Loading...
Contract 2022-105ADocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E1 1 2022-105 AGREEMENT NO.2022-105 FOR FIRE SPRINKLER AND STANDPIPE INSPECTION SERVICES THIS AGREEMENT, is made and entered into this 12th day of September 2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and WAYNE AUTOMATIC FIRE SPRINKLERS, INC., whose address is: 222 Capitol Court, Ocoee, FL 34761, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issued RFB 22-035 titled Fire Sprinkler/Standpipe Inspection; WHEREAS, CONTRACTOR submitted its response dated August 11, 2022, to RFB 22- 035; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 22-035 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1— SCOPE OF WORK The CONTRACTOR shall fire sprinkler and standpipe inspection services as described in CITY's RFB 22-035 and CONTRACTOR's August 11, 2022 response thereto, which are expressly incorporated herein and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. ARTICLE 2 — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement Documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein. ARTICLE 3 — PROVISION OF SERVICES AND COMPLETION OF WORK 3.1. The CONTRACTOR shall only provide to CITY with fire sprinkler and standpipe inspection services upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in RFB No.: 22-035 or in the specific purchase order or authorized order submitted by CITY. Nothing DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E1 1 herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 3.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 3.3. It is expressly understood and agreed that the passing, approval and/or acceptance of any fire sprinkler/standpipe inspection services herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted services so as to comply with the warranties and specifications hereof. 3.4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. ARTICLE 4 — TERM AND TERMINATION 4.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect for a period of three (3) years thereafter, unless terminated or renewed as provided for herein. 4.2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 4.3. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3) additional one (1) year terms. Sixty (60) days prior to completion of each extended term of this Agreement, CONTRACTOR may request and the City may 2 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-113847A262E11 consider an adjustment to price based on changes in the Producer Price Index (PPI). ARTICLE 5 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes, and other matters in question between them by mediation. 6.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liabilitv Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business 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 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-113847A262E11 indirectly employed by it, and the amount of such insurance shall be as follows: (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $500,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article.; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 2 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-113847A262E11 ARTICLE 8 — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Wayne Automatic Fire Sprinklers, Inc. 222 Capitol Court Ocoee, FL 34761 Attn: Clayton Durden, Inspections Manager OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 9 — MISCELLANEOUS 9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability — If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment — Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 9.5. Entire Agreement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all 5 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-113847A262E11 prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assi ng ment — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 9.7. Venue — The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law — This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9.9. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically 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. 71 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E1 1 ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in City of Clermont RFB 22-035 and any amendments thereto. 10.5. CONTRACTOR'S August 11, 2022 response to RFB 22-035. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 12th day of September , 2022. CITY OF CLERMONT Docu Signed by: 2 S 431F57D413554D6... DS Freddy Suarez, Procurement Services I ATTEST: DocuSigned by: T A flows 3AD7F34905B344A... Tracy Ackroyd Howe, City Clerk 7 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 WAYNE AUTOMATIC FIRE SPRINKLERS, INC. DocuSigned by: I bW V l�t.V'd Un, By: E8221CD1904F8455... (Signature) Print Name: Clayton Du rden Title: Inspections Manager Date: 9/12/2022 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E1 1 EXHIBIT A Bid 22-035 SECTION - C PRICE SCHEDULE _ NOTE: The quantities shown in the Price Schedule are estimates only. They may vary significantly from the actual quantities ordered by the City. Payment shall be for the units ordered, placed, and accepted by the City. By signing this form, the respondent fully acknowledges that there will be no additional compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the number of items authorized, ordered, placed, and accepted by the City I Clermont City Hall 1 Annual Inspection / Backflow Inspection 685 W. Montrose St. Clermont City Hall 2 Quarterly Inspection 685 W. Montrose St. Clermont Police Department 3 Annual Inspection / Backflow Inspection 3600 S. Hwy. 27 Clermont Police Department 4 Quarterly Inspection 3600 S. Hwy. 27 Clermont Fire Department Administration 5 Annual Inspection / Backflow Inspection 439 E. Hwy. 50 Clermont Fire Department Administration 6 Quarterly Inspection 439 E. Hwy. 50 Fire Station 1 7 Annual Inspection / Backflow Inspection 439 E. Hwy. 50 Fire Station 1 8 Quarterly Inspection 439 E. Hwy. 50 Fire Station 2 9 Annual Inspection / Backflow Inspection 2200 Hartwood Marsh Rd. Fire Station 2 10 Quarterly Inspection 2200 Hartwood Marsh Rd. Fire Station 3 11 Annual Inspection / Backflow Inspection 2155 Legends Way RFB No: 22-035 Page 15 of 33 1 1 $ 500.00 3 1 $ 200.00 1 I. $ 300.00 3 1 $ 125.00 1 1 $ 200.00 3 $ 100.00 1 $ 200.00 I 3 $ 100.00 1 $ 200.00 3 $ 100.00 $ 500.00 $ 600.00 $ 300.00 $ 375.00 $ 200.00 $ 300.00 $ 200.00 $ 300.00 $ 200.00 $ 300.00 1 $ 200.00 1 $ 200.00 8/1/2022 6:37 AM p. 24 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 City of Clermont Bid 22-035 SECTION — C PRICE SCHEDULE -,& Extended Price Fire Station 3 $ 100.00 $ 300.00 12 Quarterly Inspection 3 2155 Legends Way Fire Station 4 $ 300.00 $ 300.00 13 Annual Inspection / Backflow Inspection 1 13341 Hartle Road Fire Station 4 $ 150.00 $ 450.00 14 Quarterly Inspection 3 13341 Hartle Road $ 100.00 Historic Village Library $ 100.00 15 Annual Inspection / Backflow Inspection 1 490 West Ave. Historic Village Library $ 100.00 $ 300.00 16 Quarterly Inspection 3 490 West Ave. Highlander /Waterfront Pavilion $ 225.00 $ 225.00 17 Annual Inspection / Backflow Inspection 1 330 Third Street Highlander (Waterfront Pavilion $ 100.00 $ 300.00 18 Quarterly Inspection 3 330 Third Street Lake Hiawatha 1A $ 225.00 $ 225.00 19 Annual Inspection / Backflow Inspection 1 450 Lake Minneola Shores Dr. $ 300.00 Lake Hiawatha 1A $ 100.00 20 Quarterly Inspection 3 450 Lake Minneola Shores Dr. $ 225.00 $ 225.00 Lake Hiawatha 1 B 21 Annual Inspection / Backflow Inspection 1 451 Lake Minneola Shores Dr. Lake Hiawatha 1 B $ 100.00 $ 300.00 22 Quarterly Inspection 3 451 Lake Minneola Shores Dr. Environmental Services Administration $ 200.00 $ 200.00 23 Annual Inspection / Backflow Inspection 1 3335 Hancock Rd. Environmental Services Administration $ 100.00 $ 300.00 24 Quarterly Inspection 3 i�3335 Hancock Rd. RFB No: 22-035 Page 16 of 33 8/1/2022 6:37 AM p. 25 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 City of Clermont SECTION — C PRICE SCHEDULE Clermont City Center 25 Annual Inspection / Backflow Inspection 1 $ 200.00 $ 200.00 620 W. Montrose Street 3 $ 100.00 Clermont City Center 26 Quarterly Inspection $ 300.00 620 W. Montrose Street Arts & Recreation Center 27 Annual Inspection / Backflow Inspection 1 $ 300.00 $ 300.00 1 3700 S. Hwy. 50 Arts & Recreation Center 28 . Quarterly Inspection 3 $ 150.00 $ 450.00 ` 3700 S. Hwy. 50 $ 8,250.00 Total Annual Price HOURLY LABOR RATES During Work Hours After Work Hours Weekends / Holidays 8:00 am to 5:00 pm 1 5:01 pm to 7:59 am 12:00 am to 11:59 Mon. — Fri. Mon. — Fri. pm I Service Rate Per Hour $ 115.00 $ 172.50 $ 172.50 Emergency Service $ 172.50 $ 172.50 Call Additional Fee (if any) $ 39.00 $ 39.00 $ 39.00 * Service Trip Charge Price for replacement parts: Contractor's cost plus percentage amount: 25.00% Price for 5-year valve inspection as per NFPA-25: $ $ 800.00 Warranty of service: One year RFB No: 22-035 Page 17 of 33 Bid 22-035 8/1/2022 6:37 AM p. 26 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 City of Clermont Bid 22-035 SECTION — C PRICF i4CHFrN 11 F By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and make available, at a minimum, the items set forth in this solicitation. Company Name (print): Wayne Automatic Fire Sprinklers, Inc Street Address: 222 Capitol Court, Ocoee, FL 34761 Mailing Address (if different): Telephone: 407-656-3030 Email: cdurden@waynefire.com Fax:407-656-8026 Payment Terms: 30 % days, net 30 FEIN: 59 _ 1824363 Professional. License No.: FPC14-000057 Signature: c� - Date: Print Name: Clay on Durden Title: Inspections Manager Does the respondent accept payment using the City's MASTERCARD? W Yes [:]No see note Note: 3% Surcharge applied to all credit card payments END OF SECTION — C RFB No: 22-035 Page 18 of 33 8/1/2022 6:37 AM p• 27 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 SECTION — B STATEMENT OF WORK The successful Contractor shall inspect and perform required service, including maintenance and repair and testing when appropriate, on all fire systems noted in this solicitation. Contractor shall be appropriately licensed for the work described in this RFB. 1 — SCOPE OF SERVICES The Contractor shall inspect all fire sprinkler/standpipe systems required in accordance with National Fire Protection Association (NFPA) most current edition adopted by the State of Florida. All services performed shall comply with the regulations of the State Fire Marshal, as they pertain to fire sprinkler/standpipes guidelines established by the manufacturer and the NFPA, shall be followed during inspection. Automatic sprinkler systems shall be inspected and/or serviced on a quarterly schedule. The Contractor shall notify Joe McMahon of the Public Services Department at (352) 267-2398 at least seventy-two (72) hours in advance of the date systems are to be serviced. All inspection reports must be signed by and a copy left with a Public Services employee. The Contractor shall be required to re -certify code compliant (at the time of installation) systems and shall inspect each system every three months. a. The Contractor shall be responsible for responding to routine service calls within seven (7) days without charge. The Contractor shall also be responsible for responding to emergency calls within four (4) hours. An extra charge, if applicable will be allowed for emergency calls. These charges shall be listed in Section C, Price Schedule. b. The Contractor shall immediately notify Joe McMahon of the Public Services Department concerning an emergency or service problem related to fire sprinkler systems at any City facility. c. As all units are utilized daily, inspection time will be limited from the hours of 8:30 A.M. to 4:30 P.M. Monday through Friday. Inspections will not be permitted on City holidays or weekends. The successful contractor must set a specific date and time with Joe McMahon of the Public Services Department at (352) 267-2398. Successful Contractor shall perform a complete inspection of all fire sprinkler systems consisting of the following: a. Inspect automatic sprinkler/standpipe systems every three months. Perform complete inspection service, tag and seal. s RFB No: 22-035 Page 10 of 33 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 SECTION — B STATEMENT OF WORK b. Prepare an itemized list of repairs, update requirements or other items necessary to meet required code compliance. This will include the total cost of all equipment, parts, and labor charges to bring the unit into code compliance standards. Approval to proceed with repairs must be obtained from the Public Services Department. This estimate must be included with the inspection report. No work shall be performed under the contract without a properly approved purchase order issued by the City of Clermont. Required activities included in rate for standard inspection services: a. Inspections 1. Visual inspection of all equipment to determine condition. 2. Visual inspections of all protected areas to determine conformity with installation standards or generally accepted practices. b. Testing 1. Water supply (main drain tests). 2. Water flow alarm tests. 3. Supervisory tests. 4. Trip tests of dry, pre -action and deluge systems (as required). 5. Cross -connection and pressure -loss tests of back flow prevention devices (annually). 6. Fire pump operational and performance tests -part of pump test (as required). 7. Low -air, priming water, detection system tests. C. Maintenance 1. Lubricate all control valves. 2. Replace missing fire department connection caps, as needed. 3. Drain all low points of dry or pre -action systems. 4. Replace missing valves signage (excluding hydraulic data plates), as necessary. d. Reporting 1. Detailed inspection reports prepared for each site. 2. Site name, date inspected, inspector's name, on site representative name. RFB No: 22-035 Page 11 of 33 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 SECTION — B STATEMENT OF WORK 3. "Yes", "No" or "Not Applicable" responses to items prescribed by NFPA 25. 4. Pressure readings and test results. 5. Description of all adjustments or no -cost repairs made while on site. 6. All items requiring repair or replacement listed under "Repair Items". 7. All other issues of conformance with installation codes or generally accepted practices listed under "Installation Code Observations". The successful Contractor shall comply with National Fire Protection Association (NFPA) Standards and all local building codes. This test shall include the quarterly and annual items recommended for sprinkler system certification. The awarded contractor shall coordinate efforts with the City's Fire Alarm System Contractor as needed. 2 — WARRANTY The successful Contractor agrees that, unless expressly stated otherwise, the product and/or service furnished as a result of an award from this solicitation shall be covered by the most favorable commercial warranty the vendor gives to any customer for comparable quantities (minimum 1-year warranty, per section 633.539 Florida Statutes). The Contractor hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. 3 — HOURS OF WORK AND AVAILABILITY The successful Contractor shall be required to be available twenty-four (24) hours a day, seven (7) days a week, and 365 days per year for emergency services. Payment for this service shall be in accordance with prices bid. Only time on the job site shall be invoiced. Authorized certified personnel shall respond at the site, within four (4) hours after receiving an emergency call. Contractor's authorized personnel shall sign in and out of a City facility with a designated person. The Contractor shall furnish all labor, equipment, transportation and materials when requested to provide inspection, repair and maintenance of fire sprinkler/standpipe systems. Any system modifications must be approved by the Planning and Zoning Department and the City's Fire Marshal prior to and upon completion for Code Compliance. RFB No: 22-035 Page 12 of 33 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 SECTION — B STATEMENT OF WORK Hourly labor rates shall include full compensation for labor of work performed for the required installation of repair parts. Hourly labor rates shall apply only to the installation of repair parts as itemized during the Contractor's inspection. The Contractor, as requested by the City, shall furnish materials. The City reserves the right to furnish materials to the contractor. All sprinkler/standpipe system parts replaced (therefore deemed un-repairable) shall be returned for inspection to the Public Services Department. The City reserves the right to not pay for parts not requiring replacing. All damaged parts returned shall be grouped and noted by site location to aid in service tracking. Material quality is expected to be commercial grade to meet respective codes and of such to accomplish the service work satisfactorily, as specified in the given scope of work for each job. The City reserves the right to set the standard of quality for materials for a given job. All materials used shall be billed at the Contractor's actual net cost plus the percentage amount. The Contractor shall be responsible for notifying the City's representative in writing of any conditions detrimental to proper and timely completion of work. Do not proceed with work until unsatisfactory conditions have been corrected. 4 — LICENSE AND SECURITY The Contractor performing service for the City shall have all applicable licenses and certifications required by the State of Florida Fire Marshall's Office. The contractor shall submit a copy of each license with their bid response. The contractor shall furnish proof that permits from the State Fire Marshall have been issued to each of their employees, who shall perform services for the City, with all federal, state and local codes. The Contractor shall provide and supervise qualified, productive and properly trained personnel. The Contractor shall be responsible for the proper appearance and conduct of its employees while on City premises. The Contractor agrees that any employee who violates this consideration shall immediately be dismissed from the job site. Staff found in areas (s) away from the designated work area (s) shall be escorted from the job site, and may not be allowed to return on this contracted project. The Contractor staff may be required to pass a criminal background check. It is the contractor's responsibility to ensure all employees are legally allowed to work in the United Sates in accordance with Immigration Policies. All City buildings are smoke free. Smoking is prohibited. RFB No: 22-035 Page 13 of 33 DocuSign Envelope ID: E35A3ED4-6B43-4CF0-B4CF-1 B847A2B2E11 SECTION — B STATEMENT OF WORK The Contractor shall ensure every employee on the Contractor's work force is provided a photo identification badge. This badge must be worn at all times outside of their uniform when on City property. All employees shall adhere to City's security standards. The successful Contractor is hereby notified that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol is prohibited on any City property. Violations may subject the Contractor and/or the Contractor's employees to prosecution, fines, imprisonment and/or termination of this or any other contract the contractor presently holds with the City. 5 — SERVICE LOCATIONS Locations to be serviced are stated below. Although this solicitation and resultant contract identifies specific facilities to be serviced, it is hereby agreed and understood that any City building facility may be added at the option of the City. When required, the Contractor shall be invited to submit a price quote for additional locations. If these quotes are determined to be fair and reasonable, then the additional work will be added to the contract. Clermont City Hall Clermont Police Dept. Clermont Fire Dept. Admin. 685 W. Montrose Street 3600 S. Hwy. 27 439 E. Hwy. 50 Fire Station 1 Fire Station 2 Fire Station 3 439 E. Hwy. 50 2200 Hartwood Marsh Rd. 2155 Legends Way Fire Station 4 Historic Village Library Highlander Pavilion 13341 Hartle Rd. 490 West Ave. 330 Third Street Lake Hiawatha 1A Lake Hiawatha 1 B Environmental Services Dept. 450 Lake Minneola 451 Lake Minneola 3335 Hancock Rd. Shores Dr. Shores Dr. Clermont City Center Arts & Recreation Center 620 W. Montrose St. 3700 S. Hwy. 27 END OF SECTION — B RFB No: 22-035 Page 14 of 33