ITB C006482 CEP & NSCEP Chiller Overhauls.pdf

Invitation to Bid (with Best and Final Offers)

Issue Date: November 6, 2023

Title: CEP & NSCEP Chiller Overhauls

Bid #: C006482

Bids Due: November 29 @ 2:00 P.M. EST

Box Link: Bid Documents Link Here

Submit Bids To: Central Florida Tourism Oversight District Richard Parente, Senior Procurement Analyst bids@oversightdistrict.org

(689) 254-3539

SECTION 1. GENERAL INFORMATION

1.1 Central Florida Tourism Oversight District (“CFTOD”, “Owner”, or “District”) is issuing this solicitation for its Utilities Department.

1.2 CFTOD requests qualified companies submit your bid and qualifications for consideration in the selection for the CEP & NSCEP Chiller Overhauls project.

1.3 All dates and information contained herein may be extended, changed, or updated within the listing by addendum issued by CFTOD.

SECTION 2. TIME SCHEDULE

2.1 The District will attempt to use the following time schedule which will result in the award of a contract.

DESCRIPTION DATE

NON-MANDATORY Site Visit at 9:00 A.M. EST (Location and Instructions Provided in Section 3) November 14, 2023

All Written Questions and Inquiries are due by or before 12:00 P.M. EST November 16, 2023

Bid Packages due by or before 2:00 P.M. EST November 29, 2023

Bid Evaluation/ Final Negotiations December 4, 2023

Final Bid Award Announced December 6, 2023

NOTE: These dates are estimated dates only and are subject to change.

SECTION 3. INSTRUCTIONS TO BIDDERS

3.1 Meeting location for the Non-Mandatory Site Visit is at the following address:

Central Energy Plant 5300 North Center Drive Lake Buena Vista, FL 32830 https://reedycreek.box.com/s/6veaits3hq7cwapkq2jbpgh1928guy43

ITB # C006482 Page 2 of 5

Please provide full name (listed on driver’s license) of all participants by close of business on November 10, 2023, so that the names can be submitted to security for gate access.

For all those who are attending the non-mandatory site visit please remember to bring/wear closed toed shoes, pants and eye and ear protection.

3.2 All bids must be electronically submitted by or before 2:00 PM, on the listing end date/bid close date to bids@oversightdistrict.org for consideration.

3.3 Bids may not be submitted by any other means other than as described in Section 3.2. CFTOD will not accept bids sent by U.S. Mail, private couriers, fax, or email.

3.4 Any bids received after the stated time and date will not be considered.

3.5 Bids not conforming to the instructions will be subject to disqualification at the sole option of the District.

SECTION 4. INQUIRIES

4.1 All questions must be submitted electronically via email to Richard Parente at rparente@oversightdistrict.org.

Responses will returned electronically, and provided to all bidders. In the Subject Line of the email, clearly indicate the following: C006482 CEP & NSCEP Chiller Overhauls.

4.2 If necessary, an addendum will be emailed to all bidders.

4.3 It is our standard policy no addendum will be issued later than three (3) calendar days prior to the date for receipt of bids, except an addendum withdrawing the solicitation or one which includes postponement of the date for receipt of bids.

4.4 No verbal or written information which is obtained other than by information in this document, or by addendum, will be binding on the District.

SECTION 5. QUALIFICATION OF BIDDERS

5.1 Contractor must have previous experience performing the services for the make and model of chillers, or equivalent, listed in the EXHIBIT A - Scope of Services.

5.2 Contractor shall provide a reference list of at least two (2) clients where it has provided services in a similar capacity within the past three (3) years. It is at CFTOD’s discretion to determine if a Contractor is qualified based upon submitted references. See EXHIBIT D – Client Reference List.

5.3 Contractor shall provide responses to inquires in ATTACHMENT 1 – Contractor Qualifications. It is at CFTOD’s discretion to determine if a Contractor is qualified based upon provided responses.

5.4 Veteran or BuyLocal qualified? Include your affidavit or certificate for consideration.

SECTION 6. LOBBYING/BIDDER CONTACT/ANTI-COLLUSION

6.1 BIDDERS ARE HEREBY ADVISED THAT CONTACT IS NOT PERMITTED WITH ANY CFTOD

PERSONNEL OR BOARD MEMBER DURING THE BID PERIOD RELATED TO OR INVOLVED WITH THIS

REQUEST. BIDDERS ARE RESTRICTED FROM DISCUSSING THEIR SUBMITTALS AND THIS

SOLICITATION WITH COMPETING FIRMS UNDER THIS SOLICITATION. ALL ORAL OR WRITTEN

INQUIRIES MUST BE DIRECTED THROUGH THE ASSIGNED PROCUREMENT PERSONNEL.

6.2 Any bidder or any individuals that lobby on behalf of the bidder or interact with other bidders during the time specified will result in rejection/ disqualification of their bid under said solicitation.

6.3 Bidders shall not divulge, discuss, or compare this solicitation with any other bidder or collude with any other bidder in the preparation of their bid in order to gain an unfair advantage in the award of this contract. By submitting a bid, ITB # C006482 Page 3 of 5

Bidder acknowledges all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S.

SECTION 7. MODIFICATION OR WITHDRAWAL OF BID

7.1 A Bid may not be modified, withdrawn, or cancelled by the Bidder for ninety (90) days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting its Bid. Prior to the date and time of receipt of Bids, a Bidder may withdraw its Bid and resubmit at any time before the date and time stipulated for receipt of Bids. The Bid Guarantee shall be in an amount sufficient for the Bid as modified or submitted.

SECTION 8. AWARD

8.1 CFTOD reserves the right to accept or reject any or all bids.

8.2 CFTOD reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request clarification or other information to evaluate any or all bids.

8.3 CFTOD will negotiate agreements with awarded bidders. If an agreement cannot be reached with a selected bidder, CFTOD reserves the right to negotiate with the next bidder (or subsequent bidder) until an agreement is reached.

8.4 The basis of award will be based on the grand total of Items 1.1 through 1.6 and 2.1 through 2.6 on EXHIBIT B – Bid Pricing Form with two (2) separate contracts to be awarded. The same bidder can be the awardee of each contract.

8.5 BuyLocal, Veteran, and Opportunity Zone qualified vendors receive a bid preference as noted in Procurement Policy

PRO-100.

BuyLocal and Veterans:

o Contract awards $1,000,000 or less. If the Low Bidder is not a BuyLocal or Veteran Small Business and the lowest bid submitted by a responsive and responsible Veteran Small is within 5% of the bid of such Low Bidder, such Buy Local or Veteran Small Business will be deemed the lowest, responsive and responsible bidder and awarded the contract.

o Contract awards exceeding $1,000,000. If the Low Bidder is not a BuyLocal or Veteran Small Business whose bid is less than a $50,000 variance in price from the low bid, such Buy Local or Veteran Small Business will be deemed the lowest, responsive, and responsible bidder and awarded the contract.

Opportunity Zone:

o Contract Awards $1,000,000 or less. If the Low Bidder is not located in a Qualified Opportunity

Zone, and the next lowest bid submitted from an Opportunity Zone vendor is within 10% of the low bid, such Opportunity Zone vendor will be proclaimed the low bid and deemed the awarded bidder.

o Contracts Awards Exceeding $1,000,000. If the Low Bidder is not located in a Qualified Opportunity Zone, and the next lowest bid submitted from a Opportunity Zone vendor is within 10% of the low bid and not more than $100,000 in difference, such Opportunity Zone vendor will be proclaimed the low bid and deemed the awarded bidder.

SECTION 9. BOND REQUIREMENTS

9.1 Bid Bond: Not applicable to this project

9.2 Performance and Payment Bond: Not applicable to this project

SECTION 10. DRAWINGS, SPECIFICATIONS AND PERMITS RELATED TO THIS PROJECT

10.1 Drawings: Not applicable to this project

ITB # C006482 Page 4 of 5

10.2 Specifications: See equipment makes and models listed in EXHIBIT A – Scope of Services.

SECTION 11. DELAY DAMAGES SUBJECT TO THIS PROJECT

The Owner may incur financial loss if the Work is not substantially and finally complete in the timeframes included in the EXHIBIT A – Scope of Services. The Contractor shall be liable for damages.

Liquidated Damages: Not applicable to this project

SECTION 12. CFTOD REQUIRED CLAUSES

12.1 MATERIALS. All materials submitted in response to this solicitation shall become the property of CFTOD.

12.2 COST INCURRED IN RESPONDING. All costs directly or indirectly related to bid preparation, representation or clarification shall be the sole responsibility of and be borne by the proposer.

12.3 PUBLIC ENTITY CRIMES. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a consultant, supplier, sub-consultant, or consultant under a contract with any public entity; and may not transact business any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list.

12.4 E-VERIFY. The Proposer shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Proposer during the term of the contract and shall expressly require any sub-consultants performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the sub-consultant during the contract term.

12.5 INTELLECTUAL PROPERTY RIGHTS. The proposer will indemnify and hold harmless, CFTOD from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or un-patented invention, process, article or work manufactured or used in the performance of the contract, including its use by CFTOD. If the proposer uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright, or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work. This article will survive the termination of any contract with CFTOD.

12.6 SUBCONTRACTS. Nothing contained in this specification will be construed as establishing any contractual relationship between any sub-contractor and CFTOD.

A. The proposer will be fully responsible to CFTOD for the acts and omissions of the sub-contractor and their employees.

B. After award of the contract, any changes in sub-consultants requires prior CFTOD written approval.

12.7 AGREEMENT. A contract will be drafted after award for any work to be performed as a result of this solicitation.

This solicitation, the submitted proposal, all attachments, and any addendum released, and the corresponding contract will constitute the complete agreement between the proposer and Central Florida Tourism Oversight District. Should there be any conflict between the terms of this solicitation, the submitted proposal, and the terms of the agreement (Contract), the terms of the Contract shall be final and binding. The solicitation shall control where in conflict with the submitted proposal.

12.8 DISTRICT INSURANCE REQUIREMENTS.

A. The Contractor/Consultant shall at its expense procure and maintain during the life of this Contract and for two

(2) years thereafter (and shall require the same from its Subcontractors and Sub-subcontractors) the following

ITB # C006482 Page 5 of 5 types and minimum amounts of insurance:

i. Commercial General Liability Insurance including liability assumed under written contract, bodily injury, property damage, personal and advertising injury, and products/completed operations liability written on an occurrence basis with minimum combined single limits for bodily injury and property damage of $1,000,000 per occurrence;

ii. Automobile Liability coverage for all owned, non-owned and hired vehicles written on an occurrence basis, with minimum combined single limits of $1,000,000 per occurrence;

iii. Workers’ Compensation Insurance providing statutory benefits and Employer’s Liability Insurance with minimum limits of $1,000,000 per occurrence;

iv. Umbrella Liability on a follow-form basis providing coverage excess of the underlying policies required by i., ii, and iii. above in an amount of at least $1,000,000 per occurrence; and

Contractor is not required to commercially insure its owned, rented or borrowed machinery, tools, equipment, office trailers, vehicles, and other property but agrees that Owner is not responsible for and Contractor holds Owner harmless for loss, damage or theft of such items.

B. All insurance required under this Article shall be with companies and on forms authorized to issue insurance in Florida and with an insurer financial strength rating from AM Best of no less than A- or an equivalent rating from a similar, recognized ratings agency unless such requirements are waived, in writing, by the Owner’s Risk Manager. Certificates of insurance (or copies of policies, if required by the Owner) shall be furnished to the Owner.

C. CANCELLATION. All such insurance required by this Article shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days unrestricted prior written notice thereof is furnished to Contractor, who agrees to promptly relay any such notice received to Owner.

D. ADDITIONAL INSUREDS. Each liability policy required herein (except Workers’ Compensation or Professional Liability) shall schedule as Additional Insureds, on a primary and non-contributory basis, the Owner and its affiliated entities and their supervisors, officers, employees, agents and assigns.

E. WAIVERS. The Contractor hereby waives, and will require its Subcontractors and Sub- subcontractors to waive and to require its and their insurers to waive their rights of recovery or subrogation against the Owner and its affiliated entities, supervisors, officers, employees, agents and assigns.

F. CLAIMS. The Contractor and its Subcontractors and Sub-subcontractors shall assist and cooperate in every manner possible in connection with the adjustment of all claims arising out of the operations conducted under or in connection with the Work and shall cooperate with the insurance carrier or carriers of the Owner and of the Contractor, its Subcontractors and Sub-subcontractors in all litigated claims and demands which arise out of said operations and which the said insurance carrier or carriers are called upon to adjust or resist.

SECTION 13. EXHIBITS AND ATTACHMENTS

EXHIBIT A – Scope of Services

EXHIBIT B – Bid Pricing Form*

EXHIBIT C – Bid Submittal Affidavit*

EXHIBIT D – Client Reference List*

EXHIBIT E – BuyLocal/Veteran/Opportunity Zone Affidavit of Eligibility*

ATTACHMENT 1 – Contractor Qualifications*

ATTACHMENT 2 – Sample Contract

*Submit with your bid

EXHIBIT A - Scope of Services

ITB No.: C006482 Project: CEP & NSCEP Chiller Overhauls

SECTION 1. SCOPE OF SERVICES OVERVIEW

1.1 The scope of work for the CEP & NSCEP Chiller Overhauls project shall include, but not be limited to, labor, materials, equipment and tools necessary to provide turnkey services for motors, compressors and condenser tubes for York-manufactured centrifugal chillers at the Central Energy Plant (“CEP”) and the North Studios Central Energy Plant (“NSCEP”) as described below.

SECTION 2. SCOPE OF SERVICES

2.1 The chillers included in this scope of work shall include the following:

A. CEP Chiller 7 – Model #YKTGVBJ4-DHES, Serial #GNLM-303146, installed 2003 (“CEP Chiller 7”); and B. NSCEP Chiller 3 – Model #YKGFGBJ1-CBF, Serial #SMRM-362060, installed 2006 (“NSCEP Chiller 3”).

2.2 Motors:

A. Contractor shall provide all labor, materials, equipment and tools required to remove and ship motors to Xcel motor repair facility in Waynesboro, North Carolina for disassembly, inspection, component measurements and appurtenant testing.

B. Based on results of inspection, Contractor will communicate with Owner regarding recommendations and additional pricing. Any additional scope requests will be addressed via contractual change management procedures.

C. At a minimum, worn parts shall be machined or replaced as necessary to return to original equipment manufacturer (“OEM”) specifications and all bearings and rubber goods (seals, gaskets, etc.) shall be replaced.

Motor will be reassembled, returned, installed, aligned, and operationally tested.

D. Owner will de-terminate and terminate all electrical connections including all lock out/tag out (“LOTO”).

E. Contractor shall coordinate with Owner to verify correct rotation prior to connecting coupling.

2.3 Compressors:

A. Contractor shall remove and weigh refrigerant, disassemble, inspect, measure components and perform appurtenant testing.

B. Based on results of inspection by Contractor, worn parts will be machined or replaced as necessary to return to OEM specifications. All rubber goods (seals, gaskets, etc.) shall be replaced.

C. Contractor shall inspect and measure drive coupling.

D. Contractor shall reassemble, install, charge refrigerant and operationally test each unit. Refrigerant charge shall be trimmed as necessary for optimal performance. Contractor shall provide to Owner appropriate refrigerant handling paperwork.

E. Owner will provide refrigerant recovery unit and necessary refrigerant for CEP Chiller 7.

F. Contractor shall provide refrigerant recovery unit and necessary refrigerant for NSCEP Chiller 3.

G. Owner will provide all required LOTO.

2.4 Condenser Tubes:

A. Contractor shall remove condenser heads and water boxes.

B. Contractor shall perform Eddy current testing (“ECT”) of all condenser tubes. If greater than ten percent (10%) of tubes in any pass are outside specifications in CEP Chiller 7 or NSCEP Chiller 3, Contractor shall remove existing and furnish, install and test new Skip Fin Turbo condenser copper tubes. All rubber goods (seal, gaskets, etc.) will replaced.

ITB # C006482 Page 2 of 4

C. Contractor shall install heads and water box(s) with new gaskets, leak test and operationally test.

SECTION 3. PROJECT MILESTONE SCHEDULE

3.1 Owner will attempt to use the following time schedule, which will result in the final completion of the above scope of services.

MILESTONE DESCRIPTION START DATE COMPLETION DATE

Notice to Proceed / Contract Execution December 13, 2023 -

Removal of Motors for Shipment to Repair Facility - January 12, 2024

Initial Reports Submitted - February 9, 2024

Completion of Repairs - April 1, 2024

Final Completion (Chillers Returned to Service) - April 15, 2024

NOTE: These dates are estimated dates only and are subject to change.

SECTION 4. EMPLOYEES

4.1 The Contractor shall perform the basic services outlined within this Scope of Work between the hours of 7:00 A.M.

and 5:00 P.M., Monday through Friday, with the exception of mechanical/electrical tie-ins which may necessitate third shift sequencing to minimize impact to park operations. All mechanical/electrical tie-ins shall be coordinated with Owner prior to proceeding. All work hours are subject to change depending on the time of year and as a result of special events or holidays.

4.2 Owner will designate where Contractor's crew will take breaks, lunches, and use restroom facilities. Employee personal vehicles will be parked only in areas designated by the Owner.

4.3 Owner reserves the right to refuse any Contractor's employee who does not meet or conform to Owner’s policies.

Contractor's employees shall be required to maintain a level a professional appearance at all times while performing required tasks in or out of guest view. This includes a level of professional hygiene that includes all contractor provided uniforms.

4.4 Contractor shall be responsible for initiating, maintaining and supervising safety precautions and programs in connection with the services, and shall provide all protection to prevent injury to all persons involved in any way in the services.

4.5 Any and all complaints or calls for assistance from Owner or its agents or representatives shall be responded to by Contractor within twenty-four (24) hours of Owner’s issuance of such complaints or calls and all repairs or work which precipitated such complaint shall be diligently and professionally completed by Contractor.

4.6 Contractor shall cause all of its employees to behave in a friendly, respectable, and courteous manner towards Owner, guests, staff, and management. In the event the Owner believes that any of Contractor's employees are acting other than as herein required, or Owner or its agents determine that any of such employees are not performing their duties in a competent manner, Owner shall so advise Contractor and Contractor shall promptly arrange to correct the deficiencies or to replace such employee as reasonably approved by Owner. Contractor shall maintain continuous and regular communications with Owner concerning safety and other factors that relate to the performance requirements hereunder and concerning any injury or damage to guests or Contractor's employees that may result or occur in

ITB # C006482 Page 3 of 4 connection with the Services to be provided by Contractor hereunder.

4.7 All services shall be approved by and scheduled through the Owner or its authorized representative.

4.8 Contractor shall make walk/ride-through reviews of the entire site related to visual observations and shall make repairs and adjustments necessary. Owner may attend the walk/ride-through.

4.9 Contractor shall be required to provide response correspondence to any service requests sent via the Owner.

4.10 All services, whether performed by the Contractor, its subcontractors, or anyone directly or indirectly employed by any of them, and all applicable equipment, machinery, materials, tools, and like items used in the services, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations, and orders of any public, quasi-public, or other governmental authority; and (b) all codes, rules, regulations, and requirements, of the Owner and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern.

4.11 Contractor shall at all times keep the general area in which the services are to be performed clean and free from accumulation of waste materials or rubbish (including, without limitation, hazardous waste), caused by performance of the Services, and shall continuously throughout performance of the services remove and dispose of all such materials. The Owner may require the Contractor to comply with such standards, means, and methods of cleanup, removal, disposal as the Owner may make known to the Contractor and/or as required by any applicable laws. In the event the Contractor fails to keep clean of such rubbish and waste in the affected areas, and the Owner incurs the clean-up cost, the Owner will deduct the expenses incurred from any sums then or thereafter due the Contractor.

SECTION 5. QUALITY CONTROL

5.1 Contractor shall establish a quality control quality assurance program specific to this contract scope and shall maintain and monitor the program throughout the life of the contract.

5.2 The Owner will have the right at any stage of the operation to reject any or all work and material that in the Owner's opinion does not meet the requirements of these scope of services.

SECTION 6. DAMAGE

6.1 Any damages caused by Contractor shall be repaired by Contractor within twenty-four (24) hours, or shall be repaired by the Owner and back-charged at the current rate per man hour plus material plus twenty percent (20%) on material only. Any materials required to correct damages caused by Contractor shall be the responsibility of Contractor.

6.2 Should the Owner elect to have Contractor perform any work outside the scope of services, the Owner may request a lump sum proposal for the Work or may direct Contractor to proceed on a time and material basis.

6.3 Contractor shall report all damages to the Owner immediately.

SECTION 7. SAFETY

7.1 All Contractors’ equipment shall be properly maintained with all safety equipment intact and operational.

7.2 Contractor shall acquire all necessary certifications and ensure all employees hold such certifications as applicable for their work on the project.

7.3 Contractor shall be responsible for the safety of its employees and shall, at a minimum, require applicable personal protective equipment (“PPE”) including, but not limited to, eye, hearing and hand protection.

SECTION 8. QUALIFICATIONS

8.1 Contractor must have previous experience performing the services for the make and model of chillers, or equivalent, listed in Section 2.

8.2 Contractor shall provide a reference list of at least two (2) clients where it has provided services in a similar capacity

ITB # C006482 Page 4 of 4 within the past three (3) years. It is at CFTOD’s discretion to determine if a Contractor is qualified based upon submitted references. See EXHIBIT D – Client Reference List.

8.3 Contractor shall provide responses to inquires in ATTACHMENT 1 – Contractor Qualifications. It is at CFTOD’s discretion to determine if a Contractor is qualified based upon provided responses.

Bid #

Project:

Bidder:

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL

1.1 Removal of Motor 1 LS -$ -$

1.2 Shipping of Motor To and From Repair Facility 1 LS -$ -$

1.3 Inspection of Motor (Repair Facility Cost) 1 LS -$ -$

1.4 Motor Reassembly Including Replacement of Bearings and Rubber Goods* 1 LS -$ -$

1.5 Compressor Overhaul Including Replacement of Rubber Goods* 1 LS -$ -$

1.6 Condenser Tube Overhaul Including Replacement of Rubber Goods* 1 LS -$ -$

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL

2.1 Removal of Motor 1 LS -$ -$

2.2 Shipping of Motor To and From Repair Facility 1 LS -$ -$

2.3 Inspection of Motor (Repair Facility Cost) 1 LS -$ -$

2.4 Motor Reassembly Including Replacement of Bearings and Rubber Goods* 1 LS -$ -$

2.5 Compressor Overhaul Including Replacement of Rubber Goods* 1 LS -$ -$

2.6 Condenser Tube Overhaul Including Replacement of Rubber Goods* 1 LS -$ -$

*All labor, incidental materials (not listed), equipment, tools, testing (not listed) and reports shall be included.

GRAND TOTAL

Fill In All Pink Areas And Totals Should Automatically Tabulate.

CEP & NSCEP Chiller Overhauls

EXHIBIT B – Bid Pricing Form C006482

PART A. CEP CHILLER 7

PART B. NSCEP CHILLER 3

GRAND TOTAL

*All labor, incidental materials (not listed), equipment, tools, testing (not listed) and reports shall be included.

REFER TO ATTACHED EXCEL

SPREADSHEET FOR DATA ENTRY

FOR REFERENCE ONLY

EXHIBIT C - Bid Submittal Affidavit

Title: CEP & NSCEP Chiller Overhauls

Bid #: C006482

Contact: Central Florida Tourism Oversight District Richard Parente, Senior Procurement Analyst rparente@oversightdistrict.org

(689) 254-3539

SECTION 1. BASE BID

Company Name:

We have examined all the bidding documents and the site of the Work, and submit the following bid proposal in which we affirm the following statements:

A) We will hold our Bid open and valid for ninety (90) days from the date of bid opening per Section 7 of the Invitation to Bid;

B) We will enter into a Services Agreement on the form provided by the Owner if awarded a contract based on our Bid; and

C) We will perform and complete all Base Bid Work for the Lump Sum Fixed Fee Price of:

(CEP Chiller 7 Base Bid in words)

DOLLARS

($______________) which covers the Contractor’s profit and general overhead and all costs and expenses of any nature whatsoever (including, without limitation, trench safety, labor, equipment, materials, and all taxes).

(NSCEP Chiller 3 Base Bid in words)

DOLLARS

($______________) which covers the Contractor’s profit and general overhead and all costs and expenses of any nature whatsoever (including, without limitation, trench safety, labor, equipment, materials, and all taxes).

SECTION 2. BID DOCUMENTS AND ADDENDUM ACKNOWLEDGEMENT

Our company acknowledges receipt of the Invitation to Bid, and all other bidding documents for the Project including the following Addendums:

Addendum No. _______, dated___________________.

Addendum No. _______, dated___________________.

Addendum No. _______, dated___________________.

Addendum No. _______, dated___________________.

Addendum No. _______, dated___________________.

ITB # C006482 Page 2 of 2

SECTION 3. BIDDER CHECKLIST

☐ Bidder acknowledges receipt of all Addenda.

☐ Bidder has submitted an EXHIBIT B – Bid Pricing Form.

☐ Bidder has submitted a signed EXHIBIT C - Bid Submittal Affidavit.

☐ Bidder has submitted an EXHIBIT D – Client Reference List.

☐ Bidder, if eligible, has submitted EXHIBIT E – Affidavit of Eligibility Forms or Certificate of Eligibility.

☐ Bidder has submitted an ATTACHMENT A – Contractor Qualifications.

SECTION 4. BID AFFIDAVIT; NON-COLLUSION

I, ___________________________________, as a duly authorized employee of the Company, affirm I have executed this Bid with full authority to do so and that the Company has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with above named project with any other Bidder, and;

that all statements contained in our bid and in this affidavit are true and correct, and made with full knowledge that Central Florida Tourism Oversight District relies upon the truth of the statements contained in said Bid, and in the statements contained in this affidavit in awarding a contract for this project.

Affirmed this ________ day of _______________________, _______.

LEGAL COMPANY NAME:

By:

(Signature)

Printed Name:

Title:

Telephone:

E-Mail:

Home Office Address:

EXHIBIT D – Client Reference List

Project: CEP & NSCEP Chiller Overhauls

CLIENT REFERENCE LIST

Please use this form to provide at least two (2) client references for similar services performed within the past three (3) years.

CLIENT NAME

PROJECT NUMBER &

NAME

CONTACT NAME &

PHONE NUMBER

START &

COMPLETION DATES

DESCRIPTION OF SERVICES PERFORMED SIMILAR TO THIS BID

CLIENT NAME

PROJECT NUMBER &

NAME

CONTACT NAME &

PHONE NUMBER

START &

COMPLETION DATES

DESCRIPTION OF SERVICES PERFORMED SIMILAR TO THIS BID

CLIENT NAME

PROJECT NUMBER &

NAME

CONTACT NAME &

PHONE NUMBER

START &

COMPLETION DATES

DESCRIPTION OF SERVICES PERFORMED SIMILAR TO THIS BID

CLIENT NAME

PROJECT NUMBER &

NAME

CONTACT NAME &

PHONE NUMBER

START &

COMPLETION DATES

DESCRIPTION OF SERVICES PERFORMED SIMILAR TO THIS BID

Veteran Small Business & Buy Local Program

____ Veteran Small Business:

• The business owned and controlled by veterans as defined in Section 502 of the Veterans

Benefits, Health Care, and Information Technology Act of 2006, as such may be amended from time to time, which business is also:

(i) domiciled in the State of Florida; and

(ii) listed in the federal Database of Veteran-owned Businesses.

• REQUIRED ATTACHMENTS:

o Proof the business is a small business concern that is owned and controlled by veterans as defined in Section 502 of the Veterans Benefits, Health Care, and Information Technology Act of 2006.

____Local Business (Buy Local):

• The business has its headquarters, manufacturing facility, or principal office located or having a street address within the jurisdictional boundaries of Orange, Osceola, Lake, Polk, or Seminole County for at least six (6) months immediately prior to the issuance of the solicitation to which the business is responding; OR

• The Owner/Principal of the business maintains his/her primary residence within the jurisdictional boundaries of Orange, Osceola, Lake, Polk, or Seminole County.

• REQUIRED ATTACHMENTS:

o A physical business address (no post office boxes will be considered);

o A copy of a valid and current Local Business License Tax Receipt duly issued by a local government located within the jurisdictional boundaries of Osceola, Orange, Lake, Polk or Seminole County; and, o Any other information requested by the district that would verify local business status.

Business Information and Signature:

Business Name: ___________________________________________________________________________________

Signature: _________________________________________________________________________________________

Affidavit of Eligibility Form Submit this form with bid response for solicitations that have Veteran & Buy Local Preference if not already certified.

Select Veteran Small Business or Local Business (Buy Local)

EXHIBIT E - Affidavit of Eligibility Forms

OPPORTUNITY ZONE PROGRAM

The Opportunity Zone Program is a federal program and aims to foster economic development and job creation in economically distressed communities. It was created by the Federal Tax Cuts and Jobs Act of 2017 to encourage businesses, developers and financial institutions to invest long-term capital in low-income census tract areas.

CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT -

OPPORTUNITY ZONE PROGRAM

The objective of this program is to increase and encourage bidding and contracting participation of businesses located within designated Qualified Opportunity Zones in the following counties:

Orange;

Osceola;

Lake;

Polk; and Seminole.

Businesses having their main office located within the Opportunity Zones maps of Orange, Osceola, Lake, Polk, and Seminole counties indicated in the below link are eligible:

Opportunity Zones Program - FloridaJobs.org

Business Information and Signature:

By signing below, I certify the main office of the Business is located with the Opportunity Zones maps of Orange, Osceola, Lake, Polk, or Seminole county.

Business Name: _______________________________________________________________________________________

Main Office Address:__________________________________________________________________________________

Opportunity Zone County: ___________________________________________________________________________

Signature: _____________________________________________________________________________________________

Opportunity Zone Program

Affidavit of Eligibility Utilize this form when responding to a solicitation, but not certified in program.

EXHIBIT E - Affidavit of Eligibility Forms https://www.irs.gov/credits-deductions/businesses/opportunity-zones https://www.floridajobs.org/business-growth-and-partnerships/for-businesses-and-entrepreneurs/business-resource/opportunity-zones-program

ATTACHMENT 1 – Contractor Qualifications

Project: CEP & NSCEP Chiller Overhauls

CONTRACTOR QUALIFICATIONS

I. General

A. Do you have experience working on / maintaining industrial (>1000 Ton) water-cooled chillers?

B. Have you had any Letters of Deficiency or contract defaults from anyone in the past three (3) years?

C. Will you be able to provide requested services and return equipment to operation by April 1, 2024?

D. Provide two (2) references that you have performed similar work for in the past three (3) years.

II. Motors

A. Are you, or the company you plan to use, certified by Johnson Controls to work on / refurbish their motors?

B. Do you have experience with York YK 1000 ton chiller motors? If so, how many have you performed maintenance / overhaul on in the past three (3) years?

C. Do you have experience with York YK 2000 ton chiller motors? If so, how many have you performed maintenance / overhaul on in the past three (3) years?

D. Will you be able to provide a detailed tear down report within two (2) weeks of receipt of the motor at the repair facility?

ITB # C006482 Page 2 of 2

III. Compressors

A. Are you, or the company you plan to use, certified by Johnson Controls to work on / refurbish their chiller compressors?

B. Do you have experience with York YK 1000 ton chiller compressors? If so, how many have you performed maintenance / overhaul on in the past three (3) years?

C. Do you have experience with York YK 2000 ton chiller compressors? If so, how many have you performed maintenance / overhaul on in the past three (3) years?

IV. Condenser Tubes

A. Do you, or the company you plan to use, have experience removing and installing heads and water boxes on industrial water-cooled chillers? If so, approximately how many have you removed / installed in the past three

(3) years? Out of these, how many have leaked upon installation and required rework?

B. Do you, or the company you plan to use, have experience performing Eddy current testing (“ECT”) on industrial water-cooled chiller tubes?

C. Do you, or the company you plan to use, have experience interpreting the information from ECT?

D. Do you, or the company you plan to use, have experience in plugging tubes in industrial water-cooled chillers?

If so, approximately how many tubes have you plugged in the past three (3) years? How many of these tube plugs have leaked and required rework?

ATTACHMENT 2 – Sample Contract

Services Agreement June 2023 ed.

Project: {cmsprojectname69} Agreement No. {cmagreement356}

SERVICES AGREEMENT

THIS AGREEMENT, is made effective as of ____________________ by and between Central Florida Tourism Oversight District (herein referred to as the ("Owner"), whose mailing address is P.O. Box 10170, Lake Buena Vista, Florida 32830-0170, and {cmexternalpartyname363}, (herein referred to as the "Contractor"), whose mailing address is {cmexternalpartyaddress335}, {cmexternalpartycity336}, {cmexternalpartystate340} {cmexternalpartyzipcode341}.

W I T N E S S E T H

WHEREAS, Owner desires to employ the services of Contractor for a period beginning {cmstartingdate287} and ending {cmexpirationdate287}, or as otherwise modified as set forth in this Agreement, to perform the hereinafter described Services, and Contractor desires to be so employed.

NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations contained in this Agreement, the parties agree as follows:

1. DEFINITIONS.

a. Agreement. The Agreement consists of this Services Agreement, the Scope of Services, the Special Contract Conditions, the form of Changed Service Authorization, the form of General Release, and all other documents enumerated on the List of Exhibits set forth below. The Agreement represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended or modified only as set forth below in Article 6.

b. Services. The term "Services" as used in this Agreement shall be construed to include all Services set forth in Exhibit A, all obligations of Contractor under this Agreement and where any Changed Service Authorizations have been issued pursuant to Article 6 of this Agreement, the changed Services set forth therein.

2. SCOPE OF SERVICES.

a. A description of the nature, scope and schedule of Services to be performed by Contractor under this Agreement in accordance with the following List of Exhibits:

i. Exhibit A, Scope of Services and Pricing, ___ page

ii. Exhibit B, Special Contract Conditions, 15 pages

3. BASIS FOR COMPENSATION AND PAYMENTS.

Lump Sum.

a. Provided that the Contractor shall strictly and completely perform all of its obligations under the Agreement, and subject only to additions and deductions by Changed Service Authorization as set forth in Article 6, the Owner shall pay to the Contractor, in current funds and at the times and in the installments hereinafter specified, the sum of {cmsfeeamt_proposedtotal337} DOLLARS ({cmsoriginal_totalamt172}) (herein referred to as the "Lump Sum Fee") to cover the Contractor's profit, general overhead and all costs and expenses of any nature whatsoever (including, without limitation, taxes, labor and materials), and any increases in said costs and expenses, incurred by the Contractor in connection with the performance of the Services, all of which costs and expenses shall be borne solely by the Contractor.

b. The Contractor shall on the twenty-fifth (25th) day of each calendar month deliver to the

Owner an Application for Payment in such form and with such detail as the Owner requires.

Services Agreement: {cmagreement356} Date: {cmsfinalapprovaldatetime296}

c. Based on the Contractor's Application for Payment, and the Owner’s acceptance and approval thereof, the Owner shall make equal monthly payments to the Contractor on account of the Lump Sum Fee.

Such monthly payments shall be made on or before the fifteenth (15th) day of each calendar month or the twentieth (20th) day after receipt by the Owner of the Contractor's Application for Payment and of such documentation, to verify the amount owed as the Owner may require, whichever is later; provided, however, that the Owner shall have no obligation to make payment as aforesaid if it has withheld approval of any Application for Payment.

d. Contractor shall be compensated for any Services beyond those set forth in Article 2, in such an amount as the parties shall mutually agree in advance, such amount to be added to the Lump Sum Fee and invoiced and paid in accordance with the terms of Paragraphs b and c above; provided, however, that Contractor shall not be entitled to compensation for such Services unless Contractor has obtained prior written authorization of Owner to perform the same in accordance with the provisions of Article 6 of this Agreement.

e. Owner retains the right to reduce any portion of Contractor's Scope of Services as set forth in Article 2, or in any Changed Service Authorization, in accordance with the provisions of Article 6 of this Agreement.

In such event Owner shall be entitled to a proportionate reduction to the Lump Sum Fee.

f. All invoices should reference the contract number and be submitted to the following address:

Central Florida Tourism Oversight District C/O: Reedy Creek Energy Services – Utilities Division

Attention: Accounts Payable P.O. Box 690759

Orlando, Florida 32869 All invoices shall be sent to WDW.RCES.Billing@disney.com

4. REPRESENTATIONS, WARRANTIES, AND COVENANTS.

Contractor hereby represents to Owner that: (a) it has the experience and skill to perform the Services as set forth in this Agreement; (b) that it shall comply with all applicable federal, state, and local laws, rules, codes, and orders of any public, quasi public or other government authority; (c) it is duly licensed to observe and perform the terms, covenants, conditions and other provisions on its part to be observed or performed under this Agreement; (d) it has by careful examination satisfied itself as to: (i) the nature, location and character of the general area in which the Services are to be performed including, without limitation, the surface conditions of the land and all structures and obstructions thereon, both natural and manmade, the surface water conditions of the general area and, to the extent pertinent, all other conditions; and (ii) all other matters or things which could in any manner affect the performance of the Services.

5. INSURANCE; INDEMNIFICATION.

A. The Contractor shall at its expense procure and maintain during the life of this Contract and for two (2) years thereafter (and shall require the same from its Subcontractors and Sub-subcontractors) the following types and minimum amounts of insurance:

i. Commercial General Liability Insurance including liability assumed under written contract, bodily injury, property damage, personal and advertising injury, and products/completed operations liability written on an occurrence basis with minimum combined single limits for bodily injury and property damage of $1,000,000 per occurrence;

ii. Automobile Liability coverage for all owned, non-owned and hired vehicles written on an occurrence basis, with minimum combined single limits of

iii. Workers’ Compensation Insurance providing statutory benefits and Employer’s Liability Insurance with minimum limits of $1,000,000 per occurrence;

iv. Umbrella Liability on a follow-form basis providing coverage excess of the underlying policies required by i., ii, and iii. above in an amount of at least

v. If Contractor is providing any kind of professional service or advice including design, architectural, surveying, legal, financial, accounting or similar then Contractor will also carry Professional Liability/Errors & Omissions insurance with a limit of at least $1,000,000 per occurrence. This insurance may be on a claims-made form if there is a retroactive date that precedes the first date of work or services under this agreement and is maintained for at least 2 years following the conclusion of work.

vi. If Contractor is using, transporting or disposing of any hazardous materials, potentially harmful materials, chemicals, waste or similar then Contractor will also carry Pollution Liability insurance with a limit of at least $1,000,000 per occurrence. This insurance may be on a claims-made form if there is a retroactive date that precedes the first date of work or services under this agreement and is maintained for at least 2 years following the conclusion of work.

vii. If work will include the use or operation of any crane, total limit of Umbrella liability insurance will be at least $4 million.

viii. If Contractor is using any kind of aircraft including unmanned aerial vehicles (drones) then use must be approved by Owner and liability insurance satisfactory to Owner must be obtained.

Contractor is not required to commercially insure its owned, rented or borrowed machinery, tools, equipment, office trailers, vehicles, and other property but agrees that Owner is not responsible for and Contractor holds Owner harmless for loss, damage or theft of such items.

B. All insurance required under this Article shall be with companies and on forms authorized to issue insurance in Florida and with an insurer financial strength rating from AM Best of no less than A- or an equivalent rating from a similar, recognized ratings agency unless such requirements are waived, in writing, by the Owner’s Risk Manager. Certificates of insurance (or copies of policies, if required by the Owner) shall be furnished to the Owner.

C. CANCELLATION. All such insurance required by this Article shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days unrestricted prior written notice thereof is furnished to Contractor, who agrees to promptly relay any such notice received to Owner.

D. ADDITIONAL INSUREDS. Each liability policy required herein (except Workers’

Compensation or Professional Liability) shall schedule as Additional Insureds, on a primary and non-contributory basis, the Owner and its affiliated entities and their supervisors, officers, employees, agents and assigns.

E. WAIVERS. The Contractor hereby waives, and will require its Subcontractors and Sub-subcontractors to waive and to require its and their insurers to waive their rights of recovery or subrogation against the Owner and its affiliated entities, supervisors, officers, employees, agents and assigns.

F. CLAIMS. The Contractor and its Subcontractors and Sub-subcontractors shall assist and cooperate in every manner possible in connection with the adjustment of all claims arising out of the operations conducted under or in connection with the Work and shall cooperate with the insurance carrier or carriers of the Owner and of the Contractor, its Subcontractors and Sub-subcontractors in all litigated claims and demands which arise out of said operations and which the said insurance carrier or carriers are called upon to adjust or resist.

G. INDEMNIFICATION. The Contractor shall indemnify the Owner from and against any and all claims, suits, judgments, damages, losses and expenses (including attorneys' fees) of any nature whatsoever to the extent caused by the negligence, recklessness or intentional wrongful misconduct (which includes, without limitation, any failure of the Contractor or any of its Subcontractors or Sub-subcontractors to perform and complete the Work in strict compliance with the Contract Documents, unless such failure has been specifically waived by the Owner in writing upon final acceptance of the Work) of the Contractor or any persons employed or utilized by the Contractor in the performance of the Contract, including without limitation, any Subcontractor or Sub-subcontractor (or their employees), utilized by the Contractor in the performance of the Work. The provisions of this paragraph shall survive the expiration or sooner termination of this Agreement.

6. MODIFICATIONS, ADDITIONS, OR DELETIONS TO THE SERVICES.

a. A Changed Service Authorization shall be a writing by the Owner that shall consist of additions, deletions, or other modifications to the Agreement agreed to by the Contractor.

b. The Owner may, from time to time, without affecting the validity of the Agreement, or any term or condition thereof, issue Changed Service Authorizations which may identify additional or revised Scope of Services, or other written instructions and orders, which shall be governed by the provisions of the Agreement. The Contractor shall comply with all such orders and instructions issued by the Owner. Upon receipt of any such Changed Service Authorization, the Contractor shall promptly proceed with the Changed Service Authorization, and the resultant decrease or increase in the amount to be paid the Contractor, if any, shall be governed by the provisions of Article 3 in this Agreement.

7. PROTECTION OF PERSONS AND PROPERTY.

a. The Contractor shall be responsible for initiating, maintaining and supervising safety precautions and programs in connection with the Services, and shall provide all protection to prevent injury to all persons involved in any way in…