Interior_Plant_Maintenance_(Addendum_#1_Revision).pdf

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

REQUEST FOR QUOTATION (RFQ)

RFQ24-0312

INTERIOR PLANT MAINTENANCE

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

REQUEST FOR QUOTATION (RFQ)

INTERIOR PLANT MAINTENANCE

TABLE OF CONTENTS

1. INTRODUCTION

2. GENERAL INFORMATION

3. SUBMITTALS

4. SCOPE OF WORK

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. ELECTRONIC PRICING FORM(S) INSTRUCTIONS

8. VENDOR QUESTIONNAIRE

9. PRICING PROPOSAL

Attachments:

A - Exhibit__1__Plant_Inventory_List

Interior Plant Maintenance

1. INTRODUCTION

1.1. Summary

The City of Orlando (Referred to as "City") seeks to establish a service Contract with a qualified company (Referred to as "Contractor") to perform Plant Maintenance at various

City facilities, in accordance with the terms and conditions, specifications, and service concepts outlined in the Solicitation.

The services described herein shall be performed by the Contractor on a regularly scheduled basis, as directed by the City, specified herein. The term "Plant Maintenance" involves the care and maintenance of live plants and does not refer to silk plants. The

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

The personnel that perform these services shall be under the sole responsibility of the

Contractor, and shall be competent, experienced, courteous, neatly dressed, and skilled in plant maintenance. Verification of the work must be made by the Contractor and the

City to maintain continuity. The same crew should perform the required maintenance operations throughout the year; this will assure the City that maintenance personnel remain familiar with the maintenance specifications, the site, and any changing conditions. Any changes in replacement personnel shall be requested by the Contractor, in writing, with thirty (30) days advanced notice for City approval.

All services shall be provided in accordance with the requirements published within this solicitation and any Addenda thereto.

1.2. Contact Information

Direct all questions and inquiries to the following:

Javarie McDonald

Purchasing Agent II

400 S Orange Avenue

Procurement and Contract Division 4th Floor

Orlando, FL 32801

Email: javarie.mcdonald@orlando.gov

Phone: (407) 246-2364

Department:

Orlando Venues

1.3. Timeline

Issue Date March 28, 2024 mailto:javarie.mcdonald@orlando.gov tel:(407)246-2364

Cut-off date for Questions by

Respondent

April 19, 2024, 5:00pm

Due Date and Time April 29, 2024, 2:00pm

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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:

A. 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

A. 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/orlando for 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/governments/4073/portal/orlando https://procurement.opengov.com/governments/4073/portal/orlando dates or times prior to the Solicitation Due Date, the change will be announced via an addendum.

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 response 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, 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.

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 Monday, April 29, 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. Qualifications

The Bidder shall have a minimum of three (3) years Plant Maintenance experience, similar to the bid specifications as outlined herein. Include this information under the

Bidder's Questionnaire Section Item 6. (Experience). Also, include Client References under the Bidder's Questionnaire Section 6.16.3. (References).

4.2. Scope of Work

A. Plant Maintenance

The following specific duties provide a framework for describing the plant maintenance tasks performed on a consistent basis. The following methods, techniques, and requirements are established as performance measurements in determining acceptable levels of work performance and work quality. The list is not meant to be all-inclusive, but to provide an outline, and set the minimum standard for all tasks.

1. When performing plant maintenance, cover all areas, surfaces, and floors, to prevent any damage to furniture and floors.

2. Check moisture content of planting media to determine its water requirement, and only water as needed. The soil should be moist, but not wet. If the soil is too dry, or overwatered, it could damage the plant's roots, and prevent the plant from growing. All spills and standing water should be immediately removed.

3. Clean and polish the foliage leaves as needed.

4. Check the soil level of the plant, and add potting soil as needed. The type of potting soil should be a balanced mixture of peat moss, vermiculite, and perlite.

5. Trim and prune as necessary to preserve the shape, health, and appearance of the plants. Trim and prune tasks include:

a. Cut off/remove weeds, any dead branches, fallen leaves, and brown or discolored leaves and stems.

b. Prune above the leaf node, at a 45-degree angle.

c. Remove all sucker growth as it appears on the plants. Sucker growth are shoots that sprout upward from the base of the plant, at soil level or below.

6. Rotate the plant's position for re-orientation to the light source as required to preserve the shape, health, and appearance of the plant.

Note: Bromeliad plants must be rotated quarterly. The cost of rotation should be included in the monthly cost of the service.

If a plant is not getting enough light and would benefit being moved to another location, then notify the City.

7. At times, the plant may require the use of "plant supports" to help stabilize the plant and help promote the plant's growth. Plant supports chosen should match the growth of the plant. When tying the plant support to the individual stems, use a soft tie rather than string to prevent rubbing. Do not tie too rigid since the plant should be able to move freely.

Plant supports used should be kept in good repair, and functioning at all times. As soon as the plant becomes stabilized and self-supporting, the plant supports can be removed.

8. If a plant has outgrown its container, then notify the City. Any re-potting costs will be the responsibility of the City.

9. Plants shall be properly fertilized, as needed, to maintain a healthy and vigorous growing condition. The fertilizer used should be a balanced mixture of I0-10-10 fertilizer, and be comprised of the three major elements: nitrogen (N), phosphorus (P), and potassium (K).

10. Plants shall be inspected, as needed, for insects, pests, and diseases. Plants showing signs of these conditions should be properly sprayed and cared for by the Contractor. Be mindful not to spray around people, and protect the floors and furniture from damage.

If a plant is dead or showing signs of decline (and in the opinion of the Contractor), the plant cannot be saved, then immediately notify the City of such. The City will make a determination as to whether the plant should be replaced. For more details about plant replacement, refer to Section IV.E.b. (Plant Replacement).

11. Items removed during the maintenance operations are to be moved back to their original position, including but not limited to furniture items.

B. City Locations

City facility locations to be serviced include:

1. Orlando City Hall

400 South Orange Avenue

Orlando, Florida 32801

2. Amway Center

400 West Church Street

Orlando, Florida 32801

C. Parking and Unloading Instructions

This outlines the Parking areas and Unloading instructions at each facility.

1. Orlando City Hall

Parking is at the City Commons Parking Garage located at 460 Boone Avenue, Orlando, FL. Check in with the garage attendant for access. The garage has spaces available for unloading equipment.

2. Amway Center

Parking is at the Geico Garage located at 400 West South Street, Orlando, FL. Check in with the garage attendant for access. The garage has spaces available for unloading equipment.

D. Plant Material

For a complete listing of the Plant Material and placement location at each facility, refer to Exhibit "1" (Plant Inventory List).

E. Schedule of Maintenance Operations

1. The Contractor shall provide a recommended schedule for maintenance operations and plans for each facility location. The schedule must be approved by the City prior to service being performed.

2. Any substitutions in the work schedules, or of material, shall be submitted in writing to the City for approval. No changes or substitutions will be allowed without written permission from the City.

3. The Contractor and the City will exchange a primary point or points of contact and phone numbers for communication to ensure customer service standards.

F. Special Requirements

1. Self-Contained

a. The Contractor shall come fully equipped with all materials, supplies, and equipment necessary to perform the work as outlined herein. The City will provide the necessary water for the Contractor's use.

b. City Hall Building only: The City does not offer any storage space or holding areas for the Contractor's materials, supplies and equipment.

G. Plant Replacement

The City will make periodic inspections of all planting material, and may determine that a particular plant should be replaced. In that event, the Contractor will be notified to supply and install new plant material. Charges for Plant Replacement will be paid in accordance with Section 43.1. (Proper Invoice) and per the discounted rate specified on the Bid Price

Form Line Number 3.

a. The City will notify the Contractor of the type of plant material to be replaced, quantity, placement of the plant, and facility location.

b. The Contractor shall guarantee that all Contractor-furnished plants are healthy and free from disease and pests for a period of ninety (90) days from the date of delivery.

c. The Contractor shall deliver the replacement plant within seven (7) calendar days.

d. If the required replacement plant is not readily available, the Contractor should recommend a substitute plant; however, any substitutions shall have prior approval from the City before delivery and installation.

4.3. Other Requirements

A. Contractor Responsibilities

1. The Contractor's employees shall be thoroughly trained by the Contractor in all phases of work to be performed under the Contract. Contractor's employees assigned to the City facilities shall be neat in their personal appearance. Any Contractor employee deemed by the City to be incompetent in the performance of work under the Contract, discourteous, or otherwise objectionable shall be reported to the Contractor, and may be removed from the assigned work.

2. The Contractor shall have appropriate transportation and an adequate inventory of tools and equipment to perform work at the job site.

3. The Contractor shall furnish each Contractor employee with appropriate uniforms (with an identification tag on their person with the Company's name and logo with employee name) while working on City property.

4. The Contractor will be responsible for any damage to property, caused by negligence, in the performance of work under this Contract. In the event of such damage, the City reserves the right to immediately make both temporary and permanent repairs at the expense of the Contractor, and the Contractor hereby agrees that in such event the City may deduct the cost of such repairs and related expenses incurred from any monies due to the Contractor under this Contract, or be billed by the City

5. The Contractor shall guarantee and replace, at no additional cost to the City, any plants which (in the opinion of the City) fail to maintain a healthy, vigorous condition due to negligence and non-performance of the Contractor's work.

6. The Contractor will promptly report in writing, within twenty-four (24) hours to the City, all accidents whatsoever arising out of, or in conjunction with, the performance of the work.

B. Powers Reserved by the City

1. The City reserves the right to modify at any time the nature, method, scope, frequency, or timing of the Contractor's obligations under this Contract in whatever manner it determines to be reasonable necessary. The Contractor is to fully comply with all such

Contract adjustments and will use its best efforts to do so as promptly and as efficiently as possible.

2. The City reserves the right to add/delete facility locations, plant material, and placement of plants. The City will notify the Contractor of these changes.

C. Inspections and Observations

1. The City will make periodic inspections of the sites to evaluate the Contractor's performance. The Contractor will, on sole judgment of the City, make necessary repairs and adjustments required to fulfill the obligations and conditions of the Contract.

2. The Contractor's personnel are expected to conduct themselves in a courteous manner, performing their functions with the appropriate professionalism.

D. Attire and Conduct

The Contractor's employees shall wear Contractor furnished uniforms with logos affixed thereon that clearly identify the Contractor's company name, and shall wear an identification tag identifying them as an employee of the Contractor. The Contractor employees shall be neat in appearance, courteous, and perform their functions with the appropriate professionalism.

E. Reporting System

1. The Contractor is required to submit a monthly written report to the City. This report should contain general reporting requirements, which will be in checklist form. Necessary support documentation or additional notes regarding these items should be attached to the report.

2. Reports are due before the end of each month. They should include:

a. Contractor name and number

b. Site Location name

c. Invoice outlining the Month's work;

d. Copy of detailed Employee Task Reports;

e. Report on health and vitality of plants;

f. General condition of the area under Contract;

g. Repair or replacement recommendations;

h. Dates of pesticide applications and name of chemical used

i. Notes of any conditions that may invalidate plant guarantee;

j. Proposed maintenance for next month;

k. Other information as required.

3. The Contractor's supervisor shall maintain close contact with the City so that the City may be fully aware of the Contractor's operation and may verify and observe that the work being performed is in accordance with the Contract. Any items needing immediate follow up must be brought to the attention of the City promptly when found.

F. Use of Premises

1. The Contractor's employee assigned to work at a City facility will consent to reasonable searches and/or inspections of any containers or packages, and its employees.

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

3. At the completion of the work, the Contractor shall remove all waste materials, and debris from, and about the premises, as well as all tools, equipment, and surplus materials; and leave the site clean and ready for occupancy by the City.

G. Safety and Protection

1. All materials and performance of work shall meet all Federal, State and Local Health and Safety laws. Safety Data Sheets (SDS) must be submitted, upon request, for approval of all supplies and chemicals intended for use in the performance of the

Contract. All chemicals to be used in performance of the Contract shall carry an

Environmental Protection Agency (EPA) approval number.

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

3. 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.

4. 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 work site and other persons including, but not limited to, the general public who may be affected thereby.

5. All equipment must be properly maintained and is subject to inspection by the City. Any equipment deemed inoperable or unsafe shall be removed from the premises. All equipment must meet Occupational Safety and Health Administration (OSHA) requirements.

5. STANDARD TERMS AND CONDITIONS

5.1. 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.

5.2. 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.

5.3. 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.

5.4. 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.

5.5. 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.

5.6. 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.

5.7. 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.

5.8. 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.

5.9. 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.

5.10. 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.

5.11. 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.

5.12. 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.

5.13. 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.

5.14. SPECIFICATIONS

A. The specifications shown in the Solicitation 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.

5.15. 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.

5.16. 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.

5.17. 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.

5.18. 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.

5.19. 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.

5.20. 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.

5.21. 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.

5.22. 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.

5.23. 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

5.24. 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.

5.25. 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. Pursuant to Florida State Statute Chapter

119.07, sealed submittals or replies are exempt from public inspection until such time as the City provides Notice of Intended Action or until thirty (30) days after opening, whichever is earlier.

5.26. IRREGULAR SUBMITTALS

Submissions made on documents other than the ones furnished by the Procurement and

Contracts Division may not be considered. Changes in phraseology, additions, or limiting provisions made on the Solicitation may render the submittal irregular and may cause rejection. The City’s Chief Procurement Officer, however, has the authority to waive minor irregularities.

5.27. CONTINGENT FEES

The Respondent warrants that no City official or employee was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein.

5.28. EVALUATION OF AWARD

The City reserves the right to award the Solicitation to the responsive and responsible

Respondent who submits the lowest submittal meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible Respondent submitting the lowest submittal shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City’s

MBE/WBE program and VBE preference. In determining whether a Respondent is responsible, the City reserves the right to consider matters such as, but not be limited to, quality offered, delivery terms, and service reputation of the Respondent.

5.29. AWARD OR REJECTION OF SUBMITTALS

The City’s Chief Procurement Officer reserves the right to accept any, all or part of any submittal, to waive minor irregularities, or to reject any, all or part of any submittal, and to advertise for new opportunities, as the interest of the City may require. The City’s Chief mailto:records@cityoforlando.net

Procurement Officer also reserves the right to reject the submittal of a Respondent who has previously failed to perform properly or complete on time contracts of a similar nature, or a submittal of a Respondent who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price, may be considered by the City’s Chief Procurement Officer:

A. The ability, capacity, and skill of the Respondent to perform the service required.

B. Whether the Respondent can perform the contract or provide the service promptly, or within the time specified, without delay or interference.

C. The character, integrity, reputation, judgment, experience, and efficiency of the

Respondent.

D. The quality of performance of previous contracts or services.

E. The previous and existing compliance by the Respondent with laws and ordinances relating to the contract or service.

F. The sufficiency of the financial resources and ability of the Respondent to perform the contract or provide the service.

G. The quality, availability, and adaptability of the supplies, or services, to the particular use required.

H. The ability of the Respondent to provide future maintenance and service for the use of the subject of the contract.

I. Whether the Respondent is in arrears to the City on a debt or contract or is a defaulter on surety to the City, or whether the Respondent's taxes or assessments are delinquent.

J. Such other information as may be relevant or secured.

5.30. AWARDS

As the best interest of the City of Orlando may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any or all submittals or waive any informality or technicality in submittals received.

5.31. MULTIPLE AWARDS

The City reserves the right in its sole discretion after evaluation of all responsive submittals, to award the work described herein to more than one responsive and responsible Respondent. In such cases where an award is made to more than one responsive and responsible Respondent, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider’s designation as primary, secondary or alternate.

5.32. PRICING AND ORDERING

The awarded Respondent shall honor all orders in accordance with the terms and conditions of the solicitation and their pricing and discounts terms as listed in their submittal. Unless otherwise specified, the awarded Respondent shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City.

5.33. RETURN OF PRODUCTS/EQUIPMENT

All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City of Orlando. The City may return, for full credit, any unused items received which fail to meet the City’s performance standards.

Replacement items meeting Specifications must be submitted within a reasonable time after rejection of the non-conforming items. Unless a different time period is specified, the

Contractor is to accept for full credit, any merchandise returned by the City within ninety

(90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the contractor and include reference to an applicable Contractor Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate

Contractor Invoice or Packing List.

5.34. FAMILIARITY WITH SITE WORK AND CONDITIONS

The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the

Respondent's. Submission of a submittal shall constitute acknowledgment by the

Respondent that it is familiar with all such conditions. The failure or neglect of a

Respondent to familiarize itself with the site of the proposed work, shall in no way relieve it from any obligations with respect to its submittal.

5.35. RIGHT TO AUDIT RECORDS

The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract.