HVAC_Preventive_Maintenance,_Repairs_Emergency_&_Replacement_Services.pdf

REQUEST FOR PROPOSAL

RFP #RFP-604479-22/LNF

HVAC PREVENTIVE MAINTENANCE, REPAIRS

EMERGENCY & REPLACEMENT SERVICES

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: December 29, 2022

DEADLINE FOR QUESTIONS: January 20, 2023

RESPONSE DEADLINE: February 1, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/seminolefl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Seminole County

HVAC Preventive Maintenance, Repairs Emergency &

Replacement Services

TABLE OF CONTENTS

I. Introduction II. Scope of Services

III. Instructions to Proposers IV. Additional Terms & Conditions - Maintenance Svcs V. Instructions for the preparation of Submittals VI. Pricing Proposal

VII. Evaluation Phases

Attachments:

B - Draft Agreement

Title: HVAC Preventive Maintenance, Repairs Emergency & Replacement Services

1. INTRODUCTION

1.1. Summary

CONTRACTOR shall provide Heating, Ventilation and Air Conditioning (HVAC) Preventive

Maintenance (PM), Repairs, Emergency and Replacement Services for various Seminole

County locations on an as needed basis as per Specifications and Requirements. Contractor must include the ability to troubleshoot and repair various major building automation systems.

Specifically, Trane SC or similar. Test and Balance services may be requested also.

All work shall be performed in accordance with the latest adopted standards and codes for the industry and be in compliance with County and State laws, ordinances and local authority having jurisdiction.

1.2. Background

This solicitation agreement will be awarded to three vendors, primary, secondary, and tertiary.

1.3. Contact Information

Leticia Figueroa Senior Procurement Analyst 1301 East Second Street Sanford, FL 32771 Email: lfigueroa@seminolecountyfl.gov Phone: (407) 665-7119

Department:

Resource Management - Purchasing & Contracts

1.4. Timeline

Release Project Date December 29, 2022

Question Submission Deadline January 20, 2023, 12:00pm

Proposal Submission Deadline February 1, 2023, 2:00pm mailto:lfigueroa@seminolecountyfl.gov tel:(407)665-7119

2. SCOPE OF SERVICES

2.1. PROJECT DESCRIPTION

HEATING, VENTILATION AND AIR CONDITIONING (HVAC) PREVENTIVE MAINTENANCE,

REPAIRS, EMERGENCY AND REPLACEMENT SERVICES

2.2. TECHNICAL SPECIFICATIONS

PART I – GENERAL INFORMATION

1. SCOPE OF SERVICES

CONTRACTOR shall provide Heating, Ventilation and Air Conditioning (HVAC) Preventive

Maintenance (PM), Repairs, Emergency and Replacement Services for various Seminole

County locations on an as needed basis as per Specifications and Requirements. Contractor must include the ability to troubleshoot and repair various major building automation systems.

Specifically, Trane SC or similar. Test and Balance services may be requested also.

All work shall be performed in accordance with the latest adopted standards and codes for the industry and be in compliance with County and State laws, ordinances and local authority having jurisdiction.

2. HOURS OF WORK

2.1 Standard Hours: Standard working hours shall be from 7:00 am to 5:00 pm, Monday through

Friday, excluding recognized Seminole County holidays. Work may continue past a normal eight-hour work shift, if needed, but must be approved by Contract Administrator or their designated representative. All hourly labor costs shall be pro-rated into quarter hours. Only actual time on the job-site shall be invoiced. The County does not pay for travel time.

2.2 Non-standard Hours: Non-standard working hours shall be from 5:01 pm to 6:59 am, Monday through Friday, weekends and approved work scheduled during holidays. After Hours

Services shall be approved in advance, prior to work being performed.

2.3 Emergency Services: Services that require a two (2) hour on-site response time will be deemed an emergency; work shall be approved in advance prior to being performed.

3. ABBREVIATIONS AND DEFINITIONS

Below are details of definitions mentioned (alphabetically listed) throughout this solicitation:

3.1 AHU: Air Handling Unit

3.2 CFM: Cubic Feet per Minute

3.3 Contract Administrator: the ranking employee of the lead agency (Facilities Management

Division) and/or a specific individual designated by the Department Director to oversee the contract. The Contract Administrator has the responsibility to ensure that the provisions of the contract are complied with by both the CONTRACTOR and the COUNTY.

3.4 CHW: Chilled Water Systems

3.5 CU: Condensing Unit.

3.6 CW: Chilled Water

3.7 EPA: Environmental Protection Agency

3.8 FCAHU: Fan Coil Air Handling Unit.

3.9 FM: Facilities Management of Seminole County.

3.10 I.A.Q: Indoor Air Quality

3.11 MAHU: Mini Ductless Air Handling Unit.

3.12 MERV: Minimum Efficiency Report Value. An industry standard rating system that indicates filter capacity to capture and hold dirt and dust of a specified size range. MERV rating ranges from 1 (lowest) to 20 (highest) efficiency.

3.13 PM: Preventive Maintenance

3.14 VTACV, A-CV*S®: Reliance Electric Variable Torque Air Conditioning V*S Drives

The term Bidder, Vendor, Contractor may be used interchangeably throughout this document.

4. GENERAL INSTRUCTIONS FOR REPAIRS/SERVICES:

4.1 For repairs done during scheduled monthly maintenance, there shall be no additional charge for labor. Used parts are to be returned to the COUNTY at the time the Monthly Preventive

Maintenance Checklist Report is signed and dated by both the CONTRACTOR's technician and

COUNTY representative.

4.2 In the event the CONTRACTOR discovers a unit requiring a repair during the regularly scheduled preventive maintenance service, CONTRACTOR shall promptly notify the Contract

Administrator or their designated representative for authorization prior to proceeding with said repair work. CONTRACTOR shall provide a written estimate (Reference: Section 10, Written

Estimates). All repairs or recommendations for future repairs should be noted on the Monthly

Preventive Maintenance Checklist Report (comments section).

4.3 CONTRACTOR’s performance and timely response to service calls will be carefully monitored by Facilities Management Division. Continued failure to adhere to the four (4) hour on-site response time may be the cause to cancel the contract.

5. RESPONSE TIME

5.1 Non-emergency service call requests shall receive a telephone response within one (1) hour of notification from County; service personnel must arrive on-site within four (4) hours unless other arrangements are made with the Contract Administrator or their designated representative.

5.2 Emergency service calls must receive a telephone response within thirty (30) minutes from notification by County; service personnel must arrive on-site within two (2) hours, twenty-four

(24) hours per day, seven (7) days per week unless other arrangements are made with the

Contract Administrator or their designated representative.

6. CONTRACTOR’S RESPONSIBILITIES

6.1 CONTRACTOR shall provide list of key staff that will be performing the scope of services, including names, office locations, and contact information (Email, cell phone, etc.)

6.2 CONTRACTOR shall coordinate scheduling with Contract Administrator or their designated representative before scheduling any work.

6.3 CONTRACTOR agrees to use only certified, experienced, competent and responsible qualified technicians and competent supervisors in the performance of the specified work, by virtue of submitting a response to this solicitation.

6.4 CONTRACTOR’s employees shall be in company uniform with company logo.

6.5 CONTRACTOR shall provide and require the wearing of protective clothing and personal protection equipment as required by applicable laws, regulations, ordinances, and manufacturer recommendations.

6.6 CONTRACTOR shall furnish, at no cost to the COUNTY, physical barriers such as barricade, signs, and orange traffic cones around job site to protect and alert the public, as necessary.

6.7 In emergency situations when power needs to be shut off, CONTRACTOR shall immediately notify the Contract Administrator or their designated representative so that all parties will be provided with ample notice.

6.8 CONTRACTOR shall perform all work in accordance with National Electrical Code and in particular Section 90-1, Section 110-3(B), Article 440 Circuits supplying hermetic refrigerant motor compressor.

6.9 CONTRACTOR may not be reimbursed for work completed without a COUNTY’s written release order or work order.

6.10 The CONTRACTOR is responsible for obtaining and paying for any permits/fees required.

CONTRACTOR will invoice COUNTY for reimbursement. Permits/fees shall be on a “At Cost” basis.

6.11 The CONTRACTOR’s employees must document arrival and departure times in the designated CONTRACTOR Logbook for the facility. If the logbook is unavailable or cannot be located, the CONTRACTOR’s employees must contact the Contract Administrator or their designated representative and notify them of their arrival and departure times.

6.12 The CONTRACTOR must be familiar with the latest applicable Federal, State, County, City and Local laws, regulations or codes and be governed accordingly as they will apply to the actions or operations of those engaged in the work or concerning materials used.

CONTRACTOR shall ask for and receive any required inspections.

6.13 All employees, and any subcontracted employees of the CONTRACTOR shall be considered to be, at all times, sole employees of the CONTRACTOR, under the

CONTRACTOR's sole direction and not as an employee or agent of Seminole County.

6.14 Assigned technicians shall be under the direction of a Supervisor or lead employee who has knowledge of the contract terms and conditions in order that specified service be performed accordingly. The Supervisor or lead employee shall be able to communicate in the English language. COUNTY requires the CONTRACTOR to assign a group of five (5) technicians and one (1) supervisor to Seminole County account. This will ensure consistency, continuity of services and for the technicians to become familiar with the facility being serviced. The

CONTRACTOR shall maintain this list for the life of the contract and provide any changes to personnel employments status to the COUNTY within twenty-four (24) hours of any revisions, additions, and deletions. The CONTRACTOR shall submit an updated employee list and copies of licenses annually prior to contract renewal date.

6.15 All CONTRACTOR employees shall wear a COUNTY furnished identification badge which shall be visible on the outside of their clothing. The identification badge shall include, as a minimum, the employee’s name, recent photograph, and name of the CONTRACTOR. Upon execution of the contract the CONTRACTOR shall provide up to date background checks for all employees, including Project Manager and Alternate, except for those employees who will be working at the Juvenile Justice Center, Criminal Justice Center, Civil Courthouse, John E. Polk

Correctional Facility and Public Safety Building. The SHERIFF’S OFFICE will provide badges for employees assigned to these facilities following background checks done by the Sheriff’s

Office. The SHERIFF’S OFFICE will obtain fingerprints and all individuals will complete Level 2, unescorted access, Security Awareness Training. Training is done remotely on either personal phone or a computer device. The exclusion of an employee for security reasons shall not relieve the CONTRACTOR of his responsibility to perform the services required under this contract.

6.16 CONTRACTOR is responsible for all necessary measurements for the accurate fitting of all work. The CONTRACTOR shall be responsible for any damage to the facility or any equipment because of work performed by CONTRACTOR. Any such damage will be repaired by the

CONTRACTOR at their sole expense and to the satisfaction of Seminole County. In the event of concealed or unnoticed damage, the COUNTY shall notify the CONTRACTOR immediately of such, in writing, and no later than within twenty-four (24) hours of the event.

6.17 CONTRACTOR shall maintain a clean work site and shall remove debris and dispose of it properly at CONTRACTOR’s sole expense.

6.18 The CONTRACTOR and their staff shall communicate only with designated COUNTY representatives regarding project scope and other applicable details.

6.19 CONTRACTOR should stock on the service truck, if possible, all equipment and materials necessary to perform services at the time of initial response.

6.20 Hazardous Material, Handling of:

6.20.1 CONTRACTOR will be responsible for disposal of hazardous waste materials because of maintenance/repair work performed.

6.20.2 Some projects may require working with potentially hazardous materials. The

CONTRACTOR shall be obligated to ensure their employees, and subcontracted employees, are trained and medically cleared for such work. CONTRACTOR shall also be required to assess the need for and provide personal protection equipment (PPE) for their employees as required.

6.21 Removal of CONTRACTOR’s Employee(s) for Cause

The COUNTY reserves the right to request removal of CONTRACTOR’s employee if in the event, said employee is deemed careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment on COUNTY property is not in the best interest of the COUNTY. Removal must not be arbitrary.

7. QUALITY OF WORK

Where not more specifically described in any of the various sections of these specifications, work shall conform to all the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services. All work shall be executed by personnel skilled in their respective lines of work.

8. WARRANTY

All materials, labor and quality for the replacement of parts and materials shall be fully warranted and guaranteed for a minimum of one (1) year from date of acceptance, unless otherwise stated in the manufacturer’s warranty, whichever is greater.

8.1 CONTRACTOR is required to expressly warrant that all items are new and free from defects, warranted for their merchantability and meets the performance specifications of the original equipment.

8.2 CONTRACTOR shall be responsible for providing the Contract Administrator or their designated representative of any product manuals, warranties and/or guarantees, including instruction manuals, if requested.

9. WRITTEN ESTIMATES

CONTRACTOR shall be required to submit a written estimate on each job. The estimate shall be based the requirements of labor hours, parts and material, etc. for each individual job.

Estimates shall be broken down by hours per labor applicable rate and a separate price for each of the required parts and include an estimate for pass-thru/allowance fees. Anticipated time of completion of repairs to be included on estimate. All estimates shall be provided at no additional cost or obligation to the County. Estimates shall remain firm for a minimum of thirty (30) days.

9.1 If Contract Administrator or their designated representative determines the written estimate price and/or time to be excessive, the COUNTY reserves the right to solicit the service work through another source.

9.2 The CONTRACTOR shall start work for a scheduled project on the date specified in the

Notice to Proceed, purchase order, and/or work request. The Project Completion time that is set forth in the written estimate shall be computed from the date specified in the Notice to Proceed, purchase order, and/or work request. TIME BEING OF THE ESSENCE to the County, the

CONTRACTOR shall thereafter prosecute the detail scope of work diligently. Any deviations from anticipated completion time shall be communicated to the COUNTY no later than next business day from time known.

9.3 The time for completion of tests and performance of work will be mutually agreed upon between the COUNTY and the CONTRACTOR. Failure to abide by the agreed upon time for completion may result in the client agency issuing an official Notice of Non-compliance.

Continued infractions of delayed completion on the part of the Contractor may result in termination of the contract.

10. EQUIPMENT

The CONTRACTOR shall send necessary equipment (lifts, bucket trucks etc.) sufficiently capable of completing the requested services in one (1) trip whenever possible.

10.1 Rental Equipment

All rental equipment utilized in the execution of this contract will be reimbursed by the COUNTY at invoice cost with no additional markup. Compensation for the time involved to pick up and return rental equipment where delivery and pick up are not included in the rental fees shall be included in the labor breakdown portion of the invoice or approved project plan. CONTRACTOR shall include with its invoice the original rental equipment invoice for verification of costs.

11. MATERIALS AND SUPPLIES

11.1 All materials and supplies shall be specifically designed for the use. CONTRACTOR shall utilize all replacement materials and supplies from manufacturers whose materials and supplies are equal to or better than the original equipment manufacturer (OEM) components wherever possible. All materials and supplies must be installed according to manufacturer’s specifications and recognized practices. The use of reconditioned materials and supplies shall not be permitted under any circumstances unless OEM components are no longer available.

11.2 CONTRACTOR must maintain a sufficient inventory of materials and supplies in stock including materials and supplies of the latest technology to meet the normal and emergency requirements of this contract.

11.3 The COUNTY acknowledges that the CONTRACTOR utilizes thousands of materials and supplies that may vary between suppliers and manufacturers depending on the individual repair needs for each project. Therefore, all materials and supplies that the CONTRACTOR provides shall be considered on contract. The COUNTY will pay the CONTRACTOR the actual cost for all materials and supplies utilized in the performance of this contract, plus the vendor specified markup not to exceed ten percent (10%). Seminole County Government has determined that the CONTRACTOR’s actual cost for materials and supplies includes the following:

11.3.1 CONTRACTOR’s acquisition cost from the manufacturer or supplier; and

11.3.2 The shipping cost charged by the manufacturer or supplier to get the part to

CONTRACTOR’s location; OR

11.3.3 The shipping cost incurred by the CONTRACTOR to get the part to the COUNTY location

11.4 For ALL materials and supplies, CONTRACTOR shall include with its invoice

CONTRACTOR’s original invoice and the COUNTY will pay for the material and supplies including the costs noted above, where applicable, plus the vendor specified markup not to exceed ten percent (10%). If the CONTRACTOR had acquired in the material and supplies in bulk or through a prior purchase and had the materials and supplies in stock and an invoice is not readily available, the CONTRACTOR should use its best estimate for the value of the materials and supplies plus the vendor specified markup not to exceed ten percent (10%).

2.3. LICENSING REQUIREMENTS

Proof of licensing shall be returned with CONTRACTOR’s proposal.

CONTRACTOR shall possess one of the following licenses (including any specified State registration, if applicable) at the time of solicitation submittal. Any certificate of competency that meets or exceeds those specified or can legally perform the scope of work specified, as determined by the COUNTY, will be considered.

STATE: Class “A” Air Conditioning Contractor; OR Class “B” Air conditioning Contractor; OR

MECHANICAL CONTRACTOR

OR

In the event Test, Balance and Inspection Services are required, such services will be provided by an Certified Test & Balance individual or company.

2.4. QUALIFICATIONS

References: Contractors shall provide a minimum of three (3) customers in which the contractor has supplied repair and routine maintenance services.

Mechanical supervisor, who will perform work under this contract shall be, a State Licensed

Mechanical Journeymen (unlimited tonnage) with a minimum of three (3) years of supervisory experience in the capacity of a State Licensed Mechanical Journeyman.

CONTRACTOR shall have a Supervisor or lead employee that has a minimum of five (5) years of supervisory experience.

CONTRACTOR shall only use skilled, competent licensed air conditioning mechanic qualified to perform the specified work and services required for this contract with a minimum of three (3) years’ experience.

The County reserves the right to evaluate qualifications in relation to performance record of contractor with the County itself, another municipal corporation of like size, or private corporations during the past two (2) years.

The County reserves the right to perform an inspection of repair and warehouse facilities during the evaluation period and any time during the term of the contract and to use this inspection as a means for determining the highest evaluated contractor.

Include resumes of the "group" as defined in Contractor's Responsibilities 6.14.

2.5. PROJECT UNDERSTANDING / APPROACH

This section of the submittal will consist of a statement of the Proposer’s understanding of the objectives of the procurement and how these objectives may best be accomplished. present the

Proposer’s approach to providing the services specified in this RFP. Describe the services to be provided, who will provide these services, how the services will be provided, and the management system the Proposer will use to support provision of services and accomplishment of performance objectives and standards.

3. INSTRUCTIONS TO PROPOSERS

3.1. Contact

All prospective Proposers are hereby instructed not to contact any member of the Seminole

County Board of County Commissioners, the County Manager or Deputy Manager, or any

Seminole County Staff members other than the noted Purchasing & Contracts Division (herein referred to as ‘PCD’) Contact Person, PCD ADMIN, regarding this RFP or their written proposal at any time prior to the posting on the COUNTY’S Website of the recommendation and intent to award by County staff for this project. Any such contact shall be cause for rejection of your proposal. Interpretation of this clause will be solely at the discretion of the COUNTY.

3.2. Pre-Proposal Conference

There will not be a Pre-Proposal Conference for this RFP.

3.3. Public Opening

Electronic submittals shall be received by PCD online in accordance with the instructions in this solicitation documents, unless otherwise revised via posted Addenda. Persons with disabilities needing assistance to participate in the Public Opening should call the noted PCD Contact

Person at least forty-eight (48) hours in advance of the Public Opening at (407) 665-7116.

3.4. Delays

The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission, if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the scheduled due date and time for submission by written addendum posted to the COUNTY’s

Website: (https://secure.procurenow.com/portal/seminolefl)

3.5. Proposal Submission and Withdrawal

The COUNTY will accept submittals electronically via the COUNTY’s e-Procurement Portal until

2:00 pm on Wednesday, February 1, 2023. Proposals received after the scheduled due date and time for submission shall not be considered. Proposals submitted in any other format other than via the COUNTY’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. Companies shall register on the COUNTY’S e-Procurement Portal. Once registered, Companies may view and click "Follow" to be a prospective Proposer for this solicitation and will appear on the Follower’s list. Proposers that fail to Follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the COUNTY’S e-Procurement Portal, and therefore will be unable to participate or be considered for this RFP. If a Proposer encounters technical difficulties using the COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Proposers may access the Help Center for vendor training guides provided by OpenGov-

Procurement, the Software Administrator. Proposers may also contact the Software

Administrator using the real-time chat function on the COUNTY’S e-Procurement Portal (located in lower right-hand corner of the screen), or via email at support@procurenow.com for support.

The COUNTY will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Proposers 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 Proposer is using to submit a response. Failure of the Proposer to successfully submit an electronic proposal before the deadline indicated herein shall be at the Proposer's sole risk, and no relief will be given for late and/or improperly submitted proposals. Once file(s) have been uploaded and the

Submission Status shows as “Submitted” the submission is complete. At that point, the

Proposer will also receive an email confirmation from the COUNTY’s e-Procurement Portal.

Telephone confirmation of timely receipt of any submittal should be made by calling (407) 665-

7116, before the 2:00 pm deadline.

The Proposer is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written submittal.

Proposers may withdraw their submittal electronically via the COUNTY’S e-Procurement Portal at any time prior to the scheduled due date and time for submission.

3.6. Inquiries

All Proposers should carefully examine the RFP documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing via the Q&A tab in the

COUNTY’S e-Procurement Portal prior to the scheduled due date and time for submission.

Failure to do so, on the part of the Proposer, shall constitute an acceptance by the Proposer of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the RFP documents including the attached Draft Agreement, shall be requested in writing, and received no later than 12:00 pm on Friday, January 20, 2023. Written requests shall be submitted via the COUNTY’S e-Procurement Portal The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this RFP. If the Q&A deadline has passed, a Proposer may contact the COUNTY directly if necessary at pcdadmin@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Addenda

Should revisions to the RFP documents become necessary, the COUNTY will post Addenda information on the COUNTY's e-Procurement Portal. The COUNTY’s e-Procurement Portal will issue an automated email notification to all “Followers” on the RFP’s Followers list. All

Proposers should check the COUNTY's Website or notify PCD ADMIN to verify information regarding Addenda. Failure to do so may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. By execution of the Formal Notice for this RFP, the

Proposer acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY’s Website

(https://secure.procurenow.com/portal/seminolefl). It is the sole responsibility of the Proposer to ensure that they obtain information related to any Addenda.

3.8. Selection Process and Award

Proposals will be reviewed by the COUNTY Evaluation Committee in accordance with the evaluation criteria set forth in the RFP documents. The COUNTY reserves the right to conduct interviews and require presentations of any or all Proposers prior to selection. The COUNTY will not be liable for any costs incurred by the Proposer in connection with such presentations.

Should oral presentations for this RFP be required by the COUNTY, the evaluation criteria and weights shall be used to short-list the Proposers. The County will award a contract based on the proposal that best meets the County's requirements. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to waive formalities, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety.

3.9. Proposal Preparation Costs

Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the

Proposer's ability to meet the requirements of this RFP.

3.10. Accuracy of Proposal Information

By submission of a proposal, Proposer acknowledges that they have carefully examined the

Request for Proposal documents and agrees to furnish the services specified in the solicitation at the prices, rates or discounts as proposed. Proposers agree that their proposal will remain firm for a period of up to one hundred twenty (120) days in order to allow the County adequate time to evaluate the submittals.

By submission of a proposal, Proposer agrees to abide by all conditions of this proposal and understands that a background investigation may be conducted by the Seminole County

Sheriff’s Department prior to award. Proposer certifies that all information contained in their proposal is truthful to the best of their knowledge and belief. Proposer further certifies that they are duly authorized to submit this proposal on behalf of the vendor/Proposer as its act and deed and that the vendor/Proposer is ready, willing and able to perform if selected.

3.11. Insurance

A misstatement or omission of a material fact, whether intentional or not, regarding the

Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the

Proposer’s submitted proposal and rescission of any ensuing Award Agreement.

The COUNTY recommends that all Proposers review the insurance requirements listed within the Draft Agreement with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY’s

Award Agreement. The COUNTY reserves the right to reject the award to any Proposer that fails to provide the insurance as required within the COUNTY’s Award Agreement.

3.12. Licenses

Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal under this RFP. Failure of the Proposer to be fully licensed and certified, may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. Any permits, licenses, or fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, County, City, etc., is the responsibility of the Proposer.

3.13. Posting of the RFP’s Recommendation and Intent to Award

The recommendation and intent to award for this RFP will be posted on the COUNTY’s Website

(https://secure.procurenow.com/portal/seminolefl). Failure to file a protest with the COUNTY’s

Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings.

3.14. Public Records

Upon recommendation and intent to award this RFP as posted to the COUNTY’s website or thirty (30) calendar days after closing, proposals are considered “public records" and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes.

Proposers must invoke the exemptions to disclosure provided by law in their response to the solicitation and must identify the data or other materials to be protected by uploading any information deemed confidential separately under “Confidential Files,” and must state the reasons why such exclusion from public disclosure is necessary pursuant to the COUNTY’s, “Compliance With Public Records Law” Form, which is required as part of the RFP documents.

Ownership of all data, material, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Public Records Law. Trade secrets or proprietary information submitted by a Proposer shall not be subject to public disclosure under the Public Records Law; however, the

Proposer must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

3.15. Prohibition Against Contingent Fees

It shall be unethical for any person to be retained, or to retain any company or person, other than a bonafide employee working solely for the Proposer to solicit or secure the Award

Agreement for this RFP, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Award Agreement. For the breach or violation of this provision, the

COUNTY shall have the right to terminate the Award Agreement at its sole discretion, without liability and to deduct from the Award Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

3.16. Rejection/Disqualification

The COUNTY reserves the right to reject the proposal of any Proposer who has failed to perform, in a timely manner, the scope of services of a previously awarded agreement. The

COUNTY reserves the right to inspect all facilities of Proposers in order to make a determination as to the available resources to perform properly under this award. The COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re-procurement. More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is involved in more than one proposal submittal will be cause for rejection of all proposals in which such Proposers are believed to be involved. Any or all proposals will be rejected if there is reason to believe that collusion exists between Proposers.

Proposals in which the prices obviously are unbalanced will be subject to rejection.

3.17. Purchasing Code

Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55

(Purchasing Policy), and County Manager Policies apply to this RFP in their entirety.

3.18. Affirmation

By submission of a proposal, the Proposer affirms that their proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The Proposer agrees to abide by all conditions of this RFP and the resulting Award Agreement.

3.19. Governmental Restrictions

In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the Proposer to notify the Purchasing and

Contracts Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract or order at no further expense to the County.

3.20. Advertising

In submitting a proposal, Proposer agrees not to use the results therefrom as a part of any commercial advertising, without the express written approval of the County Manager’s Office.

3.21. Patents and Royalties

Unless otherwise provided, the Proposer shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this

PS. The Proposer, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Proposer. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Proposer. If such a claim is made, the Consultant shall use its best efforts to promptly purchase for the County the legitimate version of any infringing products or services or procure a license from the patent or copyright holder at no cost to County that will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Proposer and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.

3.22. Drug-Free Workplace Compliance

Proposer shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the proposal and all agreements as a result of this solicitation.

3.23. Public Entity Crime

Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised for Proposal, or if such person or affiliate was listed on the

State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY.

3.24. Proprietary/Restrictive Specifications

Proposers who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must notify the Purchasing and Contracts

Division of their rejection upon receipt of this Request for Proposals and prior to the due date.

3.25. Payment Terms/Discounts

The County’s payment terms are in accordance with Section 218, Part VII, Florida Statutes, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes.

3.26. Additional Terms and Conditions

Unless expressly accepted by the County, only the terms and conditions in this document and

Award Agreement shall apply. Any and all additional terms and conditions shall have no force and effect, and are inapplicable to this proposal if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or special conditions in these RFP documents and any Addenda issued under this solicitation are the only conditions applicable to this proposal and the Proposer's authorized signature on the Proposal Response

Form attests to this.

3.27. Price Redeterminations

1. During the Renewal Term: Petitions for price redeterminations must be made at the time of

County’s notification to the Contractor of the renewal period. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract to reflect the new prices for the renewal term.

2. Outside the Renewal Term: Petitions for price redeterminations must be made within thirty

(30) days of the anniversary date of the Contract. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract.

BASIS FOR PRICE REDETERMINATIONS. The Contractor may petition the Purchasing and

Contracts Division for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the solicitation opens. The base index number for the

PPI will be for the month the solicitation opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request.

WAGE PRICE REDETERMINATION. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Pay & Benefits, Employment

Cost Index, Private Industry, Compensation as prepared by the Bureau of Labor Statistics in the

U.S. Department of Labor available at www.bls.gov.

MINIMUM WAGE PRICE REDETERMINATION. If the minimum wage increases during the term of the Contract, including any renewal or extension period thereunder, the Contractor may petition the Purchasing and Contracts Division for price redetermination for those job categories where the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing and Contracts Division.

• Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County.

If the Contractor bills the County at a higher price according to any price redetermination granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Contract default and the Contract will be immediately terminated.

FUEL PRICE REDETERMINATION. If and when the price of fuel increases by a minimum of ten

(10%) percent, the Contractor may petition the Purchasing and Contracts Division for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if and when the price of fuel decreases by a minimum often (10%) percent. Failure to make such petition may be grounds for

Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU057".

MATERIALS PRICE REDETERMINATION. At the anniversary date of the Agreement, the

Contractor may petition the Purchasing and Contracts Division for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Contract decreases. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) under Inflation & Prices, Industry Data, Construction Machinery Mfg. PCU 333120333120, as published by the Bureau of Labor

Statistics.

PRICE REDETERMINATION CALCULATION. All Price Redeterminations shall be calculated as follows:

Example: Contractor indicated on the Submittal Form that fourteen percent (14%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials).

PPI in the month the solicitation closed was 158.73 264.52

Current PPI is 264.52 -158.73

=105.79

105.79 divided by 158.73 = .666%

The unit cost of the service is $100.00

14% of $100.00 = $14.00

$14.00 x .666 = $9.32

The New Unit Price for the service is $109.32 ($100.00 + $9.32)

3.28. Expiration Upon Failure to Agree to Price Redetermination

If the County and the Contractor cannot agree to a price redetermination pursuant to the terms and conditions of this Section, then the Contract will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor's initial request for such price redetermination.

Requests for price redeterminations not made in accordance with the provisions of this Section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Contract. If the contract expires pursuant to the terms and conditions of this

Section, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible

Contractor.

3.29. Quantities

Seminole County will not be held to any maximum or minimum purchase quantities as a result of this solicitation and/or resulting contract. Seminole County reserves the right to purchase any;

all, or none, of its requirements from vendors awarded a contract as a result of this solicitation.

All quantities as shown are approximate and no guarantee is made. Except as this contract may otherwise provide, if the County’s requirements do not result in orders in the quantities described as “estimated” in the contract’s price schedule, that fact shall not constitute the basis for an equitable adjustment.

3.30. Purchasing Agreements with Other Government Agencies

All Applicants submitting a response to this solicitation agree that such response also constitutes a submittal to all governmental agencies within the State of Florida, under the same conditions, for the same contract price, and for the same effective period as this proposal, should the Applicant feels it is in their best interest to do so. Each governmental agency desiring to accept these submittals, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this solicitation. This agreement in no way restricts or interferes with the right of any governmental agency to re-solicit any or all items.

4. ADDITIONAL TERMS & CONDITIONS - MAINTENANCE

SVCS.

4.1. DEFINITIONS/INTERPRETATIONS

Definitions.

Whenever used in the Contract Documents, the following terms shall have the meanings indicated, which shall be applicable to both the singular and plural thereof.

Addenda - Written or graphic instruments issued prior to the date for opening Bids which modify or interpret the Bidding Documents by additions, deletions, corrections or clarifications.

Acceptance; Final Acceptance - The…