Air_Quality_and_Water_Damage_Assessment_(Addendum_#1_Revision).pdf

Mayor Chief Procurement Officer Buddy Dyer David Billingsley, CPSM, C.P.M.

INVITATION FOR BID (IFB)

IFB24-0021

AIR QUALITY AND WATER DAMAGE ASSESSMENT

The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses.

CITY OF ORLANDO PROCUREMENT AND CONTRACTS SITE

https://www.orlando.gov/Our-Government/Departments-Offices/OBFS/Procurement

City of Orlando

INVITATION FOR BID (IFB)

AIR QUALITY AND WATER DAMAGE ASSESSMENT

TABLE OF CONTENTS

1. INTRODUCTION

2. GENERAL INFORMATION

3. SUBMITTALS

4. SCOPE OF WORK

5. SPECIAL TERMS AND CONDITIONS

6. STANDARD TERMS AND CONDITIONS

7. VIRTUAL OPENING

8. ELECTRONIC PRICING FORM(S) INSTRUCTIONS

9. PRICING PROPOSAL

10. VENDOR QUESTIONNAIRE

Air Quality and Water Damage Assessment

1. INTRODUCTION

1.1. Summary

The City of Orlando (Referred to as “City”) seeks to establish a service contract with a qualified company to perform air quality and water damage assessment inspections and testing services at various City facilities.

1.2. Contact Information

Direct all questions and inquiries to the following:

Cindy Jordan, C.P.M.

Purchasing Agent III

400 South Orange Ave

Orlando, FL 32801

Email: cynthia.jordan@orlando.gov

Phone: (407) 246-2367

Department:

Facilities Management

1.3. Timeline

Issue Date February 14, 2024 mailto:cynthia.jordan@orlando.gov tel:(407)246-2367

Pre-Bid Conference (Non-

Mandatory)

February 23, 2024, 10:00am

JOIN THE VIRTUAL PRE-BID

CONFERENCE

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 291 171 368 244

Passcode: pW9wi3

Download Teams | Join on the web

Join with a video conferencing device cityoforlando@m.webex.com

Video Conference ID: 118 803 391 5

Alternate VTC instructions

Or call in (audio only)

+1 321-247-7568,,363156702# United

States, Orlando

Phone Conference ID: 363 156 702#

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

Cut-off date for Questions by

Bidder

March 4, 2024, 5:00pm mailto:cityoforlando@m.webex.com

Bid Due Date and Time March 13, 2024, 2:00pm

JOIN THE VIRTUAL BID OPENING

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 227 894 543 730

Passcode: LDTVLE

Download Teams | Join on the web

Join with a video conferencing device cityoforlando@m.webex.com

Video Conference ID: 111 590 238 3

Alternate VTC instructions

Or call in (audio only)

+1 321-247-7568,,439428800# United

States, Orlando

Phone Conference ID: 439 428 800#

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

mailto:cityoforlando@m.webex.com

2. GENERAL INFORMATION

2.1. SOLICITATION INFORMATION

The City’s Procurement and Contracts Division is the official source to obtain information relating to City of Orlando procurements. It is incumbent on the Respondent to obtain current response/submittal and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as:

• Solicitation documents are available for download from the City's e-Procurement

Portal ("Portal"):

You may access solicitation information by visiting the City’s Portal by clicking on the following link: https://procurement.opengov.com/portal/orlando

• You may also contact the Procurement and Contracts Division at (407) 246-2291 or visit us during normal business hours, to obtain award information and other documents at:

City of Orlando

Procurement and Contracts Division

400 South Orange Avenue, Fourth Floor

Orlando, Florida 32801

Please remember, email notification is provided as a courtesy to our Respondents, but it is the Respondent's responsibility to check with the City of Orlando’s Portal at:

https://procurement.opengov.com/portal/orlandofor current solicitations and other procurement information.

We appreciate your interest in doing business with the City of Orlando.

2.2. CONTRACT TERM

It is the intent of the City to award a Contract for a one (1) year term to begin upon approval and execution by the City. The Contract may, by mutual assent of the parties, be renewed for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months.

2.3. SCHEDULE

The Timeline Section of this solicitation contains the scheduled calendar of events with important dates and times for this Solicitation. Dates and times are subject to change by the City’s Chief Procurement Officer (CPO) or designee, at their sole discretion. If the

Procurement and Contracts Division determines that it is necessary to change these https://procurement.opengov.com/portal/orlando https://procurement.opengov.com/portal/orlando dates or times prior to the Solicitation Due Date, the change will be announced via an addendum.

2.4. PRE-SOLICITATION CONFERENCE

The purpose of a Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. A representative from the Procurement and Contracts

Division and a technical representative from the using department will be present to discuss the solicitation.

3. SUBMITTALS

Respondents are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the e-procurement Portal by the Due Date and time. The City shall not be responsible for any submission delays or failures caused by any occurrence. Respondents are expected to examine this solicitation, specifications, associated drawings, if any, and all instructions. Failure to do so will be at the

Respondent's risk.

Each Respondent shall furnish the information required on each response/submittal form and each accompanying sheet thereof on which an entry is made.

The following items must be completed and uploaded as part of your electronic submittal and are contained in the Vendor Questionnaire Section. Failure to complete and return required forms may result in your bid being deemed non-responsive and not considered for award.

A. Pricing - All prices shall be entered online through the City's e-Procurement portal.

B. Attachment A - References. This form must be downloaded, completed, and uploaded as a part of the submittal.

C. Attachment B -Respondent's Certification Form. This form must be downloaded, completed, signed, notarized, and uploaded as a part of the submittal.

D. Attachment C - Contract and Acceptance Form. This form must be downloaded, completed, signed, notarized, and uploaded as a part of the submittal.

E. Attachment D - Conflict of Interest Disclosure Form. This form must be downloaded, completed, signed, and uploaded as a part of the submittal.

F. Attachment E - Confidential and/or Proprietary Information Exemption Form.

This form must be downloaded, completed, signed, scanned, and uploaded as a part of the submittal.

G. Attachment F - Minority/Women-Owned Business Enterprise Participation Form.

This form must be downloaded, completed, and uploaded as a part of the submittal.

H. Attachment G - Veteran Business Enterprise Participation Form. This form must be downloaded, completed, and uploaded as a part of the submittal.

I. Copy of Respondent's current W-9 is to be signed and uploaded as a part of the submittal.

J. Bid Security, if applicable.

https://procurement.opengov.com/portal/orlando/projects/77288?section=687448

K. Proof of insurance - If applicable, please refer to Section 5 – Insurance

Requirements

Respondents shall register on the City’s e-Procurement Portal. Once registered, Respondents may view and click "Follow" to be a Prospective Respondent for this solicitation and will appear on the Follower’s list. Respondents that fail to Follow this project will not receive automated Addenda notifications, nor will they be able to submit a response in the Portal, and therefore will be unable to participate, nor be considered for this solicitation. Respondents must click “Draft Response” to properly begin and submit a response in the Portal.

The City will accept responses to this solicitation electronically via the e-Procurement

Portal until 2:00 PM on Wednesday, March 13, 2024. Responses received after the scheduled due date and time for submission will not be accepted. Responses submitted in any other format other than via the City's e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed.

Neither the City, nor the Software Administrator will be held responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, use of a malfunctioning electronic device, or the like. Respondents shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the

Respondent is using to submit a response. Failure of the Respondent to successfully submit an electronic response before the deadline indicated herein shall be at the

Respondent’s sole risk, and no relief will be given for late and/or improperly submitted response. Once file(s) have been uploaded and the Submission Status shows as

“Submitted” the submission is complete. At that point, the Respondent will also receive an email confirmation from the Portal.

Respondents may withdraw their submittal electronically via the Portal at any time prior to the scheduled due date and time for submission.

4. SCOPE OF WORK

4.1. OVERVIEW

The City of Orlando (Referred to as “City”) seeks to establish a service contract with a qualified Contractor to perform air quality and water damage assessment services at various City facilities.

This Contract is to perform inspections and testing to verify that the Work performed by the Remediation Contractor has been completed properly and in accordance with Florida building codes and established industry standards and guidelines. The Contractor’s employees shall be knowledgeable and trained in water, mold and air quality (reducing spores from air) improvements.

This Contract does not include the water damage restoration or mold remediation work, as the City has a current Contractor (Referred to as “Remediation Contractor”) that performs these services.

Water damage could be the result of flooding, water heater breaks, plumbing line breaks, roof leaks, or a host of other accidental and natural reasons that cause flooding. Water damage could be in the structures of the building such as floors, walls, ceilings, attics, heating, ventilation and air conditioning (HVAC) ducts, and other parts of a building. It also creates mold, mildew, and air quality issues that could be harmful to its occupants.

This Contract will not be used for disaster relief needs.

4.2. MINIMUM QUALIFICATIONS

A. The Bidder shall be actively in business and have performed mold assessment, inspection, and testing services of water damaged buildings and structures during the last three (3) years. Bidder should provide Client References under Attachment A, Bidder’s Questionnaire form.

B. The Bidder’s employees shall be knowledgeable and trained in water, mold, and air quality (reducing spores from air) improvements. All employees working under this

Contract shall hold either a Mold Assessor or a Mold Remediator license issued by the

Florida Department of Business and Professional Regulation. For additional information, please go to this website (https://www.myfloridalicense.com). Bidder should provide a copy of current license with bid submittal.

4.3. REFERENCE STANDARDS

The Contractor shall abide by Florida building codes and established industry standards and guidelines; such as ASTM D7338-14, IICRC, AND ICC standards (Links listed below).

A. ASTM = American Society for Testing and Materials https://www.astm.org/Standards/D7338.htm https://www.myfloridalicense.com/ https://www.astm.org/Standards/D7338.htm

B. IICRC = Institute of International Cleaning and Restoration Certification http://publications.iicrc.org/current-standards/s520-2015?qr=1 http://www.iicrc.org/page/IICRCStandards

C. ICC = International Code Council https://codes.iccsafe.org/content/IBC2018/chapter-12-interior-environment

4.4. GENERAL REQUIREMENTS

The City will notify the Contractor when said services are required by means of a Work

Order. This may be given orally instead of written notification as not to delay response time. The work will be on an as-needed basis as determined by the City’s representative. The Contractor shall have the capability to service multiple locations at any given time.

The Contractor shall furnish all labor, materials, supplies, tools, equipment, supervision, travel and toll charges to perform this Work as outlined herein at no additional cost to the

City.

The Contractor shall provide transportation to and from the job site. Any travel related expenses, including toll charges, will be the responsibility of the Contractor and will not be reimbursed by the City.

The Contractor’s response time shall be within twenty-four (24) hours after being notified by the City’s representative, commensurate with the gravity of the situation. The

Contractor must be available on a 24 hours/7 days/365 days a year basis, and provide response to a given situation with adequate equipment, personnel, and materials.

After the Remediation Contractor has completed their Work, the awarded Contractor of this Contract will be contacted by the City’s representative. The Contractor will then be required to inspect the premises carefully to ensure that the work performed by the

Remediation Contractor was performed correctly and in accordance with Florida building codes and established industry standards and guidelines for safe occupancy. Depending on the type and extent of water damage involved, the Contractor may be requested to perform additional inspections, testing and sampling.

The employees of the Contractor shall be knowledgeable and trained in water, mold, and air quality (reducing spores from air) improvements. All employees working under this

Contract must hold either a Mold Assessor or a Mold Remediator license issued by the

Florida Department of Business and Professional Regulation. All licenses shall be provided to the City’s representative before Work can begin.

4.5. TECHNICAL SPECIFICATIONS

This section should be used as general guidelines to follow, but it shall be noted that these are general guidelines only and the Contractor is responsible for performing all work http://publications.iicrc.org/current-standards/s520-2015?qr=1 http://www.iicrc.org/page/IICRCStandards https://codes.iccsafe.org/content/IBC2018/chapter-12-interior-environment required as per Florida building codes and established industry standards and guidelines before giving a "Clearance” for the building.

A. Verifications and Tests

The Contractor shall perform these services:

1. Verification that all required water damage restoration and mold remediation work has been completed properly.

2. Verification that the source of the mold problem and/or water entry has been corrected.

3. Verification that proper contamination procedures have been used in the course of mold remediation.

4. Verification that all surfaces and locations have been decontaminated and no residual contamination exists.

5. Perform Indoor Air Quality (IAQ) tests to ensure that elevated levels of mold/mildew/fungi do not exist.

B. Testing Categories

There are two (2) categories of testing that should be performed by the Contractor:

1. Surface Testing - Surface testing involves taking samples from various surfaces, and testing them to determine the existence and the concentrations of various mold species in order to verify that the extent of remediation performed is sufficient. To do this, the tested levels will be compared to established industry standards and guidelines.

2. Air Clearance Testing - Air Clearance testing involves taking samples of ambient air in various areas and testing them to verify that it is relatively free of spores and fungal levels, and as such the building is safe to reoccupy. In addition, the Contractor will be expected to perform any other inspections and tests necessary (according to established industry standards and guidelines) to give a “Clearance” for the building.

C. Inspections

1. A visual inspection of all surfaces must be performed initially of both the cleaned and the uncleaned areas to see if there is any evidence of debris or particulates, and any fungal growth or microbial presence. Visual inspection should reveal no evidence of fungal growth for all species of molds and water derived fungi and stachybotrys. Even when no doubt exist, surface tests and air sample tests must be performed to fully verify.

2. Key points of the inspection should include the following:

a) Determine the accuracy of the identifying causes and locations of water moisture entry as documented by the Remediation Contractor.

b) Delineate the obvious and hidden mold and moisture concerns, where and how extensive.

c) Determine if there are any health concerning mold levels present in the building.

d) Identify the steps or protocols that must be taken to correct and eliminate the mold and air quality concerns.

D. Remediation Verification and Clearance Tests

The Contractor shall perform the following:

1. Determine if the source of the mold problem or water entry been corrected.

2. Determine if the proper procedures have been employed.

3. Perform surface tests to ensure that all affected surfaces have been properly decontaminated. This procedure involves taking surface wipe samples, tape or bulk samples from the areas that were cleaned, and also the adjacent areas, from both the

“inside” and the “outside” of work areas to ensure that the extent of remediation performed is sufficient and that cross-contamination has not occurred. If necessary, samples may need to be sent to a laboratory for further analysis. The levels of contamination discovered in the samples must be compared to established industry standards and guidelines to see if they are unacceptable.

4. Indoor Air Quality (IAQ) tests must be performed to verify that the ambient air does not have unacceptably high levels of fungi and mold spores and the building is safe for occupants. Air samples are usually taken from within the affected area and also the outside area, to serve as a comparison.

5. Building material moisture testing and Infra-Red (IR) thermography moisture assessment shall be done to identify hidden mold.

6. Duct work and A/C (air conditioning) system assessment will be performed on an as-needed basis. Compare ambient air with A/C turned both on and off. Check duct work, air handler cabinet, and other related areas.

7. Wall cavity testing must be performed to locate hidden molds.

8. Check the attic area for disturbance of insulation and mold growth on ceiling deck. Check roof deck for water penetration. Inspect for discoloration or wood rot in the sheathing.

9. Investigate the building for Sick Building Syndrome.

10. Investigate the building for Chemical Sensitivity.

11. Perform any other testing as required by Florida building codes and established industry standards and guidelines.

E. Clearance Guideline Levels

The following guidelines are given as a reference only to be used in air tests and surface tests. The Contractor must use proper judgment appropriate to the situation and operate in accordance with established industry standards and guidelines, and meets the environmental and Florida building codes before giving a “Clearance” for the building.

1. For all species of mold, if the Bioaerosol Air Test indicates levels exceeding 1,000 spores/m2, and the Surface Test shows levels exceeding 100,000 spores/in2, then potentially unhealthy conditions may exist.

2. For water derived fungal species, if the air test level exceeds 300 or the surface test level exceeds 10,000, then potential unhealthy conditions may exist.

3. For the toxic mold stachybotrys, both the air test and surface test should reveal zero levels

4. Final Clearance Testing must be performed after microbial abatement and/or cleaning activities have been completed by the Remediation Contractor. After the final clearance testing has been done, a thorough final inspection of the work area and surfaces must be performed.

F. Inspections and Testing Results

After the inspection and testing has been performed by the Contractor, the results and reports shall be provided to the City’s Representative including any shortcomings on the part of the Remediation Contractor.

4.6. OTHER REQUIREMENTS

A. Contractor Responsibilities

1. The Contractor's employees shall be trained by the Contractor in all phases of Work to be performed under the Contract.

2. The Contractor will supervise and direct the Work efficiently with due care, skill, and attendance. The Contractor will be responsible to ensure that the finished Work complies accurately with the specifications.

3. The personnel who perform these services shall be under the sole responsibility of the

Contractor, and shall be full-time employees. No temporary or seasonal personnel should be used under this Contract.

4. The Contractor is responsible for moving and transferring their crew to accommodate multiple work assignments, or in the event of project changes.

5. The Contractor will maintain coordination with the City’s representative at all times. The City’s representative will be entitled at all times to be advised as to the status and details of the work being completed by the Contractor.

B. Attire and Conduct

The Contractor's employees shall wear Contractor furnished uniforms with logos affixed thereon that clearly identify the Contractor's company name. The Contractor uniforms are subject to the approval of the City’s representative. Tank tops and mid-drift shirts are not acceptable. The Contractor personnel shall be neat in appearance, courteous, and perform their functions with the appropriate professionalism. The City’s representative may request any non-conforming personnel, including supervisors, to be removed from working on premises. The cost of the uniforms will be the responsibility of the Contractor.

C. Observations

If the Contractor arrives at the site while the Remediation Contractor’s Work is in progress and notices that the improper or inadequate equipment, materials, chemicals are being used and any other observations not being utilized by the Remediation Contractor, then the Contractor shall notify the City’s representative immediately.

If during the course of Work, the Contractor encounters unforeseen conditions which impact the Work and which could not initially be evaluated, the Contractor shall not proceed without authorization from the City's representative.

D. Time is of the Essence

1. The Contractor acknowledges that time is of the essence to complete the Work as specified in each and every approved Work Order. The Contractor agrees that all Work shall be prosecuted regularly, diligently and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified in each and every Work

Order. The Contractor will have the appropriate number of personnel available for the length of the project as specified by the City’s representative.

2. The Contractor shall provide the City a personnel list along with a twenty-four (24) hour emergency communication device (such as cell phone, pager or other communication type device) for all assigned personnel to each Work assignment. The Contractor shall provide a communication device to their personnel to allow for communication with the

City, at no expense to the City.

E. Regulatory Requirements

1. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the Work specified herein.

2. The Contractor shall obtain all permits, licenses, and certificates, or any such approvals as may be required by federal, state and local laws, ordinances, rules, and regulations for the proper execution and completion of the Work specified herein.

3. The Contractor's employees shall wear appropriate safety gear, clothing, and footwear that complies with all legal requirements including, but not limited to, Occupational Safety and Health Administration (OSHA) requirements.

F. Permits, Licenses and Certificates

1. The Contractor shall possess all required professional licenses (federal, state, county, local) in an up-to-date status.

2. The Contractor shall hold either a current Mold Assessor or a Mold Remediator license issued by the Florida Department of Business and Professional Regulation. For additional information, please go to this website (https://www.myfloridalicense.com). Bidder should provide a copy of current license with bid submittal.

3. Contractor's employees shall be knowledgeable and trained in water, mold and air quality (reducing spores from the air) improvements. Bidder should provide training certifications that their employees have completed, and include with bid submittal.

4. The Contractor shall procure all permits needed to perform the work at the Contractor’s own cost.

G. Weather Conditions

Should inclement weather interfere with scheduled work, the Contractor shall reschedule work in an expeditious manner beginning at that point where the work was interrupted, with the coordination of the City’s representative.

H. Alteration of Plans

During the execution of the Contract, the City’s representative shall have the right to make alterations in the work plans as may be necessary to obtain satisfactory completion of the specified work. No alterations will be made that result in substantial changes in the Scope of Work.

I. Suspension of Work

The City’s representative shall have the authority to suspend the work, wholly or in part, for such period or periods as may be deemed necessary due to conditions that are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to comply with any or all provisions of the

Contract. Such suspension shall be ordered in writing, giving in detail the reasons for the suspension.

J. Provisions for Convenience of Public

The Contractor shall schedule operations to minimize any inconvenience to the public, City, or State.

https://www.myfloridalicense.com/

K. Cooperation by Bidder

No work shall be done, nor materials used, without prior inspection/approval by the City’s representative.

L. Re-Work

Services that are not performed to City’s satisfaction, or to the required specifications, shall be performed, or re-performed. The City will notify the Contractor when they would require the job to be re-worked. Re-work requests shall be accomplished by the

Contractor at no additional cost to the City. The Contractor shall notify the City when re-work requirements have been completed.

M. Preservation of Property

The Contractor shall preserve from damage all property associated in any way with the work. This applies to public and private property, and/or utilities. Any damage occurring to such properties shall be immediately reported to the City’s representative and repaired at the Contractor's expense.

N. Use of Premises

During the progress of the Work specified herein, the Contractor shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the

Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish, and debris from, and about the premises as well as all tools, construction equipment, machinery, and surplus materials, and leave the site clean and ready for occupancy by the City. The Contractor shall restore to their original condition, those portions of the site not designated for alteration by the Contract Documents.

O. Safety and Protection

The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The

Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent injury to, all employees on the job site and other persons including, but not limited to, the general public who may be affected thereby.

All materials and performance of work shall meet all Federal, State and Local Health and

Safety laws. Material Safety Data Sheets must be submitted, upon request, for approval of all supplies and chemicals intended for use in the performance of the contract.

The Contractor shall provide and require the wearing of protective clothing, mask, eye protection, etc., during any operation, as required or directed by applicable laws, regulations or ordinances, and/or directions of manufacturers of material or equipment.

The Contractor shall adequately protect workers, adjacent property, and the public. The

Contractor shall take all necessary precautions for the safety of employees, City employees, and the general public.

The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The

Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the job site and other persons including, but not limited to, the general public who may be affected thereby.

5. SPECIAL TERMS AND CONDITIONS

5.1. REPORTING

The Respondent shall report sales and usage data to the City on an annual basis in MS

Excel spreadsheet format. The following data at a minimum should be reported for each item included on the Price Form that is procured during the reporting period:

• Contract name and number

• Respondent's name

• Reporting period

• Department/Division/Location name

• Order date

• Item description

• Manufacturer name

• Manufacturer part number

• Unit of measure

• Quantity

• Respondent's list price

• Unit price

• Extended price

• Total purchase amount for the quarter

Submission of requested Reports is the responsibility of the Respondent, without prompting or notification by the City. The Respondent will submit by email the completed reports to the Purchasing Agent identified in the Contract. The City shall work with the

Respondent to develop the approved electronic format and content of the Contract Sales

Reports to be used by the Respondent.

Failure to provide reports may be grounds for default and /or cancellation of the Contract.

5.2. RECIPROCAL LOCAL PREFERENCE

In the event the lowest responsive and responsible response to any Request for

Quotation is by a Respondent whose principal place of business is in a city, county, or state which grants a preference for the procurement of such goods or services to a

Respondent whose principal place of business is in such area, then the City may award a preference to the (next) most responsive and responsible Respondent having a principal place of business in the Metropolitan Statistical Area, (i.e., Orange, Seminole, Lake and Osceola Counties). Such preference shall be equal to the preference granted by the area in which the lowest responsive and responsible Respondent has its principal place of business.

5.3. INSURANCE REQUIREMENTS

For this Bid, the following types of insurance that are checked are required. For details, please refer to Section 5.44 of the Standard Terms & Conditions.

• Workers Compensation and Employer’s Liability

• Comprehensive Automobile Liability

• Commercial General Liability

6. STANDARD TERMS AND CONDITIONS

6.1. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR

SUBMITTAL PROCESS

A. All communication and contact regarding this solicitation shall be directed to the

Purchasing Agent referenced on the cover page of this solicitation.

B. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation).

1. Except for communication with the City’s designated point of contact set forth in this solicitation or as otherwise authorized by the City’s Chief Procurement

Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a Respondent or potential

Respondent (or on a Respondent or potential Respondent's behalf) to or with any officer, elected official (including the Mayor and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation.

2. During the prohibited communication period, all contacts and communications regarding the solicitation by a Respondent, or potential Respondent, including their agents, representatives and others on their behalf, shall be directed to the City’s Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City’s

Chief Procurement Officer.

3. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the

Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a Respondent or potential Respondent under the City’s Procurement Code.

C. Any questions by a Respondent relative to the interpretation of specifications or the submittal process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline, questions must be received by the

Procurement and Contracts Division ten (10) days prior to the date set for the receipt of submittals. Any interpretation made to prospective Respondent with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an

Addendum to the specifications which, if issued, will be conveyed to all prospective Respondents no later than five (5) days before the date set for receipt of submittals. Oral answers and written answers not answered in an

Addendum issued by the Procurements and Contracts Division will not be binding.

D. Openings shall be public, on the date and at the time specified on the

Solicitation, with the total submittal amount being read aloud. It is the

Respondents responsibility to assure that their submittal has been entered online no later than the due date and time of the opening. The Respondent's name and verification of bond submittal, if applicable, will be publicly announced aloud at the opening.

6.2. RESPONDENT QUALIFICATION

Submittals will be considered from Respondents who have adequate personnel and equipment and who are so situated as to perform prompt service or provide required goods. The City reserves the right to request information or conduct an inspection of the

Respondent's facility and equipment prior to the award of the contract.

Submittals will be considered only from Respondents which are regularly engaged in the business as described in this solicitation; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated.

The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City.

6.3. ALTERATIONS/CHANGES TO PRICE FORM(S)

Respondent shall not change or otherwise alter the quantity or unit designations on the

Price Form(s). The unit price and total extensions must correspond to these designations.

Each line item will be extended as indicated (quantity x unit price). The unit price shall prevail.

6.4. ADDENDA

It is the Respondent's responsibility to contact the Procurement and Contracts Division prior to submitting a response to ascertain if any Addenda have been issued, to obtain all such Addenda, and return executed Addenda with the response, if applicable. All addenda information will be posted on the City's website

(https://procurement.opengov.com/portal/orlando). The failure of a Respondent to submit acknowledgment of any Addenda that affects the price(s), is considered a major irregularity and will be cause for rejection of the response.

6.5. UNBALANCED PRICING

As determined by the City's Chief Procurement Officer in the CPO’s discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are, or appear to be, excessively unbalanced.

6.6. WITHDRAWAL

After opening, no changes in prices or other provisions shall be permitted. Respondents may withdraw or correct a submittal prior to the stipulated date and time for the opening of the Solicitation.

6.7. SELECTION/REJECTION OF OPTIONS

The City of Orlando reserves the right to select/reject options which are submitted, based on price and other considerations as deemed to be in the best interests of the City.

6.8. IRREVOCABLE OFFER

The submission of a response shall constitute an irrevocable offer to the City by the

Respondent for a period of ninety (90) days from the date of opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the submittal.

6.9. QUANTITIES

The quantities for the items listed in this solicitation are estimated annual quantities for evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all Respondents that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation.

6.10. RESPONDENT'S CERTIFICATION FORM

Each Respondent shall complete the "Respondent's Certification Form” included with this

Solicitation. The form should be acknowledged before a Notary Public with notary seal affixed on the document. The failure of a Respondent to include this document with their submittal will be cause for rejection of the submittal.

6.11. SUBMITTALS

Submittals shall be submitted utilizing the form(s) provided herein. All submittals shall be properly executed with all blank spaces filled in. The signatures of all persons signing https://procurement.opengov.com/governments/portal/orlando shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the submittal. If the unit price and the total amount provided by a Respondent for any item are not in agreement, the unit price alone shall be considered as representing the Respondent's intention, and the totals shall be corrected to conform thereto.

6.12. INSPECTION, ACCEPTANCE, AND TITLE

Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the Respondent.

6.13. EXCEPTIONS TO TERMS AND CONDITIONS

When completing your submittal, do not attach any forms which may contain terms and conditions that conflict with those listed in the City’s solicitation document(s). Inclusion of additional terms and conditions, such as those which may be on your company’s standard forms, may result in your submittal being declared non-responsive.

6.14. SPECIFICATIONS

A. The specifications shown in the Invitation for Bid are intended to represent items of a quality level known to meet City’s requirements. While the City endeavors to promulgate written specifications that are accurate and nonrestrictive for submittal purposes, they may also reference an item by manufacturer’s name and model number. Respondents are cautioned that in the event of a discrepancy therein, such difference must be timely questioned in writing. Any written question must be received by the Procurement and Contracts Division at the address on the cover of this solicitation no later than ten (10) days prior to the opening.

B. If any proprietary, trade, brand, or manufacturers' name or part number is used herein in describing the required equipment or materials, it shall be understood to indicate the minimum standard of composition and quality desired, and shall not be construed to exclude equipment or goods that equals or exceeds the functional capability and quality of the named equipment. The City, in its sole discretion, shall determine whether equipment or goods are equivalent in capability and quality.

C. In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Respondent proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the Respondent. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective Respondent articles that will be satisfactory.

Submittals on other makes and catalogs will be considered provided each respondent clearly states in their submittal exactly what he proposes to furnish and forwards with their submittal a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by their submittal.

The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article the Respondent proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified and if no data is required to be submitted with the submittal, the successful contractor after award and before manufacture or shipment may be required to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with.

D. Respondents are strongly encouraged to submit equivalent equipment or materials for consideration during the question and answer period. If equivalent equipment or materials is proposed, indicate the manufacturer's name and model number for the equipment and include any literature or other explanation of the equipment's quality or performance with your submittal.

E. The equipment herein shall be new and shall be of the current production model.

If applicable, detailed equipment specifications for make and model offered shall be provided with submittal.

F. Respondents may be required, at no expense or liability to the City, to make available for test/demonstration, equipment equal in all aspects to the equipment quoted, and/or equal equipment that may be seen under operating conditions in the Central Florida area.

6.15. SILENCE OF SPECIFICATIONS

The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.

6.16. PRICES AND TERMS

All prices must be firm for the delivery schedule quoted herein. All prices shall be F.O.B.

Destination delivered to any City of Orlando Department unless otherwise stipulated in the Solicitation.

6.17. TAXES

The City of Orlando does not pay Federal excise and State sales taxes. Our tax exemption number is 85-8015427957C-9 and is also stipulated on all our Purchase Orders.

6.18. POLITICAL SUBDIVISIONS

Under Florida Law, prices contained in State Contracts shall be available to the City of

Orlando, who might wish to purchase under a State Purchase Contract. The City of

Orlando therefore reserves the right to purchase any commodities from a State Purchase

Contract if in the best interest of the City.

6.19. MISTAKES

Respondents are expected to examine the specifications, delivery schedules, prices, and all instructions pertaining to supplies and services. Failure to do so will be at the

Respondent's risk.

6.20. SAFETY STANDARDS

Unless otherwise stipulated in the Solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health

Act and any standards thereunder.

6.21. MARKING

Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the Respondent and must also clearly indicate the City of Orlando Purchase

Order Number and/or City Contract Number.

6.22. INVOICING AND PAYMENT

The Contractor shall be paid in accordance with Florida Statutes, upon submission of invoices to: AP_Invoices@orlando.gov or PO Box 4990, Orlando, FL 32802-4990.

Invoices are to be billed at the prices stipulated on the purchase order and/or as outlined in this solicitation. All invoices must show the Purchase Order Number and/or City

Contract Number.

6.23. DISCOUNTS

Respondents may offer a discount for prompt payment; however, such discounts shall not be considered in determining the lowest net price for evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later.

Respondent is requested to offer price discount for prompt invoice payment. It is the policy of the City of Orlando to make payments of invoices in time to earn any offered discounts.

Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office, whichever is later.

mailto:AP_Invoices@cityoforlando.net

6.24. PROMPT PAYMENT ACT

Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida

Statutes, Local Government Prompt Payment Act.

A. Proper Invoice

1. For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor or other invoicing party shall consist of at least all of the following:

a. a description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it

(or them);

b. the unit pricing, quantity and total amount due in accordance with the contract terms and conditions and applicable discount(s);

c. the full name of the Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number;

d. the Purchase Order or contract number as supplied by the City; and

e. an identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided.

f. Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City (or party on behalf of the City); the Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them; and if the contract requires any subcontractors or other parties to be bound by similar other "flow-down" requirements that those requirements have been complied with.

B. Dispute Resolution

In the event a dispute occurs between a Contractor or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or

Division which has the dispute along with a representative of the City's Procurement and

Contracts Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five (45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the City’s Chief Procurement Officer shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued.

6.25. INSPECTION OF PUBLIC RECORDS

Respondent may request copies of the solicitation records in person or by written request to the City Records and Archive Management Services located at 400 South Orange

Avenue, 2nd Floor, Orlando, Florida, 32801 or by calling (407) 246-2148. You may also email your request to records@orlando.gov.