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R25-180 1 RESOLUTION NO. R25-180 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 5 DONERITE PUMPS, INC. FOR ELECTRIC MOTOR PUMP REPAIR & 6 INSTALLATION SERVICES, FOR AN AMOUNT NOT TO EXCEED 7 $45,000.00 ANNUALLY UNTIL APRIL 21, 2028; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, the City requires maintenance and repairs of electric pumps used for sewage 11 lift stations; and 12 WHEREAS, the City of Delray Beach issued a "Invitation to Bid" (ITB No. 2025-024) for 13 Electric Motor Pump Repair &Installation Services and entered into an agreement with DoneRite 14 Pumps, Inc. ("Vendor") for Electric Motor Pump Repair &Installation Services; and 15 WHEREAS, the requested Piggyback Agreement with the Vendor is necessary to the 16 functions of the City; and 17 WHEREAS, the services provided by the Vendor include inspection, troubleshooting, 18 removal and installation of pump systems, warranty services, welding services, and emergency 19 repair services as needed; and 20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 21 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 22 Vendor to provide the City with Electric Motor Pump Repair&Installation Services, with an annual 23 amount not-to-exceed $45,000.00, until April 21, 2028. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT: 26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve the Piggyback Agreement between Vendor and the City for Electric Motor Pump Repair 30 & Installation Services, with an annual amount not-to-exceed $45,000.00 until April 21, 2028 (the 31 "Agreement"), in form and substance similar to that attached as Exhibit A. 32 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 34 execute any ancillary documents required under the Agreement or necessary to accomplish the 35 purposes of this Resolution. 36 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 37 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 38 Taralyn Pratt for forwarding to the Vendor. 39 SECTION 5. This Resolution shall take effect in accordance with law. 40 41 PASSED AND ADOPTED this /S-441 day of J1LLU 2025. 42 CITY OF BOYNTON BEACH, FLC RIDA 43 YES NO 44 Mayor— Rebecca Shelton 45 46 Vice Mayor—Woodrow L. Hay 47 48 Commissioner—Angela Cruz 49 50 Commissioner—Aimee Kelley 51 52 Commissioner—Thomas Turkin 53 54 T 55 ATT S • 56 x,000 CC 58 Maylee De sus, MPA, MC Rebecca Shelton City Mayor Clerk ( / Ma or 60 OF g�Yl*T 61 19/1/ APPROVED AS TO FORM: i�� .•GORP0 .. V �� 62 (Corporate Seal) ;(;. S <"*. lb 63 E inicoRpr, : hifkiG 64 h 65 I'4 • 920 TD. Shawna G. Lamb 66 ,I CityAttorney= City of Boynton Beach Contract # 25- 061 PB tON PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DONERITE PUMPS, INC. This Piggyback Agreement is made as of this a0 day of I dY , 2025, by and between DoneRite Pumps, Inc., a Florida Profit Corporation authorized to transact business in the State of Florida with a principal address of 4240 N.W. 133 St. Ste D & E, Opa-locka, FL 33054, hereinafter referred to as "Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS, on April 22, 2025, City of Delray Beach issued an "Invitation to Bid" (ITB) No. 2025-024 to solicit responses from qualified contractors for electric motor pump repair, for which they received a total of three (3) responses; and WHEREAS, the City of Delray Beach found DoneRite Pumps, Inc. ("Vendor") to be a responsive, responsible bidder and awarded it a three (3) year contract from April 22, 2025, through April 21, 2028, and may be renewed for two (2) additional one-year period(s), through April 22, 2030, (ITB) No. 2025-024, ("Master Agreement"); and WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, to provide electric and pump repairs to the City's irrigation systems for the Public Works Department, the City's Public Works Department desires to enter into a Piggyback Agreement with the Vendor for the City's electric motor and pump repair services for the City's irrigation systems on an as-needed basis; and WHEREAS, the Vendor has agreed to allow the City to piggyback the Master Agreement, a copy of the Master Agreement, and all Amendments to the Master Agreement are attached as Exhibit "A." NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Piggyback Contract—Electric Motor Pump Repairs I City of Boynton Beach Contract # 25- 061 PB AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties and will remain in effect until April 21, 2028. The Agreement may be renewed for two (2) additional one-year period(s) upon the mutual consent of both parties. The Mayor is authorized to execute any renewal amendments. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "City of Delray Beach" are hereby replaced with the "City of Boynton Beach." The City shall compensate the Vendor for all Services ordered on an as-needed basis pursuant to the rates set forth in the Vendor's Proposal attached hereto as Exhibit "B," in an amount not to exceed Forty-Five Thousand Dollars ($45,000.00) per year. The City Manager is authorized to execute ordering documents up to the annual not to exceed amount. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Vendor: DoneRite Pumps, Inc. Contact Name: Luis Navarro, Corp. President 4240 NW 133 Street, Ste D & E Opa-locka, FL 33054 Telephone: (305) 953-3380/Email: donritepumps(gmail.com Piggyback Contract—Electric Motor Pump Repairs 2 City of Boynton Beach Contract # 25- 061PB 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax-exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; Piggyback Contract—Electric Motor Pump Repairs 3 City of Boynton Beach Contract # 25- 061 PB B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CitvClerkCc bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Piggyback Contract—Electric Motor Pump Repairs 4 City of Boynton Beach Contract # 25- 061PB 11. E-VERIFY: VENDOR shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including Piggyback Contract—Electric Motor Pump Repairs 5 City of Boynton Beach Contract # 25- 061PB appellate proceedings, and shall pay all costs,judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any special damages, speculative damages, indirect, special, incidental, consequential, loss of profits, or other damages or losses of any kind whatsoever, no matter what the cause. 20. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes.Non-compliance may constitute a material breach of the Agreement. 22. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 23. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 24. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth Piggyback Contract-Electric Motor Pump Repairs 6 City of Boynton Beach Contract # 25- 061 PB the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 25. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 26. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. Signature Page to follow Piggyback Contract—Electric Motor Pump Repairs 7 City of Boynton Beach Contract # 25- 061 PB IN WITNESS OF THE FOREGOING, the parties have set their hands and sealed the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA DONERITE PUMPS, INC. / L.,„ 1/4 Reca Netfn, Mayor (Signature) DoneRite Pumps, Inc. Lus ► G110 Print Name of Authorized Official CaP, Fdeit Approved as to Form: Title .5AW/ia Xtinh Shawna G. Lamb, City Atto OF BOk (Corporate Seal) oRpo. .Dm. . /tiCO � ^:w ; R,o 7 ' j9 �T5 � Attest/Authenticated: Attested/Authenticated: 0,0 ..... (Signature), Witness 1 tr -E7 i,404Y) Mayleti D esus, City 2Jk Print Name Piggyback Contract—Electric Motor Pump Repairs 8 City of Boynton Beach Contract # 25- 061PB EXHIBIT "A" MASTER AGREEMENT BETWEEN CITY OF DELRAY BEACH AND DONERITE PUMPS, INC. Piggyback Contract—Electric Motor Pump Repairs 9 `A O Delray Beach ` ,54 �� CITY OF DELRAY BEACH Florida oab gity O ,',. = PURCHASING AND CONTRACT ADMINISTRATION DIVISION I f V 100 N.W.15T AVENUE•DELRAY BEACH•FLORIDA 33444 II '• ��4P IIy��94 1993.2001.2017 NOTICE OF INTENT TO AWARD POSTED: March 31, 2025 TO: All Bidders RE: Notice of Intent to Award Invitation to Bid (ITB) No. 2025-024 Bid Title: electric motor Pumps Repairs Bid Amount: $1,764,800.00 Term: Initial three(3) year term with two (2) one (1)year renewals The City of Delray Beach, Florida announces its intent to award the contract for the subject Invitation to Bid, issued by the Purchasing and Contract Administration Division,to the following bidder/proposer: • Donerite Pumps The responsible and responsive offeror/bidder whose bid was determined in writing to be the most advantageous is indicated. This Notice of Intent to Award is subject to execution of a written contract and, as a result, this Notice does NOT constitute the formation of a contract between the City of Delray Beach (hereinafter the"City") and the apparent successful vendor/proposer. If the apparent successful vendor fails to negotiate and execute a contract with the City,the City may revoke the award and award the contract to the next highest ranked and/or lowest vendor or withdraw the ITBC altogether. The City of Delray Beach further reserves the right to cancel this Notice of Intent to Award at any time prior to the execution of a written contract. An offeror/bidder who wishes to protest this Notice of Intent to Award must file the protest within three (3) calendar days from the posting of this notice.A protest shall be in writing and shall indicate the specific facts, circumstances, and grounds that demonstrate that the contract award by the City would be unlawful or unfair to the detriment of the protester Formal written protests shall not exceed 15 type-written pages (including exhibits and attachments) and in all other respects shall comply with the formatting requirements for an appellate brief as set forth in the Florida Rules of Appellate Procedure and the City's Purchasina Division Policies and Procedures. We thank you for participating in this competitive selection process. For information about this notice, please contact the undersigned. Sincerely, Casetra Thompson E-mail: thomosonc( mvdelravbeach.com Telephone: 561-243-7163 SERVICE • PERFORMANCE • INTEGRITY • RESPONSIBLE • INNOVATIVE • TEAMWORK 2025-024-Electric Motor&Pump Repair Services Confirmation Number:0000277656 Your bid for solicitation"2025-024-Electric Motor&Pump Repair Services"has officially been submitted. Bid Submission Date:02/04/2025 02:07 PM EST Confirmation Number:0000277656 Take note that you can withdraw and modify your bid up until the solicitation's closing date set for 02/12/2025 02:00 PM EST. 02/04/2025 02:08 PM EST Page 1 of 1 City of Boynton Beach Contract # 25- 061 PB EXHIBIT "B" ITB NUMBER 2025-024 VENDOR'S PROPOSAL Piggyback Contract—Electric Motor Pump Repairs 10 City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs to O = The City of Delray Beach 100 NW 1st Avenue Defray Beach,FL 33444 PURCHASING AND CONTRACT ADMINISTRATION DIVISION INVITATION TO BID ITB NO.: 2025-024 TITLE: ELECTRIC MOTOR PUMP REPAIRS DUE DATE AND TIME: FEBRUARY 12, 2025, 2:00 p.m. (LOCAL TIMET INSTRUCTIONS Bids must be received on or before the due date and time(local time).All Bids will be publicly opened at City Hall, unless otherwise specified.The City will only accept electronic bids. The City will only accept electronic submittals for this Invitation to Bid(ITB). ITB's will be accepted through a secure mailbox at BidNet Direct www.bidnetdirect.com//cityofdelraybeach until the Due Date and Time indicated in this ITB. BidNet Direct does not accept electronic Bids after the Due Date and Time. It is the sole responsibility of the Bidder to ensure its electronic Bid submission is complete prior to the solicitation Due Date and Time. Electronic submission of bids will require the uploading of forms and/or attachments as designated in this ITB. Electronic submission must include a signed original of the Solicitation Summary form.The submission of forms and attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate file. If the Solicitation Summary form is not included,the City may deem the Bid non-responsive. Bids must contain all information required to be included in the submittal,as described in this Solicitation. BROADCAST The City of Delray Beach utilizes electronic online services for notification and distribution of its Solicitation documents. The City's Solicitation information can be obtained from: (a) BidNet Direct www.bidnetdirect.com//citvofdelravbeach; (b) Purchasing webpage on the City of Delray Beach https://www.delravbeachfl.Rov/government/citv-departments/purchasing/current-bids-solicitations;(c) Request via email thompsonc@mvdelravbeach.com. Bidders who obtain Solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be incomplete. The City may not evaluate incomplete Bid packages. BidNet Direct is an independent entity and is not an agent or representative of the City. Any technical issues must be submitted to BidNet Direct by contacting (800) 990-9339 (toll free) or City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs www.bidnetdirect.com//cityofdelraybeach . The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. Communications to any independent entities does not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the Solicitation documents,the terms and conditions of the documents will prevail. CONTACT PERSON Any questions regarding the specifications and Solicitation process must be submitted through the "Question" feature on www.bidnetdirect.com//citvofdelravbeach . Requests for clarification and additional information must be received prior to the Deadline for Submission of Questions on January 31, 2025,at 5:00p.m. (LOCAL TIME). [The remainder of this page is intentionally left blank] City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs V V The City of Delray Beach 100 N.W.1st Avenue Delray Beach,FL 33444 LEGAL ADVERTISEMENT INVITATION TO BID ITB NO.2025-023 ELECTRIC MOTOR PUMP REPAIRS The City of Delray Beach is seeking Bids from qualified contractors for electric pump repair services in accordance with the terms,conditions,and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning January 17, 2025 on the Purchasing webpage on the City of Delray Beach httos://www.delravbeachfl.gov/government/citv-departments/purchasing/current- bids-solicitations,on the BidNet Direct www.bidnetdirect.com//citvofdelravbeach;via email request to thompsonc@mydelraybeach.com. Submission of Bids electronically will be through a secure mailbox at BidNet Direct www.bictdirect com//ci�yofdelraybeach)until the Deadline for Submission as indicated in this ITB.The Due Date and Time for submission of Bids is February 12,at 2:00 P.M.(Local Time). Late Proposals will not be accepted. The City will only accept electronic Proposals for this ITB. It is the responsibility of the Bidder to ensure all pages are included in the submission. All Bidders are advised to closely examine the Solicitation package. Any questions regarding the completeness or substance of the Solicitation package or scope of services must be submitted using the 'Question' feature on www,bidnetdirect.com//cityofdelraybeach The City will not hold a Pre-Bid Conference. The City of Delray Beach is exempt from Federal and State Taxes for tangible personal property tax. The City of Delray Beach reserves the right to accept or reject any or all Bids, in whole or in part, with or without cause,to waive any irregularities and/or technicalities,and to award the contract on such coverage and terms it deems will best serve the interests of the City. CITY OF DELRAY BEACH City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs TABLE OF CONTENTS SECTION 1. Special Terms and Conditions 2. Scope of Services 3. Bid Submittal 4. Pricing Schedule 5. Minimum Qualifications 6. Response Requirements 7. Acknowledgement of Addenda 8. Bid Submittal Signature Page 9. Affidavits, Performance and Payment Bonds Format, Letter of Credit Format 10. Sample Agreement Format 11. General Terms and Conditions 12. Exhibits 13. SOLICITATION SUMMARY(MUST BE INCLUDED IN THE ELECTRONIC BID PACKAGE) City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 1 SPECIAL TERMS AND CONDITIONS 1.1 PURPOSE The purpose of this Solicitation is to receive responses from qualified respondents to provide Electric Motor & Pump Repairs Services in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. 1.2 CONTRACT MEASURES AND PREFERENCES Intentionally Omitted 1.3 PRE-BID CONFERENCE AND SITE VISIT The City will not hold a Pre-Bid Conference 1.4 TERM OF CONTRACT The Contract shall commence upon the date of the duly executed Agreement and shall remain in effect for a term of three(3)years. 1.5 OPTIONS TO RENEW Upon mutual agreement of the City and the awarded Bidder,the Agreement may be renewed for two(2)additional one (1)year period(s). 1.6 METHOD OF AWARD:<LOWEST PRICE> The City will award this contract to the responsive and responsible Bidder who submits the lowest price to perform the work. Vendors must bid on ALL line items within all Groups to be considered responsive to the bid requirements.The City's intent is to award this contract by TOTAL PRICE,the sum of all line items within all Groups,to the low responsive, responsible bidder. Bidders must indicate "No Charge" in the"Notes for Buyer"section in Bidnet Direct on items that are included at no additional charge by place$0.00 in the offer field. 1.7 PRICES SHALL BE FIXED AND FIRM If the Bidder is awarded a contract under this Solicitation,the prices offered by the Bidder shall remain fixed and firm during the performance of the Work, notwithstanding price adjustments made in accordance with Section 1.8. 1.8 PRICE ADJUSTMENTS BASED ON GOVERNMENTAL PRICE INDEX If the Bidder is awarded a contract under this Solicitation,the prices offered by the Bidder shall remain fixed and firm for the initial term during the performance of the Work, except for any change orders or variations,which must meet the prior approval and authorization of the City. City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. After the initial three-year term, during the ninety (90) day period prior to each annual renewal of the contract effective date,the Vendor may submit a written request that the City increase the prices for an amount for no more than the twelve months change in the following pricing index: All-Urban Consumers Price Index(CPI-U)(National)as published by the Bureau of Labor Statistics, U.S. Dept.of Labor. 1.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT The Bidder is advised to carefully examine any drawings, specifications, or equipment, and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract. No additional allowances will be made because of lack of knowledge of these conditions. 1.10 EQUAL PRODUCTS The manufacturer's name, brand name and/or model number information contained in this Solicitation are being used for the sole purpose of establishing the minimum requirements of the level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material and quality. This specific Solicitation requires submission of the following documentation to enable City evaluation of "equal" products: 1. Product information sheets 2. Product Samples Upon Specific Request If an "equal" product may be considered by the City, the item shall be equal in quality and standards of performance to the item specified in the Solicitation. Where an "equal" item is offered,and product information sheets are required,the initial offer must be accompanied with complete product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures). Also, for product information submittals, all supporting documentation submitted by the Bidder must in total meet the required specifications set forth in this Solicitation. Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the Bidder shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item it is offering, and the item described by the standard product literature, to substantiate compliance to all the specifications set forth in this Solicitation.In such cases,any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the Solicitation specifications. If samples of all "or equal"items Bid are required for evaluation,such items are to be provided at no cost to the city and should be provided at the time of specific request by the City. Failure to meet this requirement may result in Bidder's offer being rejected. 1.11 INSURANCE The awarded bidder shall not commence any performance pursuant to the terms of this solicitation until certification or proof of insurance has been received and approved by the City's Risk Coordinator or designee. City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida,with the minimum rating of A-VIII or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Delray Beach shall be notified at least thirty(30)days in advance of cancellation, non-renewal,or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Proposer's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Delray Beach. The awarded bidder must submit a current Certificate of Insurance, naming the City of Delray Beach as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The awarded bidder shall provide insurance coverage as follows: a. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY Workers Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law"of the State of Florida and all applicable Federal laws. The City reserves the right not to accept exemptions to the Workers Compensation requirements of this solicitation. Employer's Liability Insurance with a limit of not less than $100,000 for each accident, $100,000 for each occurrence,and$500,000 in the aggregate. b. COMPREHENSIVE GENERAL LIABILITY Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00); and include Products/Completion Liability of One Million Dollars ($1,000,000). Such certificate shall list the City as additional insured. NOTE: If Comprehensive General Liability limits are less than One Million Dollars ($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than One Million Dollars($1,000,000.00). c. AUTOMOBILE LIABILITY Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Million Dollars($1,000,000.00)each occurrence. d. PROFESSIONAL LIABILITY Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000)annual aggregate. The awarded bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Delray Beach as an additional insured. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best's rating of A-VIII or better.All insurance policies shall name City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs the City of Delray Beach as an additional insured. The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation,lapse or material modification.All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Division located at 100 N.W. 1s`Ave., Delray Beach, FL 33444. 1.12 METHOD OF PAYMENT: The awarded Bidder shall submit an invoice to the City for progress payments for work that has been completed and has been inspected and accepted by the City. The date of the invoices shall not exceed thirty (30) calendar days from the completion of that portion of the work. Under no circumstances shall the invoice be submitted to the City in advance of the completion and acceptance of the work. The invoice shall contain the following basic information:the awarded Bidder's name and address, invoice number, date of invoice, description of the goods or service, the contract number, purchase order number, and any discounts. The City prides itself on paying its vendors promptly and efficiently, and as such requires that vendors accept payment via wire transfer, ACH (direct deposit), or an appropriate electronic payment method. The City is averse to issuing paper checks and seeks to discontinue this practice. All payments shall be made in accordance with the Florida Prompt Payment Act,Section 218.74, Florida Statutes, upon presentation of a proper invoice by the awarded Bidder. 1.13 WARRANTY REQUIREMENTS: In addition to all other warranties that may be supplied by the Bidder,the awarded Bidder shall warrant its products and/or service against faulty labor and/or defective material,for a minimum period of one (1) year from the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full period;regardless of whether the awarded Bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the services received from the awarded Bidder does not constitute a waiver of these warranty provisions. 1.14 ADDITIONAL FACILITIES OR PRODUCTS Although this Solicitation and resultant Contract may identify specific facilities or products, it is hereby agreed and understood that any City department or agency facility or related product may be added to this Contract at the option of the City,for similar products or services.The awarded Bidder shall be invited to submit price quotes for these additional facilities or products. If these quotes are determined to be fair and reasonable,then the additional work will be awarded to the awarded Bidder by formal modification of the Contract or Purchase Order. The City may determine to obtain price quotes for the additional facilities from non-contract awarded Bidder(s) in the event that fair and reasonable pricing is not obtained from the awarded Bidder,or for other reasons,at the City's discretion. 1.15 DEMONSTRATION OF EQUIPMENT Intentionally Omitted 1.16 HOURLY RATE City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs Any hourly rate quoted shall be deemed to provide full compensation to the awarded Bidder for labor,equipment use,travel time,and any other element of cost or price.This rate is assumed to be at straight-time for all labor,except as otherwise noted. 1.17 PATENTS AND ROYALTIES The awarded Bidder, without exception, shall indemnify and hold harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or as a result of, any copyrighted, patented, or unpatented invention, process, or article manufactured by the awarded Bidder.The awarded Bidder has no liability when such claim is solely and exclusively due to the combination,operation,or use of any article supplied hereunder with equipment or data not supplied by awarded Bidder, or is based solely and exclusively upon the City's alteration of the article. The City will provide prompt written notification of a claim of copyright or patent infringement. Further,if such a claim is made or is pending,the awarded Bidder may,at its option and expense, procure for the City the right to continue use of, replace or modify the article to render it noninfringing. (If none of the alternatives are reasonably available,the City agrees to return the article on request to the awarded Bidder and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the awarded Bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the contract prices shall include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. 1.18 RELEASE OF CLAIM REQUIRED Pursuant to Section 255.05,Florida Statutes,all payments to the awarded Bidder's subcontractors shall be made within ten(10)days of receipt of the partial payment by the awarded Bidder.With the exception of the first partial payment, the awarded Bidder must pay all of its subcontractors and suppliers who have performed any work or supplied any materials for the project within ten (10) days after receipt of the partial payment by the awarded Bidder for monies due such subcontractors and suppliers as a result of a percentage of the work completed. The awarded Bidder must provide the City's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous partial payments to the awarded Bidder. In the event such affidavits cannot be furnished, the awarded Bidder may submit an executed consent of surety to requisition payment;identifying the subcontractors and suppliers with the amounts for which the statement of satisfaction cannot be furnished. If the awarded Bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished,or the consent of surety to requisition payment is furnished. 1.19 TRANSFER PROHIBITED Contractor shall not assign,transfer,convey,sublet,or otherwise dispose of the Agreement,or of any or all of its rights, title or interest herein, or its power to execute such Agreement to any person,company or corporation,without prior written consent of the City. 1.20 OTHER FORMS OR DOCUMENTS City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder's forms or documents. 1.21 FAILURE TO DELIVER OR COMPLETE WORK Should the awarded Bidder fail to deliver or complete the work within the time stated in the Contract, it is hereby agreed and understood that the City reserves the authority to cancel the Contract with the awarded Bidder and secure the services of another vendor to purchase the items or complete the work. If the City exercises this authority,the City shall be responsible for paying the awarded Bidder for work which was completed,and items delivered and accepted by the City in accordance with the Contract specifications. The City may, at its option, demand payment from the awarded Bidder, through an invoice or credit memo,for any additional costs over and beyond the original Contract price,which were incurred by the City,as a result of having to secure the services of another vendor. 1.22 CORRECTING DEFECTS The awarded Bidder shall be responsible for promptly correcting any deficiency,at no cost to the City,within three (3) calendar days after the City notifies the awarded Bidder of such deficiency in writing. If the awarded Bidder fails to correct the defect,the City may procure the products or services from another source and charge the awarded Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. 1.23 PRESERVATION OF PROPERTY The awarded Bidder shall preserve from damage all property along the line of the work,or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged due to the activities of the awarded Bidder, it shall be immediately restored to its original condition by the awarded Bidder at no cost to the City.In case of failure on the part of the awarded Bidder to restore such property, or make good such damage for injury,the City may,after 48 hours'notice to the awarded Bidder, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due, or which may become due the awarded Bidder under this contract. 1.24 OMISSIONS IN SPECIFICATIONS The Statement of Work or description of items contained within this Solicitation describes the various work requirements deemed necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the Specifications and/or Statement of Work shall not relieve the awarded Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project. END OF SECTION 1 City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 2 SCOPE OF WORK/SCOPE OF SERVICES 2.1 SCOPE The City of Delray Beach, through its Utilities Department, seeks a firm to provide quality Electric and Motor Pump Repair Services. The Scope of Services includes the following: Bidder shall retain in their direct employ technicians with a minimum of 5 years' experience and training in rebuilding electric motors and pumps to factory specifications for a variety of manufacturers including but not limited to Marathon,Barnes,Centri-pro,Franklin,Goulds, Fairbanks- Morse, Baldor, Westinghouse, Leeson, US Motors, Emerson, Allis Chalmers, Armstrong, A.O. Smith, Reliance, Magnatek, Century, Optima HE Plus, General Electric, Bell and Gossett, Armstrong, Taco, Aurora, Cornell, and Gorman Rupp. Service provider shall pick up motors/pumps from City at no additional cost. Upon completion of work, service provider shall deliver motor/pumps to the City. Scope of services shall include but not be limited to diagnosis, repair, rebuild, and installation of electric motors and pumps. Service provider shall also be capable of performing the following additional services: 1.Warranty Services-Rebuilder shall be a factory authorized warranty center for major motor manufacturers. Provide list of manufacturers with bid submittal and documentation from the manufacturer that firm is authorized as a warranty center. 2.Capable of repair and rebuild of electric motors up to 350 HP.Capable of overnight repairs or rebuilding of electric motors. 3. Facility and staff to provide repairs and/or rebuilt motors to factory specifications. 4. Ability to provide in-house welding services to include but not limited to TIG, MIG, and welding of steel,aluminum,cast iron,stainless steel,and bronze. 5.Stock spare parts for electric motors and pumps. 6. Bench performance test of rebuilt electric motors,including documentation of conformance with factory specifications. 7. Pump removal,at additional cost to the City;and delivery service, if needed. The awarded Bidder(hereinafter in this Scope of Services referred to as Vendor)shall provide all labor, materials,facilities, equipment,supplies,and travel for the work. 2.2 MINIMUM REQUIREMENTS Vendor shall provide the following services: END OF SECTION 2 City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 3 EXHIBITS EXHIBIT A END OF SECTION 3 City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 4 BID SUBMITTAL SIGNATURE PAGE This Page and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested in this Invitation to Bid. There is no need to include the preceding Sections 1 and 2 in your Bid Submittal package. By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: , rhe Street Address: '14 - -k C) t•`Q) Pp-ID <-7% , -4Ce, OGP<-o C, .e , Trt - - P Os£4 I Mailing Address(if different than Street Address): Telephone Number(s): (' Fax Number(s): C' l �S� M(4"- a Email Address: `)a►'+�-(eC-C lV u c-i-`3 �.�(vL-�h t�- . G�1-4 Federal Employer Identificati Number: 4' - Signature: (Signature of authorized agent) Print Name: LV S v Title: Q—V - 0 By signing this document,the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 120 DAYS,AND THE BIDDER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY,HOWEVER,IN ITS SOLE DISCRETION,ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. END OF SECTION 4 City of Delray Beach ITB No.2025-023 Electric Motor Pump Repairs SECTION 5 PRICING SCHEDULE 5.1 PRICES AND RATES Bids will be accepted through a secure mailbox at Bidnet Direct (wyww.bislietdirect.com//cityofdelravbeach) until the Deadline for Submission as indicated in this ITB. The City will only accept electronic bids for this ITB. Late Bids will not be accepted. In addition to the "Place Offer" bid submission section,the Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below: Group-lElectric Motor Repair Services — 600 Volt and Less Item Description Estimated Unit of Unit Extended Total No. Annual Measure Price Quantity 1. Shop, Hourly Labor Rates,Straight Time Hours, 1000 Hours x $/hr = $3V,0O0 00 7:00 A.M through 7:00 P.M, Monday through r Uc) Friday. 2. Shop, Hourly Labor Rate, Non-Standard 40 Hours x $/hr =$ l6 DO. 00 Business Hours, 7:01 P.M through 6:59 A.M, weekends,all day Saturday and Sunday, or DC) during County observed holidays. 3. Field, Hourly Labor Rates,Straight Time Hours, 100 Hours x $/hr = $ .80° • Do 7:00 A.M through 7:00 P.M, Monday through �� 00 Friday. 4. Field, Hourly Labor Rate, Non-Standard 40 Hours x $/hr =$ - 0 Business Hours, 7:01 P.M through 6:59 A.M, CO weekends, all day Saturday and Sunday, or during County observed holidays. 5. Teardown & Inspection Charges(Shop), Hourly 100 Hours x $/hr = $25b0 . 00 Labor Rate ,3`- 00 6. Teardown& Inspection Charges (Field), Hourly 100 Hours x $/hr =$ , 00 Labor Rate f • 00 TOTAL GROUP 1: $14-' ,?1I 0.0C r Group 2 — Synchronous Motor Repair Services 7. Shop, Hourly Labor Rates, Straight Time Hours, 500 Hours x $/hr = $ lig , 460 .00 7:00 A.M through 7:00 P.M, Monday through 7 � 00 Friday 8. Shop, Hourly Labor Rate, Non-Standard 40 Hours x $/hr =$ Business Hours, 7:01 P.M through 6:59 A.M,weekends, all day -7fi'00 Saturday and Sunday, or during County observed holidays. City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs 9. Field, Hourly Labor Rates,Straight Time Hours, 500 Hours x $/hr =$ Ic\ ,000.06 7:00 A.M through 7:00 P.M, Monday through • OD Friday. 10. Field, Hourly Labor Rate, Non-Standard 40 Hours x $/hr =$ •DU Business Hours,7:01 P.M through 6:59 A.M,weekends,all day ��_Ck.j Saturday and Sunday,or during County observed holidays. 11. Teardown &Inspection Charges(Shop), Hourly 100 Hours x $/hr =$ 95O°'1 t Labor Rate •vv 12. Teardown&Inspection Charges(Field), Hourly 100 Hours x $/hr Ap = $ 7-5 0.0 .0 0 Labor Rate TOTAL GROUP 2: $t l . O lE o •c,5 Group 3—Pumps 1000 Gallons per Minute Flow Capacity or Less 13. Shop, Hourly Labor Rates,Straight Time Hours, 500 Hours x $/hr =$ Iq,D4C)•00 7:00 A.M through 7:00 P.M, Monday through OD Friday 14. Shop, Hourly Labor Rate, Non-Standard 40 Hours x $/hr =$ (S')O • 00 Business Hours,7:01 P.M through 6:59 A.M,weekends, all day 6 0 Saturday and Sunday,or during County observed holidays 15. Field, Hourly Labor Rates,Straight Time Hours, 500 Hours x $/hr =$ tg I oco. 00 7:00 A.M through 7:00 P.M, Monday through -00 Friday. 16. Field, Hourly Labor Rate, Non-Standard 40 Hours x $/hr =$ (5'av' 00 Business Hours,7:01 P.M through 6:59 A.M,weekends,all day _00 Saturday and Sunday,or during County observed holidays. 17. Teardown&Inspection Charges(Shop), Hourly 100 Hours x $/hr 00 =$ DO • C) 0 Labor Rate 18. Teardown&Inspection Charges(Field), Hourly 100 Hours x $/hr =$- 00 • 00 •Labor Rate .00 TOTAL GROUP 3: $ ��, •�`� Group 4—Pumps with pumping capacity 1001 G.P.M. to 10,000 G.P.M. 19 Shop, Hourly Labor Rates,Straight Time Hours, 500 Hours x $/hr =$ 11 X000 •OU 7:00 A.M through 7:00 P.M, Monday through - 00 Friday 20. Shop, Hourly Labor Rate, Non-Standard 40 Hours x $/hr =$ ° 00 Business Hours,7:01 P.M through 6:59 A.M,weekends,all day Saturday and Sunday,or during County observed holidays. City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs 21. Field, Hourly Labor Rates,Straight Time Hours, 500 Hours x $/hr =$ 14 .00e • Oo 7:00 A.M through 7:00 P.M, Monday through Friday. 22. Field, Hourly Labor Rate,Non-Standard 40 Hours x $/hr =$ . OD Business Hours,7:01 P.M through 6:59 A.M,weekends,all day �j� •Op Saturday and Sunday,or during County observed holidays. 23. Teardown &Inspection Charges(Shop), Hourly 100 Hours x $/hr =$ .`OO • 00 Labor Rate 24. Teardown& Inspection Charges(Field),Hourly 100 Hours x $/hr =$ 00 •00 Labor Rate .00 25. Parts and Material Adjustment for Wastewater (1+. * ) X $150,000 =$ 000.00 Division expressed as a decimal markup for parts and materials over actual cost TOTAL GROUP 4: $7- .040 .00 GRAND TOTAL (LINE ITEMS 1-25) PRICE: $ END OF SECTION 5 City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II,WHICHEVER APPLIES PART I: List below the dates of issue for each addendum received in connection with this Solicitation: Addendum#1, Dated /�'O" • r Addendum#2, Dated k/3 o%O�� Addendum #3, Dated Addendum#4, Dated Addendum#5, Dated Addendum#6, Dated Addendum #7, Dated Addendum#8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION -7C-4 (a)t•-A- P-5 , C_ Firm Name Signature Name and Title(Print or Type) / )4 Date Ai . 0,e CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 2 Solicitation No.: ITB 2025-024 Solicitation Title: Electronic Motor & Pump Repair Services Addendum Date: January 30, 2025 Purchasing Contact: Casetra Thompson, thomgsoncCa�mvdelravbeach.com THIS ITB IS HEREBY AMENDED AS SET FORTH HEREIN BELOW. THIS ADDENDUM NO. 2 IS HEREBY INCORPORATED IN AND MADE A PART OF ITB 2025-024 Addendum No. 2 1. Question 1: Tally Sheet: Can we get a copy of the tally sheet from when this was bid? Answer: Please see attached Bid Tabulation End of Addendum INSTRUCTIONS: Receipt of this addendum must be acknowledged as instructed in the solicitation document. Failure to acknowledge receipt of this Addendum may result in the disqualification of Respondent's response. Addendum No.2 ITB 2025-025 Electric Motor&Pump Repair Page 1 of 1 Bid #ITB 2021-0:Electric Motor Pump Repairs Tampa Armature Flanders DoneRite Pumps Inc. Works Electric inC. Item # Item Qty Unit Prod Code Price Prod Code Price Price ITB 2021-020--0:Electric Mc 1 each 3418001 476600 519450 Local Business Tax Receipt LBT Miami—Dade County, State of Florida —THIS IS NOT A BILL—DO NOT PAY 6815709 BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES DONERITE PUMPS INC RENEWAL SEPTEMBER 30, 2025 4240 NW 133RD ST UNIT D 7089121 OPA LOCKA,FL 33054-4400 Must be displayed at place of business Pursuant to County Code Chapter 8A—Art.9&10 OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED DONERITE PUMPS INC 213 SERVICE BUSINESS BY TAX COLLECTOR 45.00 07/19/2024 Employee(s) 3 CHECK21-24-029207 Not a Contractor Receipt This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a certification of the holder's qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles—Miami—Dade Code Sec 8a-276. miAMFD ,�1LU For more information,visit www.miamidade.gov/laxcollector MIAMI-DADE FIRE RESCUE DEPARTMENT FIRE PREVENTION DIVISION MIAMI 9300 NW 41ST STREET, DORAL, FLORIDA 33178-2424 lft1J►W (786)331-4800 ANNUAL OPERATING PERMIT No. 12128-01109 Expires: June 30, 2025 Permit Use Issued To Warehouse/Storage Facility DONE RITE PUMPS INC Located At 4240 NW 133 ST BAY D & E OPA-LOCKA, FL 33054 This Permit is issued in accordance with Section 14-39 of the Miami-Dade County code under ct nditions set forth therein. Violations of the aforementioned will be grounds for immediate revocation. k' Chief Alan R. Cominsky, Fire Marshal Miami-Dade Fire Rescue Department PermitCertificate Printed:7/1/2024 City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 6 MINIMUM QUALIFICATIONS Bidder shall submit information and documentation requested in this Section that confirms it meets the following qualification requirement(s). For the purposes of this ITB, a responsible Bidder is a Bidder that meets the minimum qualification requirements below. i. Bidder is registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required.The City will verify. ii. Must have been in business for a minimum of five (5) years prior to the Due Date. Provide supporting documentation (e.g. state, county, city business registration; occupational license) that confirms Bidder has been in business for a minimum of five(5)years prior to the Due Date. iii. If Bidder is utilizing a subcontractor to meet this minimum qualification, please disclose the name of the subcontractor and provide proof of current certification. Provide proof, in the form of a copy of certification(s),that the Bidder meets this qualification. iv. Bidder has submitted pricing utilizing the pricing form contained in this ITB. No additional documentation is required.The City will verify from Bidder's Bid. v. Bidder has previously provided acceptable services for the type of work identified in this ITB. Submit up to three(3)client references for whom Bidder has provided services similar to those specified in this ITB in the past three (3) years and who are agreeable to respond to a request from the City regarding bidder's experience. Each client reference should include the following: a. Organization name: b. Contact Name(s): c. Contact Email Address: d. Address: e. Telephone Number: f. Dates of Service(start/end): g. Type of Work(brief description): vi. Bidder Is NOT listed on the Florida Department of Management Services, Convicted Vendor List as defined in Florida Statute Section 287.133(3) (d). No documentation is required.The City will verify the status. vii. Bidder has no reported conflict of interests in relation to this ITB.Disclose the name of any officer, director or agent who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder's firm or any of its branches. If no conflicts of interests are present, Bidder must submit a statement to that affect. viii. Bidder Is NOT listed on the System for Award Management (SAM), electronic roster of debarred companies excluded from Federal procurement and non-procurement programs throughout the U.S. Government (unless otherwise noted) and from receiving Federal contracts or certain subcontracts and from certain types of Federal financial and nonfinancial assistance and benefits. No documentation is required.The City will verify the status. Per Section 34.f.Rejection of Bids City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs or Proposals of the City's Purchasing Policies and Procedures Manual,vendors may be deemed non-responsible if: Vendor have been declared to be in default on any City or public entity contract,debarred or suspended by any public entity. ix. Provide information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Proposer, any of its employees or subcontractors, is or has been involved with the last three(3)years. END OF SECTION 6 City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 7 RESPONSE REQUIREMENTS A. Provide the following information for three (3) clients, for whom the bidder has provided similar services which are willing and able to confirm the projects. i. Entity Name ii. Entity's Primary Contact for contract(Name&Title) iii. Phone Number iv. Email Address v. Project Term(Start/End Date) vi. Types of Work END OF SECTION 7 nE February 03,2025 To whom it may concern: DoneRite Pumps, Inc. has been regularly engaged in the business of providing new and/or rebuilt pumps,drives and/or motors to the following cities and county since the inception of our business in April 2011. City of Del Ray—Contract since 2021 Contact person: Keith Obrien(561)525-2167;email address: obrienk@mydelraybeach.com City of Homestead—Contract since 2019 Contact person: Tracy Moore(305)970-3547,email address: tmoore@cityofhomestead.com North Spring IMP:Water Plant Contact person: German Pena (754)235-4922,email address germanp@nsidfl.gov City of Florida City: Contact person: Edel Villar:(305)586-2087,email address:evillar@floridacityfl.gov City of Boca Raton: Contact person: Benjamin Kisielewski(561)289-0733,email address: bkisieiew@bocaraton- fl.gov City of North Lauderdale: Contact person Neil Buckeridge(954)597-4757,email address: nbuckeridge@nlauderdale.org City of Miramar: Contact Jim Frawley(954)883-6838,email address: jafrawley@miramarfl.gov Should you have any questions or concerns, please do not hesitate to contact me at the office number provided below,or at(786)368-4253. Si erely, Luis Navarro,Corp. President 4240 NW 133 STREET,STE. D&E,OPA-LOCKA, FL.33054 TEL.(305)953-3380;FAX.(305)953-4452 City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 8 BID FORM SUBMITTAL 8.1 FORMS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to be the most responsive and responsible Bidder. a. Acknowledgment of Addenda b. Conflict of Interest Disclosure Form c. Notification of Public Entity Crimes Law d. Notification of Public Records Law e. Drug-Free Workplace f. Non-Collusion Affidavit g. Truth-In-Negotiation Certificate h. Scrutinized Company i. Affidavit Regarding the use of Coercion for Labor and Services j. Sample Performance Bond Format(if required,will be requested from the Bidder recommended for award) I. Sample Payment Bond Format(if required,will be requested from the Bidder recommended for award) m. Sample Letter of Credit Format(if required,will be requested from the Bidder recommended for award) City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name of any officer,director,or agent who is also an employee of the City of Delray Beach. Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent(5%)in the Bidder's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term"conflict of interest"refers to situations in which financial or other personal considerations may adversely affect,or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: V/ To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities,Counties, contracts,or property interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities,Counties,contracts,or property interest for this Bid. Acknowledged by: L.._Firm Nam ` Signature \--0 e-- A r1/4._.) f...vt_fi.-0 a (z__ . ca,e/_,-, €4-S-1-- Name and Title(Print or Type) -)- i' D /7°.)-- Date City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes,you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six(36) months from the date of being placed on the convicted contractors list. Acknowledged by: c7L)u---1 P5 C Firm Name { (S\r„... Signature Name and Title(Print or Type) /TO � r Date City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs Notification of Public Records Law Pertaining to Public Contracts and Requests for Contractor Records Pursuant to Chapter 119, Florida Statutes Pursuant to Chapter 119,Florida Statutes,Contractor shall comply with the public records law by keeping and maintaining public records required by the City of Delray Beach in order to perform the service. Upon request from the City of Delray Beach'custodian of public records,contract shall provide the City of Delray Beach with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract If the Contractor does not transfer the records to the City of Delray Beach. Contractor upon completion of the contract, shall transfer,at no cost,to the City of Delray Beach all public records in possession of the Contractor or keep and maintain public records required by the City of Delray Beach in order to perform the service. If the Contractor transfers all public records to the City of Delray Beach upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City of Delray Beach,upon request from the City of Delray Beach'custodian of public records, in a format that is compatible with the information technology systems of the City of Delray Beach. IF THE SUCCESSFUL BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK'S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK(a MYDELRAYBEACH.COM. Acknowledged: 1-S-C T� ?U o--1(73 • wry Firm Name Signature Name and Titl Prin or Type) Date I City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs DRUG-FREE WORKPLACE Z.-7Q Up-Q( � � . is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Ca)t*--(-(71- , C_ Firm Name (..s\ Signature P -3‘) °``.1L-k(t'Ci A ea Ca • V(UQ.A;k1) . Name and Title (Print or Type) Date DONERITE PUMPS, INC. 4240 N.W. 133RD STREET OPA-LOCKA, FLA. 33054 Tel. (305)953-3380 Fax. (305)953-4452 Workplace Handbook/Safety Program GOALS OF POLICY 1) A primary goal of the workplace safety program is to establish the expectation that it is the responsibility of all personnel to create and maintain a safe work environment. 2) The organization's safety program, among other specific topics addresses the organization's obligations under the Occupational Safety and Health Act to maintain a safe workplace. a. The federal government, through the Occupational Safety and Health Act, regulates all workplaces to ensure that certain safety standards are met. All staff are required to undergo annually training concerning workplace hazards. To ensure proper coverage for any work-related injury or illness,any and all injury or illness must be reported immediately or within 24 hours of the incident. 3) The organization's workplace safety program requires employees to use universal precautions when applying first-aid or providing personal care to clients or each other. 4) The organization's workplace safety program will include a Drug-Free workplace policy. It is the intent of DoneRite Pumps, Inc., to provide a safe environment for employees. It is also our intent to properly manage any incidents that occur so as to minimize injury and other forms of loss. A well-managed workplace safety program can benefit our organization and its personnel in countless ways. In order for DoneRite Pumps, Inc. to achieve our goals, we have developed a workplace safety program outlining the policies and procedures regarding employee health and safety. Each and every individual in the organization must become familiar with the program, follow and enforce the procedures, and become an active participant in this workplace safety program. While management, Luis Navarro, will be responsible for developing and organizing this program, its success will depend on the involvement of each employee. We look forward to your cooperation and participation. 1 DRUG-FREE WORKPLACE POLICY PURPOSE AND GOAL DoneRite Pumps, Inc. is committed to protecting the safety, health and well-being of all employees and other individuals in the workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain and alcohol and drug-free environment. Employees are hereby notified that as a condition of DoneRite Pumps, Inc.working on certain commodities or Contractual services under certain County and City bids or contracts,the employee will abide by the terms of the statement herein and will notify employer of any conviction of,or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5) days after such conviction. COVERED WORKERS Any individual who conducts business for the organization, is applying for a position or is conducting business on the organization's property will be covered by our drug-free workplace policy. Our policy includes, but is not limited to CEO, supervisors,full-time employees and part-time employees. APPLICABILITY Our drug-free workplace policy is intended to apply whenever anyone is representing or conducting business for the organization. Therefore,this policy applies during all working hours.; PROHIBITED BEHAVIOR It is a violation of our drug-free workplace policy to manufacture,distribute, dispense, use, possess, sell, trade,and/or offer for sale alcohol, illegal drugs or intoxicants. CONSEQUENCES One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy,the consequences will be serious. In the case of an applicant, if he or she violates the drug-free workplace policy,the offer of employment may be withdrawn. The applicant may not be asked to reapply. If an employee violates the policy, he or she will be immediately pulled from active job duties and may be permanently terminated. 2 RETURN-TO-WORK-AGREEMENTS Following a violation of the drug-free workplace policy, an employee may be offered an opportunity to participate in rehabilitation. In such case,the employee must seek treatment with a recognized entity such as AA or NA,the employee must sign and abide by the terms set forth in a Return-to-Work Agreement and complete the treatment plan as outlined by a certified counselor as a condition of continued employment. ASSISTANCE DoneRite Pumps, Inc. recognizes that alcohol and drug abuse and addictions are treatable illnesses. We also recognize that early intervention and support improve the success of rehabilitation. To support our employees,our drug-free workplace policy: a) Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. b) Allows employees the opportunity to return to work after completing an approved treatment plan. c) Provides our employees flexibility and support in attending treatment when necessary. CONFIDENTIALITY All information received by the organization through the drug-free workplace program is confidential communication. Access to this information is limited to those who have legitimate need to know in compliance with relevant laws and management policies. SHARED RESPOSIBILITY a) A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. b) All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on-or off-duty use of alcohol or other drugs. c) In addition,employees are encouraged to: I: Be concerned about working in a safe environment. li: Support fellow workers in seeking help. Iii: Report dangerous behavior to their supervisor. It is the supervisor's responsibility to: a) Inform employees of the drug-free workplace policies. b) Observe employee performance c) Investigate reports of dangerous practices. d) Document negative changes and problems in performance. e) Counsel employees as to expected performance improvement. 3 f) Clearly state consequences of policy violations. COMMUNICATION Communicating our drug-free workplace policy to both supervisors and employees is critical to our success. To ensure all employees are aware of their role in supporting our drug-free workplace program: a) All employees will receive a written copy of the policy. b) The policy will be reviewed in orientation sessions with new employees. c) The policy and assistance programs will be reviewed at safety meetings. d) All employees will receive an update of the policy annually with their paychecks. SAFETY RULES, POLICIES AND PROCEDURES GENERAL RULES ALL EMPLOYEES Lifting Procedures: 1. Plan the move before lifting; ensure that you have an unobstructed pathway. 2. Test the weight of the load before lifting by pushing the load along its resting surface. 3. If the load is to heavy or bulky, use lifting and carrying aids such as had trucks, dollies, pallet jacks and carts,or get assistance from co-worker. 4. If assistance is required to perform a lift, coordinate and communicate your movements with your co-worker. 5. Position your feet 6 to 12 inches apart with one foot slightly in front of the other. 6. Face the load. 7. Bend at knees not at back. 8. Keep your back straight. 9. Get a firm grip on the object using your hands and fingers. Use handles when they are present. 10. Hold the object as close to your body as possible. 11. While keeping the weight of the load in your legs, stand to an erect position. 12. Perform lifting movements smoothly and gradually; do not jerk the load. 13. If you must change direction while lifting or carrying the load, pivot your feet and turn your entire body. Do not twist at the waist. 14. Set down objects in the same manner as you picked them up,except in reverse. 4 15. Do not lift an object from the floor to a level above your waist in one motion. Set the load down on a table or bench and then adjust your grip before lifting it higher. 16. Never lift anything if your hands are greasy or wet. 17. Wear protective gloves when lifting objects that have sharp corners or jagged edges. 18. Slide materials to the end of the tailgate before attempting to lift them off of a pick-up truck. Do not lift over the walls or tailgate of the truck bed. Housekeeping: 1. Do not place materials such as boxes or trash in walkways and passageways. 2. Sweep up shavings from around equipment such as drill presses, lathes or planers by using broom and a dustpan. 3. Mop up water around drinking fountains and drink dispensing machines immediately. 4. Do not store or leave items on stairways. 5. Do not block or obstruct stairwells, exists or accesses to safety and emergency equipment such as fire extinguishers or fire alarms. 6. Straighten or remove rugs and mats that do not lie flat on the floor. 7. Return tools to their storage places after using them. 8. Do not use gasoline for cleaning purposes. 9. Use caution signs or cones to barricade slippery areas such as freshly mopped floors. Ladders and Step Ladders: 1. Read and follow the manufacturer's instruction label affixed to the ladder. 2. Do not use ladders that have loose rungs,cracked or split side rails, missing rubber footpads,or are otherwise visibly damaged. 3. Keep ladder rungs clean and free of grease. Remove buildup of material such as dirt or mud. 4. Do not place ladders in a passageway or doorway without posting warning signs or cones that detour pedestrian traffic away from ladder. Lock the doorway that you are blocking with the ladder and post signs that will detour traffic away from your work area. 5. Do not place a ladder at a blind corner or doorway without diverting foot traffic by blocking or roping off the area. 6. Allow only one person on the ladder at a time. 7. Face the ladder when climbing up or down. 8. Maintain a three-point contact by keeping both hands and one foot or both feet and one hand on the ladder at all times when climbing up or down the ladder. 9. When performing work from a ladder,face the ladder and do not lean backward or sideways from the ladder. 10. Do not stand on tables, chairs, boxes or other improvised climbing devices to reach high places. Use the ladder or stepstool. 11. Do not stand on the top two rungs of any ladder. 5 12. Do not stand on ladder that wobbles,or that leans to the left or right of center. 13. When using a straight or extension ladder, extend the top of the ladder at least three (3)feet above the edge. 14. Secure the ladder in place by having another employee hold it if it cannot be tied to the structure. 15. Do not move a rolling ladder while someone is standing on it. 16. Do not place ladder on barrels, boxes, loose bricks, pails,concrete blocks or other unstable bases. 17. Do not carry items in your hands while climbing up or down a ladder. 18. Do not try to "walk" a ladder by rocking it. Climb down the ladder,and then move it. 19. Do not use a ladder as a horizontal platform. Office Safety: 1. Do not stand on furniture to reach high places. 2. Do not kick objects out of your pathway; pick them up or push them out of the way. 3. Do not jump from ladder or step stools. 4. Do not block your view by carrying large or bulky items; use the dolly or hand truck or get assistance from a fellow employee. 5. Do not throw matches, cigarettes or other smoking materials in trash baskets. 6. Do not tilt the chair you are sitting on its back two legs. 7. Use the ladder or step stool to retrieve or store items that are located above your head. Doors: 1. Close drawers and doors immediately after using them. 2. Keep doors in hallways fully open or fully closed. 3. Use the handle when closing doors. Files: 1. Open only one file cabinet drawer at a time. Close the filing cabinet drawer you are working in before opening another in the same cabinet. 2. Put heavy files in the bottom drawers of file cabinets. 3. Use the handles when closing the drawers and files. Sharp Objects: 1. Store sharp objects,such as pencils, pens, letter openers,scissors or staple removers in drawers or with the tips pointing down in a container. 2. Carry pencils, scissors and other sharp objects with the tips pointing down. Paper Cutter/Shredder: 1. Position hands and fingers on the handle of the paper cutter before pressing down on the blade. 6 2. Keep the paper cutter handle in the closed position when it is not being used. 3. Do not use paper cutting devices if the finger guard is missing. 4. Do not place your fingers in or near the feed of the paper shredder. Electrical: 1. Do not use frayed, cut or cracked electrical cords. 2. Do not plug multiple electrical cords into a single outlet. 3. Do not use extension or power cords that have ground prong removed or broken. 4. Use a cord cover or tape the cord down when running electrical cords across aisles, between desks or across entrances or exits. 5. Turn the power switch to "Off' and unplug office machines before adjusting, lubricating or cleaning them. Fans: 1. Do not use fans that have excessive vibration,frayed cords or missing guards. 2. Do not place floor type fans in walkways,aisles or doorways. Stairs: 1. Use the handrails when ascending or descending stairs or ramps. 2. Do not store or leave items on stairways or walkways. 3. Do not run on stairs or take more than one step at a time. MECHANICS AND MECHANIC'S ASSISTANTS Warehouse Safety: 1. When stocking shelves by hand, position the materials to be shelved slightly in front of you, so you do not have to twist when lifting and staking materials. 2. Visually inspect for sharp objects or other hazards before reaching into containers such as garbage cans, boxes, bags or sinks. 3. Remove or bend nails and staples from crates before unpacking the crates. 4. When cutting shrink wrap with a blade,always cut away from you and your co-workers. 5. Do not try to kick objects out of pathways. Push or carry them out of the way. 6. Do not let items overhang from shelves into walkways. 7. Move slowly when approaching blind corners. 8. Place heavier loads on the lower or middle shelves. 9. Remove one object at a time from shelves. 10. Place items on shelves so that they lie flat and do not wobble. Hand Truck Operations: 7 1. When loading hand trucks, keep your feet clear of the wheels. 2. Do not exceed the manufacturer's load rated capacity. Read the capacity plate on the hand truck if you are unsure. 3. Place the load so that it will not slip,shift or fall. Use the straps, if they are provided,to secure the load. 4. For extremely bulky or pressurized items such as gas cylinders, strap or chain the items to the hand truck. 5. Tip the load slightly forward so that the tongue of the hand truck goes under the load. 6. Push the tongue of the hand truck all the way under the load that is to be moved. 7. Keep the center of gravity of the load as low as possible by placing the heavier objects below the lighter objects. 8. Push the load so that the axles and not the handles will carry the weight. 9. If your view is obstructed,ask a spotter to assist you in guiding the load. 10. Do not walk backwards with the hand truck, unless going up stairs or ramps. 11. When going down an incline, keep the hand truck in front of you so that it can be controlled at all times. 12. Move hand truck at a walking pace. 13. Store hand trucks with the tongue under a pallet, shelf or table. Pallet Jack Use: 1. Only employer authorized personnel may operate the pallet jack. 2. Do not exceed the manufacturer's load rated capacity. Read the lift capacity plate on the pallet jack if you are unsure. 3. Do not ride on pallet jacks. 4. Start and stop the pallet jack gradually to prevent the load from slipping. 5. Pull manual pallet jacks; push them when going down an incline or passing close to walls or obstacles. 6. If your view is obstructed,ask a spotter to assist you in guiding the load. 7. Stop the pallet jack if anyone gets in your way. 8. Never place your feet under the pallet jack. FORKLIFTS • Only employer authorized personnel may operate the forklift Pre-Use Inspection: Do not use the forklift if any of the following conditions exist: 1. The mast has broken or cracked weld-points. 2. The roller tracks are not greased,or the chains are not free to travel. 3. The forks are unequally spaced,or cracks exist along the blade or at the heels. 4. Hydraulic fluid levels are low. 8 5. The hydraulic lines and fittings have excessive wear or are crimped. 6. Fluid is leaking from the lift or the tilt cylinders. 7. The hardware on the cylinders is loose. 8. The tires are excessively worn or split or have missing tire material. 9. Air filled tires are not filled to the operating pressure indicated on the tire. 10. The batteries have cracks or holes, uncapped cells,frayed cables, broken cable insulation, loose connections or clogged vent caps. Starting the Forklift: • Apply the foot brake and shift gears to neutral before turning the key. Diesel Fueled Forklifts: 1. Never use anything with an open flame (such as lighters or lanterns)to check the fuel level in the tank. 2. Do not fuel forklift while the engine is running. 3. Do not operate a forklift with a leak in the fuel system. 4. Use care when filling fuel tanks to avoid overfilling and spilling fuel. 5. Replace fuel tank cap before restarting engine. 6. Use only approved safety cans when storing or transporting fuel. Forklift Safety Rules: 1. Do not use bare forks as a man-lift platform. 2. Steer the forklift wide when making turns. 3. Sound the forklift horn when approaching blind corners,doorways or aisles to alert other operators and pedestrians. Lifting a load: 1. Do not exceed the lift capacity of the forklift. Read the lift capacity plate on the forklift if you are unsure. 2. Follow the manufacturer's guidelines concerning changes in the lift capacity before adding an attachment to a forklift. 3. "Square up"on the center of the load and approach it straight on with the forks in the travel position. 4. Stop when the tips of your forks are about a foot from the load. 5. Level the forks and slowly drive forward until the load is resting against the backrest of the mast. 6. Lift the load an inch or two to test for stability; If the rear wheels are not in firm contact with the floor,take a lighter load or use a forklift that has a higher lift capacity. 7. Lift the load high enough to clear whatever is under it. 8. Back up about one foot, then slowly and evenly tilt the mast backwards to stabilize the load. 9 9. Do not raise or lower a load while you are in route. Wait until you are in the loading area and have stopped before raising or lowering the load. Driving a Forklift: 1. Obey all traffic rules and signs. 2. Drive with the load at a ground clearance height of 4-6 inches at the tips and 2 inches at the heels in order to clear most uneven surfaces or debris. 3. Drive at a walking pace and apply the brakes slowly when driving on slippery surfaces such as wet floors. 4. Do not drive into an area with a ceiling height that is lower than the height of the mast or overhead guard. 5. Do not drive up to anyone standing or working in front of a fixed object such as a wall. 6. Do not drive along the edge of an unguarded elevated surface such as a loading dock or staging platform. 7. Sound horn when approaching blind corners, doorways or aisles to alert other operators and pedestrians. 8. Do not exceed a safe working speed of five miles per hour. Slow-down in congested areas when driving the forklift. 9. Stay a minimum distance of three truck lengths from other operating equipment. 10. Drive in reverse and use a signal person when your vision is blocked by the load. 11. Look in the direction you are driving; proceed when you have a clear path. 12. Drive loaded forklifts forward up ramps. 13. Raise the forks an additional two inches to avoid hitting or scraping the ramp surface as you approach the ramp. 14. Drive loaded forklifts in reverse when driving down a ramp. 15. Drive unloaded forklifts in reverse when going up a ramp and forward when going down a ramp. 16. Do not attempt to turn the forklift around on a ramp. 17. Do not use a gear for the opposite direction of travel as a means to slow down or stop a forklift. 18. Lower the mast completely, turn the engine off and set the parking brake before leaving your forklift. Putting a Load Down: 1. "Square up" and stop about one foot from desired drop off location. 2. Level the forks and drive to the unloading spot. 3. Slowly lower the load to the floor. 4. Tilt the load slightly forward so that you do not hook the load. 5. When the path behind you is clear of obstructions, back straight out until the forks have cleared the pallet. Hand Tool Safety 10 General Safety: 1. Always wear safety glasses,goggles or the face shield while operating grinders, lathes, sanders or performing tasks that need safety wear. 2. Do not continue to work if safety glasses become fogged. Stop working and clean glasses until the lenses are clear and defogged. 3. Wear the welding helmet or welding goggles during welding operations. 4. Carry all sharp tools in a sheath or holster. 5. Tag worn, damaged or defective tools"Out of Service" and do not use them again. 6. Do not use a tool if its handle has splinters, burrs, cracks, splits or if the head of the tool is loose. 7. When handing a tool to another person, direct the sharp points and cutting edges away from yourself and the other person. 8. When using knives or other cutting tools,cut in a direction away from your body. 9. Do not carry sharp or pointed hand tools such as screwdrivers, scrapers,or scissors in your pocket unless the tool or your pocket is sheathed. 10. Do not perform "make-shift" repairs on tools. 11. Do not throw tools from one location to another,or from one employee to another. 12. Transport hand tools only in toolboxes or tool belts. Do not carry tools in your clothing. Pliers: 1. Do not use pliers as a wrench or hammer. 2. Do not attempt to force pliers by using a hammer on them. 3. Do not slip a pipe over the handle of pliers to increase leverage. 4. When performing electrical work, use pliers with rubber sleeves covering the handle;these pliers are insulated. 5. Do not use pliers that are cracked, broken or sprung. 6. When using the diagonal cutting pliers, shield the loose pieces of cut material from flying into the air by using your gloved hand. Files/Rasps: 1. Do not use a file as a pry bar, hammer, screwdriver or chisel. 2. When using a file or rasp,grasp the handle in one hand and the toe of the file in the other. 3. Do not hammer on a file. Chisels: 1. Use a chisel that has been sharpened; do not use a chisel that has a dull cutting edge. 2. Hold a chisel by using a tool holder if possible. 3. Clamp small work pieces in the vise and chip towards the stationary jaw when you are working with a chisel. 11 Hammers: 1. Do not strike objects with the cheek of the hammer. 2. Do not strike a hardened steel surface,such as a cold chisel, with a claw hammer. 3. Do not strike one hammer against another hammer. 4. Do not use a hammer if your hands are oily,greasy or wet. 5. Do not use a hammer as a wedge or a pry bar. Screwdrivers: 1. Always match the size and type of screwdriver blade to fit the head of the screw. 2. Do not hold the work piece against your body while using a screwdriver. 3. Do not put your fingers near the blade of the screwdriver when tightening a screw. 4. Do not force a screwdriver by using a hammer or pliers on it. 5. Do not use a screwdriver as a punch,chisel or pry bar. 6. When performing electrical work, use a screwdriver that is insulated. 7. Do not use a screwdriver if your hands are oily,greasy or wet. 8. Do not use a screwdriver to test the charge on a battery. 9. When using a spiral ratchet screwdriver, push down firmly and slowly. Wrenches: 1. Do not use wrenches that are bent,cracked or badly chipped or that have loose or broken handles. 2. Do not slip a pipe over a single head wrench handle for increased leverage. 3. Do not use a shim to make a wrench fit. 4. Use a split box wrench on flare nuts. 5. Do not use a wrench that has broken or battered points. 6. Use a hammer on striking face wrenches. 7. Discard any wrench that has spread, nicked or battered jaws or if the handle is bent. 8. Use box or socket wrenches on hexagon nuts and bolts as a first choice,and open-end wrenches as a second choice. Vises: 1. When clamping a long work piece in a vise,support the far end of the work piece by using an adjustable pipe stand, sawhorse or box. 2. Position the work piece in the vise so that the entire face of the jaw supports the work piece. 3. Do not use a vise that has worn or broken jaw inserts or has cracks or fractures in the body of the vise. 4. Do not slip a pipe over the handle of the vise to gain extra leverage. 12 Clamps: 1. Do not use the C-clamp for hoisting materials. 2. Do not use the C-clamp as a permanent fastening device. Snips: 1. Wear you safety glasses or safety goggles when using snips to cut materials. 2. Wear your work gloves when cutting materials with snips. 3. Do not use straight cut snips to cut curves. 4. Keep the blade aligned by tightening the nut and bolt on the snips. 5. Do not use snips as a hammer,screwdriver or pry bar. 6. Use the locking clip on the snips after you have finished using them. Toolboxes/Chests/Cabinets: 1. Use the handle when opening/closing a drawer or door of a toolbox,chest or cabinet. 2. Tape over or file off sharp edges on toolboxes, chests or cabinets. 3. Do not stand on toolboxes,chests or cabinets to gain height. 4. Lock the wheels on toolboxes,chests or cabinets to prevent them from rolling. 5. Push toolboxes, chests or cabinets, do not pull them. 6. Do not open more than one drawer or door at a time. 7. Close and lock all drawers and doors before moving the toolbox, chest or cabinet to a new location. 8. Do not use a toolbox,chest or cabinet as a workbench. 9. Do not move a toolbox, chest or cabinet if it has loose tools or parts on top. Air Gun: • Do not point the air gun toward any part of your body or at anyone else. Air Chisel: 1. Use the air chisel that has been sharpened; do not use an air chisel that has a dull cutting edge. 2. Do not use air chisels that have"mushroomed"striking heads. 3. Clamp small work pieces in the vise and chip towards the stationary jaw when you are working with an air chisel. 4. Use both hands to hold an air chisel when cutting wires. 5. Keep your hands away from the air chisel's bit when cutting. 6. Do not start the air chisel until it is in contact with the equipment you are working on. Heat Gun: 1. Wear welding gloves and safety glasses when using the hand-held heat gun. 2. Do not use the hand-held heating gun at temperatures above 250 degrees Celsius. 13 3. Do not expose any body part to the heat source of the gun. 4. After using the gun, place it in a holder or on an insulated material or surface. 5. Always pick up the gun by the handle, never by the shaft. Electrically Powered Tools: 1. Do not use power equipment or tools that you have not been trained to use. 2. Keep power cords away from the path of saws,vacuum cleaners,floor polishers, knives,grinders and drill presses. 3. Do not use cords that have splices,exposed wires,or cracked or frayed ends. 4. Do not carry plugged in equipment or tools with your finger on the switch. 5. Do not carry equipment or tools by the cord. 6. Turn the tool off before or unplugging it. 7. Disconnect the tool from the outlet by pulling on the plug, not the cord. 8. Do not leave tools that are "On" unattended. 9. Do not handle or operate electrical tools when your hands are wet or when you are standing on wet floors. 10. Turn off the electrical tool and unplug it from the outlet before attempting repairs or service work.Tag the tool "Out of Service" 11. Do not use extension cords or other three-pronged power cords that have a missing prong. 12. Do not remove the ground prong from electrical cords. 13. Do not use an adapter such as a cheater plug that eliminates the ground. 14. Do not plug multiple electrical cords into a single outlet. 15. Do not run extension cords through doorways,through holes in ceilings,walls or floors. 16. Do not drive over,drag, step on or place objects on a cord. 17. Do not use a power hand tool while wearing wet cotton or leather gloves. 18. Never operate electrical equipment barefooted. Always wear rubber-soled or insulated work boots. 19. Do not operate a power hand tool or portable appliance while holding a part of the metal casing or while holding the extension cord in your hand. Hold all portable power tools by plastic hand grips or other non-conductive areas designed for gripping purposes. Pneumatic Tools: 1. Lock and/or tag tools"Out of Service"to prevent usage of defective or damaged tools. 2. Do not use tools that have handles with burrs or cracks. 3. Do not use compressors if their belt guards are missing. Replace the belt guards before using the compressor. 4. Turn the power switch of the tool to "Off"and let it come to a complete stop before leaving it unattended. 5. Disconnect the tool from the air line before making any adjustments or repair to the tool. 14 Saws: 1. Keep control of saws by releasing downward pressure at the end of the stroke. 2. Do not use an adjustable blade saw such as a hack saw, keyhole saw or bow saw, if the blade is not taut. 3. Do not use a saw that has dull saw blades. 4. Oil saw blades after each use of the saw. 5. Keep your hands and fingers away from the saw blade while you are using the saw. 6. Do not carry a saw by the blade area. 7. When using the hand saw, hold the work piece firmly against the worktable. Band Saw: 1. Do not use the saw unless all portions of the saw blade and the wheels of the saw are guarded. 2. Do not operate the saw if the in-running feed roll is not guarded. 3. Do not use the saw if the tension control device is not operating. 4. Adjustments or repairs to the machine shall not be made until the machine is at a "Dead" stop. 5. Set the upper blade guide one-quarter(1/4) inch or less above the material to be cut. 6. Keep your hands away from the exposed blade when the machine is "On". 7. Operate the saw at full cutting speed, with a sharp blade,to prevent kickbacks. S. If the saw becomes jammed,turn the power switch of the saw to"Off' before pulling out the incomplete job. 9. Do not alter the anti-kickbacks device or blade guard. Powered Hack Saw: 1. Secure work with clamps or vises before starting work. Do not hold work in your hand. 2. Do not press down on the saw frame while it is in motion. This may cause the blade to break. Belt Sander: 1. Wear safety goggles when using belt sander. Tilt your head forward when removing goggles to prevent sawdust from falling into your eyes. 2. Do not touch the abrasive surface of the belt sander with your bare hands when the belt sander is in operation. 3. Align the sanding belt for proper tracking before plugging it into the power source. 4. Visually inspect the dust bag for tears, holes or other defects. Do not use the sander if any of the conditions are present. 5. Secure loose material to a flat surface before sanding. 6. Do not place the sander on the material to be sanded before starting the sander. 7. When the job is completed, do not set sander down until it has come to a complete stop. 15 Grinders: 1. Prior to installing a new grinding wheel, inspect the wheel for cracks or other visible damage; tap the wheel gently with a plastic screwdriver handle to detect cracks that are not visible. If the wheel has a dead sound rather than a ring sound,do not use the wheel. 2. Do not use grinding wheels that have chips, cracks or grooves. 3. Do not use the grinding wheel if it wobbles. Tag it"Out of Service". 4. Adjust the tongue guard so that it is no more than 1/4 inch from the grinding wheel. 5. Adjust the tool rest so that it is no more than 1/8 inch from the grinding wheel. 6. Do not use a bench grinder if it is not firmly anchored to the workbench or other secure platform. 7. Do not install a grinding wheel whose labeled RPM speed is lower than the rated speed of the grinder. 8. Do not clamp a portable grinder in a vise to use it as a bench grinder. 9. Stand on one side of the plane of a rotating grinding wheel during the first few seconds of operation. 10. Grind on the side of the wheel only when it is made for side grinding. 11. Turn the grinding wheel "Off" when you have finished working with it and remain at the machine until it has completely stopped. 12. Do not try to stop the wheel using your hands,even if you are wearing gloves. To prevent your gloves from getting caught by the grinding wheel, hold the work piece by using vise grip pliers, clamps or a jig. Lathes: 1. Guard the cutting heads on metal lathes, whether rotating or not, before starting machine and after adjusting or repairs to lathe. 2. Do not use metal stock that is cracked or dented. 3. Before turning the power on, rotate the stock by hand to ensure that it turns freely. Stand to one side of the lathe when the power is first tuned on. 4. Visually inspect the tail stock and tool holder to ensure they are secured to the lathe. 5. Secure the stock before turning on the lathe. 6. The lathe should be started at the lowest speed. 7. Increase or decrease the speed of the lathe gradually to help prevent the metal stock from coming off the spindle. 8. Stop the lathe before attempting to measure the diameter of the metal stock. 9. When removing a chuck, put a board under it or run a pipe through the stock head. This will prevent your fingers from getting smashed. 10. Do not put tools on the lathe when it is in operation. 11. Do not put your hands on the plate or chuck when the power is"ON". 12. The lathe and the area around the machine should be kept clean of metal shavings or lubricants. 16 Vertical and Horizontal Mill: 1. Disengage the crank before applying power. 2. When setting up or replacing cutters,visually verify that the motor has stopped, and the clutch is not engaged before placing arbor wrench on the nut. 3. Do not attempt to stop the revolving arbor with your hands. 4. Do not attempt to tighten the arbor nut by placing a wrench on the nut,then bracing the wrench against the machine bed and starting the machine. 5. Fasten the arbor, cutters,vise jaw and fixtures before beginning work. 6. After a milling cut is complete, back the vise jaws far enough away from the revolving cutters in order to remove the work piece. Drill Press: 1. Replace the belt and pulley guard, before starting the press and after making adjustments or repairs to the press. 2. Lock the drill press table into place and set depth adjustment before turning on the power. 3. Remove the chuck key before turning on the power. 4. Clamp small pieces of stock to be drilled in the drill vise or to the workbench. 5. Do not wear rings,wristwatches or gloves when working with the drill press. 6. Do not use dull, cracked or bent drill bits. 7. Turn off the power and wait until the machine has come to a complete stop before reaching for the piece of stock. 8. Keep the drill press and the area around the drill press clear of metal cuttings and lubricants. 9. Sweep up shavings from around the drill presses by using a broom and dustpan. Do not use your hands to pick up shavings. Power Metal Shears: 1. Follow all the manufacturer's recommended safety and operating procedures. 2. Visually inspect the metal shear to ensure safety guards and devices are in place and operable. 3. Keep your fingers clear of hold-downs. 4. Do not place hands under cutter when the motor is running. 5. Do not start the metal shears until you and other employee's hands and bodies are clear of the machine. 6. Do not try to clear the metal shears of jams until the machine is locked out and tagout. Lockout/Tagout: • NOTE: Devices such as padlocks shall be provided for locking out the sources of power at the main disconnect switch. Before any maintenance, inspection, cleaning,adjusting or servicing of equipment(hydraulic, electrical, mechanical or air)that requires entrance into or close contact with the machinery or equipment,the main power disconnect switch or valve, or both, 17 controlling its source of power or flow of material,shall be locked-out or blocked off with padlock, blank flange or similar device. 1. Do not remove lock from equipment unless you place the lock there. 2. Attach your own lock or tag when you need to isolate an energy source. 3. Do not perform any maintenance, inspection,cleaning,adjusting or servicing of any equipment without following the employer lockout/tagout program. 4. If required to work on powered equipment(hydraulic,electrical,air,etc.),you must have your personal padlock with your name on it and personal key on your person at all times. 5. Disconnect and padlock all machine power disconnects in the off position before removing guards for the purpose of working"ON" or"IN"the machinery or approaching its unguarded parts. (NOTE: When more than one employee is working on a single piece of equipment,each employee must use his own padlock along with lockout tongs to lock out the equipment. When the work is completed, he must remove only his lock. 6. Do not commence equipment repair or maintenance work until you have verified that the tagged/locked out switch or control cannot be overridden or bypassed. 7. Replace all guards before removing personal padlocks from the control. 8. Do not use or remove another employee's protective lock. 9. Before machinery is put back into use after LOCKOUT/TAGOUT,give a verbal announcement or sound warning to fellow employees. Machine Guarding/Machine Safety: 1. Do not remove, alter or bypass any safety guards or devices when operating mechanical machines such as coli winding machine,grinding,drilling, sanding, mechanical power presses, metal working lathes, radial arm drill,wire wheel,terminal crimper, punch press or other rotating equipment. 2. Replace guards, before starting the machine, after adjusting or repairing the machine. 3. Do not try to stop a work piece as it goes through any machine. If the machine becomes jammed, disconnect the power before clearing the jam. 4. Do not wear loose clothing,jewelry or ties in the machine shop. 5. Read and obey safety warning posted on or near any machinery. 6. Long hair must be contained under a hat or hair net, regardless of gender. Sandblasting Safety: 1. Visually inspect hoses and fittings on blasting equipment for wear and tear prior to use. Do not use it if the hoses or fittings are cracked or otherwise damaged. 2. Wear gloves, aprons,safety glasses and all other pertinent safety protection devices necessary for the sand blasting job to be performed. 3. Do not eat,drink or use tobacco products while using the sand blaster. 4. Do not point the sand blaster at bystanders or at yourself. 5. Do not operate the sand blaster until the door is closed and secured. 6. Do not use compressed air to clean equipment or yourself. 18 Presses and Press Brakes: 1. Do not place hands in or near the point-of-operation. 2. Do not block,tie down, or hold down anyone of the controls. 3. Remove your foot from the foot pedal after each stroke of the ram. 4. Do not use any foot control that does not have foot pedal covers to protect the pedal from 1) falling objects or 2)anyone accidentally stepping on the pedal. 5. Do not place a foreign object(i.e. block, brick) on the foot pedal control. 6. Do not try to stop a work piece as it goes through the machine. If the machine becomes jammed, disconnect the power before clearing the jam. 7. Use hand-feeding tools when available. 8. Clear all tools and obstructions from the path of the press and alert your coworkers before activating it. 9. Do not touch any moving parts of the press. The press must be disengaged and completely stopped before touching any operating parts. Welding/Cutting/Brazing: 1. Obey all signs posted in the welding area. 2. Do not leave oily rags, paper or other combustible materials in the welding, cutting or brazing area. 3. Use the red hose for gas fuel and the green hose for oxygen. 4. Do not use worn or cracked hoses. 5. Do not use oil,grease or other lubricants on the regulator. 6. "Blow Out" hoses before attaching the torch. 7. "Blow Out"the cylinder valve before attaching or reattaching a hose to the cylinder. 8. Do not use a cigarette lighter to ignite torches; use friction lighters only. 9. Do not wear contact lenses when you are welding. 10. When welding, wear welding gloves,a long sleeve shirt, long pants,a welding apron and the welding helmet that has filter plates and lenses. 11. Use the welding screen to shield other employees from flying slag and intense light. 12. Do not perform welding tasks while wearing wet cotton or leather gloves. 13. Do not change electrodes using your bare hands; use dry rubber gloves. 14. Do not use the welding apparatus if the power cord is cut,frayed,split or otherwise visibly damaged or modified. 15. "Bleed"oxygen and fuel lines at the end of the work shift. 16. Use the welding cart that has a safety chain or cable when transporting cylinders used for welding. 19 Oxyacetylene Welding: 1. Do not use oxygen cylinders in areas where oils or any combustible liquids such as gasoline or motor fuel are present. 2. Turn the valve on the torch clockwise to turn off the gas before putting down the welding or cutting torch. 3. Never allow pressure to remain in the hoses overnight: a. Turn the valve knobs located at the base of the torch handle,clockwise,to close the valves. b. Turn the valve knobs on the oxygen and acetylene cylinders, clockwise,to close the valves on these cylinders. c. Reduce the pressure on the regulator diaphragms by pulling back on the T-handles,out from the regulator, until the T-handles turn easily;do not completely back the T-handles out from the regulator. d. Turn the valve knobs at the base of the torch,counterclockwise,to open the valves; leave the valves open for only two seconds,then turn the valve knobs clockwise to close the valves again. If you do not observe a drop in the pressure on the regulator gages, repeat steps a.—b. 4. If the cylinder has been transported in a horizontal position, do not use it until it has been stored upright for two hours. Compressed Gas Cylinders: Storage and Handling: 1. Do not handle oxygen cylinders if your gloves are greasy or oily. 2. Store all compressed gas cylinders in an upright position. 3. Keep all cylinders not in use capped and secured with the safety chain. 4. Do not lift compressed gas cylinders by the valve protection cap. 5. Do not store compressed gas cylinders in areas where they can come in contact with chemicals labeled "Corrosive". 6. Place cylinders on the cradle, sling board, pallet or compressed gas cylinder basket to hoist them. 7. Do not place compressed gas cylinders against electrical panels or live electrical cords where the cylinder can become part of the circuit. 8. Do not hoist or transport cylinders by means of magnets or choker slings. 9. Do not store oxygen cylinders near fuel gas cylinders such as propane or acetylene, or near combustible materials such as oil or grease. 10. Do not hoist or transport cylinders by means of magnets or choker slings. Use of Compressed Gas Cylinders: 1. Do not use dented, cracked or other visibly damaged cylinders. 20 2. Use only an open ended or adjustable wrench when connecting or disconnecting regulators and fittings. 3. Do not transport cylinders without first removing the regulators and replacing the valve protection caps. 4. Close the cylinder valve when work is finished, when the cylinder is empty or at any time the cylinder is moved. 5. Do not store oxygen cylinders near fuel gas cylinders such as propane or acetylene,or near combustible material such as oil or grease. 6. Stand to the side of the regulator when opening the valve. 7. If a cylinder is leaking around a valve or a fuse plug, move it to an outside area away from where work is performed,and tag it to indicate the defect. 8. Do not hoist or transport cylinders by means of magnets or choker slings. 9. Do not use compressed gas to clean yourself, equipment or your work area. 10. Do not remove the valve wrench from acetylene cylinders while cylinder is being used. 11. Open cylinder valve slowly. Open the valves fully when the compressed gas cylinder is being used, in order to eliminate possible leakage around the cylinder valve stem. Soldering Operations: 1. Turn "On"the local exhaust ventilation system before turning on the soldering machine or performing any soldering tasks except"spot" soldering. 2. Do not use a soldering iron if the holder is not insulated and is not non-combustible. Place your iron in a stand during standby. 3. Do not use the soldering iron on or over wooden surfaces. 4. Never use a soldering iron that has a loose barrel. 5. Do not pick up a solder tip with your fingers. Use a pair of needle nose pliers. 6. Do not eat, smoke or drink at the workstation. 7. Do not place flammable objects(e.g. paper,wood) on or near the hot iron. 8. Wear eye protection and any other safety devices necessary when soldering. 9. Do not pick up parts after the hot solder is applied. Allow the part 1 to 2 minutes minimum to cool before handling. Winding Machine: 1. Turn on local exhaust ventilation before starting the operation. 2. When you are using the winding machine,stay out of the machine's operating radius. Baked-out Oven: 1. Follow the manufacturer's instructions at all times. 2. Do not turn oven on prior to inserting motors to be baked. Insert motors to be baked first,then turn on oven. 3. Wear welding gloves when removing the hot motors from the baked-out oven. 21 Burn-Off Oven: 1. Follow the manufacturer's instruction at all times. 2. Visibly inspect incoming gas lines for leakage before turning oven on. 3. Do not turn oven on prior to inserting motors to be burned. Insert motors to be burned first, then turn on oven. 4. Wear welding gloves when removing hot motors from the burn-off oven. Winding Analyzer: 1. Follow the manufacturer's instructions at all times. 2. Connect test clamps to equipment to be tested prior to turning the machine on. 3. Do not touch the test clamps when the voltage control is turned on. 4. When finished testing, turn the machine of and unplug machine power cord from outlet prior to disconnecting the test clamps. Load Testing (Generators) 1. Make sure connections are tight and grounded to load cables when load testing. 2. Do not perform any cleaning activities in the load testing area until all load testing is complete. Hoist: 1. Do not exceed the rated load capacity of the hoist as specified by the manufacturer. 2. Do not perform any hoist refits or modifications without the manufacturer's approval. 3. Do not hoist loads over people. 4. Do not use load hooks that are cracked, bent or broken. Hazardous Materials: 1. Follow the instructions on the label and in the corresponding Material Safety Data Sheet(MSDS) for each chemical product you will be using in your workplace. 2. Make sure that the MSDS for the chemical product you will be using is logged in the "MSDS Log Binder". If not,get your supervisor to log it in to the "MSDS Log Binder". 3. Use personal protective clothing or equipment such as goggles,face shield, neoprene gloves, rubber boots, shoe covers and rubber aprons, when using chemicals labeled "Flammable", "Corrosive", "Caustic" or"Poisonous". 4. Do not use protective clothing or equipment that has split seams, pinholes,cuts,tears, or other visible signs of damage. 5. Each time you use your gloves,wash them before removing the gloves, using cold tap water and normal hand washing motion. Always wash your hands after removing the gloves. 6. Before using the chemical exhaust hood,flip the fan motor switch to the "On" position. 7. Do not use chemicals from unlabeled containers or unmarked cylinders. 22 8. Do not perform "hot work", such as welding, metal grinding or other spark producing operations,within 50 feet of containers labeled "Flammable"or"Combustible". 9. Do not drag containers labeled "Flammable"or"Combustible". 10. Do not store chemical containers labeled "Oxidizer"with containers labeled "Corrosive"or "Caustic". 11. Before pouring, dispensing or transferring any liquid from a bulk container labeled "Flammable", observe the following safety procedures: • Electrically ground and bond the containers as follows: (1) Attach the clip at one end of the grounding wire to the rim of the dispensing container and then attach the clip at the other end of the grounding wire to a ground source,such as a ground drive steel stake. (2) Attach the clip at one end of the bonding wire to the rim of the dispensing container and then attach the clip at the other end of the bonding wire to the rim of the receiving container. (3) You are now ready to dispense the liquid from bulk container. Upon completion, replace the lid on the receiving container and remove the bonding wire. Truck/Vehicle Drivers: 1. Inspect vehicle prior to use, checking tires,gas/diesel,oil, water, batteries,tools, crane, etc. 2. Make sure all documentation pertaining to the vehicle is in the glove compartment(e.g. registration, insurance papers). 3. Shut your door and fasten your seat belt before moving the vehicle. 4. If there is a passenger with you, make sure his/her seat belt is fastened prior to moving the vehicle. 5. Maintain a three-point contact using both hands and one foot or both feet and one hand when climbing into and out of vehicles. 6. Obey all traffic laws and signals at all times. 7. Turn the vehicle off before fueling. 8. Do not smoke while fueling a vehicle. 9. If you spill gasoline/diesel on your hands,wash your hands immediately with soap and water. 10. Secure equipment to be transported to the vehicle with chains or straps to eliminate shifting of the load. 11. No one is permitted to ride in the bed of the truck. 12. When transporting multiple equipment,do not place all the heavy equipment on one side of the truck bed. 13. Do not exceed manufacturer's load capacity of the crane. On-site Field Service: 1. Familiarize yourself with the company safety rules and regulations. 2. Whenever possible, have a company representative escort you to the job site. If possible, have an escort at job site during the time you are there performing the task. 23 3. Follow all posted safety rules and regulations. 4. Use common sense. If no safety rules are posted,follow our company's safety rules and regulations. Employee misconduct reporting,documenting 1. Misconduct by employee will be originally dealt with a verbal warning by immediate supervisor, 2. The second offense will be dealt with by a verbal warning by immediate supervisor in the presence of a company administrator, emphasizing any future misconduct will result in a written offense and possible termination. 3. Any similar offense thereafter will be grounds for immediate termination. 4. Traffic accidents must be immediately reported to office staff, police need to be contacted,and a police report needs to be acquired for insurance purposes. 5. Traffic tickets need to be reported immediately,excessive traffic tickets will result in immediate termination. 6. Stealing company property will be grounds for immediate termination. 7. Stealing property from a job site will be grounds for immediate termination. ACCIDENT REPORTING, INVESTIGATION AND ANALYSIS All accidents and injuries occurring on DoneRite Pumps, Inc.'s property or involving organization-related activities must be reported to Luis Navarro immediately. If a worker's compensation or other claim is evident, the safety coordinator should contact the organization's insurance agent or broker within 24 hours at (305)888-5747 during normal business hours. 24 Accident Investigation Form/Vehicular Named of Injured Employee: Date of Accident: Job Title: Time of Accident: Location of Accident: Name of Witness(s): Description of Accident: Task being performed at time of accident: Equipment, tools, personal protective equipment, procedures being used: Description of injury/illness (Include accident type and body part injured) Describe all contributing factors: Description of work area: 25 Witness's account of accident: What where the basic causes of the accident(usually multiple causes)? Corrective measures to be implemented to prevent similar reoccurrence: Name of supervisor investigating accident: Date of investigation: Date & time reported to Insurance agency/company: Name of person reported to at insurance agency/company: 26 Accident Investigation Form To be sent to Luis Navarro within 3 days of the date of the accident. To be completed by appropriate supervisor: Date of Accident/Occurrence: Time: Place of Accident/Occurrence: Name of Injured person(s)(if any) 1. Was/were any other person(s) involved in, or witness to the accident? If so give employee(s) name(s), titles, departments, phone numbers; if not an employee, record name, company, phone number: 2. Was/were the person(s) involved appropriately trained and authorized? Give brief details of relevant training and authorization: 3. Are there any written rules or other regulations applicable to the work? If so give brief details: 27 4. Was there any apparent breach of rules or instructions, or any apparent malpractice? If so, give details: 5. Supervisor's additional comments: Supervisor's signature Date APPROPRIATE MANAGER TO COMPLETE PARTS 6 THROUGH 10 6. Do you endorse the supervisor's replies to Parts 1 to 5? If not, what would you alter, delete or add? 7. Is there any need to modify or add to existing rules or instructions? If so, what modifications or addition needs to be made? 28 8. Has the investigation identified any training need? If so, give details: 9. What action have you taken in respect of this accident? 10. Do you see any need for preventative action outside your department? If so, give details of the action and other departments concerned: Manager's signature Date WHEN COMPLETE,THIS FORM SHOULD BE IMMEDIATELY SUBMITTED TO LUIS NAVARRO 29 SAFETY VIOLATION REPORTING FORM Department: Date: Time: Name of employee: Name of department supervisor: Nature of safety violation: Consequences for this violation: Was the employee or contractor put on probation: Why or why not? Remedial activities or training recommended: 30 TABLE OF CONTENT Workplace safety program/Goals of Policy 1 Drug-free workplace policy 2,3 & 4 Safety rules & procedures/General Rules/All employees/Lifting Procedures 4 Safety rules & procedures/General Rules/All employees/Housekeeping 5 Safety rules & procedures/General Rules/All employees/Ladders and Step ladders 5 & 6 Safety rules & procedures/General Rules/All employees/Office Safety 6 Safety rules & procedures/General Rules/All employees/Doors 6 Safety rules & procedures/General Rules/All employees/Files 6 Safety rules & procedures/General Rules/All employees/Sharp Objects ...6 Safety rules & procedures/General Rules/All employees/Paper cutter/Shredder...6 Safety rules & procedures/General Rules/All employees/Electrical 7 Safety rules & procedures/General Rules/All employees/Fans 7 Safety rules & procedures/General Rules/All employees/Stairs 7 Mechanics & Mechanic's Assistants/Warehouse Safety. 7 Mechanics & Mechanic's Assistants/Hand truck operations 7 & 8 Mechanics & Mechanic's Assistants/Pallet jack use 8 Forklifts/Pre-use Inspection 8 & 9 Forklifts/Starting the forklift 9 Forklifts/Diesel fueled forklifts 9 Forklifts/Forklift safety rules 9 31 Forklifts/Lifting a load 9 Forklifts/Driving a forklift 9 & 10 Forklifts/Putting a load down ... 10 Hand Tool Safety/General safety 10 & 11 Hand Tool Safety/Pliers 11 Hand Tool Safety/files/Rasps ... 11 Hand Tool Safety/Chisels 11 Hand Tool Safety/Hammers 11 Hand Tool Safety/Screwdrivers ... 12 Hand Tool Safety/Wrenches 12 Hand Tool Safety/Vises 12 Hand Tool Safety/Clamps 12 Hand Tool Safety/Snips... 12 & 13 Hand Tool Safety/Tool boxes/Chests/Cabinets 13 Hand Tool Safety/Air Gun 13 Hand Tool Safety/Air Chisel 13 Hand Tool Safety/Heat Gun 13 Hand Tool Safety/Electrical Powered Tools 13 & 14 Hand Tool Safety/Pneumatic Tools 14 Hand Tool Safety/Saws 14 Band Saw 15 Powered Hack Saw 15 32 Belt Sander 15 Grinders 15 & 16 Lathes ... 16 Vertical & Horizontal Mill ... 16 Drill Press 17 Power Metal Shears 17 Lockout/Tagout 17 & 18 Machine Guarding/Machine safety 18 Sandblasting Safety 18 Presses & Press brakes 18 & 19 Welding/Cutting/Brazing 19 Oxyacetylene welding 19 & 20 Compressed Gas Cylinders/Storage & handling 20 Compressed Gas Cylinders/Use of compressed gas cylinders 20 & 21 Soldering Operations 21 Winding Machine 21 Baked-out Oven 21 Burn-off Oven 21 Winding Analyzer 21 & 22 Load Testing (Generators) 22 Hoist 22 Hazardous Materials 22 & 23 33 Truck/Vehicle Drivers... ..................23 On-Site/Field Service 23 Accident Reporting, Investigation & Analysis 24 Employee misconduct reporting, documenting 24 Accident Investigation Form/Vehicular 25 & 26 Accident Investigation form 27, 28 & 29 Safety Violation Reporting form 30 34 City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs NON-COLLUSION AFFIDAVIT STATE OF VLb COUNTY OF M %Pv)-k-% \ Before me,the undersigned authority,personally appeared \--u v•-•• NP'.J 4-( — ,who,after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He/She is C � �''') .1 of rt-a. c-‘ -'lL 6-`1-�-, the Bidder that has submitted a Bid to perform work for the following: ^� ` ITB No.: )-S � D "t Title: (�L t t t tt 4 i�c•-(47 QKL2- b. He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circumstances respecting such Solicitation. Such Bid is genuine and is not a collusive or sham Bid. c. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Solicitation and contract for which the attached Bid has been submitted or to refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm,or person to fix the price or prices in the attached Bid or any other Bidder,or to fix any overhead,profit,or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested in the proposed contract. d. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents,representatives,owners,employees,or parties in interest,including this affiant. Signature Subscribed nd sworn to (or affirmed)before me this day of ')P.4=S/li>P 1 2035 by Lu t'W , who is personally know, to me or who lias produced as identification. SEAL Notary Signature i. ' I ' Notary Name: ft5+h.er Notary Public Public(State): VIon d �►"'` ESTHER FIGUEREDO My Commission No: N A 0'7'77'3 3 '4 • WY COMMISSION* 017733:•: Expires on: '118 ' P EXPIRES:April 8,2025 'eoi is?•••• Bonded Thu Notary Public Underellers City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs TRUTH—IN —NEGOTIATION CERTIFICATE The undersigned warrants (i)that it has not employed or retained any company or person, other than bona fide employees working solely for the undersigned,to solicit or secure the Agreement and(ii)that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than its bona fide employees working solely for the undersigned or agreed to pay any fee, commission, percentage,gift, or any other consideration contingent upon or resulting from the award or making of the Agreement. The undersigned certifies that the wage rates and other factual unit costs used to determine the compensation provided for in the Agreement are accurate, complete, and current as of the date of the Agreement. (This document must be executed by a Corporate Officer.) Name �U L5 1L-0 Title: CZ_ - e(U2A, Date: ; (.\11 Signature: City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs Scrutinized Company Certification This certification is required pursuant to Florida State Statute Section 287.135. As of July 1, 2011, a company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is ineligible for, and may not bid on,submit a proposal for,or enter into or renew a contract with an agency or local governmental entity for goods or services of$1 million or more. Companies must complete and return this form with its response. Company.. Aphr4 c211-C `v C76 FID or EIN No. 14-5 - s Address. Ute-Lk O V) '4:flA C 7 City. 0(7' State. F L - Zip. SOS 4 , as a representative of7 >-)1'4'e certify and affirm that this company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Signature Title Printed Name Date City of Delray Beach ITB No.202.5-024 Electric Motor Pump Repairs CITY OF DELRAY BEACH Affidavit Regarding the Use of Coercion for Labor and Services Vendor Name: ► � R1T . �V PLS l�.✓ G Vendor FEIN: l — Vendor's Authorized Representative Name and Title: � Address: t >' C) l,uL) City: 0`tV e-vo C -4 State: F L Phone Number: �'�C`S 1 �1�3 - Email Address: :--<-TS Q GoAoci Florida Statute§787.06(13)requires all nongovernmental entities executing,renewing,or extending a contract with a governmental entity to provide an affidavit signed by a officer or representative of the nongovernmental entity under penalty of perjury that the nongovernmental entity does not use coercion for labor or services as defined in that statute.The City of Delray Beach,Florida is a governmental entity for the purposes of this statute. As the officer or representative of the company,I certify that the company identified above does not: • Use or threaten to use physical force against any person; • Restrain, isolate, or confine or threaten to restrain, isolate, or confine any person without lawful authority and against his or her will; • Use lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied towards the liquidation of the debt,the length and nature of the labor or services are not respectively limited and defined; • Destroy, conceal, remove, confiscate, withhold, or possess any actual or purported passport,visa,or other immigration document,or any other actual or purported government identification, of any person; • Cause or threaten to cause financial harm to any person; • Entice or lure any person by fraud or deceit; • Provide controlled substances as outlined in Schedule I or Schedule II of Florida State City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs Statute§893.03 to any person for the purpose of exploitation of that person. Under penalties of perjury,I decla that I have read the foregoing document and the at the facts stated in it are true. Signature: (Authorized Signature) Print Name . ` � and Title: k' !� 0—i'1-Ab , • C&rsieD �r Date: / `a'U2� [The remainder of this page is intentionally left blank] City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SAMPLE PERFORMANCE BOND FORMAT Intentionally Omitted City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SAMPLE PERFORMANCE BOND FORMAT Intentionally Omitted City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SAMPLE LETTER OF CREDIT FORMAT Intentionally Omitted City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 9 SAMPLE AGREEMENT FORMAT Below is the standard agreement format for this Invitation to Bid. This is a sample agreement only and is subject to revisions. DO NOT COMPLETE. AGREEMENT THIS AGREEMENT is hereby made and entered into this day of , 2025, (the "effective date") by and between the City of Delray Beach,a Florida municipal corporation ("City"),whose address is 100 N.W. 151 Avenue, Delray Beach, Florida 33444, and , a corporation (hereafter referred to as "Contractor"),whose address is WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's Invitation to Bid No. (ITB) 2025-024, and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. 2025-024, and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Delray Beach 100 N.W. 15S Avenue Delray Beach, Florida 33444 Attn: City Manager City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs Email: ii. with a copy to: City of Delray Beach 100 N.W. 1s`Avenue Delray Beach, Florida 334.44 Attn: City Attorney Email: iii. As to the Contractor: � 2t '2- Quµ N2-40 %sw Vb3 , '-F Attn.: 1--u .h AAvP�2t� Email: mor ,(,'�TrZie0t,-cC21 .e....6k41N L L.C-0 r-+ b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. E-VERIFY REQUIREMENTS By entering into this Agreement Contractor acknowledges its obligation to comply with the provisions of Section 448.095, Fla.Stat., "Employment Eligibility."Contractor affirms and represents it is registered with the E-Verify system, utilizing same,and will continue to utilize same as required by law. Compliance with this section includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply with this section will result in the termination of this Agreement, or if your subcontractor knowingly violates the statute, the subcontract must be terminated immediately.Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If terminated for a violation of the statute by Contractor,the Contractor may be prohibited from conducting future business with the City or awarded a solicitation or contract for a period of 1 year after the date of termination. All costs incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Contractor. ARTICLE 6. CONTRACT TERM This term of this Agreement shall remain in effect for a term of three (3) years and may be renewed for(2)two additional,(1)one-year period(s),unless terminated earlier in accordance with terms set forth in the ITB. ARTICLE 7. AFFIDAVIT REQUIREMENTS Pursuant to Florida Statute §787.06(13), Contractor has provided to the City an affidavit City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs executed by an officer or representative of the nongovernmental entity under penalty of perjury attesting that Contractor does not use coercion for labor or services as defined in the statute (Remainder of this page is intentionally left blank.) City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereinafter written. CITY OF DELRAY BEACH, FLORIDA [SEAL] By: Thomas F. Carney,Jr., Mayor ATTEST: By: Alexis Givings,City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Lynn Gelin, City Attorney CONTRACTOR [SEAL] By: Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization,this_day of ,20_, by (name of person), as (type of authority)for (name of party on behalf of whom instrument was executed). Personally known_OR Produced Identification Type of Identification Produced Notary Public—State of City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 DEFINITIONS document or in the addenda issued.Where there appears to a. Bid:any offer(s)submitted in response to an Invitation to Bid. be a conflict between the Solicitation and any addenda,the last addendum issued shall prevail. It is the vendor's b. Bidder: person or firm submitting a Bid in response to an responsibility to ensure receipt of all addenda, and any Invitation to Bid. accompanying documentation. The vendor is required to submit with its Bid or Bid a signed "Acknowledgment of c. Bid Solicitation or Invitation to Bid: this Solicitation Addenda"form,when any addenda have been issued. documentation,including any and all addenda. 10.4 LEGAL REQUIREMENTS d. Bid Submittal Form: describes the goods or services to be This Solicitation is subject to all legal requirements contained purchased and must be completed and submitted with the in the applicable City Ordinances and Resolutions,as well as Bid. all applicable City,State,and Federal Statutes.Where conflict exists between this Bid Solicitation and these legal e. City:shall refer to the City of Delray Beach,Florida. requirements, the authority shall prevail in the following order:Federal,State,and local. f. Contract or Agreement:Invitation to Bid,all addenda issued thereto,all affidavits,the signed agreement, and all related 10.5 CHANGE OF BID documents which comprise the totality of the contract or Prior to the scheduled Bid opening a Bidder may change its agreement between the City and the Bidder. Bid by submitting a new Bid(as indicated on the cover page) with a letter on the firm's letterhead,signed by an authorized g. Contractor: awarded Bidder or Bidder who is awarded a agent stating that the new submittal replaces the original contract to provide goods or services to the City. submittal.The new submittal shall contain the letter and all information as required for submitting the original Bid. No h. Invitation to Bid: formal request for Bids from qualified changes to a Bid will be accepted after the Bid has been Bidders. opened. i. Purchasing Division:Purchasing Division of the City of Delray 10.6 WITHDRAWAL OF BID Beach,Florida. A Bid shall be irrevocable unless the Bid is withdrawn as provided herein. Only a written letter received by the j. Responsible Bidder: Bidder which has the capability Purchasing Division prior to the Bid opening date may in all respects to perform in full the contract requirements,as withdraw a Bid. A Bid may also be withdrawn ninety(90)days stated in the Invitation to Bid,and the integrity and reliability after the Bid has been opened and prior to award, by that will assure good-faith performance. submitting a letter to the Purchasing and Contracts Director. The withdrawal letter must be on company letterhead and k. Responsive Bidder:Bidder whose Bid conforms in all material signed by an authorized agent of the Bidder. respects to the terms and conditions included in the Invitation to Bid. 10.7 CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be a conflict between the General 10.2 CONE OF SILENCE Terms and Conditions, Special Conditions, the Technical Pursuant to Section 2-355 of Palm Beach County Ordinance Specifications, the Bid Submittal Form, or any addendum No. 2011-039, and the purchasing policies of the City of issued,the order of precedence shall be:the last addendum Delray Beach,all Solicitations,once advertised and until the issued,the Bid Submittal Form,the Technical Specifications, appropriate authority has approved an award the Special Conditions, and then the General Terms and recommendation,are under the"Cone of Silence". This limits Conditions. and requires documentation of communications between potential Bidders and/or Bidders on City Solicitations, the 10.8 PROMPT PAYMENT TERMS City's professional staff,and the City Council members. It is the policy of the City of Delray Beach that payment for all purchases by City departments shall be made in a timely 10.3 ADDENDUM manner. The City will pay the awarded Bidder upon receipt The Purchasing Division may issue an addendum in response and acceptance of the goods or services by a duly authorized to any inquiry received, prior to the close of the Solicitation representative of the City. In accordance with Section 218.74, period,which changes,adds,or clarifies the terms,provisions, Florida Statutes,the time at which payment shall be due from or requirements of the Solicitation.The Bidder should not rely the City shall be forty-five(45)days from receipt of a proper on any representation, statement, or explanation, whether invoice. The time at which payment shall be due to small written or verbal,other than those made in the Solicitation businesses shall be thirty(30)days from receipt of a proper City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs invoice. Proceedings to resolve disputes for payment of Solicitation as deemed in its best interest.The City shall obligations shall be concluded by final written decision of the be the sole judge of its best interest. City Manager or designee,not later than sixty(60)days after the date on which the proper invoice was received by the City. b. The City reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are 10.9 DISCOUNTS(PROMPT PAYMENTS) determined to be unreasonable, or it is otherwise The Bidder may offer cash discounts for prompt payments; determined to be in the City's best interest to do so. however, such discounts will not be considered in determining the lowest price during Bid evaluation. Bidders c. The City reserves the right to negotiate prices with the are requested to provide prompt payment terms in the space responsive and responsible low Bidder, provided that provided on the Bid submittal signature page of the the scope of work of this Solicitation remains the same. Solicitation. d. The Bidder's performance as a prime contractor or 10.10 PREPARATION OF BIDS subcontractor on previous City contracts shall be taken a. The Bid forms define requirements of items to be into account in evaluating the Bid received for this Bid purchased,and must be completed and submitted with Solicitation. the Bid.Use of any other forms will result in the rejection of the Bidder's offer. The Bid submittal forms must be e. The City will provide a copy of the Bid Tabulation to all legible. Bidders shall use typewriter, computer, or ink. Bidders responding to this Solicitation. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause f. The Bid Solicitation, any addenda and/or properly the Bid to be rejected. executed modifications, the signed Agreement, the purchase order,and any change order(s)shall constitute b. An authorized agent of the Bidder's firm must sign the the contract. Bid submittal form. Failure to sign the Signature Page of the Bid shall render the Bid non-responsive. g. The Purchasing and Contracts Director will decide all tie Bids. c. The Bidder may be considered non-responsive if Bids are conditioned upon modifications,changes,or revisions to h. Award of this Bid may be predicated on compliance with the terms and conditions of this Solicitation. and submittal of all required documents as stipulated in the Bid Solicitation. d. The Bidder may submit alternate Bid(s) for the same Solicitation provided that such offer is allowable under i. The City reserves the right to request and evaluate the terms and conditions. The alternate Bid must meet additional information from any Bidder after the or exceed the minimum requirements and be submitted submission deadline as the City deems necessary. as a separate Bid submittal marked"Alternate Bid". 10.13 CONTRACT EXTENSION e. When there is a discrepancy between the unit prices and The City reserves the right to automatically extend any any extended prices,the unit prices will prevail. agreement for a maximum period not to exceed ninety(90) calendar days in order to provide City departments with f. Late Bids will not be accepted and will be returned to the continual service and supplies while a new agreement is being sender unopened. It is the Bidder's responsibility to solicited,evaluated,and/or awarded. ensure timely delivery by the due date and time,and at the place stated in this Solicitation. No exceptions will 10.14 WARRANTY be made due to weather,carrier,traffic,illness,or other All warranties express and implied shall be made available to issues. the City for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded 10.11 CANCELLATION OF BID SOLICITATION Bidder against factory defects and workmanship. At no The City of Delray Beach reserves the right to cancel,in whole expense to the City,the awarded Bidder shall correct any and or in part,any Invitation to Bid when it is in the best interest all apparent and latent defects that may occur within the of the City. manufacturer's standard warranty. 10.12 AWARD OF CONTRACT 10.15 ESTIMATED QUANTITIES a. The contract may be awarded to the responsive and Estimated quantities or dollars are for Bidder's guidance only: responsible Bidder meeting all requirements as set forth (a)estimates are based on the City's anticipated needs and/or in the Solicitation.The City reserves the right to reject usage;and(b)the City may use these estimates to determine any and all Bids,to waive irregularities or technicalities, the low Bidder. No guarantee is expressed or implied as to and to re-advertise for all or any part of this Bid quantities or dollars that will be used during the contract City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs period. The City is not obligated to place any order for the 10.20 LICENSES,PERMITS AND FEES given amount subsequent to the award of this Bid Solicitation. The awarded Bidder(s) shall hold all licenses and/or certifications, obtain and pay for all permits and/or 10.16 NON-EXCLUSIVITY inspections, and comply with all laws, ordinances, It is the intent of the City to enter into an agreement with the regulations,and building code requirements applicable to the awarded Bidder that will satisfy its needs as described herein. work required herein: Damages, penalties, and/or fines However, the City reserves the right as deemed in its best imposed on the City or an awarded Bidder for failure to obtain interest to perform,or cause to be performed,the work and and maintain required licenses,certifications,permits,and/or services, or any portion thereof, herein described in any inspections shall be borne by the awarded Bidder. manner it sees fit,including but not limited to,award of other contracts,use of any contractor,or perform the work with its 10.21 SUBCONTRACTING own employees. Unless otherwise specified in this Bid Solicitation, the awarded Bidder shall not subcontract any portion of the work 10.17 CONTINUATION OF WORK without the prior written consent of the City. The ability to Any work that commences prior to and will extend beyond subcontract may be further limited by the Special Conditions. the expiration date of the current contract period shall,unless Subcontracting without the prior consent of the City may terminated by mutual written agreement between the City result in termination of the contract for default. and the awarded Bidder, continue until completion at the same prices,terms,and conditions. 10.22 ASSIGNMENT The awarded Bidder shall not assign,transfer, hypothecate, 10.18 PROTEST or otherwise dispose of this contract, including any rights, a. A recommendation for contract award or rejection of title,or interest therein,or its power to execute such contract award may be protested by a Proposer. The Proposer may to any person, company, or corporation without the prior file a written protest with the City Clerk's office.The Proposer written consent of the City. Assignment without the prior shall file its written protest with the City Clerk, Monday consent of the City may result in termination of the contract through Friday,between the hours of 8:00 a.m.and 5:00 p.m., for default. excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the 10.23 SHIPPING TERMS petitioner's representative(if any),and the title and Proposal Unless otherwise specified in the Bid Solicitation, prices number of the Solicitation. The protest shall specifically quoted shall be F.O.B.Destination. Freight shall be included describe the subject matter,facts giving rise to the protest, in the proposed price. and the action requested from the City. 10.24 RESPONSIBILITIES AS EMPLOYER b.The written protest must be received within three business The employee(s)of the awarded Bidder shall be considered days from the time of the initial posting of the intended to be at all times its employee(s),and not an employee(s)or award. Notice of Intent to Award shall be posted in BidNet agent(s)of the City or any of its departments. The awarded Direct. Failure to file a timely formal written protest within Bidder shall provide physically competent employee(s) the time period specified shall constitute a waiver by the capable of performing the work as required. The City may Proposer of all rights of protest under this procedure require the awarded Bidder to remove any employee it Purchasing Procedure Manual deems unacceptable. All employees of the awarded Bidder httos://www.delravbeachfl.Rov/home/showaublisheddocu shall wear proper identification. ment/12270/638140626086330000. It is the awarded Bidder's responsibility to ensure that all its c. The letter of protest shall be accompanied by a non- employees and subcontractors comply with the employment refundable protest application fee in an amount equal to one regulations required by the US Department of Homeland percent(1%)of the protestor's bid or five thousand dollars Security. The City shall have no responsibility to check or ($5,000.00), whichever is less. The protest application fee verify the legal immigration status of any employee of the must be a cashier's check,a certified check,or an attorney's awarded Bidder. trust account check made payable to the City of Delray Beach. Failure to provide the required protest application fee shall 10.25 INDEMNIFICATION deem the protest as incomplete and invalid. The awarded Bidder shall indemnify and hold harmless the City and its officers,employees,agents,and instrumentalities 10.19 LAWS AND REGULATIONS from any and all liability, losses or damages, Including The awarded Bidder shall comply with all laws and regulations attorney's fees and costs of defense, which the City or its applicable to provide the goods or services specified in this officers,employees,agents,or instrumentalities may incur as Bid Solicitation. The Bidder shall be familiar with all federal, a result of claims, demands, suits, causes of actions, or state,and local laws that may affect the goods and/or services proceedings of any kind or nature arising out of,relating to, offered. or resulting from the performance of the agreement by the awarded Bidder or its employees,agents,servants,partners, City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs principals, or subcontractors. The awarded Bidder shall pay The City reserves the right to terminate this contract,in part all claims and losses in connection therewith, and shall or in whole,or place the vendor on probation in the event the investigate and defend all claims,suits,or actions of any kind awarded Bidder fails to perform in accordance with the terms or nature in the name of the City,where applicable,including and conditions stated herein by providing written notice of appellate proceedings,and shall pay all costs,judgments,and such failure or default and by specifying a reasonable time attorney's fees which may be incurred thereon. The awarded period within which the awarded Bidder must cure any such Bidder expressly understands and agrees that any insurance failure to perform or default. If the awarded Bidder fails to protection required by this contract agreement or otherwise cure the default within the time specified,the City may then provided by the awarded Bidder shall in no way limit the terminate the subject contract by providing written notice to responsibility to indemnify, keep and save harmless, and the awarded Bidder. The City further reserves the right to defend the City or its officers, employees, agents, and suspend or debar the awarded Bidder in accordance with the instrumentalities as herein provided. appropriate City ordinances, resolutions, and/or policies. The vendor will be notified by letter of the City's intent to 10.26 COLLUSION terminate. In the event of termination for default, the City A Bidder recommended for award as the result of a may procure the required goods and/or services from any competitive Solicitation for any City purchases of supplies, source and use any method deemed in its best interest. All materials,and services(including professional services,other re-procurement costs shall be borne by the incumbent than professional architectural, engineering, and other Bidder. services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shall, 10.30 FRAUD AND MISREPRESENTATION within five (5) business days of the filing of such Any individual, corporation, or other entity that attempts to recommendation, submit an affidavit under the penalty of meet its contractual obligations with the City through fraud, perjury,on a form provided by the City,stating either that the misrepresentation, or material misstatement, may be contractor is not related to any of the other parties Bidding in debarred for up to five (5) years. The City, as a further the competitive Solicitation or identifying all related parties, sanction, may terminate or cancel any other contracts with as defined in this Section, which Bid in the Solicitation; and such individual, corporation, or entity. Such individual or attesting that the contractor's Bid is genuine and not a sham entity shall be responsible for all direct or indirect costs or collusive or made in the interest or on behalf of any person associated with termination or cancellation, including not therein named,and that the contractor has not,directly attorney's fees. or indirectly,induced or solicited any other Bidder to put in a sham Bid,or any other person,firm,or corporation to refrain 10.31 ACCESS AND AUDIT OF RECORDS from proposing, and that the Bidder has not in any manner The City reserves the right to require the awarded Bidder to sought by collusion to secure to the Bidder an advantage over submit to an audit by an auditor of the City's choosing at the any other Bidder. In the event a recommended Bidder awarded Bidder's expense. The awarded Bidder shall provide identifies related parties in the competitive Solicitation its Bid access to all of its records,which relate directly or indirectly shall be presumed to be collusive and the recommended to this Agreement, at its place of business during regular Bidder shall be ineligible for award unless that presumption is business hours. The awarded Bidder shall retain all records rebutted to the satisfaction of the City.Any person or entity pertaining to this Agreement,and upon request, make them that fails to submit the required affidavit shall be ineligible for available to the City for three(3)years following expiration of contract award. the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or 10.27 MODIFICATION OF CONTRACT audit by the City to ensure compliance with applicable The contract may be modified by mutual consent, in writing, accounting and financial standards. through the issuance of a modification to the contract, a supplemental agreement, purchase order, or change order, 10.32 OFFICE OF THE INSPECTOR GENERAL as appropriate. Palm Beach County has established the Office of the Inspector General,which is authorized and empowered to review past, 10.28 TERMINATION FOR CONVENIENCE present, and proposed County programs, contracts, The City,at its sole discretion,reserves the right to terminate transactions, accounts and records. The Inspector General any contract entered into pursuant to this Invitation to Bid (IG)has the power to subpoena witnesses,administer oaths, (ITB) with or without cause immediately upon providing require the production of records, and monitor existing written notice to the awarded Bidder. Upon receipt of such projects and programs. The Inspector General may, on a notice, the awarded Bidder shall not incur any additional random basis,perform audits on all City contracts. costs under the contract. The City shall be liable only for reasonable costs incurred by the awarded Bidder prior to the 10.33 PRE-AWARD INSPECTION date of the notice of termination. The City shall be the sole The City may conduct a pre-award inspection of the Bidder's judge of"reasonable costs." site or hold a pre-award qualification hearing to determine if the Bidder is capable of performing the requirements of this 10.29 TERMINATION FOR DEFAULT Bid Solicitation. City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs h. Making internal practices,books,and records related to 10.34 PROPRIETARY AND/OR CONFIDENTIAL INFORMATION PHI available to the City of Delray Beach for compliance Bidders are hereby notified that all information submitted as audits. part of, or in support of Bid submittals will be available for public inspection after the opening of Bids in compliance with PHI shall maintain its protected status regardless of the form Chapter 119 of the Florida Statutes, popularly known as the and method of transmission(paper records and/or electronic "Public Record Law." The Bidder shall not submit any transfer of data). The Bidder must give its customers written information in response to this Solicitation which the Bidder notice of its privacy information practices, including considers to be a trade secret, proprietary, or specifically,a description of the types of uses and disclosures confidential. The submission of any information to the City in that would be made with protected health information. connection with this Solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which 10.36 ADDITIONAL FEES AND SURCHARGES would otherwise be available to the Bidder. In the event that Unless provided for in the contract/agreement, the City will the Bidder submits information to the City in violation of this not make any additional payments such as fuel surcharges, restriction, either inadvertently or intentionally, and clearly demurrage fees,or delay-in-delivery charges. identifies that information in the Bid as protected or confidential, the City may, in its sole discretion, either (a) 10.37 COMPLIANCE WITH FEDERAL STANDARDS communicate with the Bidder in writing in an effort to obtain All items to be purchased under this contract shall be in the Bidder's withdrawal of the confidentiality restriction, or accordance with all governmental standards,to include, but (b) endeavor to redact and return that information to the not be limited to,those issued by the Occupational Safety and Bidder as quickly as possible,and if appropriate,evaluate the Health Administration (OSHA), the National Institute of balance of the Bid. The redaction or return of information Occupational Safety Hazards (NIOSH), and the National Fire pursuant to this clause may render a Bid non-responsive. Protection Association(NEPA). 10.35 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 10.38 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF (HIPAA) FEDERAL FUNDING Any person or entity that performs or assists the City of Delray If the goods or services to be acquired under this Solicitation Beach with a function or activity involving the use or are to be purchased,in part or in whole,with Federal funding, disclosure of "individually identifiable health information it is hereby agreed and understood that Section 60-250.4, (11111)and/or Protected Health Information(PHI)shall comply Section 60-250.5, and Section 60-7411.4 of Title 41 of the with the Health Insurance Portability and Accountability Act United States Code, which addresses Affirmative Action (HIPAA)of 1996. HIPAA mandates for privacy,security, and requirements for disabled workers, is incorporated into this electronic transfer standards include,but are not limited to: Solicitation and resultant contract by reference. a. Use of information only for performing services required 10.39 BINDING EFFECT by the contract or as required by law; All of the terms and provisions of this contract/agreement, whether so expressed or not,shall be binding upon,inure to b. Use of appropriate safeguards to prevent non-permitted the benefit of, and be enforceable by the parties and their disclosures; respective legal representatives, successors, and permitted assigns. c. Reporting to the City of Delray Beach any non-permitted use or disclosure; 10.40 SEVERABILITY In the event any term or provision of any contract or d. Assurances that any agents and subcontractors agree to agreement entered into pursuant to this Solicitation is found the same restrictions and conditions that apply to the by a court of competent jurisdiction to be invalid, the Bidder and reasonable assurances that IIHI/PHI will be remaining terms and provisions shall continue to be effective held confidential; and shall be interpreted and given meaning to the greatest possible extent in the absence of any severed terms or e. Making Protected Health Information (PHI)available to provisions. the customer; 10.41 GOVERNING LAW AND VENUE f. Making PHI available to the customer for review and This contract and all transactions contemplated by this amendment, and incorporating any amendments agreement shall be governed by and construed and enforced requested by the customer; in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all g. Making PHI available to the City of Delray Beach for an proceedings in connection herewith shall lie exclusively in accounting of disclosures;and Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs based on the Davis-Bacon Act,and the provisions of any other 10.42 ATTORNEY'S FEES wages laws,as may be applicable to this Contract. It is hereby understood and agreed that in the event any lawsuit in the judicial system,federal or state, is brought to 10.48 PACKING SLIP AND DELIVERY TICKET enforce compliance with this contract or interpret same,or if A packing slip and/or delivery ticket shall accompany all items any administrative proceeding is brought for the same during delivery to the City. The documents shall include purposes,each party shall pay their own attorney's fees and information on the contract number or purchase order, any costs,including appellate fees and costs. back order items,and the number or quantity of items being delivered. 10.43 EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION The City of Delray Beach complies with all laws prohibiting 10.49 PURCHASE OF OTHER ITEMS discrimination on the basis of age, race, gender, religion, The City reserves the right to purchase other related goods or creed, political affiliation, sexual orientation, physical or services, not listed in the Solicitation, during the contract mental disability, color or national origin, and therefore is term. When such requirements are identified,the City may committed to assuring equal opportunity in the award of request price quote(s) from the awarded Bidder(s) on the contracts and encourages small, local, minority, and female- contract. The City,at its sole discretion,will determine if the owned businesses to participate. prices offered are reasonable, and may choose to purchase the goods or services from the awarded Bidder, another During the performance of this contract,the awarded Bidder contract vendor,or a non-contract vendor. agrees it will not discriminate or permit discrimination in its hiring practices or in its performance of the contract. The 10.50 PUBLIC RECORDS awarded Bidder shall strictly adhere to the equal employment Florida law provides that municipal records shall at all times opportunity requirements and any applicable requirements be available to the public for inspection. Chapter 119,Florida established by the State of Florida, Palm Beach County and Statutes, the Public Records Law, requires that all material the federal government. submitted in connection with a Bid response shall be deemed The awarded Bidder further acknowledges and agrees to to be public record subject to public inspection upon award, provide the City with all information and documentation that recommendation for award, or thirty (30) days after Bid may be requested by the City from time to time regarding the opening,whichever occurs first. Certain exemptions to public Solicitation, selection, treatment and payment of disclosure are statutorily provided for in Section 119.07, subcontractors, suppliers, and vendors in connection with Florida Statutes. If the Bidder believes any of the information this Contract. contained in his/her/its Bid is considered confidential and/or proprietary, inclusive of trade secrets as defined in Section 10.44 AVAILABILITY OF CONTRACT TO OTHER CITY DEPARTMENTS 811.081, Florida Statutes, and is exempt from the Public It is agreed and understood that any City department or Records Law, then the Bidder, must in its response, agency may access this contract and purchase the goods or specifically identify the material which is deemed to be services awarded herein. Each City department will issue a exempt and state the legal authority for the exemption. All separate purchase order to the awarded Bidder for the materials that qualify for exemption from Chapter 119, department's specific purchases. Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as "EXEMPT FROM 10.45 CRIMINAL HISTORY BACKGROUND CHECKS PUBLIC DISCLOSURE" with the firm's name and the Bid Prior to hiring a contract employee or contracting with a number clearly marked on the outside. The City will not Bidder, the City may conduct a comprehensive criminal accept Bids when the entire Bid is labeled as exempt from background check by accessing any Federal,State,or local law disclosure. The City's determination of whether an enforcement database available. The contract employee or exemption applies shall be final, and the Bidder agrees to Bidder will be required to sign an authorization for the City to defend, indemnify,and hold harmless the City and the City's access criminal background information. The costs for the officers,employees,and agents,against any loss or damages background checks shall be borne by the City. incurred by any person or entity as a result of the City's treatment of records as public records. 10.46 LABOR,MATERIALS,AND EQUIPMENT Unless specified elsewhere in the Solicitation or resultant The awarded Bidder(s)shall keep and maintain public records contract,all labor,materials,and equipment required for the and fully comply with the requirements set forth at Section performance of the requirements of the Contract shall be 119.0701, Florida Statues,as applicable;failure to do so shall supplied by the awarded Bidder. constitute a material breach of any and all agreements awarded pursuant to this Solicitation. 10.47 MINIMUM WAGE REQUIREMENTS The awarded Bidder shall comply with all minimum wage and 10.51 CONFLICTS OF INTEREST living wage requirements,such as Living Wage requirements, All Bidders must disclose with their Bid the name of any minimum wages based on Federal Law, minimum wages officer,director,or agent who is also an employee of the City of Delray Beach. Further,all Bidders must disclose the name City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs of any City employee who has any interest, financial or such deficiency in writing. If the awarded Bidder fails to otherwise,direct or indirect,of five percent(5%)or more in correct the defect,the City may(a)place the awarded Bidder the Bidders'firm or any of its branches. Failure to disclose in default of its contract;and/or(b)procure the products or any such affiliation will result in disqualification of the Bidder services from another source and charge the awarded Bidder from this Invitation to Bid and may be grounds for further for any additional costs that are incurred by the City for this disqualification from participating in any future Bids with the work or items, either through a credit memorandum or City. through invoicing. 10.52 PUBLIC ENTITY CRIMES 10.57 ACCIDENT PREVENTION AND BARRICADES As provided in Section 287.133(2) (a), Florida Statutes, a Precautions shall be exercised at all times for the protection person or affiliate who has been placed on the convicted of persons and property. All awarded Bidders performing vendors list following a conviction for a public entity crime services or delivering goods under this contract shall conform may not submit a Bid on a contract to provide any goods or to all relevant OSHA,State,and County regulations during the services to a public entity;may not submit a Bid on a contract course of such effort. Any fines levied by the above- with a public entity for the construction or repair of a public mentioned authorities for failure to comply with these building or public work;may not submit Bids on leases of real requirements shall be borne solely by the awarded Bidder. property to a public entity;may not be awarded or perform Barricades shall be provided by the awarded Bidder when work as a contractor,supplier,subcontractor,or consultant work is performed in areas traversed by persons, or when under a contract with any public entity. deemed necessary by the City. 10.53 OTHER GOVERNMENTAL AGENCIES 10.58 OMISSIONS IN SPECIFICATIONS If a Bidder is awarded a contract as a result of this ITB,the The specifications and/or statement of work contained within Bidder shall allow other governmental agencies to access this this Solicitation describe the various functions and classes of contract and purchase the goods and services under the work required as necessary for the completion of the project. terms and conditions at the prices awarded,as applicable. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall 10.54 COMPLETION OF WORK AND DELIVERY not relieve the Bidder from furnishing, installing, or All work shall be performed and all deliveries made in performing such work where required to the satisfactory accordance with good commercial practice. The work completion of the project. schedule and completion dates shall be adhered to by the awarded Bidder(s), except in such cases where the 10.59 MATERIALS SHALL BE NEW AND WARRANTED AGAINST completion date will be delayed due to acts of nature,force DEFECTS majeure,strikes, or other causes beyond the control of the The awarded Bidder hereby acknowledges and agrees that all awarded Bidder. In these cases, the awarded Bidder shall materials, except where recycled content is specifically notify the City of the delays in advance of the original requested, supplied by the awarded Bidder in conjunction completion so that a revised delivery schedule can be with this Solicitation and resultant contract shall be new, appropriately considered by the City. warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded Bidder are found to be defective or do not 10.55 FAILURE TO DELIVER OR COMPLETE WORK conform to specifications,(1)the materials may be returned Should the awarded Bidder(s)fail to deliver or complete the to the awarded Bidder at the Bidder's expense and the work within the time stated in the contract, it is hereby contract cancelled;or(2)the City may require the awarded agreed and understood that the City reserves the authority to Bidder to replace the materials at the Bidder's expense. cancel the contract with the awarded Bidder and secure the services of another vendor to purchase the items or complete 10.60 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" the work. If the City exercises this authority,the City shall be REGULATIONS responsible for reimbursing the awarded Bidder for work that The Federal"Right to Know"Regulation implemented by the was completed,and items delivered and accepted by the City Occupational Safety and Health Administration (OSHA) in accordance with the contract specifications. The City may, requires employers to inform their employees of any toxic at its option, demand payment from the awarded Bidder, substances to which they may be exposed in the workplace, through an invoice or credit memo,for any additional costs and to provide training in safe handling practices and over and beyond the original contract price which were emergency procedures. It also requires notification to local incurred by the City as a result of having to secure the services fire departments of the location and characteristics of all toxic of another vendor. substances regularly present in the workplace. 10.56 CORRECTING DEFECTS Accordingly, the awarded Bidder(s) performing under this The awarded Bidder shall be responsible for promptly contract are required to provide two (2) complete sets of correcting any deficiency,at no cost to the City,within three Material Safety Data Sheets to each City department utilizing (3)calendar days after the City notifies the awarded Bidder of the any awarded products that are subject to these City of Defray Beach ITB No.2025-024 Electric Motor Pump Repairs regulations.This information should be provided at the time period equal to that during which either party's performance when the initial delivery is made, on a department-by- is suspended under this section. department basis. 10.65 NOTICES 10.61 TAXES Notices shall be effective when received at the addresses The City of Delray Beach is exempt from Federal and State specified in the contract/agreement. Changes in respective taxes for tangible personal property. addresses to which such notices are to be directed may be made from time to time by either party by written notice to 10.62 BIDDER'S COSTS the other party. Facsimile and email transmissions are The City shall not be liable for any costs incurred by Bidders acceptable notice effective when received; however, in responding to this Invitation to Bid. facsimile and email transmissions received after 5:00 p.m.or on weekends or holidays will be deemed received on the next 10.63 SUBSTITUTION OF PERSONNEL business day. The original of the notice must also be mailed It is the intention of the City that the awarded Bidder's to the receiving party. personnel proposed for the contract shall be available for the initial contract term. In the event the awarded Bidder wishes Nothing contained in this section shall be construed to restrict to substitute personnel, the awarded Bidder shall propose the transmission of routine communications between personnel of equal or higher qualifications, and all representatives of the successful Proposer and the City of replacement personnel are subject to the City's approval. In Delray Beach. the event the substitute personnel are not satisfactory to the City,and the matter cannot be resolved to the satisfaction of 10.66 POOL CONTRACTS the City,the City reserves the right to cancel the contract for During the term of contracts and agreements that are cause. executed as vendor pools, awarding vendors in prequalified pools of vendors, either as a general pool or by categories, 10.64 FORCE MAJEURE sub-categories, or groups,the City reserves the right to add The City and the awarded Bidder are excused from the new vendors to these contracts for goods or services not performance of their respective obligations under the awarded for the original Solicitation or as part of the general contract when and to the extent that their performance is pool category, sub-category or group. To be eligible to be delayed or prevented by any circumstances beyond their added to these pool contracts,a vendor must meet the same control,including fire,flood,explosion,strikes or other labor eligibility requirements established in the original Invitation disputes, natural disasters, public emergency, war, riot, civil to Bid. commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any 10.67 FISCAL FUNDING OUT type of transportation, equipment, or service from a public The City's obligation pursuant to any contract or agreement utility needed for their performance provided that: entered into in accordance with this Solicitation is specifically contingent upon the lawful appropriation of funds. Failure to a. The non-performing party gives the other party prompt lawfully appropriate funds for any contract or agreement written notice describing the particulars of the force awarded shall result in automatic termination of the contract majeure,including, but not limited to,the nature of the or agreement. occurrence and its expected duration,and continues to 10.68 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS furnish timely reports with respect thereto during the The bidder or proposer certifies,by submission of a response period of the force majeure. to this solicitation, that neither it nor its principals and b. The excuse of performance is of no greater scope and of subcontractors are presently debarred or suspended by any no longer duration than is required by the force majeure. Federal department or agency. c. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a result of the force majeure. END OF SECTION 10 d. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this section for a period in excess of two(2) months,provided that in extenuating circumstances,the City may excuse performance for a longer term. Economic hardship of the awarded Bidder shall not constitute a force majeure. The term of the contract shall be extended by a City of Delray Beach ITB No.2025-024 Electric Motor Pump Repairs SECTION 11 SOLICITATION SUMMARY The City of Delray Beach 100 N.W.In Avenue Delray Beach,FL 33444 PURCHASING DIVISION SOLICITATION SUMMARY IMPORTANT NOTICE The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitation. It is VERY IMPORTANT that the summary information you provide below is exactly the same information contained in your Bid. If subsequent to the opening of Bids,the City determines that the information contained in the electronic version of your Bid is different from the information on this Solicitation Summary, the City reserves the right to deem your Bid NON-RESPONSIVE, and remove your Bid from further evaluation and consideration for contract award. BID INFORMATION Bid Number: ITB No. 2025-024 Title: ELECTRIC MOTOR PUMP REPAIRS Due Date and Time: February 12, 2025, @ 2:00PM EST Name of Bidder: ��br`� t ;-SPS L Address: ►-��L.1 O t- 61-e - Contact Person: `-� v Bid Amount: $ G)- , C:-U -& O Authorized Signature: Date: a � /-)C� By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder's Bid to the City of Delray Beach. THIS SOLICITATION SUMMARY MUST BE SIGNED AND INCLUDED WITH YOUR SECURE ELECTRONIC BID SUBMITTAL THROUGH www.bidnetdirect.com/Loityof_detraybeach.