Seminole_County_Sweetwater_Club_Lift_Station_at_Duncan_Trail.pdf

REQUEST FOR QUOTATION

RFQ #604494-22/MPG

SEMINOLE COUNTY SWEETWATER CLUB / LIFT

STATION AT DUNCAN TRAIL

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: December 16, 2022

DEADLINE FOR QUESTIONS: December 21, 2022

RESPONSE DEADLINE: December 23, 2022, 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

Seminole County Sweetwater Club / Lift Station at Duncan Trail

TABLE OF CONTENTS

I. Introduction II. Scope of Services

III. Instructions to Applicants IV. Instructions for the preparation of RFQ V. Additional Terms & Conditions - Maintenance Svcs VI. Price Submittal

Attachments:

B - Legal Advertisement

Title: Seminole County Sweetwater Club / Lift Station at Duncan Trail

1. INTRODUCTION

1.1. Summary

Parts and labor to reestablish grid power for the County’s stormwater lift station at Duncan Trail.

1.2. Contact Information

Maria Green Procurement Analyst I Email: mgreen02@seminolecountyfl.gov Phone: (407) 665-7116

Department:

Public Works - Roads & Stormwater

1.3. Timeline

RFQ Advertisement Date December 16, 2022

Question Submission Deadline December 21, 2022, 12:00pm

Question Response Deadline December 22, 2022, 2:00pm mailto:mgreen02@seminolecountyfl.gov tel:(407)665-7116

Quote Submission Deadline December 23, 2022, 2:00pm Join Zoom Meeting https://us06web.zoom.us/j/87806768344?pwd=

TFdxQ2VwYk5kKzZha2lLZmtPRFdoQT09

Meeting ID: 878 0676 8344 Passcode: 580441 One tap mobile

+13052241968,,87806768344# US

+13092053325,,87806768344# US

Dial by your location

+1 305 224 1968 US

+1 309 205 3325 US

+1 312 626 6799 US (Chicago)

+1 646 931 3860 US

+1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston)

+1 360 209 5623 US

+1 386 347 5053 US

+1 507 473 4847 US

+1 564 217 2000 US

+1 669 444 9171 US

+1 669 900 6833 US (San Jose)

+1 689 278 1000 US

+1 719 359 4580 US

+1 253 205 0468 US

+1 253 215 8782 US (Tacoma) Meeting ID: 878 0676 8344 Find your local number:

https://us06web.zoom.us/u/kbMWjG1Je https://us06web.zoom.us/j/87806768344?pwd=TFdxQ2VwYk5kKzZha2lLZmtPRFdoQT09 https://us06web.zoom.us/j/87806768344?pwd=TFdxQ2VwYk5kKzZha2lLZmtPRFdoQT09 https://us06web.zoom.us/u/kbMWjG1Je

2. SCOPE OF SERVICES

2.1. PROJECT DESCRIPTION

Furnish 480v/ 3ph/ 150amp duplex control panel with 4 new roto floats & start up service

Installation of control panel on existing rack / removal of existing control panel / Disconnect old

ATS wiring / Furnish & Install new 2" conduit and wiring from breaker to control panel / Furnish and install seal offs under control panel

3. INSTRUCTIONS TO APPLICANTS

3.1. Contact

All prospective Applicants 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, Maria Green, regarding this RFQ or their written quote 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 quote. Interpretation of this clause will be solely at the discretion of the COUNTY.

3.2. Pre-Bid Conference

There will not be a Pre-Bid Conference for this RFQ.

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 is via ZOOM as shown in the Introduction Section.

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. RFQ Submission and Withdrawal

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

2:00 pm on Friday, December 23, 2022. Quotes received after the scheduled due date and time for submission shall not be considered. Quotes 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 Applicant for this solicitation and will appear on the Follower’s list.

Applicants 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 RFQ. If a Applicant encounters technical difficulties using the COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Applicants may access the Help Center for vendor training guides provided by OpenGov-

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

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

http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

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. Applicants 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 Applicant is using to submit a response. Failure of the Applicant to successfully submit an electronic quote before the deadline indicated herein shall be at the Applicant's sole risk, and no relief will be given for late and/or improperly submitted quotes. Once file(s) have been uploaded and the Submission

Status shows as “Submitted” the submission is complete. At that point, the Applicant 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 Applicant is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written submittal.

Applicants 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 Applicants should carefully examine the RFQ 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 Applicant, shall constitute an acceptance by the Applicant of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the RFQ documents including the attached Draft Agreement, shall be requested in writing, and received no later than 12:00 pm on Wednesday, December 21, 2022.

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 RFQ. If the Q&A deadline has passed, a Applicant may contact the COUNTY directly if necessary at mgreen02@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Addendum

Should revisions to the RFQ 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 RFQ’s Followers list. All

Applicants should check the COUNTY's Website or notify Maria Green to verify information regarding Addenda. Failure to do so may result in rejection of the Applicant’s submitted quote and a determination as “Non-Responsive”. By execution of the Formal Notice for this RFQ, the

Applicant 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 Applicant to ensure that they obtain information related to any Addenda.

3.8. Selection Process and Award

All submittals will be reviewed by personnel as designated by the County staff in accordance with the qualification/evaluation criteria set forth in the RFQ documents. The County reserves the right to conduct interviews and/or require presentations of any or all Applicants prior to selection. The County will not be liable for any costs incurred by the Applicant in connection with such presentations. The County anticipates award to the Applicant that submits a proposal judged by the County to be the most advantageous. The Applicant understands that this RFQ does not constitute an agreement or a contract with the Applicant. The County reserves the right to reject all submittals, make a partial award, to re-solicit and advertise for new submittals, or to cancel the project in its entirety.

3.9. Submittal Preparation Costs

Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFQ. Applicants should prepare their quotes simply and economically, providing a straightforward and concise description of the Applicant's ability to meet the requirements of this RFQ.

3.10. Accuracy of Submittal Information

By submission of a quote, Applicant acknowledges that they have carefully examined the

Request for quote documents and agrees to furnish the services specified in the solicitation at the prices, rates or discounts as quoted. Applicants agree that their quote 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 quote, Applicant agrees to abide by all conditions of this quote and understands that a background investigation may be conducted by the Seminole County

Sheriff’s Department prior to award. Applicant certifies that all information contained in their quote is truthful to the best of their knowledge and belief. Applicant further certifies that they are duly authorized to submit this quote on behalf of the vendor/Applicant as its act and deed and that the vendor/Applicant 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

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

Applicant’s submittal.

A copy of the insurance certificate shall be furnished to the County prior to the County engaging the Applicant for services. The County reserves the right to reject the award to any Applicant that fails to provide the insurance as required within the RFQ documents.

3.12. Licenses

Applicants, 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 RFQ. Failure of the Applicant to be fully licensed and certified, may result in rejection of the Applicant’s submitted quote and a determination as “Non-Responsive”. Any permits, licenses, or fees required shall be the responsibility of the Applicant. 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 Applicant.

3.13. Posting of Recommendation and Intent to Award

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

Applicants 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 RFQ documents.

Ownership of all data, material, and documentation originated and prepared for the County pursuant to the RFQ 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 Applicant shall not be subject to public disclosure under the Public Records Law; however, the Applicant 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 Applicant to solicit or secure the Award

Agreement for this RFQ, 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 Applicant, 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. Acceptance/Rejection/Disqualification

The COUNTY reserves the right to reject the quote of any Applicant 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 Applicants 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) quote from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Applicant is involved in more than one quote submittal will be cause for rejection of all quotes in which such Applicants are believed to be involved. Any or all quotes will be rejected if there is reason to believe that collusion exists between Applicants. quotes in which the prices obviously are unbalanced will be subject to rejection.

3.17. Responsibility

The County reserves the right to require an Applicant to submit such evidence of qualifications as it may deem necessary prior to award and may consider any evidence available. Evidence may include, but not be limited to, financial, technical, and other qualifications and abilities of the

Applicant, past performance, and experience with the County. This information may be used to determine the Applicant’s responsibility.

3.18. Purchasing Code

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

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

3.19. Affirmation

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

3.20. Drug-Free Workplace Compliance

Applicant shall comply with Florida Statute 287.087 and failure to comply shall result in rejection/disqualification of the submittal and all agreements as a result of this solicitation.

3.21. Public Entity Crime

Any Person or affiliate, as defined in Section 287.133 of the 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 of 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 of 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.

3.22. Occupational Safety and Health Act (O.S.H.A.)

In instances where such is applicable due to the nature of the matter with which this quote package is concerned, all material, equipment, etc., as proposed and offered by Applicants must meet and conform to all O.S.H.A. requirements. The Applicant’s signature upon the Price

Submittal form being by this reference is considered a certification of such fact.

3.23. Payment Terms/Discounts

The County’s payment terms are in accordance with Section 218, Florida Statutes, Florida

Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes.

4. INSTRUCTIONS FOR THE PREPARATION OF RFQ

The Applicant is expected to completely analyze the information contained in this Request for

Quote (RFQ) as guidance for the preparation of their written submittal. The Applicant’s written submittal should be specific, detailed, and complete in order to clearly and fully demonstrate the

Applicant’s understanding of the requested work and/or delivery requirements.

The Applicant warrants its response to this Request for Quote to be fully disclosed and correct.

The firm must submit a quote complying with this Request for Quote, and the information, documents and material submitted in the quote must be complete and accurate in all material aspects. Applicants are advised to carefully follow the instructions listed below in order to be considered fully responsive. Applicant need only to return required signed documents and information pertinent to this specific project. Compliance with all requirements will be solely the responsibility of the Applicant. Failure to provide requested information may result in disqualification of the response. The submittal must be divided into the following sections:

4.1. Type of Business*

☐ Corporation

☐ Joint Venture

☐ Partnership

☐ Proprietorship

*Response required

4.2. Type in your Legal Entity Name Here.*

This name will be verified against the Secretary of State website.

*Response required

4.3. Federal Employer ID Number (FEIN)*

*Response required

4.4. Incorporated in the State of ________.*

Ex.) Florida

*Response required

4.5. List of Principals*

*Response required

4.6. Upload evidence of authority to do business in the State of Florida.*

Acceptable form of evidence includes Secretary of State download, or Certificate of Status.

*Response required

4.7. Summary of Litigation*

Provide a summary of any litigation, claim(s), or contract dispute(s) filed by or against the

Applicant in the past five (5) years which is related to the services that Applicant provides in the regular course of business. The summary shall state the nature of the litigation, claim or contract dispute, a brief description of the case, the outcome or projected outcome, and monetary amounts involved.

*Response required

4.8. License Sanctions*

Regulatory/license agency sanctions within the past 5 years.

(If Applicant prefers to upload a file, upload in next question and enter "see file upload" in this field)

*Response required

4.9. License Sanctions

Regulatory/license agency sanctions within the past 5 years.

4.10. Conflict of Interest Statement*

I certify that I am an authorized representative (the Affiant) of my company (the Entity submitting this response) to sign and submit this statement on my company's behalf.

My company is submitting an Expression of Interest for the Seminole County project described as Seminole County Sweetwater Club / Lift Station at Duncan Trail.

The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his/her own knowledge.

The Affiant states that only one submittal for the above project is being submitted and that the above-named entity has no financial interest in any other entities submitting proposals for the same project.

Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the

Agreement for this project.

Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency.

Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project.

The Affiant certifies that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of Seminole County.

The Affiant certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with Seminole County.

The Affiant certifies that no member of the entity’s ownership or management is currently serving as a member of any Seminole County advisory board(s) or committee(s), or alternatively, state the individual(s) name(s), who is a member of the above-named entity’s ownership or management, and is currently serving as a member, and on which Seminole

County advisory board(s) or committee(s) they are currently serving as a member, in the following question.

Under penalties of perjury, I declare that I have read the foregoing Conflict of Interest Form and that the facts stated in it are true to the best of my knowledge and belief.

☐ Please confirm

*Response required

4.11. Conflict of Interest Statement Cont...*

A. Enter the name(s) of the individual(s) who is serving on a Seminole County advisory board(s) or committee(s).

B. Enter the Seminole County advisory board(s) or committee(s) that the individual(s) is serving as a member.

• If this is not applicable, type "N/A."

*Response required

4.12. Compliance with the Public Records Law*

Seminole County shall comply with the Public Records Law as provided by Chapter 119, Florida

Statutes, and all applicable amendments. Applicants must invoke the exemptions to disclosure provided by law in the response to the solicitation and must identify the data or other materials to be protected separately, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a response authorizes release of your firm’s credit data to Seminole County.

If the company submits information exempt from public disclosure, the company must identify why the information is exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the County separately in the "Confidential Files" section if the information qualifies as “EXEMPT FROM

PUBLIC RECORDS LAW”. Failure to identify protected material separately will cause the

County to release this information in accordance with the Public records Law despite any markings on individual pages of your submittal/proposal.

A. CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement.

B. CONTRACTOR specifically acknowledges its obligations to comply with Section

119.0701, Florida Statutes, with regard to public records, and shall:

1. keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement;

2. provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;

3. ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and;

4. meet all requirements for retaining public records and transfer, at no cost to the

COUNTY, all public records in possession of CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to COUNTY in a format that is compatible with the information technology system of COUNTY.

C. Failure to comply with this Section shall be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to

CONTRACTOR.

By submitting a response to this solicitation, the company agrees to defend the County in the event it is forced to litigate the public records status of the company’s documents.

Under penalties of perjury, I declare that I have read the foregoing Compliance with Public

Records Law Form and that the facts stated in it are true to the best of my knowledge and belief.

☐ Please confirm

*Response required

4.13. Confidential File(s)

In compliance with Chapter 119, Florida Statutes, if Proposer must include confidential information that qualifies as “EXEMPT FROM PUBLIC RECORDS LAW" as part of their response to this RFP, it shall be uploaded here.

If the company submits information exempt from public disclosure, the company must identify why the information is exempt from the Public Records Act, identifying the specific exemption section that applies to each.

4.14. Worker’s Compensation Compliance Certification*

Chapter 440, Florida Statutes establishes a workers’ compensation system designed to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful employment at a reasonable cost to the employer. It is the policy of Seminole County to do business only with those entities which are fully compliant with

Chapter 440, including all reporting and premium payment requirements.

Under penalties of perjury, I declare that I have read the foregoing Worker's Compensation

Compliance Certification Form and that the facts stated in it are true to the best of my knowledge and belief.

To comply with this requirement, the undersigned hereby certifies that:

☐ Has fully complied with all requirements of Chapter 440, Florida Statutes, including provisions regarding reporting and premium payments; or

☐ Is exempt from the provisions of Chapter 440, Florida Statutes (reasons shall be stated in the following question).

*Response required

4.15. Worker’s Compensation Compliance Certification Cont...*

If the undersigned is exempt from the provisions of Chapter 440, Florida Statutes, state the reasons here. If this is not applicable, type "N/A."

*Response required

4.16. W-9 Form*

Please upload your current W9 form here

*Response required

4.17. Drug Free Work Place*

The undersigned vendor in accordance with Section 287.087, Florida Statutes, hereby certifies that their Company (entity submitting this response) does:

A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

C. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1).

D. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will propose by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Under penalties of perjury, I declare that I have read the foregoing Drug Free Work Place

Form and that the facts stated in it are true to the best of my knowledge and belief.

☐ Please confirm

*Response required

4.18. Americans Disabilities Act Affidavit*

The undersigned CONTRACTOR/CONSULTANT swears that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the COUNTY.

The CONTRACTOR/CONSULTANT will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR/CONSULTANT agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with

Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the

COUNTY be held liable for the actions or omissions of the CONTRACTOR/CONSULTANT or any other party or parties to the Agreement for failure to comply with the ADA. The

CONTRACTOR/CONSULTANT agrees to hold harmless and indemnify the COUNTY, its agents, officers, or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the

CONTRACTOR/CONSULTANT’s acts or omissions in connection with the ADA.

Under penalties of perjury, I declare that I have read the foregoing Americans Disabilities Act

Affidavit and that the facts stated in it are true to the best of my knowledge and belief.

☐ Please confirm

4.19. INSURANCE CONFIRMATION*

Please download the below documents, complete, and upload.

• INSURANCE_CONFIRMATION.docx

*Response required

4.20. Past Performance*

Applicant must submit a minimum of three (3) references of current clients; each reference must include client information, contact person, telephone number, current email address, and a brief summary of the contract information.

*Response required

4.21. Applicant Certification*

Pursuant to and in compliance with the RFQ Documents, the undersigned Applicant agrees to provide and furnish any and all of the labor, material, tools, equipment, incidentals and transportation services necessary to complete all of the Work required in connection with the

Submittal Documents for the amount hereinafter set forth.

The Applicant declares that the only persons or parties interested in this submittal as principals are those named herein; that this submittal is made without collusion with any person, firm or corporation; and he proposes and agrees, if the submittal is accepted, that he/she will execute an Agreement with the County in the form set forth in the Contract Documents; that he/she will furnish the Insurance Certificates.

Under penalties of perjury, I declare that I have read the foregoing Applicant Certification

Form and that the facts stated in it are true to the best of my knowledge and belief.

☐ Please confirm

*Response required

4.22. Has the warranty information been included in your response?*

*Response required

4.23. If warranty information has not been included, please upload information here.* https://government-project.s3.us-west-2.amazonaws.com/22818/c791caa4-5442-400f-88b5-f789b2062eb9_INSURANCE_CONFIRMATION.docx?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1671268444&Signature=md91OFJa0X01AaY1Pvj6ka%2FnSQE%3D&response-content-disposition=attachment%3B%20filename%3D%22INSURANCE_CONFIRMATION.docx%22

5. ADDITIONAL TERMS & CONDITIONS - MAINTENANCE

SVCS.

5.1. 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.

5.2. 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 the site, a conference will be held for review of the schedules, to establish procedures for a working understanding among the parties as to the Work.

Physical Conditions. The CONTRACTOR shall take the steps necessary to ascertain the nature and the location of the Work. The CONTRACTOR shall also determined for himself the existing physical conditions which can affect the work or its cost, including but not limited to, (1) conditions bearing upon mobilization, demolition, transportation, disposal, handling and storage of materials; (2) the availability of labor, water, electric power; (3) uncertainties of weather; (4) the conformation of surface and subsurface ground conditions; (5) the character and limitations of the equipment, machinery and existing physical conditions within the limits of construction or within the buildings that are utilized during the Work.

The CONTRACTOR shall employ only competent personnel and utilize only suitable equipment in performing the layout of the Work. Contractor shall not engage the services of any person or persons in the employ of the COUNTY for performance of the layout of the Work. Adequate field notes and records shall be kept on a daily basis as the layout work is accomplished. These field notes and records shall be available for review by the PROJECT MANAGER as the Work progresses and copies shall be furnished at the time of completion of the Project. Any inspection or checking of the CONTRACTOR's field notes or layout work by the PROJECT

MANAGER and the acceptance of all or any part thereof shall not relieve the CONTRACTOR of his responsibility to achieve the lines, grades and dimensions shown in the Plans/Specifications.

5.3. CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract

Documents. CONTRACTOR shall be solely responsible for all means and methods, techniques, schedules, sequences and procedures of construction and for providing the required safety precautions, for coordinating all portions of the Work with all regulatory, jurisdictional and governmental authorities, for further coordination as required with commercial businesses, private residents and employees of the Owner and for enforcement of order and cooperation among the CONTRACTOR's employees and all of the Subcontractors and Suppliers. The

CONTRACTOR shall be responsible to see that the competed Work complies accurately with the Contract Documents and its intent.

Personnel and Working Hours. CONTRACTOR shall at all times maintain good discipline and order at the site.

CONTRACTOR shall provide competent, qualified personnel to perform construction as required by the Contract Documents. CONTRACTOR is fully responsible to provide a sufficient number of skilled workers and supervisory personnel to perform the Work and assure that the

Work is completed according to the established Construction Schedule and within the Contract

Time. Failure to fully man the Project with supervisory personnel, skilled workers or common laborers of which actions shall lead to a delay in the Work Schedule shall be cause for a claim for damages against CONTRACTOR or termination of CONTRACTOR by the Owner.

Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, all Work at the site shall be performed during normal working hours, unless otherwise specified. Normal working hours shall be defined as period occurring between the hours beginning at 7:00 a.m. and ending at 5:00 p.m., exclusive of Saturdays, Sundays, or

Holidays.

Items of Material or Equipment. All Materials and Equipment shall be of good quality and new.

All Materials and Equipment shall be handled, stored, applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier.

Manufacturers' or Suppliers' warranties for all Materials, products and Equipment to be furnished by CONTRACTOR and to be incorporated into the completed Work shall be furnished to COUNTY through CONTRACTOR.

Project is to be constructed with asbestos free materials.

Concerning Subcontractors - The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that they are employed by him. Nothing contained in the Contract Documents shall create, nor be interpreted to create, privity or any other contractual relationship whatsoever between the County and any

Subcontractor or any person except the Contractor, or any obligation on the part of the County to payor to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The County may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the

Contract Documents for the benefit of the County. All Work performed for the Contractor by

Subcontractors shall be pursuant to an appropriate agreement between the Contractor and the

Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance held by the County as trustee.

Patent Fees And Royalties - The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others.

Permits. Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits, fees, and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of public and private utility service companies for all required utility services that complete and accomplish the

Work according to the Contract Documents. The CONTRACTOR shall meet all require¬ments of all permits and licenses and shall be responsible for all fines, assessments, and…