Solicitation RFP 26-008 Citywide HVAC Maintenance Term Contract.pdf

CITY OF OCOEE

REQUEST FOR PROPOSALS

RFP #26-008

CITYWIDE HVAC MAINTENANCE

TERM CONTRACT

RFP #26-008 Citywide HVAC Maintenance Term Contract 2

TABLE OF CONTENTS

RFP #26-008

CITYWIDE HVAC MAINTENANCE TERM CONTRACT

RFP DOCUMENTS

Section Page

Legal Advertisement 3

Proposal Instructions 4 - 10

General Terms & Conditions 11 - 28

*Equipment Listing 21 *List of Subcontractors 21 *References/Experience 22 *Summary of Litigation 24 *Acknowledgement of Addenda 24 *Exceptions 25

SCOPE OF WORK, PROPOSAL FORM, AND PROPOSED CONTRACT

Section Page

Exhibit A – Scope of Work 29- 31

Exhibit B – Proposal Form 32

Exhibit C – List of HVAC Systems, Ice Machines, and Water Coolers 33-39

*Company Information and Signature Sheet* 40 *Drug-Free Workplace Form* 41 *Conflict of Interest Disclosure Form* 42 *Non-Collusion Affidavit 43 *Certification of Non-segregated Facilities 44 *Certification regarding Scrutinized Companies’ List 45 *Human Trafficking Affidavit 46 *Company Not an Entity of Foreign Country of Concern 47

Exhibit E – Proposed Contract 48- 55

*Exhibit F- Bid Bond Form (*Bid Security) 56 - 62

*Submit with Proposal

RFP #26-008 Citywide HVAC Maintenance Term Contract 3

End Table of Contents

Request for Proposals, Legal Advertisement The City of Ocoee, Florida (the “City”) is soliciting sealed proposals for RFP #26-008 Citywide HVAC Maintenance Term Contract. Proposals will only be accepted electronically through Bonfire, a free e-Procurement platform, until 2:00 pm, local time, on June 30, 2026.

Proposals received after that time or through any other method will not be accepted under any circumstances. Proposals that have been timely received will be publicly opened virtually online and the names of the responding firms read aloud at that time; instructions provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RFP should be in writing to Shannon Hopper, CPPB, Purchasing Technician, II Finance Department/Purchasing shopper@ocoee.org OR sent through the project file on Bonfire. No Pre-proposal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a proposal at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Bonfire platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, May 31, 2026.

https://www.ocoee.org/959/Public-Bid-Meetings mailto:shopper@ocoee.org https://ocoee.bonfirehub.com/ https://www.ocoee.org/323/Purchasing

RFP #26-008 Citywide HVAC Maintenance Term Contract 4

CITY OF OCOEE

REQUEST FOR PROPOSALS (RFP) #26-008

CITYWIDE HVAC MAINTENANCE TERM CONTRACT

A. Sealed proposals for RFP #26-008 will be received by the City of Ocoee, hereinafter called “City,” from any person, firm, corporation, or agency, hereinafter called “Respondent, Firm, Bidder, or Proposer,” submitting a proposal for the services being solicited. Each Respondent shall furnish the information required on the proposal form supplied and each accompanying sheet thereof on which an entry is made. Proposals submitted on any other format may be disqualified. Proposals must be typewritten or handwritten using ink; do not use pencil. Proposal documents must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All proposals should also include the name and business address of any person, firm, or corporation interested in the proposal, either as a principal, member of the firm, or general partner. If the Respondent is a corporation, the proposal should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation.

B. The City intends to award a single contract to one (1) respondent deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFP. Proposals will be reviewed by an evaluation committee appointed by the City Manager or designee for this RFP and will be ranked in accordance with the established evaluation criteria.

Date, time, and location of any scheduled evaluation committee meeting(s) for this RFP will be noticed publicly and on Bonfire. The evaluation committee will supply a ranked list of the proposing firms and a recommendation regarding which firm should be awarded the term contract by the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the city as a part of a proposal constitute public records under Florida law.

C. The City is ONLY accepting electronic solicitation responses online through the City’s Euna Procurement/Bonfire platform at https://ocoee.bonfirehub.com. This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu. All Proposals for this RFP MUST be submitted electronically through the Bonfire Platform. Proposals received in any other format will not be accepted; no paper, fax, or e-mailed submissions will be accepted. There is no charge for prospective respondents to use the Bonfire e-procurement platform. The Bonfire platform’s minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled.

D. Registration with Bonfire is free and is required prior to submitting a proposal. It is suggested that prospective respondents register no later than 24 hours in advance of the submission deadline to ensure proper registration. For assistance with registering, contact the Bonfire Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT.

https://ocoee.bonfirehub.com/ https://www.ocoee.org/323/Purchasing

RFP #26-008 Citywide HVAC Maintenance Term Contract 5

Upon completing the registration with Bonfire, bidders will be able to submit a bid securely, any time before the bid submission deadline, at https://ocoee.bonfirehub.com by clicking “PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once the bid has been submitted, the Bidder will receive a date/time stamp confirmation within the Bonfire platform and an email confirmation of the bid submission. Bids submitted on the Bonfire platform will remain locked and inaccessible by City staff until the bid deadline. Bidders are encouraged to allow ample time to upload and submit their Bid as the system will automatically lock upon the bid submission deadline.

E. File Uploads – Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

F. Deadline for Receipt of Questions: The City will receive questions regarding this RFP only through written inquires directed to Shannon Hopper, CPPB, Purchasing Technician II at shopper@ocoee.org OR through the questions and answer section of the project file on Bonfire until 2:00 p.m., local time, June 23, 2026. Any clarifications/changes will be made by way of written addenda only, issued by Purchasing and posted on Bonfire. Respondents should not contact City staff (with the exception of the Purchasing Technician), City Commission, or other City consultants for information regarding this RFP before the proposal award date. Any contact with any other member of City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification.

G. Pre-Proposal Conference: None scheduled at this time.

H. Proposal Submission Deadline: Proposals will ONLY be accepted electronically through the Euna Procurement/Bonfire Platform until 2:00 p.m., local time, June 30, 2026. Respondents shall submit one (1) complete electronic copy, preferably in a single file, of their Proposal package on Bonfire. Proposals must be received by Bonfire no later than the Proposal Submission Deadline. It shall be the sole responsibility of each Respondent to have their Proposal uploaded and submitted in Bonfire prior to the due date and time. Any attempt to submit a Proposal after the submission deadline will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received by Bonfire will be resolved against the Respondent. A virtual public bid opening will be held at approximately 2:01 pm. or as soon thereafter, and the name of the responding firms will be read aloud at that time.

RFP #26-008 Citywide HVAC Maintenance Term Contract 6

I. The meeting link and details on how to access the virtual bid opening are available on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings and will also be posted in the project file on Bonfire.

J. Proposals will be reviewed by an evaluation committee appointed by the City Manager or designee and will be ranked in accordance with the established evaluation criteria.

Date, time, and location of any scheduled evaluation committee meeting(s) for this RFP will be publicly noticed and posted on Bonfire. The evaluation committee will supply a ranked list of the proposing firms and a recommendation regarding which firm should be awarded the term contract by the City Commission. Award of the contract, if an award is made, will be made by the Ocoee City Commission at a later date. The City Commission’s decision to endorse or modify the ranking by staff shall be final. Please be aware that all City Commission meetings are duly noticed public meetings and that all documents submitted to the City as a part of a proposal constitute public records under Florida law.

K. All Respondents shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal.

L. Submission of a Proposal shall constitute an acknowledgment that the

Respondent has complied with the instructions of this RFP. The failure or neglect of a Respondent to receive or examine a document shall in no way relieve Respondent from any obligations under its Proposal or the Contract. No claim for additional compensation will be allowed based upon a lack of knowledge or understanding of any of the Contract Documents or the Scope of Services. Proposals shall be in compliance with the contract documents and scope of services. All costs to prepare and submit a proposal shall be the responsibility of Respondent; the City shall make no reimbursement of any kind.

M. Any response by the City to a request by a prospective respondent for clarification or correction will be made in the Bonfire project file or in the form of a written addendum which will be distributed via Bonfire. It shall be the responsibility of each Respondent to obtain a copy of all the addenda issued. The City reserves the right to issue addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In case any Respondent fails to acknowledge receipt of any such addendum, its proposal will nevertheless be construed as though the addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP Documents and all addenda. Only interpretations or corrections provided by written addenda shall be binding on the City.

Respondents are cautioned that any other source by which a Respondent receives information concerning, explaining, or interpreting the RFP Documents shall not bind the City.

https://www.ocoee.org/959/Public-Bid-Meetings

RFP #26-008 Citywide HVAC Maintenance Term Contract 7

N. Any of the following causes may be considered sufficient for the disqualification and rejection of a proposal:

• Submission of more than one (1) Proposal for the same work by an individual, firm, partnership, or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships, or corporations under common control may be considered to be the same entity.

• Evidence of collusion between or among Respondents.

• Being in arrears on any existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City.

• Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City’s judgment and sole discretion, raises doubts as to Respondent’s ability to properly perform the services; or

• Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify disqualification of Respondent or the rejection of its Proposal.

O. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME):

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under an award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. See Florida Statute

287.133 (2) (a).

P. FLORIDA PUBLIC RECORDS LAW:

In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal that they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request for proposals become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of City.

Q. PUBLIC RECORDS COMPLIANCE:

The City of Ocoee (“City”) is a public agency subject to Chapter 119, Florida Statutes.

Contractor agrees to comply with Florida’s Public Records Law. Specifically, Contractor shall:

1. Keep and maintain public records required by City to perform the service.

2. Upon request from City’s custodian of public records, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable

RFP #26-008 Citywide HVAC Maintenance Term Contract 8 time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to City.

4. Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.

If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of City.

5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY

TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3105,

CCDL@OCOEE.ORG, WITH AN OFFICE LOCATED AT 1 NORTH

BLUFORD AVE., OCOEE, FLORIDA 34761.

R. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

S. HUMAN TRAFFICKING

Pursuant to Florida Statute, §787.06(13), when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in §787.06(2)(a) Florida Statutes. Submit attached affidavit with Proposal.

T. FOREIGN COUNTRIES OF CONCERN

Pursuant to Florida Statute 287.138(4)(a), a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity

RFP #26-008 Citywide HVAC Maintenance Term Contract 9 provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Florida Statute 287.138(2)(a)-(c). Submit attached affidavit with Proposal.

U. E-VERIFY

By entering into this Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. If the Contract is terminated pursuant to Section 448.095, Fla.

Stat., such termination is not a breach of contract and may not be considered as such.

Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law.

E-VERIFY REGISTRATION AND USE.

A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021.

B. Subcontractors

(i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement.

(ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes.

(iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement.

C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system.

D. Failure to comply with this provision is a material breach of the Agreement and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable.

Submit attached affidavit with Proposal

RFP #26-008 Citywide HVAC Maintenance Term Contract 10

V. ACCEPTANCE AND AWARD:

The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless Respondent qualifies its proposal by specific limitations.

The City may award one or more Respondents if, in the City’s discretion, the City determines that it is in the best interest of the City to do so.

The City reserves the right to award the contract to the Respondent which, in the City’s sole discretion, is the most responsive and responsible. The City reserves the right, as an aid in the determination, to require a Respondent to submit such additional evidence of Respondent’s qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals for acceptance and award.

End of Section

RFP #26-008 Citywide HVAC Maintenance Term Contract 11

GENERAL TERMS & CONDITIONS

RFP #26-008 CITYWIDE HVAC MAINTENANCE TERM CONTRACT

1. BID SECURITY:

1a) In lieu of providing a Bid Security, Respondent may provide documentation that the business has been active with the Secretary of the State of Florida for a minimum of three (3) years. Respondent warrants in good faith by virtue of bidding, the prices in its proposal will be good for an evaluation period of ninety (90) days from the date of bid opening.

OR

1b) Proposal must be accompanied by Bid Security in the form a Cashier’s/Certified Check or company check upon an incorporated bank or trust company or a Bid Bond in an amount equal to ONE THOUSAND DOLLARS ($1,000.00). A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier’s check or Bid Bond is submitted as a guarantee that the Respondent, if awarded the Contract, will, after written notice of such award, enter into a written Contract with the City and as a guarantee that the Respondent will not withdraw its proposal for a period of ninety

(90) days after the scheduled closing time for the receipt of proposals, in accordance with the accepted proposal and RFP documents. Please be aware that checks will be deposited.

c) A copy of the Bid Security is to be included with the Proposal submitted electronically on Bonfire. The original bid security is to be sent within five (5) business days after the bid opening to: City of Ocoee, Finance Department/Purchasing, Attention: Shannon Hopper, CPPB, Purchasing Technician, 1 N. Bluford Ave., Ocoee, FL 34761. Failure to provide the original may cause your bid to be deemed non-responsive.

d) In the event of withdrawal of said Proposal within ninety (90) days following the opening of proposals, or Respondent’s failure to enter into said contract with the City or failure to provide the City with other requirements of the Contract Documents or the RFP after issuance of Notice of Intent to Award by the City, then such Respondent shall be liable to the City in the full amount of the check or Bid Bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the Bid Bond as liquidated damages and not a penalty.

e) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond.

f) The cost of the required Bid Security and required insurance coverage is to be included in Respondent’s overhead and is not eligible for reimbursement as a separate cost by the City. The refund checks of the three (3) most favorable Respondents will be returned within three (3) days after the City and the successful Respondent have executed the contract for work or until the 91st day after proposal opening, whichever is earlier. The remaining checks will be

RFP #26-008 Citywide HVAC Maintenance Term Contract 12 returned within thirty (30) days after the opening of proposals. Bid Bonds will be returned upon request following the same criteria as a check

2. PERFORMANCE/PAYMENT BOND: NOT REQUIRED

3. PATENT INDEMNITY:

Except as otherwise provided, the successful Respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any letters patent of the United States arising out of the performance of this contract. Further, Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the proposal price shall include all royalties or cost arising from the use of such design, device, or materials.

4. DEFAULT:

As a result of proposals received under this RFP, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should Contractor not meet the delivery deadline(s) set forth in the specifications or should Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare Contractor in default and terminate the whole or any part of the contract. Upon declaring Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and Contractor shall be liable to the City for any excess costs resulting therefrom. In the event Contractor has been declared in default of a portion of the contract, Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City’s rights and remedies hereunder.

5. PRICING:

Pricing should be provided as indicated on the Proposal Form attached as Exhibit C.

Please note that alternate price proposals will not be accepted unless specifically called for on the Scope of Services and/or Proposal Form. Costs incurred by a Respondent in the preparation of a Proposal in response to this RFP are solely that of the Respondent, and the City assumes no responsibility for such costs incurred by Respondent.

The Proposal Form should not be completed in pencil. All entries on the Proposal Form should be legible. The City reserves the right, but does not assume the obligation, to ask a Respondent to clarify an illegible entry on the Proposal Form. If the Proposal Form requires that the proposed price, or constituent portions of the proposed price, be

RFP #26-008 Citywide HVAC Maintenance Term Contract 13 stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Proposal Form should be provided by the Respondent and be correctly computed. If there is an arithmetical conflict between the unit price stated by Respondent on the Proposal Form and the total price stated by Respondent on the Proposal Form, the unit price shall take precedence. The City may unilaterally correct such arithmetical conflict on the Proposal Form to calculate the total price, utilizing the unit prices that have been identified by the Respondent. The taking of such action by the City shall not constitute grounds for Respondent to withdraw its Proposal nor shall it provide a defense constituting discharge of the Bid Security. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error, or other irregularity that may appear on the Proposal Form. However, the City reserves the right to reject as non-responsive Proposal Forms that are incomplete or contain information that is not required.

a) The prices have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Respondent or with any competitor.

b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other Respondent or to any competitor.

c) No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations).

d) Respondent warrants the prices set forth herein do not exceed the prices charged by Respondent under a contract with the State of Florida Purchasing Division;

and

e) Respondent agrees that supplies/services furnished under this Proposal, if awarded, shall be covered by the most favorable commercial warranties Respondent gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the proposal award.

f) Respondent represents that the article(s) to be furnished under this RFP is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness.

6. DISCOUNTS:

a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of proposals. However, offered discounts will be taken for less than 30 days if payment is made within discount period.

b) In connection with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check.

RFP #26-008 Citywide HVAC Maintenance Term Contract 14

7. SAMPLES:

Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of proposal opening, same will be disposed of in the best interest of the City.

8. AWARD CRITERIA:

The contract will be recommended to be awarded to the one Respondent according to the Evaluation Criteria contained in this RFP.

9. LITERATURE:

If required by the scope of work or the specifications, descriptive literature/brochures shall be included with this proposal in order to properly evaluate make/model offered.

Proposals submitted without same may be considered non-responsive and disqualified.

10. BID PROTESTS:

All bid protests shall be submitted to the purchasing agent (Shannon Hopper, CPPB at shopper@ocoee.org with a copy to the Procurement Manager, Joyce Tolbert, NIGP- CPP, CPPB, FCCM, at jtolbert@ocoee.org) in the following manner:

a) A bidder shall file a written bid protest under this Article or be barred any relief;

oral protests shall not be acknowledged.

b) A bid protest shall be limited to the following grounds:

(1) Issues arising from the procurement provisions of the RFP, its addenda, and other bidding documents; and/or

(2) Applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications), if any. The Respondent shall clarify all questions concerning the design documents of the project prior to submitting its bid.

c) The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested.

d) The bid protest shall be filed with the purchasing agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier.

e) The purchasing agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction.

11. PAYMENT TERMS:

a) No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods, or services have been received and accepted by the City in the quality and quantity ordered. Terms are Net 30 days after receipt of proper invoice.

b) Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available for the work.

c) The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No.

85-8013779974C-0; and, pursuant to Chapter 212, Florida Statutes, is exempt from federal excise, state, and local sales taxes.

mailto:jtolbert@ocoee.org

RFP #26-008 Citywide HVAC Maintenance Term Contract 15

12. SAFETY REQUIREMENTS:

Respondent guarantees that the services to be performed and the goods to be provided herein comply with all applicable federal, state, and local laws, ordinances, regulations, orders, and decrees, including, without limitation, such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations.

a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910-General Industry Standards that are applicable in construction work.

b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site.

c) Contractor must assure that a certified first aid person is designated, phone numbers of physicians, hospital, and ambulance services are posted (copy to Human Resources/Risk Management Director, City of Ocoee), and that a first aid kit is available.

d) All individuals are required to wear hard hats on all construction sites.

e) Provide personal protective equipment that may be required for jobs in progress

(e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.).

f) Observe the speed limit on City property.

g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required.

h) Scaffolds shall have guard rails on all open sides and be secured to prevent displacement.

i) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up.

j) All heavy equipment must have, where applicable: (a) back-up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5.

k) Personal fall protection must be provided at elevations exceeding ten (10) feet.

13. DRUG-FREE WORKPLACE:

Provide a statement concerning Respondent’s status as a Drug-Free Workplace or evidence of an implemented drug-free workplace program. To be submitted with Proposal. A form is

14. CONTRACT:

a) The successful Respondent, herein also referred to as Contractor, will be required to enter into a contract with the City along with the terms and conditions included in the proposed contract for the initial period of three (3) years, with two (2) automatic one-year renewals and a one (1) year optional renewal at the City’s discretion. The contract labor rates may be escalated up to 3% upon renewal of the contract each year. All other provisions of the contract shall remain constant for the life of the contract.

b) The City may, in its sole discretion, award any additional services, whether in the existing areas of the scope of work or in any area additional to those in the existing

RFP #26-008 Citywide HVAC Maintenance Term Contract 16 scope of work, to any third party or the City’s own employees. Contractor will be expected to cooperate with any or all other contractors who may be performing services for the City.

15. CERTIFICATION OF NON-SEGREGATED FACILITIES

a) Respondent certifies that it does not and will not maintain or provide any segregated facilities for the Respondent’s employees at any of the Respondent’s establishments, and that Respondent does not permit Respondent’s employees to perform their services at any location under the Respondent’s control where segregated facilities are maintained. Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of its Proposal. As used in this certification, the term “segregated facilities” means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for employees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise.

Respondent agrees that (except where Respondent has obtained identical certification from proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent’s files.

b) The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein.

16. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION:

Respondent declares by submission of a qualification package that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the contract for the described services.

Respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.)

Respondent certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Respondent agrees to immediately notify the City in writing. Submit the attached Conflict of Interest Disclosure Statement.

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Respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this RFP has occurred, and that the proposal is made according to the provisions of the RFP documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFP documents.

Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to Respondent. The proposal constitutes a firm and binding offer by Respondent to perform the services as stated.

17. PUBLIC ENTITY CRIME STATEMENT:

a) All invitations to bid, as defined by Section 287.012(16), Florida Statutes, requests for proposals, as defined by Section 287.012(23), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows:

“A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit bid, proposal, or reply on a contract with a public entity for the construction or repair of public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity;

may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.”

b) All Respondents that submit a Bid or Proposal to the City of Ocoee are guaranteeing they have read the previous statement and by signing the submitted documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes.

18. PERMITS/LICENSES/FEES:

a) Any permits, licenses or fees required will be the responsibility of Contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required.

b) The City requires a City of Ocoee contractor registration if permitting is required.

Please contact the City’s Building Department at (407) 905-3104, directly for information concerning this requirement.

c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of Contractor.

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19. STANDARD INSURANCE REQUIREMENTS:

The successful Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for Workers’ Compensation may be issued by companies authorized as a group self-insurer by Ch. 440, Florida Statutes.

a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance.

b) Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor’s employees not otherwise protected.

▪ Include Waiver of Subrogation in favor of the City of Ocoee

c) Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows:

1) Automobile Bodily Injury Liability & Property Damage Liability

▪ $1,000,000 Combined single limit per occurrence (each person, each accident)

▪ All covered automobile will be covered via symbol 1

▪ Liability coverage will include hired & non-owned automobile liability

▪ Include Waiver of Subrogation in favor of The City of Ocoee

2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory.

▪ $2,000,000 GENERAL AGGREGATE

▪ $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE

▪ $1,000,000 PER OCCURRENCE

▪ $1,000,000 PERSONAL & ADVERTISING INJURY

▪ Include Waiver of Subrogation in favor of the City of Ocoee

3) Subcontractor’s Comprehensive General Liability, Automobile Liability and Worker’s Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor’s policy, as specified above.

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4) Owner’s Protective Liability Insurance: As applicable for construction projects, providing coverage for the…