The URL can be used to link to this page

2017-015 AGREEMENT FOR SUBLET VEHICLE REPAIR SERVICES THIS AGREEMENT, made and entered into thi day of i"'lQre 2017, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and RUSH TRUCK CENTER OF FLORIDA, INC., 2350 Diversified Way, Orlando, FL 32804 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Orlando through the public procurement process awarded an agreement for electric motor and pump repair, City of Orlando Number IFB 17-0047; 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 Orlando Contract Number IFB17-0047. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR;shall provide sublet vehicle repair services as described in City of Orlando Contract Number IFB 17-0047, which is attached hereto and incorporated herein as Exhibit."A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents: Provided,,however,that nothing herein shall require CITY to purchase or acquire any items or services from.CONTRACTOR: 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 II -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 III—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties,and shall remain in effect until February 28, 2019, unless terminated or renewed as provided by the City of Orlando. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to 1 CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) 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 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. Upon mutual agreement of the parties,this Agreement may be renewed for three (3) additional one(1) year terms. ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable purchase order or notice to proceed. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth in the General Conditions, CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month. CITY shall make payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for services provided and accepted by the CITY. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 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. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 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 VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the 2 CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply 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. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as 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 minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $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. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the 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 it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise 3 reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (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. ARTICLE VIII -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: Rush Truck Centers of Florida, Inc. 2350 Diversified Way Orlando, FL 32804 Contact: Wade Bosarge, Regional General Mgr. CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 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. 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. 4 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. 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. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. 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. 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. 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. 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 CONSULTANT upon termination of the contract and destroy any duplicate public records that are 5 exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided 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. ARTICLE X - AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order/Notice to Proceed 3. All documents contained in City of Orlando Contract/Bid No. IFB17-0047. IN WITN SS WHE' OF, e parties hereto have executed this Agreement on thi day of A//t _i 2017. City kermont L. _ Qail L. Ash, Mayor ►'a.H eTra"•8) Retzipr Attest •..n_ .%�' `ht '•� - �� Denise Noak,Acting City Clerk 6 RUSH TRUCK CENTERS OF FLORIDA,INC. Written consent of Sole Director In Lie of Special Meeting Pursuant to Section 141 o' the General Corporation Law of the State of Delaware,the-undersigned, beingth: sole director of Rush Truck Centers of Florida, Inc., a Delaware corporation (the "Compa y"), in lieu of a special meeting,the notice and call of which are hereby expressly wai ed, does hereby consent to the adoption of the following resolution: RESOLVED, thatlWad: Bosarge, as Regional General Manager, is hereby authorized to execu le on behalf of the Company any and all documents required in co nection with quotes, requests for bids, quotations and propoals, .nd all contracts and related documents contemplated thereby, until he,is no longer employed by the Company. Dated effective January 1, 20 4. • W. M. "Rusty" Rush BEING HE SOLE DIRECTOR Rush Truck Centers of Florida, Inc. By: . ar7,4246 (Name Printed or Typed) 410/1*-- eA/eei-At 44-#40ere_ Title Attest: Corporate Secretary (Name Printed or Typed) 7 EXHIBIT A "Mayor Chief Procurement Officer Buddy Dyer " David Billingsley,CPSM,C,P.M. • CITY OF ORLANDO ORIGINAL INVITATION FOR BIDS(IFB) DATE OF ISSUE: November 4,2016 IFB DUE DATE: November 23,2016 . IFB DUE TIME: 2:00 p.m.,Local Time,City of Orlando,FL BID DELIVERY LOCATION: City of Orlando Procurement and Contracts Division 400 South Orange Avenue,4a Floor Orlando,Florida 32801 Bid opening held at 4th Floor—Dolphin Conference Room IFB TITLE: SUBLET VEHICLE REPAIR IFB NO: IFBI7-0047 (IFB NUMBER MUST BE PLACED ON FRONT OF ENVELOPE) THIS IS NOT AN ORDER DIRECT ALL INQUIRIES TO: Lee Donate,Purchasing Agent II • Phone: (407)246-2329 Email: Lee.Donate@cityoforlando.net BUSINESS NAME&ADDRESS CONTACT INFORMATION `Iku kk Tru.eK C en{cry of Rot dot rNc. W: 11 i aM 1-4vpp cr BusinessNan Name of Contact Indi i ual 2.350' Vi�1erI; Ile' twin 23SO 'A;.►ci f+ca W4r Address Contact Address rfrLo"to FI- 313o'l Of- 44I FL 3280t' city,State,Zi Contact City, State,Zip 407 Sb t 0000 yo1 sS 0043 Telephone Number Contact Telephone Number KOpperl4®ro.aken4-crpr;se;,ar,1 hop/)Crt ' &at, a iftep"ser.rc+fti► Businbss Email Address Contact Email Address It is the intent and purpose of the City of Orlando that this Invitation for Bids promotes competitive bidding. It shall be the bidder's responsibility to advise the City's Procurement and Contracts Division at the address noted herein, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation for Bids to a single source. Such notification must be submitted in writing and must be received by the Procurement and Contracts Division not later than ten (10)days prior to the bid closing date. :Rev:Services—10/13/16 Sublet Vehicle Repair IFB17-0047 SPECIFICATIONS FOR SUBLET VEHICLE REPAIR GENERAL The City of Orlando is inviting bids from qualified automotive service providers for an annual Contract for sublet vehicle repairs as listed on the Bid Price Form. The City's fleet, relevant to this solicitation, ranges from small passenger cars to light, medium and heavy duty trucks. Other models or vehicle types may be added or deleted in the future as required, by Contract Amendment. Contract Amendments must be signed by the Contractor and the City's Chief Procurement Officer or designee before work on such added equipment can take place. II. SCOPE OF WORK A. The ' ontraator'slail,.pro ide.all labor :mafer�ial, r i�urpnient.supplies and:traxisp'ortatlon; nece$satyfbtlie per#'ormance of repairs:and.rriaintenance. B. All work assigned during the term of the Contract shall be strictly on an"as needed"basis. The Contractor shall assume no guarantees as to the amount of work allocated to the Contractor during the term of the Contract. Should multiple Contracts result from this solicitation, the City reserves the right to allocate work based on workloads and capabilities determined at the sole discretion of the City. C. Estimated quantities are based upon previous usage and estimated needs for a twelve- month period.These quantities are only given as a guideline for preparing a bid and should not be construed as representing actual quantities to be repaired and maintained. III. QUALIFICATIONS A. All repair and maintenance work shall be performed by A.S.E.Certified technicians or those with equivalent qualifications.The City reserves the right to define what is an equivalent qualification at its sole discretion. B. Bidders shall provide their Motor Vehicle Repair Registration Certificate and Occupational License (as applicable) prior to award of a Contract. Failure to provide required documentation may be cause for rejection of bids. C. The Contractor'S;Local.:Service Facility (or Prihcipal:Place of Business if the same);!:as indicated:..on the.Bidder's Questionnaire,shall;be located.within a tweilty,(20).mile radius from:the City's Fleet Management Division, 100:0 Si::8kOsttrioreland°pr.;Orlando,_Fl:: D. The Contractor's facility shall have adequate provisions for the secured storage of City vehicles at all times when in the possession of the Contractor. Adequate provisions shall include at a minimum: secured fencing of adequate height, security lighting, and alarms guards or remote monitoring. The City reserves the right to inspect storage provisions prior to award of a Contract and at any time during a Contract,and determine adequacy at the sole discretion of the City. Failure to meet these requirements may be cause for rejection of bids or cancellation of a Contract. Procurement and Contracts Division Page:7 Sublet Vehicle Repair IFB17-0047 E. It is expected that the Contractor shall give prompt and convenient service to the City to the best of their ability, barring unforeseen circumstances, failure to do so may be cause for termination of a Contract. IV. WORK ORDER ISSUANCE AND APPROVAL PROCESS A. Whenever the City deems it necessary to have repair or maintenance work performed on any City vehicle, a work order shall be created by the City for the work. The Contractor shall be notified verbally (followed up in writing within twenty-four (24) hours) or in writing of the work to be performed. In some cases, a work order may be issued via telephone,using the City's Pro Card(credit card) for payment. B. The City shall provide a complete verbal (followed up in writing within twenty-four(24) hours) or written description of the work to be performed, to the best of its ability. The • Contractor, being a vehicle repair and maintenance professional, is expected to have • knowledge of what information must be taken into consideration to produce a high quality job and request additional information from the City when necessary. • C. After receiving verbal (followed up in writing within twenty-four (24) hours) or written notification of the work to be performed, the Contractor shall have one (1) normal business day in which to inspect the vehicle,and submit a written quotation for the work to the City. This written quotation must be in accordance with this Solicitation and resulting Contract. (work orders/work may not include items not covered under the scope of the Contract) If the Contractor fails to respond in one (1) normal business day, the work may be awarded to another Contractor by the City. D. After receiving a written quotation, the City shall verify the work recommended by the Contractor and if necessary, point out any discrepancies that shall be corrected by the • Contractor. A revised written quotation shall be submitted to the City by the Contractor in such cases. E. After verification of the written quotation by the City,and after receiving the City's verbal (followed up in writing within twenty-four (24) hours) or written approval of the written quotation, the Contractor shall start the work within one (1) normal business d__ay,.:and • thereafter, have two (2) normal business_days_tole - '' comb to the work. :acne table,:.after iec. tvin the ! ..:v r 1 t L�y� j��]`- ......... ......_.......,::... ._....._.:_._.._e......._. _.._....--�i =r_s.,�.�e..b�l�•:. >�bli�� _�'-a'' si''�ir�i�if�l.:. 24 ho'W ;or:'%rii'to a".roval:_' if the v noel qu' tatip 'in I diit :: ick u r sl ll be tht�e ( ntk (u,,, neg,.s ,days=If the Contractor does not meet the agreed downtime, the City reserves the right to have the vehicle(s) returned to the Fleet Management Division or to another location designated by the City. F. When picking up vehicles from the City, if it becomes necessary, it is the Contractor's responsibility to tow the vehicle at the Contractor's expense. G. If in the Contractor's judgment, any additional downtime is required over and above three (3) days, the Contractor shall notify the City in writing of such requirements within one (I) normal business day of picking up the vehicle(s) from the City. The Contractor shall provide good and sufficient reasons for requesting additional downtime. The City, at its sole discretion, may elect to award the work to another Contractor or have the Contractor return the vehicle to the City. Procurement and Contracts Division Page:8 Sublet Vehicle Repair IFB17-0047 H. Except as may be directed otherwise, the Contractor shall deliver repaired vehicles to the Fleet Management Division, 1010 S. Westmoreland Dr.,Orlando, FL. V. ADDITIONAL WORK A. The Contractor shall not perform,or bill the City for, any additional work not listed on the original, approved written quotation, without receiving the City's prior approval in writing. The Contractor shall submit to the City a supplemental written quotation, referencing the original approved written quotation,detailing the need for additional work, clearly itemizing the price and indicating any additional downtime required to perform the additional work. B. After receiving a supplemental written quotation,the City shall verify the additional work recommended by the Contractor and if necessary, point out any discrepancies that shall be corrected by the Contractor. A revised supplemental written quotation shall be submitted to the City by the Contractor in such cases. C. After verification the supplemental written quotation by the City, and after receiving the City's verbal (followed up in writing within twenty-four(24)hours)or written approval of the supplemental written quotation,the Contractor shall commence the additional work. D. Additional work approved by the City shall be invoiced on a single, final invoice (along with the original approved work), as a separate item indentified as approved additional work. VI. MATERIAL REQUIREMENTS A. All materials used for the repair and maintenance of City vehicles:shall be new. `'Ftae_ �Cgntt ctor shal..l rttl}ze new;original manufactu 'S r re pmp (O )onent dr Clly aper � 1. equals;Whenever it is necessary, in lieu of new OEM parts, the Contractor shall provide an aftermarket, rebuilt, remanufactured or exchange part of the same type as that being replaced. B. Aftermarket, rebuilt, remanufactured or exchange parts, may be acceptable with prior verbal or written approval by the City, provided they come with the warranties similar to new part warranties as specified in Section VII, below. C. The Contractor may be required to furnish complete current manufacturer's price list and any parts catalog(s)that may be required by the City. nC:tt..d...eqD. cat�,...fa. The City' reserves the . :r ght to inspect the Contractor's inventory of parts and facilities prior to award of a Contract and at any time during the Contract. Failure to meet the City's requirements may be cause for rejection of a bid or cancellation of a Contract at the City's sole discretion. Procurement and Contracts Division Page:9 Sublet Vehicle Repair 1FB17-0047 VII. WARRANTIES A. The Contractor shall warrant that all work shall be performed in accordance with the Specifications and be of the highest quality. B, The warranty for equipment and parts provided during repair and maintenance work, found to be defective or not in conformity to the Specifications, shall be for the manufacturer's warranty period or thirty-six (36) months, 36,000 miles, whichever is greater,to include the parts, labor, pick-up and delivery. C. The warranty for Preventive Maintenance (PM) items, and normal wear items such as batteries, belts, bulbs and tires,provided during repair and maintenance work, found to be defective or not in conformity to the Specifications, shall be for the manufacturer's warranty period. D. The Contractor, in addition to all other warranties, shall be responsible for faulty labor. and workmanship and shall promptly correct improper work, without cost to the City, • within a reasonable time period after receipt of notification of such faulty labor and workmanship or reimburse the City for all costs related to the faulty labor and workmanship. Payments in full or otherwise,do not constitute a waiver of this warrantee. This warranty period shall be effective for one (1) year after acceptance of the work by the City, at a minimum. E. The Contractor shall warranty equipment or parts supplied to the City as wholesale parts which are found to be defective or not in conformity to the Specifications. The City reserves the right to cancel any orders and return such equipment or parts to the Contractor,at the Contractor's expense,with no restocking or shipping charges. F. The:Contractor shall_provide detailed documentation:of all non°warranty work, and all Oils`414_WOrk'per:.fcrmed for.the City; in.a writtei Wootronip fatmAt. VIII. PRICING A. The'aboir-_irate Hours shall be:based':.oft a'fixed gat er.h`our 3::-urs 0004 �;;;;_;; .; ;: . :-: ::..;: . .. . . . �p........... ..._ auks �hall;l;'t�lased: soh°;a'.publish l`labor=rate'standard;such as Mitchell or Alldata, or actual job hours, with prior verbal (followed up in writing within twenty-four (24) hours) or written approval from Fleet Management. B. Shop supplies and/or environmental fees required to complete maintenance or repairs which are not parts, shall be charged at no greater than 2% of the total invoice and`shall not exceed $50.00 per invoice. C. :Tire parts tpercentag-e mark-up shall lag basedr oh he Contlaeta.r's bid f tedPercentage :a ove the S optract r;s actuatl:cost Of parts:obtained through competitive pricing, The City reserves the right to verify pricing with the Contractor's supplier. Written documentation of the Contractor's cost and the Contractor's supplier for parts sold to the City shall be provided to the City within seven (7) business days upon Contractor's receipt of such request by the City. Procurement and Contracts Division Page: 10 Sublet Vehicle Repair IFS17-0047 D. Oils and lubricants shall be defined as parts and shall be subject to the Contracted parts pricing. E. The City shall not be charged shipping costs for Contractor stocked items, Contractor stocked items which are 'out of stock' or for non-stock items which are available through a local inventory network, for items provided as part of repair and maintenance or wholesale parts purchases. • F. Shipping charges for non-stock items which are not available through a local inventory network, special order items or items shipped with expedited delivery at the City's request, shall be estimated and itemized on the quotation provided to the City for such items and shall require prior verbal (followed up in writing within twenty-four (24)hours) or written approval by the City. IX. WHOLESALE PARTS PURCHASES The City may elect to purchase new OEM, aftermarket, rebuilt,remanufactured or exchange parts from an awarded Contractor,at the Contracted price, on an 'as needed' basis, independent from a sublet vehicle repair. The Contractor shall be required to honor the bid pricing and Contract Specifications for such purchases. Procurement and Contracts Division Page: 11 Sublet Vehicle Repair IFB17-0047 SPECIAL CONDITIONS Automated Order Entry System: Bidders should urnii;h kith their_bid submYiittal details.ofan autoi iated:.ord r.e..n ry systema atlable fi r: use byt e City Quantities The quantities for the items listed in this solicitation are estimated annual quantities for bid evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all bidders that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation. Favored Customer Clause: Should the awarded bidder(also referred to hereinafter as"Contractor"), of a contract resulting from this solicitation sell the same or substantially the same products or services as listed in this solicitation to another Governmental Agency, within the State of Florida, at a lower price than the price listed in this solicitation,the awarded vendor agrees to extend that same discounted price to the City of Orlando. Procurement and Contracts Division Page:12 1 Sublet Vehicle Repair IFB17-0047 STANDARD TERMS AND CONDITIONS 1. RECEIPT OF BIDS: a. Sealed bids, one (1) original and one (1) copy, shall be submitted to the Procurement and Contracts Division prior to the date and time specified herein. Bids will not be accepted after the designated time and date. It is solely the responsibility of the bidder to ensure timely delivery of their bid submittal. b: Each bid shall be submitted in a sealed envelope and marked with the bid number, title of the bid,and bid opening date and time. c. If submitted by mail,the bid submittal shall be enclosed in a sealed envelope addressed to the City's Chief Procurement Officer (CPO), at the address listed below. Bids submitted by mail must be received in the office of the Procurement and Contracts Division by the time specified herein for the opening thereof. • Please be advised that United States Postal Service (USPS) Express and Priority service classes, are delivered to the City once daily. Accordingly, in order for a submission to be received by the office of the Procurement and Contracts Division when the services of the USPS are used, a proposer or bidder is responsible for ensuring that their submittal is transmitted in such manner as necessary for the USPS to receive, sort, and deliver to the City by the submittal due date and time. The City only collects other USPS mail one (1) time per day upon opening of the local Post Office branch, which is then sorted by the City for delivery to the Procurement and Contracts Division and other City departments. Submissions arriving at the USPS after the initial pick- up by the City will be placed in the City's call-box for pick-up and will not be delivered to or received by the Procurement and Contracts Division until the next business day. When using the USPS or any other mail delivery services, it is the sole responsibility of the bidder to ensure that bids or proposals are received in the office of the Procurement and Contracts Division by the due date and time. The City shall not be responsible for delays caused by any occurrence. d. All bids shall be mailed or delivered to the office of the Procurement and Contracts Division at the address listed below. Sealed bids are to be addressed as follows: City of Orlando Procurement and Contracts Division Attention: David Billingsley,CPSM, C.P.M. Chief Procurement Officer CIO Purchasing Agent: Lee Donate 400 South Orange Avenue, 4th Floor Orlando, Florida 32801 Procurement and Contracts Division Page: 14 Sublet Vehicle Repair IFBI7-0047 • 2. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS: a. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or,if the solicitation is cancelled, upon cancellation of the solicitation). Except for communication with the City's designated point of contact set forth in this solicitation or as otherwise authorized by the City's Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a respondent or potential respondent (or on a respondent or potential respondent's behalf) to or with any officer, elected official (including the Mayor and City Council), department,division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation. During the prohibited communication period, all contacts and communications regarding the solicitation by a respondent,or potential respondent, including their agents, representatives and others on their behalf, shall be directed to the City's Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City's Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a respondent or potential respondent under the City's Procurement Code. b. Any questions by a bidder relative to the interpretation of specifications or the bid process shall be addressed in writing as indicated below In order tp be ani*erect prior to :the submittal deadline questions must be received by Abe Procurement and Contracts;Division'ten: (10) 'days prior to the date set for the receiptof bids. Please See:`the."Written Question(s) Form" under Forms and Submittals Section of this solicitations Any interpretation made to prospective bidders with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an Addendum to the specifications which, if issued,will be conveyed to all prospective bidders no later than five(5)days before the date set for receipt of bids. Oral answers will not be authoritative. c. It will be the responsibility of the bidder to contact the Procurement and Contracts Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda,and return executed addenda with the bid. d. All communication and contact regarding this solicitation shall be directed to the Purchasing Agent referenced on the cover page of this Invitation for Bids: Lee Donate,Purchasing Agent II City of Orlando Procurement and Contracts Division City Hall at One City Commons 400 South Orange Avenue, 9th Floor Orlando, Florida 32801 (407)246-2291 Fax(407)246-2869 Website:http://www.cityoforlando.net/procurement/ Procurement and Contracts Division Page: 15 Sublet Vehicle Repair IFB17.0047 3. TRIVIOF THE CONTRACT The term of the contract resulting from the solicitation, shall be for an initial twenty-four (24) month period. The contract may, by mutual assent of the parties, be extended for three (3) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months. 4. BIDDER'S CERTIFICATION FORM: Each bidder shall complete the "Bidder's Certification Form" included with this Invitation for Bids. The form must be acknowledged before a Notary Public with notary seal affixed on the document. The failure of a bidder to include this document with their bid submittal will be cause for rejection of the bid. 5. SUBMITTAL OF BIDS: Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount provided by a bidder for any item are not in agreement, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. 6. BID INFORMATION: It is incumbent on the bidder to check the City of Orlando's website at https://vendorlink.citvoforlando.net/common/default.aspx or contact the Procurement and Contracts Division for current bid and award information,prior to and after the scheduled opening date of a solicitation, in accordance with the instructions provided herein, in section entitled, "Invitation for Bids Award Information". 7. EXCEPTIONS TO TERMS AND CONDITIONS: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the City's bid document(s). Inclusion of additional terms and conditions,such as those which may be on your company's standard forms, may result in your bid being declared non-responsive. 8. SPECIFICATIONS: a. The Specifications shown in the Invitation for Bids are intended to represent items of a quality level known to meet City's requirements. While the City endeavors to promulgate written Specifications that are accurate and nonrestrictive for bidding purposes, they may also reference an item by manufacturer's name and model number. Bidders are cautioned that in the event of a discrepancy therein, such difference must be timely questioned in writing. Any written question must be received by the Procurement and Contracts Division at the address on the cover of this solicitation no later than ten(10)days prior to the bid opening. Procurement and Contracts Division . Page: 16 Sublet Vehicle Repair IFB17-0047 b. If any proprietary, trade, brand, or manufacturers' name or part number is used herein in describing the required equipment or materials, it shall be understood to indicate the minimum standard of composition and quality desired, and shall not be construed to exclude equipment or goods that equals or exceeds the functional capability and quality of the named equipment. The City, in its sole discretion, shall determine whether equipment or goods are equivalent in capability and quality. _Blddert;are stiro ►gl encraged to submit;equivalent equtpi eifl of piatetlall i<�t � eratiart 1":41ipg;the question and ouat suer;period If equivalent equipment or materials is proposed, indicate the manufacturer's name and model number for the equipment and include any literature or other explanation of the equipment's quality or performance with your bid. c. The equipment bid herein shall be new and shall be of the current production model. If applicable, detailed equipment specifications for make and model offered shall be provided with bid. d. Bidders may be required, at no expense or liability to the City, to make available for test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal equipment that may be seen under operating conditions in the Central Florida area. 9. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. 10. DISCOUNTS: Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified,whichever is later. 11. ALTERATIONS/CHANGES TO BID PRICE FORM(S): Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price Form(s). The unit price bid and total extensions must correspond to these designations. Each line item will be extended as indicated (quantity x unit price). The unit price shall prevail. 12. ADDENDA: It is the bidder's responsibility to contact the Procurement and Contracts Division prior to submitting a Bid to ascertain if any Addenda have been issued,to obtain all such Addenda, and return executed Addenda with the Bid. If you have downloaded this Bid from the Internet,please ensure that you also download all such Addenda. The failure of a bidder to submit acknowledgment of any Addenda that affects the bid price(s),is considered a major irregularity and will be cause for rejection of the Bid. Procurement and Contracts Division Page: 17 Sublet Vehicle Repair IFB17-0047 13. "NO BID" RESPONSE FORM: In the event you elect not to bid on this requirement,please complete and return the "No Bid"form included in this solicitation. 14. OPENING OF BIDS: Sealed bids will be received in the Procurement and Contracts Division until the due date and time as specified in this Invitation for Bids. Bids will be opened and the total bid amount shall be publicly read aloud immediately following the published due date and time. No responsibility will attach to the City for the premature opening of a bid not properly addressed and identified. Bidders or their authorized agents are invited to be present at the bid opening. 15. BIDDER QUALIFICATION: Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service. The City reserves the right to request information or conduct an inspection of the bidder's facility and equipment prior to the award of the contract. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. Failure to comply with the established deadline for submittal of required documents may be grounds for disqualification. 16. INSPECTION OF PUBLIC RECORDS: Bidders may request copies of the solicitation records in person or by written request to the City Records and Archive Management Services located at 400 South Orange Avenue, 2"d Floor, Orlando, Florida, 32801 or by calling (407) 246- 2148. You may also email your request to records@cityoforlando.net. Pursuant to Florida State Statute Chapter 119.07, sealed bids are exempt from public inspection until such time as the City provides Notice of Intended Action or until thirty(30)days after bid opening,whichever is earlier. 17. IRREGULAR BIDS: Bids made on other than the documents furnished by the Procurement and Contracts Division may not be considered. Changes in phraseology, additions, or limiting provisions made on the Invitation for Bids may render the bid irregular and may cause rejection. The City's Chief Procurement Officer, however shall have the authority to waive minor irregularities. Procurement and Contracts Division Page: 18 Sublet Vehicle Repair IFB17-0047 18. UNBALANCED BIDS: At determined by the City's Chief Procurement Officer in the CPO's discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are, or appear to be, excessively unbalanced. 19. WITHDRAWAL OF BIDS: After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may withdraw or correct a bid prior to the stipulated date and time for the opening of bids upon a written request to the City's Chief Procurement Officer. 20. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the responsive and responsible bidder who submits the lowest bid meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible bidder submitting the lowest bid shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City's MBE/WBE program and VBE preference. In determining whether a bidder is responsible, the City reserves the right to consider matters such as, but not be limited to, quality offered, delivery terms,and service reputation of the bidder. 21. AWARD OR REJECTION OF BIDS: The City's Chief Procurement Officer reserves the right to accept any, all or part of any bids, to waive minor irregularities, or to reject any, all or part of any bids,and to advertise for new bids, as the interest of the City may require. The City's Chief Procurement Officer also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price, may be considered by the City's Chief Procurement Officer: a. The ability,capacity and skill of the bidder to perform the service required. b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified,without delay or interference. c. The character, integrity,reputation,judgment,experience and efficiency of the bidder. d. The quality of performance of previous contracts or services. e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. Procurement and Contracts Division Page: 19 Sublet Vehicle Repair IFB17-0047 g. The quality, availability andadaptability of the supplies, or services, to the particular use required. h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. i. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City,or whether the bidder's taxes or assessments are delinquent. j. Such other information as may be relevant or secured. 22. SELECTION/REJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options which are bid, based on price and other considerations as deemed to be in the best interests of the City. 23. MULTIPLE AWARDS: The City reserves the right in its sole discretion after evaluation of all responsive bids,to award the work described herein to more than one responsive and responsible bidder. In such cases where an award is made to more than one responsive and responsible bidder, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider's designation as primary,secondary or alternate. 24. CONTINGENT FEES: The bidder warrants that no City official or employee was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 25. IRREVOCABLE OFFER: The submission of a bid shall constitute an irrevocable offer to the City by the bidder for a period of ninety(90) days from the date of bid opening to provide the goods and services set forth in this solicitation upon the terms,conditions,and provisions of this solicitation,at the pricing set forth in the bid. 26. PRICING AND ORDERING: The City will issue purchase orders directly to the awarded bidder for the purchase of supplies and materials. The awarded bidder shall honor these orders in accordance with the terms and conditions of the solicitation and their pricing and discounts terms as listed in their bid submittal. Unless otherwise specified,the awarded bidder shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City. Procurement and Contracts Division Page:20 Sublet Vehicle Repair IFB17-0047 27. RETURN OF MERCHANDISE: All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City of Orlando. The City may return, for full credit, any unused items received which fail to meet the city's performance standards. Replacement items meeting Specifications must be submitted within a reasonable time after rejection of the non-conforming items. The supplier is to accept for full credit,any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the vendor and include reference to an applicable Vendor Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Vendor Invoice or Packing List. 28. CONTRACT SALES REPORT The Contractor shall report sales and usage data to the City on an annual. basis in Excel spreadsheet format. The following data at a minimum must be reported for each item included on the Price Form that is procured during the reporting period: • Contract name and number • Contractor name • Reporting period • Department/Division/Location name • Order date • Item description • Manufacturer name(as applicable) • Manufacturer part number(as applicable) • Unit of measure • Quantity • Contractor's list price • Unit price • Extended price • Total purchase amount for the reporting period Submission of Contract Sales Reports is the responsibility of the Contractor, without prompting or notification by the City. The Contractor will submit by email the completed Contract Sales Reports to the Purchasing Agent identified in the Contract. The City shall work with the Contractor to develop the approved electronic format and content of the Contract Sales Reports to be used by the Contractor. Failure to provide Contract Sales Reports, including no sales status, may be grounds for default and/or cancellation of the Contract. Procurement and Contracts Division Page: 21 Sublet Vehicle Repair IFB 174047 29. FAMILIARITY WITH SITE WORK AND CONDITIONS: The responsibility for- the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the bidder's. Submission of a bid shall constitute acknowledgment by the bidder that it is familiar with all such conditions. The failure or neglect of a bidder to familiarize itself with the site of the proposed • work,shall in no way relieveit from any obligations`with respect to its bid. 30. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Contractor,and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five (5) years„from the date of final payment under the contract and by the subcontractor for a period_of five (5):years:from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later. 31. ASSIGNMENT: The Contractor shall not sell, assign,or transfer any of its rights, duties, or obligations under the contract or under any purchase order:issued pursuant to the contract, without the prior written consent of the City. The Contractor shall give, full attention to the contract, to the faithful execution of the contract,and shall keep the same under its control. 32.' FISCAL YEAR FUNDING APPROPRIATION: a. Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be inthe best interest of;the City provided funds are available for the first fiscal period at the-time of contract. Payment and performance obligations for 'succeeding fiscal periods shall be"subject to appropriation by City Council of funds therefor. b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract.shall be cancelled and the Contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. • 33. APPLICABLE LAW AND APPEALS: This solicitation is issued in accordance with and shall be governed by the provisions and procedures 'of Chapter 7 of the City of Orlando's Code which can be accessed online at: https://www.municode.com/library/fi/orlando/codes/code of ordinances?nodeId=TITIICICO CH 7PRCO or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Procurement and Contracts Division Page:22 Sublet Vehicle Repair IFB17-0047 34. WARRANTY: Bidder warrants that all equipment, materials and workmanship,whether furnished by bidder or its subcontractor(s),will comply with the City's specifications,drawings and other requirements. The Contractor warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one(1)year from completion of the Work,the Contractor shall,at the City's option, either reperform such portions of the Work to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the work provided by other Contractors. 35. CONTRACT AND ACCEPTANCE FORM: In order to expedite the contracting process after bid opening and preclude delays occasioned by subsequent contract execution, bidders are requested to sign the Contract and Acceptance Form included with this solicitation and return the form with their bid. In the event that a successful bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if necessary, a letter of authorization) with their bid, the City shall notify the bidder of the City's intent to make an award and the bidder shall submit such form properly executed (together with a letter of authorization, if necessary,as set forth below)within fifteen (15) calendar days of receipt of notice from the City. Unless such time is extended by the City, the failure of a bidder to submit a properly executed form (and, where necessary, a letter of authorization) within said time period shall be cause for cancellation of the intended award by the City in its sole discretion. In the event that an intended award is cancelled,the award may then be made to the next lowest responsive and responsible bidder or the City's Chief Procurement Officer may decline to make an award. Successful bidders who default in properly executing the Contract and Acceptance Form after notification of the City's intent to make an award shall forfeit any bid security to the City and are subject to suspension and/or debarment by the City. Unless otherwise agreed by the City in its sole discretion,the Contract and Acceptance form shall be executed and notarized as follows: a. If the bidder is a corporation, the Contract and Acceptance Form shall be signed by an authorized corporate officer(i.e.,President,Vice President,C.E.O,or C.O.O.). b. If bidder is a Partnership, the Contract and Acceptance Form shall be signed by a general or managing partner. c. If the bidder is a limited liability company,the Contract and Acceptance Form shall be signed by a Manager or Managing Member having authority to bind the company. d. If bidder is a sole proprietorship,the owner shall sign the Contract and Acceptance Form. If an aforementioned signatory is not available and a different authorized signatory executes the form, a letter of authorization reflecting the signatory's authority shall be submitted on the bidder's stationery stating that the person who signed the form is duly authorized to enter into such contract on behalf of the bidder. Such letter of authorization shall be signed by one of the designated signatories above or such other representative as may be acceptable to the City. Procurement and Contracts Division Page:23 Sublet Vehicle Repair IF1117-0047 If you have any questions regarding the execution of the Contract and Acceptance Form, please contact the Procurement and Contracts Division at(407)246-2291 for further clarification. If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by the City with respect to the items awarded and returned to the bidder evidencing the City's acceptance of the bid. No award shall be final, and no bidder shall have any entitlement to a contract or award, until such time as the City has executed the Contract and Acceptance Form. Upon execution by both parties, the Contract and Acceptance Form will constitute the formal written contract between the City of Orlando and the bidder. Any such resulting contract shall be non-exclusive, and the City may procure the goods and services listed in said contract from other sources. Within one (1) week of receipt of the fully executed Contract and Acceptance Form, an awarded bidder shall provide to the City with any required bonds, indemnities, and insurance certificate(s). 36. ACCEPTANCE OF MATERIALS/SERVICES: The City will be deemed to have accepted the Work after the City's Chief Procurement Officer is notified by the using Department of its satisfaction that the Work is completed, in accordance with solicitation specifications. The Work under this Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the specifications,the City reserves the right to cancel the Agreement upon written notice to the Contractor. 37. CONTRACT ALTERATIONS: No waiver, alterations, consent or modification of any of the provisions of the contract shall be binding unless in writing and signed by the City's Chief Procurement Officer or the CPO's designee. 38. INDEMNIFICATION: The awarded bidder agrees to indemnify and hold harmless the City, its elected officials, officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees for trial and on appeal, and for the preparation of same arising out of the Contractor's, its officers',agents',and employees' acts,or omissions associated with the contract. 39. INSURANCE: a. General Insurance Requirements. Within seven(7)days of receipt of a notification of intended award from the City, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s)acceptable to the City. The Certificate(s)of Insurance shall demonstrate that the awarded bidder has coverage in accordance with the requirements set forth herein. Insurance coverage must be in force throughout the contract term. Should a Contractor fail to maintain insurance as required or to provide acceptable evidence of insurance within seven (7) days mica.to the expiration date of an insurance policy, the City shall have the absolute right to terminate the contract without any further obligation to the Contractor. In such event the Contractor shall be liable for the entire additional cost of procuring performance plus the cost of performing the incomplete portion of the contract at the time of termination. Procurement and Contracts Division Page: 24 Sublet Vehicle Repair IFB17-0047 b. Subcontractors. Unless expressly specified otherwise in this solicitation,a Contractor and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City's approval of insurance coverage to be maintained by a Contractor and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary. c. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor's and his subcontractors' initiation of performance,the Contractor and its subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of' insurance for a Contractor and subcontractor-furnished insurance and notices of any cancellations,terminations, or alterations of such policies shall be mailed to the Procurement and Contracts Division at the address set forth for delivery of the bid. d. Additional Insureds. All insurance coverages furnished under a contract except Workers' Compensation and Employers' Liability shall include the City and its officers,elected officials, and employees as additional insureds with respect to the activities of the Contractor and its subcontractors. The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies. e. Waiver of Subrogation. The Contractor and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents and employees and against other Contractors and subcontractors. f. Types of Coverage to be Provided. The awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract. Procurement and Contracts Division Page: 25 Sublet Vehicle Repair IFB17-0047 (i) Workers' Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an"all states"or"other states"endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers' compensation coverage must still be provided for all employees, sub-contractors not eligible for exemption. The liability limits shall not be less than: Workers' compensation Statutory Employer's Liability $100,000 each occurrence (ii) Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle,and shall cover operation on or off the site of all motor vehicles licensed for highway use,whether they are owned,non-owned,or hired. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iii) Commercial General Liability. This insurance shall be an "occurrence" type policy (excluding automobile liability) written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage,a "contractual liability" endorsement to insure the contractual liability assumed by the Contractor under its contract with the City, and `completed Operations and Products Liability" coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor's work, or work under its direction, requires blasting, explosive conditions,or underground operations,the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence 40. LICENSES: Unless otherwise extended by the City, the awarded bidder will be required within fifteen (15) calendar days of award date, to provide any and all local, state, and federal licenses, approvals, permits,authorizations and/or certifications which would be applicable for all services to be rendered during the term of the contract. Procurement and Contracts Division Page:26 Sublet Vehicle Repair IFB17-0047 41. AUTHORITY. The City's Chief Procurement Officer or the CPO's written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. 42. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid to provide any goods or services to a public entity, may not submit a bid with a public entity for the construction or repair of a public building or a public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in §287.017 of the Florida Statutes for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 43. PROMPT PAYMENT ACT: Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes, Local Government Prompt Payment Act. 1. Proper Invoice For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor,vendor or other invoicing party shall consist of at least all of the following: a. a description (including quantity) of the goods and/or services provided to the City(or a party on behalf of the City)reasonably sufficient to identify it(or them); b. the amount due,applicable discount(s), and the terms thereof; c. the full name of the vendor, Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes(if they are different)and a telephone number; d. the Purchase Order or contract number as supplied by the City; and e. an identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided. All invoices, in order to be classified as a proper invoice, shall be delivered to Accounts Payable, Business and Financial Services Department, City of Orlando, 400 South Orange Avenue,P.O. Box 4990,Orlando,Florida, 32802-4990. Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City(or party on behalf of the City); the vendor, Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in defaultof any of them; and if the contract requires any subcontractors or other parties to be bound by similar other "flow-down" requirements that Procurement and Contracts Division Page:27 Sublet Vehicle Repair 1FB17-0047 those requirements have been complied with. 2. Dispute Resolution In the event a dispute occurs between a Contractor, vendor or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement and Contracts Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five(45)days, and be resolved not later than sixty(60)days,after the date on which the proper invoice was received by the City. Any decision by the City's Chief Procurement Officer shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 44. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the awarded vendor, the submission of any bid in response to this Invitation for Bid constitutes a bid made under the same terms and conditions, for the same contract price, to other governmental agencies including the State of Florida and its agencies, political subdivisions, counties and cities. Each governmental agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials ordered and received by it and no agency assumes any liability by virtue of this bid. 45. EQUIPMENT: The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consumables, left on City property by the Contractor. 46. TERMINATION FOR CONVENIENCE: The City's Chief Procurement Officer may terminate any contract resulting from this solicitation for convenience with advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all work properly performed or materials provided prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination. 47. DRUG-FREE WORKPLACE CERTIFICATION: By submitting a bid in response to this Invitation for Bids, you are certifying that your company is a drug-free workplace in accordance with Florida Statute§287.087. 48. AMERICANS WITH DISABILITIES ACT: Persons with disabilities needing a special accommodation to participate in this proceeding should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801 telephone (407) 246-2291, not later than seven (7) days prior to the date on which the accommodation is requested. Procurement and Contracts Division Page:28 Sublet Vehicle Repair IFB17-0047 49. PURCHASING CARD PROGRAM: The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement process. In order to expedite payments to suppliers, The Bank of America VISA Purchasing Card and ePayable solution has been implemented to more effectively control our procurement activities and to achieve a significant cost savings over the traditional paper, purchasing and payment system. As one of the City of Orlando's valued suppliers, your business may also achieve cost savings results by accepting the ePayables solution. Identified supplier benefits of this Program may include: • Reduction of payment time • Direct electronic deposit to your primary banking account • Increase in working capital • Elimination of invoicing • Reduced collection efforts • Enhanced corporate relationships • 'Reduced billing costs • Enhanced reporting • Increased sales as a"Preferred Supplier" Additionally, you will be able to grow your customer base by accepting purchasing cards from other corporate customers as well as all major credit cards, therefore, The City encourages all vendors to accept the VISA ePayable solution. 50. RECIPROCAL LOCAL PREFERENCE: In the event the lowest responsive and responsible response to any Invitation for Bids or Request for Proposal is by a vendor whose principal place of business is in a city, county, or state which grants a preference for the procurement of such goods or services to a vendor whose principal place of business is in such area, then the City may award a preference to the (next) most responsive and responsible vendor having a principal place of business in the Metropolitan Statistical Area, (i.e., Orange, Seminole, Lake and Osceola Counties). Such preference shall be equal to the preference granted by the area in which the lowest responsive and responsible vendor has its principal place of business. 51. EMERGENCY SUPPORT: 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 the City of Orlando shall be provided goods and services on a first priority basis. It is vital and imperative that the citizens of the City are protected from any emergency situation which threatens public health and safety, as determined by the City. Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a first priority basis. The City expects to pay a fair and reasonable price for all goods and services acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a twenty-four(24)hour phone number in the event of such an emergency. • Procurement and Contracts Division Page: 29 Sublet Vehicle Repair IFB17-0047 52. SUBCONTRACTORS: The Contractor shall perform all of its obligations and functions under the contract by means of its own employees, or by a duly qualified subcontractor, which is approved in advance by the City. In the event a subcontractor is employed, the Contractor shall continuously monitor the subcontractor's performance, shall remain fully responsible to insure that the subcontractor performs as required and itself perform or remedy any obligations or functions, which the subcontractor fails to perform properly. _. 53. BID PRICES: Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and profit to perform the work specified in this Invitation for Bids. Bid prices shall remain firm for the entire contract period unless otherwise specified or changed by an Amendment. At each renewal period, price increases or decreases may be considered, provided they are reasonable and acceptable to the City. Any Amendment must be in writing and signed by both parties. 54. GOVERNING LAW/VENUE Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County, Florida. Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the contract. To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119.0701(2) (b) 1 through 4 of the Florida Statutes. 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 THE PUBLIC RECORDS AT C/O DEPUTY CITY CLERK, RECORDSna,CITYOFORLANDO.NET, TELEPHONE NUMBER (407) 246-3538, 400 S. ORANGE AVE., ORLANDO,. FL 32801. 55. RECYCLED CONTENT: In support of the Florida Waste Management Law,bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City is requesting that bidders provide detailed information regarding any known or potential recycled material content in the product that may be extracted and recycled after the product has served its intended purpose, on the Bidder's Questionnaire as provided in this solicitation. If the specifications contained herein require the use of recovered materials, by submitting a bid or response to this solicitation, a respondent agrees and certifies that it will meet such requirement. Upon the conclusion of any contract resulting from this solicitation requiring the use of recovered materials, the Contractor shall submit to the City's project manager for the work a statement regarding the actual percentage of recovered materials utilized in the completion of the contract. Procurement and Contracts Division Page:30 Sublet Vehicle Repair IFB17-0047 56. LIVING WAGE POLICY; As set forth in City Policy and Procedure 161.3 (for a copy, contact Procurement at 407.246.2291). Covered Service Contractors, as well as their subcontractors (first tier only), shall pay to all of their employees providing Covered Services pursuant to a contract with the City, a living wage for the time spent providing services to the City. (This provision does not include general administrative personnel unless they are assigned to a City project). "Living wage" means compensation for employment of not less than $8.50 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision or the service Contractor shall allow the City to audit(at service Contractor's place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future City contracts at the sole option of the City. This provision shall apply to all bid and Proposal awards for Covered Services, which involve City expenditures that exceed $100,000.00 per year. More particularly, this provision shall apply to single and multiple award agreements for Covered Services regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in any one contract year. As for multiple award contracts (contract award which will be divided among several Contractors), at the point when the City has expended $100,000.00 on that contract in any one-contract year, regardless of whether such expenditure was to one Contractor or several Contractors, then the living wage provision shall apply to all Contractors who are a party to that award. For those contracts whose initial value was less than $100,000.00 but exceeded $100,000.00 prior to the end of the contract term,this provision will be applicable to that contract in the next quarter. To further clarify,the Living Wage policy does not apply to part time employees, or the part time employees of all subcontractors. Furthermore, the workers of temporary employment agencies are not covered by the City's Living Wage Policy. 57. ORDER OF PRECEDENCE: This solicitation shall be included and incorporated in the purchase order or contract resulting from this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract,shall be deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in the event of any conflict between the terms of the contract or purchase order, the City's solicitation, and the vendor's response, the order of precedence shall be the contract or purchase order, followed by the solicitation,and then the response to the solicitation. 58. PATENTS AND COPYRIGHTS: The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work,which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. Procurement and Contracts Division Page: 31 Sublet Vehicle Repair IFB17-0047 59. TERMINATION FOR DEFAULT: The performance of Work under the contract may be terminated by the City's Chief Procurement Officer, in whole or in part, in writing, whenever the Chief Procurement Officer shall determine that the Contractor has failed to meet the performance requirements of the contract. The Chief Procurement Officer has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the contract, or if the Contractor fails to perform any other provisions of the contract. Notwithstanding the preceding,nothing herein shall be deemed to preclude the Chief Procurement Officer in the CPO's sole discretion on a case by case basis from providing the Contractor with written notice and a reasonable opportunity to cure the default prior to termination. Failure of a Contractor to deliver or perform the required Work within the time specified,or within a reasonable time as determined by the Chief Procurement Officer or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Chief Procurement Officer, shall constitute authority for the Chief Procurement Officer to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, or not completed. On all such purchases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the Chief Procurement Officer, for any expense incurred in excess of the contract prices. Such purchases shall be deducted from contract quantities or work. Should public necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. Nothing herein shall be deemed to preclude the City's exercise of any other rights or the City's pursuit of any other remedies that it may have herein or under law or in equity, including but not limited to any right of the City to terminate the contract for convenience. 60. TIME OF COMPLETION: The parties understand and agree that time is of the essence in the performance of the contract.The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor,fuel or supplies for any reason including default of suppliers, or any other causes,contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations,,respectively. Any such causes of delay, even though existing on the.date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City's Chief Procurement Officer may at the CPO's discretion, cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. Procurement and Contracts Division Page:32 Sublet Vehicle Repair IFB17-0047 61. CORRECTION OF WORK: The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to the contract whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 62. INFORMATION: All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to the contract, shall be the sole property of the City and all rights therein are reserved by the City,except that the Contractor may disclose any such information to its corporate affiliates and their agents as necessary to perform the Work. 63. SAFETY MEASURES: The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workmen and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. 64. EXTRA WORK: The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions,deletions,or other revisions,the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written amendment to the contract, and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule/term, it shall first give the City written notice within ten (10)calendar days after the occurrence of the event giving.rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the City's Chief Procurement Officer, before proceeding to execute the Work, except in an emergency endangering life or property, in which case the Contractor shall immediately proceed. No claim for extra work will be considered valid by the City unless first submitted in writing. 65. FAMILIARITY WITH THE WORK: The Contractor acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof.The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of the contract by the Contractor serves as his stated commitment to fulfill all the conditions referred to in the contract. 66. TITLE AND RISK OF LOSS: The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of the Work. Procurement and Contracts Division Page:33 Sublet Vehicle Repair [FB17-0047 67. TRADE NAMES: In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the bidder proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each bidder clearly states in his bid or proposal exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by his bid. The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand,model,or make is specified and if no data is required to be submitted with the bid, the successful contractor after award and before manufacturer or shipment may be required to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with. 68. FEDERAL,STATE,AND LOCAL RULES/APPROVALS: The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. 69. CLEAN WORK AREA: The Contractor shall at all times, keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any such materials to an approved disposal location. 70. MISCELLANEOUS PROVISIONS: By submitting a bid,the bidder shall be deemed to have certified that the contract is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the work covered by the contract and is in all respects fair and without collusion or fraud. Bidder further warrants and certifies that they are authorized to enter into the contract and to execute same on behalf of the Contractor as the act of the said Contractor. The contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the contract shall be deemed to exist or to bind either party thereto. If any section, sentence, clause, phrase, provision, or other portion of the contract is, for any reason, held invalid or unconstitutional by a court or other body of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the contract. The contract is solely for the benefit of the parties to the contract and no causes of action shall accrue upon or by reason thereof to or for the benefit of any third parties. Procurement and Contracts Division Page:34 • • Sublet Vehicle Repo it IFB17-0047 The City's Chief Procurement Officer or written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. ***************************************************A******************,************** Procurement and Contracts Division Page:35 Sublet Vehicle Repair EXHIBIT B 1FB17-0047 i uSh Can fcr r ,f FL Bidder's Name:Oattc ct i Fort BID PRICE FORM You are invited to Bid on the following: Sublet Vehicle Repair The bidder, having carefully examined the specifications and Terms and Conditions herein, proposes to furnish all labor, materials, equipment and other items without exception for the proper execution and completion of the work, and if awarded the contract,to complete the said work within time limits as specified for the following bid prices. Item Estimated Unit Unit Price Total No. Quantity Description PART ONE(I):REPAIR AND MAINTENANCE O"F GENERAL MOTORS(GM)CARS AND LIGHT TRUCKS,GM FRANCHISE DEALER 1. $100,000.00 YR PARTS: % $ Markup%,Original Equipment Manufacturer(OEM)for GM vehicles. • 2. $40,000.00 YR PARTS: % $ Markup%,aftermarket,with prior approval by the City. 3. 750 Hour LABOR: $ $ Labor Rate in$,fixed hourly rate for labor. PART TWO(2):REPAIR AND MAINTENANCE OF FORD CARS AND LIGHT TRUCKS,FORD FRANCHISE DEALER 4. $100,000.00 YR PARTS: 2,6 % $ 102�$O)03 Markup%,Original Equipment Manufacturer(OEM)for Ford vehicles. 5. $40,000.00 YR PARTS: IS % $ 1/4 000 Markup%,aftermarket,with prior approval by the City. 6. 750 Hours LABOR: $ 80 $ja4A00 • Labor Rate in$,fixed hourly rate for labor. • PART THREE(3):REPAIR AND MAINTENANCE OF CHRYSLER CARS AND LIGHT TRUCKS, CHRYSLER FRANCHISE DEALER PARTS: % $ 7. $100,000.00 YR Markup%,Original Equipment Manufacturer(OEM)for Chrysler vehicles. PARTS: % $ 8. $40,000.00 YR Markup%,aftermarket,with prior approval by the City. LABOR: $ $ 9. 750 Hours Labor Rate in$,fixed hourly rate for labor. SEE NOTES AT BOTTOM OF PRICING PAGES FOR CALCULATION EXAMPLES Sub-total(this page)$ 208 soo.tr, Bidder Initials Procurement and Contracts Division Page:37 Sublet Vehicle Repair IFB17-0047 Bidder's Name: BID PRICE FORM You are invited to Bid on the following: Sublet Vehicle Repair Item Estimated Unit Unit Price Total No, Quantity Description • PART FOUR(4):REPAIR AND MAINTENANCE OF TOYOTA CARS AND LIGHT TRUCKS, TOYOTA FRANCHISE DEALER 10. $100,000.00 YR PARTS: % $ Markup%,Original Equipment Manufacturer(OEM)for Toyota vehicles. 11. $40,000.00 YR PARTS: % $ Markup%,aftermarket,with prior approval by the City. 12. 750 Hours LABOR: $ $ Labor Rate in$,fixed hourly rate for labor. PART FIVE(5):REPAIR AND MAINTENANCE OF CARS AND LIGHT TRUCKS, INDEPENDENT REPAIR SHOP(OTHER THAN FACTORY AUTHORIZED DEALERSHIP) 13. $100,000.00 YR PARTS; % $ Markup%,Original Equipment Manufacturer(OEM)for all vehicles. 14. $40,000.00 YR PARTS: % $ Markup%,aftermarket,with prior approval by the City. 15. 750 Hours LABOR: $ $ Labor Rate in$,fixed hourly rate for labor. PART SIX(6):REPAIR AND MAINTENANCE OF GM MEDIUM DUTY TRUCKS,GM FRANCHISE DEALER 16. $20,000.00 YR PARTS: % $ Markup%,Original Equipment Manufacturer(OEM)for GM vehicles. 17. $5,000.00 YR PARTS: % $ Markup%,aftermarket,with prior approval by the City. 18. 250 Hours LABOR: $ $ Labor Rate in 8,fixed hourly rate for labor. • • SEE NOTES AT BOTTOM OF PRICING PAGES FOR CALCULATION EXAMPLES Sub-total(this page)S Bidder Initials Procurement and Contracts Division Page:38 Sublet Vehicle Repair IFB17-0047 ?..0&h TAA Gt Csn+r•.ra f F'L Bidder's Name:Oc lu1 t , e d BID. PRICE FORM You,are invited to Bid on the following: Sublet Vehicle Repair Item Estimated Unit Unit Price Total No Quantity Description PART SEVEN(7): REPAIR AND MAINTENANCE OF FORD MEDIUM DUTY TRUCKS, FORD FRANCHISED DEALER 19. $100,000.00 YR PARTS: Q % $ t 0)000.Q Markup%,Original Equipment Manufacturer(OEM)for G Ford vehicles. 20. $40,000:00 YR. PARTS: 15 % $ 116,007 Markup%,aftermarket,with prior approval by.the City. 21. 750 Hours LABOR: . $ _ $14_0(.0 Labor Rate in$,fixed hourly rate for labor. PART EIGHT(8):REPAIR AND MAINTENANCE OF CHRYSLER MEDIUM DUTY TRUCKS, CHRYSLER FRANCHISED DEALER 22. $100,000.00 YR PARTS:. % $ Markup%,Original Equipment Manufacturer(OEM)for Chrysler vehicles. 23. $40,000.00 YR PARTS: % $ Markup%,aftermarket,with prior approval by the City. 24. 750 Hours, LABOR: $ $ Labor Rate in$,fixed hourly rate for labor. PART NINE(9):REPAIR AND MAINTENANCE OF MEDIUM DUTY TRUCKS,INDEPENDENT REPAIR SHOP(OTHER THAN FACTORY AUTHORIZED DEALERSHIP) o 25. $100,000.00 YR PARTS: 15 /o $ 115,QQIGr co Markup%,Original Equipment Manufacturer(OEM)for all vehicles: 26. $40,000.00 YR PARTS: _% $ ii4 QoQ Markup%,aftermarket,with prior approval by the City. 27: 750 Hours LABOR: $ 60 $ COO LaborLabor Rate in$,fixed hourly rate for labor. SEE NOTES AT BOTTOM OF PRICING PAGES FOR CALCULATION EXAMPLES Sub-total(this page)$A4,964400 Bidder Initials Procurement and Contracts Division Page: 39 Sublet Vehicle Repair IFB17-0047 9 t1 Tn,th Ce n hrr of FC Bidder's Name: BID PRICE FORM You are invited to Bid on the following: Sublet Vehicle Repair Item' Estimated Unit Unit Price Total No. Quantity Description PART TEN(10): REPAIR AND MAINTENANCE OF PETERBILT MEDIUM&HEAVY DUTY TRUCKS, PETERBILT FRANCHISED DEALER 28. $100,000.00 YR PARTS:, 30 % $ 130 C Z j,06 Markup%,Original Equipment Manufacturer(OEM) for Peterbilt vehicles. 29. $40,000.00 YR PANTS: ZC' % $_I(r40 Markup%,aftermarket,with prior approval by the City. 30. 750 Hours LABOR: $ $ (Y,0 Labor Rate in$,fixed hourly rate for labor. PART ELEVEN(11): REPAIR AND MAINTENANCE OF INTERNATIONAL MEDIUM&HEAVY DUTY TRUCKS, INTERNATIONAL FRANCHISED DEALER 31. $100,000.00 YR PARTS: % $ Markup%,Original Equipment Manufacturer(OEM)for International vehicles. 32. $40,000.00 YR PARTS: % $ Markup%,aftermarket,with prior approval by the City. 33. 750 Hours LABOR: $ $ Labor Rate in$,fixed hourly rate for labor. PART TWELVE(12):REPAIR AND MAINTENANCE OF AUTOCAR MEDIUM& HEAVY DUTY TRUCKS, AUTOCAR FRANCHISED DEALER 34. $100,000.00 YR. PARTS: % $ Markup%,Original Equipment Manufacturer(OEM)for Autocar vehicles. 35. $40,000.00 YR PARTS: % $ Markup%,aftermarket,with prior approval by the City. 36. 750 Hours LABOR: $ $ Labor Rate in$,fixed hourly rate for labor. • SEE NOTES AT BOTTOM OF PRICING PAGES FOR CALCULATION EXAMPLES _ q Sub-total(this page)$ Z4OAG,06 Bidder Initials �� Procurement and Contracts Division Page:40 Sublet Vehicle Repair IFB17-0047 AA Truck Centv6 &fFL Bidder's Name:Or Lrt4O (-1 D._ BID PRICE FORM You are invited to Bid on the following: Sublet Vehicle Repair Item Estimated Unit Unit Price Total No. Quantity Description PART THIRTEEN(13):REPAIR AND MAINTENANCE OF FREIGHTLINER MEDIUM &HEAVY DUTY TRUCKS, FREIGHTLINER FRANCHISED DEALER 37. $100,000.00 YR PARTS: % $ Markup%,Original Equipment Manufacturer(OEM)for Freightliner vehicles. 38. $40,000.00 YR PARTS: % $ Markup%,aftermarket,with prior approval by the City. 39. 750 Hours LABOR: $ $ Labor Rate in$,fixed hourly rate for labor. • PART FOURTEEN(14):REPAIR AND MAINTENANCE OF HEAVY DUTY TRUCKS, INDEPENDENT REPAIR SHOP(OTHER THAN FACTORY AUTHORIZED DEALERSHIP) 40. $100,000.00 YR PARTS: 30 % $iXtfra Markup%,Original Equipment Manufacturer(OEM)for all vehicles. 41. $40,000.00 YR PARTS: 20 % sAgrezo Markup%,aftermarket,with prior approval by the City. 42. 750 Hours LABOR: $ _ $_ _'_ Labor Rate in$,fixed hourly rate for labor. '' SEE NOTES AT BOTTOM OF PRICING PACES FOR CALCULATION EXAMPLES Sub-total(this page)$ 23IOCC,O0 Bidder Initials Procurement and Contracts Division Page:41 Sublet Vehicle Repair IFB17-0047 Bidder's Name: BID PRICE FORM You are invited to Bid on the following: Sublet Vehicle Repair NOTES: Parts furnished by the Contractor shall be at the Contractor's actual cost plus a percentage markup on parts obtained through competitive pricing. Evidence of actual costs and competitive pricing shall be required through submittal of the Contractor's supplier invoices,at the request of the City. Parts EXAMPLE: If your markup is 5%,the Unit Price would be EA. The Total would be the Quantity+5%. Example:(Quantity-$10,000.00)+(Unit Price—5%)=(Total-$10,500.00) Labor hours charged per job shall be based on an established industry job time standard such as Mitchell or Alldata,or actual job hours,with prior approval by the City. Labor EXAMPLE: If your Labor rate is$100.00/hr,the Unit Price would be$100.00. The Total would be the Quantity times$100.00. Example:(Quantity—500)x(Unit Price—$100.00)=(Total-$50,000.00) GRAND TOTAL(ALL PAGES)$ /I l I 500. Bidder Initials 1. FOB Point Destination 2. Discount Payment Terms(if any): %,if paid within days after receipt of invoice. 3. Is yosvcompany willing to accept the VISA ePayable solution for payment of all invoices? Yes No 4. Is your company will' g to serve as a secondary supplier in the event your company is not selected for primary award? /Yes No 5. The Contractor shall start job within one (1) day after receipt of notice to proceed and thereafter complete job within three (3) days. Jobs which will take longer than three (3) days must have prior approval from Fleet Management Recheck your quotations prior to submission.Bids may not be changed after being opened. Procurement and Contracts Division Page: 42 Sublet Vehicle Repair IFB17.0047 BIDDER'S CERTIFICATION FORM: • I have carefully examined the Invitation for Bids, Instructions to bidders, General, Standard and Special Conditions,Specifications,Contract and Acceptance Form and any other documents accompanying or made a part of this Invitation for Bids. 1 hereby propose to furnish the goods or services specified in the Invitation for Bids at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to ninety(90)days in order to allow the City adequate time to evaluate the bids. I agree to abide by all conditions of this bid and understand that a background investigation may be conducted by the Orlando Police Department prior to award. I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this bid on behalf of the bidder as its act and deed and that the vendor/contractor is ready,willing and able to perform if awarded the bid. I certify,under oath,that this bid is made without prior understanding,agreement,connection, discussion, or collusion with any other person,firm or corporation submitting a bid for the same product Or service. I further certify that no officer,employee or agent of the City of Orlando or of any other Proposer has a financial interest in this bid. I further certify that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. State of ush Ttu.c(t C enfa s of filar A I kg County of ,C) _0 NAME BUSINESS Swo nj (or affir ed)ands bscribed before me BY: thigh da •f " ,2016,by 1 ' AitSzel 1,0ct� •—.. .' , /,SSJIGG/NATURE NAME&TITLE,TYPED ORP ,NTED 6141641.4006e,e__ ��11' Signature of Notary 2350 Ni t/ef S' ri e4 WAY Notary Public,State of ' I MAILING ADDRESS � • • • Y ,, NMI Public State of Florida Or l Apt#U 1-L 3/86t4 --OR- Dehoreh L Poulton CITY,STATE,ZIP CODE Produced Ident ; , Mr 6eA""r1110"b0 e007e7 (Ito Sb l 9000 Type: TELEPHONE NUMBER (K01) 581 8018 Company Tax ID# 06 -161 L 1 0 8 FAX NUMBER (The City only requires Company Tax ID numbers. The City is not requesting individual social security numbers.) 0fp?tciy n, E-MAIL A DRESS Procurement and Contracts Division Page: 43 Sublet Vehicle Repair IFB17-0047 CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Bid the name of any officer, director, employee or agent (or their spouse or child) who is also an employee or officer of the City of Orlando. Furthermore, all Respondents must disclose the name of any City employee or officer (or their spouse or child) who owns, directly or indirectly, an interest of more than five percent (5%) in the Respondents firm or any of its affiliates or subsidiaries. By submission of this Bid, the undersigned certifies, under penalty of perjury, that to the best of their knowledge and belief, except as disclosed pursuant to the instructions above, that no officer or employee of the City (or their spouse or child), directly or indirectly, owns an interest of more than five percent (5%)in the Respondents firm or any of its affiliates or subsidiaries; nor does the Respondent know of any City officer or employee having any financial interest in assisting the Respondent to obtain, or in any other way effecting,the award of the contract to this Respondent. Comments: • Acknowledged by: Firm Name: 1k . 1 MA.LK C cn'tc.( OF Florid 11c ature of uthorized Representative: Sig e . Name and Title(Print or Type): Date: II/111401k Procurement and Contracts Division Page: 44 Sublet Vehicle Repair IFB17.0047 CONTRACT AND ACCEPTANCE FORM FOR SOLICITATION NO.IFB17-0047: Upon execution of this contract below by the City of Orlando ("City"), the undersigned hereby agrees to provide all goods and services set forth in its bid in response to the above referenced solicitation ("Solicitation") in accordance with,and subject to, all terms,conditions,and provisions of the Solicitation at the prices set forth in the undersigned's bid for the items and work awarded to it by the City. This Contract and Acceptance Form together with the (i) Solicitation, including all addenda, and (ii) the undersigned's bid in response to the Solicitation, including all schedules and forms submitted with the bid, ll of which are hereby incorporated herein by this reference, shall constitute the formal written co act between the City and the undersigned. ar/!i r State of /Cot Pi County of C l V;�.t •✓ _„r , /J • '• , - Sworn Wor affirm-a)and subgcri-bed—before me NAME&TITLE, 'E e OR PRINTED this o'l •f 1 % re—Ar ,2016,by 001 .Troch Cenfcu3 o f Fief o�tcIt� a SP NAME OF BUSINESS Si y attire of Notary - 2.350 Di ue/5.f i t of W A 4( Notary Public,State of MAILING ADDRESS r14410 •rt. ,ZBotr ersonally Kn. ��, Notary Public Butt Or PloiWs CITY,STATE,ZIP CODE -OR- 111° Deborah t.Paulsen p� My Oomllitmn GO 000707 BiUe/09i071a0110 PHONE:({107 ) 651 8049G Produced Identi - • FAX:( tt*ttl'1 ) co 8 O'L4j Type of Identification: &MAIL:bOSei ttl AV to of C i ti rpt 11,66.Com, • FOR USE BY THE CITY OF ORLANDO ONLY This contract is awarded to the party listed above as a: Primary Supplier: x Secondary Supplier: This contract is for: All Item Numbers: or Item Numbers: it 5,6 i NI a0,1./,2.5,2411 7,a RI 14,30 INITIAL CONTRACT TERM: 3)1 in 7 to all I/i ACCEPTANCE: APPROVED AS TO FORM AND LEGALITY CITY OF ORLANDO,FLORIDA for the use and reliance of the • .. City of Or ando,Florida,only. By: 14(co-A”—, Chief Procurement Officer Assis ant City Attorney ORLANDO,FLORIDA DAVID BILLINGSLEY.CPSM.C.P.M. CI 24Ill Loll An Date: Mw—t l , 6 Date: 4/k 4 ft20/7 • • Procurement and Contracts Division Page:45 Sublet Vehicle Repair 111317-0047 BIDDER'S QUESTIONNAIRE: The following questionnaire is to be completed by the bidder and provided with its bid submittal. If a • question is not applicable,so indicate by writing"N/A". 1. COMPANY NAME: IZ,tJ 5 k 'T' -G K es of Ft n. u 114/ c. Address of Principal Place of Business: p5 5 0 f D" ✓& r$;f:ed Li p`r City/State/Zip: Ch. Lov.r.Qc PL SL 8O ti Phone: 401 5$►1 9013 Fax: '[0? 5 S 1 ry . Name of primary Contact: Email: i nDc r da rd en4- pr i ScJ;G 2. TYPE OF ORGANIZATION: Sole Proprietorship Partnership Non-Profit Joint Venture t/ Corporation Other: '+ZTG Ortavt Li'l'+ gG-803 741' State of Formation:Dc 1a w4 r di Federal ID# C1(r—1411.10 8 DUNS# RAY- D rl.a►d • (The City only requires a Federal Tax ID Number,not a Social Security number. 12 8)4 (5 iq 3. EMERGENCY CONTACT PERSON: W i 1 iC,rr► Ka Ppp e r Phone:',t01 561 6043 Fax: 407 36i 8018 Cell: 4DM 71D 4215. 4. INSURANCE COMPANY NAME: The %iy Su RA n C e C pft oEt &Si.k of 'Pen Asjl a Agent Contact:Tennn f(r Oh CR et E Phone: 830 3c j-$9 5 7 5. EXPERIENCE: A. Years in business: I 3 1„'PA QS B. Years in business under this name: 3 I/t yea z_j C. Years performing this type of work: 13 Yc4to 6. SUBCONTRACTORS- for informational purposes only: If bidder intends to use subcontractors, please provide the information below. All subcontractors listed remain subject to approval by the City. Name of subcontractors to be utilized and type of work: Name Type of Work M/WBE VBE Certified? City Certified? (Y or N) �IA (Y or N) Procurement and Contracts Division Page: 46 Sublet Vehicle Repair IFB17-0041 7. LOCAL SERVICE FACILITY,IF APPLICABLE: A.Name of local service center: B.Address of local service center: C. County local service center is located in: D.Contact: Telephone number: 8. RECYCLED CONTENT: A. Percentage of recycled material contained in the product: % B. Is your product packaged/shipped in material containing recycled content? Yes No C. Is your product recyclable after it has reached its intended end use? Yes No 9. REFERENCES: Bidder shall submit as a part of their Bid submittal, a minimum of three (3) customer references for similar products which your firm has provided within the last three(3)years. Reference#1: Name: C>rc..t.g COtA4 ti �u�0 :C. 5 c-koO Address: 6110 HA AJ ;,t/ M011 /1 Cr 1444 Telephone No.:: LI01 - 317 ! 3IO6 Fax No.: Contact: 1419 in) S f al c s E-mail: r-pl nt 844.10 f 0C9 S .pie 11 Reference#2: Name: L411 E Coun tr �iee-t Address: 20 Z3 TeVedcpcn ,C.Avcc- iQvd arAIV Keel' ft Telephone No.:: 3 5 2 74/.. 3618 4 Fax No.: Contact: 104 6114 N EdOd E-mail: i c 4 too LA1tc- cows tr rL I0./ Reference#3: Name: O r as.,d` e. Ci w-t t y f_lose ffika'v Address: L1(iOO vine. 1,00,4 poatel Telephone No.:: 4 07 $3 C S LO L Fax No.: 407 8J 8Z0 3 Contact: 13 ryq,ti Lugs E-mail: l t y4 / •LUC4$ . II cf Reference#4: Name: Address: Telephone No.:: Fax No.: Contact: E-mail: Procurement and Contracts Division Page: 47