RFP-604608-23_LNF_-_Term_Contract_for_Generator_Services_and_Repairs.pdf

REQUEST FOR PROPOSAL

RFP-604608-23/LNF

RFP-604608-23/LNF - TERM CONTRACT FOR

GENERATOR SERVICES AND REPAIRS

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: August 2, 2023

DEADLINE FOR QUESTIONS: September 1, 2023

RESPONSE DEADLINE: September 13, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Seminole County

RFP #RFP-604608-23/LNF

RFP-604608-23/LNF - Term Contract for Generator Services and

Repairs

TABLE OF CONTENTS

I. Introduction II. Scope of Services

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

VII. Evaluation Phases

Attachments:

B - Draft Agreement RFP-604608-23_LNF

Title: RFP-604608-23/LNF - Term Contract for Generator Services and Repairs

1. INTRODUCTION

1.1. Summary

It is the intent of the COUNTY to award this contract to multiple vendors for as needed routine maintenance and 24-hour emergency service on generators and transfer switches. This work will involve the repair and emergency repair of approximately two hundred thirty (230) generators of various manufactures and sizes. The Contractor will be responsible for all parts, labor, materials, tools, equipment, coordination, safety devices and all work necessary for the proper functioning of the equipment. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of the work.

1.2. Contact Information

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

Department:

Resource Management - Purchasing & Contracts

1.3. Timeline

Release Project Date August 2, 2023

Question Submission Deadline September 1, 2023, 10:00am

Proposal Submission Deadline September 13, 2023, 2:00pm mailto:lfigueroa@seminolecountyfl.gov tel:(407)665-7119

2. SCOPE OF SERVICES

2.1. Scope of Services

It is the intent of the COUNTY to award this contract to multiple vendors for as needed routine maintenance and 24-hour emergency service on generators and transfer switches. This work will involve the repair and emergency repair of approximately two hundred thirty (230) generators of various manufactures and sizes. The Contractor will be responsible for all parts, labor, materials, tools, equipment, coordination, safety devices and all work necessary for the proper functioning of the equipment. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of the work.

A. Permits:

• The Contractor will secure and pay for all permits, inspections, and licenses necessary for the execution of the work.

B. Preventative Maintenance Services:

o Level one preventative inspection services (PMA) Services listed below will be performed a minimum:

• Generator Visual Inspection checks:

• Oil Level

• Coolant Level/Antifreeze (Check pH)

• Air Cleaner Assembly (leaks, cracks)

• Inlet Manifold and Piping, Rain Cap (condition)

• Exhaust Manifold and Piping (condition)

• Fuel System (day tank operation – lines, leaks, condition)

• Fuel Priming Pump (operation, condition)

• Radiator, Radiator Cap, Radiator Air Flow (leaks, damage, blocking)

• Water Hoses (condition, leaks)

• Fan assembly (cracks, bent blades, bearings)

• V and Serpentine Belts, Balancer (proper tension, condition)

• Crankcase Breather

• Engine Mounts (condition)

• Electrical Wiring (engine)

• Battery(s) (Check gravity)

• Battery Charger (log output voltage)

• Overall Appearance (paint, etc.)

• Generator Stator – Armature (visual condition)

• Brushes, Holders, Slip Rings (condition)

• Rotating Fields (condition)

• Controller (fault indicators)

• Generator Performance Evaluations

• Starter (cranking ability, operation) voltage drop

• Engine Smoke (critical system indicator)

• Gauges and Indicators (operation, condition)

• Battery Charge Rate (voltage, reading, amps reading)

• Fuel Transfer Pump (PSI, valves, condition, leaks)

• Lubrication System (PSI valve) and High Idle

• Lubrication System (leaks)

• Cooling System, Block Heater (s) (leaks, condition)

• Temperature Regulators (operation, stability, response)

• Governor (operation, stability, response)

• Turbocharger (operation)

• After Cooler (condition, leaks)

• Safety Devices (operation, condition) (faults?)

• Oil Pressure

• Control Panel (operation, condition (faults?)

• Electrical Power Generator (operation)

1. Voltage

2. Amperage

3. Hertz

• Transfer Switch Inspection Checklist

• Check the transfer switch’s main power switching mechanisms’ mechanical operation and integrity.

• Tighten control and power wiring connection to specifications

• Check main power switching contacts’ condition and clean

• Perform a thermal scan or millivolt drop test to check high contact resistances.

• Tighten connections, clean main contacts as necessary

• Test all indicators and remote-control systems for operation o Results obtained shall be logged on a Preventative Inspection Checklist Form and sent to the Seminole County Fleet Representative.

o Level two preventative maintenance services (PMC) Services listed below are performed on a once per year basis, and as a minimum said service will include:

• Generator Maintenance Items:

• Level one Services (see attached)

• Change oil and filters

• Change fuel filters

• Change air filters as needed

• Sample engine oil for engine wear or contaminates, report results

• Sample fuel for contaminates report results

• Service batteries

• Inspect and lubricate airflow louvers

• Transfer Switch Maintenance Items:

• Level one Services (see attached)

• Lubricate switch

• Test transfer switch’s automatic control system.

• Inspect inside of transfer switch for vibration, leakage, noise, temperature, or contamination.

• Results obtained shall be logged on a Preventative Maintenance Checklist Form and sent to the Seminole County Fleet Representative.

C. Load Bank test services:

• Any repair service above and beyond the original authorized work will require an estimate being submitted and approved to the County before the work is performed. The contractor will notify the Fleet Representative within one (1) working day and the cost of providing the estimate will be at no charge to the County.

• Load Bank testing will be performed at a minimum on an annual basis.

• Results obtained shall be logged and sent to the Seminole County Fleet Representative.

D. Repair Services – Parts:

• All replacement parts shall be new and of the same quality and brand name as that being replaced. All supplies shall be as specified by the equipment manufacturer. Substitutions will be permitted only with prior authorization of the County designated representative.

• Any repair service above and beyond the original authorized work will require an estimate being submitted and approved to the County before the work is performed. The contractor will notify the Fleet Representative within one (1) working day and the cost of providing the estimate will be at no charge to the County.

• The County will be billed either Contractor’s cost plus a mark-up or discount off list price. When parts and materials are used, the Contractor must provide the County with a copy of the invoice that the Contractor purchased the part or material to enable the

County to verify the cost of the part and the applicable supplier mark-up.

• The Contractor shall have adequate machinery to perform any type of repair required under the contract, including adequate tooling, special equipment and machinery.

• All material, workmanship, and equipment shall be subject to the inspection and approval of the County.

• The Contractor shall have the capability of transporting and storing equipment.

Equipment that remain in Contractor’s possession overnight and for extended periods shall be stored in a safe and secure location for protection from theft and environmental dangers. The Contractor will be responsible for the proper care and custody of any

County owned equipment in the Contractor’s possession. Storage will be at no charge to County.

• Upon completion of the repair services, the Contractor may be requested to deliver the equipment to the County Facilities. These deliveries shall be made during normal fleet business hours only (Monday - Friday, 7:00 AM — 4:00 PM) unless otherwise specified by the County designated representative.

• Upon receipt of the equipment by Fleet, all work will be inspected by a County representative before acceptance. Improperly repaired equipment will be the responsibility of the Contractor to complete a proper repair. All returned work must be completed at the Contractor's expense according to industry standards. The Contractor will provide all liability coverage as required by regulatory agencies as they may apply and maintain a status of liability coverage throughout the contract.

E. Delivery of Services:

• Contractor will make repairs to equipment during normal business hours, except as noted by the County under Emergency Response. For purposes of this RFP, "normal" business hours shall be defined as 8:00 AM to 5:00 PM, Monday through Friday; "after hours" shall be defined as 5:01 PM to 7:59 AM, Monday through Friday, weekends, and

County observed holidays.

• Contractor must be able to provide emergency services twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, including holidays, for the duration of the agreement.

• The County expects the Contractor to give “priority” service to any call for generator services/repairs before, during and after public emergency, hurricane flood, and any other natural disasters within the County.

• The County may request one or more contractor employees to stay at Seminole County facilities during a public emergency, hurricane flood, or any other natural disasters within the County. The Contractor will perform repairs or tests as needed and within the terms of this contract while on standby at a county facility during and emergency at no additional cost for labor.

F. Warranty Work:

• The Contractor will guarantee repairs against any and all defects in workmanship, parts or materials for one (1) year on labor and the repair parts shall have the standard manufacturer's warranty. All warranties shall be enforced and honored by the

Contractor. The Contractor shall guarantee that all repairs performed will return the generator to manufacturer's specifications. Failure to comply with this requirement shall result in immediate call for the repair at the expense of Contractor for prompt repair.

• Certain County generators are still under warranty. Contractor is fully expected to honor these warranties and shall be qualified by the manufacturer(s) of the equipment to perform warranty work on the equipment.

• Equipment covered by original equipment manufacturers (OEM) warranty will be repaired under warranty first. Repairs to equipment outside of OEM warranty will be repaired under the terms of this service agreement. All components deemed defective will be replaced with new OEM approved parts or equivalent.

G. Personnel:

• Contractor will supervise, inspect, and direct the Work competently and efficiently, applying skills and expertise necessary to perform the Work in accordance with the

County’s requirements.

• Contractor will provide competent, suitably qualified personnel to complete the Work as required by these documents.

• Contractor will take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all persons who may be affected by the work.

• Contractor shall be responsible for any hazardous environmental condition created with any materials brought to the County’s facilities by the Contractor, subcontractor, supplier, or anyone else for whom Contractor is responsible. If Contractor encounters or creates a hazardous environmental condition, Contractor shall comply with the condition in accordance with applicable Federal and State regulations.

H. Clean-Up:

• At the completion of all work the contractor shall remove all trash, rubbish, and debris caused by its operations, leaving the job site clean.

• All damaged/nonworking parts which are replaced by the Vendor must be kept for a minimum of seven (7) days for the purposes of inspection by the County. If disposal prior to the seven (7) days period is desired, the Contractor must contact the County and request in writing permission for early disposal.

2.2. Pricing:

• Proposer must submit costs inclusive of all direct and indirect components, services, insurance, coordination, and incidentals necessary for the performance of the services.

• Hourly rates shall include all travel time and mileage. The County will not pay for separate travel time, fuel surcharge or mileage.

• Contractor may charge shop fees or environmental fees but shall not charge both.

• No tax will be added to Seminole County invoices.

• Contractor shall also submit either a discount percentage off list price or mark up from vendor cost for parts to be used in performing repair services under the contract.

• Upon request, the Contractor must furnish price lists at no additional charge to the

County. This price list shall provide descriptive literature, technical data and service information for services rendered. Time of delivery and formatting for these lists shall be mutually agreed upon by the Contractor and the County.

3. INSTRUCTIONS TO PROPOSERS

3.1. Contact

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

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

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

3.2. Pre-Proposal Conference

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

3.3. Public Opening

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

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

Public Opening via ZOOM https://us06web.zoom.us/j/84499184101?pwd=UVhDbk9IS3lnZkZUMW9WV01vWlp3UT09 /

Meeting ID: 844 9918 4101 / Passcode: 760550

3.4. Delays

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

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

3.5. Proposal Submission and Withdrawal

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

2:00 pm on Wednesday, September 13, 2023. Proposals received after the scheduled due date and time for submission shall not be considered. Proposals submitted in any other format other than via the COUNTY’S e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed. Companies shall register on the COUNTY’S e-Procurement Portal. Once registered, Companies may view and click "Follow" to be a prospective Proposer for this solicitation and will appear on the Follower’s list. Proposers that fail to Follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the COUNTY’S e-Procurement Portal, and therefore will be unable to participate or be considered for this RFP. If a Proposer encounters technical difficulties using the COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Proposers may access the Help Center for vendor training guides provided by OpenGov-

Procurement, the Software Administrator. Proposers may also contact the Software http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

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

The COUNTY will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Proposers shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Proposer is using to submit a response. Failure of the Proposer to successfully submit an electronic proposal before the deadline indicated herein shall be at the Proposer's sole risk, and no relief will be given for late and/or improperly submitted proposals. Once file(s) have been uploaded and the

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

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

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

7116, before the 2:00 pm deadline.

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

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

3.6. Inquiries

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

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

Failure to do so, on the part of the Proposer, shall constitute an acceptance by the Proposer of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the RFP documents including the attached Draft Agreement, shall be requested in writing, and received no later than 10:00 am on Friday, September 1, 2023. Written requests shall be submitted via the COUNTY’S e-Procurement Portal The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this RFP. If the Q&A deadline has passed, a Proposer may contact the COUNTY directly if necessary at pcdadmin@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Addenda

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

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

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

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

3.8. Selection Process and Award

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

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

3.9. Proposal Preparation Costs

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

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

3.10. Accuracy of Proposal Information

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

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

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

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

3.11. Insurance

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

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

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

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

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

3.12. Licenses

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

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

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

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

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

3.14. Public Records

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

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

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

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

3.15. Prohibition Against Contingent Fees

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

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

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

3.16. Rejection/Disqualification

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

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

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

3.17. Purchasing Code

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

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

3.18. Affirmation

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

3.19. Governmental Restrictions

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

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

3.20. Advertising

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

3.21. Patents and Royalties

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

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

3.22. Drug-Free Workplace Compliance

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

3.23. Public Entity Crime

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

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

3.24. Proprietary/Restrictive Specifications

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

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

3.25. Payment Terms/Discounts

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

3.26. Additional Terms and Conditions

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

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

Form attests to this.

3.27. Price Redeterminations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Statistics.

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

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

PPI in the month the solicitation closed was 158.73 264.52

Current PPI is 264.52 -158.73

=105.79

105.79 divided by 158.73 = .666%

The unit cost of the service is $100.00

14% of $100.00 = $14.00

$14.00 x .666 = $9.32

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

3.28. Expiration Upon Failure to Agree to Price Redetermination

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

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

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

Contractor.

3.29. Quantities

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

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

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

3.30. Purchasing Agreements with Other Government Agencies

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

4. ADDITIONAL TERMS & CONDITIONS - MAINTENANCE

SVCS.

4.1. DEFINITIONS/INTERPRETATIONS

Definitions.

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

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

Acceptance; Final Acceptance - The formal action by COUNTY accepting the Work as being complete after certification by County’s Representative of Final Completion.

Agreement - The written Agreement between COUNTY and CONTRACTOR covering the Work to be performed; other Contract Documents are incorporated in or referenced in the Agreement and made a part thereof as provided therein.

Building Elements - An architectural, structural, electrical, mechanical or plumbing component of a building, facility, space, or site.

Change Order - A written instrument issued on or after the Effective Date of the Agreement, of which when duly executed by COUNTY and CONTRACTOR amends the Contract Documents to provide for changes in the Work or in the provisions of the Contract Documents, or changes in Contract Price or Contract Time, or any combination thereof.

Contract Claim - Any dispute arising out of or related to the Contract Documents between the

COUNTY and CONTRACTOR including, but not limited to, any demand or assertion by one of the parties seeking any equitable adjustment of the Contract Price, Contract Time or other relief with respect to the Contract Documents.

Contract Documents - The Agreement and those documents referenced in the Agreement.

Contract Price - The total compensation, subject to authorized adjustments, payable by

COUNTY to CONTRACTOR for satisfactory completion of all Work under the Contract

Documents as stated in the Agreement.

Contract Time - The period of time allotted in the Contract Documents, subject to authorized adjustments, for Substantial Completion and Final Completion of the Work, or other interim completion dates identified in the Contract Documents.

CONTRACTOR - The individual, partnership, corporation, joint venture, or other legal entity or combination thereof, who is currently and actively licensed by the State of Florida and who has entered into the Agreement with COUNTY for the performance of the Work. The term

"CONTRACTOR" means CONTRACTOR or its authorized representative.

COUNTY - Seminole County, a political subdivision of the State of Florida; the Owner.

Date of Commencement of the Contract Time - The Begin Date given by the Purchase Order when the Contract Time commences to run.

Day - A calendar day of 24 hours lasting from midnight one day to midnight the next day.

Defect or Defective - A reference to Work that is unsatisfactory, faulty or deficient, or does not conform to the contract plans or specifications or does not meet the requirements of any inspection, code, reference standard, test or approval referred to in the Contract Documents or has been damaged prior to Final Acceptance (unless responsibility for the protection thereof has been assumed by COUNTY).

Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the last of the two parties to sign.

Equipment - The Machinery and Equipment, together with the necessary supplies for upkeep and maintenance thereof; also, the tools and all other apparatus necessary, for the construction and acceptable completion of the Work.

Holidays - Days designated by Seminole County as legal holidays. These days are:

New Year's Day - January 1st

Martin Luther King's Birthday - Third Monday in January

Memorial Day - Last Monday in May

Independence Day - July 4th

Labor Day - First Monday in September

Veteran's Day - As Designated

Thanksgiving Day - Fourth Thursday in November

Day after Thanksgiving Day - Fourth Friday in November

Christmas Day December 25th

Laws and Regulations; Laws or Regulations - Laws, Rules, Codes, Regulations, Ordinances, and/or court or administrative orders of the federal, state and local governments.

Materials - Any substances to be incorporated in the Work under the Contract Documents.

Permits- An authoritative or official certificate of permission.

Progress Schedule - All documentation related to the planning, scheduling and implementation of the Work as described in the Contract Documents.

Project - The total construction of which the Work to be provided under the Contract

Documents is a part as indicated elsewhere in the Contract Documents.

Project Manager - The authorized representative of the County who is assigned to the Project.

The County’s representative acting directly or through duly authorized representatives.

Subcontractor - An individual, partnership, corporation, joint venture, or other combination thereof having a Sub-agreement with CONTRACTOR for (a) the performance of labor in connection with part of the Work at the site; or (b) for both performing labor in connection with part of the Work at the site and furnishing items of Materials or Equipment for incorporation into the Work. Subcontractor also means an individual, partnership, corporation, joint venture, or other combination thereof that has a Sub-agreement with another Subcontractor to perform any of the Work at the site.

Supplier - A manufacturer, fabricator, Supplier, distributor, material-man or vendor.

Total Bid - Amount stated in the Bid Form by the Bidder as the Bidder's offer to furnish all labor, Materials and Equipment to perform all Work in strict accordance with the Contract Documents.

If an Agreement is awarded to a Bidder, the Total Bid amount shall be the Contract Price.

Warranty Period - The period of time within which CONTRACTOR shall promptly, without cost to COUNTY and in accordance with COUNTY's written instructions, either correct Defective

Work or, if it has been rejected by COUNTY, remove it from the site and replace it with non-

Defective Work. The Warranty Period does not limit the CONTRACTOR's warranty that the

Work has been completed in accordance with the Contract Documents.

Work - All labor, permits, bonds, equipment, Materials and incidentals required for the construction of the improvement by the Contract Documents, including superintendence, use of

Equipment and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the

Contract Documents. Unless otherwise specified herein or in the Contract Documents, all costs of liability and of performing the Work shall be at the CONTRACTOR's expense.

4.2. PRELIMINARY MATTERS

Copies of Documents. COUNTY shall furnish to CONTRACTOR one copy of the Contract

Documents free of charge. CONTRACTOR will be responsible for obtaining additional copies.

Commencement of the Contract Time; Purchase Order. The Contract Time will begin on the date indicated in the Purchase Order.

The CONTRACTOR shall start to perform the Work on the date indicated on the Purchase

Order. Prior to the issuance of a Purchase Order , a preconstruction conference shall be attended by the CONTRACTOR and his subcontractors, PROJECT MANAGER and COUNTY and other entities as applicable to the Work at which time a date will be established for the issuance of the Purchase Order.

Before Starting Work. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent information and all applicable field measurements. CONTRACTOR shall promptly report in writing to

PROJECT MANAGER any conflict, error or discrepancy which CONTRACTOR or any of his

Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from PROJECT MANAGER before proceeding with any Work affected thereby; provided, however, CONTRACTOR shall not be liable to COUNTY or PROJECT MANAGER for failure to report any conflict, error or discrepancy unless CONTRACTOR or any of his Subcontractors or suppliers had actual knowledge thereof or should reasonably have known thereof.

Before commencement of the Work, CONTRACTOR shall submit to the PROJECT MANAGER for review a preliminary Progress Schedule indicating the starting and finishing dates of each

Work activity, and a proposed schedule.

Preconstruction Conference. Prior to commencement of Work at…