status is required by written contract. A Blanket Waiver of Subrogation is included as part of the General Liability, Automobile Liability and Workers Compensation Policies and applies when required by written contract, provided the contract is executed prior to any loss. City of Ocoee 150 N Lakeshore Drive Ocoee FL 34761 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84)Copyright 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. ANY PERSON OR ORGANIZATION THAT IS REQUIRED BY WRITTEN CONTRACT I �PLE Air Conditioning & Heating, Inc. I-We take a slice out of your energy costs! VEHICLES Vehicle Description VIN 08 FORD F150 1FTPW14V48FA71588 2007 CHEVY SILVERADO 1GCEC14X37Z190103 2008 GMC SIERRA 1GTEC14C58Z225626 2009 GMC SIERRA 1GTEC14C19Z900809 2011 CHEVY SILV T29 1GCNCPEX6BZ250479 2012 CHEVY 1500 1GCNCPEX7CZ301649 2012 FORD E250 1FTNE2EW7CDA69491 2012 FORD F150 1FTFW1EF8CFA27458 2013 FORD E250 1FTNE2EWXDDA35837 2013 FORD F250 1FT7W2BT8DEA96274 2014 FORD E250 1FTNE2EWXEDA02449 2014 FORD E250 1FTNEZEWOEDA11435 2014 FORD FlSO 1FTMF1CM1EKE25968 2014 FORD FlSO 1FTMF1CM4EKG52071 2014 ford flSO 1FTMF1CM2EKG52070 2014 FORD FlSO T13 1FTPF1CT8EKE02398 2015 Toyota Prius JTDKN3DU3F1931622 2016 CHEV SILVERADO 1GCNCNEH2GZ187630 2016 CHEVY SILVERADO 1GCNCNEH9GZ182926 2016 NISSAN NV 1N6BFOKY3GN806368 2016 NISSAN NV 1N6BFOKY1GN810290 2017 FORD FlSO 1FTMF1C82HKD23246 2018 FORD FlSO 1FTMF1CB6JKF68519 2018 NISSAN NV 1N6BFOKY1JN805565 2019 FORD F150 1FTMF1CBSKKC28182 2019 NISSAN NV 1N6BFOKYXKN805209 19 FORD F250 T104 1FT7W2BT1KEE51296 19 NISSAN NV T51 1N6BFOKY4KN802502 2020 Nissan NV 1N6BFOKYOLN80303 2019 Hyundai Genesis KMTFN4JE3KU320097 I -- ,� ._.�\\lllTIONt,t,c ¥"'-�"' -i< � 23 � ""' � ,;1 2020 "'���§ -t)-"&,#routt,-lt.� 08 FORD F150 2007 CHEVY SILVERAD 2008 GMC SIERRA 2009 GMC SIERRA 2011 CHEVY SILV T29 2012 CHEVY 1500 2012 FORD E250 2012 FORD F150 2013 FORD E250 2013 FORD F250 2014 FORD E250 2014 FORD E250 2014 FORD FlSO 2014 FORD FlSO 2014 FlSO 2014 FORD FlSO T13 2015 Toyota Prius 2016 CHEV SILVERADO 2016 CHEVY SILVERAD 2016 NISSAN NV 2016 NISSAN NV 2017 FORD FlSO 2018 FORD FlSO 2018 NISSAN NV 2019 FORD F150 2019 NISSAN NV 2500 19 FORD F250 T104 19 NISSAN NV TSl 2020 Nissan NV 2500 2019 Hyundai Genesis ---- -26 Apple Owned 21 Apple Owned 27 Apple Owned 28 -1-Apple Owned 29 Apple Owned 34 Apple Owned 32 Apple Owned 66 Apple Owned 35 Apple Owned 103 Apple Owned 36 Apple Owned 37 Apple Owned 38 Apple Owned 40 Apple Owned 42 Apple Owned 13 Apple Owned Apple Owned 44 Leaseplan Lease 45 Leaseplan Lease 41 Enterise Lease 43 Enterise Lease 46 Enterise Lease 48 Enterise Lease 47 Enterise Lease 49 Enterise Lease so Enterise Lease 104 Enterise Lease 51 Enterise Lease 52 Enterise Lease 53 Enterise Lease CITY OF OCOEE REQUEST FOR PROPOSALS RFP #2 1-002 AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT RFP 21-002 City -Wide A/C & Heating 2 TABLE OF CONTENTS RFP #21-002 CITY -WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT RFP DOCUMENTS Section Page Legal Advertisement 3 Proposal Instructions 4 - 8 General Terms & Conditions 9 - 23 Summary of Litigation*, p. 19 Acknowledgement of Addenda*, p.19 List of Subcontractors *, p. 19 Equipment Listing*, p. 20 References/Experience*, p. 20 SCOPE OF WORK, PROPOSAL F ORM , AND PROPOSED CONTRACT Section Page Exhibit A – Scope of Work 24 – 26 Exhibit B – Price Proposal Form* 27 Exhibit C – List of Equipment 28 – 30 Company Information and Signature Sheet* 31 Drug-Free Workplace Form* 32 Conflict of In terest Disclosure Form* 33 Exhibit D – Proposed Contract 34 – 39 *Submit with Proposal End Table of Contents RFP 21-002 City -Wide A/C & Heating 3 Request for Proposals, Legal Advertisement The City of Ocoee, Florida (the “City”) is soliciting sealed proposals for RFP #21-002 City- Wide Air Conditioning & Heating Maintenance Term Contract. Proposals will only be accepted electronically through Negometrix, a free e-Procurement platform, until 2:00 pm, local time, on Tuesday, November 10, 2020. Proposals received after that time or through any other method will not be accepted under any circumstances. Proposals that have been timely received will be publicly opened virtually online and the names of the r esponding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public -Bid-Meetings . All questions regarding this RFP should be in writing to Shannon Hopper, Purchasing Technician, Finance Department/Purchasing shopper@ocoee.org. No Pre-proposal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a proposal at no charge through Negometrix by accessing the City’s published solicitation page at https://app.negometrix.com/buyer/747. For more information, please visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Negometrix platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, October 18, 2020. RFP 21-002 City -Wide A/C & Heating 4 CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #21-002 CITY -WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT A. Sealed proposals for RFP #21-002 will be received by the City of Ocoee, hereinafter called “City,” from any person, firm, corporation, or agency, hereinafter called “Respondent, Firm, Bidder, or Proposer,” submitting a proposal for the services being solicited. Each Respondent shall furnish the information required on the proposal form supplied and each accompanying sheet thereof on which an entry is made. Proposals submitted on any other format shall be disqualified. Proposals must be typewritten or handwritten using ink ; do not use pencil. Proposal documents must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All proposals should also include the name and business address of any person, firm, or corporation interested in the proposal, either as a principal, member of the firm, or general partner. If the Respondent is a corporation, the proposal should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. The City utilizes Negometrix, an e-procurement platform. The City is ONLY accepting electronic solicitation responses online through the City’s Negometrix platform at https://app.Negometrix4.com/buyer/748N This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu. All responses for this bid MUST be submitted through the Negometrix platform. RFP submissions received in any other format will not be accepted; no paper, fax, or e-mailed submissions will be accepted. There is no charge to use the Negometrix electronic bid submission platform. Registration with Negometrix is free and is required prior to submitting a bid response. You will be required to register once you click the PARTICIPATE BUTTON in the solicitation file. It is suggested your company register no later than 24 hours in advance of the bid submission deadline to ensure proper registration. Should your company need assistance with registering, please contact the Negometrix Service Desk by calling (724) 888-5294 or by emailing servicedesk.us@Negometrix4.com . Once your company is registered with Negometrix, you will be able to securely submit your company’s proposal any time before the bid deadline, at https://app.Negometrix4.com/buyer/748 by clicking the PARTICIPATE BUTTON under the solicitation. Proposals submitted on Negometrix will remain locked and inaccessible by City staff until the bid deadline. Respondents are encouraged to allow ample time to upload and submit your Response as the system will automatically lock responses upon the bid deadline. A virtual public bid opening will be held on the date and time indicated below. Details on how to access the virtual bid opening will be located on the City’s website once available at https://www.ocoee.org/959/Public -Bid-Meetings . C. Please submit all questions regarding this RFP within the Negometrix platform in the Question & Answer tab or through written inquiry directed to Shannon Hopper, Purchasing Technician, email shopper@ocoee.org. The deadline for receipt of RFP 21-002 City -Wide A/C & Heating 5 questions is November 3, 2020 at 2:00 p.m., local time. Any clarifications/changes will be only through written addenda issued by the Purchasing Technician and posted on Negometrix. Respondents should not contact City staff, with the exception of the Purchasing Technician, or other City consultants for information regarding this RFP before the proposal award date. Any contact with any other member of the City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. D. Respondents shall submit one (1) complete electronic copy, preferably in a single file, of their proposal package on the Negometrix platform. Proposal packages must be received by Negometrix no later than 2:00 p.m. (local time) on November 10, 2020. Any proposal package received after the above-noted time will not be accepted under any circumstances. Any uncertainty regarding the time a proposal package is received will be resolved against the Respondent. It shall be the sole responsibility of the Respondent to have the proposal package uploaded and submitted on the Negometrix e-procurement platform prior to the due date and time. E. PRE-PROPOSAL CONFERENCE: None is scheduled at this time. F. Proposals will be reviewed by an evaluation committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFP will be noticed publicly and on Negometrix. The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm should be awarded the term contract by the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the City as a part of a proposal constitute public records under Florida law. G. All Respondents shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal. H. Submission of a proposal shall constitute an acknowledgment that the Respondent has complied with the instructions of this RFP. The failure or neglect of a Respondent to receive or examine a document shall in no way relieve it from any obligations under its proposal or the contract. No claim for additional compensation will be allowed based upon a lack of knowledge or understanding of any of the c ontract documents or the scope of services. Proposals shall be in compliance with the contract documents and scope of services. All costs to prepare and submit proposals shall be the responsibility of the Respondent and the City shall make no reimbursement of any kind. I. Any response by the City to a request for information or correction will be made in the Negometrix bid file or in the form of a written addendum, which will be distributed via Negometrix. It shall be the responsibility of each Proposer to obtain a copy of all RFP 21-002 City -Wide A/C & Heating 6 issued Addenda. The City reserves the right to issue Addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In case any Proposer fails to acknowledge receipt of any such Addendum, its proposal will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Respondents are cautioned that any other source by which a Respondent receives information concerning, explaining, or interpreting the RFP Documents shall not bind the City. J. Any of the following causes may be considered sufficient for the disqualification and rejection of a proposal: a) Submission of more than one (1) proposal for the same work by an individual, firm, partnership, or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships, or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among the Respondents ; c) Being in arrears on any existing contracts with the City or in litigation with the City, or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City’s judgment and sole discretion, raises doubts as to the Respondent’s ability to properly perform the services; or e) Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify dis qualification of Respondent or the rejection of its proposal. K. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under an award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2) (a).] L. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal that they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request for proposals become the property of RFP 21-002 City -Wide A/C & Heating 7 the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. M. PUBLIC RECORDS COMPLIANCE: The City of Ocoee (the “City”) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the C ontractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. N. ACCEPTANCE AND AWARD: The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Proposer qualifies its proposal RFP 21-002 City -Wide A/C & Heating 8 by specific limitations. The City may accept one or more proposals if, in the City’s discretion, the City determines that it is in the City’s best interest to do so. The City reserves the right to award the contract to the Res pondent(s) which, in the City’s sole discretion, is (are) the most responsive and responsible. The City reserves the right, as an aid in determining which proposals are responsible, to require a Respondent to submit such additional evidence of Respondent’s qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals for acceptance and award. End of Section (Remainder of page intentionally left blank) RFP 21-002 City -Wide A/C & Heating 9 RFP #21-002 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) In lieu of providing a bid security, the Respondent may provide documentation that their business has been active with the Secretary of the State of Florida for a minimum of three (3) years. Respondent warrants by virtue of bidding the prices in his bid response will be good for an evaluation period of ninety (90) days from the date of bid opening, or: b) Each proposal must be accompanied by Bid Security in the form a Cashier’s/Certified Check or company check upon an incorporated bank or trust company or a Bid Bond in an amount equal to ONE THOUSAND DOLLARS ($1,000.00). A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier’s check or Bid Bond is submitted as a guarantee that the Respondent, if awarded the C ontract, will, after written notice of such award, enter into a written Contract with the City and as a guarantee that the Respondent will not withdraw its proposal for a period of ninety (90) days after the scheduled closing time for the receipt of propos als, in accordance with the accepted proposal and RFP documents. c) A copy of the bid security is to be included with the proposal submitted electronically on Negometrix. The original bid security is to be mailed within five (5) business days after the bid opening to: City of Ocoee, Finance Department/Purchasing, Attention: Shannon Hopper, Purchasing Technician, 150 North Lakeshore Drive, Ocoee, FL 34761. Failure to provide the original may cause your bid to be deemed non-responsive. d) In the event of withdrawal of said proposal within ninety (90) days following the opening of proposals, or Respondent’s failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the RFP after issuance of Notice of Intent to Award by the City, then such Respondent shall be liable to the City in the full amount of the check or Bid Bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the Bid B ond as liquidated damages and not a penalty. e) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. f) The cost of the required Bid Bond and required insurance coverage is to be included in the Respondent’s overhead and is not eligible for reimbursement as a separate cost by the City. The checks of the three (3) most favorable Respondents will be returned within three (3) days after the City and the successful Respondent have executed the contract for work or until the 91st day after proposal opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of proposals. Bid Bonds will be returned upon request following the same criteria as a check 2. PERFORMANCE BOND: Performance and Payment Bonds are not required. RFP 21-002 City -Wide A/C & Heating 10 3. PATENT INDEMNITY: Except as otherwise provided, the successful Respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses , for infringement upon any letters patent of the United States arising out of the performance of this c ontract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the proposal price shall include all royalties or cost arising from the use of such design, device, or materials. 4. DEFAULT: As a result of proposals received under this RFP, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City’s rights and remedies hereunder. 5. PRICING: Pricing should be provided as indicated on the Proposal Form attached as Exhibit B. Please note that alternate price proposals will not be accepted unless specifically called for on the Scope of Work and/or Proposal Form . Cost of preparation of a response to this RFP is solely that of the Respondent and the City assumes no responsibility for such costs incurred by the Respondent. The Proposal Form may not be completed in pencil. All entries on the Proposal Form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Respondent to clarify an illegible entry on the Proposal Form . If the Proposal Form requires that the proposed price, or constituent portions of the proposed price, RFP 21-002 City -Wide A/C & Heating 11 be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Proposal Form should be provided by the Respondent and be correctly computed. If there is an arithmetical conflict between the unit price stated by the Respondent on the Proposal Form and the total price stated by the Respondent on the Proposal Form , the unit price stated by the Respondent on the Proposal Form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Proposal Form to calculate the total price, utilizing the unit prices that have been identified by the Respondent. The taking of such action by the City shall not constitute grounds for the Respondent to withdraw its proposal nor shall it provide a defense constituting discharge of the proposal bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error, or other irregularity that may appear on the Proposal Form . However, the City reserves the right to reject Proposal Form s that are incomplete or contain information that is not required as being non-responsive. a) The prices have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Respondent or with any competitor; b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other Respondent or to any competitor; c) No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); d) Respondent warrants the prices set forth herein do not exceed the prices charged by the Respondent under a contract with the State of Florida Purchasing Division; and e) Respondent agrees that supplies/services furnished under this proposal, if awarded, shall be covered by the most favorable commercial warranties the Respondent gives to any customer for such s upplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the proposal award. f) Respondent represents that the article(s) to be furnished under this RFP is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that dis counts for payments within less than 30 days will not be considered in evaluation of proposals . However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. RFP 21-002 City -Wide A/C & Heating 12 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of proposal opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded in accordance to the Evaluation Criteria contained in this RFP. 9. LITERATURE: If required by the scope of work or the specifications, descriptive literature/brochures shall be included with this proposal in order to properly evaluate make/model offered. Proposals submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted in the following manner to the Purchasing Technician at shopper@ocoee.org with a copy to the Procurement Manager at jtolbert@ocoee.org: a) A Respondent shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. b) A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the RFP, its addenda, and other proposal documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications), if any. The Respondent shall clarify all questions concerning the design documents of the project prior to submitting its proposal. c) The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. d) The bid protest shall be filed with the Purchasing Technician and Procurement Manager not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. e) The Procurement Manager, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If Owner denies the protest, Owner may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: a) No payment will be made for materials ordered without proper purchase order authorization or City of Ocoee Visa Purchasing Card. Payment cannot be made until materials, goods , or services have been received and accepted by the City in the quality and quantity ordered. Purchase Order terms are Net 30 days after receipt of approved invoice. b) Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available for the work. RFP 21-002 City -Wide A/C & Heating 13 c) The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0; and, pursuant to Chapter 212, Florida Statutes, is exempt from federal excise, state, and local sales taxes. 12. SAFETY REQUIREMENTS: The Respondent guarantees that the services to be performed and the goods to be provided herein shall comply with all applicable federal, state, and local laws, ordinances, regulations, orders , and decrees, including, without limitation, such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910-General Industry Standards that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) The Contractor must assure that a certified first aid person is designated, phone numbers of physicians, hospital, and ambulance services are posted (copy to Personnel Director, City of Ocoee), and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and be secured to prevent displacement. i) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. j) All heavy equipm ent must have, where applicable: (a) back-up alarms, (b) boom angle indicator, (c ) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. k) Personal fall protection must be provided at elevations exceeding ten (10) feet. 13. DRUG-FREE WORKPLACE: Provide a statement concerning the Proposer’s status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. Include the attached form with your proposal. 14. CONTRACT: a) The successful Respondents , herein also referred to as Contractor, w ill be RFP 21-002 City -Wide A/C & Heating 14 required to enter into a contract with the City along the terms and conditions included in the proposed contract for the initial period of three (3) years , with two (2) automatic and one-year extensions and a one (1) year optional renewal at the City’s discretion. The contract labor rates may be escalated up to 3% upon renewal of the contract each year. All other provisions of the contract shall remain constant for the life of the contract. b) The City may, in its sole discretion, award any additional services, whether in the existing areas of the scope of work or in any area additional to those in the existing scope of work, to any third party or the City’s own employees. Contractor will be expected to cooperate with any or all other c ontractors who m ay be performing services for the City. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES a) Respondent certifies that it does not and will not maintain or provide any segregated facilities for the Respondent’s employees at any of the Respondent’s establishments, and that Respondent does not permit Respondent’s employees to perform their services at any location under the Respondent’s control where segregated facilities are maintained. Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of its Proposal. As used in this certification, the term “segregated facilities” means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for employees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Respondent agrees that (except where Respondent has obtained identical certification fr om proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent’s files. b) The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION: Proposer declares by submission of a qualification package that the only pers ons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the contract for the described services. Proposer certifies that no City Commissioner, other City Official or City employee RFP 21-002 City -Wide A/C & Heating 15 directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) Proposer certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Propos er agrees to immediately notify the City in writing. Proposer must submit the attached Conflict of Interest Disclosure Statement. The Proposer further declares that a careful examination of the scope of services, instructions, and terms and conditions of this RFP has occurred, and that the proposal is made according to the provisions of the RFP documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFP documents. Proposer agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Proposer offers and agrees that if this negotiation is accepted, Proposer will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Proposer. The proposal constitutes a firm and binding offer by the Proposer to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: a) All invitations to bid, as defined by Section 287.012(16), Florida Statutes, requests for proposals, as defined by Section 287.012(23), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit bid, proposal, or reply on a contract with a public entity for the construction or repair of public building or public work; may not submit bids, proposals or replies on leas es of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the RFP 21-002 City -Wide A/C & Heating 16 convicted vendor list.” b) All Respondents that submit a Bid or Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the submitted documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes. 18. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the Contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee contractor registration if permitting is required. Please contact the City’s Building Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the Contractor. 19. STANDARD INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for Workers’ Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor’s employees not otherwise protected.  Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or RFP 21-002 City -Wide A/C & Heating 17 indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability  $1,000,000 Combined single limit per occurrence (each person, each accident)  All covered automobile will be covered via symbol 1  Liability coverage will include hired & non-owned automobile liability  Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory.  $2,000,000 GENERAL AGGREGATE  $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE  $1,000,000 PER OCCURRENCE  $1,000,000 PERSONAL & ADVERTISING INJURY  Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor’s Comprehensive General Liability, Automobile Liability and Worker’s Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor’s policy, as specified above. 4) Owner’s Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured’s liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured’s general supervision of the independent contractor. The Contractor shall procure and furnish an Owner’s Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 5) Contractual Liability: If the project is not bonded, the Contractor’s insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED.  $1,000,000 PER OCCURRENCE  $2,000,000 AGGREGATE 6) Commercial Umbrella:  $1,000,000 PER OCCURRENCE  $2,000,000 Aggregate  Including Employer’s Liability and Contractual Liability 7) Builders Risk: (as applicable for construction projects)  $100,000 Any (1) Location  $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample below), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. RFP 21-002 City -Wide A/C & Heating 18 RFP 21-002 City -Wide A/C & Heating 19 20. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 21. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ 22. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any subcontractor/temporary worker agency listed and has received and has in the Respondent’s files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee’s approval before any work shall commence by the additional subcontractor on this project. RFP 21-002 City -Wide A/C & Heating 20 23. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 24. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR CONTRACTS: The Respondent shall provide at least three (3) separate references of previous contracts with similar scope of work within the past five (5) years, preferably with a governmental agency. Respondent must demonstrate ability to perform services of similar complexity, nature, and size. For each previous contract, the Respondent must provide a description of the scope, its location, and a contact person willing and able to discuss the Respondent’s performance for that contract. Letters of References may also be provided. Only contracts for which the Respondent was the prime contractor will be considered to be relevant. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT’S NAME AND ADDRESS/ TEL EPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT , ETC (attach additional sheets if necessary). Have you any similar work in progress at this time? Yes___ No ___. Length of time in business_________ years _________ months. Bank or other financial references: RFP 21-002 City -Wide A/C & Heating 21 25. SUBMITTALS: The City of Ocoee requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Respondents should follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, rather to ensure the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation; any missing information will be evaluated accordingly. Submissions shall be limited to a total of forty (40) 8.5”x 11” pages (excluding for ms included in this RFP), single-sided, portrait orientation, 12-point font, and contained in a three-ring binder or other format amenable to easy photocopying. The page limit applies to the material contained in sections 1 and 2 of the proposal, as descr ibed below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. Failure to adhere to the stated page limit or provide the required content may subject your proposal to disqualification. In order to simplify the review process and obtain the maximum degree of comparison, the Respondent should provide the following content when responding to the RFP: Section 1 - Company Information • Provide name, address, contact (office and emergency contact) information for the prime, and all sub-contractors, see also Section 22. • If more than one (1) office, state the location of the headquarters and the office responsible for this contract and the distance in nearest one-way miles from the responsible office to Ocoee City Hall. • Provide copies of the appropriate State mechanical, electrical, heating & cooling licenses for the prime and sub-contractors (if applicable). • Provide the number and the names of certified technicians, the office where they are located, and the area of expertise and certification. Section 2 – Company Experience • Provide company history, number of years in business, the main focus of the company, etc. • Provide at least three (3) recent projects completed within the past five (5) years in Florida. For each project, provide client name, client contact information, description of service, project budget, and date completed, see Section 24. • Describe the type and quantity of service vehicles, specialized tools, etc. as relevant to this contract, see Section 23. • State and describe any litigation to which the Contractor was a party to and the outcome for the past five (5) years, see Section 20. RFP 21-002 City -Wide A/C & Heating 22 Section 3 – Service Rates • Provide a lump sum amount for the annual s cheduled maintenance for all units listed on “Exhibit C – List of AC & Heating Units, Ice Machines, and Water Coolers; on “Price Proposal Form – Exhibit B ” provided. • Provide loaded service rates, dollars per hour for regular (non-emergency) call outs and emergency call outs as described under “Scope of Services.” • Provide percentage mark-up for parts. • Describe and provide amount for any other fees, travel expenses (if any), delivery charge, surcharges, disposal fees, etc. that may appear on company invoice. Section 4 – Other Required Content • Forms listed on Table of Contents as to be submitted with your proposal. • Bid Security, see Section 1. • Acknowledgement of any Addenda issued, see Section 21. • Company Information/Signature Sheet • Conflict of Interest Disclosure Form • Drug Free Workplace Form • M/WBE Certification, if applicable, for the responding firm only. Points will not be awarded for subcontractors. Attach copy of State of Florida Office of Supplier Diversity or County Certificate. • Office Location of the office that will be servicing this contract. 26. EVALUATION CRITERIA: The criteria for making an award recommendation are: a) Location of service office (0 – 30 points) 1) Distance (one-way miles) from contractor’s office responsible for providing service to the City Hall. 2) Response time to City’s requests for routine and emergency calls . b) Contractor’s resources (0 – 20 points) 1) Active State licenses in specialty areas (AC & Heating, mechanical, electrical, etc.) 2) Number of certified technicians and area of certification. 3) Number of service vehicles, spare vehicles, specialized equipment, etc. 4) Brand of AC & Heating equipment supported, manufacturer certification (if applicable). c) Price proposal (0 – 25 points) 1) Lump sum price proposal for scheduled maintenance. 2) Service call rate for emergency service. 3) Contractor mark-up on parts. d) Contractors experience (0 – 20 points) 1) Experience with similar service contracts. 2) Overall experience of Contractor in AC & Heating maintenance and installation. 3) Contractor’s references. e) Certified Minority, Women Owned Business Enterprise (0 – 5 points) RFP 21-002 City -Wide A/C & Heating 23 27. SELECTION PROCESS: A City evaluation committee will review and evaluate each Respondent’s submittal and will short-list and recommend to the City Commission one (1) firm to perform the required services. The City reserves the right, before awarding the contract, to require a Respondent to submit such evidence of its qualifications, as the City may deem necessary and/or may require oral presentations or interviews of firms. The City Commission shall be the sole judge of the competency of Respondents. All Respondents shall be notified via Negometrix or other means of staff’s recommended ranking of firms to the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. The successful Respondent shall be required to execute an agreement which provides, among other things, that any plans, drawings, reports, and specifications that result from Respondent’s services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequent executed by both parties. 28. TIME SCHEDULE The anticipated schedule of events related to this solicitation is: October 18, 2020 Request for Proposals advertised November 3, 2020 Last day for questions November 10, 2020 Proposal submission deadline 2 days later Proposals distributed to Evaluation Committee 1-3 weeks later Evaluation committee meeting held Next meeting Top-ranked firm recommended to City Commission This schedule is subject to change at the discretion of the City. End of Section Remainder of page intentionally left blank. RFP 21-002 City -Wide A/C & Heating 24 EXHIBIT “A” SCOPE OF WORK RFP #21-002 CITY -WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT SCOPE OF SERVICES The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting proposals from qualified and licensed contractors (Contractor) that have experience in providing the necessary services for scheduled and emergency repair, and installation of air conditioning and heating systems throughout the City. The term contract will be for three (3) years with two (2) one (1) year automatic renewal options. The City intends to award a contract to a single qualified and licensed contractor based on factors included in the evaluation criteria, including but not limited to (1) response time to routine and emergency calls, (2) number of certified AC & Heating Technicians, (3) distance from Contractor’s office to City Hall, (4) similar experience maintenance/repair term contracts, (5) lump sum amount for scheduled maintenance & service rate for emergency repairs, (6) Contractor’s mark-up on parts, and (7) satisfactory reference check. The Contract requires the Contractor to provide various scheduled maintenance services and emergency repairs for all AC & Heating units, Ice Machines, and Water Coolers City- wide. 1. Scheduled Quarterly Maintenance Contractor shall visit each unit listed on Exhibit C (list of city-wide AC & Heating, Ice- Machines, and Water Coolers), every 3-months and perform the following minimum tasks: a) Clean all refrigerant coils as necessary b) Clean blower wheels and fan blades as necessary c) Clean pan and condensation drains. d) Check refrigerant level and add refrigerant to AC & Heating units as necessary. The refrigerant level does not need to be checked on ice machines and water coolers. e) Check and adjust belts f) Check current amperage draw for all motors g) Check bearings in motors for wear h) Clean or replace filters as necessary i) Electrically check compressor motor windings for breakdown j) Visually inspect electrical parts and connections k) Exercise machinery for all possible functions to insure proper function l) Visibly inspect ducts and pipes for damage and contaminants Upon completion of the scheduled maintenance, Contractor shall submit a report indicating the condition of all units inspected and providing a list of items in need of repair and cost of repair in accordance with the terms of the Contract. Upon authorization to proceed, Contractor shall make the necessary repairs within 5 working days of the authorization. RFP 21-002 City -Wide A/C & Heating 25 Contractor shall make every attempt to schedule maintenance activities to avoid or minimize interference with City operations and minimize discomfort to the City employees. Activities for major AC & Heating Units for City Hall, Police Department, Community and Recreation Centers shall be scheduled for non-business hours if the maintenance requires shut down of the system. City may add additional units to the list provided on Exhibit C at a negotiated charge to satisfaction of both parties. Revisions to the list shall require approval by the Public Works Director and the City Manager on behalf of the City and authorized representative on behalf of the Contractor. 2. Emerg ency Response Contractor is required to respond to request for service under emergency conditions within 2 hours of the request. Contractor shall provide 24-hours live dispatch service or a 24-hour cellular number for a licensed and qualified “on-duty” technician for contact by City staff. If calls for service are answered by voicemail, the maximum wait time for a call back to a recorded voicemail shall be 15 minutes which shall be included in the 2-hour response time. Failure to respond in specified time period to a request for service shall constitute violation of the contract subject to the following penalties: Tardiness Penalty 15 to 60 minutes ½ of Service call Rate 60 to 120 minutes ¾ of service call rate More than 120 minutes No charge for service call Three (3) or more violations in a 12-month period may result in termination of the contract at the discretion of the City. The “on-duty” technician shall have the means to diagnose the trouble and make temporary repairs as needed to make the system operational. Major repairs and part replacement shall begin no later than the next business day or as soon as the part is available. Contractor shall maintain adequate diagnostic equipment and an inventory of common parts for immediate repairs at all times. For repairs or replacement exceeding $4,999.99, Contractor shall submit a written proposal to the Public Works Director for review and authorization no later than the next business day and prior to commencement of work. Contractor shall submit an invoice after the completion of the work, which shall describe the work performed, time called, time, arrived, time work complete, labor, and parts. PERMITS & INSPECTIONS Scheduled maintenance activities and minor repairs will not require a per mit. The Contractor shall be responsible for filing the necessary permit application for non- RFP 21-002 City -Wide A/C & Heating 26 emergency major component replacement with the City’s Building Department. Under emergency conditions, the permit may be filed within 48-hours of the service call. The City permit fees are waived. The Contractor shall be responsible for scheduling, attending, and complete all necessary inspections to satisfy the permit requirements. LICENSES All contractors and sub-contractors proposed for this project shall be fully licensed in their discipline in the State of Florida as required by Florida law. A copy of the license for the prime and all sub-contractors shall accompany the bid. Failure of the firm to follow the guidelines specified above may result in disqualification from the selection process. AIR CONDITIONING FILTERS The filters are provided by the Contractor. There is no list of current sizes or quantities. Most of the filters are located in the air handling units. Some locations have filters in the ceiling instead of AH unit. The filter media is 1" or 2", as required, polyester (white/blue) that is cut to size from a large roll or precut pads and placed into a pad holding frame. The exception to that would be ice machines, water coolers or mini splits that usually have cleanable filters. End of Scope RFP 21-002 City -Wide A/C & Heating 27 EXHIBIT “B” PRICE PROPOSAL FORM RFP 21-002 CITY -WIDE AC & HEATING MAINTENANCE TERM CONTRACT 1. Lump sum amount for quarterly maintenance for all items listed on EXHIBIT C: $ ____________________________________ dollars and ____________________________cents 2. Lump sum amount for annual maintenance for all items listed on EXHIBIT C: (Bid Item number 1 amount multiplied by (4) quarters). $_________________________ ____________________________________dollars and ____________________________cents 3. Rate to be charged for service during business hours (Monday-Friday, 7:30 AM to 5:30 PM): $ ____________________________________ dollars and ____________________________cents 4. Rate to be charged for service during non -business hours & holidays: $ ____________________________________ dollars and ____________________________cents 5. Mark -up or discount offered for parts: % Mark -up %Discount 6. Distance in one-way miles from Contractor’s Service office to City Hall: Miles 7. Contractor offers 24-hour live dispatch: Yes No The City reserves the right to delete any portion of the bid items above in order to meet budget constraints. Company Name ______________________________ Contractor’s License Number Authorized Officer (print) Authorized Signature Date RFP 21-002 City -Wide A/C & Heating 28 EXHIBIT “C” LIST OF EQUIPMENT - AC & HEATING UNITS RFP #21-002 CITY -WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT MAKE MO DEL SERIAL # UNIT LOCATION/AREA/TYPE CITY HALL TRANE TTA180B300FA 325326RAD small Southside unit -Comm.Cham-o utside CDU TRANE MCCBO12UAOAOUA K 03F87307 small Southside unit -Comm.Cham-inside 2nd FL AHU TRANE RAUCC20FBX0300 CO3F05459 large Southside unit -2nd FL-outside CDU TRANE MCCB017UA0A0UA K 03F87302 large Southside unit -2nd FL-inside AHU TRANE TCH210C300DA 2 07100281D Northside unit -1st FL AH/CDU FUJITSU AOU12C1 E009085 Southwest unit -1st FL TV-media room- mini split GOODMAN GSX130481BB 1209639785 Northside unit -2nd FL computer room CDU GOODMAN ARUF486016CA 1104042970 Northside unit -2nd FL computer room AHU HR/P&R TRANE TTA150B300EA 4063KCAADunit1 Northwest corner unit -whole bldg. outside CD U TRANE TTA150B300EA 4071YEKADunit2 Northwest corner unit -whole bldg. outside CDU MAGUIRE HOUSE CARRIER 38ARQ008…501 4209G0075 Northside Lg. outside CDU CARRIER 40RMQ008...B611HC 3909U20907 Northside 2nd FL -attic AHU CARRIER 25HCB336A300 2809E20943 Northside Sm. outside CDU CARRIER FY4ANF036 4109A69656 Northside 2nd FL AHU CARRIER 50HJQ006…521 4009G30350 Northside Package Unit VIGNITY RECREATION CENTER TRANE TWE120B100EL 6512RJBD AHU TRANE 2TTB3060A1000AA 71737EX2F CDU TRANE 2TTB3060A1000AA 6431KP21F CDU LAKESHORE C ENTER (NEW ) • York AquaSnap high -efficiency air-cooled rotary scroll chiller, Model No. YLAA0058HE17 Serial #11551L85739245, rated at 39 tons with dual 3 HP pumps and 241-gallon chilled water storage tank (chiller is mounted on top of tank in exterior enclosure). Warranty for first year covers parts, labor, and refrigerant on everything; compressor-only warranty for years 2-5. • Carrier Aero indoor air handler unit, Model No. 39MN, using 12 16”x25” filt ers, 10 HP motor, and ABB Model No. ACH550 pulse-width modulator adjustable speed AC drive controller. Warranty covers parts and labor for 24 months after start -up. • Six Carrier variable air volume terminal boxes with electric heat, Model No. 35E; four different sixed units are installed: 2 @ Size 12 and one each of sizes 10, 14, and 16. One-year parts warranty. • Kitchen exhaust fan, Greenheck Model No. SQ-100-A, with Greenheck Model No. CUBE-161HP-4 through-the-roof exhaust fan. BEEC H C ENTER TRA NE TWE042C14FCO P216LC1V Northwest unit inside-offices-AHU3 TRANE TWEO6OP13FBO P1332GO1V Northwest unit inside-offices-AHU4 TRANE WBHA24J11NFBA1 TMO7OOO528O Northside unit ceiling- studio inside AHU TRANE WBHA24J11NFBA1 TMO7OOO5281 Northside unit ceilin g-workout inside AHU TRANE TWE120A300CA P1435RC5H Southside unit ceiling-storage inside -AHU TRANE TTAO42D3OOBO P163K8DFF Northwest outside unit Offices CU3 TRANE TTAO42D3OOAO P1O5T8C2F Northwest outside unit Lobby CU4 GOODMAN GSC130601DB 1306006547 Northwest outside unit Work out CU1 GOODMAN GSC130601CB 1105656342 Northwest outside unit Dance rm. CU2 CARRIER 38ARD012…501 4609G4011B Southeast outside unit Storage CU CARRIER 50A4BO4OBRG611EE 0612U05015 Southeast -Gym package unit FIRE S TATIO N #25 (BLUFORD AVE) Support Chief HIRA048525Aunit1 outsi de CDU -inside AHU Lobby HIRA042525Aunit2 Offices/Lib/Meeting HIRA060525Aunit3 outside CDU -inside AHU: F2P060N06B T raining HIRA024506Dunit4 outside CDU -inside AHU: F2RPO24N06B RFP 21-002 City -Wide A/C & Heating 29 Corridor/Batt . Chief HIRA076525Aunit5 outside CDU -inside AHUK4EU090A33A H2RCO18506Aunit6 outside CDU -inside AHU: F2RP018N06B H1RA048525Aunit7 outside CDU -inside AHU: F2FP048N06B FIRE S TATIO N #2 6 (CLARKE RD) GOODMAN CKL24 -1L 0504136674 GOODMAN ARUF024 -00A-1A 506042781 Northwest unit inside bay storage- AHU FIRE S TATIO N #38 GOODMAN GPC1460H4IEC 1909373789 FIRE S TATIO N #3 9 (MAGUIRE RD) AMANA ASX140241LA CDU Bay AMANA ASPT29B1YAB AHU Bay CARRIER 7.5 TN Package unit Eastside SOUTH WATER PLANT 2TWB00361000AB 5162UJM4F North outside CDU- inside AHU WASTEWATER PLANT TRANE TWA120A300BA H48198601 W estside outside Heat Pump/CDU TRANE TTB024C100A2 3131WDG5F W estside outside CDU TRANE TWE120A300BA H40170310 inside AHU TRANE TWE0124C14FBO 3126AX72V in ceiling AHU HACKNEY-PRAIRIE WATER PLANT FRIDRICH WE12A33E-A LBCR19003 Window Unit WATER PLANT ADMINISTRATION TRANE TWA120A300BA H48198601 W estside outside heat pump/CDU TRANE TTB024C100A2 3131WDG5F W estside outside CDU TRANE TWE120A300BA H40170310 inside AHU TRANE TWE0124C14FBO 3126AX72V in ceiling AHU ISON S&V CARRIER ASPT62D2AA AHU1 CARRIER FA4BNF036 4605A71908 AHU2 CARRIER FA4BNF036 4605A71914 AHU3 CARRIER ASPT61D14AC AHU4 AMANA ASX140601KB CU1 GOODMAN GS2140601KE CU2 CARRIER 38CKC036350 4305E31083 CU3 CARRIER 38CKC036350 4305E31080 CU4 WW ADMIN TRANE 2TEC3F60B1000AA 8015SP2V AHU1 TRANE 2TEC3F42C1000AA AHU 2 TRANE 2TTB3060A1000AA 81518RY2F CDU 1 TRANE 2TTB3042A1000AA 84057394F CDU 2 JAMELA STORAGE GOODMAN GSX13421BC AH west GOODMAN ARUF42C14AD CU east PUBLIC WORKS CARRIER 40RN-012-B611HC 2706U15111 AH 1 ADMIN CARRIER 38ARD012-501 2206G40165 CU 1 ADMIN CARRIER FA4CNF024 2806A76549 AH 2 sign shop CARRIER 24ABR324A310 0706E10895 CU 2 sign shop CARRIER FA4CNB060 2006A85646 AH 3 fleet GOODMAN GSC130601CB 1205030566 CU 3 fleet RFP 21-002 City -Wide A/C & Heating 30 PO LIC E DEPARTMEN T PA13NR036-H 3708X72925 CUIA Computer Room CARRIER FB4CNF060 4211AB4079 AHU 1 CARRIER FB4CNF060 0312A85547 AHU 2 CARRIER FY4AN84735 0510A84735 AHU 3 AMANA ASX140481KC AHU 4 CARRIER FB4CNF06 0 2311A85230 AHU 5 LENNOX CB21V-65-2P 5894F26080 AHU 6 LENNOX CB21V-51-2P 5894H13567 AHU 7 CARRIER 24ABB360A520 4311E00703 CU 1 CARRIER 24ABB360A520 0512E01199 CU 2 CARRIER 25HBC360A500 1110E19072 CU 3 CAR RIER FB4CNFOGO CU 4 CARRIER 24ABB360A520 2111E21170 CU 5 LENNOX HP29 -060-7Y 5807A09603 CU 6 LENNOX HP29 -048-7Y 5806K01145 CU 7 BARD WH184-A04 257A092594802-02 Holding Area Package unit IC E MAKERS CH ICE O MATIC ICE U 150HA2 D438-00455-Z 2 nd FL Break room PW ICE O MATIC ICE0500HA5 13051280011387 Bay FS 1 MANIT0WOC S 4 00 O30320606 Garage Bay FS 2 MANIT0WOC S 400 O30320108 Garage Bay FS 3 ICE O MATIC KC400HAPB1 V71202983 Z Garage Bay WW HOSHIZAKI KM500MAH M25674K North side outside BC SCOT SMAN CO522MA-11B 12081320016710 KITCHEN IC SCOT SMAN CU1526SA-1A 13061320010307 KITCHEN WATER COOLERS CH Halsey 2 units 74158365001 1st floor lobby & second floor hallway FLT OASIS P8AM-D101 22351165 Service bay FS 1 SUNROC 2 Units Dual Service bay & lobby FS 2 ELKAY Service bay FS 3 ELKAY Service bay WW ELKAY Upright Unit PD Halsey 79158365001 Hallway PD Halsey Taylor Dual Lobby PD Halsey Taylor 4421855001 Hall PD Halsey Taylor HAC-8FS-Q 940534183 Hall WP ELKAY Upright Unit Maguire Road Water Plant PW EBCO/OASIS DP7WMPE 8413068415 Bay BC ELKAY EZFSTL81B 070431118 LOBBY IC ELKAY EXFSTL81B 060416583 LOBBY CL Halsey Taylor HTV-8 -Q-TTG LOBBY PW ELKAY EZFSTLR81B 060912311 LOBBY PW ELKAY EZFSTLR81B 060823551 BAY FS = FIRE STATION PW = PUBLIC WORKS WW = WASTEWATER PLANT CH = CITY HALL PD = POLICE DEPARTMENT WP = WATER PLANT BC = BEECH CENTER IC = ISON CENTER CL = CLINIC End of Equipment List RFP 21-002 City -Wide A/C & Heating 31 RFP #21-002 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. __________________________________ __________________________________ COMPANY NAME TELEPHONE (INCLUDE AREA CODE) __________________________________ FAX (INCLUDE AREA CODE) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (PLEASE PRINT) ____________________________________________ ________________________________ ____________________________________________ STREET ADDRESS ________________________________ CITY STATE ZIP FEDERAL ID #___________________ _____Individual _____Corporation _____Partnership _____Other (Specify)________________________ Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization this ________day of ____________________, 20____. Personally Known___________ or Produced Identification_________ ____________________________ Notary Public - State of _________ (Type of Identification) County of ____________________ ___________________________ Signature of Notary Public ___________________________ Printed, Typed or Stamped Commissioned Name of Notary Public RFP 21-002 City -Wide A/C & Heating 32 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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, and available drug counseling, rehabilitation, and 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 specified in subsection (1). 4. In the statement specified in subsection (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 pleas of guilty or nolo contendere to, any violation of Chapter 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 assistanc e or rehabilitation program is 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 this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: Signature By: (Print or Type Name) Title: Date: RFP 21-002 City -Wide A/C & Heating 33 CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their RFP: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this RFP. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ______ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this RFP. ______ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this RFP. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date RFP 21-002 City -Wide A/C & Heating 34 EXHIBIT “D” PROPOSED AGREEMENT FOR RFP #21-002 AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT THIS AGREEMENT FOR AIR CONDITIONING AND HEATING MAINTENANCE TERM CONTRACT (this “Agreement”) is made this day of , 20____, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the “City”) and , a ___________ corporation, whose mailing address is (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City desires to enter into an Agreement with the Contractor to perform the work set forth in that certain Request for Proposals RFP #21-002 (the “Work”), and any amendments thereto being attached hereto as Exhibit “A”; and WHEREAS, the Contractor is capable of performing the Work and agrees to perform the Work pursuant to the terms of this Agreement, and for the amounts spe cified in the Contractor’s Proposal, the Contractor’s Proposal and any amendments thereto being attached hereto as Exhibit “B”. NOW THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Scope of Agreement. The terms and conditions of Exhibit “A attached hereto as well as the terms and conditions of Exhibit “B” attached hereto a re incorporated by reference herein as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment, labor, supervision, and consumables to complete the Work. Section 2. Term of Agreement. This Agreement shall consist of one (1) initial three (3) year term beginning on (the “Effective Date”), with two (2) separate automatic one -year extensions , for a total of five (5) years, unless terminated by the City upon the issuance of written not ice by the City to the Contractor provided not later than thirty (30) days prior to the expiration of any renewal year term. The City shall have the option of extending the term an additional one (1) year. Each term is renewable with the condition that the City’s obligation to pay under this Agreement for each year is contingent upon the City in its good faith judgment having sufficient funds to make an annual appropriation for the work to be provided under this agreement. Section 3. Compensation. Contractor agrees to provide the services and materials as specified in Exhibit “A” for the amount specified in Exhibit “B”. 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, will remain firm for the first year of this Agreement. Price adjustments will be allowed pursuant to the Price Adjustment provision of this Agreement. Section 4. Payment. All invoices received by the City are payable within (30) days from receipt, provided they have first been approved by the City, and the City has accepted the Work for which RFP 21-002 City -Wide A/C & Heating 35 payment is sought. The City reserves the right, with justification, to pa rtially pay any invoice submitted by the Contractor. All invoices shall be in duplicate and directed to: City of Ocoee, Accounts Payable, 150 North Lakeshore Drive, Ocoee, Florida 34761-2258. All invoices must be clearly marked: City Agreement #RFP 21-002 Air Conditioning & Heating Maintenance Term Contract . Section 5. General Conditions. A. Patents and Copyrights. The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. B. Te rmination for Default. 1) The performance of Work under this Agreement may be terminated by the City, in whole or in part, in writing, whenever the City shall determine that the Contractor has failed to meet the performance requirements of this Agreement. 2) The City has a right to terminate for default if the Contractor fails to 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 Agreeme nt. 3) Failure of a Contractor to perform the required Work within the time specified, or within a reasonable time as determined by the City or failure to redo the Work when so requested, immediately or as directed by the City, shall constitute authority for the City to hire another contractor to perform the Work. In all such cases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of the Agreement prices. 4) Should public necessity demand it, the City reserves the right to utilize services which are substandard in quality, subject to an adjustment in price to be determined by the City. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the City that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. 5) Termination for Convenience. The City may terminate this Agreement at its convenience with thirty (30) days a dvance 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, servic es, 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. C. 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. If the Contractor is notified in writing of a fault, deficiency or e rror in the Work provided within one (1) year from completion of the Work, the Contractor shall, at the City’s option, either RFP 21-002 City -Wide A/C & Heating 36 redo such portions of the Work to correct such fault, defect or error, at no additional cost to the City or refund to the City the charge paid by the City which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for obtaining another Contractor to redo the Work. ALL MATERIALS PROVIDED BY THE CONTRACTOR, SHALL BE MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED. THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PERFORMED UNDER THIS AGREEMENT. D. Time of Completion. The parties understand and agree that time is of the essence in the performance of this Agreement. The Contractor agrees that all Work shall be performed regularly, diligently, and uninterrupted within the time specified. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor’s or City’s control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor’s or City’s contractual obligations, respectively. Any such causes of delay 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 may at its discretion, cancel this Agreement for the convenience of the City. E. Indemnification. To the fullest extent provided by law, Contractor shall indemnify, defend and hold harmless the City and all of its officers, agents and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys’ fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor, its agents, employees, or subcontractors during the performance of the Agreement. The City shall use its best efforts to promptly notify the Contractor in writing of any Claims and shall provide the Contractor with information regarding the Claims as the Contractor may reasonably request, but the failure to give such notice or provide such information shall not diminish the obligations of the Contractor under this Section. No Claims whatsoever shall be made or asserted against the City by the Contractor for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. F. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to this Agreement whether observed before or a fter substantial completion of the Work. The Contractor shall bear all costs of correcting such rejected Work. In the event that Contractor fails to timely mow or otherwise maintain a portion of the work, then the City, at its sole discretion and without waiving any other rights or remedies under this Agreement, may deduct from any amounts due under this Agreement, RFP 21-002 City -Wide A/C & Heating 37 the actual cost paid by the City to a third party to perform the work. If the City performs such work with its own personnel then the City may deduct from any amounts due under this Agreement such amount equal to what the Contractor would have charged for doing the work, plus 15% of such amount. G. 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. H. 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. I. 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 workers and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. J. 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. K. Price Adjustments. Pricing is firm for first year term of this agreement. The contract labor rates may increase up to 3% upon renewal of the contract each year. All other provisions of the contract shall remain constant for the life of the contract. For the renewal terms of this Agreement, if the Contractor proposes to make a price adjustment, the Contractor shall first give the City written notice thereof, with explanations stated for the price adjustment, and such notice shall be given at least one hundred-twenty (120) calendar days prior to the one (1) year renewal term for which the price adjustment is sought. Nothing contained herein sha ll affect the City’s right to terminate this Agreement for Convenience as provided herein. L. Familiarity w ith The Work. The Contractor by executing this Agreement, acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof. The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of this Agreement by the Contractor serves as the Contractor’s stated commitment to fulfill all the conditions referred to in this Agreement. RFP 21-002 City -Wide A/C & Heating 38 Section 6. Miscellaneous Provisions. A. The Contractor shall not employ subcontractors without the a dvance written permission of the City. B. No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, b ut without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 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 City. 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 its operations, and promptly remove any such materials to an approved disposal location. G. The Contractor is responsible for all damage or loss by fire, theft or otherwis e, to materials, tools, equipment, and consumables, left on City property by the Contractor. H. This Agreement is considered a non-exclusive Agreement between the parties. I. This Agreement is deemed to be under and shall be governed by, and construed ac cording to, the laws of the State of Florida. The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. J. Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contractor and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. K. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. L. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted proposals 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 it is authorized to enter into this Agreement and to execute same on behalf of the Contractor as the act of the said Contractor. M. This Agreement, including Exhibit “A” and Exhibit “B”, 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. RFP 21-002 City -Wide A/C & Heating 39 IN WITNESS WHEREOF, Contractor and the City have caused this Agreement for Air Conditioning and Heating Maintenance Term Contract to be executed by their duly a uthorized officers as of the day and year first above written. CONTRACTOR: ____________________________________ BY:________________________________________________ PRINT NAME: ______________________________________ TITLE: _____________________________________________ WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on __________, 2014, under Agenda Item ____. this day of , 2014 SHUFFIELD, LOWMAN & WIL SON, P.A. BY: Scott A. Cookson, City Attorney END OF SECTION