Service_Line_Material_Inventory.pdf

INVITATION FOR BIDS

Y25-604

SERVICE LINE MATERIAL INVENTORY

Orange County, Florida

400 E South Street

Orlando, FL 32801

RELEASE DATE: March 18, 2025

DEADLINE FOR QUESTIONS: March 25, 2025, 5:00 pm

RESPONSE DEADLINE: April 22, 2025, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Orange County, Florida

INVITATION FOR BIDS

Service Line Material Inventory

I. Introduction & Submittal Instructions II. Solicitation Terms & Conditions

III. Scope of Services / Specifications IV. Business Development V. Insurance Requirements

VI. Contract Terms and Conditions VII. Special Terms and Conditions

VIII. Bid Response Form (Submittal) IX. Fee Schedule X. Required Contract

Attachments:

A - Appendix A - SLMI Tabular Example

B - Appendix B - Photo Examples

C - Appendix C - Door Hanger

Invitation for Bids #Y25-604 Title: Service Line Material Inventory

1. Introduction & Submittal Instructions

1.1. Summary

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed offers for Service Line Material Inventory (Y25-604)

Sealed offers for furnishing the above will be accepted up to 4:00 pm EST on Tuesday, April 22, 2025.

NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement

Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated

OpenGov e-Procurement Platform shall be rejected.

Important Instructions for Electronic Submittal

The County is ONLY accepting electronic submissions using the OpenGov e-Procurement Platform.

Respondents shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/login . Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic offer.

It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The County shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

OpenGov Technical SupportFor Technical Support, respondent's can reach the OpenGov Service Desk:

Chat (preferred): Click the button in the lower right hand corner of the portal

Email: procurement-support@opengov.com

Phone: 1 (650) 336-7167 Hours: Mon-Fri 7am - 10pm EST

Timely Questions Regarding this Solicitation

The question and answer module of OpenGov IS being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: Tuesday, March 25, 2025 at 5:00 pm EST. Respondents are instructed not to contact the initiating division directly.

Consideration for modification or alteration of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. No oral interpretation of the meaning of the plans, specifications, or other Contract documents shall be considered binding. The https://procurement.opengov.com/login

County shall be bound by information and statements only when such statements are written and executed under the authority of the Manager, Procurement Division.

Answers for timely questions will be addressed in the OpenGov question and answer module or as an addenda to this solicitation depending on volume, participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.

This provision exists solely for the convenience and administrative efficiency of Orange County. No respondent or other third party gains any rights by virtue of this provision or the application thereof, nor shall any respondent or third party have any standing to sue or cause of action arising there from.

Untimely questions are unable to be submitted in the question and answer module, thereafter respondents raising critical concerns must email tiffany.fulse@ocfl.net. Critical clarifications may be made via addenda, however, untimely questions may not be considered.

1.2. Background

Orange County exercises the rights and privileges conveyed to it by the State of Florida, and the Orange

County Charter. It presently operates with an elected chief executive officer, Orange County Mayor, and six elected district commissioners, who together comprise the Board of County Commissioners.

Procurement is an essential function of the County, affecting all operational departments, ongoing projects and future initiatives. The Procurement Division is divided into three (3) Sections, the “Buying

Section”, the “Purchasing Section” and the “Contracts Section”.

The Orange County Procurement Division operates under the leadership of Carrie Mathes, MPA, NIGP-

CPP, CFCM, CPPO, CPPB as Procurement Division Manager and Chief Procurement Official in accordance with the Orange County Ordinance.

1.3. Contact Information

Orange County Procurement Point of Contact

Tiffany Fulse

Contracting Agent

Email: tiffany.fulse@ocfl.net

Phone: (689) 258-5401

Department:

Administrative Svcs., Procurement Division

1.4. Timeline

Release Project Date March 18, 2025 mailto:tiffany.fulse@ocfl.net tel:(689)258-5401

Question Submission Deadline March 25, 2025, 5:00pm

Submission Deadline April 22, 2025, 4:00pm

2. Solicitation Terms & Conditions

2.1. Contract Term

The Contract resulting from this solicitation shall commence effective upon execution by both parties and shall specify a performance period of one (1) year. Changes shall be reduced to writing as an amendment to this contract and such amendment shall be executed by both parties.

2.2. Contract Award

Award shall be made on an all-or-none total (or estimated total) basis to the lowest responsive and responsible Respondent.

Failure to provide pricing for ALL line items shall render the response non-responsive.

2.3. License, Certification and Authorization

Respondent shall provide copies of all applicable licenses, certifications and authorizations required to lawfully perform the proposed work.

2.4. Bid Acceptance Period

A bid shall constitute an irrevocable offer for a period of one hundred twenty (120) days from the public opening date or until the date of award. In the event that an award is not made by the County within one hundred twenty (120) days from the public opening date, the respondent may withdraw their offer or provide a written extension without modification.

2.5. Trench Safety Act

Pursuant to Chapter 90-96 (CS/SB 2626), Laws of Florida, "Trench Safety Act", any person submitting a

Bid is required to comply with FLORIDA TRENCH SAFETY ACT (90-96, LAWS OF FLORIDA), if applicable.

This is not a pay item. The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Respondent has considered these costs and included them in the Base Bid. If this form is applicable, failure to complete this form may result in the Bid being declared non-responsive.

The Compliance with Florida Trench Safety Act Form can be found at on the County's Forms and

Resources website (https://www.ocfl.net/vfr).

2.6. Proprietary/Restrictive Specifications

If a prospective respondent considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the Procurement

Division prior to the question submission deadline. Specifications which are unrelated to performance will be considered for deletion via addendum to this solicitation.

https://www.ocfl.net/Portals/0/Library/Vendor%20Services/docs/Trench%20Safety%20Act%20Form.docx https://www.ocfl.net/vfr

2.7. Development or Assistance with Specifications /Requirements /Statements of Work

Firms or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or documents contained within this Solicitation are excluded from competing for this Solicitation.

This shall not be applicable to firms or individuals providing responses to a publicly posted Request for

Information (RFI) associated with this Solicitation.

2.8. Laws and Regulations

The Respondent's attention is directed to the fact that all applicable Federal and State laws, municipal and county ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the Contract throughout, and they will be deemed to be included in the

Contract the same as though herein written.

Respondents are hereby provided notice of the provisions of Section 287.05701, Florida Statutes

2.9. Minority and Women Owned Enterprise Requirements

See #Business Development section of this solicitation for additional Solicitation Terms and Contract

Terms.

2.10. No Reciprocal Preference

The County's option to award a reciprocal preference, provided in the Orange County Code of

Ordinances, Sec. 17-310, Competitive sealed bid process, is waived and shall not be applicable to this solicitation award.

2.11. Price/Delivery

Price(s) offered must be the price(s) for new goods, unless otherwise specified. Any offers containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

“Acceptance” as herein used means the acceptance by Orange County after the Manager, Procurement

Division or authorized agent has, by inspection or test of such items, determined that they fully comply with specifications.

Deliveries resulting from this offer are to be performed during the normal working hours of the

County. Time is of the essence and the Contractor’s delivery date must be specified and adhered to.

Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the Contractor shall be required to compensate the County for the difference in price paid for the alternate goods. The Contractor shall be responsible for making any and all claims against carriers for missing or damage goods. Partial shipments will be acceptable unless otherwise stated.

https://procurement.opengov.com/portal/orangecountyfl/projects/147899/document?section=1338511

2.12. Federal and State Tax

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property

(Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida

Sales/Use Tax Exemption Certificate).

Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

2.13. Acceptance/Rejection/Cancellation

The County reserves the right to accept or to reject any or all offers and to make the award to that respondent who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the offer of any respondent who has previously failed in the proper performance of an award, to deliver on time contracts of a similar nature, or who, in the County’s opinion, is not in a position to perform properly under this award.

The County reserves the right to inspect all facilities of respondents in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re-solicitation. Award will be made to the lowest responsive and responsible respondent as determined by the County.

The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

2.14. Certification of Independent Price Determination

By submission of this offer, the Respondent certifies, and in the case of a joint offer each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this offer have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any competitor.

B. Unless otherwise required by law, the prices which have been offered in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other respondent or to any competitor; and, C. No attempt has been made or shall be made by the Respondent to induce any other person or respondent to submit or not to submit an offer for the purpose of restricting competition.

2.15. No Bid

Where more than one item is listed, any items not bid upon shall be indicated as “NO BID”.

Respondents are cautioned that indicating "NO BID" on solicitations requiring all-or-none offers may result in the offer being deemed non-responsive.

2.16. Bid Tabulation and Recommended Award

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Meeting number: 286 177 361 Password: Go2Meeting

Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361

Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361

Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361

The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801.

Solicitation files may be examined during normal working hours, thirty (30) days after public opening, or upon recommendation for award, whichever occurs first. Individuals desiring to view these documents are urged to schedule an appointment. For information concerning this solicitation, please contact the

Procurement Division at procurement@ocfl.net or by calling (407) 836-5635. Please specify the solicitation number for which you are inquiring. Solicitation public opening results will be available at http://apps.ocfl.net/orangebids/bidresults/results.asp. Unsuccessful Respondents will not be notified, unless a request is submitted in accordance with this paragraph.

2.17. References

Respondent shall supply (with the bid form) a list of at least three (3) client references successfully completed by the Respondent, within the last five (5) years, immediately preceding the due date of bid submittal in response to this Invitation for Bids. Failure to provide this information may be cause for rejection of the bid.

Each client reference should be listed with complete information as specifically provided on County’s provided reference form. The specific information on references must be provided on the reference form. Do not attach listings of reference information.

All Respondents should submit the requisite number of references. Each such reference must be verified by the county in order to be deemed responsible under this “references” section. Failure to provide reference information as requested may result in the rejection of your bid.

RESPONDENTS ARE ADVISED TO CONFIRM THAT:

a. Each reference provided by the Respondent has up to date contact persons and contact information;

b. The contact person provided for each reference is someone who has personal knowledge of the

Respondent’s performance during the referenced project; and

c. The contact person for each reference has been contacted by the Respondent regarding this specific bid submittal and such person confirmed their willingness to serve as a reference.

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b http://apps.ocfl.net/orangebids/bidresults/results.asp

THE COUNTY WILL CONTACT THE REFERENCES PROVIDED AND WILL REJECT ANY AND ALL REFERENCES

THAT IT IS UNABLE TO INDEPENDENTLY VERIFY.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the County reserves the right to follow up with – at minimum – the three (3) lowest Respondents for supplemental submission of references/similar projects. Any such opportunity to supplement or correct granted to a

Respondent by the County under this provision shall expire at 11:59pm county local time on the second full county business day after the day on which such Respondent received the County’s request for supplementation. There will be no additional time or consideration granted by the County thereafter.

Respondents found responsible under this “REFERENCES” section may still ultimately be deemed to be not responsible by the County due to other considerations including, but not limited to, other information provided in the Respondent’s bid submittal, as well as any history the Respondent may have of negative performance on previous County project(s). ULTIMATELY, THE DETERMINATION OF

WHETHER A RESPONDENT IS DEEMED RESPONSIBLE SHALL BE AT THE SOLE DISCRETION OF THE

COUNTY.

2.18. Posting of Recommended Award and Protests

The recommended award will be posted for review by interested parties at the Procurement Division and at:

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the

Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The County may void any contract where the County Mayor, one or more County Commissioners, or a

County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No.

2002-15.

Orange County Protest Procedures:

http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth full business day after posting, shall constitute a waiver of bid protest proceedings.

2.19. Offer and Related Costs

By submission of an offer, the Respondent agrees that any and all costs associated with the preparation of the offer will be the sole responsibility of the Respondent. The Respondent also agrees that the

County shall bear no responsibility for any costs associated with the preparation of the offer including, but not limited to, any administrative or judicial proceedings resulting from the solicitation process.

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

2.20. Contractual Agreement

This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

2.21. Public Entity Crime

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted

_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO, for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List.

2.22. Florida Convicted/Suspended/Discriminatory Complaints

By submission of an offer, the Respondent affirms that it is not currently listed in the Florida

Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

2.23. Conflict of Interest

The award is subject to provisions of applicable State Statutes and County Ordinances. All Respondents must disclose with their bid the name of any officer, director, or agent who is also an employee of

Orange County. Further, all Respondents must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Respondent's firm or any of its branches. Should the Respondent permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

2.24. Ethics Compliance

The following forms are included in this solicitation within the Contract Compliance Packet and shall be completed and submitted as indicated below:

• Relationship Disclosure Form – The purpose of this form is to document any relationships between a Respondents to an Orange County solicitation and the Mayor or any other member of Orange County, Florida. This form shall be completed and submitted with the applicable bid to an Orange County solicitation.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

No contract award shall be made unless compliance forms have been completed and submitted. Any questions concerning these forms shall be addressed to the contact identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is provided within each form for your information.

2.25. Payment Terms/ Discounts

The County’s payment terms are in accordance with Florida Statute 218, Local Government Prompt

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

2.26. Clarifications

It is the Respondent's responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Invitation for Bids. Lack of understanding and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Respondent's must contact the Procurement Division using the contact information herein prior to the bid question/answer deadline, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the Respondent and the County.

2.27. Pricing Errors

If an error is committed in the sub-total extension of an item or the overall total, the unit price as shown in the Respondent's submittal will govern.

Errors between any amount computed erroneously, and the correct amount thereof will be resolved in favor of the correct amount based on the unit price.

Any discrepancy between words and numbers will be resolved in favor of the written words.

2.28. Execution Of Written Contract

The successful Respondent will be required to sign a written Contract which has been made a part of this Bid Package and identified as the #Required Contract. Said written Contract will evidence in written form the agreement between the parties pursuant to the award having been theretofore made by the

County to this Respondent; said signing to be accomplished within ten (10) days after receipt of Notice of Award.

2.29. Trade Secret Information

Orange County is subject to the State of Florida’s broad public records laws. Therefore, all documents, materials, records, data, or any other information submitted as part of a solicitation response are considered public records governed by the disclosure, exemption, and confidentiality provisions relating to public records in Florida law, including those found in Chapter 119, Florida Statutes.

Section 815.045, Florida Statutes, makes trade secret information, as defined in Section 812.081, Florida

Statutes, confidential and exempt from disclosure under Florida public records law. However, please note the following:

https://procurement.opengov.com/portal/orangecountyfl/projects/147899/document?section=1338514

A. A Respondent’s desire for privacy of particular information submitted to the County does not make such information trade secret information. Respondents cannot render public records exempt from disclosure as containing trade secret information merely by designating information it furnishes to the County as confidential. Only information that specifically meets the exemption in Section 815.045, Florida Statutes, should be designated as trade secret information by Respondents.

B. Any Respondent who fails to designate information contained in its solicitation response as trade secret information at the time of solicitation response submittal has not taken the required measures or made reasonable efforts to maintain such information’s secrecy and has therefore waived any right to assert trade secret protections for such information. The County will therefore not consider any Respondent’s request to designate information in a solicitation response as trade secret information that is made after the time of solicitation submittal.

The County is not soliciting, nor does it desire, the submission of any Respondent’s trade secret information as part of this solicitation response. Notwithstanding the foregoing, to the extent that a

Respondent finds it necessary to designate certain information in its solicitation response as being trade secret information, the Respondent shall attach the following items to its solicitation response:

A. Trade Secret Information Itemization Log. The Respondent shall create and attach to its solicitation response a “Trade Secret Information Itemization Log” that:

1. Clearly itemizes any and all information that the Respondent designates as confidential trade secret information.

2. Completes such itemization in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information.

3. Per item, provides the impacted submittal section/item number, a written explanation that comprehensively supports the Respondent’s classification of such information as trade secret information under state or federal law, and the legal citation under which such information is exempt and confidential from disclosure.

B. Redacted Impacted Submittals. For each submittal that contains information designated by the

Respondent as trade secret information, the Respondent shall attach a redacted copy of such impacted submittal. Such redactions must include notations containing cross-references to the itemized trade secret information as submitted in the Trade Secret Information Itemization Log.

Redactions must be made in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information. Each redacted submittal copy must have a cover page and page header that is clearly marked as “REDACTED COPY”.

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx

Respondents are advised that:

A. They must only redact the specific information that they, using good faith, believe to be confidential and exempt under applicable state or federal law and should not submit documents that have been broadly marked “CONFIDENTIAL”. Exemptions to Florida’s broad public records law are narrowly construed and therefore, the County is unable to accept broad designations of confidentiality or exemption from disclosure. Consequently, any such broad classification of trade secret information made by a Respondent may lead to its solicitation response being deemed non-responsive.

B. As a responsible steward of taxpayer funding and in the interest of transparency and accountability to the general public, the designation of the following information as trade secret information is not acceptable to the County and will therefore lead to a Respondent’s solicitation response being deemed non-responsive:

1. Any proposed rates, fees, or prices;

2. The total bid amount;

3. The general nature of the services rendered or goods being provided; and

4. Any information contained in the County’s solicitation documents, including the

Respondent’s answers to any of the questions in the bid response form (not including any impacted submittals).

Any Respondent that submits a solicitation response that in any manner asserts or suggests that information contained therein is the Respondent’s trade secret information hereby acknowledges and agrees to all of the following:

A. To the extent the County deems necessary to effectively handle, process, review, evaluate, and maintain the Respondent’s solicitation response, the County and its officials, employees, agents, and representatives are hereby granted full rights to access, view, consider, and discuss any information designated by the Respondent as trade secret information. The County may make copies of, and distribute, the Respondent’s unredacted impacted submittals for the purposes of facilitating evaluation of such response.

B. For auditing purposes, the County may disclose the Respondent’s unredacted impacted submittals to the Orange County Comptroller’s Office and the County’s internal and external auditors. Additionally, should funding for the award be in any part provided by the State of

Florida or the Federal Government, the County may also disclose the Respondent’s unredacted impacted submittals to such entities for auditing purposes.

C. Trade secret information is not exempt under the broad open meetings provisions of Florida law. Accordingly, any information that the Respondent designates as trade secret information in its solicitation response may be openly discussed at public meetings that comply with Section

286.011, Florida Statutes. The County will, however, exclude or redact any such designated trade secret information from any records that may result from such public meetings.

D. The Respondent shall be solely responsible for defending the confidentiality of its designated trade secret information at its sole cost, which action shall be taken in a court of competent jurisdiction located in Orange County, Florida, immediately, but no later than ten (10) calendar days from the date the Respondent receives written notification from the County that a request for information designated by the Respondent as trade secret information was made. Failure of the Respondent to timely file an action to defend the confidentiality of its designated trade secret information shall constitute a waiver by the Respondent of any claim that such information is confidential or exempt from disclosure and will result in the County’s release of the requested records.

E. The Respondent shall hold harmless and indemnify the County, its officials, employees, agents, and representatives from any and all claims, actions, suits, judgments, fines, costs, fees

(including attorneys’ fees), or damages arising from or related to any designated trade secret information submitted or otherwise provided to the County by the Respondent, including but not limited to those arising from the County’s non-disclosure of such information in response to a public records request.

F. The protection afforded by section 815.045, Florida Statutes, to trade secretion information is incomplete, and no right or remedy for damages shall arise from any disclosure of such information by the County.

G. The confidentiality protections and records exemptions for any information designated by the

Respondent in its solicitation response as being trade secret information shall expire five (5) years from the date of the Respondent’s submittal of such response.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the

County reserves the right to follow up with Respondents to seek clarification and to request additional information regarding any Respondent’s confidential trade secret designations.

The Trade Secret Information Itemization Log can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

2.30. Anti-Human Trafficking

Respondents shall confirm that they do not engage in or permit the use of coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Failure to confirm shall deem the offer non-responsive.

Section 787.06(2), Florida Statutes, defines “coercion”, “labor”, and “services” as follows:

• “Coercion” means: (1) using or threatening to use physical force against any person; (2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; (3) using lending or other credit methods to https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.ocfl.net/vfr establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

(4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person.

• “Labor” means work of economic or financial value.

• “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

Execution of any contract resulting from the award of this solicitation shall require respondents to attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Respondents are cautioned to review this form in detail as it is a firm requirement of the Contract. The Human Trafficking Affidavit can be found at on the County's

Forms and Resources website (https://www.ocfl.net/vfr).

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0893/Sections/0893.03.html https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Human%20Traffic%20Template.docx https://www.ocfl.net/vfr)

3. Scope of Services / Specifications

3.1. Location of Solicitation Documents

Please refer to the section titled #Solicitation Documents to access all necessary technical documentation and attachments related to this solicitation.

3.2. SCOPE OF WORK

Orange County Utilities (OCU) will inventory their service line materials in alignment with the EPA mandates and guidelines. The work included in this contract will be for, but not limited to, the uncovering, testing, identifying, documenting, and restoring a number of sites Orange County Utilities will identify throughout unincorporated Orange County.

The County will select sites for investigation and it is unknown if the sites will contain single or double services. Please refer to the bid schedule for the estimated quantities of single and double services. The

County may add additional sites during the contract depending on EPA requirements and/or County requirements. All work is to be completed no later than one (1) year after delivery order issuance unless agreed upon, in writing, between the County and the successful bidder.

A. CONTRACTORS PERSONNEL

1. The Contractor shall provide and size their workforce to efficiently perform and manage the work associated with this Contract.

2. The Contractor’s personnel shall be capable of communicating with the Public, customers, and County officials.

3. The Contractor shall be responsible for the proper behavior of their workforce. Any behavior not consistent with standard business decorum will result in the immediate removal of that person(s) from working on this contract.

4. The Contractor's employees shall adhere to the Background, Drug Testing and Credentialing requirements at all times during this contract.

5. Upon satisfactory drug and background screening, the County will arrange for the

Contractors personnel to receive “Vendor” designation ID cards. These shall be prominently displayed, at all times, while performing work against this contract. If a badge is lost the

County shall be notified immediately and arrangements will be made to obtain a new badge.

The Contractors personnel will not be allowed to work without a badge.

B. BACKGROUND, DRUG TESTING AND CREDENTIALING

The Contractor shall, at its expense, perform annual Level One Local, State and Federal background and reference checks, including criminal background checks, on all prospective/current employees to be assigned to perform work on this contract, for every county of residence, domestic or foreign, of prospective employees for the past 5 years. Such checks shall include any convictions involving any violent crime or crimes against children, any crime involving theft, possession, receipt of stolen https://secure.procurenow.com/portal/orangecountyfl/projects/147899/document?section=1338524 property or sale/use or possession of illegal drugs. All prospective employees shall also be required to have passed a 5-panel drug screening at Contractor’s expense. The 5-panel drug screening shall include: THC, Opioids, Amphetamines, Methamphetamines, year Cocaine.

Level One background checks shall include the following information from the past five years to present day:

• Identification Verification

• Selective Service Status (registered/unregistered)

• Florida Department of Law Enforcement (FDLE) Automated Criminal Record Clerk of

Courts by County of Residence

• State Attorney's Office Employment Verification

• Department of Motor Vehicles (DMV) by State of Residence

• Military Service Verification

• Professional License and Certification Check

The Contractor agrees not to refer or place at Orange County Government, any individual having such a criminal record during the five (5) year period preceding placement at Orange County

Government, unless Orange County Government specifically agrees. Orange County Government reserves the right to have the Contractor remove any employee from placement at Orange

County Government if such individual is arrested, charged, or convicted of such crimes while placed at Orange County Government or has determined to falsify their application to conceal their information in anyway. Orange County reserves the right to request to inspect the background and/or drug screening results to ensure compliance with contractual provisions.

C. CREDENTIALING

All Contractor personnel working in the public shall meet the level requirements for drug/alcohol testing and background checks listed above to be granted credentials as an Orange County Government

“Vendor”. The Contractor's personnel shall prominently display the supplied credentials whenever performing work as it relates to this contract. At no time shall the Contractor's personnel display County credentials while performing work for another facility owner. The County will coordinate the credential process with the contract immediately upon award and throughout the contract terms.

D. WORK HOURS AND HOLIDAYS

1. Working hours are Monday through Friday 7am-5pm, except for County recognized Holidays and anytime during disaster recovery efforts.

2. County recognized Holidays:

• New Year's Day

• Martin Luther King Jr Day

• Memorial Day

• Independence Day

• Labor Day

• Veterans Day

• Thanksgiving Day

• Day After Thanksgiving

• Christmas Eve

• Christmas Day

*The holidays falling on weekends will be observed on a weekday

E. MATERIALS, DATA COLLECTION SOFTWARE, EQUIPMENT AND TOOLS

1. The Contractor shall provide all the material, equipment, digital devices, internet access and tools required to perform the work included in this contract.

2. The County will provide access to a program called leadCAST® by Trinnex.

3. The County will not provide any material, equipment, digital devices, or tools for this contract.

4. The County will not provide space for storage, warehousing, parking, staging on its property.

F. CONTRACTOR’S RESPONSIBILITIES

1. The County will provide the Contractor a tabulated listing of addresses where service line material will need inventoried. The Contractor shall be responsible for routing their employees in an effective and efficient manner.

An example of the tabular data is shown in Appendix A.

2. The Contractor shall perform the following work once onsite:

a. Document the site prior to performing any work.

• Any claims of damaged property shall be forwarded to the Contractor. The

Contractor shall be required to provide photographic documentation the damage was not a consequence of their work. If the Contractor cannot provide documentation of the “as found” and “as left” (before and after work) they will be responsible for any repairs.

• It is imperative the Contractor document each site upon arrival, and before departing, to support their position should damages.

b. Locate and open the County meter box to test and document the piping and fitting material type found inside the box.

• Types of compensable testing methods are limited to magnet and scratch testing.

• Document findings in accordance with the Deliverables section.

c. Hand dig to expose the full length of piping, to a distance no less than three (3) feet, from the edge of the meter box where the service line enters the meter box (County side) and where the service line leaves the meter box (Customer side). In total a minimum of six

(6) feet of piping needs to be exposed. The Contractor shall contact the County for direction if upon arrival and evaluation an obstacle prevents the prescribed length of piping, on either side of the meter box, from being exposed.

• Caution shall be used to ensure as little impact to County and Private property as possible.

• If the area is too heavily rooted or there is a hard surface such at brick pavers, concrete, pavement the Contractor shall contact the Counties Representative to find and alternate location.

• If extremely ornate landscaping is encountered the Contractor shall reach out to the

Counties Representative for an alternate location.

d. Once the piping is exposed the Contractor shall document the finding in accordance with the Deliverable section of this contract.

• Types of compensable testing methods are limited to magnet and scratch testing.

e. Once documentation is completed, restore the area to the original condition.

• Areas damaged shall be restored at no additional cost to the County.

• The Contractor shall be responsible for and deal directly with any customer who is unsatisfied with the remediation of their property directly associated with work performed in this contact.

3. The Contractor will encounter an unknown number of double services, one line entering the meter box two lines leaving the meter box. In these instances, the Contractor shall document the

Customer and County piping as described above and document the findings in accordance with the Deliverables section.

4. If during the work the Contractor encounters a leak or damages a utility the Contractor shall immediately contact Orange County Emergency Dispatch (OCED) and request an Orange County

Utilities technician be sent to their location. The contact information for OCED is:

a. Orange County Emergency Dispatch: 407-836-2777

b. Prior to calling OCED, caller shall have ready the address, meter #, who they are working for, and a brief description of the issue.

c. The OCU technician must be onsite before any water is shut off to the customer.

5. The Contractor shall be responsible for any damages that occur during the course of the work, at no additional cost to the County.

6. The Contractor shall leave behind a door hanger provided by the County. The Contractors personnel shall only handwrite the date, both sides, on the doorhanger.

a. Doorhanger example is shown in Appendix C.

E. DELIVERABLES

The County has implemented the use of an internet/cloud-based program, called leadCAST®, which will be hosted by a third party and capable of managing inspection records and photographic records. The

Contractor shall utilize leadCAST® and will be given the appropriate number of licenses and access to the program. leadCAST® is designed to work with most popular mobile devices as well as laptops. The software is capable of being updated in the field at each site being inspected as long as the device has an internet connection, or the inspection information can be entered at a later time. Photographs captured shall comply with “1. Digital Pictures- a, d, e, f, g below. Letter “b “is not required and letter

“c” will be modified as needed based on the device used to capture the information when using leadCAST®.

In the event the County stops using the leadCAST® software, the Contractor shall collect the data shown and provide it to the County as outlined in this section.

Within ten (10) days of Notice of Award, the County will schedule a meeting to provide instruction to the

Contractor on how to use the leadCAST® program.

1. DIGITAL PICTURES

a. The Contractor shall document each site and all inspections by a high definition (digital) photograph delivered to the County using only a .JPG file format. No other file format will be accepted unless authorized in writing by the County.

b. The photographs file name shall be a unique for each photograph regardless of the number of cameras deployed. Each filename shall be unique so that it can be correlated to the submitted deliverable data.

c. Photographs shall display a digital stamp that contains the date, time, and GPS coordinates.

i. The digital stamp must be visible and legible, without manipulation by the end user, in all photographs.

ii. The digital stamp shall be placed by the device at the time the photograph is taken.

Digital stamps shall not be added later.

iii. There are several downloadable camera applications available for pay, and for free, that produce the intended results on a smartphone. The County can suggest a few applications, but the County will not be held liable for any problems that arise from their suggested applications.

d. Photographs shall be taken in sufficient number to document the following:

i. Property upon arrival, with address, if possible; the inside of the meter box showing the meter number(s) and pipe material with evidence of test performed.

ii. The two inspection holes in the same photos unless an alternative spot was selected as outlined above.

iii. Upon completion of the work and restoration of the work site.

iv. There is no fixed number of photographs required per site. The ability to document the content in the detail required above is more important than the number of photos. All numbers, pipe material, pipe material test results need to be clearly discernable and readable.

v. The Contractor is allowed to take additional photographs, but they do not have to be submitted unless requested by the County.

vi. An example would be a series of photos that document the work site upon arrival but in great enough number and/or detail to support the Contractors position in the event there is property damage reported.

vii. All submitted photographs must have a unique file name and be included in the deliverable documentation.

e. The photographs metadata shall not be modified or deleted. It is the responsibility of the Contractor to ensure the metadata is available and not corrupt.

f. Examples of…