Purchase_&_Delivery_of_Liquid_Oxygen.pdf

Procurement

Solicitation

IFB26-13

PURCHASE & DELIVERY OF LIQUID OXYGEN

DEADLINE FOR QUESTIONS: March 24, 2026

RESPONSE DEADLINE: April 2, 2026, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/cityofwinterpark

Sealed responses must be submitted electronically via the City’s e- Procurement Portal on or before the date and time referenced above. Any responses received after 11:00 am on said date will not be accepted under any circumstances. Under no circumstances shall the City be responsible for untimely submissions, late deliveries, or delayed response.

City of Winter Park

INVITATION FOR BID

Purchase & Delivery of Liquid Oxygen

1. Introduction

2. Definitions

3. Bid Preparation & Submittal

4. Scope of Services

5. Standard Terms & Conditions

6. Federal Provisions

7. Summation of Insurance Requirements

8. Pricing Proposal

9. Vendor Requirements & Acknowledgement

10. Attachments

Attachments:

A - FHWA 1273 Federal Aid Required Provisions_rev10.23.23

B - Build America, Buy America Act Provisions

C - Pricing_Guide_for_FEMA_Solicitations

1. Introduction

1.1. Summary

Electronic submissions must be received and time stamped by City of Winter Park's eProcurement portal on or before 11:00 am Thursday, April 2, 2026. Any responses received after said time and date will not be accepted under any circumstances. Official time will be measured by the time stamp from the eProcurement portal, which shall be scrupulously observed. Under no circumstances shall City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

The City of Winter Park ("City") is seeking bids from licensed vendors for the purchase, delivery, and unloading of liquid oxygen, on an as-needed basis for the City's three (3) water treatment plants.

Vendors must have a minimum of five (5) consecutive years of experience in providing services similar in size and scope to this solicitation and must be an authorized distributor or manufacturer of liquid oxygen.

Vendors must also possess and maintain all licenses, certifications, etc. that may be required by federal, state, and local law to furnish the goods and services contemplated herein.

1.2. Contact Information

Amanda LeBlanc Procurement Agent 401 South Park Avenue Winter Park, FL 32789 Email: aleblanc@cityofwinterpark.org Phone: (407) 643-1627

Department:

Water & Wastewater Utilities

1.3. Timeline

All times, dates and actions are subject to change. In accordance with F.S. 286.0113, portions of the meetings may be exempt from public meetings requirements. All interested parties are welcome to attend the non-exempt portions of the public meetings.

Release Date February 26, 2026

Question Submission Deadline March 24, 2026, 11:00am

Bid Submission Deadline April 2, 2026, 11:00am mailto:aleblanc@cityofwinterpark.org tel:(407)643-1627

2. Definitions

Addenda means a written or graphic instrument issued by the City prior to the execution of the Agreement which modify or interpret the Invitation for Bid by additions, deletions, clarifications, corrections or other type of modifications. Addenda will become part of the Contract Documents when the Agreement is executed.

Agreement means a legal document, executed by the City and the Successful Respondent, which supersedes all prior negotiations, representations, or agreements, either written or oral. The Agreement, as amended from time to time, forms the Contract between City and the Successful Respondent, setting forth the roles, responsibilities, and obligations of the parties, including, but not limited to, the performance of the Services and the basis of payment.

Bid or Proposal means the response to the Invitation for Bid submitted by the Respondent.

City means City of Winter Park, its officers, employees, agents, and volunteers.

Contract Documents means the Invitation for Bid, including Addenda to such, the Agreement, including Addenda to such, Respondent's Proposal, Scope of Services, Certificate(s) of Insurance, Notice of Intent to Award, Notice of Award, and any other documents mailed, e-mailed or otherwise transmitted to the Respondent prior to or after the submittal of their Proposal, and prior to or after Award, all of which are all to be treated as one in the form of the Contract Documents.

F.S. means the Florida Statutes, the version in effect on the effective date of Agreement, unless otherwise indicated.

Invitation for Bid means the contents of this solicitation and all supporting documents, including Addendum to such, or other related information transmitted to Respondents.

Minor Irregularity means a variation from the Invitation for Bid terms and conditions which does not affect the price or give the Respondent an advantage or benefit not enjoyed by the other Respondents or does not adversely impact the interests of the City.

Notice of Award means a written notice submitted by the City notifying the Successful Respondent that they have been awarded the contract.

Notice of Intent to Award means a written notice submitted by the City notifying the Successful

Respondent that the City intends to award the contract to them, contingent upon the Successful Respondent executing the Agreement and submitting any outstanding documents.

Notice to Proceed means a written notice issued by the City to the Successful Respondent fixing the date on which the Successful Respondent shall start the performance of the Services and the length of time for the completion of the Services, in accordance with the Contract Documents.

Payment and Performance Bonds means the approved forms of security furnished by the Vendor and their surety as a guarantee on the part of the Vendor to execute work in accordance with the terms of the contract and to pay all obligations associated with the project.

Pre-Bid Meeting means a meeting at which all Respondents gather to obtain additional information as to the scope of Services required under the Invitation for Bid.

Public Opening means the opening of the Proposals and the announcing of the Respondents who submitted a Proposal in response to the Invitation for Bid in the presence of the public.

Recommendation of Award means a written notification sent by way of facsimile or electronic e-mail to those who submitted a Proposal in response to this Invitation for Bid advising them of the City's decision for its selection of the Successful Respondent and its intent to award to that Respondent.

Respondent means the entity that submits a Proposal to the City in response to the Invitation for Bid.

Respondent is interchangeable with Vendor, Consultant, Firm, Bidder, and Contractor.

Responsive means a Proposal that conforms in all material respects to the Invitation for Bid requirements.

Responsible Respondent means a Respondent who shows that they have the capability in all respects to perform fully the Services outlined in the Invitation for Bid, and the integrity and reliability that will assure good faith performance.

Services means all supervision, labor, materials, equipment, supplies, subcontractors, and incidental expenses required by the Respondent to execute and complete the requirements of the Services outlined in the Contract Documents, including those prescribed or implied.

Subcontractor means an entity having a direct Contract with the Successful Respondent or with any other Subcontractor of the Successful Respondent who will provide product(s) or Services(s) for the performance of a part of the Services required under the Contract Documents under the sole control and direction of the Vendor.

Successful Respondent means the Respondent to whom the City awards an agreement based on the City's evaluation of the Respondents' qualifications and pricing as hereinafter provided.

Surety means any person, firm, or corporation which is bound by Payment Bond and Performance Bond with and for the Vendor and which engages to be responsible for their acceptable performance of the work and for payment of all debts pertaining hereto.

Timeline means the list of critical dates and actions involved in the Invitation for Bid.

3. Bid Preparation & Submittal

3.1. Obtain Documents

Documents can be downloaded by visiting the City's Procurement Portal. If you experience any problems downloading the document, please contact the OpenGov system support via the Tech Support chat on the website, email at procurement-support@opengov.com, or by phone at 650-336- 7167.

Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in OPENGOV well in advance of their intention of submitting a response to ensure familiarity with the use of OPENGOV. The City will not be responsible for an Offeror’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OPENGOV.

3.2. Electronic Responses Due

Electronic responses must be submitted via the City's Procurement Portal by 11:00 am Thursday, April 2, 2026. It is the Respondent’s responsibility to ensure that your proposal is submitted at the proper time to the City's Procurement Portal. Proposals that, for any reason, are not so submitted will not be considered. All proposals received after 11:00 am Thursday, April 2, 2026 will not be accepted. Under no circumstances will City of Winter Park be responsible for late proposals or submissions.

All proposals will be opened and acknowledged immediately following proposal due date and time.

All proposals will be opened and acknowledged immediately following proposal due date and time.

Pursuant to Florida Statute 119.071 (1)(b)1. a., sealed bids, electronic proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

3.3. City is Not an Administrative Agency

To the fullest extent allowed by law, the City of Winter Park is not an administrative agency subject to the bid procedures specified in Section 120.57(3), Florida Statutes, as it may be amended.

3.4. Preparation of Bids

Bids shall be submitted using the Procurement Portal unless otherwise requested within the specification. Complete each item requested and submit one (1) original electronic copy in the City's Procurement Portal. Bids shall be submitted electronically by the Respondent where the Respondent is a corporation, limited partnership, limited liability company, or entity other than an individual. A Respondent may be requested to present evidence of its experience and qualifications and the entity's financial ability to carry out the terms of any resulting contract.

If your response contains any information deemed confidential, provide an additional redacted version of your response labeled "Redacted." An electronic copy (Microsoft Word or Adobe) shall be submitted within the Vendor Requirements & Acknowledgement.

https://procurement.opengov.com/portal/cityofwinterpark/ mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark/projects/235427/document?section=2240600

3.5. Bid Submittal

Bids shall be submitted directly to the City's Procurement Portal. Submit bid in accordance with the instructions listed herein regarding the time and date required. Responses received after the time requirement will not be opened and will not be considered for award. It is the Respondent’s sole responsibility to be sure its response is submitted to the City's Procurement Portal by 11:00 am

Thursday, April 2, 2026. The City will not be responsible for any bid submitted incorrectly or formatting errors.

All bids must be prepared and submitted in accordance with the instructions provided in this Invitation for Bid ("IFB"). Each bid received will be reviewed to determine if it is responsive to the submission requirements outlined in the IFB. A responsive bid follows the requirements of the IFB, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments required. Failure to comply with these requirements may deem your bid non-responsive.

Pursuant to Section 287.05701, Florida Statutes, the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor or give preference to a vendor based on the vendor’s social, political, or ideological interests.

4. Scope of Services

The City of Winter Park is seeking bids for Purchase & Delivery of Liquid Oxygen and is open to all parties that meet the requirements of this solicitation. The terms “Vendor” and “Respondent” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions.

4.1. General Description

Vendor shall furnish all labor, materials, equipment, and incidentals necessary to provide, deliver, and transfer liquid oxygen to the City's storage tanks. The annual quantity for the three (3) treatment plants is approximately one thousand five hundred (1,500) tons.

4.2. Technical Requirements

A. Usage/Standard: Liquid Oxygen ("LOX") must contain no less than 99.5% purity by volume.

B. The LOX must conform to the following quality requirements:

1. LOX must be certified for use in ozone generators.

2. The total hydrocarbon content (THC) of the delivered LOX must not exceed 25 ppm.

3. The dew point of the LOX supplied must not be above -90⁰ F at standard atmospheric pressure.

4. LOX must be approved for potable water treatment and meet American Water Works Association (AWWA) B304-18 (latest edition) “Liquid Oxygen for Ozone Generation for Water, Wastewater, and Reclaimed Water Systems”. LOX supplied under this contract must be an odorless, highly oxidizing, light blue, cryogenic liquid. The material must contain no soluble inorganic or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming the water or would render the water unfit for public use.

4.3. Delivery Locations

Shipments will be delivered F.O.B. destination to the City of Winter Park location(s) listed below on an as-needed basis. All liquid oxygen tanks are nine thousand (9,000) gallons.

Swoope Water Plant 511 W Swoope Ave

Winter Park, FL 32789

Magnolia Water Plant 1960 Magnolia Ave

Winter Park, FL 32789

Aloma Water Plant 3400 Aloma Ave

Winter Park, FL 32792

4.4. Delivery Requirements

A. Vendor will schedule all deliveries with the City's Point of Contact ("POC").

B. Vendor will only deliver goods Monday – Friday (excluding City holidays) between the hours 6:30 am and 2:00 pm. Any deliveries outside of these days and times must be agreed upon at least twenty-four (24) hours in advance by the City and coordinated with the Vendor and City prior to delivery.

C. Vendor will deliver the LOX within forty-eight (48) hours of notification from the City. Vendor will make deliveries of LOX upon request in single-unit cargo trailers.

D. Vendor will be responsible for properly pumping the LOX into City's 9,000-gallon storage tank and will provide all necessary hoses, fittings, pumps, etc. required to efficiently “offload” the LOX into the storage tanks. Vendor will use proper PPE while off-loading liquid oxygen.

E. Delivery Documentation - Failure to provide the following documentation with each delivery may result in refusal of delivery:

1. Product Safety Data Sheets (SDS) for the initial delivery at each water plant.

2. Analysis Affidavit – The Vendor will furnish the City with an affidavit, signed by a corporate designated official, certifying that the product supplied by the Vendor complies with all applicable requirements of contract specifications.

3. Guarantee Certificate – A guarantee certification from the product manufacturer indicating that the product meets or exceeds all provisions of NSF/ANSI Standard 60 certified product (latest edition).

4. Weight Certificate

5. All shipment containers must have markings, tags, labels, or serial numbers as required by the United States Department of Transportation (USDOT).

F. Vendor will keep the City advised at all times of the status of deliveries. If a delay is foreseen, the Vendor will give immediate notice to the City's POC and reschedule the delivery by 2:00 pm on the originally scheduled delivery date. The rescheduled delivery will be made within one (1) business day unless otherwise mutually agreed to by both parties.

Should Vendor fail to deliver the proper item(s)/service(s) at the time and place(s) contracted for, or within a reasonable period of time thereafter as agreed to in writing by the City, or should Vendor fail to make a timely replacement of rejected items/services when so required, the City may purchase items/services of comparable quality and quantity in the open market to replace the undelivered or rejected items/services. Vendor will reimburse the City for all costs in excess of the contract price when purchases are made in the open market; or, in the event that there is a balance the City owes to the Vendor from prior transactions, an amount equal to the additional expense incurred by the City as a result of the Vendor’s nonperformance will be deducted from the balance as payment. If the Vendor fails to notify the City of delayed shipments or fails to meet scheduled deliveries more than three (3) times within the contract term, it will be a basis for termination of the contract.

G. Basis of Rejection: The City reserves the right to reject, at the Vendor's expense, any shipment which fails to meet contract specifications. The City reserves the right to test or have tested samples of any loads delivered. The independent testing laboratory will be chosen by the City. If such a test reveals that the material does not conform to the specifications, the Vendor will reimburse the City for all charges related to the testing and replace the entire delivery at no charge.

H. Vendor will ensure all drivers delivering product under the contract possess and maintain all licenses, certifications, skills, etc. (as mandated by local, state, and federal laws) to safely transport and unload product.

I. Equipment: All cargo trailers and appurtenant valves used for the delivery of the LOX will be in good mechanical order and will be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. All appurtenant valves, pumps, and discharge hoses used for the delivery of LOX will be clean and free from contaminating material. Vendor will apply hand brakes on the delivery vehicle, and wheels will be chocked before any off-loading of product.

J. Shipments: All shipments will be made in bulk form by pressure tank trucks. Vendor will have a minimum of two (2) delivery vehicles in operating order at all times available to provide product. Trucks will have the necessary pump for unloading into bulk storage tank(s). Vendor will provide the necessary fittings, hose, pumps, and accessories for connection to and filling of the bulk tank(s). Delivery vehicle must be of proper size to allow safe entry, exit, loading and unloading area.

K. Spillage: In the event of a spill or leak, the Vendor will supply the necessary personnel to respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee "After Event" cleanup. Vendor will report any spillage to the City within six (6) hours of the occurrence and provide details of quantity and ultimate disposal methods. Spills or leaks of any type, caused by Vendor's employees or representatives, will be the sole responsibility of the Vendor, and any costs to properly clean up and repair resultant damages or any penalties assessed against Vendor or City because of pollution resulting from such spillage must be borne by the Vendor. Should a spill or leak occur, caused by the Vendor's personnel, equipment or method of delivery, Vendor must immediately comply with all applicable terms and conditions of the current version of Title III, Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.S. 11001, et seq.

(SARA) and the Florida Hazardous Materials Emergency Response and Community Right-to- Know Act of 1988, CH 252, Part II, Florida Statutes.

L. The responsibility for compliance with Federal and State Rules and Regulations regarding Vendor-caused spills or releases will be the sole responsibility of the Vendor. The Vendor will hold the City of Winter Park harmless for any failure to properly report and/or comply with this provision.

4.5. Miscellaneous Requirements

A. Vendor must provide thirty (30) days’ advance written notice to the City regarding any significant changes in the product manufacturing process or changes to the source of supply.

B. If NSF certification has been revoked or lapsed, Vendor must inform the City (verbal or written notification) within twenty-four (24) hours from the time that NSF has notified the Vendor. Loss of NSF certification must be considered grounds for immediate termination of the contract.

C. Chemical Warranty - Notwithstanding anything to the contrary heretofore or hereafter represented by either party to the other, Vendor warrants that each and every chemical substance sold or otherwise transferred by Vendor to the City as of the time of such sale or transfer, is on the list of chemical substances complied and published by the federal government pursuant to the Toxic Substance Control Act, (PL 94-469).

D. Safety Training - Before the initial delivery to the plant site, the City of Winter Park will train all available drivers and supervisor(s) on site-specific safety and emergency policies.

Thereafter, for the duration of the contract, the contract supply company will be responsible for training all new hires and ensuring current employees/drivers stay current on safety and emergency policies.

4.6. Emergencies

A. Disaster means any large-scale event such as a hurricane, an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity which results in or has the potential to result in a significant loss of life or property.

B. During and after a disaster, Vendor must provide special services to the City, including opening their facilities on nights and weekends as necessary to meet the needs of the City during a disaster.

C. Vendor must not charge City any fee for opening facilities during an emergency or for extending Vendor's hours of operation during a disaster. City will pay Vendor the agreed-upon contract prices for all purchases made by City during the disaster, and Vendor will not charge City any additional markup, fee, or cost for any purchases made by City during a disaster.

D. Vendor must quickly mobilize internal and external resources to assist City when a disaster unfolds.

E. Extended hours and personnel. During disasters, Vendor's facilities must stay open twenty-four (24) hours if requested by the City. Vendor must utilize additional Vendor personnel to take City orders if necessary. Vendor's call center must accept phone orders twenty-four

(24) hours a day.

F. Vendor must have contingency plans with Vendor's suppliers to provide additional supplies and equipment quickly to City as needed.

G. Vendor must cooperate with City to properly document any and all expenses incurred by City with Vendor and Vendor must assist City in meeting any and all documentation requirements of the Federal Emergency Management Agency (FEMA).

4.7. Pricing Adjustments

A. Adjustments to pricing shall result from increases at the manufacturer's level incurred after the contract commencement date, clearly identify the items impacted by the increase, and be accompanied by documentation acceptable to the City of Winter Park sufficient to justify the requested increase. This includes a certified letter from the LOX manufacturer showing the price increase to the Vendor and providing a basis for the requested increase, such as fuel increases or other demonstrable circumstances. The City will be the sole judge as to the acceptability of sources.

B. Acceptance of a request will be at the sole discretion of the City.

C. Price increases will not be considered before the end of the first term of the Contract. Approved price adjustments shall remain unchanged for at least twelve (12) months thereafter unless due to extraordinary circumstances as documented by the Vendor and concurred with by the City. A written request for a price adjustment, with proper documentation, shall be submitted a minimum of thirty (30) calendar days in advance of a proposed effective date. An approved price increase will become effective upon execution of the Contract amendment. Retroactive price increase adjustments will not be considered.

D. If Vendor receives any price decreases from the manufacturer of the product, Vendor shall notify the City within twenty-four (24) hours of such price decrease and pass the price decrease on to the City. Failure to reach agreement on a request to increase or decrease price(s) can, at the sole option of the City, result in termination of the Agreement for cause.

5. Standard Terms & Conditions

5.1. Basis of Bids/Proposals

The words “Bid” and “Proposal” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions. Respondent will include all cost items; failure to comply may be cause for rejection. No segregated bids or proposals or assignments will be considered. It is the intent of the City to promote competitive bidding.

It shall be the Respondent’s responsibility to advise the Procurement Division of any language, requirements, etc., or any combination thereof, which the Respondent feels may inadvertently restrict or limit the requirements stated in the specifications to a single vendor or manufacturer.

Such notification must be made in writing at least seven (7) business days prior to the opening date and time of the bid.

5.2. Submission of Supporting Documents

The Successful Respondent shall furnish all required documents within ten (10) business days after notification of award. If the Successful Respondent fails to furnish the required documents within ten (10) business days, the City may withdraw the award and award to the next lowest responsive, responsible Respondent whose bid provides the best value to the City.

5.3. Bid Prices

The Respondent warrants by virtue of bidding that the prices, terms, and conditions quoted in this bid will be firm for ninety (90) days from the date of the bid opening unless otherwise specified by the Respondent and shall not be amended after the date and time of the bid opening. Any attempt by a Successful Respondent to amend said bid prices except as otherwise provided herein shall constitute a default.

Amounts specified herein are for fixed-price work or products, including all prices for equipment, labor, and materials required to perform the work or deliver the product(s) specified herein. The Respondent, having familiarized itself with the local conditions and conditions listed here, proposes to furnish all labor, materials, equipment and other items, facilities and services, without exception, for the proper execution and completion of the contract, and if awarded the contract, to complete the required work or deliver the required product(s) as specified within the bid/proposal package set forth by the City of Winter Park.

5.4. Delivery

All prices shall be FOB Destination, City of Winter Park, Florida. Delivery dates and warranties must be written out and submitted with bids. We insist delivery dates be met as specified. There will be no additional charge for multiple delivery locations.

5.5. Contract Term

Unless otherwise agreed in a written document approved and signed by the City, the contract shall be in effect for thirty-six (36) consecutive months from the date the Mayor or other authorized signer signs the contract on behalf of the City.

There shall be the option of renewal for a possible second and third 12-month period, not to exceed sixty (60) months in total, after written consent of both parties and approval by the City Commission or City Manager. Approximately forty-five (45) days prior to the expiration of the initial contract period, the successful Respondent will be notified by the City if it seeks an extension. To be effective and enforceable, any changes in the scope of services or prices intended to apply in a renewal or extension period must be presented by City staff to the City Commission for approval or rejection.

Upon written consent of both parties and approval of the City Commission or City Manager, the contract will be renewed for the second, third, fourth, or fifth term.

5.6. Invoicing & Payment

Unless otherwise agreed to by the City, payment terms will be thirty (30) days net from receipt of invoice unless an appropriate prompt payment discount is provided and accepted. Payment shall be made by the City only after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced, and the invoices are in all respects satisfactory to the City and appropriate for payment. All invoices shall bear the purchase order number or IFB number. Payment and disputes involving invoices and payments shall be governed in accordance with Part VII, Chapter 218, Florida Statutes (Local Government Prompt Payment Act).

5.7. Visa Acceptance

The City of Winter Park has implemented a purchasing card program, using the Visa platform.

Successful Respondent may receive payment from the City via purchasing card in the same manner as other Visa purchases. Visa acceptance is preferred but is not the exclusive method of payment.

5.8. Taxes

The City is exempt from Federal Excise and Sales taxes. Tax exemption number: 85-8012621708C- 8.

5.9. Mistakes

Respondents are expected to examine the specifications, delivery schedule, bid prices, extensions and all other instructions provided herein. Failure to do so will be at the Respondent’s risk. The City is not obligated to give Successful Respondent extra payments for conditions which can be determined by examining the site and documents. In case of mistake in extended price, the unit price will govern and the Respondent’s total offer will be corrected accordingly.

5.10. Minor Informalities or Irregularities in Bids

A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, or delivery is negligible when contrasted with the total cost or scope of the acquired supplies or services. The procurement officer either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the City. Examples of minor informalities or irregularities include the failure of a bidder to

A. Furnish required information concerning the number of its employees;

B. Sign its bid, but only if:

1. The undersigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned bid (such as the submission of a bid guarantee or a letter signed by the bidder, with the bid referring to and clearly identifying the bid itself); or

2. The firm submitting a bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature and submits evidence of such authorization and the bid carries such a signature;

C. Acknowledge receipt of an amendment to an invitation for bids, but only if:

1. The bid received clearly indicates that the bidder received the amendment, such as where the amendment added another item to the invitation and the bidder submitted a bid on the item; or

2. The amendment involves only a matter of form or has either no effect or merely a negligible effect on the price, quantity, quality, or delivery of the item bid upon.

5.11. Contract Award

The City reserves the right to:

• award by individual item, aggregate, or none, or any combination thereof;

• award to one or more suppliers;

• cancel the bid;

• reject any or all bids;

• waive any minor informalities or technicalities in responses received, as may be deemed in the best interest of the City in the City’s sole discretion.

The City reserves the right to award the contract to the lowest responsive, responsible Respondent who submits a bid meeting specifications in a way deemed most advantageous and the best value to the City in the City’s sole discretion. The City further reserves the right to consider matters such as, but not limited to, the quality offered, delivery terms, and service reputation of the vendor in determining the most advantageous bid. The City reserves the right to demand additional information or clarification with respect to any bid or submission from one or more Respondents, with such a request being furnished to all Respondents. Failure to respond or to provide adequate information in response shall be grounds for disqualification in the sole discretion of the City.

Information received upon such a request for additional information or clarification may be relied upon by the City in determining the most advantageous bid for purposes of making an award.

5.12. Contract Terms at Variance with This Document, Bid or Specifications

This formal solicitation expressly limits acceptance to the terms of this document. If the Respondent submits a bid that contains additional terms and conditions then, at the option of the City, it may award the contract to such Respondent but without the contractual terms that were included in the bid and which are inconsistent with or different from the language in this invitation, and the bid specifications and this document so long as the bid is otherwise responsive to this document and the bid specifications with the inconsistent language stricken. The Respondent hereby agrees that by making a bid based upon this invitation, that any term or condition inconsistent with this document or the bid specifications shall be null, void and stricken by the City. Without limitation, the following contract terms and provisions shall be deemed inconsistent and will be stricken:

A. Any provision that changes the venue for any type of dispute resolution to a location outside of Orange County, Florida.

B. Any provision that applies the law of any jurisdiction other than the law of Florida.

C. Any provision that provides for a dispute resolution method other than resolution in the court of appropriate jurisdiction and venue (although non-binding mediation in Orange County, Florida using a mutually agreed mediator will not be deemed inconsistent). Dispute resolution through arbitration or through any other tribunal court of appropriate jurisdiction and venue (in Orange County, Florida).

D. Any provision that provides for attorneys’ fees to the prevailing party in any litigation between or among the parties is inconsistent and shall be stricken.

E. Any provision that limits the remedies and warranties available to the City under applicable provisions of Florida law shall be inconsistent and stricken. Although the Uniform Commercial Code and Florida law will allow for limitation of warranties and remedies, such limitations are also inconsistent with the intent of this formal solicitation and will be stricken from the contract if awarded. It is the intent of the parties that the City shall reserve all of its rights of warranty and remedies available to the fullest extent under Florida law, without limitation.

F. Any provision that alters the risk of loss and/or FOB point of responsibility with respect to goods in transit that are inconsistent with the provisions of this document or the bid specification shall be inconsistent and stricken.

G. Any provision that provides for the City to hold harmless and indemnify another party shall be inconsistent with this formal solicitation and stricken.

H. Any provision that, to any extent, waives, alters or modifies, or purports to do so, the sovereign immunity rights of the City shall be deemed to be inconsistent with this formal solicitation and shall be stricken.

I. Any bid that purports to establish a lien or security interest in any property sold by the vendor or any other property of the City shall be deemed unlawful and inconsistent with this formal solicitation and stricken.

J. Any term that is proposed that would alter the rate of interest and terms for payment in a manner inconsistent with this formal solicitation shall be deemed to be stricken although to the extent the Florida Prompt Payment Act applies, that statute shall govern, with the City reserving all rights under such Act.

K. Any provision that purports to establish liability against the City for any indirect, incidental, special, or consequential damages, included but not limited to, delay damages.

5.13. Modifications & Withdrawals

Proposals may be modified at any time prior to the bid open date and time. To change a bid, login to your vendor account: https://procurement.opengov.com/portal/cityofwinterpark, go to your submitted proposal and select “Unsubmit Proposal”, make the required changes, and submit the proposal again.

Proposals may be withdrawn any time before the bid open date and time. To withdraw a bid, login to your vendor account: https://procurement.opengov.com/portal/cityofwinterpark, go to your submitted proposal. select “Unsubmit Proposal."

HOWEVER – NO PROPOSAL MAY BE WITHDRAWN OR MODIFIED AFTER THE PUBLIC

OPENING and shall constitute an irrevocable offer for a period of ninety (90) days to provide to the City the services set forth in this formal solicitation or until one or more of the bids have been awarded.

5.14. Disqualifications

The City of Winter Park reserves the right to disqualify bids/proposals, before or after opening, upon evidence of collusion with intent to defraud or other illegal practice upon the part of the Respondent. Respondent also warrants that no one was paid or promised a fee, commission, gift or any other consideration contingent upon receipt of an award for the services or product(s) and/or supplies specified herein.

5.15. Bid Costs

Costs related to the preparation of a response to this formal solicitation are solely those of the Respondent, and the City assumes no responsibility for any such costs incurred by the Respondent.

5.16. Protests & Procurement Policy

If a protest is filed, it shall be in accordance with the procedures outlined for bid protests in the City’s Procurement Policy. The Procurement Policy is incorporated herein by reference and is available online at the City of Winter Park Procurement Division website. In the event of any inconsistency or ambiguity between the terms of the Procurement Policy as compared with the terms of this document and the specifications at issue, the terms of this document and the specification at issue shall govern and control.

If a Respondent prevails in a protest action, the City of Winter Park’s liability shall be limited to reimbursement of the actual bid costs (as defined in the section above entitled “Bid Costs”) proven to have been incurred and paid by the Respondent. No other damages, including but not limited to damages for lost profits, lost business opportunity and/or compensatory or consequential damages of any type or special damages of any type shall be due to or recovered by the prevailing vendor in a bid protest, even if the contract is awarded by the City to another Respondent, if the bid protester has failed to obtain an injunction against making such award.

https://procurement.opengov.com/portal/cityofwinterpark https://cityofwinterpark.org/departments/administration/procurement/

Any party responding to a formal solicitation issued by the City, that contends that another Respondent is disqualified from bidding for any reason, including allegation that the other entity is not legally qualified to respond or lacks appropriate visa or citizenship status, may also raise such issue through the means of a protest, and the bid protest shall be handled in the manner specified herein and in accordance with the terms of the Procurement Policy and Florida law applicable to municipal protests.

With respect to any assertion that another Respondent is not legally constituted or lacks proper citizenship or visa status, the protesting party shall offer proof of such fact prior to the award of the contract, and such proof shall be subject to the requirements of admissible evidence under Florida law as determined by the City Attorney during the course of the protest proceedings.

5.17. Agreement

The resulting Agreement or Contract, which shall include these General and Special Conditions, as well as all Amendments or Addenda issued by the City, contains all the terms and conditions agreed upon by all parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement/Contract shall be deemed to exist or to bind either party hereto. All proposed changes must be submitted to the City in writing, and approved by the City Manager, Assistant City Manager and/or City Commission in writing prior to taking effect.

5.18. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or Respondent under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Respondent shall provide a Certification of Compliance regarding the Public Crime requirements.

In submitting a bid to the City, the Respondent offers and agrees that if the bid/proposal is acceptable, the Respondent will convey, sell, assign or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Winter Park. At the City’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to Respondent.

5.19. Certificate of Insurance

The Successful Respondent and any subcontractors of the vendor shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City. The City of Winter Park has contracted with myCOI to track and establish insurance compliance with the contract terms. If awarded a contract, the Successful Respondent shall be required to register with myCOI. Respondent must submit certificates or other documentary evidence to the City via myCOI, attesting to insurance coverage for Workers’ Compensation Insurance as required by the Florida

Statutes, Public Liability, Property Damage Insurance, Professional Liability Insurance in the amount of one million dollars ($1,000,000), and other requirements, as summarized on and in the amounts specified on the attached Summation of Insurance Requirements. The Successful Respondent shall not commence work under any agreement until obtaining all insurance coverage under this section and until the City has approved such insurance.

The City of Winter Park shall be included as an Additional Insured on all certificates and policies pertaining to this project, except for Workers’ Compensation and Professional Liability Insurance policies. Insurance companies must be licensed to do business in the State of Florida with a Best’s Key Rating Guide rate of no less than “A”. This information will be verified in the City’s discretion, and it may be grounds for disqualification if the information is not in order.

5.20. Licenses, Permits and/or Fees

It shall be the sole responsibility of the Contractor to obtain and maintain, in good standing, any and all licenses as required to perform the Services at no additional cost to the City. It shall be the sole responsibility of the Contractor to obtain any and all necessary permits required to perform the Services. In the event they cannot be waived by the City, any and all costs incurred due to Project-specific permits and related fees required to perform the Services, as directed by the City, shall be handled as a pass-through cost to be paid by the Contractor and invoiced to the City at no additional cost.

5.21. Termination/Cancellation of Contract

The City reserves the right to cancel the contract, at any time, without cause and without penalty, with a minimum thirty (30) days written notice. Termination or cancellation of the contract will not relieve the Respondent of any obligations for any deliveries entered into prior to the termination of the contract (i.e. reports, statements of accounts, etc., that are required and not received).

Termination or cancellation of the contract will not relieve the Respondent of any obligations or liabilities resulting from any acts committed by the Successful Respondent prior to the termination of the contract.

5.22. Termination for Default

The City’s Procurement Division shall notify, in writing, the Respondent of deficiencies or default in the performance of its duties under the Contract, via email, or otherwise, to the address provided by the Successful Respondent in its proposal. Three (3) separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specified elsewhere in the solicitation, whether or not the Respondent has received notice of those instances of deficiency. It shall be at the City’s sole discretion whether to exercise the right to terminate. Respondent shall not be found in default for events arising due to reasons classifiable under the category of Force Majeure.

5.23. Termination for City’s Convenience

The performance of work under this contract may be terminated in accordance with this clause in whole or from the time in part whenever a City representative shall determine that such termination is in the best interest of the City. Any such termination shall be communicated by the delivery via https://cityofwinterpark.org/departments/administration/procurement/ email or otherwise to the address provided by Successful Respondent in its response of a Notice of Termination specifying the extent to which the performance of work under the contract is terminated and the date upon which such termination becomes effective. Upon such termination for convenience, Successful Respondent shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date, and the City shall have no other obligations to Successful Respondent. Successful Respondent shall be obligated to continue the performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date.

5.24. Post Award Termination

Unless otherwise prohibited by law, in the event the Respondent who is awarded a contract by the City through this IFB is terminated early or suspended from further work or services by the City for a default in the performance under the contract, or in the event the City rescinds a contract award to the Successful Respondent prior to execution of a contract, the City may, without commencing a new competitive procurement process and, without waiving any rights or remedies against the defaulting Respondent if applicable, contract with the next responsive and responsible Respondent that is willing and able to complete the work or services if such is determined by the City Commission to be in the City’s best interest. In awarding a contract to the next responsive and responsible Respondent that is willing and able to complete the work or services, the City may accept such Respondent’s original response or negotiate a contract to be consistent with the defaulting Respondent or the Respondent’s whose contract award was rescinded.

5.25. Drug-Free Workplace

The Successful Respondent, its employees, subcontractors, and its employees are prohibited from unlawful drug or alcohol possession and the use, manufacture, or dispensation of controlled substances while at work and while traveling to or from work. If any employee reports to work under the influence of alcohol or drugs, the employee shall be immediately removed from the City premises by the Respondent. The Successful Respondent will be held responsible for any damages, loss, or extra expenses caused by delays incurred by such actions. The Respondent shall certify that the firm has a drug-free workplace policy in accordance with section 287.0878, Florida Statutes.

Failure to submit this certification shall result in the rejection/disqualification of the bid. (See attached Drug-Free Workplace Affidavit).

5.26. Indemnification

The Successful Respondent shall be required to provide certain indemnifications in favor of the City and its employees and elected and appointed officials and officers in substantially the following form:

Successful Respondent agrees to indemnify and hold…