HomeMy WebLinkAboutItem 04 Award of RFP #05-003 for Air Conditioning & Heating Maintenance Term Contract
AGENDA ITEM COVER SHEET
Meeting Date: 11/01/05
Item # y
Contact Name:
Contact Number:
cJIg-
q;tL
Subject: Award of RFP #05-003 Air Conditioning & Heating Maintenance Term Contract
Joyce Tolbert
1516
Reviewed By:
Department Director:
City Manager:
----- --....
Background Summary:
In compliance with policies and procedures of the City ofOcoee Purchasing Code Chapter 21, a Request for Proposals (RFP)
was advertised with the intention to select a company deemed to be the most highly qualified to provide preventative
maintenance, routine and emergency repairs of air conditioning and heating units to the City as part of a three year term
contract.
It is estimated that the Public Works/Facilities Maintenance Division operating budget includes $10,000 annually for
preventative maintenance, with an additional $10,000 - $20,000 annually for the repairs and parts.
Issue:
A ward the term contract for Citywide Air Conditioning and Heating Maintenance Term Contract to Apple Air Conditioning &
Heating, Inc., as recommended by the Selection Committee.
Recommendations
Staff recommends that the City Commission award RFP #05-003 to Apple Air Conditioning & Heating, Inc., per the Selection
Committee recommendation, and to authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents
between the City and Apple Air Conditioning & Heating Inc. once the Contractor has obtained the required insurance
coverage.
Attachments:
1. RFP #05-003
2. Apple Air Proposal
3. American Standard Trane Proposal
4. Thermetrics
5. Shaw Mechanical Proposal
6. RFP Checklist
7. RFP Evaluation Form
Financial Impact:
Included in Public Works/Facilities Operating Budget
Type of Item: (please mark with an "x")
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Devl Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
X Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
2
City Manager
Robert Frank
Commissioners
Gary Hood, District I
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
DATE:
The Honorable Mayor and City Commissioners
Joyce Tolbert, Purchasing Agen~
October 24, 2005
TO:
FROM:
RE:
A ward of RFP #05-003 Air Conditioning & Heating Maintenance Term Contract
ISSUE
A ward the term contract for Citywide Air Conditioning and Heating Maintenance Term Contract to Apple Air
Conditioning & Heating, Inc., as recommended by the Selection Committee.
BACKGROUNDIDISCUSSION
In compliance with policies and procedures of the City ofOcoee Purchasing Code Chapter 21, a Request for Proposals
(RFP) was advertised with the intention to select a company deemed to be the most highly qualified to provide
preventative maintenance, routine and emergency repairs of air conditioning and heating units to the City as part of a three
year term contract.
It is estimated that the Public W orkslFacilities Maintenance Division operating budget includes $10,000 annually for
preventative maintenance, with an additional $10,000 - $20,000 annually for the repairs and parts.
The Finance Department reviewed the proposals and all were considered responsive. Complete copies of all proposals are
available in the Finance Department for your review. All four (4) proposals were evaluated by the RFP selection
Committee, which consisted of three (3) members: Robert Zaitooni, Public Works Director; Terry Reed, Facilities
Maintenance Supervisor; and Ed Bishop, Finance Manager.
The public RFP selection committee meeting was held on October 13, 2005 to short-list the companies based on their
proposals. Each member of the Selection Committee evaluated and ranked the firms from 0-100 points on specific
evaluation criteria, with a total of 300 possible points. Please see the attached evaluation form and checklist. The short-
listed firms and their cost proposals were as follows:
I. Apple Air Conditioning & Heating, Inc.
2. American Standard Trane
3. Thermetrics
4. Shaw Mechanical
$8,600/annual maintenance
$28,500/annual maintenance
$25,000/annual maintenance
$39,780/annual maintenance
$65.00/hr $65.00/Non-Business Hr
$68.00Ihr $1 02.00/Non-Business Hr
$70.00/hr $95.00/Non-Business Hr
$74.00/hr $III.OO/Non-Business Hr
2
EVALUATION FORM
RFP #05-003
Citywide AIC and Heating Maintenance Term Contract
COMBINED TOTALS....FOR FINANCE DEPT USE ONLY
Evaluation Criteria
Location of Service
Office
(0-90 points)
Contractor's
Resources
(0-60 points)
Price Proposal
(0-90 points)
Contractor's
Experience
(0-60 points)
COMBINED TOTALS
53
75
57
41
41
38
39
40
43
78
30
47
43
41
38
38
COMBINED TOTAL
ALL EVALUATORS
(0-300) Rank
180
2
166
3
232
1
164
4
RFP #05-003
CITYWIDE AIR CONDITIONING AND HEATING MAINTENANCE TERM CONTRACT
9/22/05 2:00 pm
Addendum NO.1 yes, by use of
Acknowledgment yes addendum bid form yes yes
yes, signed but
Submission Requirements yes yes yes not notarized
Bid Security cashier's check cashier's check cashier's check cashier's check
License Check yes yes yes yes
Annual Maintenance Cost $ 28,500.00 $25,000.00 $8,600.00 $ 39,780.00
Normal Rate $68.00/hr $70.00/hr $65.00/hr $74.00/hr
Non-Business Hr Rate $102.00/hr $95.00/hr $65.00/hr $111.00/hr
Distance to City Hall 10 miles 23 miles 3.2 miles 8 miles
Contractor offers 24hr Live
Dispatch yes yes yes yes
RFP 05-003
PRICE PROPOSAL SHEET
CITY-WIDE AC & HEATING MAINTENANCE TERM CONTRACT
1. Lump sum amount for quarterly maintenance for all items listed on EXHIBIT A:
$ 2,/5'"0.00
TWO.7!f"."s,..wlJ, ~.A.JI!-II",,Io)I1tt..tftl flF'if dollars and
.NO
cents
2. Lump sum amount for annual maintenance for all items listed on EXHIBIT A:
(Bid Item number 1 amount multiplied by (4) quarters).
$ 8'/600.00
EIG.11 T. THu"1JIf",)/j Jot" -H4.tAlIJ'('E/J
dollars and
.A!Q
cents
3. Rate to be charged for service during business hours (Monday-Friday, 8:00 AM to 5:00PM):
$ 65.00
>/ xT'7-,c/vE
dollars and
,NO
cents
4. Rate to be charged for service during non-business hours & holidays:
$ 65. 6 0
5 I X T Y - "cl Ih=-
dollars and
ftO
cents
5. Mark-up or discount offered for parts: .3 ~
% Mark-up 10
%Discount
6. Distance in one-way miles from Contractor's Service office to City Hall: 3. 2
7. Contractor offers 24-hour live dispatch:! Yes
Miles
No
The City reserves the right to delete any portion o/the bid items above in order to meet budget constraints.
A P fl.. E A I fl C (H.)I) I Tie.;...) II) t... +- N!' It T,/.) G- / '7>.) C .
Company Name
C(11C- OS b 'is' 36
Contractor's License Number
PET E r<.. L. /.. A '/ T /J E /G , ::i tt.. .
Authorized Officer ( rint)
q~22~ 0<:)
Date
Fm:Onvia,com Inc To: Amber Martin (14078353399)
15:04 09/09/05 EST Pg 2-
RFP 05-003
PRICE PROPOSAL SHEET
CITY-WIDE AC & HEATING MAINTENANCE TERM CONTRACT
1. Lump sum amount for quarterly maintenance for all items listed on EXHIBIT A:
$ '1, (} '1(: c-c)
I
Ml'ftrTlfc uS;~I.!]) FoR,,! P1<k[lullars and ,,-
2. Lump sum amount for annual maintenance for all items listed on EXHffiIT A:
(Bid (tern number 1 amount multiplied by (4) quarters).
--
cents
$ 51 7gt.~" OC,)
f
7J!..tR7 IIIIhTHf)a9IiJP%oJG'v~H1fOlJa..s and
.-
cen ts
3. Rate to be charged for service during business hours (Monday-Friday, 8:00 AM to 5:00 PM):
$ f 4,0-':>
<~, IJ~Sry -f=o,.rf- dollars and cents
4. Rate tlJ be charged for servicc during nun-business hours & holidays:
$ 111.00
6~l-frJ~.i)R:vf) (3=L.f!f:l/GJ
dollars and
cents
5. Mark-up or discount offered for parts:
2,.,0
"I., Mark-up
%Discount
6. Distance in one-way miles from Contractor;),erVice office to City Hall:
7. Contractor offers 24-huur live dispatch:J0res _No
cg
Miles
The City re,w!rves the rig'" to delete UIIY portiolJ of the hid items ubove in ol'der to meet bl/dgel L'On,\'lr/Jjnt.~.
SHAw (vIrCtlfJNlc:Al- z?t~0(~
Company Name
eMf.... f 'Z...49LCf'1
Contractor's License Number
D AVI /,;) L <;'~N-A J
AU'd::?n\r ~
Authorized Signature
Se;p r: L 2 I 740 ~
Date ' "
- -.~,,,.__........--~~
.-
I
Section 3-a
II
I
RFP 05-003
PRICE PROPOSAL SHEET
CITY-WIDE AC & HEATING MAINTENANCE TERM CONTRACT
I
1. Lump sum amount for quarterly maintenance for all items listed on EXHmIT A:
$6,250.00
I Six thousand two hundred fifty dollars and no
2. Lump sum amount for annual maintenance for all items listed on EXHmIT A:
(Bid Item number 1 amount multiplied by (4) quarters).
cents
I
$25,000.00
I
Twentv five thousand
dollars and no
cents
I
3. Rate to be charged for service during business hours (Monday-Friday, 8:00 AM to 5:00 PM):
$ 70.00
I
Seventy
dollars and
no
cents
4. Rate to be charged for service during non-business hours & holidays:
I
$ 95.00
Ninety five
dollars and
no
cents
I
I
5. Mark-up or discount offered for parts: 30 % Mark-up %Discount
a 1.3 mu1tip1ier above wholesa1e cost
6. Distance in one-way miles from Contractor's Service office to City Hall: 23 Miles
7. Contractor offers 24-hour live dispatch:xi\'es
No
I
I
The City reserves the right to delete any portion of the bid items above in order to meet budget constraints.
Thermetrics Corporation
Company Name
I
eKC 057220
Contractor's License Number
I
I
';k:.,.>i
Authorized Signature
I
09-21-05
Date
I
Fm:Onvia.coI Inc To: David Eveland (14076600303)
15:04 09/09/05 EST Pg 2-
RFP 05-003
PRICE PROPOSAL SHEET
CITY-WIDE AC & HEATING MAINTENANCE TERM CONTRACT
1. Lump sum amount for quarterly maintenance for all items listed on EXHIBIT A:
$ 7.125.00
Seven Thousand One Hundred Twenty Five
~d'911arsand
Zero
cents
2. Lump sum amount for annual maintenance for all items listed on EXHIBIT A:
(Bid Item number I amount multiplied by (4) quarters).
$
28,500
Twenty Eight Thousand Five Hundred
Zero
cents
dollars and
3. Rate to be chaJ'ged for service during business hours (Monday-Friday, 8:00 AM to 5:00 PM):
68/h r
$
Sixty EIght
Zero
dollars and
cents
4. Ratc to be charged for service during non-business hours & holidays:
102/hr
$
One Hundred Two
Zero
cents
10 ( Trane Parts List)
oj,.niscoun t
dollars and
15 (Generic Parts)
5. Mark-up or discount offered for parts: % Mark-up
6. Distance in one-way miles from Contractor's Service office to City Hal1:10
X
7. Cuntractor offers 24-huur live dispatch:_Yes Nu
Miles
TIle Oty reserves the right to delete any portion of the bid item.~ ahove in ordt'T' to meet blldget constraint....
TRANE
Company Name
CMC1249304
Contractor's License Number
David C. Eveland
Authorized Officer (print)
.::r-:>y {l.. Ct.--.--€
Authorized Signature
1-- 20 oj-
Date
Mavor
S. Scott Vandergrift
center of Good L' .
<\.~e It'l~
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
City Manager
Robert Frank
CITY OF OCOEE
REQUEST FOR PROPOSALS
RFP 05-003
CITY-WIDE
AIR CONDITIONING & HEATING MAINTENANCE
TERM CONTRACT
City ofOcoee. l50 N Lakeshore Drive. Ocoee, Florida 3476l
phone: (407) 905-3l00 . fax: (407) 656-8504. www.cLocoee.f1.us
Mavor
S. Scott Vandergrift
ceuter of Good L .
<\.~e Jt'i~
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
City Manager
Robert Frank
September 9,2005
ADDENDUM NO: ONE (1)
CITY OF OCOEE
RFP #05-003
CITYWIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
This addendum shall modify and become a part of the original RFP Documents for citywide air
conditioning and heating mamtenance term contract. This addendum is a result of the questIOns from
the pre-bid conference held on September 7, 2005. Bidders shall acknowledge receipt of this
Addendum in the space provided in the bid documents. Failure to do so may subject the Bidder to
disqualification.
Challl!:es and/or Clarifications to the bid documents are as follows:
1. RFP Price Proposal Sheet. Pa2e 18
Delete page 18 in its entirety and replace with the attached page that adds a bid
item for annual maintenance lump sum amount.
2. RFP Pa2e 5. Section 4 - Insurance
Change to read, "The successful respondent "Contractor" shall provide proof of insurance
meeting or exceeding the City's requirements as defined on pages 13-15 of the Request for
Proposal package. Providing a sample insurance certificate from the current insurer containing
the details of this policy with your company's bid is optional."
All respondents shall acknowledge receipt of this addendum in the space provided on the RFP.
Joyce Tolbert, CPPB
Purchasing Agent
Attachment: Revised Page 18, Price Proposal Sheet
City of Ocoee . 150 N Lakeshore Drive' Ocoee, Florida 34761
phone: (407) 905-3l00' fax: (407) 656-8504. www.ci.ocoee.fl.us
RFP 05-003
PRICE PROPOSAL SHEET
CITY-WIDE AC & HEATING MAINTENANCE TERM CONTRACT
1. Lump sum amount for quarterly maintenance for all items listed on EXHIBIT A:
$
dollars and
cents
2. Lump sum amount for annual maintenance for all items listed on EXHIBIT A:
(Bid Item number 1 amount multiplied by (4) quarters).
$
dollars and
cents
3. Rate to be charged for service during business hours (Monday-Friday, 8:00 AM to 5:00 PM):
$
dollars and
cents
4. Rate to be charged for service during non-business hours & holidays:
$
dollars and
cents
5. Mark-up or discount offered for parts:
% Mark-up
%Discount
6. Distance in one-way miles from Contractor's Service office to City Hall:
Miles
7. Contractor offers 24-hour live dispatch:_Yes
No
The City reserves the right to delete any portion o/the bid items above in order to meet budget constraints.
Company Name
Contractor's License Number
Authorized Officer (print)
Authorized Signature
Date
Mayor
S. Scott Vandergrift
center of Good L. .
<\.~e It-'l~
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
Citv Manager
Robert Frank
September 9, 2005
ADDENDUM NO: ONE (1)
CITY OF OCOEE
RFP #05-003
CITYWIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
This addendum shall modify and become a part of the original RFP Documents for citywide air
conditioning and heating mamtenance term contract. This addendum is a result of the questIOns from
the pre-bid conference held on September 7, 2005. Bidders shall acknowledge receipt of this
Addendum in the space provided in the bid documents. Failure to do so may subject the Bidder to
disqualification.
Cham~es and/or Clarifications to the bid documents are as follows:
1. RFP Price Proposal Sheet. Pa2e 18
Delete page 18 in its entirety and replace with the attached page that adds a bid
item for annual maintenance lump sum amount.
2. RFP Pa2e 5. Section 4 - Insurance
Change to read, "The successful respondent "Contractor" shall provide proof of insurance
meeting or exceeding the City's requirements as defined on pages 13-15 of the Request for
Proposal package. Providing a sample insurance certificate from the current insurer containing
the details of this policy with your company's bid is optiona1."
All respondents shall acknowledge receipt of this addendum in the space provided on the RFP.
Joyce Tolbert, CPPB
Purchasing Agent
Attachment: Revised Page 18, Price Proposal Sheet
City ofOcoee. l50 N Lakeshore Drive. Ocoee, Florida 3476l
phone: (407) 905-3l00 . fax: (407) 656-8504. www.cLocoee.fl.us
RFP 05-003
PRICE PROPOSAL SHEET
CITY-WIDE AC & HEATING MAINTENANCE TERM CONTRACT
1. Lump sum amount for quarterly maintenance for all items listed on EXHIBIT A:
$
dollars and
cents
2. Lump sum amount for annual maintenance for all items listed on EXHIBIT A:
(Bid Item number 1 amount multiplied by (4) quarters).
$
dollars and
cents
3. Rate to be charged for service during business hours (Monday-Friday, 8:00 AM to 5:00 PM):
$
dollars and
cents
4. Rate to be charged for service during non-business hours & holidays:
$
dollars and
cents
5. Mark-up or discount offered for parts:
% Mark-up
%Discount
6. Distance in one-way miles from Contractor's Service office to City Hall:
Miles
7. Contractor offers 24-hour live dispatch:_Yes
No
The City reserves the right to delete any portion of the bid items above in order to meet budget constraints.
Company Name
Contractor's License Number
Authorized Officer (print)
Authorized Signature
Date
Mayor
S. Scott Vandergrift
center of Good L .
'\.~e l~i~
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
City Manager
Robert Frank
September 9,2005
ADDENDUM NO: ONE (1)
CITY OF OCOEE
RFP #05-003
CITYWIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
This . ~dd~ndum shall. modify and become a part of t~e original R~P Documents for citywide air
condItIOnmg and heatmg mamtenance term contract. ThIs addendum IS a result of the questIOns from
the pre-bid conference held on September 7, 2005. Bidders shall acknowledge receipt of this
Addendum in the space provided in the bid documents. Failure to do so may subject the Bidder to
disqualification.
Chane:es and/or Clarifications to the bid documents are as follows:
1. RFP Price Proposal Sheet. Pae:e 18
Delete page 18 in its entirety and replace with the attached page that adds a bid
item for annual maintenance lump sum amount.
2. RFP Pae:e 5. Section 4 - Insurance
Change to read, "The successful respondent "Contractor" shall provide proof of insurance
meeting or exceeding the City's requirements as defined on pages 13-15 of the Request for
Proposal package. Providing a sample insurance certificate from the current insurer containing
the details of this policy with your company's bid is optional."
All respondents shall acknowledge receipt of this addendum in the space provided on the RFP.
Joyce Tolbert, CPPB
Purchasing Agent
Attachment: Revised Page 18, Price Proposal Sheet
City of Ocoee . 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3l 00 . fax: (407) 656-8504 . www.ci.ocoee.tl.us
RFP 05-003
PRICE PROPOSAL SHEET
CITY-WIDE AC & HEATING MAINTENANCE TERM CONTRACT
1. Lump sum amount for quarterly maintenance for all items listed on EXHIBIT A:
$
dollars and
cents
2. Lump sum amount for annual maintenance for all items listed on EXHIBIT A:
(Bid Item number 1 amount multiplied by (4) quarters).
$
dollars and
cents
3. Rate to be charged for service during business hours (Monday-Friday, 8:00 AM to 5:00 PM):
$
dollars and
cents
4. Rate to be charged for service during non-business hours & holidays:
$
dollars and
cents
5. Mark-up or discount offered for parts:
% Mark-up
%Discount
6. Distance in one-way miles from Contractor's Service office to City Hall:
Miles
7. Contractor offers 24-hour live dispatch:_Yes
No
The City reserves the right to delete any portion of the bid items above in order to meet budget constraints.
Company Name
Contractor's License Number
Authorized Officer (print)
Authorized Signature
Date
BID DOCUMENTS
3
4 thru 6
7 thru 15
Legal Advertisement
Request For Proposal #RFP05-003
General Terms & Conditions
SCOPE OF WORK/BID FORM
16 thru 17
18
19
Scope of Services
Bid Form
Company Information/Signature Sheet
EXHIBITS
20 thru 22
23
Exhibit A - List of Units
Exhibit C - Draft Contract
END OF TABLE OF CONTENTS
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
2
LEGAL ADVERTISEMENT
Ocoee City Commission
Sealed bids will be accepted for RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING
MAINTENANCE TERM CONTRACT, no later than 2:00 P.M., local time, on September 22, 2005. Bids
received after that time will not be accepted or considered. No exceptions will be made. The City reserves the
right to reject any and all bids and waive informalities.
The City ofOcoee, Florida, in conformance with the policies and procedures of the City ofOcoee (City) is
soliciting bids from qualified and licensed contractors that have experience in providing the necessary services
for routine & emergency repair, and installation of air conditioning and heating systems throughout the City.
This will be an annual contract, renewable up to three (3) years.
The City intends to award a contract to a single contractor qualified and licensed in the State of Florida based on
(l) response time to routine and emergency calls, (2) number of certified AC & Heating Technicians, (3)
distance from Contractor's office to City Hall, (4) similar experience maintenance/repair term contracts, (5)
service rates for scheduled maintenance & emergency repairs, (6) Contractor's mark-up on parts, and (7)
satisfactory reference check.
A Pre-Bid Conference will be held on September 7, 2005, at 9:00 AM to 12:00 Noon, local time, at City Hall
Conference Room, 150 N Lakeshore Drive, Ocoee, Florida. Contractors may inspect the units during this time
period only.
Bid Bond: A certified check or bid bond shall accompany each bid. The certified check or bid bond shall be
for $1,000.00 and shall be made payable to the City ofOcoee as a guarantee that the Bidder will not withdraw
for a period of (90) days after bid closing time and will sign a Contract with the City for the Bid Price.
Contractors shall submit one (1) original and three (3) copies of the required RFP documents plainly marked
with the appropriate RFP number and opening date and time. Proposals will be received at the City of Ocoee,
Attn: Purchasing Agent, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258.
Interested Contractors may secure a copy of the bid documents through Demandstar by accessing the City's
website at www.ci.ocoee.fl.us under Finance/Purchasing, or copies are available from the Purchasing Agent for
a non-refundable reproduction and/or administrative fee of $20.00. Checks should be made payable to the
City of Ocoee. Copies via e-mail are not available and partial sets of bid documents will not be issued.
No fax or electronic submissions will be accepted.
City Clerk
AUGUST 21, 2005
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
3
CITY OF OCOEE, RFP 05-003
CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE
TERM CONTRACT
INTENT:
Proposals for RFP #05-003 will be received by the City of Ocoee, hereinafter called "the City", by any
contractor, person, firm, corporation or agency submitting a proposal for the work proposed, hereinafter called"
the Contractor".
The proposed term contract will be for the purpose of providing scheduled maintenance for the City AC &
heating units, emergency repair, and emergency replacement of units, and shall provide for all labor, services,
coordination, supervision, parts/materials, equipment, supplies and incidentals for a complete service as
required by the City of Ocoee as listed under the "Scope of Services" section of this RFP.
PROPOSAL INSTRUCTIONS:
A. The proposer shall furnish one (1) original and two (2) copies of a proposal that at a minimum contain
the following required information:
Section 1 - Company Information
1) Provide name, address, contact (office and emergency contact) information for the prime and all
sub-contractors.
2) If more than one (1) office, state the location of the headquarters and the office responsible for this
contract and the distance in nearest one-way miles from the responsible office to Ocoee City Hall.
3) Provide copies of the appropriate State mechanical, electrical, heating & cooling licenses for the
prime and sub-contractors (if applicable).
4) Provide the number and the names of certified technicians, the office where they are located, and
the area of expertise and certification.
Section 2 - Company Experience
1) Provide company history, number of years in business, the main focus of the company, etc.
2) Provide at least five (5) recent (past 3 years) projects in Florida. For each project, provide client
name, client contact information, description of service, project budget, and date completed.
3) Describe the type and quantity of service vehicles, specialized tools, etc. as relevant to this contract.
4) State and describe any litigation to which the Contractor was a party to and the outcome for the past
three (3) years.
Section 3 - Service Rates
1) Provide a lump sum amount for the annual scheduled maintenance for all units listed on "Exhibit A
- List of AC & Heating Units, Ice Machines, and Water Coolers; on "Bid Form A" provided.
2) Provide loaded service rates, dollars per hour for regular (non-emergency) call outs and emergency
call outs as described under "Scope of Services."
3) Provide percentage mark-up for parts.
4) Describe and provide amount for any other fees, travel expenses (if any), delivery charge,
surcharges, disposal fees, etc. that may appear on company invoice.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
4
Section 4 - Insurance
1) Provide proof of insurance meeting or exceeding the City's requirements. Provide a sample
insurance certificate from the current insurer containing the details of the policy.
Section 5 - Additional Information
1) Provide any additional relevant information to the type of work proposed in this RFP package that is
not provided elsewhere in the RPF package.
B. Any questions or concerns regarding this RFP should be addressed in writing to the Finance
Department, City of Ocoee, FL, Attention: Joyce Tolbert, Purchasing Agent (407) 905-3100, extension
1516 and fax (407) 656-3501 or email jtolbert@ci.ocoee.f1.us, and shall be received not later than
September 7, 2005. Any clarifications/changes will be made in the form of written addenda only, issued
by the Finance Department. Proposers shall not contact other City staff or other City consultants for
information before the award date. Any contact with any other member of the City Staff, City
Commission, or its Agents during this time period may be grounds for disqualification.
C. This RFP must be received as one (1) original and two (2) copies of the required RFP documents only,
by the Finance Department not later than 2:00 P.M., local time, on September 22, 2005. RFP's
received by the Finance Department after the time and date specified will not be considered, but will be
returned unopened. "Postage Due" items will not be accepted. RFP's or any information transmitted by
fax or e-mail will not be accepted. RFP's shall be delivered in a sealed envelope, clearly marked with
the RFP number, title, and opening date and time to:
City of Ocoee
Finance Department
Attention: Purchasing Agent
150 N Lakeshore Drive
Ocoee, FL 34761-2258
D. RFP's will be reviewed by a 3-member selection committee appointed by the City Manager and will be
ranked in accordance with the established selection criteria. Date, time, and location of any scheduled
selection committee meeting(s) for this RFP will be announced publicly. The selection committee shall
recommend ranking of the proposals and recommendation for selection to the City Commission for
approval. Please be aware that all City Commission meetings are duly noticed public meetings and all
documents submitted to the City as a part of a bid constitute public records under Florida law.
E. All Proposers shall thoroughly examine and become familiar with the this RFP package and carefully note
the items which must be submitted, such as bid security, list of ReferencesfExperience, list of
Subcontractors, equipment listing, summary of litigation, any other information specifically called for in
RFP.
F. Submission of a proposal shall constitute an acknowledgment that the proposer has complied with
Paragraph E. The failure or neglect of a proposer to receive or examine a document shall in no way
relieve it from any obligations under its bid or the contract. No claim for additional compensation will be
allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the
scope of work. All items quoted shall be in compliance with the contract documents/scope of work.
G. A Pre-Bid Conference will be held on September 7, 2005, at 9:00 AM to 12:00 Noon at City Hall Room
109. Contractors may inspect the units during this time period only.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT 5
H. Any response by the City to a request for clarification or correction will be made in the form of a written
addendum which will be mailed, e-mailed or faxed by Demandstar to all parties to whom the RFP package
have been issued. The City reserves the right to issue Addenda, concerning date and time of review
committee meeting, clarifications, or corrections, at any time up to the date and time set for RFP
submission. In this case, RFP's that have been received by the City prior to such an addendum being issued,
will be returned to the proposer, if requested, unopened. In case any proposer fails to acknowledge
receipt of any such Addendum in the space provided on the Addendum and fails to attach the
Addendum to their proposal, 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. Proposers are cautioned that any other source by which a proposer
receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City.
1. Any of the following causes may be considered as sufficient for the disqualification and rejection of a
proposal:
a) Submission of more than one (1) proposal for the same work by an individual, firm, partnership or
corporation under the same or different name. For purposes of this subparagraph, firms, partnerships
or corporations under common control may be considered to be the same entity;
b) Evidence of collusion between or among the proposers;
c) Being in arrears on any existing contracts with the City, or litigation with the City or having
defaulted on a previous contract with the City;
d) Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on
prior projects which, in the City's judgment and sole discretion, raises doubts as to the proposer's
ability to properly perform the work; or
e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify
disqualification of proposer or the rejection of its proposal.
No proposal mav be withdrawn and all proposed prices shall remain firm for a period of ninety
(90) davs after the time and date scheduled for the proposal deadline.
The City reserves the right to accept or reject any or all proposals, to waive informalities or
irregularities, to request clarification of information submitted in any proposal, or to readvertise
for new proposals. The City may accept any item or group of items of any proposal.
The City will make an Award, in its absolute and sole discretion to the most responsible and
responsive proposer whose proposal, in the City's opinion, will be most advantageous to the City,
price and other factors considered. The City reserves the right, to aid it in determining which
proposal is responsible, to require a proposer to submit such evidence of 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 proposer, including past performance
(experience) with the City and others. The City Commission shall be the final authority in the
award of any and all proposals.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
6
GENERAL TERMS & CONDITIONS:
1. BID SECURITY:
a) Each bid must be accompanied by a cashier's/certified check upon an incorporated bank or trust
company or a bid bond in an amount of $1,000.00. A combination of any of the former is not
acceptable. Cash will not be accepted as bid security. The cashier's check or bid bond is submitted
as a guarantee that the bidder, 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 bidder will not withdraw its bid for a
period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with
the accepted bid and bid documents.
b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or
bidder'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 bid invitation after issuance of Notice of intent or
recommendation to award by the City, then such bidder 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.
c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety acceptable
to the City and authorized to do business in the State of Florida and signed by a Florida licensed
resident agent who holds a current Power of Attorney from the surety company issuing the bond.
d) The cost of the required bond and required insurance coverage is to be included in the bidder's
overhead and is not eligible for reimbursement as a separate cost by the City.
e) The checks of the three (3) most favorable bidders will be returned not later than three (3) days after
the City and the successful bidder have executed the contract for work. The remaining checks will be
returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request
following the same criteria as a check.
2. PERFORMANCE AND PAYMENT BONDS
None Required.
3. PRICING:
A. General
Pricing should be provided as indicated on the Scope of W ork/Price Proposal Sheet attached, to include any
alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the Scope
of W ork/Price Proposal Sheet. A total shall be entered for each item proposed. In case of a discrepancy
between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation
of a response to this proposal is solely that of the bidder and the City assumes no responsibility for such
costs incurred by the bidder.
By submission of this proposal, the proposer certifies, and in the case of a joint proposal, each party
thereto certifies as to its own organization, that in connection with this procurement:
a) The proposer 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.
b) The prices in this RFP have been arrived at independently, without consultation, communication, or
agreement for the purpose of restricting competition, as to any matter relating to such prices with
any other proposers or with any competitor;
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
7
I
c) Unless otherwise required by law, the prices wpich have been provided in this RFP have not been
knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to
opening, directly or indirectly to any other prop1ser or to any competitor;
d) No attempt has been made or will be made byl the proposer to induce any other person or firm to
submit or not to submit a proposal for the p~rpose of restricting competition. Every contract,
combination or conspiracy in restraint of trade or commerce in this State is unlawful (Florida
I
Statutes, Section 542.18 and all applicable ~eder~l regulations);
e) Proposer warrants the prices set forth herein do: not exceed the prices charged by the bidder under a
I
contract with the State of Florida Purchasing Division; and
f) Proposer agrees that supplies/services furnished under this price proposal, if awarded, shall be
covered by the most favorable commercial warranties the proposer 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 contract award.
B. Cost Escalation
The contract labor rates shall be escalated 3% upon renewal of the contract each year. All other provisions
of the contract shall remain constant for the life of the contract.
4. 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 bids. However, offered discounts will be taken for less than 30 days if payment is
made within discount period.
b) In connections with any discount offered, time will be computed from date of
delivery and acceptance at destination, or from the date correct invoice is received
in the office of Finance, whichever is later. Payment is deemed to be made, for
the purpose of earning the discount, on the date of City Check.
5. 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 bid opening, same will be disposed of in the best interest of the City.
See "Scope of Services" section.
6. AWARD CRITERIA:
The contract will be recommended to be awarded to the overall most responsive and responsible
proposal according to the following criteria:
a) Location of service office (0 - 30 points)
1) Distance (one-way miles) from contractor's office responsible for providing service to
the City Hall.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT 8
2) Response time to City request for emergency and non-emergency service.
b) Contractor's resources (0 - 20 points)
1) Active State licenses in specialty areas (AC & Heating, mechanical, electrical, etc.)
2) Number of certified technicians and area of certification.
3) Number of service vehicles, spare vehicles, specialized equipment, etc.
4) Brand of AC & Heating equipment supported, manufacturer certification (if applicable).
c) Price proposal (0 - 30 points)
1) Lump sum price proposal for scheduled maintenance.
2) Service call rate for emergency service.
3) Contractor mark-up on parts.
d) Contractors experience (0 - 20 points)
1) Experience with similar service contracts.
2) Overall experience of Contractor in AC & Heating maintenance and installation.
3) Contractor's references.
The City of Ocoee may waive technicalities or irregularities, reject any or all proposals, and/or accept that
proposal(s) that is in the best interest of the City, with price, qualifications and other factors taken into
consideration. The City reserves the right to award the Contract to the Contractor which, in the sole discretion
of the City, is the most responsive and responsible Contractor, price, qualifications and other factors considered.
However, the City specifically reserves the right to accept other than the lowest responsible and responsive
proposal when the City considers that to be, in its sole and absolute discretion, in the best interests of the City.
7. LITERATURE:
If required by the proposal, or the specifications, descriptive literaturelbrochures 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.
8. PROTESTS:
The City's Finance/Purchasing Department will consider Protests seeking contract award, damages,
and/or any other relief. Any proposer seeking to file a Bid Protest SHALL use the following
procedures:
1. A proposer SHALL file a written Protest under this Article, or be barred any relief.
2. A Protest: (a) must be in writing (oral protests will NOT be acknowledged); (b) the content of
the Protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief
requested; and (c) The Protest shall be filed with the Purchasing Agent not later than three (3) calendar
days after the posting of the notice of intent to award or recommendation of award by staff.
3. After a Protest has been properly filed with the City, the City, by and through its
Finance/Purchasing Department shall make a determination on 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 the award ofthe Contract unless enjoined by order of a Court of competent jurisdiction.
4. A Protest SHALL be limited to the following grounds: (a) issues arising from the procurement
provisions of the Project Manual and/or the Proposal Package or Contract Documents; and/or (b)
applicable federal, state or local law. No Protest may be based upon questions concerning the design
documents. The proposer shall clarify all such questions concerning the design of the project prior to
submitting its proposal.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT 9
9. PAYMENT TERMS:
For scheduled quarterly maintenance, payment shall be based on invoices presented by the Contractor
after completion of all work as approved by the Public Works Director. If additional repairs are needed
as determined during the scheduled quarterly maintenance and authorized by the Public Works Director,
Contractor shall submit an itemized invoice describing work performed and clearly indicating the labor
and parts. See Scope of Services/Assignment Procedures Section.
For emergency service, Contractor shall submit an itemized invoice upon completion of the work
describing the work and clearly identifying the labor and parts in accordance with the terms of the
contract.
Payment for work completed will be made within (30) days of approved invoice.
No payment will be made for materials ordered without proper authorization. Payment shall not be
made until materials, goods or services, have been received and accepted by the City in the quality and
quantity ordered.
Any contract resulting from this solicitation is deemed effective only to the extent of
appropriations available.
The City of Ocoee, Florida has the following tax exemption certificates assigned:
. Florida Sales & Use Tax Exemption Certificate No. 58-00-094593-54C; and
. The City is exempt from federal excise, state, and local sales taxes.
10. CONTRACT:
The successful proposer hereinafter referred to, as "Contractor" will be required to enter into a contract
with the City ("the Agreement"). The City may in its sole discretion award any additional work,
whether in the existing areas, or in any additional area, to any third party, or such work may be
performed by the City's employees. Contractor will be expected to cooperate with any or all other
Contractors who may be performing work for the City. The form of Contract will be an AlA AI05 form
of Contract that has been modified for use by the City for this Project.
11. SAFETY REQUIREMENTS:
The Bidder guarantees that the services to be performed and the goods to be provided herein, shall
comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees,
including without limitation such of the following acts as may be applicable: Federal Consumer Product
Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous
Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental
regulations.
a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S.
Department of Labor, Occupational Safety and Health Administration (OSHA) Construction
Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction
work.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
10
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) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and
ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is
available.
d) All individuals are required to wear hard hats on all construction sites.
e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats,
safety glasses, respirators, ear protection, long pants and shirts, etc.).
t) 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 secured to prevent displacement.
i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear
protection as well as to ensure that all unauthorized personnel are well clear.
j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and
combustible materials cleaned up.
k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c
) load chart, (d) reeving, (3) fire extinguisher, (t) condition of hook and other items in accordance
with OSHA 1926.550 and ANSI B30.5.
I) Construction material shall not be stored so as to block exits.
m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent
wiring of the building.
n) Personal fall protection must be provided at elevations exceeding ten (10) feet.
0) Per City Ordinance, any Contractor using construction dumpsters within the
City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc.
12. DRUG-FREE WORKPLACE:
If applicable, provide a statement concerning the Bidder's status as a Drug-Free Work Place or evidence
of an implemented drug-free workplace program.
13. CERTIFICATION OF NON-SEGREGATED FACILITIES
The Bidder certifies that it does not and will not maintain or provide for the bidder's employees any
segregated facilities at any of the bidder's establishments and that the bidder does not permit the
bidder's employees to perform their services at any location, under the bidder's control, where
segregated facilities are maintained. The 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 room, work areas, time clocks,
locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for
employees which are segregated on the basis of race, color, religion, national origin, habit, local custom,
or otherwise. The bidder agrees that (except where the bidder has obtained identical certification from
proposed contractors for specific time periods) the bidder will obtain identical certifications from
proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity clause, and that the bidder will retain such certifications in
the bidder's files.
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
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
11
implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated
herein.
14. STATEMENT OF AFFIRMATION AND INTENT:
The bidder declares 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 official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or
indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in
restraint of free competitive pricing in connection with the entity's submittal for the above project. This
statement restricts the discussion of pricing data until the completion of negotiations and execution of
the Agreement for this project.
The bidder 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 this paragraph, indirect ownership or benefit
does not include ownership or benefit by a spouse or minor child.)
The 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, the bidder agrees to immediately notify the City in
writing.
The bidder further declares that a careful examination of the scope of services, instructions, and terms
and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid
documents, and will meet or exceed the scope of services, requirements, and standards contained in the
Bid documents.
Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with the
City, bidder offers and agrees that if this negotiation is accepted, the bidder will convey, sell, assign, or
transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter
acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to
the particular commodities or services purchased or acquired by the City. At the City's discretion, such
assignment shall be made and become effective at the time the City tenders final payment to the bidder.
The bid constitutes a firm and binding offer by the bidder to perform the services as stated.
15. PUBLIC ENTITY CRIME STATEMENT:
All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as
defined by Section 287.012(16), 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 on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of public
building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold amount
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
12
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."
All bidders that submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that
they have read the previous statement and by signing the bid documents are qualified to submit a
bid under Section 287.133, (2)(a), Florida Statutes.
16. PERMITS/LICENSES/FEES:
a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate
payments will be made.
b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's
Protective Inspections Department at (407) 905-3100 extension 1000, directly for information
concerning this requirement.
c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility
of the contractor. See "Scope of Services" section.
17. INSURANCE TERMS & CONDITIONS:
The Contractor shall not commence any work in connection with the Agreement until all of the following types of
insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow
any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor
has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by
companies authorized by subsisting certificates of authority issued to the companies by the Department of
Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or
better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies
authorized as a group self-insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which
may represent a deductible in any insurance policy. The payment of such deductible shall be the sole
responsibility of the General Contractor and/or subcontractor providing such insurance.
b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's
Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the
Contractor's employees connected with the work of this project and, in the event any work is sublet, the
Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. Such
insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees
engaged in hazardous work under the Agreement 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 Iniury 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
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
13
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 ofOcoee
3) Subcontractor's Comprehensive General Liability. Automobile Liability and Worker's Compensation
Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this
subcontract, insurance of the type specified above or insure the activities of these subcontractors in the
Contractor's policy, as specified above.
4) Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the
named insured's liability that arises out of operations performed for the named insured by independent
contractors and are directly imposed because of the named insured's general supervision of the independent
contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the
following limits: $1,000,000 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: WITH RESPECT TO 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:
. $100,000 Any (1) Location
. $1,000,000 Any (1) Occurrence
8) Certificates ofInsurance: Certificate ofInsurance Form (see sample attached), 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:
. The name ofthe 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.
. Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material
changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation
for non-payment of premium.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING. MAINTENANCE TERM CONTRACT
14
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AH'f REQI,JtAEMENT, TEAM OR COHDIT1ON OF INf CQN'T'AACT OR 0'" DOCUMENT W1TH R&sPECT TO WHICH lttlS CEATJFlCATE MAY II ISSUED OR
w,y PERTAIN. THE IHSURAHCE AFFORDeD IYTHE POUCIE.S OESCRJ8ED tER&IN 19 SUBJECT TO All THE TERNS. &.XCt.umNl ...,0 CONDITIONS OF SUCH
POlICIES. AGGREGAte LMTI SttOWN WOV HAve IEEN MOUCED av PAlO ClAIMS.
CTRIiiiim -
rlPIOf'_E POLICY NUllllEII T UIoITI
~EIIAL l.WIUTY I eACH OCCUAAfNCE . S 1, DAD, 000
X ..!.. 31l11otERClAC G1!NI!lW. UABIUTY PREMISES ............1 '50,000
- CtIoIIolS MAllE [!] OCCUR ME[)i)(P(AnyCMptr1DF1) 15.000
I PERSONAl-l/UN INJURY 11,000,000
GENERAL AGGREBATS. 12,OO.ll~
nmAG'7~E;;nll~ PROO\JCTS . COMPJOP AGO 12.000,000
POlICY X l.OG
~~E ........m COMBINED SIHGL.lll.fMIT S 1,000,000
,.!. N<Y AU1'O (Eo .""'..,
f.- All. OWNED AUTOS 8001. V INJURV
.
SCHEClJt.EO AUTOS 1...._1
~
,.!. H1AEtl AUT06 8OOlI. V 0lJIJflY 1
,.!.. NON-OWNED AUTOS ,.........-1
.. -
---- PROPERTY DAMAGe ,I
I I............J
RAAAMUA8un , AUTO ON\. Y . EA ACCtOEffT 1
NN AUTO OTMEA THAN ""Ace 1
AUTO ONl V: AGO 1
EXc;uwMIIllI!CLA l.IAllIUTV EACH OCCUMENCe 11.000.000
x t!J OCCUR 0 ClAlN8Ilo\OE AGGREGATE S 2,000,000
I R ~Eoo:n8lE I S -
.
, I\ETEIIT1ON S S
WORKERS CQMNNSATIOM ANO x~v:v,~1 \U'"
EMP\.OYERI' \..IMIJTV E"L. EACH ACCIOINT 1500,000 I
ANf flROPRtETOfWARTNEfWXECVTI'tIe I
OFF1CERiME-'< EllCl.UOIIll1 jU.DI8E1ooSE.""E"!'-OVEE 1 500.000
~~S""" i E.L.01SEAS/!.POUCV""lfI 1 500,000
OTH"
Builders Risk Any 1 Loc 100,<XXl
Anv 1 Occ 1.000.000
OF OPIJitAT1OHS' LOCATJONIi I YEHlCLU' OClU$lOMS ADDED II't EHDORSEMIHT' .,1CtAL ~
Tbe insurance evidenced by tbis certificate sball name tbs certificate
bolders e. an additional insured on tbe General Liability ~ umbrells
Liability. Workers' Coq>ensation. IIIIployers ' Liability ~ General Liability
sball contain a Waiver of Subrogetion in favor of the certificate holder.
The certificete bolder is .dded .s a nmrl .in3lXe:1 fir BliJ.d:J:B RiSt.
CERTIflCA Tl! HOUlER
COVERAGES
OCOllllOl
CANCELLATION
SHOULD Nf't OF THI MOVE OUCRJ8EO flOUCIII III CAHCILLED llUOM THI 1XPtRATlC)t\.
DATlTHlItIOf, 'MI$I\JWO INSUMftWR.L IND'fAVOR TO MAIL !!L- DAYS~
MCTICETO THlC:.fImRCATI HOU:II:R HANIDTOTHI LUT,IUT FM.URI TO 00 SO SKALL
_ fie ClUOAT1CIIl OR l.IA8IUTV Ol' _1OIIll1ll'OH Ti<E lNSll1Wl.ITS AGENTS 0It
_A_
Al1THQJUlED RlI'USlMTATlVE
city of ocoee
150 N. Laksshore Drive
oco.e ~L 34761-2259
ACORD %$ (20011C8)
S~PLc
C ACORD CORPORATlON 19S(
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
15
CITY OF OCOEE
SCOPE OF SERVICES
RFP 05-003 CITY-WIDE AC & HEATING 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. This will be an annual contract, renewable at the option of the City for an additional two
(2) years, for a total of three (3) years.
The City intends to award a contract to single qualified and licensed contractor based on factors including, but
not limited to (1) response time to routine and emergency calls, (2) number of certified AC & Heating
Technicians, (3) distance from Contractor's office to City Hall, (4) similar experience maintenance/repair term
contracts, (5) lump sum amount for scheduled maintenance & service rate for emergency repairs, (6)
Contractor's mark-up on parts, and (7) satisfactory reference check.
The Contract requires the Contractor to provide various scheduled maintenance services and emergency repairs
for all AC & Heating units, Ice Machines, and Water Coolers City-wide.
1. Scheduled Quarterly Maintenance
Contractor shall visit each unit listed on Exhibit A (list of city-wide AC & Heating, Ice-Machines, and Water
Coolers), every 3-months and perform the following minimum tasks:
a) Clean all refrigerant coils
b) Clean blower wheels and fan blades
c) Clean pan and condensation drains.
d) Check refrigerant level and add refrigerant as necessary
e) Check and adjust belts
f) Check current amperage draw for all motors
g) Check bearings in motors for wear
h) Clean or replace filters as necessary
i) Electrically check compressor motor windings for breakdown
j) Visually inspect electrical parts and connections
k) Exercise machinery for all possible functions to insure proper function
1) Visibly inspect ducts and pipes for damage and contaminants
Upon completion of the scheduled maintenance, Contractor shall submit a report indicating the condition of all
units inspected and providing a list of items in need of repair and cost of repair in accordance with the terms of
the Contract. Upon authorization to proceed, Contractor shall make the necessary repairs within 5 working days
of the authorization.
Contractor shall make every attempt to schedule maintenance activities to avoid or minimize interference with
City operations and minimize discomfort to the City employees. Activities for major AC & Heating Units for
City Hall, Police Department, Community and Recreation Centers shall be scheduled for non-business hours if
the maintenance requires shut down of the system.
City may add additional units to the list provided on Exhibit A at a negotiated charge to satisfaction of both
parties. Revisions to the list shall require approval by the Public Works Director and the City Manager on
behalf of the City and authorized representative on behalf of the Contractor.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
16
2. Emergency Response
Contractor is required to respond to request for service under emergency conditions within 2 hours of the
request. Contractor shall provide 24-hours live dispatch service or a 24-hour cellular number for a licensed and
qualified "on-duty" technician for contact by City staff.
If calls for service are answered by voicemail, the maximum wait time for a call back to a recorded voicemail
shall be 15 minutes which shall be included in the 2-hour response time. Failure to respond in specified time
period to a request for service shall constitute violation of the contract subject to the following penalties:
Tardiness Penalty
15 to 60 minutes Y2 of Service call Rate
60 to 120 minutes % of service call rate
More than 120 minutes No charge for service call
Three (3) or more violations in a 12-month period may result in termination of the contract at the discretion of
the City.
The "on-duty" technician shall have the means to diagnose the trouble and make temporary repairs as needed to
make the system operational. Major repairs and part replacement shall begin no later than the next business day
or as soon as the part is available. Contractor shall maintain adequate diagnostic equipment and an inventory of
common parts for immediate repairs at all times.
For repairs or replacement exceeding $1,499.99, Contractor shall submit a written proposal to the Public Works
Director for review and authorization no later than the next business day and prior to commencement of work.
Contractor shall submit an invoice after the completion of the work, which shall describe the work performed,
time called, time, arrived, time work complete, labor, and parts.
PERMITS & INSPECTIONS
Scheduled maintenance activities and minor repairs not-to-exceed $1,500.00 will not require a permit. The
Contractor shall be responsible for filing the necessary permit application for non-emergency major component
(exceeding $1,500.00) replacement with the City's Building Department. Under emergency conditions, the
permit may be filed within 48-hours ofthe service call. The City permit fees are waived for this purpose.
The Contractor shall be responsible for scheduling, attending, and complete all necessary inspections to satisfy
the permit requirements.
LICENSES
All contractors and sub-contractors proposed for this project shall be fully licensed in their discipline in the
State of Florida as required by Florida law. A copy of the license for the prime and all sub-contractors shall
accompany the bid. Failure of the firm to follow the guidelines specified above may result in disqualification
from the selection process.
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
17
RFP 05-003
PRICE PROPOSAL SHEET
CITY-WIDE AC & HEATING MAINTENANCE TERM CONTRACT
1. Lump sum amount for quarterly maintenance for all items listed on EXHIBIT A:
$
dollars and
cents
2. Rate to be charged for service during business hours (Monday-Friday, 8:00 AM to 5:00 PM):
$
dollars and
cents
3. Rate to be charged for service during non-business hours & holidays:
$
dollars and
cents
4. Mark-up or discount offered for parts:
% Mark-up
%Discount
5. Distance in one-way miles from Contractor's Service office to City Hall:
Miles
6. Contractor offers 24-hour live dispatch:_Yes
No
The City reserves the right to delete any portion of the bid items above in order to meet budget constraints.
Company Name
Contractor's License Number
Authorized Officer (print)
Authorized Signature
Date
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
18
RFP #05-003 COMPANY INFORM A TION/SIGNA TURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID.
PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND
THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM" ARE ACCURATE AND WITHOUT
COLLUSION.
COMPANY NAME
TELEPHONE (INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
AUTHORIZED SIGNATURE (manual)
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
NAME/TITLE (PLEASE PRINT)
STREET ADDRESS
CITY
STATE
ZIP
FEDERAL ID #
_Individual _Corporation _Partnership _Other (Specify)
Sworn to and subscribed before me this
day of
,20
Personally Known
or
Produced Identification
(Type ofIdentification)
Notary Public - State of
County of
Signature of Notary Public
Printed, typed or stamped
Commissioned name of Notary Public
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
19
MAKE
MODEL
AC & HEATING UNITS
CITY HALL
TRANE
TRANE
TRANE
TRANE
TRANE
FUJITSU
LIEBERT
TTA180B300FA
MCCB012UAOAOUA
RAUCC20FBX0300
MCCB017UAOAOUA
TCH210C300DA
AOU12C1
POLICE DEPRTMENT
TRANE MCCBOZIUAOAOUA
TRANE TTA150B300EA
TRANE TTA150B300EA
FUJITSU AOU30C1
MAGUIRE HOUSE
TRANE
TRANE
TRANE
TRANE
TWA090A300BA
TWH036B140FI
TW A090A300BA
TWE090A300BB
TRANE
TWN0248140F1
VIGNITY RECREATION CENTER
LENNOX 10ACB48-9P
LENNOX 10ACB48-9P
LENNOX 10ACB48-9P
LENNOX CB17-95V-2
LENNOX CB29M-46-1 P
COMMUNITY CENTER
TRANE TTA090A300FA
TRANE TTA090A300FA
TRANE TTA090A300FA
TRANE BAYHTRL315AB
TRANE BAYHTRL315AB
TRANE BAYHTRL315AB
EXHIBIT A
LIST OF EQUIPMENT
SERIAL # UNIT LOCATION/AREAITYPE
325326RAD
K 03F87307
C03F05459 .
K 03F87302
2071002810
E009085
K04B25871
4063KCMDunit1
4071 YEKADunit2
T004688
K12198265
K07371838
K12198118
K11 H540PN
J42354294
5898D07858
5898D07861
5898B47559
5698D02785
5898A12610
52630W2AD
52622F3AD
5021592AD
5124W3PCD
5231 RB6CD
5231RB5CD
small southside unit-comm. Cham. outside CDU
small southside unit-comm. Cham. inside 2nd fI AHU
large southside unit -2nd f1- outside CDU
large southside unit -2nd f1- inside AHU
northside unit- 1 st fI AH/CDU
southwest unit -1st fI TV-media room- mini split
northside unit- 2nd fI computer room CDU
northwest corner unit -whole bldg- insde AHU
northwest corner unit -whole bldg-outside CDU
northwest corner unit -whole bldg-outside CDU
north side unit- communications- mini split
northside unit1 west to east CDU
northside 2nd fI - attic AHU
northside unit 2 CDU
northside 2nd fI - AHU
northside unit 3 CDU
northside 1 st f1- under house AHU
northside unit 4 CDU
northside 1 st f1- under house AHU
southside unit outside CDU
southside unit outside CDU
southside unit outside CDU
westside large unit inside AHU
westside small unit inside AHU
northside unit outside- CDU #1
northwest unit outside CDU #2
northwest unit outside CDU #3
inside AHU #1
inside AHU #2 right
inside AHU #3 left
BEECH CENTER
ADDISON VCA271X-3E 990102902001 southeast unit -gym-AHU
TRANE TWE120A300CA P1422XF5H northeast unit-gym-AHU
TRANE TWE120A300CA P1425J45H northwest unit-gym-AHU
TRANE TWE120A300CA P1440385H southwest unit-gym-AHU
TRANE TWE042C14FCO P216LC1V northwest unit inside-offices-AHU3
TRANE TWE060P13FBO P1332G01V northwest unit inside-offices-AHU4
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
20
TRANE
TRANE
TRANE
TRANE
TRANE
WBHA24J11 NFBA1
WBHA24J11 NFBA1
TWE120A300CA
TTA042D300BO
TTA042D300AO
WAKA-060CA5
WAKA-060CA5
TT A 120A300CA
TT A 120A300CA
TT A 120A300CA
TT A 120A300CA
RCA271-3E
TRANE
TRANE
TRANE
TRANE
ADDISON
FIRE STATION #1 (BLUFORD AVE)
support chief
lobby
offices/lib/meeting
trainning
corridor/batt chief
FIRE STATION #2 (CLARKE RD)
ADDISON PCA061 S-3E
TRANE TTA090A300CC
TRANE TTA120A300BC
GOODMAN CR22KF-PFV-230
TRANE TWE090A300CA
GOODMAN ARUF024-00A-1A
FIRE STATION #3 (MAGUIRE RD)
ADDISON PCA0615-3E
TRANE TTA090A300CC
TRANE TTA120A300BC
TRANE TTB01BC100A1
TWE090A300CA
TWY018B14FA1
SOUTH WATER PLANT
2TWB00361000AB
WASTEWATER PLANT
TRANE TWA120A300BA
TRANE TTB024C100A2
TRANE TWE120A300BA
TRANE TWE0124C14FBO
HACKNEY-PRAIRIE WATER PLANT
FRIDRICH WE12A33E-A
WA TER PLANT ADMINISTRATION
TRANE TWA120A300BA
TM070005280
TM070005281
P1435RC5H
P163K8DFF
P105T8C2F
4991 M359904139
4991 M469908803
P135PSKAH
P132SNOAH
P155PY8AH
P1560XOAH
990102901001
HI RA048525Aunit1
HIRA042525Aunit2
HIRA060525Aunit3
HIRA024506Dunit4
HIRA076525Aunit5
H2RC018506Aunit6
H1 RA048525Aunit7
northside unit ceiling- studio inside AHU
northside unit ceiling-workout inside AHU
southside unit ceiling-storage inside-AHU
northwest outside unit Offices CU3
northwest outside unit Lobby CU4
northw~st outside unit Work out CU1
northwest unit outside Dance rm CU2
northeast unit outside- CU 1 B
northeast unit outside- CU 1A
southeast unit outside CU 1 C
southeast unit outside-CDU 5
southeast unit outside CU 2
outside CDU -inside AHU:
outside CDU -inside AHU:F2P060N06B
outside CDU -inside AHU:F2RP024N06B
outside CDU -inside AHUK4EU090A33A
outside CDU -inside AHU: F2RP018N06B
outside CDU -inside AHU: F2FP048N06B
990606801002 eastside unit outside-AH/CDU
M306LM8AH southeast unit outside-CDU ! NOT IN USE
M303NYXAH southeast unit outside-CDU 2
05B10145B northwest unit outside- CDU
M244P245H hallway attic unit inside-AHU
506042781 northwest unit inside bay storage- AHU
99060801001
M306HM1AH
M29423SAN
M465TDEAF
M295DY55H
M37380548
5162UJM4F
H48198601
3131WDG5F
H40170310
3126AX72V
LBCR19003
H48198601
eastside unit outside- AH/CDU
southeast unit outside-CDU 1 NOT IN USE
southeast unit outside-CDU 2
northwest unit outside-CDU
hallway attic unit inside AHU
northwest unit inside bay storage-AHU
north outside CDU, Inside AHU
westside outside Heat Pump/CDU
westside outside CDU
inside AHU
in ceiling AHU
Window Unit
wests ide outside heat pump/CDU
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
21
TRANE
TRANE
TRANE
TTB024C100A2
TWE 120A300BA
TWE0124C14FBO
PUBLIC WORKS (301 MAGUIRE)
CARRIER 5055-036---301
CARRIER 5055-036---301
CARRIER 5055-036---301
BRYANT 564ANX036000ABAF
NORDYNE GP3RA036K
GOODMAN PCK036-1C
GOODMAN PCK036-1 F
ICE MAKERS
CH ICE 0 matic
FLT MANITOWOC
PW ICE 0 matic
FS 1 MANITOWOC
FS 2 MANITOWOC
FS 3 ICE 0 matic
WW HOSHIZAKI
ICE U 150HA2
S 570
B55PSA
S 400
S 400
KC400HAPB1
KM500MAH
WATER COOLERS
CH Halsey 2 units
FL T OASIS P8AM-D101
PW OASIS PLF 3CP
FS 1 SUNROC 2 Units
FS 2 ELKAY
FS 3 ELKAY
WW ELKAY
PD Halsey
PD Halsey Taylor
WP ELKA Y
CC EBCOIOASIS DP7WMPE
FS = FIRE STATION
PW = PUBLIC WORKS
WW = WASTEWATER PLANT
CH = CITY HALL
PO = POLICE DEPARTMENT
WP = WATER PLANT
3131WDG5F
H40170310
3126AX72V
3496G41633
3496G41588
3496G41587
0904G41583
GPF040602355
0410706544
0504174616
D438-00455-Z
990720529
04101280011033
030320606
030320108
V71202983 Z
M25674K
74158365001
22351165
9842522739
Dual
Upright Unit
79158365001
Dual
Upright Unit
8413068415
CC = Comm. Center
westside outside CDU
Inside AHU
in ceilling AHU
westside package unit AHU/CDU 1
westside package unit AHU/CDU 2
westside package unit AHU/CDU 3
wests ide package unit AHU/CDU 4
westside package unit AHU/CDU 5
westside package unit AHU/CDU 6
westside package unit AHU/CDU 7
2ND FL breakroom
Service Bay
Breakroom
Garage Bay
Garage Bay
Garage Bay
North side outside
1 st floor lobby & second floor hallway
Service bay
Hallway
Service bay & lobby
Service bay
Service bay
Hallway
Lobby
Maguire Road Water Plant
Hallway
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
22
EXHIBIT C
DRAFT CONTRACT
RFP 05-003, CITY-WIDE AIR CONDITIONING & HEATING MAINTENANCE TERM CONTRACT
23
"-iAIA Document A10S'" -1993
Standard Form of Agreement Between Owner and Contractor for a Small Project
where the Basis of Payment is a ST/PULA TED SUM
This AGREEMENT is made:
(Date)
BETWEEN the Owner:
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: Robert Zaitooni, Deputy Director of Public Works
and the Contractor
ADDITIONS AND DELETIONS:
The author of this document has
added inlonnation needed lor its
completion. The author may also
have revised the text of the
original AlA standard lorm. An
Additions and Deletions Report
that notes added inlormation as
well as revisions to the standard
fonn text is available from the
author and should be reviewed.
A vertical line in the lell margin 01
this document indicates where
the author has added necessary
inlonnation and where the aulhor
has added to or deleted from the
original AlA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
for the following Project:
City-wide Air Conditioning and Heating Maintenance
The Owner and Contractor agree as follows.
AlA DDcument A105'" -1993. Copyright (1;) 1993 by The American Instllute of Architects. All rights reserwd. WARNING: This AIA~ Documenlls
protecled by U.S. Copyright Law and Intemalional Treaties. Unauthorized reproduction or distribution ot this AlA'" Document or any portion of it,
may result in sllvere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by ALA sohware at 10:00:04 on 08108/2005 under Order No.1000169381_1 which expires on 3/17/2006. and Is not for resale.
User Noles: (286832435)
1
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contractor shall complete the Work described ill the Contract Documents for the project. The Contract
Documents consist of:
.1 this Agreement signed by the Owner and Contractor;
.2 AlA Document A205, General Conditions of the Contract for Construction of a Small Project, current
edition;
.3 written change orders or orders for minor changes in the Work issued after execution of this Agreement;
aDd
.4 other documents, if any, identified as follows:
City of Ocoee Request for Proposals 05.003 for City-wide Air Conditioning and Heating Maintenance
Tenn Contract, including any addenda thereto (the "Bid Package")
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE
The date of commencement shall be the date of this Agreement unless otherwise indicated below.
(Paragraph deleted)
ARTICLE 3 CONTRACT SUM
~ 3.1 Subject to additions and deductions by Change Order, the Contract Sum is:
To be determined by invoices submitted pursuant to the Bid Package.
~ 3.2 The Contract Sum shall include all items and services necessary for the proper execution and completion of the
Work.
ARTICLE 4 PAYMENT
~ 4.1 Based on invoices submitted under the provisions of the Bid Package.
(Paragraph deleted)
~ 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the
rate of 7% simple interest
ARTICLE 5 INSURANCE
~ 5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows:
(Insert specific insurance required by the Owner.)
Type of insurance
See Bid Package, page 13-15
Limit of liability ($ 0.00)
See Bid Package
~ 5.2 The Owner shan provide Owner's Liability and Owner's Property Insurance as follows:
(Insert specific insurance furnished by the Owner.)
Type of insurance
See Bid Package, pages 13-15
Limit of liability ($ 0.00)
See Bid Package
~ 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's
obligations under Section 3.12 of AlA Document A205, General Conditions of the Contract for Construction of
Small Projects.
AlA Document Al05'" -19113. Copyright @ 1993 by The American Instij()ta 01 Architects. All rights reserved. WARNING; This AIA3 Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ot this AlA~ Document, or any portion 0111,
may resullln severe civil and criminal penalties, and will be proseculed 10 the maximum extent possible under the law. This document was produced
by AlA software at 10:00:04 on 08/0812005 under Order No.1 000169381_1 which exp;les on 3/1712006. and is not for resale.
User Notes: (286832435)
2
~ 5.4 Certificates of insurance shall be provided by each party showing their respective coverages prior to
commencement of the Work. The City shall be named as an additional insured under all task orders issued under
this Agreement
ARTICLE 6 OTHER TERMS AND CONOITIONS
(lnsen any other terms or conditions below.)
6.1 Dispute Resolution. As a condition precedent to the filing of any suit or other legal proceeding,
the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Mediation shall be
initiated by any party by serving a W1itten request for same on the other party. If the parties cannot agree on the
select.ion of a mediator, then the Owner shall select the mediator, who, if selected solely by the Owner, shall be a
mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the
mediator declares an impasse, which declaration, in any event shall be issued by the mediator Dot later than sixty
(60) days after the initial conference. The expenses of the mediator shall be bornc equally by the Owner and the
Contractor.
6.2 Warranty. Contractor warrants that all workmanship and materials shall be free of defects for a
period of one (1) year from the date of payment therefor. Contractor shall repair or replace at its own expense, as
directed by Owner, any defecL~ in workmanship or materials which appear within one (I) year from the date of
payment therefor, provided however, that any defect that is hidden or latent shall be repaired or replaced within one
(1) year of the date when Owner discovers such defect. Contractor further warrants that all repair or replacement
work performed to repair or replace dcfcctive work or materials shall also be warranted to be free of defects for a
period of one (1) year from the date such repair or replacement is accepted by the Owner. Contractor shall
commence and diligently pursue the correction of any defect not later than fifteen (15) days of receiving Owner's
written notice of such defect. ff Contractor does not commence or diligently pursue to repair or replace such defects
in workmanship or materials within the fifteen (15)-day period, then Owner may repair or replace such defects and
Contractor shall reimburse Owner for the costs thereof, including all interest, attorneys' fees and costs of collection.
Contractor shall assign and/or transfer to the Owner all manufacturer's direct warranties for components and
materials.
6.3 Payment and Performance Bond. The paymcnt bond and performance shall be in compliance
with Florida law and the Bid Package.
[SIGNATURE PAGE FOLLOWS]
AlA Document A105T1l-1993. Copyright ~ 1993 by The American Institute 01 Archhects. All rights reserved. WARNING: Thi. AlA" Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ollhis AlA" Document. or any portion 01 it,
may result in iievere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 10:00:04 on 0810012005 under Order No.1 000169381..1 which expires on 3/17/2006, and is not lor resale.
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3
This Agreement entered into as of the day and year first written above.
Signed, Sealed and Delivered
in the Presence of:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandeq,'fift, Mayor
Print Name:
ATTEST:
I Print Name:
Name:
Title:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of
,20_
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,20_
UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
CONTRACTOR (Signature)
(Printed IWme and tille)
LICENSE NO.:
JURISDICTION:
AlA Document Al05TN -1993. Copyright @ 1993 by The Americanlnsthute of Archhects. All rights reserved. WARNING: This AlA8 Documenl is
protected by U.S. Copyright Law and International Treaties. UnauthOl'lzed reproduction or distribution 01 this AlA" Document, or sny portion 01 it,
may re$lllt In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 10:00:04 on 08/08/2005 under Order No.1 000169381_1 which expires on 3/1712006. and is not for resale.
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4
": AlA Document A205" - 1993
General Conditions of the Contract for Construction of a Small Project
for the following PROJECT:
(Name and location or address);
City-wide Air Conditioning and Heating Maintenance
THE OWNER:
(Name and address):
THE ARCHITECT:
(Name and address);
ARTICLE 1 GENERAL PROVISIONS
~ 1.1 THE CONTRACT
The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.
~ 1.2 THE WORK
The tenn "Work" means the construction and services required by the Contract
Documents, and includes all other tabor, materials, equipment and services provided by
the ContracLOr to fulfill the Contractor's obligations.
~ 1.3 INTENT
The intent of the Contract Documents is to include all items necessary [or the proper
execution and completion of the Work by the Contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all.
91.4
(Paragraph deleted)
ARTICLE 2 OWNER
~ 2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER
(Paragraph deleted)
~ 2.1.2 Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall obtain and pay for other necessary approvals,
eawments, assessments and charges.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AlA standard form. An
Additions and Deletions Report
lhat notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the lell margin 01
this document indicates where
the author h as added necessary
information and where the author
has added to or deleted from the
original AlA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
~ 2.2 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the Contract
Documents, the Owner may direct the Contractor in writing to Slop the Work until the
correction is made.
AlA Document A205Tl1-1993. Copyright @ t993 by The American Institute 01 Architects. All rights reserved. WARNING: This AlA" Document ie
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction Dr distribution of fhls AlA"' Document, Dr any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software al to;04:18 on 08108/2005 under Order No.1000169381_1 which expires on 3/17/2006, and is nol IOf resale.
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1
~ 2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a seven day period after receipt of written notice from the Owner to correct such default or neglect with
diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such
case, a Change Order shall be issued deducting the cost of corr~tion from payments due the Contractor.
~ 2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
~ 2.4.1 The Owner reserves the right to perform construction or operations related to the project with the Owner's
own forces, and to award separate contracts in connection with other portions of the project.
~ 2.4.2 The Contractor shall coordinate and cooperate with separate contractors employed by the Owner.
~ 2.4.3 Costs caused by delays or by improperly timed activities or defective construction shaH be borne by the party
responsible therefor.
ARTICLE 3 CONTRACTOR
~ 3.1 EXECUTION OF THE CONTRACT
Execution of the ConlJ"act by the Contractor is a representation that the Contractor has visited the site, become
familiar with local conditions under which the Work is to be performed and correlated personal observations with
requirements of the Contract Documents.
~ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
The Contractor shall carefully study and compare the Contract Documents with each other and with information
furnished by the Owner. Before commencing activities, the Contractor shall: (1) take field measurements and verify
field conditions; (2) carefully compare this and other information known to the Contractor with the Contract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the Architect.
~ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
~ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The
Contractor shall be solely responsible for and have control over construction means. methods, techniques, sequences
and procedures, and for coordinating all portions of the Work.
~ 3.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner the
names of subcontractors or suppliers for each portion of the Work. The Owner will promptly reply to the Contractor
in writing if tbe Owner. after due investigation, has reasonable objection to the subcontractors or suppliers listed.
~ 3.4 LABOR AND MATERIALS
~ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
materials, equipment. tools. utilities, transportation, and other facilities and services necessary for proper execution
and completion of the Work.
~ 3.4.2 The ConlJ"actor shall deliver, handle, store and install materials in accordance with manufacturers'
instructions.
~ 3.5 WARRANTY
The Contractor warrants to the Owner that: (I) materials and equipment furnished under the Contract will be new
and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free
from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of
the Contract Documents.
~ 3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is
executed.
~ 3.7 PERMITS, FEES AND NOTICES
~ 3.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses
and inspections necessary for proper execution and completion of the Work.
~ 3.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If
the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and
regulations without notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear
AlA Document A20S'" - 1993. Copyright @ 1993 by The American Institute 01 Architects.. All nghts r_rved. WARNING: This AlA" Document is
protected by U.S. Copyright Law and 'ntemalional Treaties. UnauthorizlKl reproduction or distribution of this AlA. Document, or any portion 01 it
may result in severe civil and criminal penalties, and will be prosecuted to lhe ma.lmul'll extent possible IInder the law. This document was prodU~ed 2
by AlA software all0:04:18 on 08/08/2005 under Order No.l0001693Bl_l which e.pires on 3/1712006. and is not lor resale.
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the attributable costs. The Contractor shall promptly notify the Owner in writing of any known inconsistencies in the
Contract Documents with such govemmentallaws, rules and regulations.
(Paragraphs deleted)
~ 3.9 USE OF SITE
The Contractor shall confine operations at the site to areas pennitled by law, ordinances, pennits, the Contract
Documents and the Owner.
9 3.10 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its
parts fit together properly.
~ 3.11 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to
the Work.
9 3.12INDEMNIFICA nON
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and, Owner's
consultants and agents and employees of any of them from and against claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that
such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the
extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly
or indirectly employed by them or anyone for whose acts they may be liable.
(Paragraphs deleted)
ARTICLE 4
(Paragraph deleted)
ARTICLE 5 CHANGES IN THE WORK
~ 5.1 After execution of the Contract, changes in the Work may be accomplished by Change Order or by order for a
minor change in the Work. The Owner, without invalidating the Contract, may order changes in the Work within the
general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract
Time being adjusted accordingly.
95,2 A Change Order shall be a written order to the Contractor signed by the Owner to change the Work, Contract
Stun or Contract Time.
95.3 The Architect will have authority to order minor changes in the Work not involving changes in the Contract
Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be
written orders and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders
promptly.
~ 5.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those
indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and
Contract Time shall be subject to equitable adjustment.
ARTICLE 6 TIME
~ 6.1 Time limits stated in the Contract Documents are of the essence of the Contract.
96.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control,
the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine.
AlA Pocvrnenl A205'" -1993. Copyrijjht IC) 1993 by The American Institute 01 Architects. All rights reserved. WARNING: This AIAlt Document Is
protected by U.S. Copyright Law and Intemalional Treaties. Unauthorized reproduction or distribution 01 thJs A1A~ Document, or any portIon 0111,
may result in sellere cl~11 and criminal penalties. and will be prosecuted to the maximum edent possible under the law. This document was produced
by AlA software at 10:04:18 on 08/08/2005 under Order No.l000169381_1 which expires on 3/t7I2oo6. and is not lor resale.
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3
ARTICLE 7 PAYMENTS AND COMPLETION
~ 7.1 CONTRACT SUM
The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance of the Work under the Contract Documents.
~ 7.2 APPLICATIONS FOR PAYMENT
~ 7.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
Owner an itemized Application for Payment for operations completed in accordance with the values stated in the
Agreement. Such application shall be supported by such data substantiating the Contractor's right to payment a~ the
Owner may reasonably require and reflecting retainage if provided for elsewhere in the Contract Documents.
~ 7.2,2 The Contractor warrants that title to all Work covered by an Application for Payment will pa<;s to the Owner
no later than the time of payment. The Contractor further warrants that upon submittal of an Application for
Payment, all Work fOf which Cel'lificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and betief, be free and clear of liens, claims,
security interests or other encumbrances adverse to the Owner's interests.
(Paragraphs deleted)
~ 7.4 PROGRESS PAYMENTS
fi 7.4.1
fi 7.4.2 The Contractor shall promptly pay each Subcontractor and material supplier, upon receipt of payment from
the Owner, out of the amount paid to the Contractor on account of such entities' portion of the Work.
~ 7.4.3 The Owner shall have any responsibility for the payment of money to a Subcontractor or material supplier.
97.4.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the project by the
Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents.
97.5
(Paragraph deleTed)
97.6
ARTICLE Ii PROTECTION OF PERSONS AND PROPERTY
98.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs,
including all those t"equired by law in connection with performance of the Contract. The Contractor shall promptly
remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the
Contractor may be liable.
ARTICLE 9 CORRECTION OF WORK
fi 9.1 The Contractor shall promptly correct Work rejected by the Owner as failing to conform to the requirements of
the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work.
99.2 In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall,
for a period of one year after Substantial Completion, correct work not conforming to the requirements of the
Contract Documents.
~ 9.3 If the Contractor fails to correct nonconforming Work within a rea~onable time, the Owner may correct it and
the Contractor shall reimburse the Owner for the cost of correction.
AlA Dooument A205TN -1993. Copyright @1993byTheAmerican Institute of Architects. All rights re$ervad. WARNING: This AlA" Document Is
protected by U.S. Copyrighl Law and International Treaties. Unauthorized reproduction or dlstributlon of this AlA- Document, or any portion 01 It,
may result In savere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 10:04:18 on 08/08/2005 under Qrder No. t000169381_1 which expires on 3/1712006. and Is nollor resale.
User Notes: (2349423145)
4
ARTICLE 10 MISCELLANEOUS PROVISIONS
~ 10.1 ASSIGNMENT OF CONTRACT
Neither party to the Contract shall assign the Contract as a whole without written consent of the other.
~10.2 TESTS AND INSPECTIONS
S10.2.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.
. (Paragraph deleted)
~ 10.2.3 The.Owner shall pay for tests except for testing Work found to be defective for which the Contractor shall
pay.
~10.3 GOVERNING LAW
The Contnictshall be governed by the law of the place where the project is located.
. .
. . .
ARTICLE 11: TERMINATION OF THE CONTRACT
. ~ 11.1 TERMINATION BY THE CONTRACTOR
If the Owner fails 10 make payment when due or substantially breaches any other obligation of this Contract,
foliowing seven days' .written notice to the Owner, the Contractor may tenninatc the Contract and recover from the
Owner payment for Work executed and for proven loss with respect to materials. equipment, tools, construction
equipment arid machinery, including reasonable overhead, profit and damages.
~ 11.2 TERMINATION BY THE OWNER
~ 11.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper
materials; .
.2 fails to ma.kc.payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors:
.3 persis.tentIy disregards laws, ordinances, or rules, regulations or orders of a public authority having
. jurisdiction; or
. .4 is otherwise guilty of substantial breach of a provision of the Contract Documents.
. . .
~ 11.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of
the oWner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate
employment of the Contractor and may:
.1 take possession of the site and of all materials thereon owned by the Contractor;
. ..2. finish the Work by whatever reasonable method the Owner may deem expedient.
~.11.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 11.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
~ 11.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to
the Contractof;. Ifsuch costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This
obligation for payment shall survive termination of the Contract.
AlA Document A205lN -1993. Copyright @ 1993 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is
protected by U.S. Copyright law and International Treaties. Unauthoriz&d reproductIOn or distribution of this AlA" Document. or any portlon of It,
may result in !levere civil and criminal penalties, and will be prosecuted 10 the maximum extent possible under the law. This documenl was produced
by AlA software al10:04:18 on 08/08/2005 under Ordar No.l000169381_' which expires on 3117/2006, and is not for resale.
User Notes: (2349423145)
5