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2012-34 SUPPLIER AGREEMENT FOR
CHLORINE CYLINDERS
• THIS AGREEMENT, made and entered into this �,T day of 2012, A.D.,
by and between the City of Clermont 685 West Montrose Street; Clermont, Flonda
(hereinafter referred to as "CITY "), and DPC ENTERPRISES, LP, 6051 Old 41A Hwy,
Tampa, FL 33619, (hereinafter referred to as "SUPPLIER ").
WHEREAS, the City of Orlando as part of the Central Florida Purchasing Cooperative
issued IFB No.: C12 -0040 for the provision of chlorine cylinders for water treatment use;
WHEREAS, based on SUPPLIER's response, the City of Orlando entered into Contract No.
12 -0040 with SUPPLIER;
WHEREAS, CITY desires to utilize the SUPPLIER's contract with the City of Orlando in
accordance with CITY's procurement policy; and
WHEREAS, SUPPLIER desires to enter into a contract with CITY based on the terms and
conditions of City of Orlando contract No.: C12 -0040.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follows:
ARTICLE I - SCOPE OF WORK
The SUPPLIER shall provide chlorine cylinders as descnbed in City of Orlando contract
No. C12 -0040, which is attached hereto and incorporated herein as Exhibit "A" and shall do
everything required by this Agreement and the other Agreement Documents contained in the
specifications, which are a part of these Documents. Provided, however, that nothing herein
shall require CITY to purchase or acquire any items or services from SUPPLIER. To the
extent of a conflict between this Agreement and Exhibit "A ", the terms and conditions of
this Agreement shall prevail and govern.
ARTICLE II - THE CONTRACT SUM
CITY shall pay SUPPLIER, for the faithful performance of the Agreement as set forth in the
Agreement documents and the Unit Price Schedule an amount in accordance with the
compensation schedule set forth in Exhibit 'B', attached hereto and incorporated herein. The
price schedule as set forth herein is subject to annual adjustment as set forth in Exhibit "A ".
ARTICLE III — TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect until April 15, 2015, unless terminated as provided for herein.
Provided, however, that this Agreement may be renewed at the sole option of
CITY under the same terms and conditions contained herein, for two (2) one (1)
year renewal terms.
1
2. Notwithstanding any other provision of this Agreement, CITY may, upon written
notice to SUPPLIER, terminate this Agreement if: a) without cause and for
convenience upon thirty (30) days wntten notice to SUPPLIER b) SUPPLIER is
adjudged to be bankrupt; c) SUPPLIER makes a general assignment for the
benefit of its creditors; d) SUPPLIER fails to comply with any of the conditions
of provisions of this Agreement; or e) SUPPLIER is experiencing a labor dispute,
which threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for
the payment of all unpaid charges, determined in accordance with the provisions
of this Agreement, for work, properly performed and accepted prior to the
effective date of termination.
ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK
CITY shall submit to SUPPLIER a purchase order identifying the items to be provided by
SUPPLIER hereunder and SUPPLIER shall provide all items in the timeframe as set forth in
the applicable purchase order. SUPPLIER shall not provide any items to CITY unless and
until an authorized purchase order has been submitted to SUPPLIER.
ARTICLE V - LIQUIDATED DAMAGES
1. It is mutually agreed that time is of the essence in regard to this Agreement.
Therefore, notwithstanding any other provision contained in the Agreement
Documents, should the SUPPLIER fail to deliver the requested items by the date
specified in the applicable Purchase Order the SUPPLIER shall pay to CITY as
liquidated damages TWO HUNDRED AND FIFTY (250) DOLLARS for each
calendar day elapsing beyond the specified time date; which sum shall represent the
damages sustained by the CITY, and shall be considered not as a penalty, but in
liquidation of damages sustained. SUPPLIER shall pay the liquidated damages
amount contained herein to CITY within fifteen (15) days of receipt of CITY's
written demand for such payment.
2. For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall be
considered a day schedule for protection.
ARTICLE VI - PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, SUPPLIER shall
submit a payment request by the third (3rd) day of each calendar month for items provided
during the preceding calendar month. CITY shall make payment to the SUPPLIER, within
thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by
the CITY for items provided and accepted by the CITY.
2
ARTICLE VII — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and SUPPLIER shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having junsdiction thereof.
ARTICLE VIII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The SUPPLIER shall take out and
maintain dunng the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
SUPPLIER shall require the subcontractor similarly to provide Worker's Compensation
Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the SUPPLIER. Such insurance shall comply with the Florida
Worker's Compensation Law. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the SUPPLIER shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
2. SUPPLIER's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it from
claims for damage for personal injury, including accidental death, as well as claims for
property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount of
such insurance shall be minimum limits as follows:
(a) SUPPLIER's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3
3. SubSUPPLIER's Public Liability and Property Damage Insurance - The
SUPPLIER shall require each of his subcontractors to procure and maintain during the life
of this subcontract, insurance of the type specified above or insure the activities of his
subcontractors in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the SUPPLIER shall
indemnify and hold harmless the CITY and its agents and employees
from and against all claims, damages, losses and expenses, including but
not limited to attorney's fees, arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss or
expense (1) is attnbutable to bodily injury, sickness, disease or death, or
to injury to or destruction of tangible property (other than the Work itself)
, and (2) is caused in whole or in part by any negligent act or omission of
the SUPPLIER, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or otherwise reduce any other nght to obligation of indemnity
which would otherwise exist as to any party or person described in this
Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the SUPPLIER, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the SUPPLIER or
any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The SUPPLIER hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification
provided herein.
ARTICLE IX - NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
SUPPLIER: DPC Enterprises, LP
6051 Old 41A Hwy
Tampa, FL 33619
4
CITY: City of Clermont
Attn: Wayne Saunders, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE X — MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this agreement, the prevailing party shall be entitled to recover such sum
as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in
addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not be
construed or operate as a waiver of any subsequent breach of such provision or of
such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the agreement
valid and enforceable under applicable law, the remainder of this agreement and the
application of such a provision to other persons or circumstances shall be unaffected,
and this agreement shall be valid and enforceable to the fullest extent permitted by
applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by SUPPLIER.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by SUPPLIER, in whole or in part, without the pnor written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Flonda and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Flonda.
9. Records. SUPPLIER expressly understands and acknowledges that any and all
documents related to the services provided herein, may be considered records that
5
are subject to examination and production in accordance with Florida's Public
Records Law. SUPPLIER expressly agrees that it will comply with all requirements
related to said law and that it will hold CITY harmless, including attorney fees and
litigation costs, for any such disclosure related to Florida's Public Records Law.
ARTICLE XI - AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order
3. All documents contained in City of Orlando IFB, C12 -0040 and SUPPLIERS
response thereto and City of Orlando Contract No.: C12 -0040.
IN WITISS WHEREOF, the parties hereto have executed this Agreement on
this S' 'clay of _(a ,c,� . 2012.
City of Clermont
-r,
efr
Harold S. Turville, Jr. ayor
i ca l11 7 ■ ' Att - t: /
�
- '. Tracy A lyd, City Cle �!
4 f4 s•
►,,
DPC Enterprises L. C.
By:
DPC Enterprises, L P
By DPC Enterprises, GP, LLC, Its general partner
By RC. Kama. lts President
Printed Name and Title
Attest:
APIV\j"
Corporate Secretary
(Name Printed or Typed)
DPC Enterprises, L P
By DPC Enterprises, GP, LLC, Its general partner
By Wiliam E Ingram, Its Assistant Secretary
6
EXHIBIT A
AN1:30 -
j j
- - , :. ) ,;;i i i :,_ ,±... - - - - - - ' -
Anaammaxesearatemasocioass
April 16, 2012
R.C. Karm, President
DPC Enterprises, L.P.
300 Jackson Hill St.
Houston, TX 77007
Subject: Contract No. C12 -0040, Central Florida Purchasing Cooperative (CFPC)
Chlorine (Cylinders)
,The subject contract is the City of Orlando's acceptance, of your offer in response to C12-0440, . ,.
Chlorine (Cylinders), and is subject to all terms and conditions therein, as well as any and all
addenda to that solicitation.
This contract is a thirty -six (36) month contract, effective April 16, 2012, and will remain in
effect through April 15, 2015.
This contract may be renewed upon mutual agreement as provided in the solicitation. Any
amendments to this contract must be in writing and signed by both parties. Such amendment(s)
must be signed by the Director of Purchasing and Materials Management, or designee, to be
valid, binding, and enforceable.
All invoices must reference the subject Contract Number. Invoices must be submitted to the
address below:
Accounts Payable
City of Orlando
4 Floor, City Hall
PO Box 4990
Orlando, FL 32802 -4990
Please remember that only those goods /services specifically listed in this contract can be
invoiced against this contract, and the description and unit prices on each invoice'must match the S
description and unit pricing in the subject contract. Invoices not meeting these requirements are
considered Improper Invoices and will be returned.
1erely,
; ' e Royer, C
chasing Agen I
cc: Roger Cooper, C.P.M., Procurement Manager
Accounts Payable
File
PURCHASING AND MATERIALS MANAGEMENT DIVISION
CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. Box 4990. ORLANDO, FLORIDA 32802 -4990
PHONE 407.246.2291 • FAX 407.246.2869 • CityofOrlando.net • esupplier.cityoforlando.net
Mayor _ Director of Purchasing and Materials Management
Buddy Dyer ?" ,' ? Rhonda S. Ulmer, C.P.M., CPPO, FCCN
Procurement Manager
r Roger Cooper, C.P.M
CITY OF ORLANDO
INVITATION FOR BID (IFB)
CENTRAL FLORIDA PURCHASING COOPERATIVE (CFPC)
DATE OF ISSUE: December 20, 2011
IFB DUE DATE: Thursday, January 19, 2012
IFB DUE TIME: 2:00 p.m., Local Time, City of Orlando, FL
BID DELIVERY LOCATION: Purchasing and Materials Management Division
400 South Orange Avenue, Fourth Floor
Orlando, FL 32801
Bid opening held at same location.
IFB TITLE: CHLORINE (CYLINDER)
IFB NO: C12- 0040 -CR
(IFB NUMBER MUST BE PLACED ON FRONT OF
ENVELOPE)
THIS IS NOT AN ORDER
DIRECT ALL INQUIRIES TO: Connie Royer, Purchasing Agent III
Phone: (407) 246 -2367
Email: Connie.Royer@cityoforlando.net
BUSINESS NAME & ADDRESS
D1 rlt-ertpr ses, L 9.
Business Name
S OS l otd qIq \ -\ u .
Address
�p
Kr3A FL
City, State, Zip
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-
Contact Person / Telephone Number
It is the intent and purpose of the City of Orlando that this Invitation for Bid promotes competitive bidding It
shall be the bidder's responsibility to advise the Purchasing and Materials Management Division at the address
noted herein, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits
the requirements stated in this Invitation for Bid to a single source. Such notification must be submitted in
writing and must be received by the Purchasing and Materials Management Division not later than ten (10)
days prior to the bid closing date. Rev: Goods- 10 -26 -11
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TABLE OF CONTENTS:
PAGE
INSTRUCTIONS FOR SUBMITTING BID 3
SUBMITTAL REQUIREMENT CHECK LIST 4
SEALED BID ENVELOPE LABEL 5
INVITATION FOR BID AWARD INFORMATION 6
NON - MANDATORY PRE -BID CONFERENCE ... 7
NON - MANDATORY PRE -BID CONFERENCE ATTENDANCE NOTIFICATION 8
SPECIFICATIONS 9
SPECIAL CONDITION CLAUSES 11
CENTRAL FLORIDA PURCHASING COOPERATIVE (CFPC) 13
GENERAL CONDITIONS 16
STANDARD TERMS AND CONDITIONS 17
FORMS AND SUBMITTAL DOCUMENTS:
SOLICITATION COVER PAGE..... 1
BID PRICE FORM(S) 35
BIDDER'S CERTIFICATION.... 37
CONTRACT AND ACCEPTANCE FORM 38
BIDDERS QUESTIONNAIRE . 39
QUESTIONNAIRE 41
WRITTEN QUESTION(S) FORM 42
MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISE PARTICIPATION FORM 43
ADDENDUM ACKNOWLEDGMENT FORM 44
NO -BID RESPONSE FORM 45
Purchasing and Materials Management Division Page: 2
Chlorine (Cylinder) C12- 0040 -CR
INSTRUCTIONS FOR SUBMITTING BID
IN RESPONSE TO INVITATION FOR BID FOR THE
CHLORINE (CYLINDER)
PREPARATION OF BIDS:
1. Bidders are expected to examine this bid form, attached drawings, specifications, if any, and
all instructions. Failure to do so will be at the bidder's risk.
2. All prices and notations must be in ink or typewritten. No erasure permitted. Mistakes may be
crossed out and corrections typed adjacent and must be initialed and dated in ink by the person
signing the bid. All bids must be signed by the bidder and by a responsible officer or employee.
Obligations assumed by such signature must be fulfilled.
3. Each bidder shall furnish the information required on the bid form and each accompanying
sheet thereof on which he /she makes an entry.
4. Unit prices for each unit bid shall be shown. A total shall be entered in the amount column for
each item bid. In case of discrepancy between a unit price and extended price, the unit prices
will be presumed to be correct.
5. Although the City generally awards bids based on a "lump sum" basis to the bidder submitting
the lowest responsive and responsible total bid, the City may choose to award on a "per group"
or "per item" basis. Therefore, bidders must submit with their bids, all pricing pages on the
forms provided clearly indicating which items are bid and which are not. Failure to submit
these pages will render such bid non - responsive.
Purchasing and Materials Management Division Page: 3
Chlorine (Cylinder) C12- 0040 -CR
SUBMITTAL CHECK LIST:
Bidders should use the following bid check list of standard forms which are to be completed and returned
as part of your bid submittal. Failure to complete and return required forms may result in your bid being
non - responsive and not considered for award. Return one (1) original and one (1) copy of bid submittal.
Additional forms /items may be required to be submitted under the terms of this Invitation for Bid which
are not listed below; therefore, it is the bidder's responsibility to read and understand the provisions of this
Invitation for Bid.
Solicitation Cover Page.
Invitation for Bid Price Form(s) (Unit Price and Total Price Columns completed).
Bidder's Certification, signed and notarized.
Contract and Acceptance Form.
Bidder's Questionnaire.
Minority/Women Owned Business Enterprise Participation Form. (If applicable)
Addendum Acknowledgment Form: It is the bidder's responsibility to contact
the Purchasing and Materials Management Division prior to submitting a
bid to ascertain if any addenda have been issued, to obtain all such addenda,
and return executed addenda with the bid. If you have downloaded this bid
from the Internet, please ensure that you also download all such addenda.
(If applicable)
Special Items:
1. Material Safety Data Sheets (MSDS)
2.
3.
NOTE:
Certificate of Insurance: Within seven (7) days of a notification of intended award, the
Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s)
acceptable to the City.
Written Question(s) Form: Written questions must be received at least ten (10) days prior to
the solicitation due date.
Purchasing and Materials Management Division Page: 4
Chlorine (Cylinder) C12- 0040 -CR
SEALED BID ENVELOPE LABEL:
The label provided below, with all appropriate information completed, should be used for the proper
processing of the bid submittal. The label will facilitate the Purchasing Agent to properly handle the
sealed envelope without revealing the contents until the solicitation is opened.
•
SEALED BID ENCLOSED
(To be opened by Procurement official noted below)
rte:
Company's Name:
Company's Address:
Company's Telephone Number: ( )
City of Orlando
Purchasing and Materials Management Division
Attention: Purchasing Agent: Connie Rover
400 S. Orange Ave., 4 Floor
Orlando, FL 32801
Solicitation No.: C12- 0040 -CR
Solicitation Title: CHLORINE (CYLINDER)
Solicitation Due Date & Time:
Thursday, January 19, 2012 at 2:00 P.M., Local Time, City of Orlando, FL
Purchasing and Materials Management Division Page: 5
Chlorine (Cylinder) C12- 0040 -CR
INVITATION FOR BID AWARD INFORMATION:
The Purchasing and Materials Management Division is the official source to obtain information relating
to City of Orlando solicitations. It is incumbent on the Bidder to obtain current bid and award
information prior to and after the scheduled opening date of a solicitation. Information is updated daily
as it becomes available. An award, or recommendation of award, may be made at any time after the
scheduled opening date of a solicitation. You may obtain award and other solicitation information in a
variety of ways:
1. Bid documents are available for download from the eSupplier website:
You may access solicitation information by visiting the City's eSupplier website by copying the
following link in your web browser:
https: / /esuppl ier. cityoforlando.net/vendor /common/default.aspx
2. You may also visit the Purchasing and Materials Management Division to obtain award
information, solicitation packages, addendums, and other documents. Our office is located at:
City of Orlando Purchasing and Materials Management Division
City Hall at One City Commons, Fourth Floor
400 South Orange Avenue
Orlando, Florida 32801
3. You may also call the Purchasing and Materials Management Division at (407) 246 -2291, during
normal business hours, to request a solicitation and other related information.
Please remember, email notification is provided as a courtesy to our vendors, but it is the vendor's
responsibility to check with the City of Orlando's website at:
https: / /esupplier.cityoforlando .net /vendor / common/default.aspx for current bid, and other information.
We appreciate your interest in doing business with the City Beautiful and wish you much success with
your business ventures.
Purchasing and Materials Management Division Page: 6
Chlorine (Cylinder) C12- 0040 -CR
NON- MANDATORY PRE -BID CONFERENCE:
All prospective bidders are invited to attend a Non - Mandatory Pre -Bid Conference at:
City of Orlando
Purchasing and Materials Management Division
City Hall at One City Commons
400 S. Orange Avenue
Tarpon Conference Room at Fourth Floor
Orlando, FL 32801
On
Thursday, January 5, 2012 at 10:00 a.m.,
Local Time, City of Orlando, FL
The purpose of the Pre -Bid Conference is to provide and solicit information relative to the scope,
purpose, nature and extent of the work, and any local conditions, which may affect the work and its
performance. Submission of a bid shall constitute an acknowledgment by the bidder that it has
thoroughly examined and is familiar with the INVITATION FOR BID. The failure or neglect of a
bidder to examine the INVITATION FOR BID, shall in no way relieve the bidder of any obligations
with respect to either its bid or the INVITATION FOR BID. No claim for additional compensation will
be allowed which is based upon a lack of knowledge of the INVITATION FOR BID.
Purchasing and Materials Management Division Page: 7
Chlorine (Cylinder) C:12- 0040 -CR
NON - MANDATORY
PRE -BID CONFERENCE ATTENDANCE NOTIFICATION:
A Non - Mandatory Pre - Bid Conference will be held City of Orlando, Purchasing and Materials
Management Division, 400 S. Orange Avenue, Tarpon Conference Room at 4 Floor, Orlando, FL
32802 on Thursday, January 5, 2012 at 10:00 a.m., Local Time, City of Orlando, FL.
Please return this form by: Wednesday, January 4, 2012.
CITY OF ORLANDO
PURCHASING AND MATERIALS MANAGEMENT DIVISION
CITY HALL AT ONE CITY COMMONS
400 SOUTH ORANGE AVENUE - FOURTH FLOOR
ORLANDO, FLORIDA 32801
TELEPHONE: (407) 246 -2291
FAX: (407) 246 -2869
PLEASE CHECK:
We plan to attend
Name of Representatives who will attend
1.
2.
3.
A list of questions or statements for discussion at the Pre -Bid Conference is
attached. (Please use "WRITTEN QUESTION(S) FORM" as indicated in the
Table of Contents).
We do not plan to attend, but will be submitting a response.
We do not plan to attend and will not be submitting a response because:
Signature
Title
Name of Company
Date
Purchasing and Materials Management Division Page: 8
Chlorine (Cylinder) C12- 0040 -CR
SPECIFICATIONS FOR CHLORINE (CYLINDER)
A. Introduction
This is a cooperative Invitation for Bid issued by the City of Orlando, herein after referred to as
the lead agency, on behalf of the Central Florida Purchasing Cooperative (CFPC). CFPC is a
cooperative purchasing committee under the Central Florida Chapter of the National Institute
of Government Purchasing (CFC- NIGP).
The lead agency is responsible for the handling of the solicitation and award the contract. The
lead agency has sole authority to modify the contract and handle disputes regarding the substance
of the contract.
The lead agency is acting as "Solicitation Agent" for the members and shall not be held liable for
any cost, damages, etc., incurred by any CFPC member /entity should they enter into contracts
with the successful bidder or offeror to this solicitation. The CFPC consists of all government
agencies, which include (but limited to) members from the counties of Brevard, Orange, Osceola,
Lake, Seminole, Volusia, and Indian River.
Each Governmental entity will order items from the bid documents through its own initiative, by
issuance of a contract release or purchase order to the Contractor, with reference to the
agreement.
Sales will be made in accordance with the prices, terms, and conditions of the Invitation for Bid.
The Contractor agrees to extend to all CFPC members, the prices, terms and conditions as
provided in their bid.
This bid is for the purchase of the respective estimated annual requirement as listed. The
Contractor agrees to provide products and/or services to any municipality, county, governmental
public utility, non - profit hospital, educational institute, special governmental agency and non-
profit corporation performing governmental functions that participates in or is represented by
CFPC.
B. Chlorine Specifications
All liquid chlorine and containers supplied by this bid shall conform fully to AWWA B301 -10
Standard for liquid chlorine.
The liquid chlorine supplied shall be standard liquid chlorine for use as a disinfectant for water
and wastewater treatment. The chlorine shall be 99.5% pure by volume as obtained from
vaporized liquid chlorine.
The participating public entities may require that a sample of liquid chlorine be tested to
determine the accuracy of the bidders stated purity. Analysis of the sample shall be performed in
a laboratory of the entity's choice. If the sample purity is less than the state purity, the cost of the
analysis shall be paid by the bidder.
C. Material Safety Data Sheets
The successful Contractor will be required to provide Material Safety Data Sheets.
Purchasing and Materials Management Division Page: 9
Chlorine (Cylinder) C12- 0040 -CR
D. Quantity
The stated total quantities are expressly agreed to be an estimated annual usage only, and nothing
herein shall bind the City of Orlando or any CFPC participants to purchase any specified amount
of the product. It is also further understood that the City of Orlando or any CFPC participant
shall not be obligated to purchase or pay for any portion of the product unless and until ordered
and received by the City of Orlando or any CFPC participant.
E. Delivery
All Chlorine shall be delivered F.O.B. destination (Delivery Point), unless otherwise specified.
The specific F.O.B. destination points will be established by each using agency after award. The
successful Contractor shall be responsible for following industry safety standards and applicable
codes during delivery/filling procedures. The successful Contractor shall also take necessary steps to
protect the treatment plants' staff and to promptly notify the treatment plant staff of any emergencies
during delivery/filling.
1. The Contractor must have a crane (i.e., "Cherry Picker ") to facilitate unloading of
cylinders if requested by CFPC members. The crane must be in optimal operating
condition and hydraulic systems must be secure and leak free.
2. If the Contractor fails to deliver chlorine within the specified time, the City has the right to
assess a penalty of Two Hundred Fifty Dollars ($250.00) for each calendar day the delivery
is delayed. Reference Section VI, Paragraph P "Liquidated Damages" of the Agreement.
The City has the right to reject damaged Chlorine cylinders. The Contractor will provide
replacements as soon as possible and no later than 24 hours from time of rejection or as
mutually agreed upon by the City and Contractor.
F. Safety Requirements/Training
Contractor shall employ only handling procedures which conform fully to the most current safety
guidelines promulgated by the Chlorine Institute, Inc.
All chlorine containers will be carefully examined upon receipt. Any containers which exhibit
evidence of leakage, structural damage, corrosion, metal fatigue, improper handling or filling,
excessive layers of loose and peeling paint, or insufficient maintenance shall be rejected and
ordered removed from the site. Any containers arriving with a pressure exceeding the vapor
pressure of the liquid chlorine shall be rejected. All containers supplied under this contract shall
be maintained in such a manner as not to subject those persons working near them to an undue
hazard.
All valves shall be clean, free of dirt, and able to be operated by the use of conventional tools
designed for that purpose. Any containers having valves which may not be operated by the use of
conventional tools will be set aside and the supplier ordered to remove them from the site within
twenty -four (24) hours.
The supplier shall be responsible for any chemical spills that occur during the unloading of the
chemical. Any chemical spill must be cleaned up and properly disposed of by the supplier prior
to leaving the treatment facility.
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V V
Annual Price Adjustment:
On an annual basis, the unit price (base price) for all items containing chlorine on the Bid Price Forms, as
initially awarded for this solicitation may be adjusted upward or downward in accordance with the
percent change in the Producer Price Index (PPI) from the effective base period, as specified herein, to
the time of escalation or de- escalation using the most recent index for the same base month. Calculations
of price adjustments shall always use the latest version of the PPI data published as of the date specified
for such calculations. The annual adjustment shall only be permitted with a change in the referenced
Producer Price Index, as specified herein, of 5% or more.
The PPI Index used for comparison shall be based on: The Bureau of Labor Statistics Producer Price
Index (PPI) for Commodities, Table 6, Item: Chemicals and Allied products, Commodity Code 0613 -03,
Alkalies and chlorine, including natural sodium carbonate and sulfate, shall be used.
Due to the delay of published PPI data, for purposes of calculation of a price adjustment, the Reference
Base Period will be October 2011. Calculations will be based upon the most recent percent change in the
PPI in the month of October as compared to the referenced base period of October Index in the year of
contract execution. An example of the calculation procedures is shown below.
Table I - Example:
Divide the current index value by the value of the index for the fixed base period multiplied by the fixed
base price Bid:
Year 2 - October 2012 Index divided by October 2011 X Base Price = Adjusted Price
Year 3 - October 2013 Index divided by October 2011 X Base Price = Adjusted Price
Year 4 - October 2014 Index divided by October 2011 X Base Price = Adjusted Price
Examination of Project
The bidder, having visited the site of the proposed project and familiarized itself with the local
conditions, nature, and extent of the work, and having examined carefully the specifications included and
Terms and Conditions herein, proposes to furnish all labor, materials, equipment and other items,
facilities and services, without exception for the proper execution and completion of the contract and, if
awarded the contract, to complete the said work within time limits as specified for the following bid
prices.
FDEP Compliance
Contractor shall contact the Orange County Environmental Protection Division at 407.836.1400 for
instructions relating to Petroleum Storage Tank Compliance (FDEP local program office) notification
requirements prior to the start of installation or removal of any aboveground and/or underground
petroleum storage tanks. A 30- day /48 -hour notice is required for all tank installs and a 10- day /48 -hour
notice is required for tank removals.
Payment of Subcontractors
Final and complete payment will be made on the basis of completion and acceptance by the City of the
work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for
materials, have been paid in full. Payments of subcontractors shall be made in compliance with
§218.735 (6) et sq. Florida Statutes.
The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the
Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final
payment until said bills or charges are paid.
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The quantities for the items listed in this solicitation are estimated annual quantities for bid evaluation
purposes only and should not be construed as representing actual quantities to be purchased. Moreover,
it is understood by all bidders that the City is not obligated to purchase any minimum or maximum
amount during the life of a contract resulting from this solicitation.
Prohibition Against Contracting with Scrutinized Companies
In accordance with Section 287.135 of the Florida Statutes, "[a] company that, at the time of bidding or
submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for, and may not bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for
goods or services of $1 million or more." Section 215.473 defines a company to include "all wholly
owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or
business associations, that exists for the purpose of making profit." By submitting a response to this
solicitation, a respondent certifies that it and those related entities of respondent as defined above by
Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473. Any
respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal
of the Contract that that it and its related entities are not on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The
City may terminate any Contract resulting from this solicitation if respondent or a related entity as
defined above is found to have submitted a false certification or been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List. Notwithstanding the preceding, the City reserves the right and may, in its
sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on, submit a
proposal for, or enter into or renew a contract, should the City determine that the conditions set forth in
Section 287.135(4) are met.
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C uRdHAS oOPER*F }VE-(C—FPC
Special Conditions for Purchasing Cooperative
Contract Term and Extensions
The Purchasing Cooperative's goal is to promote partnership relationships within the framework of
Public Procurement Policy. To that end, it is the intent of this solicitation to award a contract to the
successful bidder for an initial thirty six (36) month term with the option to renew for two (2) additional
twelve (12) month term(s).
The actual award term will be that which is determined to be in the best interest of the Purchasing
Cooperative. All renewals will be contingent upon written mutual agreement and appropriate approval
by the City.
Estimated Quantities
No guarantee is given or implied as to the total quantity or dollar value of this bid. The estimated
quantities identified in the bid are solely for preparing the bid and there is no minimum purchase
guaranteed by the lead agency or any other participating agency.
LEAD AGENCY:
City of Orlando
PARTICIPATING AGENCIES:
Orange County, Florida and all municipalities and jurisdictions within
Brevard County, Florida and all municipalities and jurisdictions within
Osceola County, Florida and all municipalities and jurisdictions within
Volusia County, Florida and all municipalities and jurisdictions within
Lake County, Florida and all municipalities and jurisdictions within
Seminole County, Florida and all municipalities and jurisdictions within
Indian River County, Florida and all municipalities and jurisdictions within
Ordering and Contract Administration
Each Agency reserves the right to award its own Agency contract. Each Agency will be responsible for
issuing individual purchase orders directly to the awarded bidder for the procurement of goods or
services identified herein. Blanket Purchase Orders may be issued by the Agency allowing departmental
personnel to order the required quantities on an as needed basis.
The awarded bidder shall honor all orders according to the discounts, prices, terms and conditions of the
awarded contract of the lead agency. Each purchase order will be faxed or mailed to the awarded bidder.
Purchasing Card orders may be used for online ordering, if applicable. All orders should be reviewed for
correct contract pricing, product numbers, part numbers, quantities, etc. The successful bidder shall
notify the ordering agency of any discrepancies prior to shipment or prior to providing the services
requested in the order. No price changes, freight charges, administrative fees or other alterations of bid
prices will be allowed after acceptance of the Cooperative Agency's Purchase Order.
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Multiple Source Award
A multiple source award may be made to two or more offerors for similar products or services when
deemed necessary for adequate delivery, service or product availability. Multiple source awards will be
limited to the least number of suppliers required to meet the Purchasing Cooperative's requirements.
Billing
Each participant will be billed separately. The vendors will delivery product(s) as required by the
Invitation for Bids. When nonconforming shipments occur, each participating agency will seek their own
remedy with the vendor for their own orders. No agency shall be responsible for the actions, orders, or
debts of any other participating agency.
Sales Report
The successful bidder shall furnish to each participating agency, as requested, a detailed summary of
sales from the awarded contract. The sales summary shall include the description of commodity or
services, unit prices, and total dollar of purchases for that period. Failure to provide the required data and
reports within 30 calendar days following the request, may result in the vendor being found in default.
Delivery
All prices quoted by the successful bidder must be F.O.B. destination. For any exception to the delivery
date as specified on the contract or purchase order, the successful bidder shall give prior notification and
obtain approval thereto from each participant's Purchasing Department. With respect to delivery under
the awarded contract, time is of the essence and the purchase order is subject to termination for failure to
deliver on time. The acceptance by the participants of late performance with or without objection or
reservation shall not waive the right to claim damages for such breach nor constitute a waiver of the
requirements for the timely performance of any obligation remaining to be performed by the successful
bidder.
Contract Disputes
Any issues or conflicts relating to contractual matters, including compliance with deliveries, quality, and
invoicing will be the responsibility between the successful bidder and the ordering agency. Matters
relating to the Purchase Order, late payment, or other concerns on the part of the participating agency,
shall be resolved between the Cooperative Agency and the vendor.
Inspection
All items are subject to inspection and approval by the participating agency placing the order. Inspection
shall be made within a reasonable time after delivery. The agency may return rejected items, without
cost or obligation, at the vendor's expense. The vendor shall not replace items returned unless so directed
by the agency in writing.
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Packing and Shipping
No charges will be allowed for special handling, packing, wrapping, bags, containers, reels, etc., unless
otherwise specified herein.
All items shall be prepared and packed for shipment in a manner that will prevent damage in transit. The
participating agency placing the order is not liable for extra charges for packing, cartage, or anything else
unless stated in this bid. The vendor shall mark the number of items in each order on the container and
enclose a packing slip with the purchase order number of each container. Vendor shall mail invoice to
the participating Agency in accordance with the Purchase Order terms.
Title
Title to material specified in the contract passes to the participating Agency on the date of delivery or on
the date of acceptance of the order by the Agency, whichever is later.
Warranty
The offeror agrees that, unless otherwise specified, the product and/or service furnished as a result of this
IFB and award thereto shall be covered by the most favorable commercial warranty that the offeror gives
to any customer for comparable quantities of such products and/or services and that the right and
remedies provided herein are in addition to and do not limit any rights afforded to the participants by any
other provision of the invitation/offer.
Uniform Commercial Code
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual
obligations between the awarded vendor and the Purchasing Cooperative for any terms and conditions
not specifically stated in the IFB.
Returned Goods
Each participating Agency shall negotiate freight terms for returned commodities and shall be exempt
from restocking charges.
Termination of Contract
The lead agency reserves the right to terminate this contract by giving 30 day prior notice, in writing, of
the intention to cancel.
This is a non - exclusive contract; participants reserve the right to terminate and to order from another
source when such items have not been delivered within a reasonable period of time as stated in the IFB.
END OF SECTION
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• NHFFIA
Bidder should read and follow the following instructions.
1. EXECUTION OF BID Bid must contain a manual signature of an authonzed representative in the space provided on the Bidder's Certification Form
2 SEALED BIDS: All bids must be submitted in a sealed envelope The face of the envelope shall contam the date and time of the bid openmg and the
bid number Bids not subnutted on the City's bid forms may be rejected All bids are subject to the conditions specified herein and on any attached
sheets, specifications, standard terms and conditions and special conditions
3 NO BID FORM: In the event you elect not to bid this requirement, respond by returning this form, marking it "NO BID" and the reason therefor
NOTE To qualify as a respondent, bidder must submit a "BID" or "NO BID" and it must be received no later than the stated bid opening date and time.
4 BID OPENING: Shall be public, on the date and at the tune specified on the bid form It is the bidders responsibility to assure that their bid is delivered
at the proper time and place of the bid opening Bids which for any reason are not so delivered, will not be returned but will be retained in the "BID
FILE" unopened Telephone or telegraphic bids cannot be accepted
5 PRICES, TERMS, and PAYMENT: All pnces must be firm for the delivery schedule quoted herein Bids stipulating "Pnce in effect at time of
shipment" or other similar conditions will be considered not responsive to the bid invitation and will not be accepted. All pnces shall be quoted F 0 B
delivered to any City of Orlando Department unless otherwise stipulated in the bid mvitation Bidder is requested to offer cash discount for prompt
mvoice payment. it is the policy of the City of Orlando to make payments of invoices m time to earn any offered cash discounts Discount time will be
computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Finance Department office, whichever is
later
a) TAXES: The City of Orlando does not pay Federal excise and State sales taxes Our tax exemption number is 58 -12- 94438 -54C and is also
stipulated on all our Purchase Orders
b) POLITICAL SUBDIVISIONS: Under Flonda Law, prices contamed in State Contracts shall be available to the City of Orlando, who might wish
to purchase under a State Purchase Contract The City of Orlando therefore reserves the right to purchase any commodities from a State Purchase
Contract if m the best mterest of the City
c) MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid pnces, and all instructions pertaining to supplies and
services Failure to do so will be a bidder's nsk
d) CONDITION and PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current
production model at the time of this bid) All containers shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging
e) SAFETY STANDARDS: Unless otherwise stipulated m the bid, all manufactured items and fabncated assemblies shall comply with applicable
requirements of Occupational Safety and Health Act and any standards thereunder
f) MARKING: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the
manufacturer Each shipping container shall Include the name of the vendor and must also clearly indicate the City of Orlando Purchase Order
Number
g) INVOICING and PAYMENT: The supplier shall be paid in accordance with Flonda Statutes, upon subnussion of invoices to The Accounts
Payable Section, City of Orlando, 400 South Orange Avenue, Orlando, Florida 32801 Invoices are to be billed at the pnces stipulated on the
purchase order and as outlmed in this bid All invoices must show the City of Orlando Purchase Order Number
6 CONFLICT OF INTEREST: The award hereunder is subject to Chapter 112, Honda Statutes All bidders must disclose with their bid the name of any
officer, director, or agent who is also an employee of the City of Orlando. Further, all bidders must disclose the name of any City of Orlando employee
who owns, directly or indirectly, an interest of ten percent (10%) or more of the bidders finn or any of its branches
7 AWARDS: As the best interest of the City of Orlando may require, the nght is reserved to make award(s) by individual items, group of items, all or
none, or a combination thereof, with one or more suppliers, to reject any all bids or waive any mformality or technicality in bids received
8 INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be at destmation unless otherwise stipulated Title and nsk of loss or
damage to all items shall be the responsibility of the shipper (vendor) until accepted by the using department of the City of Orlando, unless loss of
damage results from negligence by the City of Orlando or its Departments
9 DISPUTES: In case of any doubt or differences of opinion as to the items to be furnished hereunder, the decision of the City of Orlando Director of
Purchasing shall be final and bmdmg on both parties All disputes between the parties shall be resolved in accordance with the City Purchasing Code,
(Chapter 7 of the City Code)
10 LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the item(s) covered
herem apply Lack of knowledge by the bidder will m no way be cause for relief from responsibility
11 LIABILITY: The vendor shall hold and save the City of Orlando, Its officers, agents and employees harmless from hability of any kind m the
performance of or fulfilling the requirements of the Purchase Order or Contracts which may result from this bid
NOTE: ANY AND ALL STANDARD OR SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL
CONDITIONS SHALL HAVE PRECEDENCE.
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STANDARD TERMS AND CONDITIONS
1. RECEIPT OF BIDS:
a. Sealed bids, one (1) original and one (1) copy, shall be submitted to the Purchasing and
Materials Management Division prior to the date and time specified herein. Bids will not be
accepted after the designated time and date. It is solely the responsibility of the bidder to
ensure timely delivery of their bid submittal.
b. Each bid shall be submitted in a sealed envelope and marked with the bid number, title of the
bid, and bid opening date and time.
c. If submitted by mail, the bid submittal shall be enclosed in a sealed envelope addressed to the
Purchasing and Materials Management Director, at the address listed below. Bids submitted
by mail must be received in the Purchasing and Materials Management Division by the time
specified herein for the opening thereof.
Please be advised that United States Postal Service (USPS) Express and Priority service
classes, are delivered to the City once daily. Accordingly, in order for a submission to be
received by the Purchasing and Materials Management Division when the services of the
USPS are used, a proposer or bidder is responsible for ensuring that their submittal is
transmitted in such manner as necessary for the USPS to receive, sort, and deliver to the City
by the submittal due date and time.
The City only collects other USPS mail one (1) time per day upon opening of the local Post
Office branch, which is then sorted by the City for delivery to the Purchasing and Materials
Management Division and other City departments. Submissions arriving at the USPS after
the initial pick -up by the City will be placed in the City's call -box for pick -up and will not be
delivered to or received by the Purchasing and Materials Management Division until the next
business day.
When using the USPS or any other mail delivery services, it is the sole responsibility of the
bidder to ensure that bids or proposals are received in the Purchasing and Materials
Management Division by the due date and time. The City shall not be responsible for
delays caused by any occurrence.
d. All bids shall be mailed or delivered to the Purchasing and Materials Management Division at
the address listed below. Sealed bids are to be addressed as follows:
Ms. Rhonda S. Ulmer, C.P.M., CPPO, FCCN
Director of Purchasing and Materials Management
City of Orlando Purchasing and Materials Management Division
City Hall at One City Commons
400 South Orange Avenue, Fourth Floor
Orlando, Florida 32801
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2. QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS:
a. To ensure fair consideration for all bidders, the City prohibits communication regarding the
solicitation to or with any department, division, or employee during the submission process,
except as expressly set forth in this solicitation. Additionally, the city prohibits
communications initiated by a bidder (or on a bidders behalf) to any City Official or employee
evaluating or considering the bid regarding the solicitation (up to and including the Mayor
and City Council), prior to the time an award decision has been made. Prohibited
communications initiated by a bidder shall be grounds for disqualifying the offending bidder
from consideration for award of the bid and/or any future proposal.
Except as provided in this solicitation, any communication between bidder and the City will
be initiated by the appropriate City Official or employee in order to obtain information or
clarification needed to develop a proper, accurate evaluation of the bid.
b. Any questions by a bidder relative to the interpretation of specifications or the bid process
shall be addressed in writing as indicated below. No inquiries, if received within ten (10)
days of the date set for the receipt of bids, will be given any consideration. See "Written
Question(s) Form" under Forms and Submittals Section of this solicitation. Any
interpretation made to prospective bidders will be expressed in the form of an Addendum to
the specifications which, if issued, will be conveyed to all prospective bidders no later than
five (5) days before the date set for receipt of bids. Oral answers will not be authoritative.
c. It will be the responsibility of the bidder to contact the Purchasing and Materials Management
Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all
such addenda, and return executed addenda with the bid.
d. Direct inquiries to the Purchasing Agent referenced on the cover page of this Invitation for
Bid:
City of Orlando
Purchasing and Materials Management Division
City Hall at One City Commons
400 South Orange Avenue
Orlando, Florida 32801
(407) 246-2291
Fax (407) 246 -2869
Website: http:// www. cityoforlando .net/admin/purchasing/index.htm
3. TERM OF THE CONTRACT:
The term of the contract resulting from the solicitation, shall be for an initial thirty six (36) month
period. The contract may, by mutual assent of the parties, be extended for two (2) additional
twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months.
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4. BIDDER'S CERTIFICATION FORM:
Each bidder shall complete the "Bidder's Certification Form" included with this Invitation for Bid.
The form must be acknowledged before a Notary Public with notary seal affixed on the document.
The failure of a bidder to include this document with their bid submittal will be cause for rejection
of the bid.
5. SUBMITTAL OF BIDS:
Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly
executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand.
Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin
immediately opposite the correction the initials of a person signing the bid. If the unit price and
the total amount provided by a bidder for any item are not in agreement, the unit price alone shall
be considered as representing the bidder's intention, and the totals shall be corrected to conform
thereto.
6. BID INFORMATION:
It is incumbent on the bidder to check the City of Orlando's website at
https: / /esupplier.cityoforlando .net/vendor /common/default.aspx for current bid and award
information, prior to and after the scheduled opening date of a solicitation, in accordance with the
instructions provided herein, in section entitled, "Invitation for Bid Award Information ".
7. EXCEPTIONS TO TERMS AND CONDITIONS:
When completing your bid, do not attach any forms which may contain terms and conditions that
conflict with those listed in the City's bid document(s). Inclusion of additional terms and
conditions, such as those which may be on your company's standard forms, may result in your bid
being declared non - responsive.
8. SPECIFICATIONS:
a. The Specifications shown in the Invitation for Bid are intended to represent items of a quality
level known to meet City' s requirements. While the City endeavors to promulgate written
Specifications that are accurate and nonrestrictive for bidding purposes, they may also
reference an item by manufacturer's name and model number. Bidders are cautioned that in
the event of a discrepancy therein, such difference must be timely questioned in writing. Any
written question must be received in Purchasing and Materials Management at the address on
the cover of this solicitation no later than ten (10) days prior to the bid opening.
b. If any proprietary, trade, brand, or manufacturers' name or part number is used herein in
describing the required equipment or materials, it shall be understood to indicate the minimum
standard of composition and quality desired, and shall not be construed to exclude equipment
or goods that equals or exceeds the functional capability and quality of the named equipment.
The City, in its sole discretion, shall determine whether equipment or goods are equivalent in
capability and quality.
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-- -
Bidders-are stiongly to submit equivalent equipmeIt or materials foi t onsideration
during the question and answer period. If equivalent equipment or materials is proposed,
indicate the manufacturer's name and model number for the equipment and include any
literature or other explanation of the equipment's quality or performance with your bid.
c. The equipment bid herein shall be new and shall be of the current production model. If
applicable, detailed equipment specifications for make and model offered shall be provided
with bid.
d. Bidders may be required, at no expense or liability to the City, to make available for
test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal
equipment that may be seen under operating conditions in the Central Florida area.
9. SILENCE OF SPECIFICATIONS:
The apparent silence of these specifications or any supplemental specifications as to details or the
omission from same of any detailed description concerning any point, shall be regarded as
meaning that only the best commercial practices are to prevail and that only materials of first
quality and correct type, size, and design are to be used. All workmanship shall be first quality.
All interpretations of specifications shall be made upon the basis of this statement.
10. DISCOUNTS:
Bidders may offer a cash discount for prompt payment; however, such discounts shall not be
considered in determining the lowest net cost for bid evaluation purposes.
Discounts will be computed from the date of satisfactory delivery at place of acceptance or from
receipt of correct invoice at the office specified, whichever is later.
11. ALTERATIONS /CHANGES TO BID PRICE FORM(S):
Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price
Form(s). The unit price bid and total extensions must correspond to these designations. Each line
item will be extended as indicated (quantity x unit price). The unit price shall prevail.
12. ADDENDA:
It is the bidder's responsibility to contact the Purchasing and Materials Management Division prior
to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and
return executed Addenda with the Bid. If you have downloaded this Bid from the Internet, please
ensure that you also download all such Addenda.
The failure of a bidder to submit acknowledgment of any Addenda that affects the bid price(s), is
considered a major irregularity and will be cause for rejection of the Bid.
13. "NO BID" RESPONSE FORM:
In the event you elect not to bid on this requirement, please complete and return the "No Bid" form
included in this solicitation.
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Should the awarded bidder (also referred to hereinafter as "Contractor "), of a contract resulting
from this solicitation sell the same or substantially the same products or services as listed in this
solicitation to another Governmental Agency, within the State of Florida, at a lower price than the
price listed in this solicitation, the awarded vendor agrees to extend that same discounted price to
the City of Orlando.
15. OPENING OF BIDS:
Sealed bids will be received in the Purchasing and Materials Management Division until the due
date and time as specified in this Invitation for Bid. Bids will be opened and publicly read aloud
immediately following the published due date and time. No responsibility will attach to the
Purchasing and Materials Management Division for the premature opening of a bid not properly
addressed and identified. Bidders or their authorized agents are invited to be present at the bid
opening.
16. BIDDER QUALIFICATION:
Bids will be considered from firms who have adequate personnel and equipment and who are so
situated as to perform prompt service. The City reserves the right to request information or
conduct an inspection of the bidder's facility and equipment prior to the award of the contract.
Bids will be considered only from firms which are regularly engaged in the business as described
in this bid package; with a record of performance for a reasonable period of time, which have
sufficient financial support, equipment, and organization to ensure that they can satisfactorily
execute the service if awarded a contract under the terms and conditions herein stated.
The terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practice in the industry and
as determined by the City.
Failure to comply with the established deadline for submittal of required documents may be
grounds for disqualification.
17. INSPECTION OF PUBLIC RECORDS:
Bidders may request copies of the solicitation records in person or by written request to the City
Records and Archive Management Services located at 400 South Orange Avenue, 2 Floor,
Orlando, Florida, 32801 or by calling (407) 246- 2148. You may also email your request to Don
Price at donald.price @cityoforlando.net. Pursuant to Florida State Statute Chapter 119.07, sealed
bids are exempt from public inspection until such time as the City provides Notice of Intended
Action or until thirty (30) days after bid opening, whichever is earlier.
18. IRREGULAR BIDS:
Bids made on other than the documents furnished by the Purchasing and Materials Management
Division may not be considered. Changes in phraseology, additions, or limiting provisions made
on the Invitation for Bid may render the bid irregular and may cause rejection.
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The Director of Purchasing and Materials Management Division, however shall have the authority
to waive minor irregularities.
19. WITHDRAWAL OF BIDS:
After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may
withdraw or correct a bid prior to the stipulated date and time for the opening of bids upon a
written request to the Director of Purchasing and Materials Management.
20. EVALUATION OF BID AWARD:
The City reserves the right to award the bid to the lowest responsive and responsible bidder who
submits a bid meeting specifications. In determining responsibility, the City reserves the right to
consider matters such as, but not be limited to, quality offered, delivery terms, and service
reputation of the bidder.
21. AWARD OR REJECTION OF BIDS:
The Director of Purchasing reserves the right to accept any, all or part of any bids, to waive minor
irregularities, or to reject any, all or part of any bids, and to advertise for new bids, as the interest
of the City may require.
The Director of Purchasing also reserves the right to reject the bid of a bidder who has previously
failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder
who investigation shows is not in a position to perform the contract.
In determining responsibility, the following other qualifications, in addition to price, may be
considered by the Director of Purchasing:
a. The ability, capacity and skill of the bidder to perform the service required.
b. Whether the bidder can perform the contract or provide the service promptly, or within the
time specified, without delay or interference.
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
d. The quality of performance of previous contracts or services.
e. The previous and existing compliance by the bidder with laws and ordinances relating to the
contract or service.
f. The sufficiency of the financial resources and ability of the bidder to perform the contract or
provide the service.
g. The quality, availability and adaptability of the supplies, or services, to the particular use
required.
h. The ability of the bidder to provide future maintenance and service for the use of the subject
of the contract.
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i. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to
the City, or whether the bidder's taxes or assessments are delinquent.
j. Such other information as may be required or secured.
22. SELECTION/REJECTION OF OPTIONS:
The City of Orlando reserves the right to select/reject options bid, based on price deemed to be in
the best interests of the City.
23. MULTIPLE AWARDS:
The City reserves the right in its sole discretion after evaluation of all responsive bids, to award the
work described herein to more than one responsive and responsible bidder. In such cases where an
award is made to more than one responsive and responsible bidder, the City shall apportion the
work among the various primary, secondary and alternate providers in such manner and at such
time as it deems appropriate under the circumstances in its sole discretion and no minimum
amount or proportion of work is guaranteed to any single provider or class of providers
irrespective of such provider's designation as primary, secondary or alternate.
24. CONTINGENT FEES:
The bidder warrants that no City official or employee was paid a fee, commission, gift, or other
consideration contingent upon receipt of an award for the services and/or supplies specified herein.
25. IRREVOCABLE OFFER:
The submission of a bid shall constitute an irrevocable offer to the City by the bidder for a period
of ninety (90) days from the date of bid opening to provide the goods and services set forth in this
solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in
the bid.
26. PRICING AND ORDERING:
The City will issue purchase orders directly to the awarded bidder for the purchase of supplies and
materials. The awarded bidder shall honor these orders in accordance with the terms and
conditions of the solicitation and their pricing and discounts terms as listed in their bid submittal.
Unless otherwise specified, the awarded bidder shall stock sufficient quantities of supplies to meet
the requirements of the City on an "as- needed" basis within seventy -two (72) hours after being
notified of such requirements by the City.
27. RETURN OF MERCHANDISE:
All items delivered must meet the Specifications herein. Items delivered not as specified will be
returned at no expense by the City of Orlando. The City may return, for full credit, any unused
items received which fail to meet the city's performance standards. Replacement items meeting
Specifications must be submitted within a reasonable time after rejection of the non - conforming
items. The supplier is to accept for full credit, any merchandise returned by the City within ninety
(90) days from the delivery or pick up date.
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All merchandise be acueplable - fui full credlriS to-be ieturned-in a condition -to allow for
by the vendor and include reference to an applicable Vendor Invoice or Packing List. Full credit is
to include all costs paid by the City related to the subject merchandise as determined by the
appropriate Vendor Invoice or Packing List.
28. FAMILIARITY WITH SITE WORK AND CONDITIONS:
The responsibility for the determination of accurate measurements, the extent of work to be
performed, and the conditions surrounding the performance thereof shall be the bidder's.
Submission of a bid shall constitute acknowledgment by the bidder that it is familiar with all such
conditions. The failure or neglect of a bidder to familiarize itself with the site of the proposed
work, shall in no way relieve him from any obligations with respect to his bid.
29. RIGHT TO AUDIT RECORDS:
The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the
extent that such books and records relate to the performance of the contract or any subcontract.
The Contractor and its subcontractors shall retain and maintain financial records and other records
relating to the contract for a period of five (5) years from the date of final payment under the
contract and by the subcontractor for a period of five (5) years from the date of final payment
under the subcontract unless a shorter period is otherwise authorized in writing by the City. In the
event that any litigation is instituted during such period, Contractor and its subcontractors shall
continue to maintain such books and records until the conclusion of all litigation, including any
appeals.
30. ASSIGNMENT:
The Contractor shall not sell, assign, or transfer any of its rights, duties, or obligations under the
contract or under any purchase order issued pursuant to the contract, without the prior written
consent of the City. The Contractor shall give full attention to the contract, to the faithful
execution of the contract, and shall keep the same under its control.
31. FISCAL YEAR FUNDING APPROPRIATION:
a. Specified Period
Unless otherwise provided by law, a contract for supplies or services may be entered into for
any period of time deemed to be in the best interest of the City, provided the term of the
contract and conditions of renewal or extension, if any, are included in the solicitation and
funds are available for the first fiscal period at the time of contract.
Payment and performance obligations for succeeding fiscal periods shall be subject to
appropriation by City Council of funds therefor.
b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods
When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor
shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred
but not amortized in the price of the supplies or services delivered under the contract or
otherwise recoverable.
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- - - - .
This solicitation is issued in accordance with and shall be governed by the provisions and
procedures of Chapter 7 of the City of Orlando's Code which can be accessed online at:
http:// www. cityoforlando .net/admin/purchasing/161 3.pdf or by contacting the Purchasing and
Materials Management Division. Any appeal of matters relating to this solicitation must be filed
in accordance with the requirements of Chapter 7 of the City Code. As provided in Section 7.14 of
City Code, "[a]ny actual or prospective bidder, proposer, offeror or contractor who is aggrieved in
connection with a solicitation or award of a bid or contract may protest to the [Purchasing]
Director within seven (7) calendar days after such aggrieved person knows or should have known
of facts giving rise thereto, provided the bid award or contract has not been approved by City
Council, or the contract has not been fully executed if City Council approval is not necessary."
Accordingly, with respect to any protest of the terms, conditions, procedures, specifications, or
scope of services contained in this solicitation, including, but not be limited to, any provisions
governing the method of ranking proposals, awarding contracts, reserving rights of further
negotiation, or modifying or amending the contract, an actual or prospective Proposer must
provide the Purchasing and Materials Management Director with a written notice of protest within
seven (7) calendar days after it knows or should have known of such provision.
33. WARRANTY:
Bidder warrants that all equipment, materials and workmanship, whether furnished by bidder or its
subcontractor(s), will comply with the City's specifications, drawings and other requirements.
Such equipment and materials shall be free from defects, new, and suitable for the purpose for
which they are intended.
Unless otherwise specified, the awarded bidder shall fully warrant all equipment and materials
furnished hereunder against defect and materials and workmanship for a period of ninety (90) days
from date of delivery and acceptance by the City. Should any defect in materials or workmanship,
except ordinary wear and tear, appear during the stated warranty period, the awarded bidder shall
repair or replace the defect at no cost to the City.
34. CONTRACT AND ACCEPTANCE FORM:
In order to expedite the contracting process after bid opening and preclude delays occasioned by
subsequent contract execution, bidders are requested to sign the Contract and Acceptance Form
included with this solicitation and return the form with their bid. In the event that a successful
bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if
necessary, a letter of authorization) with their bid, the City shall notify the bidder of the City's
intent to make an award and the bidder shall submit such form properly executed (together with a
letter of authorization, if necessary, as set forth below) within fifteen (15) calendar days of receipt
of notice from the City. Unless such time is extended by the City, the failure of a bidder to submit
a properly executed form (and, where necessary, a letter of authorization) within said time period
shall be cause for cancellation of the intended award by the City in its sole discretion. In the event
that an intended award is cancelled, the award may then be made to the next lowest responsive and
responsible bidder or the Director of Purchasing may decline to make an award. Successful
bidders who default in properly executing the Contract and Acceptance Form after notification of
the City's intent to make an award shall forfeit any bid security to the City and are subject to
suspension and/or debarment by the City.
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Unless otherwise agreed by the City in its sole discretion, the Contract and Acceptance form shall
be executed and notarized as follows:
a. If the bidder is a corporation, the Contract and Acceptance Form shall be signed by an
authorized corporate officer (i.e., President, Vice President, C.E.O, or C.O.O.).
b. If bidder is a Partnership, the Contract and Acceptance Form shall be signed by a general or
managing partner.
c. If the bidder is a limited liability company, the Contract and Acceptance Form shall be signed
by a Manager or Managing Member having authority to bind the company.
d. If bidder is a sole proprietorship, the owner shall sign the Contract and Acceptance Form.
If an aforementioned signatory is not available and a different authorized signatory executes the
form, a letter of authorization reflecting the signatory's authority shall be submitted on the
bidder's stationery stating that the person who signed the form is duly authorized to enter into such
contract on behalf of the bidder. Such letter of authorization shall be signed by one of the
designated signatories above or such other representative as may be acceptable to the City. If you
have any questions regarding the execution of the Contract and Acceptance Form, please contact
the Purchasing and Materials Management Division at (407) 246 -2291 for further clarification.
If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by
the City with respect to the items awarded and returned to the bidder evidencing the City's
acceptance of the bid. No award shall be final, and no bidder shall have any entitlement to a
contract or award, until such time as the City has executed the Contract and Acceptance Form.
Upon execution by both parties, the Contract and Acceptance Form will constitute the formal
written contract between the City of Orlando and the bidder. Any such resulting contract shall be
non - exclusive, and the City may procure the goods and services listed in said contract from other
sources. Within one (1) week of receipt of the fully executed Contract and Acceptance Form, an
awarded bidder shall provide to the City with any required bonds, indemnities, and insurance
certificate(s).
35. ACCEPTANCE OF MATERIALS /SERVICES:
Materials /services must comply with all the terms herein. The material and/or services provided
under this contract shall remain the property of the seller until the City performs a physical
inspection and accepts said material/services.
In the event the material or service supplied to the City is found to be defective or does not
conform to the specifications, the City reserves the right to cancel the order upon written notice to
the seller. Materials shall be returned to the seller at the seller's expense.
36. CONTRACT ALTERATIONS:
No waiver, alterations, consent or modification of any of the provisions of the contract shall be
binding unless in writing and signed by the Director of Purchasing or his designee.
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37. INDEMNIFICATION:
The awarded bidder agrees to indemnify and hold harmless the City, its officers, agents, and
employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines,
penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees for trial and on
appeal, and for the preparation of same arising out of the Contractor's, its officers', agents', and
employees' acts, or omissions associated with the contract.
38. INSURANCE:
Within seven (7) days of receipt of a notification of intended award from the City, the Contractor
shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the
City. The Certificate(s) of Insurance shall demonstrate that the awarded bidder has coverage in
accordance with the requirements set forth herein.
The City shall be notified in writing of any reduction, cancellation or substantial change of policy
or policies at least thirty (30) days prior to the effective date of said action. Insurance coverage
must be in force throughout the contract term. Should a Contractor fail to maintain insurance as
required or to provide acceptable evidence of insurance within seven (7) days prior to the
expiration date of an insurance policy, the City shall have the absolute right to terminate the
contract without any further obligation to the Contractor. In such event the Contractor shall be
liable for the entire additional cost of procuring performance plus the cost of performing the
incomplete portion of the contract at the time of termination.
All insurance policies shall be issued by companies who are licensed and authorized to do business
under the laws of the State of Florida and shall be in a form acceptable to the City. The
Certificate(s) of Insurance shall be dated and show the name of the insured, the specified project
by name, the number of the policy, and the effective and termination date of the policy(s).
The awarded bidder agrees to provide and maintain during the term of the Contract without cost or
expense to the City, certificate(s) of insurance, as set forth below.
(a.) Commercial General Liability Insurance:
Commercial General Liability Insurance with coverage limits of not less than $500,000 per
occurrence, combined single limits for Bodily Injury and Property Damage. The City of
Orlando shall be named as an additional insured on this policy.
(b.) Automobile Liability Insurance:
Automobile Liability coverage shall be not less than the minimum amount of $300,000 per
occurrence, combined single limits for Bodily Injury and Property Damage.
(c.) Workers' Compensation Coverage:
Statutory Workers' Compensation Coverage as required by State of Florida law, as well as
Employee's Liability in the amount of $100,000.
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39. LICENSES:
Unless otherwise extended by the City, the awarded bidder will be required within fifteen (15)
calendar days of award date, to provide any and all local, state, and federal licenses, approvals,
permits, authorizations and/or certifications which would be applicable for all services to be
rendered during the term of the contract.
40. AUTHORITY:
The City's Director of Purchasing or a written designee shall have authority to act on behalf of
the City in matters related to the contract, including but not limited to the sending and
receiving of any notices required hereunder.
41. PUBLIC ENTITY CRIMES:
A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid to
provide any goods or services to a public entity, may not submit a bid with a public entity for the
construction or repair of a public building or a public work, may not submit a bid on leases of real
property to a public entity, may not be awarded or perform work as a Contractor, supplier,
subcontractor, or consultant under an agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in §287.017 of the
Florida Statutes for Category Two, for a period of 36 months from the date of being placed on the
convicted vendor list.
42. PROMPT PAYMENT ACT:
Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes,
Local Government Prompt Payment Act.
1. Proper Invoice
For purposes of billing submission and payment procedures, a "proper invoice" by a
Contractor, vendor or other invoicing party shall consist of at least all of the following:
a. a description (including quantity) of the goods and/or services provided to the City (or a
party on behalf of the City) reasonably sufficient to identify it (or them);
b. the amount due, applicable discount(s), and the terms thereof;
c. the full name of the vendor, Contractor or other party who is supplying the goods and/or
services including a mailing address in case of a dispute and a mailing address for
payment purposes (if they are different) and a telephone number;
d. the Purchase Order or contract number as supplied by the City; and
e. an identification by Division, Office or Department of the party(ies) to whom the goods
were delivered or services provided.
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A l- inrooiees; irr -order- to- be- elassified -as-a- proper - invoice;- shy- be- deli-vered-te- Accounts
Payable, Finance Department, City of Orlando, 400 South Orange Avenue, P.O. Box 4990,
Orlando, Florida, 32802 -4990.
Finally, in addition to all of the above, in order to be considered a proper invoice, it must be
based on a proper delivery, installation, or provision of the goods and/or services to and
acceptance by the City (or party on behalf of the City); the vendor, Contractor or other party
who is supplying the goods and/or services has otherwise complied with all of the contract's
terms and conditions and is not in default of any of them; and if the contract requires any
subcontractors or other parties to be bound by similar other "flow- down" requirements that
those requirements have been complied with.
2. Dispute Resolution
In the event a dispute occurs between a Contractor, vendor or other invoicing party
( "invoicing party ") and the City concerning payment of an invoice, the City Department,
Office or Bureau which has the dispute along with a representative of the City's Purchasing
and Materials Management Division and the invoicing party shall meet to consider the
disputed issues. The invoicing party shall provide to the City such material and information
as the City may reasonably require. Any such procedure shall be initiated by either party
notifying the other in writing of a dispute and stating with specificity its nature. This
procedure shall commence not later than forty -five (45) days, and be resolved not later than
sixty (60) days, after the date on which the proper invoice was received by the City. Any
decision by the Director of Purchasing shall constitute the final decision of the City regarding
these matters and shall be communicated in writing to the invoicing party within three
business days after such decision. If no decision is rendered within the time period as set out
above, then a decision against the invoicing party shall be deemed to have been issued.
43. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES:
At the option of the awarded vendor, the submission of any bid m response to this Invitation for
Bid constitutes a bid made under the same terms and conditions, for the same contract price, to
other governmental agencies including the State of Florida and its agencies, political subdivisions,
counties and cities. Each governmental agency desiring to accept these bids, and make an award
thereof, shall do so independently of any other governmental agency. Each agency shall be
responsible for its own purchases and each shall be liable only for materials ordered and received
by it and no agency assumes any liability by virtue of this bid.
44. EQUIPMENT:
The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools,
equipment, and consumables, left on City property by the Contractor.
45. TERMINATION FOR CONVENIENCE:
The Director of Purchasing may terminate any contract resulting from this solicitation for
convenience with advance written notice to the Contractor. In the event of such a termination by
the City, the City shall be liable for the payment of all work properly performed or materials
provided prior to the effective date of termination and for all portions of materials, supplies,
services, and facility orders which cannot be cancelled and were placed prior to the effective date
of termination.
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46. DRUG -FREE WORKPLACE CERTIFICATION:
By submitting a bid in response to this Invitation for Bid, you are certifying that your company is a
drug -free workplace in accordance with Florida Statute §287.087.
47. AMERICANS WITH DISABILITIES ACT:
Persons with disabilities needing a special accommodation to participate in this proceeding should
contact the Purchasing & Materials Management Division, City Hall at One City Commons, 400
South Orange Avenue, Orlando, Florida 32801 telephone (407) 246 -2291, not later than SEVEN
(7) days prior to the date on which the accommodation is requested.
48. PURCHASING CARD PROGRAM:
The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement
process. In order to expedite payments to suppliers, The Bank of America VISA Purchasing
Card and ePayable solution has been implemented to more effectively control our procurement
activities and to achieve a significant cost savings over the traditional paper, purchasing and
payment system.
As one of the City of Orlando's valued suppliers, your business may also achieve cost savings
results by accepting the ePayables solution. Identified supplier benefits of this Program may
include:
• Reduction of payment time
• Direct electronic deposit to your primary banking account
• Increase in working capital
• Elimination of invoicing
• Reduced collection efforts
• Enhanced corporate relationships
• Reduced billing costs
• Enhanced reporting
• Increased sales as a "Preferred Supplier"
Additionally, you will be able to grow your customer base by accepting purchasing cards from
other corporate customers as well as all major credit cards, therefore, The City encourages all
vendors to accept the VISA ePayable solution.
49. RECIPROCAL LOCAL PREFERENCE:
In the event the lowest responsive and responsible response to any Invitation for Bid or Request for
Proposal is by a vendor whose principal place of business is in a city, county, or state which grants
a preference for the procurement of such goods or services to a vendor whose principal place of
business is in such area, then the City may award a preference to the (next) most responsive and
responsible vendor having a principal place of business in the Metropolitan Statistical Area, (i.e.,
Orange, Seminole, Lake and Osceola Counties). Such preference shall be equal to the preference
granted by the area in which the lowest responsive and responsible vendor has its principal place of
business.
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50. EMERGENCY SUPPORT:
It is hereby made a part of this Invitation for Bid that before, during and after a public emergency,
disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods
and services on a first priority basis. It is vital and imperative that the majority of citizens are
protected from any emergency situation which threatens public health and safety, as determined by
the City.
Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a
first priority basis. The City expects to pay a fair and reasonable price for all goods and services
acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a
twenty -four (24) hour phone number in the event of such an emergency.
51. SUBCONTRACTORS:
The Contractor shall perform all of its obligations and functions under the contract by means of its
own employees, or by a duly qualified subcontractor, which is approved in advance by the City. In
the event a subcontractor is employed, the Contractor shall continuously monitor the
subcontractor's performance, shall remain fully responsible to insure that the subcontractor
performs as required and itself perform or remedy any obligations or functions, which the
subcontractor fails to perform properly.
52. BID PRICES:
Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and
profit to perform the work specified in this Invitation for Bid. Bid prices shall remain firm for the
entire contract period unless otherwise changed by an Amendment. At each renewal period, price
increases or decreases may be considered, provided they are reasonable and acceptable to the City.
Any Amendment must be in writing and signed by both parties.
53. GOVERNING LAW / VENUE:
The contract is deemed to be under and shall be governed by, and construed according to, the laws
of the State of Florida. Any litigation arising out of this contract shall be commenced in the State
and Federal Courts of Orange County, Florida.
54. RECYCLED CONTENT:
In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid,
any information available regarding recycled material content in the products bid. The City is
particularly interested in the type of recycled material used (such as paper, plastic, glass, metal,
etc.); the percentage of recycled material contained in the product and the cost and product
performance impact of increasing the percentage of recycled content. The City is requesting that
bidders provide detailed information regarding any known or potential recycled material content in
the product that may be extracted and recycled after the product has served its intended purpose,
on the Bidder's Questionnaire as provided in this solicitation.
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55. LIVING WAGE POLICY:
As set forth m City Policy and Procedure 161.3, a copy of which can be downloaded
from the Purchasing website http / /www cityoforlando net/admin/cfohncludes/161 3 pdf,
Covered Service Contractors, as well as their subcontractors (first tier only), shall pay to all of
their employees providing Covered Services pursuant to a contract with the City, a livmg wage
for the time spent providing services to the City (This provision does not include general
administrative personnel unless they are assigned to a City project) "Living wage" means
compensation for employment of not less than $8.50 per hour for straight time, exclusive of
FICA, unemployment taxes, and workers compensation insurance and employee benefits
Necessary payroll documentation shall be provided to confirm compliance with this provision or
the service Contractor shall allow the City to audit (at service Contractor's place of busmess) its
payroll records to determine if compliance has been achieved Failure to comply with the
provision may result in termination of the contract and/or preclusion from future City contracts
at the sole option of the City This provision shall apply to all bid and Proposal awards for
Covered Services, which involve City expenditures that exceed $100,000.00 per year.
More particularly, this provision shall apply to single and multiple award agreements for
Covered Services regardless of the initial value of the award whenever City expenditures exceed
$100,000 00 m any one contract year As for multiple award contracts (contract award which
will be divided among several Contractors), at the point when the City has expended
$100,000 00 on that contract in any one - contract year, regardless of whether such expenditure
was to one Contractor or several Contractors, then the living wage provision shall apply to all
Contractors who are a party to that award For those contracts whose mitial value was less than
$100,000 00 but exceeded $100,000 00 prior to the end of the contract term, this provision will
be applicable to that contract in the next quarter
To further clarify, the Living Wage policy does not apply to part time employees, or the part
time employees of all subcontractors. Furthermore, the workers of temporary employment
agencies are not covered by the City's Livmg Wage Policy
A hard copy of the City's Living Wage Policy is also available at the Purchasmg and Materials
Management Division
56. MISCELLANEOUS PROVISIONS:
By submitting a bid, the bidder shall be deemed to have certified that the Contract is made without
prior understandmg, agreement or connection with any corporation, firm or person who submitted
bids for the work or goods provided by the Contract and is m all respects fair and without
collusion or fraud Bidder further warrants and certifies that they are authorized to enter into the
Contract and to execute same on behalf of the Contractor as the act of the said Contractor
The Contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by
the parties No other agreements, oral or otherwise, regardmg the subject matter of the Contract
shall be deemed to exist or to bind either party thereto
The City's Director of Purchasing or written designee shall have authority to act on behalf of the
City in matters related to the Contract, including but not limited to the sending and receiving of
any notices required hereunder
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57. ORDER OF PRECEDENCE:
This solicitation shall be mcluded and incorporated m the Purchase Order or Contract. The
contract, mcludmg any Exhibits, contains all the terms and conditions agreed upon by the parties
No other contract, oral or otherwise, regardmg the subject matter of the contract, shall be deemed
to exist or to bind either party hereto Unless otherwise expressly provided m the Purchase Order
or Contract, m the event of any conflict between the terms of the contract or purchase order, the
City's solicitation, and the vendor's response, the order of precedence shall be the contract or
purchase order, followed by the solicitation, and then the response to the solicitation.
***************************************************** ** ** ******* * * * *** * ********* ** **
•
Purchasing and Materials Management Division Page: 33
Chlorine (Cylinder) C12- 0040 -CR
BIDDE S-C IFIGATION -FORM
I have carefully examined the Invitation for Bid, Instructions to bidders, General, Standard and Special
Conditions, Specifications, Contract and Acceptance Form and any other documents accompanying or made a part
of this Invitation for Bid
I hereby propose to furnish the goods or services specified in the Invitation for Bid at the prices or rates
quoted in my bid I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow the
City adequate time to evaluate the bids
I agree to abide by all conditions of this bid and understand that a background investigation may be
conducted by the Orlando Police Department prior to award
I certify that all information contained m this bid is truthful to the best of my knowledge and belief I
further certify that I am duly authorized to submit this bid on behalf of the bidder as its act and deed and that the
vendor /contractor is ready, willing and able to perform if awarded the bid
I further certify, under oath, that this bid is made without prior understanding, agreement, connection,
discussion, collusion or fraud with any other person, firm or corporation submitting a bid for the same product or
service; no officer, employee or agent of the City of Orlando or of any other bidder is interested in said bid, and
that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters
therein contained and was duly authorized to do so
I hereby certify that neither bidder, nor any of its wholly owned subsidiaries, majority -owned
subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the
purpose of making profit, are on the Scrutinized Companies with Activities in Sudan List or the
Scrutimzed Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s
215.473
State of Texas
DPC Enteprises, L P
County of Harris
NAME OF BUSINESS
Sworn to (or affirmed) and subscribed before me
BY this 9th day of January , 2012, by
R C Karin
SIGNATURE DPC Enterprises, L P
By DPC Enterprises, GP, LLC, its general partner
By R C Karm, its President
NAME & TITLE, TYPED OR PRINTED _ .. Vr • • I_' a
Signature of No
300 Jackson Hill Street Texas
Notary Public, State of
MAILING ADDRESS
Houston, TX 77007 ersonally Know YR 6• BEVERLEY S BATES
1 Notery Public, State of Texas
•• ' »1 My Commission Expires
CITY, STATE, ZIP CODE -OR- ' ;/;„at February 06, 2015
Produced Identification
713- 293 -1533
TELEPHONE NUMBER Type
713- 863 -7197
(_) Company Tax ID # 76- 0576882
FAX NUMBER (The City only requires Company Tax ID numbers The
City is not requesting individual social security numbers )
rkarm®dxgroup com
E -MAIL ADDRESS
Purchasing and Materials Management Division Page: 37
Chlorine (Cylinder) C12- 0040 -CR
CONTRACT AND ACCEPTANCE FORM FOR SOLICITATION NO. C12- 0040 -CR:
Upon execution of this contract below by the City of Orlando ( "City"), the undersigned hereby agrees to
provide all goods and services set forth in its bid in response to the above referenced solicitation
( "Solicitation ") in accordance with, and subject to, all terms, conditions, and provisions of the Solicitation
at the prices set forth in the undersigned's bid for the items and work awarded to it by the City This
Contract and Acceptance Form together with the (i) Solicitation, including all addenda, and (u) the
undersigned's bid in response to the Solicitation, including all schedules and forms submitted with the
bid, all of which are hereby incorporated herein by this reference, shall constitute the formal written
contract b tween the City and the undersigned
e State of Texas
SIGNATURE DPC Enterprises, LP County of Harris
By DPC Enterprises, GP, LLC, its general partner
By R C Karm, its President Sworn to (or affirmed) and subscribed before me
NAME & TITLE, TYPED OR PRINTED this 9th day of January , 2012, by
DPC Enterprises, LP R C Karm
. A 4 . J 'oi "!♦
NAME OF BUSINESS Signature of N .
300 Jackson Hill Street
Notary Public, State of Texas
MAILING ADDRESS
Houston, TX 77007 ersonally Know (ell - -,
1 4j ' �4 BEVERLEY S. BATES '
� �v ye
CITY, STATE, ZIP CODE -OR- (` ' Notary Public. State of Texas
. My Commission Expires
,„ February 06, 2016
PHONE ( ,$
) Produced Identification .
713- 863 -7197
FAX ( ) Type of Identification:
E -MAIL rkarmedxgroup com
1 ,
FOR USE BY THE CITY OF ORLANDO ONLY
This contract is awarded to the party listed above as a Primary Supplier X Secondary Supplier
This contract is for All Item Numbers or Item umbers
INITIAL CONTRACT TERM ( ��j \ J \ to (�j H y 15
ACCEPTANCE:
PURCHASING APPROVED AS TO FORM AND LEGALITY
AND MATERIALS MANAGEMENT for the use and reliance of the
CITY OF ORLANDO, FLORIDA City of Orlando, Florida, only
By ��jbryt,10c-- >e G' 4 '!v ✓
Director of Purchasing Assistant City ttorney
ORLANDO, FLORIDA
RHONDA S U LME� R. C P M . CPPO. FCCN
Date. , 2012 Date 2012
Purchasing and Materials Management Division Page: 38
EXHIBIT B
Chlorine (Cylinder) C12- 0040 -CR
- - -- - Addendum-No.-One-0)-
January 13, 2012
Bidder's Name 0'PC Llite r - �JRJ►S�PS
REVISED BID PRICE FORM
You are invited to Bid on the following: Chlorine (Cylinder)
Item Estimated Unit
No. Quantity Unit Description Price Total
Orange County (and all municipalities/jurisdictions
within said county)
1. 1130 EA One -ton Cylinder $agY__ S
2. 35 EA 150-pound Cylinder $S S©
p Y M ,
Seminole County (and all municipalities/jurisdictions
within said county)
3. 175 EA One -ton Cylinder $ 3 � � . $
4. 50 EA 150 -pound Cylinder $S7 , $ P875.
Brevard County (and all municipalities /jurisdictions
within said county)
5. 580 EA One -ton Cylinder $33g— $12-0.
6. 260 EA 150 pound Cylinder $0 5050 $
Iy 451
Osceola County (and all municipalities/jurisdictions
within said county)
7. 278 EA One -ton Cylinder $I047509,
8. 50 EA 150 pound Cylinder $ $
Lake County (and all municipalities /jurisdictions within
said county)
9. 50 EA One -ton Cylinder $3V4- $l
10 400 EA 150 -pound Cylinder $ ? ° $g 3 do0
Sub -total (this page) $
Bidder Initials
Purchasing and Materials Management Division Page: 5
Chlorine (Cylinder) C12- 0040 -CR
– — Addendum-No. 9n (1)
January 13, 2012
Bidder's Name 1D P C Elu - 2.4
REVISED BID PRICE FORM
You are invited to Bid on the following: Chlorine (Cylinder)
Item Estimated Unit Unit Price Total
No. Quantity Description
Volusia County (and all municipalities/jurisdictions
within said county)
11. 30 EA One -ton Cylinder $224_ $,A:
12. 50 EA 150 -pound Cylinder $S') $ ass,
Indian River County (and all municipalities/jurisdictions
within said county)
13. 225 E A One -ton Cylinder $3 $$(p y am'
14. 50 EA 150 -pound Cylinder $57,50 $Q4 os,
Sub -total (this page) $ ! b � ((7 (9 , "
GRAND TOTAL (ALL PAGES) $9qq 171-461 °
Bidder Initials 117-)
1 FOB Point Destination
2. Discount Payment Terms (if any): KIX. %, if paid within 1 days after receipt of invoice.
3. Is your company willing to accept the VISA ePayable solution for payment of all invoices?
\Yes No
4. Is your company villing to serve as a secondary supplier in the event your company is not selected for
primary award? N7 Yes No
5. The City shall receive shipment or project completion notice within days from the date
successful Contractor received notice of order.
Recheck your quotations prior to submission. Bids may not be changed after being opened.
Purchasing and Materials Management Division Page: 6
