Contract 2022-124ADocuSign Envelope ID: A320A4EC-C12D-4CEA-926B-91CB4C5A6181
CONTRACT APPROVAL FORM
TO: BRIAN BULTHUIS, CITY MANAGER DS
THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTORS
FROM: RAMSEY JIMENEZ, SENIOR PROCUREMENT AGENT
SUBJECT: HEAVY EQUIPMENT PARTS AND LABOR
DATE: SEPTEMBER 12, 2022
THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE
FOLLOWING:
1. APPROVE: Agreement between the City of Clermont and Cummins Inc dba Cummins
Sales and Services, to provide heavy equipment parts and labor, for the Public Services
Department. The agreement shall take effect on the date of execution by both parties and
shall remain in effect until July 31, 2024, unless renewed or terminated as provided by the
Orange County contractual agreement. Upon mutual agreement, the agreement may be
renewed for two (2) additional one (1) year terms.
2. Why is this action necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve contracts under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the
Procurement Services Department sought a contract with Orange County for heavy
equipment parts and labor, contract number Y21-16813. The estimated annual
expenditures is less than $40,000 and it is included in the Public Services Department
budget. The Orange County contract was fully competed, advertised, and complies with
the City of Clermont Purchasing Policy.
4. FISCAL IMPACT: The fiscal impact of $40,000.00 is included in the current year
approved budget.
5. EXHIBITS: Orange County Agreement
APPROVAL AUTHORITY
Approved ER Disapproved ❑
Reason/Suggestion (If disapproved)
LDocuSigned by:
l�&VU b S City Manager 9/19/2022
Signature Title Date
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
AGREEMENT NO. 2022-124 FOR
HEAVY EQUIPMENT PARTS AND LABOR
THIS AGREEMENT, is made and entered into this 19 day of September
2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and Cummins Inc dba Cummins Sales and
Services, whose address is: 4820 North Orange Blossom Trail, Orlando, FL 32810,
(hereinafter referred to as "CONTRACTOR").
WHEREAS, Orange County through the public procurement process awarded an
Agreement for heavy equipment parts and labor, Orange County Contract Number Y21-
168B;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Orange County Contract Number Y21-168B;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1— SCOPE OF WORK
The CONTRACTOR shall furnish heavy equipment parts and labor as described in the
Orange County Contract Number Y21-16813, which is attached hereto and incorporated
herein as Exhibit "A" and shall perform everything required by this Agreement and the
other exhibits attached hereto. Provided, however, that nothing herein shall require CITY
to purchase or acquire any items or services from CONTRACTOR that is not specified in
the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit
"A", the terms and conditions of this Agreement shall prevail and govern. In all instances
the CITY purchasing policy, resolutions and ordinances shall apply.
ARTICLE 2 — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit "B",
attached hereto and incorporated herein.
ARTICLE 3 — TERM AND TERMINATION
3.1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect until July 31, 2024 unless terminated or renewed by Orange
County.
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3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written
notice to CONTRACTOR, terminate this Agreement: a) without cause and for
CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with
any of the conditions of provisions of this Agreement; or e) CONTRACTOR is
experiencing a labor dispute, which threatens to have a substantial, adverse impact
upon the performance of this Agreement, without prejudice to any other right or
remedy CITY may have under this Agreement. In the event of such termination,
CITY shall be liable only for the payment of all unpaid charges, determined in
accordance with the provisions of this Agreement, for work, properly performed
and accepted prior to the effective date of termination.
3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2)
additional one (1) year terms.
ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK
4.1. The CONTRACTOR shall only provide to CITY heavy equipment parts and labor
upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in Orange County Contract Number Y21-
168B or in the specific purchase order or authorized order submitted by CITY.
Nothing herein shall obligate CITY to purchase any specific amount of product
from CONTRACTOR or create an exclusive purchase agreement between CITY
and CONTRACTOR. CITY shall not be obligated or required to pay for any items
received until such time as CITY has accepted the items in accordance with the
order provided to CONTRACTOR.
4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether
there will be any delay in providing the items requested. Failure of
CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking
payment of any kind for any items that were delayed in delivery. Upon receipt of
notification of the delay, CITY may at its sole option cancel the order and seek the
items from any available source.
4.3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any
agent or representative as in compliance with the terms of this Contract shall not
operate as a waiver by the CITY of strict compliance with the terms of this Contract
and the CITY may require the CONTRACTOR replace the accepted gasoline,
diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and
specifications hereof.
4.4. COMPANY specifically acknowledges that this Contract does not bind or obligate
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CITY to purchase any minimum quantity of product during the term hereof.
ARTICLE 5 — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery of products to CITY as set forth in the applicable purchase order. CITY shall make
payment to the CONTRACTOR for all accepted deliveries and undisputed product
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION
6.1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
6.3 The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its employees connected with the work of this Project and, in case any work is
sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to
provide Worker's Compensation Insurance for all of the subCONTRACTOR
employees unless such employees are covered by the protection afforded by the
CONTRACTOR. Such insurance shall comply with the Florida Worker's
Compensation Law. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR's Commercial General Liability Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business Automobile Liability Insurance as
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shall protect it from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operating under
this Agreement whether such operations are by itself or by anyone directly or
indirectly employed by it, and the amount of such insurance shall be as follows:
(a) CONTRACTOR's Commercial General Liability, $1,000,000 Each,
($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, &
Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury &
Property Damage Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
7.3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its performance of the Work,
provided that any such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) , and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or
not such acts are caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any
party or person described in this Article; however, this indemnification does
not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(b) In any and all claims against the CITY or any of its agents or employees by
any employee of the CONTRACTOR, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR
or any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification
provided herein.
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ARTICLE 8 — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Cummins Inc dba Cummins Sales and Services
4820 North Orange Blossom Trail
Orlando, FL 32810
Attn: Corey Carlson, Account Support
OWNER: City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE 9 — MISCELLANEOUS
9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
9.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
9.3. Severability — If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
9.4. Amendment — Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
9.5. Entire Agreement — This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
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prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
9.6. Assi ng ment — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
9.7. Venue — The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
9.8. Applicable Law — This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9.9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
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ARTICLE 10 —WARRANTY
All parts and components furnished hereunder shall be warranted in accordance with the
applicable manufacturer's express warranty for any goods for a period of one (1) year and
CONTRACTOR's standard warranty for workmanship for a period of ninety (90) days,
and any rights thereto shall pass on to the CITY. THE WRITTEN WARRANTIES
SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER EPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED; AND ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE IS EXPRESSLY
EXCLUDED. THE REMEDY PROVIDED THEREIN SHALL BE THE SOLE AND
EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
ARTICLE 11 — LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, AND TO
THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL EITHER PARTY BE
LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL,
LIQUIDATED, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, DOWNTIME, LOSS OF DATA, DAMAGE TO
GOODWILL, LOST PROFITS, REVENUES, OR SAVINGS) EVEN IF IT HAS BEEN
ADVISED OF THEIR POSSIBLE EXISTENCE, EXCEPT THAT THE FOREGOING
SHALL NOT RESTRICT A PARTY'S ABILITY TO RECOVER DIRECT DAMAGES
FOR BREACH OF THIS AGREEMENT OR ANY RESULTING CONTRACT.
NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, AND TO
THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL EITHER PARTY'S
TOTAL AND CUMULATIVE LIABILITY HEREUNDER EXCEED THE
AGGREGATE VALUE OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT
EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
ARTICLE 12 — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
10.1. This Agreement
10.2. Purchase Order / Notice To Proceed
10.3. An applicable Contractor Quote or Statement of Work
10.4. All documents contained in the Orange County Contract Number Y21-16813.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 19th day of September , 2022.
CITY OF CLERMONT
—Q.D,,o�ycuSignedd yby�:: � � �
bViat'G Vv`ULw S — DS
Brian Bulthuis,
ATTEST:
DocuSigned by:
E�y
...
Tracy Ackroyd
Manager
DocuSign Envelope ID: A320A4EC-C12D-4CEA-926B-91CB4C5A6181
CUMMINS INC DBA CUMMINS SALES AND SERVICE
DocuSigned by:
By: (,a" (AAsaw
(Signature)
Print Name: Corey Carlson
Title: Account Support Specialist - Bids & Contracts On Highway
Date: 9/16/2022
DocuSign Envelope ID: A320A4EC-C12D-4CEA-926B-91CB4C5A6181
FAWAL",
ORANGE COUNTY, FLORIDA Procurement Division
vw �
CONTRACT NO. Y21-168B
HEAVY EQUIPMENT PARTS AND LABOR
This contract is not valid unless bilaterally executed. Subject to mutual agreement Orange County, Florida,
hereby enters into a contract subject to the following:
1. Ordering against Contract:
A. Unless otherwise specified in the Invitation for Bids, the County will place orders by issuance
of a numbered Delivery Order against this contract. Each Delivery Order will specify the
quantity, description and location for deliver.
B. The obligations of Orange County under this contract are subject to need and availability of
funds lawfully appropriated for its purpose by the Board of County Commissioners or other
funding source as specified in the terms and conditions.
2. Taxes:
The County has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal
Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 85-8012622266C-0.
3. Invoicing:
A. Invoices must be submitted, in duplicate, referencing this contract number and the Delivery
Order to:
Orange County Fleet Management Division
4400 S. Vineland Road
Orlando, FL 32811
Phone 407-836-8210
Orange County Solid Waste Division
5901 Young Pine Road
Orlando, FL 32829
Phone 407-836-6696
B. Invoices against this contract are authorized only at the prices stated in your bid response, unless
otherwise provided in the Invitation for Bids.
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4. Counterpart (1):
Bidder's Irrevocable Offer and Acceptance
A. The Bidder hereby submits an irrevocable offer in response to Invitation for Bids No. Y21-168-
MV, HEAVY EQUIPMENT PARTS AND LABOR - Term Contract, subject to all general
terms and conditions and special terms and conditions therein without exception.
B. All requirements contained in any addenda to the solicitation for this procurement are part of
and hereby incorporated into this contract.
C. Debarment, Suspension, Ineligibility and Voluntary Exclusion
By executing Counterpart (1) the Bidder affirms that it is in compliance with the requirements
of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
Cummins Inc (dba Cummins Sales and Service)
(COMPANY NAME)
BY: vayn� Meulilge�- (Authorized Signatory
Darrin Mellinger (Name
Bids & Contracts Manager (Title)
DATE: 4/15/2021
Cummins Inc (dba
NOTICES: Cummins Sales and Service) (Address)
4820 N Orange Blossom Trail, (Address)
Orlando, FL 32810 (City, State zip)
901) 626-9641 (Phone)
cssnabids(@_cummins.com (Email)
5. Counterparts. This Agreement may be executed in two identical counterparts, all of which shall be
considered one and the same agreement and shall become effective when both counterparts have been
signed by each party and delivered to the other party.
Counterpart (1) shall be executed by the bidder and included in the sealed bid response.
Counterpart (2) may be executed by the County Procurement Division to formalize Acceptance of Bidders
Offer and Contract Award.
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6. Counterpart (2):
Orange County's Acceptance of Bidder's Offer and Contract Award
A. The County's acceptance of the Bidder's offer in response to our Invitation for
Bids No. Y21-168-MV, HEAVY EQUIPMENT PARTS AND LABOR -
Term Contract.
B. This contract is effective AUGUST 1, 2021, and shall remain in effect
through JULY 31, 2024.
C. The estimated contract award for the initial term of the contract is $2,773,140.
D. This is a term contract for the time period specified in the referenced Invitation
for Bids, for the products/services covered by this contract. The County is not
obligated to purchase any minimum amount of products or services, unless
otherwise stipulated in the Invitation for Bids. The bidder is granted authorization
to proceed to perform services upon receipt of duly executed Delivery Order.
E. This contract may be renewed as provided in the Invitation for Bids.
F. Any amendments modifying the terms, conditions or scope of this contract must
be in writing and signed by both parties. Such amendment(s) must be signed by
the representative of the Orange County Procurement Division to be valid,
binding, and enforceable.
G. This contract may be cancelled or terminated as provided for in the Invitation for
Bids.
ORANGE COUNTY, FLORIDA
BY:
Zulay—M++Mf,i'PPO, CPPB, FCCM
Procurement Division
DATE: QU4 /`/, 242/
NOTICES: PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 EAST SOUTH STREET, 2No FLOOR
ORLANDO, FLORIDA 32801
(407) 836- 5635
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AS part or tnls Dla, Orange County is being offered our Repair pricing structure. All of our pricing
structures are a range of discounts depending on the specific part number. Repair pricing is 4 - 6.5%
LOT 2 off of list price, so we are using 4% in the calculation below as we know this is the minimum discount
for all parts in the Repair pricing structure.
ESTIMATED PERCENTAGE DISCOUNTED TOTAL
ITEM ANNUAL DISCOUNT FOR DOLLAR ESTIMATED
NO. MANUFACTURER USAGE UNIT X PARTS = AMOUNT = ANNUAL BID
1. CUMMINS $500,000 Dollars X 4* % _ $ 480,000 = $ 480,000
CUMMINS
ENGINE
SERVICES
Standard Hours Shop
2.
Labor
150
Standard Hours Field
3.
Labor
150
4.
Trip Charge
15
CUMMINS POWER GENERATION SERVICES
5.
Standard Hours Shop
Labor
250
6.
Non -Standard Hours
Shop Labor
100
7.
Non -Standard Hours
Field Labor
400
8.
Non -Standard Hours
Field Labor
150
9.
Trip Charge
100
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UNIT PRICE
hours X $ 138 /hour
hours X $ 172.20 /hour
each X $ 50 /each
hours X $
hours X $
hours X $
UNIT PRICE
138 /hour
207 /hour =
258 /hour =
hours X $ 258 /hour =
each X $ 50 /each =
TOTAL ESTIMATED BID (LINES 1-9) — LOT 2 =
X
TOTAL ESTIMATED THREE-YEAR BID — LOT 2 =
Cummins Inc (dba Cummins Sales and Service)
Company Name
$ 20,700
$ 25,830
$ 750
$ 34,500
$ 20,700
$ 103,200
$ 38,700
$ 5,000
$ 729,380
THREE (3)
7 1 RR 1 An
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LOT 9 TO BE ADDED TO THE TOTAL ESTIMATED BID
Estimated Annual Shop Supplies
ESTIMATED
ANNUAL
DOLLAR
AMOUNT =
$70,000 =
TOTAL ESTIMATED BID — LOT 9 =
X
TOTAL ESTIMATED THREE-YEAR BID — LOT 9 =
LOT 10 TO BE ADDED TO THE TOTAL ESTIMATED BID
Freight/Shipping Charges (as a pass through with prior
approval)
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ESTIMATED
TOTAL
ESTIMATED
ANNUAL BID
$70,000
$70,000
THREE (3)
$210,000
ANNUAL
TOTAL
DOLLAR
ESTIMATED
AMOUNT =
ANNUAL BID
$55,000 =
$55,000
TOTAL ESTIMATED BID — LOT 10 =
$55,000
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 10 = $165,000
Cummins Inc (dba Cummins Sales and Service)
Company Name
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
LOT 11 TO BE ADDED TO THE TOTAL ESTIMATED BID
Environmental Fees
Page 47
ESTIMATED
ANNUAL
TOTAL
DOLLAR
ESTIMATED
AMOUNT
= ANNUAL BID
$70,000
= $70,000
TOTAL ESTIMATED BID — LOT 11 = $70,000
X THREE (3)
TOTAL ESTIMATED THREE-YEAR BID —LOT 11 = $210,000
TOTAL ESTIMATED THREE-YEAR BID —LOTS 1 THROGH 11 = $ 2,773,140
Cummins Inc (dba Cummins Sales and Service)
Company Name
DocuSign Envelope ID: A320A4EC-C12D-4CEA-926B-91CB4C5A6181
*As long as parts are in -stock at the branch, parts can be provided ** Standard Hours In shop / Field = M — F 7:30am - 4:00pm
next day. If the parts are not in -stock at the branch but are in -stock Non Standard Hours all other times of the week, weekends and holidays.
at the nearest distribution center, they can be received in no later 365 days a year
than 3-5 business days after receipt of order.
Parts/Service Availability (ARO):
Parts hours calendar days 1-5* Service hours calendar days 1 **
Nearest Parts/Service Location: Cummins Sales & Service, 4820 North Orange Blossom Trail, Orlando, FL 32810
List contact person/telephone number for service facility: In shop Service —Jose Serrano 407-535-4912, Willie Hall 407-535-4931, Joshua Sala 407-535-4926
Field Service Power Generation — James Mayer 407-535-4904 Field Service Engine — Adam Mair 407-535-4905
Backup for all Service Departments — Carlos Flores 321-200-3258
IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those
listed in the County's bid documents(s). Inclusion of additional terms and conditions such as those which may be on your company's standard
forms shall result in your bid being declared non -responsive as these changes will be considered a counteroffer to the County's bid.
Delivery shall be not later than three (3) calendar days After Receipt of Order (ARO), for replenishment of stock items,
per Special Terms and Conditions 7A.
Delivery shall be no later than one (1) calendar day After Receipt of Order (ARO), for emergency items, per Special
Terms and Conditions 7B.
Inquiries regarding this Invitation for Bids may be directed to Melisa Vergara, Contracting Agent, at Melisa.Ver-ag_rakocfl.net
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BID RESPONSE FORM - CONTINUED
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name: Cummins Inc. (dba Cummins Sales and Service
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TIN#: 35-0257090
D-U-N-S® #
4820 N. Orange Blossom Trail,
(Street No. or P.O. Box Number) (Street Name)
Orange
(County)
Contact Person:
Phone Number:
FL
(State)
00-641-5160
Orlando
(City)
32810
(Zip Code)
Darrin Mellinger - Bids & Contracts Manager
(901) 626-9641 Fax Number:
Email Address:
cssnabids@cummins.com
Emergency Contact Person:
Telephone Number:
Residence Telephone Number:
EMERGENCY CONTACT
Joann M Cardoza
Cell Phone Number: 321-370-2315
ACKNOWLEDGEMENT OF ADDENDA
Email: loann.m.cardoza@cummins.com
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the
blocks below or by completion of the applicable information on the addendum and returning it not
later than the date and time for receipt of the bid. Failure to acknowledge an addendum that has a
material impact on this solicitation may negatively impact the responsiveness of your bid. Material
impacts include but are not limited to changes to specifications, scope of work/services, delivery
time, performance period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No.
N/A
, Date
N/A
Addendum No.
N/A , Date
N/A
Addendum No.
N/A
Date
N/A
Addendum No.
N/A' Date
N/A
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AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids, negotiate and/or
sign contracts and related documents to which the bidder will be duly bound. Principal is defined
as an employee, officer or other technical or professional in a position capable of substantiallX
influencing the development or outcome of an activity required to perform the covered transaction.
Name Title Telephone Number/Email
Darrin Mellinger Bids & Contracts Manager (901) 626-9641
vapri McCGI ael- 4/15/2021
(Signature) (Date)
Bids & Contracts Manager
(Title)
Cummins Inc. (dba Cummins Sales and Service)
(Name of Business)
The Bidder shall complete and submit the following information with the bid:
Type of Organization
Sole Proprietorship
Joint Venture*
State of Incorporation: Indiana
Partnership
V Corporation
Principal Place of Business (Florida Statute Chapter 607)
Non -Profit
Columbus / Bartholomew / Indiana
City/County/State
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE
FLORIDA DIVISION OF CORPORATIONS.
Federal I.D. number is: 35-0257090
* Joint venture firms must complete and submit with their Bid Response the form titled `Information for
Determining Joint Venture Eligibility", and a copy of the formal agreement between all joint venture
parties. This joint venture agreement must indicate the parties' respective roles, responsibilities and levels
of participation for the project. If proposing as a Joint Venture, the Joint Venture shall obtain and
maintain all contractually reauired insurance in the name of the Joint Venture as reauired by the
Contract. Individual insurance in the name of the parties to the Joint venture will not be
accepted. Failure to timely submit the required form along with an attached written copy of the joint venture
agreement may result in disqualification of your Bid Response
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Issue Date: March 15, 2021
ORANGE COUNTY FLORIDA
PROCUREMENT DIVISION
NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County
is accepting sealed bids for:
INVITATION FOR BIDS #Y21-168-MV, HEAVY EQUIPMENT PARTS AND LABOR
TERM CONTRACT
Copies of the Invitation for Bids (IFB) documents may be obtained from the Orange County
Procurement Division by phoning (407) 836-5635 or by download at:
hitps:Hqpp.negometrix.com/bLjyer/691
BID SUBMISSION DUE DATE:
In an effort to help promote social distancing measures during the COVID-19 Public Health
Emergency, electronic submissions will be accepted by the County.
Firms are strongly encouraged to submit responses electronically. Firms will not be permitted to
fax or email offers.
To maintain a secured sealed process electronic submissions may be made through the Negometrix
platform only at: hitps:Hgpp.negometrix.com/bLjyer/691
Sealed bid offers for furnishing the above will be accepted up to 4:00 PM (local time), Thursday,
April 15, 2021, via the electronic portal referenced above, or at the Procurement Division, Internal
Operations Centre II, 400 E. South Street, 2nd Floor, Orlando, FL 32801.
Bids delivered via mail or hand delivery shall contain an original, two (2) hard copies and one
(1) electronic copy on a USB Flash Drive.
NOTICE TO BIDDERS:
To ensure that your bid is responsive, you are urged to request clarification or guidance on any
issues involving this solicitation before submission of your response. Your point -of -contact for
this solicitation is Melisa Vergara, Contracting Agent at Melisa.Vergaragocfl.net.
QUESTIONS:
All questions or concerns regarding this Invitation for Bids shall be submitted by email to
Melisa.Vergara&ocfl.net, no later than 5:00 PM Thursday, March 25, 2021 to the attention of
Melisa Vergara, Procurement Division, referencing the IFB number.
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TABLE OF CONTENTS
DESCRIPTION PAGE
SECTION 1: GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS 3-20
SECTION 2: SPECIAL TERMS AND CONDITIONS
SPECIAL TERMS AND CONDITIONS 21-32
SECTION 3: SPECIFICATIONS
SPECIFICATIONS
33-36
SECTION 4: BID SUBMISSION REQUIREMENTS AND DOCUMENTATION
- QUALIFICATION OF BIDDERS (BID PACKAGE REQUIREMENTS)
39-40
- BID RESPONSE FORM
41-48
- EMERGENCY CONTACTS
49
- ACKNOWLEDGEMENT OF ADDENDA
49
- AUTHORIZED SIGNATORIES/NEGOTIATORS
50
- REFERENCE DOCUMENTATION FORM
51-53
- DRUG -FREE WORKPLACE FORM
- SCHEDULE OF SUBCONTRACTING FORM
- CONFLICT/NON-CONFLICT OF INTEREST FORM
- E-VERIFICATION CERTIFICATION
- RELATIONSHIP DISCLOSURE FORM
- RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ)
- ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
- EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)
- AGENT AUTHORIZATION FORM
- LEASED EMPLOYEE AFFIDAVIT
- INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
- CONTRACT
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SECTION I
GENERAL TERMS AND CONDITIONS
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GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
These specifications constitute the complete set of requirements and bid forms. The bid
response page(s), and all forms listed on the bid response page(s) shall be completed,
signed, and submitted via the electronic submittal portal, or sealed in an envelope bearing
the bid number on the outside and mailed or presented to the Procurement Division on or
before the specified time and date. Failure to comply with the preceding requirements
shall result in the rejection of the bid.
Bids submitted by e-mail, telephone or fax shall not be accepted. An e-mailed or a
faxed bid shall be rejected as non -responsive regardless of where it is received.
Bids may be submitted via the electronic submission portal at:
https://app.negometrix.com/buyer/691, or in the Procurement Division; Internal
Operations Centre Il, 400 E. South Street; 2nd Floor, Orlando, FL 32801, prior to the
submission deadline. Bids will be opened per the public meeting notice.
Bidders are cautioned that they are responsible for delivery to the specific location cited
above. Therefore, if your bid is delivered by an express mail carrier or by any other means,
it is your responsibility to ensure delivery to the above address. This office will not be
responsible for deliveries made to any place other than the specified address.
The County shall not be responsible for delays caused by any occurrence. The
time/date stamp clock located in the Procurement Division shall serve as the official
authority to determine lateness of any bid. The bid time shall be scrupulously
observed. Under no circumstances shall bids delivered after the time specified be
considered. Late bids will be returned to the Bidder unopened. The decision to refuse
to consider a bid that was received beyond the date/time established in the solicitation
shall not be the basis for a protest pursuant to the Orange County Code (Procurement
Ordinance).
If submitting via mail or in person, bids must be typewritten or filled in with pen and ink,
and must be signed in ink by an officer or employee having authority to bind the company
or firm. Errors, corrections, or changes on any document must be initialed by the signatory
of the bid.
Bidders shall not be allowed to modify their bids after the opening time and date. Bid files
may be examined during normal working hours, thirty (30) days after bid opening or upon
recommendation for award, whichever occurs first. Bidders desiring to view these
documents are urged to schedule an appointment.
For information concerning this bid, please contact the Procurement Division at the address
listed above or by calling 407-836-5635. Please specify the bid number for which you are
inquiring.
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2. QUESTIONS REGARDING THIS SOLICITATION
All questions or concerns regarding this Invitation for Bids shall be submitted by email to
the Procurement Division representative specified on the cover page of this Invitation for
Bids. Consideration for modification or alteration of the documents contained in this
solicitation shall be requested during the specified question specified on the cover page of
this Invitation for Bids.
When required the Procurement Division shall issue an addendum to the Invitation for
Bids. The addendum shall be available on the aforementioned electronic portal for access
by potential Bidders.
Bidders are instructed not to contact the initiating division directly. No oral interpretation
of this Invitation for Bids shall be considered binding. The County shall be bound by
information and statements only when such statements are written and executed under the
authority of the Manager, Procurement Division.
This provision exists solely for the convenience and administrative efficiency of Orange
County. No Bidder or other third party gains any rights by virtue of this provision or the
application thereof, nor shall any Bidder or third party have any standing to sue or cause
of action arising there from.
3. PRICE/DELIVERY
Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any bids
containing modifying or "escalator" clauses will not be considered unless specifically
requested in the bid specifications.
"Acceptance" as herein used means the acceptance by Orange County after the Manager,
Procurement Division or authorized agent has, by inspection or test of such items,
determined that they fully comply with specifications.
Deliveries resulting from this bid are to be performed during the normal working
hours of the County. Time is of the essence and the Contractor's delivery date must be
specified and adhered to. Should the Contractor, to whom the order or contract is awarded,
fail to deliver on or before the stated date, the County reserves the right to CANCEL the
order or contract and make the purchase elsewhere, and the Contractor shall be required to
compensate the County for the difference in price paid for the alternate goods. The
Contractor shall be responsible for making any and all claims against carriers for missing
or damage goods. Partial shipments will be acceptable unless otherwise stated.
4. FEDERAL AND STATE TAX
The County is exempt from Federal and State Sales and Use Taxes for tangible personal
property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue
Code and Florida Sales/Use Tax Exemption Certificate). The Manager, Procurement
Division will sign an exemption certificate submitted by the Contractor.
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Contractors doing business with the County shall not be exempted from paying sales tax
to their suppliers for materials to fulfill contractual obligations with the County, nor shall
any Contractor be authorized to use the County's Tax Exemption Number in securing such
materials.
5. ACCEPTANCE/REJECTION/CANCELLATION
The County reserves the right to accept or to reject any or all bids and to make the award
to that bidder who, in the opinion of the County, will be in the best interest of and/or the
most advantageous to the County. The County also reserves the right to reject the bid of
any bidder who has previously failed in the proper performance of an award or to deliver
on time contracts of a similar nature or who, in the County's opinion, is not in a position
to perform properly under this award. The County reserves the right to inspect all facilities
of bidders in order to make a determination as to the foregoing. The County reserves the
right to waive any irregularities and technicalities and may, at its discretion, request a re-
bid. Award will be made to the lowest responsive and responsible bidder as determined by
the County.
The County reserves the right, and the Manager, Procurement Division has absolute and
sole discretion, to cancel a solicitation at any time prior to approval of the award by the
Board of County Commissioners when such approval is required. The decision to cancel
a solicitation cannot be the basis for a protest pursuant to the Orange County Code.
6. BRAND NAME OR EQUALS/DEVIATIONS
Unless otherwise specified, the mention of a particular manufacturer's brand name or
number in the specifications does not imply that this particular good is the only one that
will be considered for purchase. This reference is intended solely to designate the type or
quality of good that will be acceptable. Equal offers will be considered and must include
descriptive literature and/or specifications. Failure to provide descriptive literature and/or
specifications with equal offers will result in the disqualification of the bid.
The determination as to whether any alternate good or service is or is not equal shall be
made solely by the County and such determination shall be final and binding upon all
bidders. The County reserves the right to request and review additional information to
make such a determination.
Although the County provides for the consideration of alternate bids, it reserves the right
to make an award in the best interest of the County. Award may not necessarily be given
to the lowest bid offered.
The Bidder shall be responsible for reading very carefully, and understanding completely,
the requirements and the specifications of the items bid upon. Unless the bid is in response
to a "Brand Name or Equal" requirement, deviations from the specifications will only be
considered if requested in writing prior to the date and time specified for receipt of bids.
Deviations, if accepted, will be specifically addressed in writing via an addendum to this
Invitation for Bids. Any goods or services that are not in compliance with the specifications
will not be accepted.
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7. NO BID
Where more than one item is listed, any items not bid upon shall be indicated as "NO BID".
8. CONFLICT OF INTEREST
The award is subject to provisions of applicable State Statutes and County Ordinances. All
bidders must disclose with their bid the name of any officer, director, or agent who is also
an employee of Orange County. Further, all bidders must disclose the name of any County
employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the
Bidder's firm or any of its branches. Should the Contractor permanently or temporarily
hire any County employee who is, or has been, directly involved with the Contractor prior
to or during performance of the resulting contract, the contract shall be subject to
immediate termination by the County.
9. LEGAL REQUIREMENTS
All applicable Federal and State laws and County ordinances that in any manner affect the
items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause
for relief from responsibility.
A. Contractors doing business with the County are prohibited from discriminating
against any employees, applicant, or client because of race, religion, color,
disability, national origin, gender, or age with regard to but not limited to the
following: employment practices, rates of pay or other compensation methods, and
training selection.
B. Businesses wishing to participate in the County procurement process as an Orange
County Certified M/WBE firm are required to complete a certification application
to attain recognition as such. You may contact the Procurement Division or the
Business Development Division for information and assistance.
10. RECIPROCAL PREFERENCE
In the event the lowest responsive and responsible bid submitted in response to any Invitation
for Bids is by a bidder whose principal place of business is in a county other than Orange
County, and such county grants a bid preference for purchases to a bidder whose principal
place of business is in such county, then Orange County may award a preference to the (next)
lowest responsive and responsible bidder having a principal place of business within Orange
County, Florida. Such preference will be equal to the preference granted by the county in
which the lowest responsive and responsible bidder has its principal place of business except
as provided below.
Effective July 1, 2015 the reciprocal local preference will not apply to construction
services in which 50 percent or more of the cost will be paid from state -appropriated
funds which have been appropriated at the time of the competitive solicitation.
If the solicitation involves a federally funded project where the funding source
requirements prohibit the use of state and/or local preferences, the reciprocal local
preference will not be applied.
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11. GOVERNING LAW AND VENUE
Any and all legal actions associated with this contract will be governed by the laws of the
State of Florida. Venue for any litigation involving this contract shall be in the Ninth Circuit
Court in and for Orange County, Florida. Should any federal claims arise for which the
courts of the State of Florida lack jurisdiction, venue for those actions will be in the Orlando
Division of the U.S. Middle District of Florida.
12. JURY WAIVER
Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable
law, any right it may have to a trial by jury in any legal proceeding directly or indirectly
arising out of or relating to this agreement.
13. ATTORNEYS' FEES AND COSTS
The Parties shall each bear their own costs, expert fees, attorneys' fees, and other fees
incurred in connection with this Agreement and any litigation that arises either directly, or
indirectly.
14. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis
for contractual obligations between the Contractor and the County for any terms and
conditions not specifically stated in this Invitation for Bids.
15. MISTAKES
In the event of extension error(s), the unit price will prevail and the Bidder's total offer will
be corrected accordingly. In the event of addition errors, the extended totals will prevail
and the Bidder's total will be corrected accordingly. Bidders must check their bid where
applicable. Failure to do so will be at the Bidder's risk. Bids having erasures or corrections
must be initialed in ink by the Bidder.
16. AVAILABILITY OF FUNDS
The obligations of the County under this award are subject to the availability of funds
lawfully appropriated for its purpose by the State of Florida and Orange County, Florida,
or other specified funding source for this procurement.
17. NON-DISCRIMINATION
The County's policies of equal opportunity and non-discrimination are intended to assure
equal opportunities to every person, regardless of race, religion, sex, color, age, disability
or national origin, in securing or holding employment in a field of work or labor for which
the person is qualified, as provided and enforced by Section 17-314 of the Orange County
Code and the County's relevant Administrative Regulations. It is also the county policy
that person(s) doing business with the County shall recognize and comply with this policy
and that the County shall not extend public funds or resources in a manner as would
encourage, perpetuate or foster discrimination. As such:
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1. The Contractor shall adopt and maintain, or provide evidence to the County that Contractor
has adopted and maintains, a policy of nondiscrimination as defined by Section 17-288,
Orange County Code, throughout the term of this Agreement.
2. The Contractor agrees that, on written request, the Association shall permit reasonable
access to all business records or employment, employment advertisement, applications
forms, and other pertinent data and records, by the County, for the purpose of investigating
to ascertain compliance with the non-discrimination provisions of this contract; provided,
that the Contractor shall not be required to produce for inspection records covering periods
of time more than one year prior to the date of this Agreement.
3. The Contractor agrees that, if any obligations of this contract are to be performed by
subcontractor(s), the provisions of subparagraphs 1 and 2 of this Section shall be
incorporated into and become a part of the subcontract.
18. BID TABULATION AND RESULTS
Bid tabulations shall be available thirty (30) days after opening on the Orange County
website at: http://apps.ocfl.net/orangebids/bidresults/results.asi) or upon notice of
intended action, whichever is sooner.
19. BID FORMS
All bids shall be submitted on the County's standard Bid Response Form. Modification of
the Bid Response Form herein or submission of Bids on Bidder's quotation forms shall not
be accepted and shall be deemed non -responsive.
20. REFERENCES
A contact person shall be someone who has personal knowledge of the Bidder's
performance for the specific requirement listed. Contact person shall have been informed
that they are being used as a reference and that the County may be contacting them. More
than one person can be listed but all shall have knowledge of the project. The reference
shall be the owner or a representative of the owner. Contractors who provided services
under the referenced project (contract) shall not be accepted as references. DO NOT list
principals or officers who shall not be able to answer specific questions regarding the
project. Failure of references listed to respond to the County's inquiries may negatively
impact the responsibility of the Bidder.
21. POSTING OF RECOMMENDED AWARD AND PROTESTS
The recommended award will be posted for review by interested parties at the Procurement
Division and at:
http://apps.ocfl.net/OrangeBids/AwardsRec/default.asi) prior to submission through
the appropriate approval process and will remain posted for a period of five (5) full business
days.
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• Orange County Lobbyist Regulations General Information
http://www.oran2ecountyfl.net/OpenGovernment/Lobbin2AtOran2eCounty.
aspx
A lobbying blackout period shall commence upon issuance of the solicitation until the
Board selects the Contractor. For procurements that do not require Board approval, the
blackout period commences upon solicitation issuance and concludes upon contract award.
The County may void any contract where the County Mayor, one or more County
Commissioners, or a County staff person has been lobbied in violation of the black -out
period restrictions of Ordinance No. 2002-15.
• Orange County Protest Procedures
http://www.oran2ecountyfl.net/VendorServices/VendorProtestProcedures.as
PX
Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth
full business day after posting, shall constitute a waiver of bid protest proceedings.
22. BID AND RELATED COSTS
By submission of a bid, the Bidder agrees that any and all costs associated with the
preparation of the bid will be the sole responsibility of the Bidder. The Bidder also agrees
that the County shall bear no responsibility for any costs associated with the preparation of
the bid including but not limited to any administrative or judicial proceedings resulting
from the solicitation process.
23. CONTRACTUAL AGREEMENT
This Invitation for Bids shall be included and incorporated in the final contract or purchase
order. The order of contract precedence will be the contract (purchase order), bid
document, and response. Any and all legal actions associated with this Invitation for Bids
and/or the resultant contract (purchase order) shall be governed by the laws of the State of
Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court
in and for Orange County, Florida.
24. PUBLIC ENTITY CRIME
Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of
Management Services shall maintain a list of the names and addresses of those who have
been disqualified from participating in the public contracting process under this section.
http://www.dms.myflorida.com/business operations/state purchasing/vendor infor
mation/convicted suspended discriminatory complaints vendor lists/convicted ve
ndor list
A person or affiliate who has been placed on The Convicted Vendor list following a
conviction for a public entity crime shall not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, shall not submit bids on
leases of real property to a public entity, shall not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with a public entity, and
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shall not transact business with any public entity in excess of the threshold amount
provided in Florida Statute Section 287.017, for CATEGORY TWO for a period of thirty-
six (36) months from the date of being placed on The Convicted Vendor List.
25. DRUG -FREE WORKPLACE FORM
The Drug -Free Workplace Form is attached and shall be completed and submitted with
your bid.
26. SUBCONTRACTING
Bidders subcontracting any portion of the work shall state name and address of
subcontractor and the name of the person to be contacted on the attached "Schedule of
Subcontractors Form".
27. CONFLICT OF INTEREST FORM
Bidder shall complete the Conflict of Interest Form attached hereto and submit it with their
bid.
28. ETHICS COMPLIANCE
The following forms are included in this solicitation and shall be completed and submitted
as indicated below:
A. Orange County Specific Project Expenditure Report -The purpose of this form
is to document any expenses incurred by a lobbyist for the purposes described in
Section 2-351, Orange County Code. This form shall be completed and submitted
with all bid responses to an Orange County solicitation. Any questions concerning
this form shall be addressed to the contracting agent identified in the applicable
solicitation.
B. Relationship Disclosure Form — The purpose of this form is to document any
relationships between a bidder to an Orange County solicitation and the Mayor or
any other member of Orange County, Florida. This form shall be completed and
submitted with the applicable bid to an Orange County solicitation.
No contract award shall be made unless these forms have been completed and
submitted with the bid. Any questions concerning these forms shall be addressed to the
contracting agent identified in this solicitation. Also, a listing of the most frequently asked
questions concerning these forms is attached to each for your information.
29. SUBMISSION OF BID
Bids may be submitted via the electronic submission portal at:
https://app.negometrix.com/buyer/691, or in the Procurement Division; Internal
Operations Centre Il, 400 E. South Street; 2nd Floor, Orlando, FL 32801, prior to the
submission deadline. Bids will be opened per the public meeting notice.
If bid will be mailed or hand delivered, ensure it is secured in a sealed envelope, addressed
as follows:
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ORANGE COUNTY PROCUREMENT DIVISION
Internal Operations Centre II
400 E. South Street, 2nd Floor
Orlando, Florida 32801
Bidders must indicate on the sealed envelope the following:
A. Invitation for Bids Number
B. Due Date of Bid Submittal
C. Name of Bidder
D. Phone Number of Bidder
Bids received after the time, date, and/or at the location specified, due to failure to identify
the envelope with the above information shall be rejected.
30. COPIES
Copies of documents, records, materials, and/or reproductions requests will be charged in
accordance with Orange County's fee schedule. Copyrighted materials may be inspected,
but cannot be copied or reproduced per Federal law.
31. PROPRIETARY/RESTRICTIVE SPECIFICATIONS
If a prospective bidder considers the specification contained herein to be proprietary or
restrictive in nature, thus potentially resulting in reduced competition, they are urged to
contact the Procurement Division prior to bid opening. Specifications which are unrelated
to performance will be considered for deletion via addendum to this Invitation for Bids.
32. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/
REQUIREMENTS/ STATEMENTS OF WORK
Firms and/or individuals that assisted in the development or drafting of the specifications,
requirements, statements of work, or solicitation documents contained herein are excluded
from competing for this solicitation.
This shall not be applicable to firms and/or individuals providing responses to a publicly
posted Request for Information (RFI) associated with a solicitation.
33. PAYMENT TERMS/DISCOUNTS
The County's payment terms are in accordance with Florida Statute 218, Local
Government Prompt Payment Act. Cash discounts for prompt payment shall not be
considered in determining the lowest net cost for bid evaluation purposes.
34. PATENTS AND ROYALTIES
Unless otherwise provided, the Contractor shall be solely responsible for obtaining the right
to use any patented or copyrighted materials in the performance of the contract resulting
from this Invitation for Bids.
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The Contractor, without exception, shall indemnify and save harmless the County and its
employees from liability of any nature or kind, including cost and expenses for or on
account of any copyrighted, patented, or unpatented invention, process, or article
manufactured or supplied by the Contractor. In the event of any claim against the County
of copyright or patent infringement, the County shall promptly provide written notification
to the Contractor. If such a claim is made, the Contractor shall use its best efforts to
promptly purchase for the County any infringing products or services or procure a license,
at no cost to the County, which will allow continued use of the service or product.
If none of the alternatives are reasonably available, the County agrees to return the article
on request to the Contractor and receive reimbursement, if any, as may be determined by a
court of competent jurisdiction.
35. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold
harmless the County, its officials, agents, and employees from and against any and all
claims, suits, judgments, demands, liabilities, damages, cost and expenses including
attorney's fees of any kind or nature whatsoever arising directly or indirectly out of or
caused in whole or in part by any act or omission of the Contractor or its subcontractors,
anyone directly or indirectly employed by them, or anyone for whose acts any of them
may be liable; excepting those acts or omissions arising out of the sole negligence of the
County.
36. CLARIFICATIONS
It is the Bidder's responsibility to become familiar with and fully informed regarding the
terms, conditions and specifications of this Invitation for Bids. Lack of understanding
and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for
withdrawal of your bid after opening or for subsequent protest of award. Bidder's must
contact the Procurement Division, at the phone number on the bid cover sheet prior to bid
opening, should clarification be required.
Modification or alteration of the documents contained in the solicitation or contract shall
only be valid if mutually agreed to in writing by the Bidder and the County.
37. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
By submission of this bid, the Bidder certifies, and in the case of a joint bid each party
thereto certifies as to its own organization, that in connection with this procurement:
A. The prices in this bid have been arrived at independently, without consultation,
collusion, communication, or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor.
B. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the Bidder and will not knowingly be
disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder
or to any competitor; and,
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C. No attempt has been made or shall be made by the Bidder to induce any other person
or bidder to submit or not to submit a bid for the purpose of restricting competition.
38. SUCCESSORS AND ASSIGNS
The County and the Contractor each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners,
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Contract. Except as above, neither the County nor the Contractor shall
assign, sublet, convey or transfer its interest in this Contract without the written consent of
the other. Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of the County which may be a party hereto, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the County and the
Contractor.
39. NO REPRESENTATIONS
Each party represents that they have had the opportunity to consult with an attorney, and
have carefully read and understand the scope and effect of the provisions of this
Agreement. Neither party has relied upon any representations or statements made by the
other party hereto which are not specifically set forth in this Agreement.
40. SEVERABILITY
The provisions of this Agreement are declared by the parties to be severable. However, the
material provisions of this Agreement are dependent upon one another, and such
interdependencies a material inducement for the parties to enter into this Agreement.
Therefore, should any material term, provision, covenant or condition of this Agreement
be held invalid or unenforceable by a court of competent jurisdiction, the party protected
or benefited by such term, provision, covenant, or condition may demand that the parties
negotiate such reasonable alternate contract language or provisions as may be necessary
either to restore the protected or benefited party to its previous position or otherwise
mitigate the loss of protection or benefit resulting from holding.
41. PRICING/AUDIT
The Contractor shall establish and maintain a reasonable accounting system, which enables
ready identification of Contractor's cost of goods and use of funds.
Such accounting system shall also include adequate records and documents to justify all
prices for all items invoiced as well as all charges, expenses and costs incurred in providing
the goods for at least five (5) years after completion of this contract. The County or its
designee shall have access to such books, records, subcontract(s), financial operations, and
documents of the Contractor or its subcontractors, as required to comply with this section
for the purpose of inspection or audit anytime during normal business hours at the
Contractor's place of business. This right to audit shall include the Contractor's
subcontractors used to procure goods under the contract with the County. Contractor shall
ensure the County has these same rights with subcontractors and suppliers.
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42. EMPLOYEES OF THE CONTRACTOR
All work under this contract shall be performed in a professional and skillful manner. The
County may require, in writing, that the Contractor, remove from this contract any
employee the County deems incompetent, careless, or otherwise objectionable.
43. TOBACCO FREE CAMPUS
All Orange County operations under the Board of County Commissioners shall be tobacco
free. This policy shall apply to parking lots, parks, break areas and worksites. It is also
applicable to Contractors and their personnel during contract performance on County
owned property. Tobacco is defined as tobacco products including, but not limited to,
cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this
policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or
contract enforcement remedies.
44. SINGLE -USE PRODUCTS
The Board of County Commissioners has established a single -use products and plastic bags
policy intended to reduce the use of products which have become globally recognized as
having lasting negative impacts on the environment.
Neither single -use products nor plastic bags may be sold or disbursed on County property
by staff or contracted vendors, except as set forth in Orange County Administrative
Regulation 9.01.03. Failure to comply with the Regulation may result in termination of the
contract or other contractual remedies, and may affect future contracting with the County.
The use of reusable, recyclable, biodegradable, or compostable materials is encouraged.
45. CONTRACT CLAIMS
"Claim" as used in this provision means a written demand or written assertion by one of
the contracting parties seeking as a matter of right, the payment of a certain sum of money,
the adjustment or interpretation of contract terms, or other relief arising under or relating
to this contract.
Claims made by a Contractor against the County, relating to a particular contract shall be
submitted to the Manager, Procurement Division in writing clearly labeled "Contract
Claim" requesting a final decision. The Contractor also shall provide with the claim a
certification as follows: "I certify that the claim is made in good faith; that the supporting
data are accurate and complete to the best of my knowledge and belief; that the amount
requested accurately reflects the contract adjustment for which the Contractor believes the
County is liable; and that I am duly authorized to certify the claim on behalf of the
Contractor."
Failure to document a claim in this manner shall render the claim null and void. No
claim shall be accepted after final payment of the contract.
The decision of the Manager, Procurement Division shall be issued in writing and furnished
to the Contractor. The decision shall state the reasons for the decision reached. The
Manager, Procurement Division shall render the final decision within sixty (60) days after
receipt of Contractor's written request for a final decision. The Manager, Procurement
Division decision shall be final and conclusive.
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The Contractor shall proceed diligently with performance of this contract pending final
resolution of any request for relief, claim, appeal or action arising under the contract and
shall comply with any final decision rendered by the Manager, Procurement Division.
46. VERIFICATION OF EMPLOYMENT STATUS
The Contractor is required to be registered with the U.S. Department of Homeland
Security's E-Verify system prior to entering into a contract with Orange County. The
Contractor shall use the E-Verify system to verify the employment eligibility of all new
employees hired by the Contractor during the contract term. The Contractor shall include
an express provision in all of its subcontracts requiring subcontractors, who perform work
or provide services pursuant to the contract, to use the E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract
term. For more information on this process, please refer to United States Citizenship and
Immigration Service site at:
hltp://www.uscis.goy/portal/site/Uscis.
Only those employees determined eligible to work within the United States shall be
employed under this contract.
By submission of a bid in response to this solicitation, the Contractor affirms that all
employees in the above categories shall undergo e-verification before placement on this
contract. The Contractor shall commit to comply with this requirement by completing the
E-Verification certification, attached to this solicitation.
A public employer, contractor, or subcontractor who has a good faith belief that a person
or entity with which it is contracting has knowingly violated Section 448.09(1), Florida
Statutes is obligated to terminate the contract with the person or entity pursuant to Section
448.095(2)(c)l, Florida Statutes. If Orange County terminates the contract for the
foregoing reason, the contractor may not be awarded a public contract for at least one (1)
year after the date on which the contract was terminated, and the contractor will be liable
for any additional costs incurred by Orange County as a result of the termination of the
contract.
47. CONFIDENTIAL INFORMATION
In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except
as may be provided by other applicable State or Federal Law, all bidders/proposers should
be aware that formal solicitations and the responses thereto are in the public domain.
Requests for confidential treatment will not supersede the County's legal obligation to
provide records to the public consistent with public records law. Bidders/proposers must
cite specific, applicable legal grounds to support a request for confidential treatment, of
any portion of a bid/proposal. Requests by bidders/proposers to keep entire bids/proposals
confidential are generally not supported by public records laws. At a minimum, the County
will disclose the successful bidder's/proposer's name, the substance of the bid/proposal,
and the price.
If the bidder/proposer requests confidential treatment, bidder/proposer must submit an
additional copy of the bid/proposal with the proposed confidential information redacted.
This copy must include a general description of the information redacted, and shall only be
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redacted in the least expansive manner necessary to effectuate the requested exemption(s).
In a separate attachment, bidder/proposer shall supply a listing of the provisions identified
by section number for which it seeks confidential treatment and identify the statutory basis
under Florida law, including a detailed justification for exempting the information from
public disclosure.
Bidder/proposer shall hold harmless and indemnify the County for all claims, actions, suits,
judgments, fines, costs or damages the County may incur as a result of bidder's/proposer's
request for confidential treatment of its bid/proposal. Bidder/proposer agrees and
understands that the County may make copies of, and distribute, the bid/proposal without
any requested redactions, to facilitate evaluation. Bidder/proposer warrants that such
copying will not violate the rights of any third party.
48. FEDERAL REQUIREMENTS
In the event this Contract is paid in whole or in part from any federal government agency
or source, the specific terms, regulations and requirements governing the disbursement of
these funds shall be specified herein and become a part of this clause.
Equal Employment Opportunity For any federally assisted construction contract, as
defined in 41 CFR 60-1.3, the contractor, subcontractor, subrecipient shall follow all of the
requirements of the Equal Opportunity Clause as stated in 41 CFR 60-1.4.
Davis —Bacon Act: For any federally assisted construction contract, in excess of two
thousand dollars ($2,000), the contractor, subcontractor, subrecipient shall comply with all
of the requirements of the Davis -Bacon Act (40 U.S.C. 3141 — 3148) as supplemented by
Department of Labor Regulations (29 CFR Part 5, "Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and assisted Construction"); and the Copeland
"Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States").
For a definition of "Construction" see 48 CFR 2.101.
Contract Work Hours and Safety Standards Act: For any federally assisted contract, in
excess of one hundred thousand dollars ($100,000), that involves the employment of
mechanics or laborers, the contractor, subcontractor, subrecipient shall comply with all of
the requirements of the Contract work Hours and Safety Standards Act (40 U.S.C. 3702
and 3704), as supplemented by Department of Labor Regulations (29 CFR Part 5).
Byrd Anti -Lobbing Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an
award exceeding one hundred thousand dollars ($100,000) must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal
award.
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Rights to Inventions Made Under a Contract or Agreement: For any federally assisted
contract, awarded to a small business firm or nonprofit organization as defined in 37 CFR
401.2 for the performance of experimental, developmental, or research work, the
contractor, subcontractor, subrecipient agrees to all of the terms in 37 CFR 401.14(a) and
(b) regarding Patent Rights and The Allocation of Principal Rights.
Clean Air Act and the Federal water Pollution Control Act: For any federally assisted
contract, or subgrant, in excess of one hundred and fifty thousand dollars ($150,000), the
contractor, subcontractor, subrecipient or subgrant recipient shall comply with all of the
requirements of the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal water
Pollution Control Act as amended (33 U.S.C. 1251 — 1387).
Procurement of Recovered Materials:
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA -designated items unless the
product cannot be acquired
a. Competitively within a timeframe providing for compliance with the contract
performance schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
(2) Information about this requirement, along with a list of EPA -designated items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-c -program.
Awarded Contractors are required to fully comply with all requirements outlined in 2
CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
49. SCRUTINIZED COMPANIES
A. By executing this Agreement, the Contractor/Sub-Recipient certifies that it is eligible
to bid on, submit a proposal for, or enter into or renew a contract with the County for
goods or services pursuant to Section 287.135, Florida Statutes.
B. Specifically, by executing this Agreement, the Contractor/Sub-Recipient certifies that
it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.
C. Additionally, if this Agreement is for an amount of one million dollars ($1,000,000) or
more, by executing this Agreement, the Contractor/Sub-Recipient certifies that it is
not:
1. On the "Scrutinized Companies with Activities in Sudan List" or the
"Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List," created pursuant to Section 215.473, Florida Statutes; and/or
2. Engaged in business operations in Cuba or Syria.
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D. The County reserves the right to terminate this Agreement immediately should the
Contractor be found to:
Have falsified its certification of eligibility to bid on, submit a proposal for,
or enter into or renew a contract with the County for goods or services
pursuant to Section 287.135, Florida Statutes; and/or
2. Have become ineligible to bid on, submit a proposal for, or enter into or
renew a contract with the County for goods or services pursuant to Section
287.135, Florida Statute subsequent to entering into this Agreement with
the County.
E. If this Agreement is terminated by the County as provided in subparagraph 4(a) above,
the County reserves the right to pursue any and all available legal remedies against the
Contractor, including but not limited to the remedies as described in Section 287.135,
Florida Statutes.
F. If this Agreement is terminated by the County as provided in subparagraph 4(b) above,
the Contractor shall be paid only for the funding -applicable work completed as of the
date of the County's termination.
G. Unless explicitly stated in this Section, no other damages, fees, and/or costs may be
assessed against the County for its termination of the Agreement pursuant to this
Section.
50. PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR SERVICE
CONTRACTS)
Orange County is a public agency subject to Chapter 119, Florida Statutes. The Contractor
agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall:
1. Keep and maintain public records required by Orange County to perform the service.
2. Upon request from Orange County's custodian of public records, provide Orange
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter 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 the Contractor
does not transfer the records to Orange County.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to Orange
County all public records in possession of the Contractor or keep and maintain public
records required by Orange County to perform the service. If the Contractor transfers
all public record to Orange County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and maintains
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public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to Orange County, upon request from Orange County's custodian of public
records, in a format that is compatible with the information technology systems of
Orange County.
5. A Contractor who fails to provide the public records to Orange County within a
reasonable time may be subject to penalties under section 119.10, Florida Statutes.
6. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Procurement Public Records Liaison
400 E. South Street, 2nd Floor, Orlando, FL 32801
ProcurementRecords(cocfl.net, 407-836-5635
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SECTION 2
SPECIAL TERMS AND CONDITIONS
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SPECIAL TERMS AND CONDITIONS
1. BID EVALUATION
Bid offer shall be evaluated by the submitted percent discount off the most recently
published manufacturer's price list.
2. BID ACCEPTANCE PERIOD
A bid shall constitute an irrevocable offer for a period of ninety (90) days from the bid
opening date or until the date of award. In the event that an award is not made by the
County within ninety (90) days from the bid opening date, the Bidder may withdraw their
bid or provide a written extension of their bid.
3. FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of an offer, the respondent affirms that it is not currently listed in the Florida
Department of Management Services Convicted/Suspended/Discriminatory Complaint
Vendor List.
4. AWARD
Orange County reserves the right to award on an all -or -none total estimated bid basis to
the lowest responsive and responsible Bidder or to award on a lot -by -lot basis to the lowest
responsive and responsible Bidder whichever is in the best interest of the County, as
described in Special Terms and Conditions 1. Bid Evaluation. If awarded on a lot -by -lot
basis, Lots 9 through 11 shall be awarded and applied to all contracts.
5. POST AWARD MEETING
Within ten (10) days after receipt of notification of award of bid, Contractor shall meet
with the County's representative(s) to discuss job procedures and scheduling.
6. F.O.B. POINT
The F.O.B. point will be a destination within Orange County. The bid shall include all
costs of packaging, transporting, delivery and unloading. This shall include inside
delivery if requested to the designated point within Orange County.
7. DELIVERY
Delivery time is of the essence in the award of this Invitation for Bid. Delivery shall be
as follows:
A. Replenishment of Stock Items: These items shall be received no later than three
(3) calendar days After Receipt of Order (ARO) and shall be delivered F.O.B.
Destination. Shipping charges shall be borne by the vendor. The vendor shall
provide delivery of parts if they offer delivery as a normal function of their daily
activities.
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Should delivery not be available, the County will make every effort to pick up ordered
parts.
B. Emergency Items: These items shall be received no later than one (1) calendar
day After Receipt of Order (ARO). The County will pay any additional shipping
charge necessary to ship parts on an emergency basis (parts requiring next day
delivery) when the vendor has been given prior approval by a representative of
the ordering Division.
Bids submitted which fail to meet this requirement shall be cause for rejection.
Failure of the awarded vendor to meet this delivery requirement shall result in default and
immediate termination of the release order or contract. It is hereby understood and
mutually agreed to by and between parties hereto that the time of delivery is an essential
condition of this contract.
8. TERMINATION
A. Termination for Default:
The County may, by written notice to the Contractor terminate this contract for
default in whole or in part (delivery orders, if applicable) if the Contractor fails to:
Provide goods or services that comply with the specifications herein or fails
to meet the County's performance standards
2. Deliver the goods or to perform the services within the time specified in this
contract or any extension.
3. Make progress so as to endanger performance of this contract
4. Perform any of the other provisions of this contract.
Prior to termination for default, the County shall provide adequate written notice to
the Contractor through the Manager, Procurement Division, affording the
opportunity to cure the deficiencies or to submit a specific plan to resolve the
deficiencies within ten (10) calendar days (or the period specified in the notice)
after receipt of the notice. Failure to adequately cure the deficiency shall result in
termination action. Such termination may also result in suspension or debarment
of the Contractor in accordance with the County's Procurement Ordinance. The
Contractor and its sureties (if any) shall be liable for any damage to the County
resulting from the Contractor's default of the contract. This liability includes any
increased costs incurred by the County in completing contract performance.
In the event of termination by the County for any cause, the Contractor shall have,
in no event, any claim against the County for lost profits or compensation for lost
opportunities. After a receipt of a Termination Notice and except as otherwise
directed by the County the Contractor shall:
Stop work on the date and to the extent specified.
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2. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work
3. Transfer all work in process, completed work, and other materials related to
the terminated work as directed by the County.
4. Continue and complete all parts of that work that have not been terminated.
B. Termination for Convenience:
The County, by written notice, may terminate this contract, in whole or in part,
when it is in the County's interest. If this contract is terminated, the County shall
be liable only for goods or services delivered and accepted. The County Notice of
Termination shall provide the Contractor thirty (30) calendar days prior notice
before it becomes effective. A termination for convenience may apply to
individual delivery orders, purchase orders or to the contract in its entirety.
9. AS SPECIFIED
All goods delivered shall meet the specifications herein. Goods delivered not as specified
shall be returned at no expense by Orange County. The County may return, for full credit,
any unused goods received which fail to meet the County's performance standards.
Replacement goods meeting specifications shall be submitted within a reasonable time
after rejection of the non -conforming goods.
10. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
By submission of a bid in response to this solicitation, the Bidder certifies that all material,
equipment, etc., contained in their bid meets all OSHA requirements. Bidder further
certifies that if they are the awarded Contractor, and the material, equipment, etc., delivered
is subsequently found to be deficient in any OSHA requirements in effect on date of
delivery, all costs necessary to bring the material, equipment, etc., into compliance with
the aforementioned requirements shall be borne by the Contractor.
11. SAFETY REGULATIONS
Equipment shall meet all State and Federal safety regulations.
12. CODES AND REGULATIONS
The Contractor shall strictly comply with all Federal, State and local codes and regulations.
13. PAYMENT
Partial payments for the value of goods received and accepted and services rendered may
be requested by the submission of a properly executed invoice. Payment shall be made in
accordance with Florida Statute 218, Local Government Prompt Payment Act. Payment
for accepted equipment/goods/services shall be accomplished by submission of an invoice,
in duplicate, to:
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Orange County Fleet Management Division
4400 S. Vineland Road
Orlando, FL 32811
Phone 407-836-8210
Orange County Solid Waste Division
5901 Young Pine Road
Orlando, FL 32829
Phone 407-836-6696
A valid invoice shall include the following:
1. Reference to the Delivery Order/ Purchase Order Number
2. Delivery Dates/ Service Dates
3. Itemization of Goods Delivered/ Services Rendered
4. Unit Prices in accordance with the Bid Response Form
5. Valid unit numbers
6. Contracted part numbers
In the event additional County Departments or other public entities utilize this contract,
invoices shall be sent directly to the Department or entity placing the order.
14. WARRANTY
The Contractor shall fully warrant all equipment furnished hereunder against defect in
materials and/or workmanship for a period of ninety (90) days from date of installation by
Orange County, the vendor's repair shop, or vendor's field service personnel. Should any
defect in materials or workmanship, except ordinary wear and tear, appear during the above
stated warranty period, the Contractor shall repair or replace same at no cost to the County,
immediately upon written notice from the County's authorized representative. The
Contractor shall be responsible for either repairing the equipment on site or transporting
the equipment to their repair facility at no cost to the County. All warranty provisions of
the Uniform Commercial Code shall additionally apply.
15. DEBRIS
Contractor shall be responsible for the prompt removal of all debris which is a result of this
contractual service.
16. SAFETY AND PROTECTION OF PROPERTY
The Contractor shall at all times:
A. Initiate, maintain and supervise all safety precautions and programs in connection
with its services or performance of its operations under this contract.
B. Take all reasonable precautions to prevent injury to employees, including County
employees and all other persons affected by their operations.
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C. Take all reasonable precautions to prevent damage or loss to property of Orange
County, or of other Contractors, consultants or agencies and shall be held
responsible for replacing or repairing any such loss or damage.
D. Comply with all ordinances, rules, regulations, standards and lawful orders from
authority bearing on the safety of persons or property or their protection from
damage, injury or loss. This includes but is not limited to:
0 Occupational Safety and Health Act (OSHA)
0 National Institute for Occupational Safety & Health (NIOSH)
0 National Fire Protection Association (NFPA)
0 American Society of Heating, Refrigeration & Air -Conditioning Engineers
(ASHRAE)
E. The Contractor shall also comply with the guidelines set forth in the Orange County
Safety & Health Manual. The manual can be accessed online at the address listed
below:
http://www.oran2ecountyfl.net/VendorServices/Oran2eCountySafetyandHea
1thManual.aspx
17. INSURANCE REQUIREMENTS
Vendor/Contractor agrees to maintain on a primary basis and at its sole expense, at all
times throughout the duration of this contract the following types of insurance coverage
with limits and on forms (including endorsements) as described herein. These
requirements, as well as the County's review or acceptance of insurance maintained by
Vendor/Contractor is not intended to and shall not in any manner limit or qualify the
liabilities assumed by Vendor/Contractor under this contract. Vendor/Contractor is
required to maintain any coverage required by federal and state workers' compensation
or financial responsibility laws including but not limited to Chapter 324 and 440, Florida
Statutes, as may be amended from time to time.
The Vendor/Contractor shall require and ensure that each of its sub-Vendors/sub-
Contractors providing services hereunder (if any) procures and maintains until the
completion of their respective services, insurance of the types and to the limits specified
herein.
Insurance carriers providing coverage required herein must be licensed to conduct
business in the State of Florida and must possess a current A.M. Best's Financial Strength
Rating of A- Class VIII or better.
(Note: State licenses can be checked via www.floir.com/companysearch/and A.M. Best
Ratings are available at www. ambest. com)
Required Coverage:
® Commercial General Liability - The Vendor/Contractor shall maintain coverage
issued on the most recent version of the ISO form as filed for use in Florida or its
equivalent, with a limit of liability of not less than $1,000,000 per occurrence.
Vendor/Contractor further agrees coverage shall not contain any endorsement(s)
excluding or limiting Product/Completed Operations, Contractual Liability, or
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Separation of Insureds. The General Aggregate limit shall either apply separately to
this contract or shall be at least twice the required occurrence limit.
Required Endorsements:
® Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents.
Note: CG 20 10 must be accompanied by CG 20 37 to include
products/completed operations
® Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.
Note: If blanket endorsements are being submitted please include the entire
endorsement and the applicable policy number.
® Business Automobile Liability - The Vendor/Contractor shall maintain
coverage for all owned; non -owned and hired vehicles issued on the most recent
version of the ISO form as filed for use in Florida or its equivalent, with limits of not
less than $1,000,000 (one million dollars) per accident. In the event the
Vendor/Contractor does not own automobiles the Vendor/Contractor shall maintain
coverage for hired and non -owned auto liability, which may be satisfied by way of
endorsement to the Commercial General Liability policy or separate Business Auto
Liability policy.
® Workers' Compensation - The Vendor/Contractor shall maintain coverage
for its employees with statutory workers' compensation limits, and no less than
$500,000 each incident of bodily injury or disease for Employers' Liability. Elective
exemptions as defined in Florida Statute 440 will be considered on a case -by -case
basis. Any Vendor/Contractor using an employee leasing company shall complete
the Leased Employee Affidavit.
Required Endorsements:
® Waiver of Subrogation- WC 00 03 13 or its equivalent
When a self -insured retention or deductible exceeds $100,000 the COUNTY reserves the
right to request a copy of Vendor/Contractor most recent annual report or audited financial
statement. For policies written on a "Claims -Made" basis the Vendor/Contractor agrees to
maintain a retroactive date prior to or equal to the effective date of this contract. In the
event the policy is canceled, non -renewed, switched to occurrence form, or any other event
which triggers the right to purchase a Supplemental Extended Reporting Period (SERP)
during the life of this contract the Vendor/Contractor agrees to purchase the SERP with a
minimum reporting period of not less than two years. Purchase of the SERP shall not
relieve the Vendor/Contractor of the obligation to provide replacement coverage.
By entering into this contract Vendor/Contractor agrees to provide a waiver of
subrogation or a waiver of transfer of rights of recovery, in favor of the County for
the workers' compensation and general liability policies as required herein. When
required by the insurer or should a policy condition not permit the
Vendor/Contractor to enter into a pre -loss agreement to waive subrogation without
an endorsement, then Vendor/Contractor agrees to notify the insurer and request
the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of
Rights of Recovery Against Others endorsement.
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Prior to execution and commencement of any operations/services provided under this
contract the Vendor/Contractor shall provide the COUNTY with current certificates of
insurance evidencing all required coverage. In addition to the certificate(s) of insurance
the Vendor/Contractor shall also provide endorsements for each policy as specified
above. All specific policy endorsements shall be in the name of Orange County, Florida.
For continuing service contracts renewal certificates shall be submitted immediately upon
request by either the COUNTY or the COUNTY's contracted certificate compliance
management firm. The certificates shall clearly indicate that the Vendor/Contractor has
obtained insurance of the type, amount and classification as required for strict compliance
with this insurance section. Vendor/Contractor shall notify the COUNTY not less than
thirty (30) business days (ten business days for non-payment of premium) of any material
change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor
shall provide evidence of replacement coverage to maintain compliance with the
aforementioned insurance requirements to the COUNTY or its certificate management
representative five (5) business days prior to the effective date of the replacement policy
(ies).
The certificate holder shall read:
Orange County, Florida
c/o Risk Management Division
201 S. Rosalind Avenue
Orlando, Florida 32801
Additional insurance guidelines and sample certificates can be found on the County's
Vendor Services website:
http://www.oran_eg countyfl.net/Portals/0/Library/vendor%20services/docs/InsuranceRe
quirementsFAQ.pdf
18. CONTRACT TERWRENEWAL
A. The contract resulting from this Invitation for Bids shall commence effective upon
issuance of a term contract by the County and extend for a period of three (3) years.
The contract may be renewed for two (2) additional one (1) year periods, upon
mutual agreement of both parties. If any such renewal results in changes in the
terms and conditions, such changes shall be reduced to writing as an amendment to
this contract and such amendment shall be executed by both parties.
B. The initiating County department(s) shall issue delivery/purchase orders against the
term contract on an "as needed" basis.
C. If the quantity of a unit priced item in this contract is an estimated quantity and the
actual quantities ordered are more than 50% above the estimated quantity, the
County shall enter into negotiations with the Contractor for a lower unit price which
shall be incorporated into the contract. Failure of the Contractor to agree to a
reduced unit price may result in the termination of the contract and re -solicitation
of the requirement.
D. Any order issued during the effective period of this contract, but not completed
within that period, shall be completed by the Contractor within the time specified
in the order. The contract shall govern the Contractor's and the County's rights and
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obligations with respect to that order to the extent as if the order were completed
during the contract performance period.
19. PRICING
The County requires a firm price for the entire contract period. Invoices shall be reviewed
to confirm compliance with contract pricing. Failure to hold prices firm shall be grounds
for immediate termination of the contract.
20. MANUFACTURER'S LIST PRICE
A. Bid shall be in the form of one fixed (across the board) discount off current
manufacturer's list price only.
B. Awarded vendor(s) shall furnish Procurement Division and each requesting
division, with their bid submittal, current manufacturer's list price, in the form of
electronic copy on a USB Flash Drive properly identified as to price and column
designation for each category and clearly reflecting awarded discount.
C. Price adjustment — Discount off manufacturer's list price shall remain the same
throughout the life of the contract. Changes to manufacturer's price list may be
submitted to the Procurement Division for consideration. Upon receipt of written
acceptance from the County, awarded vendor(s) shall furnish new manufacturer's
list price to all using divisions.
21. PRICE ESCALATION/DE-ESCALATION (CPI)
The County may allow a price escalation provision, for labor only, within this award.
The original contract prices for labor only shall be firm for an initial one (1) year period.
A price escalation/de-escalation will be considered at one (1) year intervals thereafter,
provided the Contractor notifies the County, in writing, of the pending price escalation/de-
escalation a minimum of sixty (60) days prior to the effective date. Price adjustments shall
be based on the latest version of the Consumers Price Index (CPI-U) for All Urban
Consumers, All Items, U.S. City Average, non -seasonal, as published by the U.S.
Department of Labor, Bureau of Labor Statistics. This information is available at
www.bls.gov.
Price adjustment shall be calculated by applying the simple percentage model to the CPI
data. This method is defined as subtracting the base period index value (at the time of
initial award) from the index value at time of calculation (latest version of the CPI
published as of the date of request for price adjustment), divided by the base period index
value to identify percentage of change, then multiplying the percentage of change by 100
to identify the percentage change. Formula is as follows:
Current Index — Base Index / Base Index = % of Change
% of Change x 100 = Percentage Change
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CPI-U Calculation Example:
CPI for current period
232.945
Less CPI for base period
229.815
Equals index point change
3.130
Divided by base period CPI
229.815
Equals
0.0136
Result multiplied by 100
0.0136 x 100
Equals percent change
1.4%
A price increase may be requested only at each time interval specified above, using the
methodology outlined in this section. To request a price increase, Contractor shall submit
a letter stating the percentage amount of the requested increase and adjusted price to the
Orange County Procurement Division. The letter shall include the complete calculation
utilizing the formula above, and a copy of the CPI-U index table used in the calculation.
The maximum allowable increase shall not exceed 4%, unless authorized by the Manager,
Procurement Division. All price adjustments must be accepted by the Manager,
Procurement Division and shall be memorialized by written amendment to this contract.
No retroactive contract price adjustments will be allowed.
Should the CPI-U for All Urban Consumers, All Items, U.S City Average, as published by
the U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the
contract, or any renewals, the Contractor shall notify the Orange County Procurement
Division of price decreases in the method outlined above. If approved, the price adjustment
shall become effective on the contract renewal date. If the Contractor fails to pass the
decrease on to the County, the County reserves the right to place the Contractor in default,
cancel the award, and remove the Contractor from the County Vendor List for a period of
time deemed suitable by the County. In the event of this occurrence, the County further
reserves the right to utilize any options as stated herein.
22. METHOD OF ORDERING
The County shall issue Delivery (Purchase) Orders against the contract on an as needed
basis for the goods or services listed on the Bid Response Form.
23. CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM
CONTRACTS
It is hereby made a part of this Invitation for Bids that before, during and after a public
emergency, disaster, hurricane, flood, or other acts of God that Orange County shall require
a "first priority" basis for goods and services. It is vital and imperative that the majority
of citizens are protected from any emergency situation which threatens public health and
safety, as determined by the County. Contractor agrees to rent/sell/lease all goods and
services to the County or other governmental entities as opposed to a private citizen, on a
first priority basis. The County expects to pay contractual prices for all goods or services
required during an emergency situation. Contractor shall furnish a twenty-four (24) hour
phone number in the event of such an emergency.
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24. REQUIREMENTS CONTRACT
This is a Requirements Contract and the County's intent is to order from the Contractor all
of the goods or services specified in the contract's price schedule that are required to be
purchased by the County. If the County urgently requires delivery of goods or services
before the earliest date that delivery may be required under this contract, and if the
contractor will not accept an order providing for accelerated delivery, the County may
acquire the goods or services from another source.
The County's requirements in this contract are estimated and there is no commitment by
the County to order any specified amount. If the estimated quantities are not achieved, this
shall not be the basis for an equitable adjustment.
If the Manager, Procurement Division determines that the Contractor's performance
is less than satisfactory, the County may order the goods or services from other
sources until the deficient performance has been cured or the contract terminated.
25. PERSONNEL
A. The CONTRACTOR represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with the
COUNTY.
B. All of the services required hereafter shall be performed by the CONTRACTOR or
under its supervision, and all personnel engaged in performing the services shall be
fully qualified and, if required, authorized or permitted under state and local law to
perform such services.
C. By execution of this contract, the Contractor hereby certifies that key personnel
assigned to provide the required services have not been, and shall not be, changed
or altered without prior written approval by the County. The County shall have
seventy two (72) hours to review any request made by the Contractor for any
change, alteration, or substitution of staff. The Contractor shall ensure that such
substituted staff members are of substantially the same qualifications as those
approved by the County at the time of contract award and create no conflicts of
interest between the Contractor and the County.
D. The CONTRACTOR warrants that all services shall be performed by skilled and
competent personnel to the highest professional standards in the field. The
COUNTY may require, in writing, that the CONTRACTOR remove from this
contract any employee the COUNTY deems incompetent, careless, or otherwise
objectionable.
26. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES
At the option of the Contractor, the use of the contract resulting from this solicitation may
be extended to other governmental agencies, including the State of Florida, its agencies,
political subdivisions, counties, and cities.
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Each governmental agency allowed by the Contractor to use this contract shall do so
independent of any other governmental entity. Each agency shall be responsible for its
own purchases and shall be liable only for goods or services ordered, received and
accepted. No agency receives any liability by virtue of this bid and subsequent contract
award.
27. BID PREFERENCE
In accordance with the Minority Women Owned Business Enterprise (MWBE) Ordinance,
award of a contract resulting from this Invitation for Bids may be made to the lowest
responsive and responsible Orange County certified MWBE bidder provided that the bid
does not exceed the overall lowest responsive and responsible bidder by the following
percentages for the bid amounts listed:
A.
8%
- Bids Up To $100,000
B.
7%
- Bids Greater Than $100,000 to $500,000
C.
6%
- Bids Greater Than $500,000 to $750,000
D.
5%
- Bids Greater Than $750,000 to $2,000,000
E.
4%
- Bids Greater Than $2,000,000 to $5,000,000
F.
3%
- Bids Greater Than $5,000,000
In accordance with the Registered Service Disabled Veteran Business Ordinance, award of
a contract resulting from this Invitation for Bids may be made to the lowest responsive and
responsible registered prime Service Disabled Veteran bidder provided that the bid does
not exceed the overall lowest responsive and responsible bidder by the following
percentages for the bid amounts listed:
A.
8%
- Bids Up To $100,000
B.
7%
- Bids Greater Than $100,000 to $500,000
C.
6%
- Bids Greater Than $500,000 to $750,000
D.
5%
- Bids Greater Than $750,000 to $2,000,000
E.
4%
- Bids Greater Than $2,000,000 to $5,000,000
F.
3%
- Bids Greater Than $5,000,000
In the event of a tie between an M/WBE and a registered prime SDV with all else
being equal, the award shall be made to the firm with the lowest business net worth.
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SECTION 3
SPECIFICATIONS
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SPECIFICATIONS
1. LABOR
A. Labor hours consist of shop labor hours and field labor hours as indicated.
2. FIELD LABOR
A. Field labor shall be subject to a trip charge during a maintenance or repair job. A
trip charge shall not be invoiced for a field repair diagnosis. The trip charge shall
cover all travel mileage and travel labor time and no additional charges for travel
mileage or travel labor shall be paid. The trip charge shall be a single charge for
travel to and from the maintenance or repair site and one trip charge is permitted
per vendor vehicle per day.
3. STANDARD/NON-STANDARD HOURS
A. Hours of performance for services shall be:
• Standard Hours: Standard Business Hours are Monday through Friday, 7:00
AM to 5:00 PM, excluding Orange County Holidays.
• Non -Standard Hours: Non-standard Business Hours are all hours other than
Monday through Friday, 7:00 AM to 5:00 PM, weekends, and Orange County
holidays.
• The Contractor shall provide a 24-hour point of contact for Non -Standard
working hours.
B. Standard Business Hours
• 7:OOAM through 5:OOP.M. Monday through Friday.
C. Non -Standard Business Hours
• 5:01P.M through 6:59AM, weekends, all day Saturday and Sunday, or during
County -observed holidays.
4. ORANGE COUNTY HOLIDAYS
Legal holidays when most County buildings will be closed to the public, are as follows:
1. New Year's Day
2. Martin Luther King Day
3. Memorial Day
4. Fourth of July
5. Labor Day
6. Thanksgiving Day and the Friday after Thanksgiving Day
7. Christmas Eve and Christmas Day
5. PARTS
A. All Parts shall be Original Equipment Manufacturer (OEM) brand parts or approved
equivalent.
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B. Substitutions of items, brands etc., will be acceptable only upon prior written
approval of the County representative.
C. Parts shall be ordered by OEM part number or the approved equivalent number. If
ordered by OEM number, any necessary cross over to the vendor part number will
be the responsibility of the vendor.
D. Parts bid shall comply with applicable requirements and standards of the
Occupational Safety and Health Act and applicable Florida Codes.
E. Parts percentage discounts shall be a discount from the manufacturer's most
recently published list price.
F. Oils and lubricants are defined as parts and shall be subject to the parts discount.
6. RETURN OF PARTS
A. The vendor shall accept any part returned by Orange County within sixty (60)
calendar days from the date of acceptance. A nominal re -stocking fee may be
charged to the County if the return of the part is due to an ordering error of the
County.
B. All parts returned to the vendor will be in a resale condition.
7. SHOP SUPPLIES AND ENVIRONMENTAL FEES
A. Any shop supplies and/or environmental fees required to complete maintenance or
repairs and which are not parts shall be charged at no more than 4% of the total
invoice, excluding the trip charge if applicable, and shall not exceed $150.00 per
invoice.
8. ONSITE RESIDENT MECHANICS
A. Onsite resident mechanic(s) may be scheduled forty (40) hours or fifty (50) hours
work week based on the County's operational needs. The Contractor will be
notified in writing of the selected option. The County will provide seven (7) days
advanced notice in writing to the Contractor of any future changes to the schedule.
9. INVOICE REQUIREMENTS FOR FLEET MANAGEMENT DIVISION
A. All invoices related to Fleet asset assigned vehicles and/or equipment parts and
repair (except for Solid Waste) shall be billed to Orange County Fleet Management
4400 Vineland Rd Orlando FL 32811.
B. Only contracted items may be invoiced together. Any non -contract items shall be
invoiced separately and paid for with a P-card (Visa).
C. Invoices shall be presented at time of delivery of parts and/or completed repair or
within three (3) business days to the individual who placed the order at Fleet
Management.
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D. Invoices shall include current date, Delivery Order number, valid unit number,
contracted pricing, and contracted part number.
E. Credit memos shall include a copy of the original invoice with it.
F. Fleet Management shall have its own account with vendor and not combined with
other ordering divisions in Fleet Management's account.
G. Contractor shall provide a monthly statement of Fleet Management's account via
email to Michelle Janes, Financial Advisor at michelle.janes&ocfl.net.
10. REQUIRED REPORTS
A. Solid Waste Division may request a quarterly summary report on all activities
associated with field/shop labor and parts cost incurred by the County. A report
may also be requested for activities on all equipment currently under the Total
Maintenance and Repair program.
11. INVOICE REQUIREMENTS FOR SOLID WASTE DIVISION
A. All invoices related to Solid Waste Division asset assigned vehicles and/or
equipment parts and repair (except for Fleet Management Division) shall be billed
to Orange County Solid Waste Division 5901 Young Pine Rd Orlando FL 32829.
B. Only contracted items may be invoiced together. Any non -contract items shall be
invoiced separately and paid for with a P-card (Visa).
C. Invoices shall be delivered to the individual who placed the order at Solid Waste
Division.
D. All Invoices/Proformas shall include the current date, Delivery Order number,
invoice number, valid unit number, equipment hours, contracted pricing, and
contracted part number.
E. Credit memos shall include a copy of the original invoice with it.
F. Solid Waste Division shall have its own account with the vendor.
G. Contractor shall provide a monthly statement of Solid Waste Division's account via
email to Michelle Driscoll-Begy, Utilities Services Coordinator at
michelle. dri scollnocfl.net.
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SECTION 4
BID SUBMISSION REQUIREMENTS AND DOCUMENTATION
IMPORTANT NOTE:
Modification or alteration of the documents contained in this solicitation or the contract resulting
from this solicitation shall only be made upon receipt of prior written consent of the County.
(See: General Terms and Conditions, Article 2, Questions Regarding this Solicitation)
Bidders are cautioned, when completing your bid, do not attach any forms which may contain
deviations from the County's scope of services/specification, terms and conditions or fee schedule
as these may conflict with those listed in the County's bid documents(s). Unauthorized
modifications or alterations and/or inclusion of additional terms and conditions such as those
which may be on your company's standard forms shall result in your bid being declared non-
responsive as these changes will be considered a counteroffer to the County's bid.
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STATEMENT OF NO -BID
The Procurement Division is committed to continuously improve its processes and our goal is to
receive maximum participation from the vendor community. If your firm chooses not to participate
in responding to this solicitation please email Melisa.Vergara(&,,ocfl.net, referencing the IFB
number, and briefly explain why the decision was made to not participate.
SUBMITTAL LABEL:
In an effort to help promote social distancing measures during the COVID-19 Public Health
Emergency, electronic submissions will be accepted by the County.
Firms are strongly encouraged to submit responses electronically. Firms will not be permitted to
fax or email offers. To maintain a secured sealed process electronic submissions may be made
through the Negometrix platform only at: https:Hgpp.negometrix.com/bLjyer/691
If submitting via mail or hard copy, use the hard -copy label below and place on front of their
outermost sealed envelope/package.
DO NOT OPEN - SEALED RESPONSES - DO NOT OPEN
RESERVED FOR PUBLIC BID OPENING
Company:
Contact Name:
Contact Phone/ Email:
Address:
CONTACT: MELISA VERGARA
IFB NUMBER: Y 21-16 8 - M V
TITLE: HEAVY EQUIPMENT PARTS AND LABOR
BID DUE DATE:
DELIVER TO:
ORANGE COUNTY PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 E. SOUTH STREET, 2ND FLOOR
ORLANDO, FL 32801.
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QUALIFICATION OF BIDDERS
BID PACKAGE REQUIREMENTS:
- In an effort to help promote social distancing measures during the COVID-19 Public Health
Emergency, electronic submissions will be accepted by the County.
- Firms are strongly encouraged to submit responses electronically. Firms will not be
permitted to fax or email offers. To maintain a secured sealed process electronic
submissions may be made through the Negometrix platform only at:
https:Hqpp.neizometrix.com/bLjyer/691
- If submitting via mail or hand delivery, Bidders must submit one (1) original, two (2)
copies and one (1) electronic copy on USB drive. Electronic copy shall be in Microsoft
Word or Adobe — the most recent software version.
- All responses and copies are to be submitted on 8 1/ x 11 inch paper, bound individually
and tabbed as applicable.
- If your response contains any information deemed confidential, in accordance with Chapter
119 of the Florida Statutes, provide an additional USB drive with a redacted version of
your response labeled REDACTED. Electronic copy shall be in Microsoft Word or Adobe
— the most recent software version.
This bid will be awarded to a responsible, responsive bidder, qualified by experience to provide
the work specified. Failure to submit the below requested information maybe cause for rejection
of your bid.
The determination on whether a bidder is responsible or not shall be at the sole discretion of the
County. Although the County may request the submission of a minimum number of contracts
similar to the requirements of this solicitation with certain minimum dimensions, quantities, dollar
values, etc., the County's determination of a bidder's responsibility shall not be solely based on
the number of similar procurements the bidder provides but the entirety of the bidder's
qualifications.
The Bidder shall submit the following information with the bid. It is recommended to use the list
below as a checklist for your bid submittal:
[ ] 1. Reference Documentation Form
(Required)
Bidder shall complete the attached Reference Documentation Form. References
shall be for work substantially similar in scope and magnitude satisfactorily
completed and shall validate the following capabilities and experience in the scope.
[ ] 2. Letter from the manufacturer on their letterhead confirming the bidder is an
authorized dealer, distributor and/or representative of the manufacturer for the
brand being bid.
(Required)
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[ ] 3. Bidder shall provide a written statement on its letterhead affirming the firm has
adequate experience, staff, resources, facilities and equipment, required to
successfully perform the work in accordance scope of services herein.
(Required)
[ ] 4. Copies of licenses
(Required)
[ ] 5. Bid Response Form
(Required)
[ ] 6. Acknowledgement of Addenda
(Required if Applicable)
[ ] 7. Authorized Signatories/Negotiators
(Required)
[ ] 8. Drug -Free Workplace
(Required)
[ ] 9. Schedule of Sub -contracting
(Required if Applicable)
[ ] 10. Conflict/Non-Conflict of Interest Form
(Required)
[ ] 11. E-Verification Certification
(Required)
[ ] 12. Current W9
(Required)
[ ] 13. Relationship Disclosure Form
(Required to be Submitted and Notarized)
[ ] 14. Orange County Specific Project Expenditure Report.
(Required to be Submitted and Notarized)
[ ] 15. Agent Authorization Form
(Submit if Applicable)
[ ] 16. Leased Employee Affidavit
(Submit if Applicable)
[ ] 17. Information for determining Joint Venture Eligibility (if Applicable)
(Submit if Applicable)
[ ] 18. Contract Y21-168-MV, Counterpart (1), signed without exception to terms and
conditions. Counteroffers shall not be allowed.
(Required)
Failure to submit the above requested information may be cause for rejection of your bid.
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BID RESPONSE FORM
IFB #Y21-168-MV
The Contractor shall provide all labor and other resources necessary to provide the goods and/or equipment in strict accordance with the
specifications defined in this solicitation for the amounts specified in this Bid Response Form, inclusive of overhead, profit and any other costs.
EXAMPLE FOR LINE ITEM 1: ESTIMATED ANNUAL USAGE $100,000 -10% PERCENTAGE DISCOUNT FOR PARTS =
DISCOUNTED DOLLAR AMOUNT ($10,000) = TOTAL ESTIMATED ANNUAL BID $90,000.
LOT 1
ESTIMATED
PERCENTAGE DISCOUNTED
TOTAL
ITEM
ANNUAL
DISCOUNT FOR DOLLAR
ESTIMATED
NO.
MANUFACTURER
USAGE
UNIT
X
PARTS AMOUNT
= ANNUAL BID
1.
BOBCAT
$150,000
Dollars
X
% _ $
_ $
SERVICES
UNIT PRICE
2.
Shop Labor
150
hours
X
$ /hour
= $
3.
Field Labor
15
hours
X
$ /hour
= $
4.
Trip Charge
15
each
X
$ /each
= $
TOTAL ESTIMATED BID (LINES 1-4) — LOT 1
= $
TOTAL ESTIMATED THREE-YEAR BID — LOT 1 = $
Company Name
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LOT 2
ESTIMATED
ITEM ANNUAL
NO. MANUFACTURER USAGE
1. CUMMINS $500,000
CUMMINS
ENGINE
SERVICES
Standard Hours Shop
2. Labor 150
Standard Hours Field
3. Labor 150
4. Trip Charge 15
CUMMINS POWER GENERATION SERVICES
5. Standard Hours Shop
Labor 250
6. Non -Standard Hours
Shop Labor 100
7. Non -Standard Hours
Field Labor 400
8. Non -Standard Hours
Field Labor 150
9. Trip Charge 100
Page 42
PERCENTAGE DISCOUNTED
DISCOUNT FOR DOLLAR
UNIT X PARTS = AMOUNT
Dollars X % = $
TOTAL
ESTIMATED
= ANNUAL BID
_
UNIT PRICE
hours
X
$
/hour =
hours
X
$
/hour =
each
X
$
/each =
UNIT PRICE
hours
X
$
/hour =
hours
X
$
/hour =
hours
X
$
/hour =
hours
X
$
/hour =
each
X
$
/each =
TOTAL ESTIMATED BID (LINES 1-9) — LOT 2 =
X
TOTAL ESTIMATED THREE-YEAR BID — LOT 2 =
Company Name
m
THREE (3)
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
LOT 3
ESTIMATED
PERCENTAGE DISCOUNTED
TOTAL
ITEM
ANNUAL
DISCOUNT FOR DOLLAR
ESTIMATED
NO.
MANUFACTURER
USAGE
UNIT
X PARTS = AMOUNT
=
ANNUAL BID
1.
GODWIN PUMPS
$210,000
Dollars
X % _ $
_ $
SERVICES
UNIT PRICE
2.
Shop Labor
165
hours
X $ /hour
= $
3.
Field Labor
700
hours
X $ /hour
= $
4.
Trip Charge
450
each
X $ /each
= $
TOTAL ESTIMATED BID (LINES 1-4) — LOT 3
= $
X
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 3
= $
LOT 4
ESTIMATED
PERCENTAGE DISCOUNTED
TOTAL
ITEM
ANNUAL
DISCOUNT FOR DOLLAR
ESTIMATED
NO.
MANUFACTURER
USAGE
UNIT
X PARTS = AMOUNT
=
ANNUAL BID
JOHN DEERE
I.
AGRICULTURAL
$50,000
Dollars
X % _ $
_ $
SERVICES
UNIT PRICE
2.
Shop Labor
100
hours
X $ /hour
= $
3.
Field Labor
25
hours
X $ /hour
= $
4.
Trip Charge
20
each
X $ /each
= $
TOTAL ESTIMATED BID (LINES 1-4) — LOT 4
= $
X
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 4
= $
Company Name
Page 43
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
LOT 5
ESTIMATED
PERCENTAGE DISCOUNTED
TOTAL
ITEM
ANNUAL
DISCOUNT FOR DOLLAR
ESTIMATED
NO.
MANUFACTURER
USAGE
UNIT
X PARTS = AMOUNT
=
ANNUAL BID
1.
KAWASAKI MULE
$75,000
Dollars
X % _ $
_ $
SERVICES
UNIT PRICE
2.
Shop Labor
100
hours
X $ /hour
= $
TOTAL ESTIMATED BID (LINES 1-2) — LOT 5
= $
X
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 5
= $
LOT 6
ESTIMATED
PERCENTAGE DISCOUNTED
TOTAL
ITEM
ANNUAL
DISCOUNT FOR DOLLAR
ESTIMATED
NO.
MANUFACTURER
USAGE
UNIT
X PARTS = AMOUNT
=
ANNUAL BID
1.
KOMATSU
$70,000
Dollars
X % _ $
_ $
SERVICES
UNIT PRICE
2.
Shop Labor
160
hours
X $ /hour
= $
3.
Field Labor
110
hours
X $ /hour
= $
4.
Trip Charge
30
each
X $ /each
= $
TOTAL ESTIMATED BID (LINES 1-4) — LOT 6
= $
X
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 6
= $
Company Name
Page 44
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
LOT 7
ESTIMATED
PERCENTAGE DISCOUNTED
TOTAL
ITEM
ANNUAL
DISCOUNT FOR DOLLAR
ESTIMATED
NO.
MANUFACTURER
USAGE
UNIT
X PARTS = AMOUNT
=
ANNUAL BID
1.
KUBOTA
$275,000
Dollars
X % _ $
_ $
SERVICES
UNIT PRICE
2.
Shop Labor
275
hours
X $ /hour
= $
TOTAL ESTIMATED BID (LINES 1-2) — LOT 7
= $
X
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 7
= $
LOT 8
ESTIMATED
PERCENTAGE DISCOUNTED
TOTAL
ITEM
ANNUAL
DISCOUNT FOR DOLLAR
ESTIMATED
NO.
MANUFACTURER
USAGE
UNIT
X PARTS = AMOUNT
=
ANNUAL BID
MASSEY
1.
FERGUSON
$100,000
Dollars
X % _ $
_ $
SERVICES
UNIT PRICE
2.
Shop Labor
100
hours
X $ /hour
= $
3.
Field Labor
100
hours
X $ /hour
= $
4.
Trip Charge
20
each
X $ /each
= $
TOTAL ESTIMATED BID (LINES 1-4) — LOT 8
= $
X
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 8
= $
Company Name
Page 45
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
LOT 9 TO BE ADDED TO THE TOTAL ESTIMATED BID
Estimated Annual Shop Supplies
ESTIMATED
ANNUAL
DOLLAR
AMOUNT =
$70,000 =
TOTAL ESTIMATED BID — LOT 9 =
X
TOTAL ESTIMATED THREE-YEAR BID — LOT 9 =
LOT 10 TO BE ADDED TO THE TOTAL ESTIMATED BID
Freight/Shipping Charges (as a pass through with prior
approval)
Page 46
ESTIMATED
TOTAL
ESTIMATED
ANNUAL BID
$70,000
$70,000
THREE (3)
$210,000
ANNUAL
TOTAL
DOLLAR
ESTIMATED
AMOUNT =
ANNUAL BID
$55,000 =
$55,000
TOTAL ESTIMATED BID — LOT 10 =
$55,000
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 10 = $165,000
Company Name
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
LOT 11 TO BE ADDED TO THE TOTAL ESTIMATED BID
Environmental Fees
Page 47
ESTIMATED
ANNUAL
DOLLAR
AMOUNT
$70,000
TOTAL ESTIMATED BID — LOT 11
TOTAL ESTIMATED THREE-YEAR BID — LOT 11
TOTAL ESTIMATED THREE-YEAR BID — LOTS 1 THROGH 11
Company Name
TOTAL
ESTIMATED
ANNUAL BID
$70,000
$70,000
X THREE (3)
$210,000
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
Parts/Service Availability. (�):
Parts hours
Nearest Parts/Service Location:
calendar days , Service hours calendar days
List contact person/telephone number for service facility:
IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those
listed in the County's bid documents(s). Inclusion of additional terms and conditions such as those which may be on your company's standard
forms shall result in your bid being declared non -responsive as these changes will be considered a counteroffer to the County's bid.
Delivery shall be not later than three (3) calendar days After Receipt of Order (ARO), for replenishment of stock items,
per Special Terms and Conditions 7A.
Delivery shall be no later than one (1) calendar day After Receipt of Order (ARO), for emergency items, per Special
Terms and Conditions 7B.
Inquiries regarding this Invitation for Bids may be directed to Melisa Vergara, Contracting Agent, at Melisa.Vergara&ocfl.net
Page 48
DocuSign Envelope ID: A320A4EC-C12D-4CEA-926B-91CB4C5A6181
BID RESPONSE FORM - CONTINUED
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name:
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TIN#:
D-U-N-S® #
(Street No. or P.O. Box Number) (Street Name) (City)
(County) (State)
Contact Person:
Phone Number:
Email Address:
Emergency Contact Person:
Telephone Number:
Residence Telephone Number:
Fax Number:
EMERGENCY CONTACT
Cell Phone Number:
ACKNOWLEDGEMENT OF ADDENDA
Email:
(Zip Code)
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the
blocks below or by completion of the applicable information on the addendum and returning it not
later than the date and time for receipt of the bid. Failure to acknowledge an addendum that has a
material impact on this solicitation may negatively impact the responsiveness of your bid. Material
impacts include but are not limited to changes to specifications, scope of work/services, delivery
time, performance period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No. , Date
Addendum No. , Date
Addendum No. , Date
Addendum No. , Date
Page 49
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids, negotiate and/or
sign contracts and related documents to which the bidder will be duly bound. Principal is defined
as an employee, officer or other technical or professional in a position capable of substantiallX
influencing the development or outcome of an activity required to perform the covered transaction.
Name Title Telephone Number/Email
(Signature)
(Title)
(Name of Business)
(Date)
The Bidder shall complete and submit the following information with the bid:
Type of Organization
Sole Proprietorship Partnership Non -Profit
Joint Venture* Corporation
State of Incorporation:
Principal Place of Business (Florida Statute Chapter 607):
City/County/State
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE
FLORIDA DIVISION OF CORPORATIONS.
Federal I.D. number is:
* Joint venture firms must complete and submit with their Bid Response the form titled `Information for
Determining Joint Venture Eligibility", and a copy of the formal agreement between all joint venture
parties. This joint venture agreement must indicate the parties' respective roles, responsibilities and levels
of participation for the project. If proposing as a Joint Venture, the Joint Venture shall obtain and
maintain all contractually required insurance in the name of the Joint Venture as required by the
Contract. Individual insurance in the name of the parties to the Joint venture will not be
accepted. Failure to timely submit the required form along with an attached written copy of the joint venture
agreement may result in disqualification of your Bid Response
Page 50
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
REFERENCE DOCUMENTATION FORM
List at least three (3) clients during the past ten (10) years for which you provided a comparable
amount of goods or services substantially similar to those specified in the solicitation in the spaces
provided below. Provide the Company name, contact person, address, email address, telephone
number, and date services were performed, as described.
1. Company Name:
Owner's Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
2. Company Name:
Owner's Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 51
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
Company Name:
Owner's Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
4. Company Name:
Owner's Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 52
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
Company Name:
Owner's Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 53
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
DRUG -FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
does:
Name of Business
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,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Florida Statute 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program 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 Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with above
requirements.
Bidder's Signature
Date
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
SCHEDULE OF SUBCONTRACTING, IFB NO. Y21-168-MV
As specified in the General Terms and Conditions and in the Special Terms and Conditions, bidders are to present the details of subcontractor
participation.
Name Of Subcontractor
Address
Type of Work to
be Performed
Percent and dollar amount of
Contract Amount to be
Subcontracted
Company Name:
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
CONFLICT/NON-CONFLICT OF INTEREST STATEMENT
CHECK ONE
[ ] To the best of our knowledge, the undersigned bidder has no potential conflict
of interest due to any other clients, contracts, or property interest for this
project.
[ ] The undersigned bidder, by attachment to this form, submits information which
may be a potential conflict of interest due to other clients, contracts, or property interest for
this project.
LITIGATION STATEMENT
CHECK ONE
[ ] The undersigned bidder has had no litigation and/or judgments entered against
it by any local, state or federal entity and has had no litigation and/or judgments entered
against such entities during the past ten (10) years.
[ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation and/or judgments entered
by or against any local, state or federal entity, by any state or federal court, during the past
ten (10) years.
COMPANY NAME
AUTHORIZED SIGNATURE
NAME (PRINT OR TYPE)
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid. Likewise,
failure to provide documentation of a possible conflict of interest, or a summary of past litigation
and/or judgments, may result in disqualification of your bid.
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
E VERIFICATION CERTIFICATION
Contract No.Y21-168-MV
NAME OF CONTRACTOR: (referred to herein as
"Contractor")
ADDRESS OF CONTRACTOR:
The undersigned does hereby certify that the above named contractor:
1. Is, or will be, registered with and using the E-Verify system prior to execution of the
contract with Orange County; or
2. Is, or will be, registered with the E-Verify system prior to execution of the contract with
Orange County, but does not have any employees and does not intend to hire any new
employees during the period of time that the contractor will be providing services under
the contract; or
3. Is, or will be, registered with the E-Verify system prior to execution of the contract with
Orange County, but employs individuals who were hired prior to the commencement of
providing labor on the contract and does not intend to hire any new employees during the
period of time that the contractor will be providing labor under the contract.
The undersigned acknowledges the use of the E-Verify system for newly hired employees is an
ongoing obligation for so long as the contractor provides labor under the contract and that the
workforce eligibility of all newly hired employees will be properly verified using the E-Verify
system.
In accordance with Section 837.06, Florida Statutes, Contractor acknowledges that whoever
knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duties shall be guilty of a misdemeanor in the second
degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
AUTHORIZED SIGNATURE:
NAME:
TITLE:
DATE:
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY BIDDER
For procurement items that will come before the Board of County Commissioners for final
approval, this form shall be completed by the Bidder and shall be submitted to the Procurement
Division by the Bidder.
In the event any information provided on this form should change, the Bidder must file an amended
form on or before the date the item is considered by the appropriate board or body.
Part I
INFORMATION ON BIDDER:
Legal Name of Bidder:
Business Address (Street/P.O. Box, City and Zip Code):
Business Phone:
Facsimile: ( )
INFORMATION ON BIDDER'S AUTHORIZED AGENT, IF APPLICABLE:
(Agent Authorization Form also required to be attached)
Name of Bidder's Authorized Agent:
Business Address (Street/P.O. Box, City and Zip Code):
Business Phone: ( )
Facsimile:
Page 1
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
Part II
IS THE BIDDER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC?
YES NO
IS THE MAYOR OR ANY MEMBER OF THE BCC THE BIDDER'S EMPLOYEE?
YES NO
IS THE BIDDER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE
OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY
MEMBER OF THE BCC?
YES NO
If you responded "YES" to any of the above questions, please state with whom and explain
the relationship.
(Use additional sheets of paper if necessary)
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DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
Part III
ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED
I hereby certify that information provided in this relationship disclosure form is true and correct
based on my knowledge and belief If any of this information changes, I further acknowledge and
agree to amend this relationship disclosure form prior to any meeting at which the above -
referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I
understand and acknowledge that whoever knowingly makes a false statement in writing with the
intent to mislead a public servant in the performance of his or her official duty shall be guilty of a
misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida
Statutes.
Signature of Bidder
Printed Name and Title of Person completing this form:
STATE OF FLORIDA )
ss:
COUNTY OF )
Date
The foregoing instrument was acknowledged before me by means of ❑physical presence, or ❑online
notarization, this day of ,20 by
[NAME OF PERSON], as [TYPE OF AUTHORITY,...
e.g. officer, trustee, etc.)] for [NAME OF PARTY ON BEHALF OF
WHOM INSTRUMENT WAS EXECUTED].
❑Personally Known; OR
❑Produced Identification. Type of identification produced:
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT.
§ 117.05]
Notary Public
My Commission Expires:
(Printed, typed or stamped commissioned name of Notary Public)
Page 3
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
RELATIONSHIP DISCLOSURE FORM
Updated 6-28-11
WHAT IS THE RELATIONSHIP DISCLOSURE FORM?
The Relationship Disclosure Form (form OC CE 2D and form OC CE 2P) is a form created
pursuant to the County's Local Code of Ethics, codified at Article XIII of Chapter 2 of the Orange
County Code, to ensure that all development -related items and procurement items presented to or
filed with the County include information as to the relationship, if any, between the applicant and
the County Mayor or any member of the Board of County Commissioners (BCC). The form will
be a part of the backup information for the applicant's item.
WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS?
Form OC CE 2D is used only for development -related items, and form OC CE 2P is used only for
procurement -related items. The applicant needs to complete and file the form that is applicable to
his/her case.
WHO NEEDS TO FILE THE RELATIONSHIP DISCLOSURE FORM?
Form OC CE 2D should be completed and filed by the owner of record, contract purchaser, or
authorized agent. Form OC CE 2P should be completed and filed by the bidder, offeror, quoter, or
respondent, and, if applicable, their authorized agent. In all cases, the person completing the form
must sign the form and warrant that the information provided on the form is true and correct.
WHAT INFORMATION NEEDS TO BE DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM?
The relationship disclosure form needs to disclose pertinent background information about the
applicant and the relationship, if any, between, on the one hand, the applicant and, if applicable,
any person involved with the item, and on the other hand, the Mayor or any member of the BCC.
In particular, the applicant needs to disclose whether any of the following relationships exist: (1)
the applicant is a business associate of the Mayor or any member of the BCC; (2) any person
involved with the approval of the item has a beneficial interest in the outcome of the matter and
is a business associate of the Mayor or any member of the BCC; (3) the applicant is a relative of
the Mayor or any member of the BCC; or (4) the Mayor or any member of the BCC is an employee
of the applicant. (See Section 2-454, Orange County Code.)
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Applicant means, for purposes of a development -related project, the owner, and, if applicable, the
contract purchaser or owner's authorized agent. Applicant means, for purposes of a procurement
item, the bidder, offeror, quoter, respondent, and, if applicable, the authorized agent of the bidder,
offeror, quoter, or respondent.
Business associate means any person or entity engaged in or carrying on a business enterprise with
a public officer, public employee, or candidate as a partner, joint venture, corporate shareholder
where the shares of such corporation are not listed on any
national or regional stock exchange, or co-owner of property. In addition, the term includes any
person or entity engaged in or carrying on a business enterprise, or otherwise engaging in common
investment, with a public officer, public employee, or candidate as a partner, member, shareholder,
owner, co-owner, joint venture partner, or other investor, whether directly or indirectly, whether
Page 1
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
through a Business Entity or through interlocking Parent Entities, Subsidiary Entities, or other
business or investment scheme, structure, or venture of any nature. (See Section 112.312(4),
Florida Statutes, and Section 2-452(b), Orange County Code.)
Employee means any person who receives remuneration from an employer for the performance of
any work or service while engaged in any employment under any appointment or contract for hire
or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed,
and includes, but is not limited to, aliens and minors. (See Section 440.02(15), Florida Statutes.)
Relative means an individual who is related to a public officer or employee as father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandparent, great
grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step
grandchild, step great grandchild, person who is engaged to be married to the public officer or
employee or who otherwise holds himself or herself out as or is generally known as the person
whom the public officer or employee intends to marry or with whom the public officer or employee
intends to form a household, or any other natural person having the same legal residence as the
public officer or employee. (See Section 112.312(21), Florida Statutes.)
DOES THE RELATIONSHIP DISCLOSURE FORM NEED TO BE UPDATED IF
INFORMATION CHANGES?
Yes. It remains a continuing obligation of the applicant to update this form whenever any of the
information provided on the initial form changes.
WHERE DO THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT
UPDATES NEED TO BE FILED?
For a development -related item, the Relationship Disclosure Form and any update need to be filed
with the County Department or County Division where the applicant filed the application. For a
procurement item, the Relationship Disclosure Form and any update need to be filed with the
Procurement Division.
WHEN DO THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES NEED
TO BE FILED?
In most cases, the initial form needs to be filed when the applicant files the initial development -
related project application or initial procurement -related forms. However, with respect to a
procurement item, a response to a bid will not be deemed unresponsive if this form is not included
in the initial packet submitted to the Procurement Division.
If changes are made after the initial filing, the final, cumulative Relationship Disclosure Form
needs to be filed with the appropriate County Department or County Division processing the
application not less than seven (7) days prior to the scheduled BCC agenda date so that it may be
incorporated into the BCC agenda packet. When the
matter is a discussion agenda item or is the subject of a public hearing, and an update has not been
made at least 7 days prior to BCC meeting date or is not included in the BCC agenda packet, the
applicant is obligated to verbally present such update to the BCC when the agenda item is heard
or the public hearing is held. When the matter is a consent agenda item and an update has not been
made at least 7 days prior to the BCC meeting or the update is not included in the BCC agenda
packet, the item will be pulled from the consent agenda to be considered at a future meeting.
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WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM AND ANY UPDATES?
The information disclosed on this form and any updates will be a public record as defined by
Chapter 119, Florida Statutes, and may therefore be inspected by any interested person. Also, the
information will be made available to the Mayor and the BCC members. This form and any updates
will accompany the information for the applicant's project or item.
However, for development -related items, if an applicant discloses the existence of one or more of
the relationships described above and the matter would normally receive final consideration by the
Concurrency Review Committee or the Development Review Committee, the matter will be
directed to the BCC for final consideration and action following committee review.
CONCLUSION:
We hope you find this FAQ useful to your understanding of the Relationship Disclosure Form.
Please be informed that if the event of a conflict or inconsistency between this FAQ and the
requirements of the applicable ordinance or law governing relationship disclosures, the ordinance
or law controls.
Also, please be informed that the County Attorney's Office is not permitted to render legal advice
to an applicant or any other outside party. Accordingly, if the applicant or an outside party has
any questions after reading this FAQ, he/she is encouraged to contact his/her own legal counsel.
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ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
This lobbying expenditure form shall be completed in full and filed with all application submittals. This
form shall remain cumulative and shall be filed with the department processing your application. Forms
signed by a principal's authorized agent shall include an executed Agent Authorization Form.
This is the initial Form:
This is a Subsequent Form:
Part I
Please complete all of the following:
Name and Address of Principal (legal name of entity or owner per Orange County tax rolls):
Name and Address of Principal's Authorized Agent, if applicable:
List the name and address of all lobbyists, Contractors, contractors, subcontractors, individuals
or business entities who will assist with obtaining approval for this project. (Additional forms
may be used as necessary.)
Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
2. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
3. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
4. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No
5. Name and address of individual or business entity:
Are they registered Lobbyist? Yes or No
6. Name and address of individual or business entity:
Are they registered Lobbyist? Yes or No
7. Name and address of individual or business entity:
Are they registered Lobbyist? Yes or No
8. Name and address of individual or business entity:
Are they registered Lobbyist? Yes or No
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Part II
Expenditures:
For this report, an "expenditure" means money or anything of value given by the principal and/or his/her
lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code. This may include
public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of
print and distribution of publications. However, the term "expenditure" does not include:
*Contributions or expenditures reported pursuant to chapter 106, Florida Statutes;
•Federal election law, campaign -related personal services provided without compensation by
individuals volunteering their time;
*Any other contribution or expenditure made by or to a political party;
*Any other contribution or expenditure made by an organization that is exempt from taxation under
26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and/or
*Professional fees paid to registered lobbyists associated with the project or item.
The following is a complete list of all lobbying expenditures and activities (including those of lobbyists,
contractors, Contractors, etc.) incurred by the principal or his/her authorized agent and expended in
connection with the above -referenced project or issue. You need not include de minimus costs (under
$50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or
other documents related to this project.
Date of
Expenditure
Name of Party
Incurring
Expenditure
Description of Activity
Amount Paid
TOTAL EXPENDED THIS
REPORT
$
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Part III
Original signature and notarization required
I hereby certify that information provided in this specific project expenditure report is true and correct
based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section
2-354, of the Orange County code, to amend this specific project expenditure report for any additional
expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner
meeting. I further acknowledge and agree that failure to comply with these requirements to file the
specific expenditure report and all associated amendments may result in the delay of approval by the
Board of County Commissioners for my project or item, any associated costs for which I shall be held
responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever
knowingly makes a false statement in writing with the intent to mislead a public servant in the
performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida Statutes.
Date Signature of o Principal or o Principal's Authorized Agent
(check appropriate box)
Printed Name and Title of Person completing this form:
STATE OF FLORIDA )
) ss:
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑physical presence, or ❑online
notarization, this day of
[NAME OF PERSON], as
officer, trustee, etc.)] for
WHOM INSTRUMENT WAS EXECUTED].
❑Personally Known; OR
20_, by
[TYPE OF AUTHORITY,... e.g.
AME OF PARTY ON BEHALF OF
❑Produced Identification. Type of identification produced:
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT.
§ 117.05]
Notary Public
My Commission Expires:
(Printed, typed or stamped commissioned name of Notary Public)
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FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
SPECIFIC PROJECT EXPENDITURE REPORT
Updated 3-1-11
WHAT IS A SPECIFIC PROJECT EXPENDITURE REPORT (SPR)?
A Specific Project Expenditure Report (SPR) is a report required under Section 2-354(b) of the
Orange County Lobbying Ordinance, codified at Article X of Chapter 2 of the Orange County
Code, reflecting all lobbying expenditures incurred by a principal and their authorized agent(s)
and the principal's lobbyist(s), contractor(s), subcontractor(s), and Contractor(s), if applicable, for
certain projects or issues that will ultimately be decided by the Board of County Commissioners
(BCC).
Matters specifically exempt from the SPR requirement are ministerial items, resolutions,
agreements in settlement of litigation matters in which the County is a party, ordinances initiated
by County staff, and some procurement items, as more fully described in 2.20 of the Administrative
Regulations.
Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying need not be
disclosed on this form. (See Section 2-354(b), Orange County Code.)
WHO NEEDS TO FILE THE SPR?
The principal or his/her authorized agent needs to complete and sign the SPR and warrant that the
information provided on the SPR is true and correct.
A principal that is a governmental entity does not need to file an SPR.
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Expenditure means "a payment, distribution, loan, advance, reimbursement, deposit, or anything
of value made by a lobbyist or principal for the purpose of lobbying. This may include public
relations expenditures (including but not limited to petitions, flyers, purchase of media time, cost
of print and distribution of publications) but does not include contributions or expenditures
reported pursuant to Chapter 106, Florida Statutes, or federal election law, campaign -related
personal services provided without compensation by individuals volunteering their time, any other
contribution or expenditure made by or to a political party, or any other contribution or expenditure
made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4)." (See
Section 112.3215, Florida Statutes.) Professional fees paid by the principal to his/her lobbyist for
the purpose of lobbying are not deemed to be "expenditures." (See Section 2-354, Orange County
Code.)
Lobbying means seeking "to encourage the approval, disapproval, adoption, repeal, rescission,
passage, defeat or modification of any ordinance, resolution, agreement, development permit,
other type of permit, franchise, vendor, Contractor, contractor, recommendation, decision or other
foreseeable action of the [BCC]," and "include[s] all communications, regardless of whether
initiated by the lobbyist or by the person being lobbied, and regardless of whether oral, written or
electronic." (See Section 2-351, Orange County Code.) Furthermore, lobbying means
communicating "directly with the County Mayor, with any other member of the [BCC], or with
any member of a procurement committee." (See Section 2-351, Orange County Code.) Lobbying
also
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means communicating "indirectly with the County Mayor or any other member of the [BCC]" by
communicating with any staff member of the Mayor or any member of the BCC, the county
administrator, any deputy or assistant county administrator, the county attorney, any county
department director, or any county division manager. (See Section 2-351, Orange County Code.)
Lobbying does not include the act of appearing before a Sunshine Committee, such as the
Development Review Committee or the Roadway Agreement Committee other than the BCC.
Principal means "the person, partnership, joint venture, trust, association, corporation,
governmental entity or other entity which has contracted for, employed, retained, or otherwise
engaged the services of a lobbyist." Principal may also include a person, partnership, joint
venture, trust, association, corporation, limited liability corporation, or other entity where it or its
employees do not qualify as a lobbyist under the definition set forth in Section 2-351 of the Orange
County Code but do perform lobbying activities on behalf of a business in which it has a personal
interest.
DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES?
Yes. It remains a continuing obligation of the principal or his/her authorized agent to update the
SPR whenever any of the information provided on the initial form changes.
WHERE DO THE SPR AND ANY UPDATES NEED TO BE FILED?
The SPR needs to be filed with the County Department or County Division processing the
application or matter. If and when an additional expenditure is incurred subsequent to the initial
filing of the SPR, an amended SPR needs to be filed with the County Department or County
Division where the original application, including the initial SPR, was filed.
WHEN DO THE SPR AND ANY UPDATES NEED TO BE FILED?
In most cases, the initial SPR needs to be filed with the other application forms. The SPR and any
update must be filed with the appropriate County Department or County Division not less than
seven (7) days prior to the BCC hearing date so that they may be incorporated into the BCC agenda
packet. (See Section 2-354(b), Orange County Code.) When the matter is a discussion agenda
item or is the subject of a public hearing, and any additional expenditure occurs less than 7 days
prior to BCC meeting date or updated information is not included in the BCC agenda packet, the
principal or his/her authorized agent is obligated to verbally present the updated information to the
BCC when the agenda item is heard or the public hearing is held. When the matter is a consent
agenda item and an update has not been made at least 7 days prior to the BCC meeting or the
update is not included in the BCC agenda packet, the item will be pulled from the consent agenda
to be considered at a future meeting.
WHO WILL BE MADE AWARE OF THE INFORMATION DISCLOSED ON THE SPR
AND ANY UPDATES?
The information disclosed on the SPR and any updates will be a public record as defined by
Chapter 119, Florida Statutes, and therefore may be inspected by any interested person. Also, the
information will be made available to the Mayor and the BCC members. This information will
accompany the other information for the principal's project or item.
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CONCLUSION:
We hope you find this FAQ useful to your understanding of the SPR. Please be informed that in
the event of a conflict or inconsistency between this FAQ and the requirements of the applicable
ordinance governing specific project expenditure reports, the ordinance controls.
Also, please be informed that the County Attorney's Office is not permitted to render legal advice
to a principal, his/her authorized agent, or any other outside party. Accordingly, if after reading
this FAQ the principal, his/her authorized agent or an outside party has any questions, he/she is
encouraged to contact his/her own legal counsel.
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AGENT AUTHORIZATION FORM
I/We, (Print Bidder name) , Do hereby
authorize (print agent's name), , to act as my/our
agent to execute any petitions or other documents necessary to affect the CONTRACT approval
PROCESS more specifically described as follows, (IFB NUMBER AND
TITLE) , and to appear on my/our behalf before any
administrative or legislative body in the county considering this CONTRACT and to act in all
respects as our agent in matters pertaining TO THIS CONTRACT.
Signature of Bidder
STATE OF FLORIDA )
) ss:
COUNTY OF
Date
The foregoing instrument was acknowledged before me by means of ❑physical presence, or ❑online
notarization, this day of , 20_, by
[NAME OF PERSON], as
[TYPE OF AUTHORITY,... e.g. officer, trustee, etc.)]
for [NAME OF PARTY ON BEHALF OF WHOM
INSTRUMENT WAS EXECUTED].
❑Personally Known; OR
❑Produced Identification. Type of identification produced:
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT.
§117.05]
Notary Public
My Commission Expires:
(Printed, typed or stamped commissioned name of Notary Public)
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
LEASED EMPLOYEE AFFIDAVIT
I affirm that an employee leasing company provides my workers' compensation coverage. I
further understand that my contract with the employee leasing company limits my workers'
compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover
un-enrolled worksite employees, independent contractors, uninsured sub -contractors or casual labor
exposure.
I hereby certify that 100% of my workers are covered as worksite employees with the
employee leasing company. I certify that I do not hire any casual or uninsured labor outside the
employee leasing arrangement. I agree to notify the County in the event that I have any workers not
covered by the employee leasing workers' compensation policy. In the event that I have any workers
not subject to the employee leasing arrangement, I agree to obtain a separate workers' compensation
policy to cover these workers. I further agree to provide the County with a certificate of insurance
providing proof of workers' compensation coverage prior to these workers entering any County
j obsite.
I further agree to notify the County if my employee leasing arrangement terminates with the
employee leasing company and I understand that I am required to furnish proof of replacement
workers' compensation coverage prior to the termination of the employee leasing arrangement.
I certify that I have workers' compensation coverage for all of my workers through the employee
leasing arrangement specified below:
Name of Employee Leasing Company:
Workers' Compensation Carrier:
A.M. Best Rating of Carrier:
Inception Date of Leasing Arrangement:
I further agree to notify the County in the event that I switch employee -leasing companies. I
recognize that I have an obligation to supply an updated workers' compensation certificate to the
County that documents the change of carrier.
Name of Contractor:
Signature of Owner/Officer:
Title: Date:
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the bidder is submitting as a joint venture, please be advised that this form MUST be completed
and the REQUESTED written joint -venture agreement MUST be attached and submitted with
this form.
HOWEVER, IF THE BIDDER IS NOT A JOINT VENTURE, CHECK THE FOLLOWING
BLOCK: ( ) NOT APPLICABLE
Name of joint venture:
2. Address of joint venture:
3. Phone number of joint venture:
4. Identify the firms which comprise the joint venture:
5. Describe the role of the MWBE / Labor Surplus Area(LSA) Firm (if applicable) in the joint
venture:
6. Provide a copy of the joint venture's written contractual agreement.
7. What is the claimed percentage of ownership and identify any MWBE/LSA partners (if
applicable)?
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY — PAGE 2
8. Ownership of joint venture: (This need not be filled in if described in the joint venture
agreement provided by question 6.)
(a) Profit and loss sharing:
(b) Capital contributions, including equipment:
(c) Other applicable ownership interests:
9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those
individuals (and their titles) who are responsible for day-to-day management and policy
decision making, including, but not limited to, those with prime responsibility for:
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY — PAGE 3
(4) Purchasing of major items or supplies:
(c) Supervision of field operations:
NOTE: If, after filing this form and before the completion of the joint venture's work on the
subject contract, there is any significant change in the information submitted, the joint
venture must inform the County in writing.
* Joint venture must be properly registered with the Florida Division of Corporations
before the contract award and the name of the Joint Venture must be the same
name used in the Bid Response.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all material
information necessary to identify and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking. Further, the undersigned covenant
and agree to provide to the County current, complete and accurate information regarding actual
joint venture work and the payment therefore and any proposed changes in any of the joint venture.
Also, permit authorized representatives of the County to audit and examine records of the joint
venture. Any material misrepresentation will be grounds for terminating any contract which may
be awarded and for initiating action under Federal or State laws concerning false statements."
Name of Firm:
Signature:
Name:
Title:
Date:
Name of Firm:
Signature:
Name:
Title:
Date:
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY — PAGE 4
Date
State of
County of
AFFIDAVIT
STATE OF FLORIDA
ss:
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑physical presence, or ❑
online notarization, this
etc.)] for
INSTRUMENT WAS EXECUTED].
❑Personally Known; OR
day of 20_, by
[NAME OF PERSON], as
_ [TYPE OF AUTHORITY,... e.g. officer, trustee,
(NAME OF PARTY ON BEHALF OF WHOM
❑Produced Identification. Type of identification produced:
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA.
STAT. § 117.05]
Notary Public
My Commission Expires:
(Printed, typed or stamped commissioned name of Notary Public)
DocuSign Envelope ID: A320A4EC-C12D-4CEA-926B-91CB4C5A6181
FAWAL",
ORANGE COUNTY, FLORIDA Procurement Division
vw �
CONTRACT NO. Y21-168-MV
HEAVY EQUIPMENT PARTS AND LABOR
This contract is not valid unless bilaterally executed. Subject to mutual agreement Orange County, Florida,
hereby enters into a contract subject to the following:
1. Ordering against Contract:
A. Unless otherwise specified in the Invitation for Bids, the County will place orders by issuance
of a numbered Delivery Order against this contract. Each Delivery Order will specify the
quantity, description and location for deliver.
B. The obligations of Orange County under this contract are subject to need and availability of
funds lawfully appropriated for its purpose by the Board of County Commissioners or other
funding source as specified in the terms and conditions.
2. Taxes:
The County has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal
Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 85-8012622266C-0.
3. Invoicing:
A. Invoices must be submitted, in duplicate, referencing this contract number and the Delivery
Order to:
Orange County Fleet Management Division
4400 S. Vineland Road
Orlando, FL 32811
Phone 407-836-8210
Orange County Solid Waste Division
5901 Young Pine Road
Orlando, FL 32829
Phone 407-836-6696
B. Invoices against this contract are authorized only at the prices stated in your bid response, unless
otherwise provided in the Invitation for Bids.
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4. Counterpart (1):
Bidder's Irrevocable Offer and Acceptance
A. The Bidder hereby submits an irrevocable offer in response to Invitation for Bids No. Y21-168-
MV, HEAVY EQUIPMENT PARTS AND LABOR - Term Contract, subject to all general
terms and conditions and special terms and conditions therein without exception.
B. All requirements contained in any addenda to the solicitation for this procurement are part of
and hereby incorporated into this contract.
C. Debarment, Suspension, Ineligibility and Voluntary Exclusion
By executing Counterpart (1) the Bidder affirms that it is in compliance with the requirements
of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(COMPANY NAME)
BY: (Authorized Si ng atory
DATE:
NOTICES:
ame
(Title)
(Address)
(Address)
(City, State Zip)
(Phone)
(Email)
5. Counterparts. This Agreement may be executed in two identical counterparts, all of which shall be
considered one and the same agreement and shall become effective when both counterparts have been
signed by each party and delivered to the other party.
Counterpart (1) shall be executed by the bidder and included in the sealed bid response.
Counterpart (2) may be executed by the County Procurement Division to formalize Acceptance of Bidders
Offer and Contract Award.
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6. Counterpart (2):
Orange County's Acceptance of Bidder's Offer and Contract Award
A. The County's acceptance of the Bidder's offer in response to our Invitation for
Bids No. Y21-168-MV, HEAVY EQUIPMENT PARTS AND LABOR -
Term Contract.
B. This contract is effective EFFECTIVE DATE, and shall remain in effect
through EXPIRATION DATE.
C. The estimated contract award for the initial term of the contract is
R
D. This is a term contract for the time period specified in the referenced Invitation
for Bids, for the products/services covered by this contract. The County is not
obligated to purchase any minimum amount of products or services, unless
otherwise stipulated in the Invitation for Bids. The bidder is granted authorization
to proceed to perform services upon receipt of duly executed Delivery Order.
E. This contract may be renewed as provided in the Invitation for Bids.
F. Any amendments modifying the terms, conditions or scope of this contract must
be in writing and signed by both parties. Such amendment(s) must be signed by
the representative of the Orange County Procurement Division to be valid,
binding, and enforceable.
G. This contract may be cancelled or terminated as provided for in the Invitation for
Bids.
ORANGE COUNTY, FLORIDA
Zulay Millan, CPPO, CPPB, FCCM
Procurement Division
DATE:
NOTICES: PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 EAST SOUTH STREET, 2ND FLOOR
ORLANDO, FLORIDA 32801
(407) 836- 5635
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r,xiuoiL 13 -AS part or tniS pia, Orange County is being offered our Repair pricing structure. All of our pricing
structures are a range of discounts depending on the specific part number. Repair pricing is 4 - 6.5%
LOT 2 off of list price, so we are using 4% in the calculation below as we know this is the minimum discount
for all parts in the Repair pricing structure.
ESTIMATED PERCENTAGE DISCOUNTED TOTAL
ITEM ANNUAL DISCOUNT FOR DOLLAR ESTIMATED
NO. MANUFACTURER USAGE UNIT X PARTS = AMOUNT = ANNUAL BID
1. CUMMINS $500,000 Dollars X 4* % = $ 480,000 = $ 480,000
CUMMINS
ENGINE
SERVICES
Standard Hours Shop
2.
Labor
150
Standard Hours Field
3.
Labor
150
4.
Trip Charge
15
CUMMINS POWER GENERATION SERVICES
5.
Standard Hours Shop
Labor
250
6.
Non -Standard Hours
Shop Labor
100
7.
Non -Standard Hours
Field Labor
400
8.
Non -Standard Hours
Field Labor
150
9.
Trip Charge
100
Page 42
UNIT PRICE
hours X $ 138 /hour
hours X $ 172.20 /hour
each X $ 50 /each
hours X $
hours X $
hours X $
UNIT PRICE
138 /hour
207 /hour =
258 /hour =
hours X $ 258 /hour =
each X $ 50 /each =
TOTAL ESTIMATED BID (LINES 1-9) — LOT 2 =
X
TOTAL ESTIMATED THREE-YEAR BID — LOT 2 =
Cummins Inc (dba Cummins Sales and Service)
Company Name
$ 20,700
$ 25,830
$ 750
$ 34,500
$ 20,700
$ 103,200
$ 38,700
$ 5,000
$ 729,380
THREE (3)
7 1 RR 1 An
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LOT 9 TO BE ADDED TO THE TOTAL ESTIMATED BID
Estimated Annual Shop Supplies
ESTIMATED
ANNUAL
DOLLAR
AMOUNT =
$70,000 =
TOTAL ESTIMATED BID — LOT 9 =
X
TOTAL ESTIMATED THREE-YEAR BID — LOT 9 =
LOT 10 TO BE ADDED TO THE TOTAL ESTIMATED BID
Freight/Shipping Charges (as a pass through with prior
approval)
Page 46
ESTIMATED
TOTAL
ESTIMATED
ANNUAL BID
$70,000
$70,000
THREE (3)
$210,000
ANNUAL
TOTAL
DOLLAR
ESTIMATED
AMOUNT =
ANNUAL BID
$55,000 =
$55,000
TOTAL ESTIMATED BID — LOT 10 =
$55,000
THREE (3)
TOTAL ESTIMATED THREE-YEAR BID — LOT 10 = $165,000
Cummins Inc (dba Cummins Sales and Service)
Company Name
DocuSign Envelope ID: A320MEC-Cl2D-4CEA-926B-91CB4C5A6181
LOT 11 TO BE ADDED TO THE TOTAL ESTIMATED BID
Environmental Fees
Page 47
ESTIMATED
ANNUAL
TOTAL
DOLLAR
ESTIMATED
AMOUNT
= ANNUAL BID
$70,000
= $70,000
TOTAL ESTIMATED BID — LOT 11 = $70,000
X THREE (3)
TOTAL ESTIMATED THREE-YEAR BID —LOT 11 = $210,000
TOTAL ESTIMATED THREE-YEAR BID —LOTS 1 THROGH 11 = $ 2,773,140
Cummins Inc (dba Cummins Sales and Service)
Company Name