RFP2025-005_Modernization_of_City_Hall_Elevators.pdf

* REQUEST FOR PROPOSAL *

I. The CITY OF KISSIMMEE is seeking SEALED PROPOSALS on the following:

Request for Proposal Number RFP2025-005 Modernization of City Hall Elevators

II. All proposals must be submitted in a SEALED envelope and plainly marked with the proposal number on the exterior of the proposal envelope, one (1) original, two (2) copy and (1) electronic copy on CD or Flash Drive.

III. To be considered proposals MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before 2:00 p.m. May 16, 2025.

IV. All proposals shall be opened and read publicly in the City of Kissimmee Finance

Department 4th Floor, Allendale Conference Room, 101 Church Street, Kissimmee, Florida at 2:30 p.m. May 16, 2025

V. All proposals must be according to specifications and conditions, and on the forms provided herein.

VI. The Proposal's name and address shall be clearly shown on the exterior of the Sealed

Envelope.

VII. The City of Kissimmee reserves the right to accept and/or reject any or all proposals, with or without cause, to waive technicalities or to accept the proposal which, in its judgment, best serves the interest of the City of Kissimmee. Persons are advised that, if they decide to appeal any decision made concerning the award of this proposal, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Proposal results other than the apparent low offer will not be provided in response to telephone inquiries. Proposals desiring a copy of the Abstract of Offers should include such request with a self addressed stamped envelope in their proposal.

Brandon Durango Procurement Manager

General Requirements:

1.1 PROPOSAL PREPARATION

Submission of a proposal in response to this solicitation shall evidence the proposer’s acknowledgement that he is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the proposer’s schedule. Each proposer is responsible for the completeness and accuracy of their proposal. Proposals must show manual signatures by an individual authorized to offer such obligations, and shall contain evidence of that person’s authority to make such offers. Unsigned proposals will be rejected. Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the proposal. Proposers should include all descriptive literature specifications, or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the proposal being declared non-responsive.

1.2 SUBMISSION OF PROPOSALS

All bids shall be submitted during normal business hours in a sealed envelope on the forms included with this solicitation with the bidder’s name and address and bid number plainly marked on the exterior of the envelope. Timely submission of a bid is important. Official receipt is acknowledged using an atomic date/time stamp interfaced with the U.S. Government’s National Institute of Standards and Technology (NIST) which is the official time keeper for the U.S.

Facsimile or telegraphed bids will not be accepted.

1.3 PRICING

The unit price for each item being proposed will be shown on the Proposal Schedule and will include all costs for or associated with the item. A total for each line item will be entered on the Proposal Schedule. In case of a discrepancy between unit price and extended price, the unit price shown shall prevail.

1.4 DELIVERY

Exact delivery times frames or dates must be shown on the proposal, such as, “(x) days after receipt of order”. Number of days for delivery shall be presumed to include all weekends or holidays in the period. All offers shall be FOB Destination and shall include inside delivery to the delivery point specified.

1.5 DEFAULT

Should the successful proposer for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified offer. The proposer in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.6 LATE PROPOSALS AND WITHDRAWL OF OFFERS

No proposal will be accepted after the published deadline for accepting proposals in response to this solicitation. Proposals may be withdrawn at any time prior to the official time set for the proposal opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official proposal opening.

1.7 DISCOUNTS

Proposers may offer cash discounts for prompt payment, however, any such discount offered will not be considered as a factor in determining the lowest proposals offered. Any other discounts should be reflected in the unit price proposal.

1.8 PROPOSAL EVALUATION AND AWARD

All proposals received will be evaluated based on one or more of the following factors: price;

quality of product offered; compliance with specifications; delivery; reputation of the proposal;

previous contract’ proximity of parts and service; compatibility with similar, existing products; and any other factors detailed in the specifications. Award will be made to the lowest responsive and responsible proposer complying with the provisions of the invitation to Proposal, provided that such award is in the best interests of the City of Kissimmee.

The City of Kissimmee reserves the right to accept and /or reject any or all proposals in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line item basis;

and accept the proposal which in its judgment, best services the interest of the City of Kissimmee.

Proposers are cautioned that no communication with any City of Kissimmee employee involved in the evaluation process is authorized during the proposal evaluation process unless such communication is originated by the City of Kissimmee for the purpose of clarifying the proposal.

Questions regarding the status of any proposal should be directed to the Purchasing Manager.

Proposal awards will be posted in the Purchasing Office after Commission Approval. Vendors are responsible for following up on the status of any proposal. The City of Kissimmee will only notify successful vendor(s).

1.9 BILLING AND PAYMENT

The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in 2 copies to the City of Kissimmee Accounting Department, 101 Church Street Kissimmee, FL 34741, show the Vendor FEID Number, the purchase order number and be based on proper delivery installation or provision of goods or services to and accepted by The City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.10 SAMPLES

The City of Kissimmee may, at its discretion, require submission of samples for inspection and testing. When specifications require such submissions, all costs for such samples, including postage, will be the responsibility of the proposer. Samples that are not consumed in the evaluation process or determined necessary for comparison with future deliveries may be returned at the proposers request and at the proposers’ expense. The City of Kissimmee will not be held liable for any sample provided.

1.11 SILENCE OF SPECIFICATIONS

The silence of these specifications regarding exact details of any product or service required shall be regarded as meaning that only the best commercial practices will prevail and that only materials of first quality and correct type, size, or design are to be used. All workmanship will be first quality. Unless otherwise specified all products provided as a result of this solicitation will be new, unused, the latest model in production, and in compliance with the enclosed specifications.

1.12 USE OF BRAND NAMES

Unless otherwise stated, the use of brand names in specifications is not intended to restrict any offer. Brand names are only used to illustrate the type and quality of product acceptable for this solicitation and to provide a simplified specification. Vendors should feel free to propose any equal item provided that all exceptions to these specifications are clearly identified and explained and definitive specifications for the item being proposed including product literature, cuts or samples are included with the proposal. The City of Kissimmee reserves the sole right of final determination of product equivalency.

1.13 WARRANTY

All warranties for products or services provided under any contract resulting from this solicitation will meet or exceed that warranty offered the providers most favored customer and in no instance will be less than unlimited twelve-month non-prorated warranty. If individual specifications contained herein require a warranty in conflict with this provision, the warranty provisions of the individual specification shall prevail.

1.14 ADDENDUMS

In the event modifying addenda to the basic solicitation are issued the City of Kissimmee will attempt to provide such addenda to all vendors who have been furnished proposal packages.

However, it shall be the proposer’s responsibility to verify with the Purchasing Office before the proposal is submitted whether or not addenda have been issued and to obtain such addenda for submission with the proposal. Receipt of any addenda issued must be acknowledged on the proposal schedule.

1.15 PROPOSERS CERTIFICATION

By signature on this proposal, proposer certifies or in the case of a joint proposal each party certifies that:

A. He has not given, offered nor intends to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City of Kissimmee in connection with this proposal.

B. That the proposer has not divulged or discussed his offer with other proposers.

C. Prices offered have been determined independently without collusion with other proposers for the purpose of restricting competition.

D. No attempt has been made to induce any potential proposer to submit or decline to submit an offer in response to this solicitation.

1.16 “NO PROPOSAL” RESPONSE

Vendors electing to not submit proposals in response to this solicitation should complete the attached “Notice to Proposers” form. Failure to return the form may result in your omission from future proposal lists.

1.17 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by Contractor.

1.18 CONE OF SILENCE – The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award.

The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time vendors, service providers and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Managers, or elected officials. Any vendor who attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation.

Exceptions to the Cone of Silence –

• Written communications directed to the Procurement Officer;

• All communications occurring at pre-bid meetings;

• Oral presentations before publicly noticed committee meetings;

• Procurement of goods and services for Emergency situations; and

• Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

1.19 PROTEST

Any protest must be made within three (3) days following posting of the proposal award. Protest procedures are available from the City of Kissimmee Finance Department 4th Floor Attn:

Purchasing Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

1.20 SOCIAL, POLITICAL, OR IDEOLOGICAL FACTORS: Pursuant to Section 287.05701, Florida

Statutes, as may be amended, the City cannot give preference to a Consultant based on the Consultant’s social, political, or ideological interest. 287.05701 Prohibition against considering social, political, or ideological interests in government contracting.

(1) As used in this section, the term “awarding body” means:

(a) For state contracts, an agency or the department.

(b) For local government contracts, the governing body of a county, a municipality, a special district, or any other political subdivision of the state.

(2)(a) An awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

(b) An awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

2.0 SPECIAL PROVISIONS:

2.1 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.133,F.S.

for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 INDEMNITY: The Contractor will indemnify and hold harmless the City of Kissimmee from and against all claims, damage loss, and expenses arising out of, or resulting from, the performance of their operations under this contract.

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the service.

The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

• All employees on the job and all other persons who may be affected thereby.

• All the work, materials, and equipment, whether in storage on or off the site, under the care, custody, or control of the Contractor; and

• Other property at the site including trees, shrubs, lawns, walks, pavements, and roadways.

The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful http://www.kissimmee.gov/ order of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.

In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss.

2.3 CLARIFICATION OF REQUIREMENTS: Questions regarding clarification or interpretation of the technical specifications and/or non-technical nature regarding this solicitation must be addressed IN WRITING to Debbie Luke, Purchasing Coordinator at 101 Church Street, Kissimmee, Florida 34741 OR BY EMAIL to procurement@kissimmee.gov not less than seven (7) days prior to the RFP opening date.

However, unless modified by a written addendum issued by the Purchasing Manager, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative or binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Manager for the City of Kissimmee. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this proposal will be furnished in writing to all vendors who have received proposal packages.

2.4 No minor children are permitted to accompany proposers during pre-proposal conferences, proposal opening or site tour.

2.5 A link to this website is available through the City’s Web Page http://www.kissimmee.gov under the Finance Department, Purchasing. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Proposers, who do not have Internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with the Proposal response.

2.6 The City of Kissimmee has a Local Vendor Preference Policy: When written bids, responses to request for proposals or quotations are received by the City as part of the competitive sealed bid process, and the lowest responsible price is offered by an individual or entity that is not an Osceola County person, firm and/or corporation and the next lowest responsible bidder is an Osceola County person, firm and/or corporation, the Osceola County individual or entity will be given an opportunity to match the lowest price offered.

If an offer is made to match the lowest price and the Osceola County individual or entity is otherwise fully qualified and meets all City requirements, the bid shall be awarded to the Osceola County individual or entity at the lowest price. In order to receive the local vendor preference provided herein, the Osceola County individual or entity that qualifies as the next lowest price bidder hereunder, must unconditionally agree in writing to match the lowest price bid and deliver to the City designated representative by 8:30 a.m. on the third regular business day after notification of opportunity to match bid. Eligibility form is Attachment A.

2.7 INSURANCE PROVISIONS: The Successful bidder will have in force the following insurance coverage and will provide Certificates of Insurance prior to commencement of any work.

A) Workers’ Compensation: The Contractor will provide Worker’s Compensation coverage for all employees at the site location and, in case any work is subcontracted, will require the subcontractor to provide Workers’ Compensation for all his employees. The limits will be statutory for Workers’ Compensation and $300,000.00 for Employers’ Liability.

B) Comprehensive General Liability: The Contractor will provide for all operations including, but not limited to Contractual, and Products and Completed Operations. The limits will be not less than $1,000,000.00.

mailto:procurement@kissimmee.gov http://www.kissimmee.gov/

C) Comprehensive Automobile Liability: The Contractor will provide coverage for all owned and non-owned vehicles for limits of not less than $1,000.000.00.

D) Umbrella Liability: The Contractor will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00.

2.8 BOND REQUIREMENTS: This bid requires the following bonds:

A. 5% bid bond issued by a surety licensed to do business in the state of Florida submitted with the bid.

B. 100% Performance bond issued by a surety licensed to do business in the state of

Florida prior to commencement of work.

2.9 ALTERNATE BIDS WILL NOT BE ACCEPTED:

If two bids are received from a company one bid will be returned unopened. If two different bids are included in a single envelope, both will be rejected at the bid opening.

2.10 NON-MANDATORY PRE-BID: A Non-Mandatory pre-bid meeting is scheduled for 2:00PM April 23, 2025 in the Commission Chambers at City Hall 101 Church Street 1st Floor, Kissimmee, FL 34741 with a site visit after. All bidders attending and should be prepared to take any measurements or address any questions at that time. Deadline for questions is April 30, 2025 at 5pm, an addendum if needed will be sent out to all vendors not later than May 06, 2025 at 5pm.

2.11 REFERENCES: All submittals must include with the bid a listing of references. This listing should include a contact's name and phone number. At least three (3) of the references should be similar in size and scope of services to the requirements of this bid.

2.12 POST AWARD CONFERENCE: The selected vendor will meet with the owner’s representative within 10 calendar days after notice to proceed for the purpose of providing proof of insurance, performance bonds and pre-construction walk thru.

2.13 IMPACT FEES AND PERMIT FEES:

• Contractor is responsible for all required permits and inspections and pays all fees.

• No work shall be covered and/or concealed until properly inspected and tested.

2.14 FEES AND LICENSURE COST: This bid requires the following fees/licensure; proof of a valid Business Tax Receipt from the jurisdiction of the bidder's place of business.

2.15 TERM: The contract is in effect until a final Certificate of Occupancy is issued but no longer than 12 months from the effective date of the contract, unless modified in writing by the parties.

2.16 CONTRACT: Sample contract located on page 15 - 27

3.0 SCOPE OF SERVICES:

The Scope of Services requested includes inspection by Offeror of the City of Kissimmee City Hall elevators #1 and #2, and providing a complete turn-key modernization to ensure the safety and functionality of the elevators at Kissimmee City Hall. This modernization shall include those required operational updates to comply with the requirements of Chapter 399 of the Florida Statutes "Elevator Safety”, and Part 3.10.12 of ASME Al 7.3-2015, “Safety Code for Existing Elevators and Escalators”. It shall be the responsibility of Offeror to provide all aspects of service required including, but not limited to: technical expertise; supervision; qualified labor; customary tools, equipment, and trade accessories; parts, materials and supplies (except as excluded);

programming software; transportation, and; all other services that are necessary for the proper execution, and performance.

Proposal Item #1 The technical requirements presented below are for the following elevators:

• Kissimmee City Hall Elevator #1, Dover DMC Hydraulic Passenger with 5 landings

• Kissimmee City Hall Elevator #2, Dover DMC Hydraulic Passenger with 5 landings

Equipment Address:

Kissimmee City Hall 101 Church St Kissimmee Fl 34741-5054

Technical Requirements

1. Conversion from Hydraulic to Traction:

Convert two main City of Kissimmee City Hall Elevators to complete traction operation in accordance with industry standards. Conversion shall include MRL Traction with machine room-based controllers, and entrances are to be retained, digital controllers and regenerative drives.

2. Compliance with Safety Codes and Regulations:

a. Florida Department of Business and Professional Regulation has adopted a new ASME Elevator code. Provide for all required modifications to comply with ASME Elevator Safety Code part 3.10.12 of ASME A17.3-2015, Safety Code for Existing Elevators and Escalators. The new safety code requirements of Section 3.10 Operating Devices of the Elevator with Faulty Door Contact Circuits must be completed.

b. Ensure the modernization project complies with all relevant safety codes and regulations, including those set by local authorities and the elevator industry Standards.

c. Conduct necessary safety tests, inspections, and certifications to ensure the elevator meets all safety requirements.

d. Update necessary documentation, such as maintenance manuals and logbooks, to reflect the modernization changes.

3. Cab Interiors and Interior Refurbishment:

a. Assess the condition of the elevator cab, including the flooring, walls, ceiling, and lighting.

b. Refurbish elevator cab interiors to the extent needed to maintain aesthetic appeal with the new upgraded elevator features and functionality. Changeout of the respective elevator cab interiors may not be required.

c. Repair or replace any damaged or worn-out cab components.

d. Install new aesthetic elements, such as wall panels, handrails, and mirrors, to refresh the elevator interior.

e. Upgrade the lighting system to energy-efficient LED fixtures.

f. Install new flooring and decorative elements, as per the City of Kissimmee specifications.

4. Testing and Commissioning:

a. Perform thorough testing of all modernized components and systems to ensure proper functionality and reliability.

b. Conduct load testing to verify that the elevator can safely carry its rated capacity.

c. Fine-tune the control system parameters for optimal performance.

d. Obtain necessary regulatory approvals and certifications for the modernized elevator

System.

5. Training and Handover:

a. Provide training sessions to building staff and maintenance personnel on the operation and maintenance of the modernized elevator system.

b. Supply operation and maintenance manuals, as well as a list of recommended spare parts and consumables.

c. Conduct a final walkthrough with the City of Kissimmee facilities management to demonstrate the modernized elevator's features and functionality.

d. Hand over all necessary documentation, including warranties and certificates, to the City of Kissimmee facilities management.

6. Schedule:

a. Bidder shall provide approximate lead times and preliminary schedules for this RFP Proposal Item.

7. Other Required Work:

Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions.

Complete all work required to comply with existing elevator code, including but not limited to required revisions of structure that work in sync with existing elevator system. This includes, but is not limited to the following:

a) HVAC in elevator machine room

i) Assess the existing HVAC system associated with the elevator machine rooms, including the ventilation and cooling, and requirements.

ii) Revise the existing HVAC system, if necessary, that meets the ventilation and cooling requirements for the gearless elevator system. This may involve selecting new equipment and ductwork design.

iii) Evaluate the Installation of the revised HVAC system and ensure that it is properly connected to the gearless elevator equipment.

b) Electrical Design

i) Review the existing electrical infrastructure and connections for the Port’s geared elevator system in the machine room.

ii) Determine the power requirements for the new gearless elevator system and assess whether the existing Port infrastructure can support it.

iii) Design a revised electrical system, if necessary, that meets the power requirements for the gearless elevator. This may involve upgrading or replacing electrical equipment, such as transformers and switchgear.

iv) Evaluate the installation of the revised electrical system and ensure that it is properly connected to the gearless elevator equipment and meets all applicable electrical codes and standards.

c) Machine room and pit lighting

d) Compliance operation with existing emergency power systems

e) Elevator Phone lines

f) Fire alarm upgrades

g) Security Camera installation

4.0 SELECTION:

4.1 EVALUATION CRITERIA

Evaluation of proposals will be conducted by an evaluation committee. The committee's goal will be to identify the proposal which will overall best meet the needs of City of Kissimmee as determined from the proposals received and subsequent investigation by the City. General factors to be applied will be:

In a narrative format, Bidder shall at a minimum address the following topics and expand on the Bidders capability, understanding and capacity to provide the requested Services. These items correspond to Scoring identified in the Evaluation Section later in this document.

1. Experience and Ability of Team and Project Leaders (25 Points)

Provide a written narrative for the information below as it relates to the bidder’s Team.

a. Bidders Experience: Demonstrate considerable relevant experience with the scope of services identified within this RFP and emphasize the experience and capabilities of the personnel who will perform the work.

b. Past Performance: Identify bidder’s Team’s experience with turn-key upgrade and modernization of elevators to ensure their safety and functionality. Specifically describe those projects that best characterize the bidder’s capabilities.

c. Team Experience (project manager, superintendent and relevant subcontractors):

Provide brief resumes or descriptions of relevant experience for the proposed Project Manager and key project team members and subcontractors to be utilized and their experience with the scope of services in this RFP.

2. Understanding of Phasing and Operations (25 Points) Provide a detailed narrative demonstrating the bidder’s comprehensive understanding of the project's scope, illustrating their capability to fulfill all project requirements and highlighting the technical adequacy of their proposed approach.

3. Cost Proposal Requirements (50 Points)

a. Prepare Cost Proposals on the Cost Proposal Forms provided in this RFP with all blanks on the Cost Proposal Forms filled in by electronic means, typewriter, or written in blue ink.

b. A Cost Proposal from a corporation shall include a current certificate of good standing from the Secretary of State of Florida and the home jurisdiction of the bidder, if different from Florida.

*** THIS SCHEDULE OF OFFERS SHOULD BE THE FIRST PAGE SUBMITTED

WITH YOUR PROPOSAL ***

RFP2025-005

I/we, the undersigned, hereby declare that I/we have reviewed the proposal documents and with full knowledge and understanding of all specifications and conditions contained therein do submit, (in duplicate), our proposal as follows with full understanding that the proposal package in its entirety is made a part of any agreement, contract or order between the City of Kissimmee and the successful proposer.

ITEM NO. DESCRIPTION TOTAL COST

1 City Hall Elevators $______________

DELIVERY TIME (F.O.B. DESTINATION) ______________________

ACKNOWLEDGMENT OF ADDENDA NO.(S) (IF APPLICABLE)

(Signature)

ALL PRICES QUOTED ARE GOOD FOR A PERIOD OF 90 DAYS.

We do not take exception to Specifications.

(initial) We take exception to Specifications as follows:

(initial) (attach additional sheets, if necessary)

COMPANY NAME

COMPANY ADDRESS _______________________________________

NOTE: OFFERS NOT RECEIVED IN DUPLICATE MAY BE REJECTED.

VENDORS ARE RESPONSIBLE FOR DELIVERY OF THEIR PROPOSALS TO

THE ADDRESS INDICATED ON THE PROPOSAL COVER SHEET PRIOR TO

THE DATE AND TIME SHOWN.

PROPOSALS NOT SO DELIVERED MAY BE REJECTED.

BY: DATE: _________________________

(signature)

________________________________ EMAIL:________________________

(typed name/title of signer)

TELEPHONE NO.: ( ) FAX NO.: ( )_______________

*NOTICE*

RFP2025-005

If for some reason you are not participating in this solicitation, PLEASE complete the following and return to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor file.

Company Name: _________________________________ Address: _________________________________

Phone Number: ( )_______________________ Fax Number: ( )_______________________ Continue on Vendor List: Yes No Large Business Small Business Minority Owned

Reason for no response to the solicitation:

Cannot supply at this time Suitable, but engaged in other work Quantity too small Cannot meet required minimum Opening date does not allow sufficient time to complete Equivalent not presently available Other reasons or remarks: ______________________________________________

Signature

IDENTICAL TIE PROPOSALS

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals, which are equal with respect to price quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than 5 days after such conviction.

5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Vendor's Signature

Attachment A.

Local Vendor Affidavit of Eligibility

This form is to be completed in its entirety by the vendor and submitted along with your bid or quote. Incomplete forms will be rejected for preference evaluation.

State of Florida County of Osceola

Before me on this _____day of ________________20___, personally appeared

(print name)___________________________ being an authorized representative of lawful age, who being by me first duly sworn, on his/her oath, deposes and says:

(print name of company) ____________________________ MEETS ALL CRITERIA AS REQUIRED BY

THE CITY OF KISSIMMEE TO QUALIFY FOR LOCAL VENDOR PREFERENCE.

Qualification documentation attached.

Signature of Affiant

Typed/Printed Name of Affiant

Address of Affiant

State of Florida County of _____________

Sworn to (or affirmed) and subscribed before me this ____day of _________20__, by

(Signature of Notary Public-State of Florida)

(Print, Type, or Stamp commissioned name of notary public)___personally known or ____ produced identification. Type of identification produced___________________

AGREEMENT BETWEEN CITY OF KISSIMMEE

and ___________________________

THIS AGREEMENT is made and entered this _____day of _________ , 2025 by and between the CITY O F KISSIMMEE, a Florida municipal corporation whose address is 101 Church Street, Kissimmee, FL 34741 (hereinafter "CITY”) and _____________________., whose address is _____________________________________ hereinafter referred to as ("CONTRACTOR"), and each represents as follows:

WHEREAS, CITY desires to retain services of competent and qualified CONTRACTORs to provide professional services to t h e C I T Y associated with the Modernization of CITY Hall Elevators, hereinafter referred to as “Project”; and

WHEREAS, CITY advertised a Request for Proposals, RFP#2025-XXX for the Modernization of City Hall Elevators wherein firms submitted qualifications which were reviewed, evaluated, and scored by the Selection Committee; and

WHEREAS, based on the competitive selection process the CITY has determined that CONTRACTOR., is qualified to provide the services and desires to award the contract to CONTRACTOR consistent with the terms, conditions and requirements of the RFP#2025-005.

CONTRACTOR is bound by the terms, conditions and requirements of the RFP#2025-XXX, all addenda thereto, and CONTRACTOR’s responsive Proposal, incorporated herein by reference.

NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. RECITALS. The foregoing recitals are true and correct and specifically incorporated herein and made a part of this Agreement.

2. TERM. This Agreement is in effect until a final Certificate of Occupancy is issued but no longer than 12 months from the effective date of this Agreement, unless modified by the parties in writing.

3. SCOPE OF SERVICES. CONTRACTOR shall provide professional services required and as needed. CONTRACTOR is licensed to perform these services by the State of Florida.

CONTRACTOR shall also be bound by all requirements contained in the solicitation package and any addenda thereto. CONTRACTOR shall inspect CITY Hall Elevators numbers 1 and 2, and provide a complete turn-key modernization to ensure the safety and functionality of the elevators.

CONTRACTOR shall be responsible for providing all aspects of service required for the proper execution and performance of the modernization, including but not limited to: technical expertise; supervision; qualified labor; customary tools, equipment, and trade accessories;

SAMPLE

parts, materials, and supplies (except as excluded); programming software; transportation; and any other services necessary for the proper execution, operation, and performance of the elevators. CONTRACTOR’S services are further enumerated and described in Exhibit "A.”

4. REPRESENTATIONS. CONTRACTOR hereby represents to the CITY that:

a. CONTRACTOR has the experience and skill to perform the services required by this Agreement.

b. CONTRACTOR will provide and employ personnel qualified and experienced in their profession to perform the services required. CITY may at any time require CONTRACTOR to remove any person employed in connection with the performance of services who, in CITY’S sole discretion, is not suitable for the performance of the duties required. CONTRACTOR shall immediately remove the individual from performance of work under this Agreement without hesitation or challenges to CITY.

c. CONTRACTOR will comply with applicable federal, state and local laws and codes. CONTRACTOR and any personnel performing services shall secure all licenses and certifications necessary for initiation and completion of the services contained herein and shall be responsible for the payment of al l license and certification fees. CONTRACTOR shall, upon request, provide the CITY with proof of certification compliance.

d. CONTRACTOR will perform services in accordance with generally accepted professional standards in the most expeditious and economical manner, consistent with the best interest of the CITY.

e. CONTRACTOR is adequately financed to meet any financial obligations it may be required to incur under this Agreement.

5. PAYMENT. CITY agrees to pay CONTRACTOR within 30 calendar days of receipt of a proper invoice. Invoices shall provide details of all project expenses permitted in this Agreement. Upon review and approval of the CONTRACTOR’S invoice and verification that services have been rendered in conformity with this Agreement, the CITY, through payment issued by the Public Works and Engineering Department, shall pay CONTRACTOR in accordance with the Local Government Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. CONTRACTOR shall not apply any late charges, interest or penalties to any invoice or charges for services until 30 days from the CITY’S receipt of the invoice. If this Agreement is terminated for convenience for any reason, then the CONTRACTOR shall be paid pro rata for all services performed, materials purchased, and administrative costs incurred, including lost profit, to the effective date of termination.

6. INSURANCE REQUIREMENTS. CONTRACTOR is required to submit to the CITY

Certificates of Insurance naming the CITY as an additional insured. Said Certificate of Insurance shall also provide that at least thirty (30) days written notice shall be given to the CITY. During the term of the Agreement and any renewals, CONTRACTOR at its sole cost and expenses shall maintain insurance coverage as follows:

a. Workers Compensation: The CONTRACTOR will provide Worker’s Compensation coverage for all employees at the site location. The limits will be statutory for Worker’s Compensation and $300,000.00 for Employers’ Liability.

b. Comprehensive General Liability: The CONTRACTOR will provide coverage for all owned and non-owned vehicles for limits of not less than $1,000,000.00.

c. Comprehensive Automobile Liability: The CONTRACTOR will provide coverage for all owned and non-owed vehicles for limits of not less than $1,000,000.00.

d. Umbrella Insurance: The CONTRACTOR will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00.

7. TERMINATION.

a. TERMINATION FOR CONVENIENCE. The CITY reserves the right to terminate the Agreement in whole or part by giving the CONTRACTOR written notice at least thirty

(30) days prior to effective date of termination. Upon receipt of termination from the CITY, the CONTRACTOR shall only provide those services specifically approved or directed by the CITY. All other rights and duties of the parties under the Agreement shall continue during such notice period, and the CITY shall continue to be responsible to the vendor for the payment of any obligation to the extent such responsibility has not been excused by breach or default of the CONTRACTOR.

Upon termination, CONTRACTOR shall bill the CITY for all amounts not previously billed and due to the vendor at that time. The vendor shall not be entitled to a profession fee nor expenses for any work commenced or expenses incurred after the notice of termination was received by the vendor, unless specifically approved or requested by the CITY. The CONTRACTOR shall, however, be entitled to payment for services commenced and approved by the CITY prior to receipt of notice, or with the expressed written consent of the CITY, prior to the effective date of termination.

b. TERMINATION FOR CAUSE. If CITY wishes to terminate the CONTRACTOR for cause due to the failure of CONTRACTOR to perform as required under this Agreement and/or in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, then the CITY must provide the CONTRACTOR with written notice of said failure to perform. The CITY must give ten (10) working days from the CONTRACTOR’S receipt of the Notice to Cure for the CONTRACTOR to cure or take reasonable action to commence to cure the performance concerns specified. If the CONTRACTOR does not take appropriate action within the ten (10) day period, the CITY may issue a Final Notice to Cure. The CONTRACTOR will have an additional five (5) working days from the receipt of the Notice to Cure to cure or take reasonable action to commence to cure before the CITY can terminate the Agreement. If the CONTRACTOR is terminated for cause, the CONTRACTOR may provide or employ any necessary labor and materials in lieu of CONTRACTOR to finish part or all of the work under the Agreement or to supplement the work of CONTRACTOR, and to deduct the cost thereof from any money, then due or thereafter to become due to the CONTRACTOR; and if such cost shall exceed the balance due to CONTRACTOR, then the CONTRACTOR shall pay the difference to the CITY.

8. E-VERIFY. In compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subCONTRACTORs shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021.

a. CONTRACTOR shall require each of its subCONTRACTORs to provide

CONTRACTOR with an affidavit stating that the subCONTRACTOR does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR shall maintain a copy of the subCONTRACTOR’S affidavit as part of and pursuant to the records retention requirements of this Agreement.

b. The CITY, CONTRACTOR, or any subCONTRACTOR who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity.

c. The CITY, upon good faith belief that a subCONTRACTOR knowingly violated the provisions of this section, but CONTRACTOR otherwise complied, shall promptly notify CONTRACTOR and CONTRACTOR shall immediately terminate the contract with the subCONTRACTOR.

d. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat.

CONTRACTOR acknowledges that upon termination of this Agreement by the CITY for a violation of this section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (1) year. CONTRACTOR further acknowledges that CITY is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this section.

9. FORCE MAJEURE. Neither party shall be responsible for its failure to perform due to causes beyond its reasonable control, such as acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), theft, war, riot, embargoes, military or usurped power or confiscation, terrorist activities, or an event for which a declaration of emergency is issued by legally empowered local, state, or federal governing authorities.

10. INDEMNIFICATION. To the extent permitted by law, CONTRACTOR hereby releases and waives all claims against the CITY, its officers, employees, agents, independent CONTRACTORs for any injury or damaged to the person, property, or business of CONTRACTOR agents, employees, sub-CONTRACTORs, or other persons, for which injury or damaged results from any act, neglect, occurrence, or condition in or about any CITY properties whether such damage is caused by the CITY or any other person.

Nothing in the agreement shall be construed as a waiver of the CITY’S statutory sovereign immunity pursuant to Section 768.28, Florida Statutes.

CONTRACTOR agrees to indemnify and hold harmless the CITY, its agents, officers, employees against any and all claims, demands, liabilities, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees) of every kind and nature, for the enforcement, defense, or appeals thereof arise from CONTRACTOR’S performance of the Agreement or any breach or default thereof by CONTRACTOR.

11. NON-DISCRIMINATION. CONTRACTOR agrees not to discriminate against any citizen, employee or employment applicant on the basis of race, color, religion, national original, ancestry, sex, marital status or age in the performance of the obligations of this Agreement. Violation of this provision shall be treated as a breach of this Agreement.

12. NONASSIGNMENT; SUBCONTRACTOR. CONTRACTOR may neither assign nor factor any rights in nor delegate any obligations under this Agreement or any portion thereof without the consent of CITY. CITY may cancel this Agreement for cause should CONTRACTOR attempt to make an unauthorized assignment of any right or obligation arising hereunder.

13. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained is intended or should be construed as in any manner as creating or establishing a relationship of co-partners between the Parties or as constituting CONTRACTOR as an agent, representative or employee of CITY for any purposes or in any manner whatsoever. CONTRACTOR is and shall remain an independent CONTRACTOR with respect to all services performed under this Agreement.

14. HUMAN TRAFFICKING. CONTRACTOR shall provide CITY with the affidavit provided in Exhibit “B” signed by an officer or representative of CONTRACTOR attesting, under penalty of perjury, that CONTRACTOR does not use coercion for labor or services as defined by section 787.06, Florida Statutes.

15. ANTITRUST VIOLATOR VENDOR LIST. Pursuant to Section 287.137, Florida

Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

16. PUBLIC RECORDS. CONTRACTOR specifically acknowledges the CITY’S obligations under Article I, Section 24, of the Florida Constitution and under Chapter 119, Florida Statutes, to release public records to members of the public upon request and…