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Home My WebLink AboutItem 13 Approval of Award for RFP #26-008 Citywide HVAC Maintenance Term Contract City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: August 4, 2026 Item #: 13 Contact Name: Joyce Tolbert, Shannon Hopper Department Director: Steven Weber Contact Number: Ext. 1516, Ext. 1524 City Manager: Craig Shadrix Subject: Approval of Award for RFP #26-008 Citywide HVAC Maintenance Term Contract. (Procurement Manager Tolbert) Background Summary: In compliance with the City of Ocoee Purchasing Code Chapter 21, proposals were solicited from qualified and licensed contractors to provide the necessary services for scheduled and emergency repair, and installation of air conditioning and heating systems throughout the City. The Contract requires the Contractor to provide maintenance services for all Air Conditioning & Heating units, Ice Machines, and Water Coolers City-wide. The City intends to award the term contract to a single qualified and licensed contractor. The term contract will be for three (3) years with two (2) automatic one-year extensions, and a one (1) one-year optional renewal. The City’s current term contract for air conditioning and heating maintenance expires December 15, 2026, and the City's separate City Hall HVAC contract expires August 31, 2026. This term contract combines the scope of the existing agreements, and upon execution, this term contract will supersede and terminate the existing separate agreements. The RFP was advertised on May 31, 2026, and publicly opened on June 30, 2026. A total of three (3) proposals were received. The Public Works and Finance Departments reviewed the proposals and all were considered responsive. Complete copies of all responses are available in the Finance Department for your review. The three (3) proposals were evaluated by the RFP Evaluation Committee, which consisted of four (4) members appointed by the City Manager: Steve Krug, Public Works Director; Brett McFarlane, Community Development Administrator; Richard Valentin, Facilities Supervisor; and Thomas Rigwood, Deputy Public Works Director. The RFP evaluation committee meeting was held on July 14, 2026, with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria (see the attached shortlist/evaluation form). The Evaluation Committee short-listed the following firms in ranked order, and recommends contracting with the top ranked firm, Apple Air Conditioning and Heating, Inc., per the attached award recommendation from the Public Works Director. Rank Respondent Annual Maintenance Cost Hourly Rate (Normal Business Hours) 1 Apple Air Conditioning & Heating, Inc. $19,040.00 $85.00 2 Kalos Services, Inc. $52,160.00 $110.00 3 Air Mechanical & Services Corp. $110,700.00 $110.00 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Issue: Should the Honorable Mayor and City Commission award the term contract for Citywide HVAC Maintenance Services to Apple Air Conditioning and Heating Inc., as recommended by the Evaluation Committee? Recommendations: Staff recommends the Honorable Mayor and City Commission: 1. Staff recommends the Honorable Mayor and City Commission award the term contract for RFP #26-008 Citywide HVAC Heating Maintenance Term Contract to Apple Air Conditioning & Heating, Inc.; 2. Authorize the Mayor, City Clerk, and staff to execute all necessary contract documents; and issue purchase orders or use the City’s purchasing card up to the budgeted amount each fiscal year; and 3. Authorize the City Manager to approve change orders to this contract up to the limit of his purchasing authority for each change order and up to the budgeted amount each fiscal year for all change orders. Attachments: 1. Award Recommendation 2. Shortlist and Individual Evaluation Forms 3. Revised Proposal Checklist 4. Proposal Checklist 5. Solicitation 6. Addendum 01 7. Addendum 02 Financial Impacts: The contract is funded through the Public Works Department Contractual Services (G/L ACCOUNT # 001- 519-00-3400) Type of Item: Consent RFP #26-008 HVAC MAINTENANCE TERM CONTRACT SHORTLIST/INDIVIDUAL EVALUATION FORM Respondent Air Mechanical & Service Corp. Apple Air Conditioning & Heating, Inc. Kalos Services, Inc Evaluator 1 3 1 2 Evaluator 2 3 1 2 Evaluator 3 3 1 2 Evaluator 4 3 1 2 TOTAL 12 4 8 RANKING 3 1 2 Note: Lowest total = Top Ranking The Evaluation Committee recommends award of the contract to the top ranked firm, Apple Air Conditioning & Heating, Inc. Page 1 of 1 RFP #26-008 HVAC MAINTENANCE TERM CONTRACT REVISED PROPOSAL CHECKLIST 6/30/2026 2:00 pm Respondent Air Mechanical & Service Corp. Apple Air Conditioning & Heating, Inc.Kalos Services, Inc. Acknowlement of Addenda 1-2 ✓✓✓ Bid Security $1,000 or Waived w/Minimum 3 yrs active with State of FL Sec of State Bid Security Waived. > 3 yrs active with State of FL Sec of State Bid Security Waived. > 3 yrs active with State of FL Sec of State Bid Security Waived. > 3 yrs active with State of FL Sec of State Experience, References, Resources ✓✓✓ Company/LicenseVerifications Active Active Active Exceptions to Scope of Work or Contract Documents Requested 7/9/26*; Received 7/9 None None None Forms ✓ E-Verify Form Requested 7/9/26*; Received 7/9 E-Verify Form Requested 7/9/26*; Received 7/9 Quarterly Maintenance Cost $27,675.00 $4,760.00 $13,040.00 Annual Maintenance Cost $110,700.00 $19,040.00 $52,160.00 Business Hours Rate $110.00 $85.00 $110.00 Non-Business Hr & Holiday Rate $165.00 $125.00 $160.00 Markup/Discount % for Parts 30/0 20/10 /10 Ability to Meet Required Response Time Yes Yes Yes Contractor offers 24hr Live Dispatch Yes Yes Yes Respondents Listed in alphabetical order. *Missing Forms considered a minor irregularity. RFP #26-008 HVAC MAINTENANCE TERM CONTRACT REVISED PROPOSAL CHECKLIST 6/30/2026 2:00 pm RFP #26-008 HVAC MAINTENANCE TERM CONTRACT PROPOSAL CHECKLIST 6/30/2026 2:00 pm Respondent Air Mechanical & Service Corp. Apple Air Conditioning & Heating, Inc.Kalos Services, Inc. Acknowlement of Addenda 1-2 ✓✓✓ Bid Security $1,000 or Waived w/Minimum 3 yrs active with State of FL Sec of State Bid Security Waived. > 3 yrs active with State of FL Sec of State Bid Security Waived. > 3 yrs active with State of FL Sec of State Bid Security Waived. > 3 yrs active with State of FL Sec of State Experience, References, Resources ✓✓✓ Company/LicenseVerifications Active Active Active Exceptions to Scope of Work or Contract Documents Requested 7/9/26*No No Forms ✓ E-Verify Form Requested 7/9/26* E-Verify Form Requested 7/9/26* Quarterly Maintenance Cost $27,675.00 $4,760.00 $13,040.00 Annual Maintenance Cost $110,700.00 $19,040.00 $52,160.00 Business Hours Rate $110.00 $85.00 $110.00 Non-Business Hr & Holiday Rate $165.00 $125.00 $160.00 Markup/Discount % for Parts 30/0 20/10 /10 Ability to Meet Required Response Time Yes Yes Yes Contractor offers 24hr Live Dispatch Yes Yes Yes Respondents Listed in alphabetical order. *Missing Forms considered a minor irregularity. RFP #26-008 HVAC MAINTENANCE TERM CONTRACT PROPOSAL CHECKLIST 6/30/2026 2:00 pm CITY OF OCOEE REQUEST FOR PROPOSALS RFP #26-008 CITYWIDE HVAC MAINTENANCE TERM CONTRACT RFP #26-008 Citywide HVAC Maintenance Term Contract 2 TABLE OF CONTENTS RFP #26-008 CITYWIDE HVAC MAINTENANCE TERM CONTRACT RFP DOCUMENTS Section Page Legal Advertisement 3 Proposal Instructions 4 - 10 General Terms & Conditions 11 - 28 *Equipment Listing 21 *List of Subcontractors 21 *References/Experience 22 *Summary of Litigation 24 *Acknowledgement of Addenda 24 *Exceptions 25 SCOPE OF WORK, PROPOSAL FORM, AND PROPOSED CONTRACT Section Page Exhibit A – Scope of Work 29- 31 Exhibit B – Proposal Form 32 Exhibit C – List of HVAC Systems, Ice Machines, and Water Coolers 33-39 *Company Information and Signature Sheet* 40 *Drug-Free Workplace Form* 41 *Conflict of Interest Disclosure Form* 42 *Non-Collusion Affidavit 43 *Certification of Non-segregated Facilities 44 *Certification regarding Scrutinized Companies’ List 45 *Human Trafficking Affidavit 46 *Company Not an Entity of Foreign Country of Concern 47 Exhibit E – Proposed Contract 48- 55 *Exhibit F- Bid Bond Form (*Bid Security) 56 - 62 *Submit with Proposal RFP #26-008 Citywide HVAC Maintenance Term Contract 3 End Table of Contents Request for Proposals, Legal Advertisement The City of Ocoee, Florida (the “City”) is soliciting sealed proposals for RFP #26-008 Citywide HVAC Maintenance Term Contract. Proposals will only be accepted electronically through Bonfire, a free e-Procurement platform, until 2:00 pm, local time, on June 30, 2026. 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 responding firms read aloud at that time ; instructions provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RFP should be in writing to Shannon Hopper, CPPB, Purchasing Technician, II Finance Department/Purchasing shopper@ocoee.org OR sent through the project file on Bonfire. 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 Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, 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 Bonfire platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, May 31, 2026. RFP #26-008 Citywide HVAC Maintenance Term Contract 4 CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #26-008 CITYWIDE HVAC MAINTENANCE TERM CONTRACT A. Sealed proposals for RFP #26-008 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 may 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 intends to award a single contract to one (1) respondent deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFP. Pr oposals will be reviewed by an evaluation committee appointed by the City Manager or designee for this RFP 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 Bonfire. The evaluation committee will 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 tha t 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. C. The City is ONLY accepting electronic solicitation responses online through the City’s Euna Procurement/Bonfire platform at https://ocoee.bonfirehub.com. 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 Proposals for this RFP MUST be submitted electronically through the Bonfire Platform. Proposals received in any other format will not be accepted; no paper, fax, or e -mailed submissions will be accepted. There is no charge for prospective respondents to use the Bonfire e -procurement platform. The Bonfire platform’s minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. D. Registration with Bonfire is free and is required prior to submitting a proposal. It is suggested that prospective respondents register no later than 24 hours in advance of the submission deadline to ensure proper registration. For assistance with register ing, contact the Bonfire Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT. RFP #26-008 Citywide HVAC Maintenance Term Contract 5 Upon completing the registration with Bonfire, bidders will be able to submit a bid securely, any time before the bid submission deadline, at https://ocoee.bonfirehub.com by clicking “PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once the bid has been submitted, the Bidder will receive a date/time stamp confirmation within the Bonfire platform and an email confirmation of the bid submission. Bids submitted on the Bonfire platform will remain locked and inaccessible by City staff until the bid deadline. Bidders are encouraged to allow ample time to upload and submit their Bid as the system will automatically lock upon the bid submission deadline. E. File Uploads – Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph. F. Deadline for Receipt of Questions: The City will receive questions regarding this RFP only through written inquires directed to Shannon Hopper, CPPB, Purchasing Technician II at shopper@ocoee.org OR through the questions and answer section of the project file on Bonfire until 2:00 p.m., local time, June 23, 2026. Any clarifications/changes will be made by way of written addenda only, issued by Purchasing and posted on Bonfire. Respondents should not contact City staff (with the exception of the Purchasing Technician), City Commission, or other City consultants fo r information regarding this RFP before the proposal award date. Any contact with any other member of City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. G. Pre-Proposal Conference: None scheduled at this time. H. Proposal Submission Deadline: Proposals will ONLY be accepted electronically through the Euna Procurement/Bonfire Platform until 2:00 p.m., local time, June 30, 2026. Respondents shall submit one (1) complete electronic copy, preferably in a single file, of their Proposal package on Bonfire. Proposals must be received by Bonfire no later than the Proposal Submission Deadline. It shall be the sole responsibility of each Respondent to have their Proposal uploaded and submitted in Bonfire prior to the due date and time. Any attempt to submit a Proposal after the submission deadline will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received by Bonfire will be resolved against the Respondent. A virtual public bid opening will be held at approximately 2:01 pm. or as soon thereafter, and the name of the responding firms will be read aloud at that time. RFP #26-008 Citywide HVAC Maintenance Term Contract 6 I. The meeting link and details on how to access the virtual bid opening are available on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings and will also be posted in the project file on Bonfire. J. Proposals will be reviewed by an evaluation committee appointed by the City Manager or designee 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 publicly noticed and posted on Bonfire. The evaluation committee will supply a ranked list of the proposing firms and a recommendation regarding which firm should be awarded the term contract by the City Commission. Award of the contract, if an award is made, will be made by the Ocoee City Commission at a later date. 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. K. 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. L. 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 Respondent 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 Contract 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 a proposal shall be the responsibility of Respondent; the City shall make no reimbursement of any kind. M. Any response by the City to a request by a prospective respondent for clarification or correction will be made in the Bonfire project file or in the form of a written addendum which will be distributed via Bonfire. It shall be the responsibility of each Respondent to obtain a copy of all the addenda issued. 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 Respondent 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. RFP #26-008 Citywide HVAC Maintenance Term Contract 7 N. Any of the following causes may be considered sufficient for the disqualification and rejection of a proposal: • 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. • Evidence of collusion between or among Respondents. • 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. • 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 Respondent’s ability to properly perform the services; or • Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify disqualification of Respondent or the rejection of its Proposal. O. 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 aw ard 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). P. 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 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 City. Q. PUBLIC RECORDS COMPLIANCE: The City of Ocoee (“City”) is a public agency subject to Chapter 119, Florida Statutes. Contractor agrees to comply with Florida’s Public Records Law. Specifically, Contractor shall: 1. Keep and maintain public records required by City to perform the service. 2. Upon request from City’s custodian of public records, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable RFP #26-008 Citywide HVAC Maintenance Term Contract 8 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 Contractor does not transfer the records to City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3105, CCDL@OCOEE.ORG, WITH AN OFFICE LOCATED AT 1 N ORTH BLUFORD AVE., OCOEE, FLORIDA 34761. R. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. S. HUMAN TRAFFICKING Pursuant to Florida Statute, §787.06(13), when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in §787.06(2)(a) Florida Statutes. Submit attached affidavit with Proposal. T. FOREIGN COUNTRIES OF CONCERN Pursuant to Florida Statute 287.138(4)(a), a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity RFP #26-008 Citywide HVAC Maintenance Term Contract 9 provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Florida Statute 287.138(2)(a)-(c). Submit attached affidavit with Proposal. U. E-VERIFY By entering into this Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to term ination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. If the Contract is terminated pursuant to S ection 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law. E-VERIFY REGISTRATION AND USE. A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e- verify.uscis.gov/emp, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021. B. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. D. Failure to comply with this provision is a material breach of the Agreement and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. Submit attached affidavit with Proposal RFP #26-008 Citywide HVAC Maintenance Term Contract 10 V. 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 Respondent qualifies its proposal by specific limitations. The City may award one or more Respondents if, in the City’s discretion, the City determines that it is in the best interest of the City to do so. The City reserves the right to award the contract to the Respondent which, in the City’s sole discretion, is the most responsive and responsible. The City reserves the right, as an aid in the determination, 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 RFP #26-008 Citywide HVAC Maintenance Term Contract 11 GENERAL TERMS & CONDITIONS RFP #26-008 CITYWIDE HVAC MAINTENANCE TERM CONTRACT 1. BID SECURITY: 1a) In lieu of providing a Bid Security, Respondent may provide documentation that the business has been active with the Secretary of the State of Florida for a minimum of three (3) years. Respondent warrants in good faith by virtue of bidding, the prices in its proposal will be good for an evaluation period of ninety (90) days from the date of bid opening. OR 1b) 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 Contract, 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 proposals, in accordance with the accepted proposal and RFP documents. Please be aware that checks will be deposited. c) A copy of the Bid Security is to be included with the Proposal submitted electronically on Bonfire. The original bid security is to be sent within five (5) business days after the bid opening to: City of Ocoee, Finance Department/Purchasing, Attention: Shannon Hopper, CPPB, Purchasing Technician, 1 N. Bluford Ave., 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 Bond 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 Security and required insurance coverage is to be included in Respondent’s overhead and is not eligible for reimbursement as a separate cost by the City. The refund 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 RFP #26-008 Citywide HVAC Maintenance Term Contract 12 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/PAYMENT BOND: NOT REQUIRED 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 contract. Further, 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 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 Contractor not meet the delivery deadline(s) set forth in the specifications or should Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare Contractor in default and terminate the whole or any part of the contract. Upon declaring 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 Contractor shall be liable to the City for any excess costs resulting therefrom. In the event Contractor has been declared in default of a portion of the contract, Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide 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 C. Please note that alternate price proposals will not be accepted unless specifically called for on the Scope of Services and/or Proposal Form. Costs incurred by a Respondent in the preparation of a Proposal in response to this RFP are solely that of the Respondent, and the City assumes no responsibility for such costs incurred by Respondent. The Proposal Form should not be completed in pencil. All entries on the Proposal Form should 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, be RFP #26-008 Citywide HVAC Maintenance Term Contract 13 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 arit hmetical conflict between the unit price stated by Respondent on the Proposal Form and the total price stated by Respondent on the Proposal Form, the unit price 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 Respondent to withdraw its Proposal nor shall it provide a defense constituting discharge of the Bid Security. 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 as non-responsive Proposal Forms that are incomplete or contain information that is not required. 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 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 Respondent gives to any customer for such supplies/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 discounts 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 connection 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 #26-008 Citywide HVAC Maintenance Term Contract 14 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 to the one Respondent according 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 to the purchasing agent (Shannon Hopper, CPPB at shopper@ocoee.org with a copy to the Procurement Manager, Joyce Tolbert, NIGP- CPP, CPPB, FCCM, at jtolbert@ocoee.org) in the following manner: a) A bidder 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: (1) Issues arising from the procurement provisions of the RFP, its addenda, and other bidding documents; and/or (2) 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 bid. 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 agent 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 purchasing agent, 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 the City denies the protest, the City 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. Payment cannot be made until materials, goods , or services have been received and accepted by the City in the quality and quantity ordered. Terms are Net 30 days after receipt of proper invoice. b) Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available for the work. 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. RFP #26-008 Citywide HVAC Maintenance Term Contract 15 12. SAFETY REQUIREMENTS: Respondent guarantees that the services to be performed and the goods to be provided herein 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) Contractor must assure that a certified first aid person is designated, phone numbers of physicians, hospital, and ambulance services are posted (copy to Human Resources/Risk Management 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 equipment 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 Respondent’s status as a Drug-Free Workplace or evidence of an implemented drug-free workplace program. To be submitted with Proposal. A form is 14. CONTRACT: a) The successful Respondent, herein also referred to as Contractor, will be required to enter into a contract with the City along with the terms and conditions included in the proposed contract for the initial period of three (3) years, with two (2) automatic one-year renewals 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 RFP #26-008 Citywide HVAC Maintenance Term Contract 16 scope of work, to any third party or the City’s own employees. Contractor will be expected to cooperate with any or all other contractors who may 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 from 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: Respondent declares by submission of a qualification package that the only persons, 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 of ficial 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. Respondent certifies that no City Commissioner, other City Official or City employee 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 th is paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) Respondent 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, Respondent agrees to immediately notify the City in writing. Submit the attached Conflict of Interest Disclosure Statement. RFP #26-008 Citywide HVAC Maintenance Term Contract 17 Respondent 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. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, Respondent 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 Respondent. The proposal constitutes a firm and binding offer by Respondent 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 leases of real property to a public entity; may not be awarded or perform work as a contractor, su pplier, 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 convicted vendor list.” b) All Respondents that submit a Bid or Proposal to the City of Ocoee are guaranteeing 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 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) 905-3104, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of Contractor. RFP #26-008 Citywide HVAC Maintenance Term Contract 18 19. STANDARD INSURANCE REQUIREMENTS: The successful 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 Ch. 440, 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 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. RFP #26-008 Citywide HVAC Maintenance Term Contract 19 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: Not applicable 8) Certificates of Insurance: Certificate of Insurance Form(s) (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. (Remainder of page intentionally left blank. Sample COI on following page.) RFP #26-008 Citywide HVAC Maintenance Term Contract 20 Please note the current address to be listed for Certificate Holder: City of Ocoee 1 N. Bluford Avenue Ocoee, FL 34761 RFP #26-008 Citywide HVAC Maintenance Term Contract 21 20. EQUIPMENT LISTING: Submit with Proposal - Provide a list of Respondent’s current equipment that will be used to perform the services called for in the Scope of Work of this RFP. Include a description of the equipment, quantity, year, make, model, etc., and whether the equipment is owned or leased. If the equipment is leased, provide the name of lessor. Attach additional sheets if needed. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 21. LIST OF SUBCONTRACTORS: Submit with Proposal - Provide a listing of subcontractors and/or temporary worker agencies. Include the company name, address, federal tax ID No., phone number, and contact name. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ By submitting a Proposal, Respondent certifies it has investigated any listed subcontractor/temporary worker agency, Respondent has received and has in the Respondent’s files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable of technically and financially performing the pertinent work, and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by 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 #26-008 Citywide HVAC Maintenance Term Contract 22 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR CONTRACTS: Submit with Proposal - Provide a minimum of three (3) separate references of current or previous contracts with a similar scope of work to the requested services of this RFP performed by Respondent within the past five (5) years. Respondent must demonstrate the ability to perform services of similar complexity, nature, and size. Respondent may also provide letters of references. For each previous contract provide a description of the scope, its location, contract dates, 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. Attach additional sheets if necessary Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Location: _________________________________________ Awarding Agency:____________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Location: _________________________________________ Awarding Agency:_________________________________________________________ Agency’s Point of Contact: Name and Title: ___________________________________ Phone number: ________________________________ Email address: ________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Location: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: ___________________________________ Phone number:______________________________ Email address: ________________________________ RFP #26-008 Citywide HVAC Maintenance Term Contract 23 Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Location: _________________________________________ Awarding Agency:____________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Does Respondent have any similar work in progress at this time? Yes______ No ______ How long has Respondent been in business? _________ years _________ months Bank or other financial references: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ (Remainder of page intentionally left blank.) RFP #26-008 Citywide HVAC Maintenance Term Contract 24 23. 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 summ ary shall state the nature of the litigation, claim, or contract dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, state none. (Attach additional sheets, if necessary) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ____________________________________________________________________ 24. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No.__________ Dated ________________ No.__________ Dated ________________ No.__________ Dated ________________ No.__________ Dated ________________ (Remainder of page intentionally left blank.) RFP #26-008 Citywide HVAC Maintenance Term Contract 25 25. EXCEPTIONS: Does Respondent have any Exceptions to the Scope of Work or terms of the Contract Documents? Yes _____ No ______ If yes, list any exceptions Respondent has to the Scope of Work and/or the terms of the Contract. Exceptions will not be considered after the RFP has been awarded. The City reserves the right to accept or reject any requested exceptions. If Respondent leaves this section blank, Respondent agrees it has no exceptions. (Remainder of page intentionally left blank.) RFP #26-008 Citywide HVAC Maintenance Term Contract 26 26. SUBMITTALS: The City of Ocoee requests comprehensive responses to every section within this RFP. To facilitate the review of the responses, Respondents s hould 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 for ease of review and evaluation; any missing information will be evaluated accordingly. Submissions should be limited to a total of forty (40) 8.5”x 11” pages (excluding forms), portrait orientation, 12-point font, if possible. The page limit applies to the material contained in Sections 1 and 2 of the proposal, as described below. The person signing the proposal on behalf of the Respondent must 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 requested content in the following order when responding to the RFP. Section 1 – Company Information • Provide name, address, contact (office and emergency contact) information . • Copies of company and employee certifications, licenses and registrations with regulatory agencies, professional organizations, etc. • Provide copies of the appropriate State mechanical, electrical, heating & cooling licenses for the prime and, if applicable, any sub-contractors. • List of sub-contractors, their qualifications, and their role in providing services. See Page 21. Section 2 – Company Experience/References • Provide the Company’s history, number of years in business, the main focus of the company, etc. • Provide a minimum of three (3) recently projects completed within the past five (5) years in Florida. Respondent should demonstrate the ability to perform services of similar complexity, nature, and size as what is requested in this RFP. For each project, provide client name, client contact information, description of service, project budget, start and completion date, etc. See Page 22. • Describe the type and quantity of service vehicles, specialized tools, etc. as relevant to this contract. See Page 21. • List of at least three (3) client references to include organization name, description, contact person, telephone number(s), and e-mail address. • Provide a summary of Litigation in which Contractor was a party to and the outcome for the past five (5) years. See Page 24. • Provide contractor’s ability to meet the response time in the Scope of Work. RFP #26-008 Citywide HVAC Maintenance Term Contract 27 Section 3 – Service Rates Using the Form included in this RFP, provide the following: • Provide a lump sum amount for the annual scheduled 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 invoices. Section 4 – Other Required Content • $1,000 Bid Security OR • In lieu of Bid Security, provide documentation proving 3 years active with Secretary of State. See Page 11. • Acknowledgement of any Addenda. See Page 24. • Exceptions to Scope or Proposed Contract. See Page 25. • All forms listed on Table of Contents. 27. EVALUATION CRITERIA: The criteria for making an award recommendation are: 1) Contractors Experience and References (0 – 50 points) a) Experience with similar service contracts. b) Overall experience of Contractor in AC & Heating maintenance and installation. c) Contractor’s references. d) Ability to meet response time to City’s requests for routine and emergency calls. 2) Contractor’s resources (0 – 30 points) a) Active State licenses in specialty areas (AC & Heating, mechanical, electrical, etc.) b) Number of certified technicians and area of certification. c) Number of service vehicles, spare vehicles, specialized equipment, etc. d) Brand of AC & Heating equipment supported, manufacturer certification (if applicable). 3) Price proposal (0 – 20 points) a) Lump sum price proposal for scheduled maintenance. b) Service call rate for emergency service. c) Contractor mark-up on parts. RFP #26-008 Citywide HVAC Maintenance Term Contract 28 28. 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. Respondents will be notified on the Bonfire platform 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 re sult 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 subsequently executed by both parties. 29. TIME SCHEDULE: The anticipated schedule of events related to this solicitation is: May 31, 2026 RFP advertised June 23, 2026 Last day for questions June 30, 2026 Proposal submission deadline *2-5 days later Proposals distributed to Evaluation Committee *1-2 weeks Evaluation Committee Meeting *Next City Commission Meeting Top-ranked firm recommendation to City Commission *Dates above are an estimate and subject to change at the City’s discretion. End of Section RFP #26-008 Citywide HVAC Maintenance Term Contract 29 EXHIBIT “A” SCOPE OF WORK RFP #26-008 CITYWIDE HVAC MAINTENANCE TERM CONTRACT 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-year automatic renewals and one (1) 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 Tec hnicians, (3) similar experience maintenance/repair term contracts, (4) lump sum amount for scheduled maintenance & service rate for emergency repairs, (5) Contractor’s mark-up on parts, and (6) satisfactory reference check. The Contract requires the Contractor to provide various scheduled maintenance services and emergency repairs for all HVAC units, ice machines, and water coolers city-wide. 1. SCHEDULED QUARTERLY MAINTENANCE Contractor shall visit each unit listed on Exhibit C (list of citywide HVAC, Ice-Machines, and Water Coolers), every 3 months (Quarterly) 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 ensure 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 prov ide 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 #26-008 Citywide HVAC Maintenance Term Contract 30 Contractor should make every attempt to schedule maintenance activities to avoid or minimize interference with City operations and minimize discomfort to City employees. Activities for major HVAC units for City Hall, Police Department, Community and Recreation Centers are to 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 require approval by the Public Works Director and the City Manager on behalf of the City and authorized representa tive on behalf of the Contractor. 2. EMERGENCY RESPONSE Contractor is required to respond to a 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 to a request for service within the specified time period shall constitute violation of the contract and subject to the following penalties: TARDINESS PENALTY 15 – 59 minutes 1/2 of service call rate 60 – 120 minutes 3/4 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. Contract or 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 or designee for review and authorization no later than the next business day and prior to commencement of work. Contractor will submit an invoice after completion of the work that describes the work performed, time called, time arrived, time work completed, labor, and parts. RFP #26-008 Citywide HVAC Maintenance Term Contract 31 3. PERMITS & INSPECTIONS Scheduled maintenance activities and minor repairs will not require a permit. The Contractor shall be responsible for filing the necessary permit application for non - 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. Contractor shall be responsible for scheduling, attending, and completing all necessary inspections to satisfy the permit requirements. 4. 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. 5. 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 #26-008 Citywide HVAC Maintenance Term Contract 32 EXHIBIT “B” PRICE PROPOSAL FORM RFP #26-008 Citywide HVAC 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 No. 1 multiplied by 4 quarters). $_________________________ ____________________________________dollars and ____________________________cents 3. Rate to be charged for service during business hours (Monday-Friday, 7:30 a.m. to 5:30 p.m.): $_________________________ ____________________________________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. Ability to meet the required response time stated in the Scope of Work: Yes No 7. Contractor offers 24-hour live dispatch: Yes No 8. List other items and amounts that will appear on invoices: _____________________ ____________________________________________ __________________________________________________________________ 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 LOCATION, ADDRESS MAKE MODEL SERIAL No.TYPE OF UNIT CITY HALL 1 N. BLUFORD AVE MITSUBISHI PUY-AK12NL 42U012497H1A36 MINI SPLIT OCOEE, FL MITSUBISHI PUY-A12NKA7 48U35001D MINI SPLIT TRANE TRUYA0181KA70NA 0XU004327H1B30 MINI SPLIT TRANE TRUYA0181KA70NA 03U011627H1B30 MINI SPLIT TRANE TRUYA0121KA70NA 16U019137H1A30 MINI SPLIT TRANE CGAM U21F86000 CHILLER TRANE CGAM U21F86001 CHILLER TPKA0A0121LA00A 18M0205050TLLR CHILLER TPKA0A0181LA00A 15M0022465TLLS CHILLER CSAA030UAL00 K21C05235 CHILLER CSAA017UAL00 K21C05247 AHU TPKA0A0181LA00A 17M0132765TLLS AHU CSAA021UAL00 K21C05241 AHU TPKA0A0181LA00A 17M0159865TLLS AHU TPKA0A0181LA00A 18M0163565TLLS AHU PKAA12LA1 AHU PKAAL12NL 51M0029265TQL0 AHU CLINIC/PARKS 150 N LAKESHORE TRANE CSAA021UAM00 KO4825871 AHU OCOEE, FL 34761 TRANE TTA15043DAA03BS01 24265621YA UNIT 1 CONDENSER TRANE TTA15043DAA03B501 24265619YA UNIT 2 CONDENSER LAKESHORE CENTER 125 S LAKESHORE YORK AE60CBD12C W1F8909307 AHU OCOEE, FL 34761 YORK YLAA0058HE17XFBBC 11551L85739245 CHILLER CARRIER 39M6STW05LMHB6XX1X 3813U35328 AHU YORK YCE60B215A W1K8138740 CONDENSER YORK AE60CBD21C W1F8909307 AHU HVAC EXHIBIT "C" LIST OF HVAC SYSTEMS, ICE MACHINES, AND WATER COOLERS RFP 26-008 LOCATION, ADDRESS MAKE MODEL SERIAL No.TYPE OF UNIT MAGUIRE HOUSE 16 E OAKLAND AVE CARRIER 38ARQ008---501 4209G0075 CONDENSER OCOEE, FL 34761 CARRIER 40RMQ008---B611HC 3909U20907 AHU CARRIER 25HCB336A300 2809E20943 AHU CARRIER FY4ANF036 4109A69656 CONDENSER GOODMAN GPC1460H41EC 20051157763 PACKAGE VIGNETTI CENTER 1910 ADAIR ST TRANE DAX12043AA AHU OCOEE, FL 34761 TRANE GSZB406010AB CONDENSER TRANE GSZB406010AB CONDENSER FIRE STATION #38 1916 ADAIR ST GOODMAN GPC14060H41EC PACKAGE PACKAGE OCOEE, FL 34761 VIGNETTI CONCESSION 1910 ADAIR ST TRANE 4TYK6524A10N0BA 150901593X COND(MINI SPLIT) OCOEE, FL 34761 TRANE 4MYW6524A10N0BA 15053115X AHU (MINI SPLIT) TOM ISON CENTER 1701 ADAIR ST AMANA ASX140601KB 16053262130 CONDENSER OCOEE, FL 34761 AMANA ASPT61D14AA 1603064940 AHU GOODMAN G52140601KE 1803177369 CONDENSER AMANA ASPT61D14AC 1803067094 AHU CARRIER 38CKC036350 4305E31080 CONDENSER CARRIER 38CKC036350 4205E23476 CONDENSER CARRIER FA4BNF036 4605A71908 AHU CARRIER FA4MNF036 3605A71914 AHU HVAC EXHIBIT "C" LIST OF HVAC SYSTEMS, ICE MACHINES, AND WATER COOLERS RFP 26-008 LOCATION, ADDRESS MAKE MODEL SERIAL No.TYPE OF UNIT WW MGMT ADMIN 1810 AD MIMS YORK HMH72B481S C3R9PG1141 CONDENSER OCOEE, FL 34761 YORK HMH72B601S C3R6PG0182 CONDENSER YORK AE60DBC21G W2D2323952 AHU YORK RXB12AAXVJU K045679 COND(MINI SPLIT) DAIKIN EVAP (MINI SPLIT) OCOEE WWTP 1800 AD MIMS LENNOX KCA120S4BN3Y 5615J04753 PACKAGE OCOEE, FL 34761 BARD W36A1-B00 310L133060957-02 PACKAGE MITSUBISHI MSY-D30NA 4001885 AHU MITSUBISHI MUYD30NA 4001381T CONDENSER PUBLIC WORKS 301 MAGUIRE RD CARRIER 40RN-012-B611HC 2706U15111 AHU OCOEE, FL 34761 CARRIER 38ARD012-501 2206G40165 CONDENSER CARRIER FA4CNF024 2806A46549 AHU CARRIER 24ABR324A310 0706E10895 CONDENSER YORK YCE60B21SA W2C2192716 CONDENSER YORK AE60CBD22G W2F1130233 AHU FIRE STATION #39 2515 S MAGUIRE RD AMANA ASPT29B14AB 1709266986 AHU OCOEE, FL 34761 AMANA ASX1402416A 1610211347 CONDENSER CARRIER 50TC0008A2B5A0A0A0 3911930399 PACKAGE FIRE STATION #26 1500 N CLARKE RD TRANE TSC012053E0A0C0000 154410797L PACKAGE OCOEE, FL 34761 GOODMAN ARUF024-00A1A 50642781 AHU GOODMAN CKL24IL 504136674 CONDENSER HVAC EXHIBIT "C" LIST OF HVAC SYSTEMS, ICE MACHINES, AND WATER COOLERS RFP 26-008 LOCATION, ADDRESS MAKE MODEL SERIAL No.TYPE OF UNIT FIRE STATION #25 563 S BLUFORD AVE AMANA ASPT61014AC 1709319178 AHU OCOEE, FL 34761 AMANA ARUF66D14AC 1806360962 AHU AMANA ARUF18B14AB 1407196430 AHU YORK F2FP042N06B XKMS266489 AHU YORK F2FP048N06B XGMS183834 AHU YORK F2FP048N06B XHM5207662 AHU DAIKIN DAT09043AA 220414325 AHU YORK HIRA042525A WNMM039910 CONDENSER YORK HIRA048525A WANM045231 CONDENSER DAIKIN DX11TA0903AA 2109203268 CONDENSER GOODMAN G5X140481KD 18070700704 CONDENSER GOODMAN GSX130181ED 1406396221 CONDENSER GOODMAN GSC130241FC 1407042447 CONDENSER YORK H1RA048S25A WMLM036844 CONDENSER AMANA ASX140601KC 1706148530 CONDENSER JIM BEECH CENTER 1820 AD MIMS TRANE TWE042C14FC0 P216L7C1V AHU OCOEE, FL 34761 TRANE TWE060913FB0 P1332G01V AHU WEATHER KG WBHA24J11NFBA1 TM070005280 AHU TRANE TWE120A300B0 P1435RC5H AHU TRANE TTA042D300A0 P163K8DFF CONDENSER TRANE TTA042D300A0 P105TBC2F CONDENSER GOODMAN GSXN404210AB 2403138710 CONDENSER CARRIER 38AR0012501 4609G4011B CONDENSER CARRIER 50K4B-40-46A4B0A0 925445220 PACKAGE YORK YCE60B21SA W2A1635123 CONDENSER YORK AE60DX21G W2D1926960 AHU HVAC EXHIBIT "C" LIST OF HVAC SYSTEMS, ICE MACHINES, AND WATER COOLERS RFP 26-008 LOCATION, ADDRESS MAKE MODEL SERIAL No.TYPE OF UNIT POLICE DEPARTMENT 646 OCOEE COMMERCE PAYNE PA13NR036-H 3708X72925 CONDENSER OCOEE, FL 34761 CARRIER FB4CNF060 4211AB4079 AHU CARRIER FB4CNF060 0312A85547 AHU CARRIER FY4AN84735 0510A84735 AHU CARRIER FB4CNF060 2311A85230 AHU LENNOX CB21V-65-2P 5894F26080 AHU LENNOX CB21V-51-2P 5894H13567 AHU CARRIER 24ABB360A520 4311E00703 CONDENSER CARRIER 24ABB360A520 0512E01199 CONDENSER CARRIER 25HBC360A500 1110E19072 CONDENSER LENNOX HP29-048-7Y 5806K01145 CONDENSER CARRIER 24ABB360A520 2111E21170 CONDENSER LENNOX HP29-060-7Y 5807A09603 CONDENSER LENNOX HP29-048-7Y 5806K01145 CONDENSER BARD WH184-A04 433J213885011-02 PACKAGE AMANA ASPT59C14AC 1905228286 AHU AMANA ASX140481KC 1904343261 CONDENSER STORAGE CENTER 1107 WURST RD GOODMAN ARUF364216AB 707716789 AHU OCOEE, FL 34761 GOODMAN ARUF364216AA 612660712 AHU GOODMAN GSC130421AC 709053507 CONDENSER GOODMAN GSC130421AC 709053508 CONDENSER HVAC EXHIBIT "C" LIST OF HVAC SYSTEMS, ICE MACHINES, AND WATER COOLERS RFP 26-008 LOCATION, ADDRESS MAKE MODEL SERIAL No.TYPE OF UNIT OCOEE LITTLE LEAGUE 570 FLEWELLING AVE BARD W42A2-A00 318L163364621-02 PACKAGE OCOEE, FL 34761 HACKNEY PRAIRIE WATER PLANT 8590 HACKNEY PRAIRIE FRIDRICH WE12A33E-A LBCR 19003 OCOEE, FL 34761 OCOEE WATER TREATMENT 2567 MAGUIRE RD BARD WA242A00WWW3M 140G5201482402 PACKAGE OCOEE, FL 34761 BARD WA242A00WWW3M 140C05201482502 PACKAGE SOUTH WATER PLANT 581 MAGUIRE RD YORK YEE36B21SA W2F1165048 CONDENSER OCOEE, FL 34761 YORK AE36BBA21G W2M1676657 AHU HVAC EXHIBIT "C" LIST OF HVAC SYSTEMS, ICE MACHINES, AND WATER COOLERS RFP 26-008 LOCATION, ADDRESS MAKE MODEL SERIAL No. CITY HALL ICE O MATIC ICE U 150HA2 D438-00455-Z PUBLIC WORKS ICE O MATIC ICE0500HA5 13O51280011387 FIRE STATION 1 MANITOWOC S400 30320606 FIRE STATION 2 MANITOWOC S400 30320108 FIRE STATION 3 ICE O MATIC KC400HAPB1 V711202983Z WASTE WATER PLANT HOSHIZAKI KM500MAH M25674K JIM BEECH CENTER SCOTSMAN C0522MA-11B 12O81320016710 TOM ISON CENTER SCOTSMAN CU15265A-1A 13O61320010307 LOCATION, ADDRESS MAKE MODEL SERIAL No. CITY HALL HALSEY 74158365001 FLEET-PUBLIC WORKS OASIS P8AM-D101 22351165 FIRE STATION 1 SUNROC FIRE STATION 2 ELKAY FIRE STATION 3 ELKAY WASTE WATER PLANT ELKAY POLICE DEPARTMENT HALSEY 79158365001 POLICE DEPARTMENT HALSEY POLICE DEPARTMENT HALSEY 4421855001 POLICE DEPARTMENT HALSEY HAC-8FS-Q 940534183 WATER PLANT ELKAY PUBLIC WORKS EBCO DP7WMPE 8413068415 JIM BEECH CENTER ELKAY EFSTL81B 70431118 TOM ISON CENTER ELKAY EXFSTL81B 60416583 CLINIC HALSEY HTV-8-Q-TTG PUBLIC WORKS ELKAY EZFSTLR81B 60912311 PUBLIC WORKS ELKAY EXZFSTLR81B 60823551 WATER COOLERS ICE MACHINES EXHIBIT "C" LIST OF HVAC SYSTEMS, ICE MACHINES, AND WATER COOLERS RFP 26-008 RFP #26-008 Citywide HVAC Maintenance Term Contract 40 RFP #26-008 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS MAY RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. SIGN BELOW ATTESTING YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS. THE PERSON SIGNING THIS FORM SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY IN A LEGAL CONTRACT. __________________________________ __________________________________ COMPANY NAME TELEPHONE (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)______________ STATE OF COUNTY OF Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization this ________day of ____________________, 20____. Personally Known___________ or Produced Identification_________ ____________________________ (Type of Identification) ___________________________ Signature of Notary Public ___________________________ Printed, Typed or Stamped Commissioned Name of Notary Public RFP #26-008 Citywide HVAC Maintenance Term Contract 41 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 con viction 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 assistance 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 #26-008 Citywide HVAC Maintenance Term Contract 42 CONFLICT OF INTEREST DISCLOSURE FORM Award of this contract is subject to the provisions of Chapter 112, Florida Statutes, and all applicable federal, state, and local laws. All Bidders must disclose within their bid: 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 Bidder’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder 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, Bidder 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 #26-008 Citywide HVAC Maintenance Term Contract 43 NON-COLLUSION AFFIDAVIT , being first duly sworn deposes and says: 1. He/She is the (Owner, Partner, Office, Representative or Agent) of , the Bidder that has submitted the attached Bid; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Bidde r, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrains from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price in any other Bidd er, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in i nterest, including this affidavit. By: Title: STATE OF COUNTY OF Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ____________, 202___, by ___________________ who ☐ is personally known to me or ☐ has presented _________________ as identification. Notary Public My Commission Expires: RFP #26-008 Citywide HVAC Maintenance Term Contract 44 CERTIFICATION OF NONSEGREGATED FACILITIES Bidder certifies that he/she does not maintain or provide for its employees any segregated facilities at any of its establishments, and that employees are not permitted to perform their services at any location, under this control, where segregated facilities are maintained. Bidder certifies further that it will not maintain or provide for employees any segregated facilities at any of its establishments, and that Bidder will not permit its employees to perform their services at any location under Bidder’s control where segregated facilities are maintained. Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressi ng areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. Bidder agrees that (except where Bidder has obtained identical certification from proposed subcontractors for specific time periods) Bidder will obtain identical certifications from proposed subcontractors, if any, prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Bidder will retain such certifications in its files. The nondiscriminatory 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 Unit ed States Secretary of Labor are incorporated herein. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20___. Bidder: _______________________________ By: (Title) Official Address (including Zip Code): RFP #26-008 Citywide HVAC Maintenance Term Contract 45 CERTIFICATION REGARDING SCRUTINIZED COMPANIES’ LISTS Bidder certifies that the company is not participating in a boycott of Israel. Bidder certifies that Bidder is not on the 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, and is not 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 Bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, Bidder 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. Bidder agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. City shall have the right to terminate any contract resulting from this solicitation for default if Bidder 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. Bidder: ___________________________________ By:__________________________________________________ (Authorized Signature) Printed Name and Title:___________________________________ Date:_________________________________________________ RFP #26-008 Citywide HVAC Maintenance Term Contract 46 HUMAN TRAFFICKING AFFIDAVIT The undersigned, on behalf of Contractor, hereby attests as follows: 1. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the City of Ocoee from executing, renewing, or extending a contract to entities that use coercion for labor or services. 2. Contractor hereby attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. I, the undersigned, am an officer or representative of the non -governmental entity named below, and hereby represent that I: make the above attestation based upon personal knowledge; am over the age of 18 years and otherwise competent to make the above attestation; and am authorized to legally bind, and make the above attestation on behalf of, the Contractor. Under penalties of perjury, I declare that I have read the forgoing document and that the facts stated in it are true. Bidder: By: Print Name: Print Title: _____________________________ STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this _____ day of ______________ , 202__ , by ______________________, as _______________________ of __________________ , who is ☐ personally known to me or ☐ produced _______________________________ as identification. Notary Public Signature (Seal) Print Notary Name: ______________________ My Commission Expires: RFP #26-008 Citywide HVAC Maintenance Term Contract 47 COMPANY NOT AN ENTITY OF FOREIGN COUNTRY OF CONCERN For purposes of this affidavit, "foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Madur o, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. The undersigned, on behalf of the entity listed below hereby attests under penalty of perjury as follows: 6. I am over the age of 18 and I have personal knowledge of the matters set forth herein. 7. I am an officer or representative of ________________________ (hereinafter “Entity”), and I am authorized to provide this affidavit on its behalf. 3. Entity is not owned by the government of a foreign country of concern. 4. No government of a foreign country of concern has a controlling interest in Entity. 5. Entity is not organized under the laws of or has its principal place of business in a foreign country of concern. 6. If, at any time in the future, Entity does become owned by a foreign country of concern, if a foreign country of concern acquires a controlling interest in Entity, or Entity becomes organized under the laws of or relocated to a foreign country of concern, Entity will immediately notify the City of Ocoee and no contracts may be executed, renewed, or extended between the parties. 7. I have read the foregoing affidavit and confirm that the facts stated in it are true, and are made for the benefit of, and reliance by the City of Ocoee. Further Affiant sayeth naught. Authorized Signature: Printed Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged  by physical means /  by electronic means before me this day of 20__, by , who  is personally known to me /  presented as identification and who  did /  did not take an oath. Notary Public Signature (Seal) Print Notary Name: ______________________ My Commission Expires: RFP #26-008 Citywide HVAC Maintenance Term Contract 48 EXHIBIT “E” PROPOSED AGREEMENT FOR RFP #26-008 CITYWIDE HVAC MAINTENANCE TERM CONTRACT THIS AGREEMENT FOR CITYWIDE HVAC MAINTENANCE TERM CONTRACT (“Agreement”) is made this day of __ _, 20___, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 1 N. Bluford Ave., Ocoee, Florida 34761 (hereinafter referred to as “City”) and , a ___________ corporation, whose mailing address is (hereinafter referred to as “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 #26-005 (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 (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 Ci ty 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. RFP #26-008 Citywide HVAC Maintenance Term Contract 49 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: AP@ocoee.org City of Ocoee, Accounts Payable, 1 North Bluford Avenue, Ocoee, Florida 34761-2258. All invoices must be clearly marked: City Agreement #RFP Citywide HVAC Maintenance Term Contract. Section 5. General Conditions. A. Patents and Copyrights: Contractor will 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: Performance of Work under this Agreement may be terminated by City, in whole or in part, in writing, whenever City shall determine that Contractor has failed to meet the performance requirements of this Agreement. 1) 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. 2) 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. 3) 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. 4) 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 er rors. RFP #26-008 Citywide HVAC Maintenance Term Contract 50 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 o r 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 representa tive, 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 RFP #26-008 Citywide HVAC Maintenance Term Contract 51 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 C ity, except that the Contractor may disclose any such information to its corporate affiliates and their agents. I. Safety Measures: 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 wo rkers and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. J. Extra Work: 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 RFP #26-008 Citywide HVAC Maintenance Term Contract 52 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. 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 beco me 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 W ork 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 RFP #26-008 Citywide HVAC Maintenance Term Contract 53 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 Contrac t 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. E-VERIFY By entering into this Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termi nation of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. If the Contract is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law O. PUBLIC RECORDS COMPLIANCE: The City of Ocoee (“City”) is a public agency subject to Chapter 119, Florida Statutes. Contractor agrees to comply with Florida’s Public Records Law. Specifically, Contractor shall: 8. Keep and maintain public records required by City to perform the service. 9. Upon request from City’s custodian of public records, provide 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 Statute s, or as otherwise provided by law. RFP #26-008 Citywide HVAC Maintenance Term Contract 54 10. 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 Contractor does not transfer the records to City. 11. Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of City. 12. 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407 -905-3105, CCDL@OCOEE.ORG, WITH AN OFFICE LOCATE D AT 1 NORTH BLUFORD AVE., OCOEE, FLORIDA 34761. (Signature page follows) RFP #26-008 Citywide HVAC Maintenance Term Contract 55 IN WITNESS WHEREOF, Contractor and City have caused this Agreement for Citywide Hvac Maintenance Term Contract to be executed by their duly authorized officers as of the day and year first above written. CONTRACTOR: ____________________________________ BY:________________________________________________ PRINT NAME: ______________________________________ TITLE: _____________________________________________ WITNESSES: NAME: NAME: TITLE: TITLE: CITY: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson, 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____________ , 2026, under this day of , 2026 Agenda Item ______ FISHBACK DOMINICK BY: Richard S. Geller, Esq., City Attorney END OF SECTION RFP #26-008 Citywide HVAC Maintenance Term Contract 56 EXHIBIT “F” BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ____________________ ______________________, as Principal, and as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ ____________ (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 20__. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the RFP #26-008 Citywide HVAC Maintenance Term Contract. NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney’s fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or RFP #26-008 Citywide HVAC Maintenance Term Contract 57 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in th e aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Suret y thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of thi s Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer, or proposal as applicable. RFP #26-008 Citywide HVAC Maintenance Term Contract 58 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Strike out (X) non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP, complete this signature block. (Individual's Signature) (Individual's Signature) doing business as (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) RFP #26-008 Citywide HVAC Maintenance Term Contract 59 If Bidder is PARTNERSHIP, complete this signature block. (Partnership Name) (General Partner’s Signature) (General Partner’s Name) (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) 2) (Witness) (SEAL) RFP #26-008 Citywide HVAC Maintenance Term Contract 60 If Bidder is CORPORATION, complete this signature block. (Corporation Name) (State of Incorporation) By: (Name of Person Authorized to Sign - See Note 1) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) RFP #26-008 Citywide HVAC Maintenance Term Contract 61 SURETY (Surety Business Name) (Principal Place of Business) By: (Surety Agent’s Signature - See Note 2) (Surety Agent’s Name) (Surety Agent’s Title) (Business Name of Local Agent for Surety) (Business Address) (Telephone No.) (Bond No.) Witness: (If agency is not a Corporation) (1) (Witness) (2) (Witness) Attest: (If Agency is a Corporation) (Corporate Secretary Signature) (Corporate Secretary Name) (Corporate Seal) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. RFP #26-008 Citywide HVAC Maintenance Term Contract 62 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF ) COUNTY OR CITY OF ) Before me, a Notary Public, came by means of ☐ physical presence or ☐ online notarization known to me, and known to be the Attorney-in-Fact of , a Corporation, which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of . (Surety Company) Given under my hand and seal this day of , 20___. (Notary Public) My Commission Expires END OF SECTION Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 June 18, 2026 ADDENDUM NO. ONE (1) CITY OF OCOEE RFQ #26-008 HVAC MAINTENANCE TERM CONTRACT This addendum shall modify and become a part of the original RFP Documents. This addendum consists of one (1) page. Respondents should acknowledge receipt of this addendum in the space provided in the RFP Documents. Failure to do so may subject the Respondent to disqualification. The submission deadline remains the same. Answers to questions received and Amendments to the RFP Documents are as follows: Q1. Does ice machine maintenance include changing water filters? If so, does the contractor provide them, or will the district provide? A1 No. Ice machine maintenance does not include changing water filters. Q2. Do the ice machine bins need to have all the ice removed every 3 months and be cleaned and sanitized? A2. Yes. Q3: Do the ice machines need to have ice machine cleaner and sanitizer run through the lines every 3 months? A3. Yes. Q4: Is there any scope of work that should be performed on the Water Coolers? A4. No. City staff will contact the Contractor when issues arise with a water cooler. : Q5. Regarding HVAC Equipment “Clean all refrigerant Coils as necessary,” Is it ok to clean the coils once a year as the manufacturer recommends? A5. Yes. Addendum 01 – RFP 26-008 HVAC Maintenance Term Contract Q6. Regarding HVAC Equipment, “Check refrigerant level and add refrigerant to AC & Heating units as necessary,” Is there a limit to how much refrigerant can be added at one time? Should the price be figured upfront? Or if refrigerant needs to be added, would that be a separate service ticket to be turned in. A6. If low refrigerant is discovered, contractor should NOT add refrigerant to the unit without prior approval. Rather Contractor must immediately contact the Public Works Facility Manager or his designee to discuss the issue how the contractor is to proceed. Any repairs not covered under maintenance would be a separate service ticket which require prior approval from the Public Works Facility Manager or his designee prior to the start of work. Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Steve Krug, Public Works Director Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 June 25, 2026 ADDENDUM NO. TWO (2) CITY OF OCOEE RFQ #26-008 HVAC MAINTENANCE TERM CONTRACT This addendum shall modify and become a part of the original RFP Documents. This addendum consists of one (1) page. Respondents should acknowledge receipt of this addendum in the space provided in the RFP Documents. Failure to do so may subject the Respondent to disqualification. The submission deadline remains the same. Answers to questions received after the question cutoff deadline are as follows: Q1. Can we provide a Surety Letter showing we can get the bond, instead of sending a check? A1 No. Please refer to the Bid Security section located on Page 11 of the RFP Documents for information about what is acceptable to submit as bid security. Q2. Is there any chance of getting an extension of a week on this proposal? A2. The Submission Deadline remains the same. Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Steve Krug, Public Works Director