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2015-27 AGREEMENT FOR STORM LINE REHABILITATION CLEANING & VIDEO RECORDING THIS AGREEMENT, made and entered into this )21 day of ; 1 2015, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and Layne Inliner, LLC., 2531 Jewett Lane, Sanford, FL 32771 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Orlando, Florida through the public procurement process awarded Solicitation No. IFB15-0017 for Storm Line Rehabilitation Cleaning & Video Recording; WHEREAS, based on CONTRACTOR's response to Solicitation No. RFB 15-0017 the City of Orlando entered into a contract for the provision of Storm Line Rehabilitation Cleaning&Video Recording, contract number IFB 15-0017; WHEREAS, CITY desires to utilize the above-referenced awarded bid and CONTRACTOR's response thereto in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the contract entered into with the City of Orlando. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall provide storm line rehabilitation cleaning & video recording services as described in the City of Orlando contract attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in Contract number IFB15-0017 which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II - THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in set forth in Exhibit 'A', attached hereto and incorporated herein. ARTICLE III—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until December 14, 2015, unless terminated or renewed by the City of Orlando or as provided for herein. 1 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days wntten notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR 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 The CONTRACTOR shall provide all items in the timeframe as set forth in Exhibit "A" and the applicable purchase order or notice to proceed. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth herein, CONTRACTOR 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 CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for services provided and accepted by the CITY. ARTICLE VI—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 CONTRACTOR 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 jurisdiction thereof. ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during 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 2 CONTRACTOR 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 CONTRACTOR. Such insurance shall comply with the Flonda 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 CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR'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) CONTRACTOR'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. SubCONTRACTOR's Public Liability and Property Damage Insurance - The CONTRACTOR 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 CONTRACTOR 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 attributable 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 CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless 3 of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abndge, or otherwise reduce any other nght to obligation of indemnity which would otherwise exist as to any party or person descnbed in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, 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 CONTRACTOR or any subCONTRACTOR under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII -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. CONTRACTOR: Layne Inliner, LLC. 2531 Jewett Lane Sanford, FL 32771 Attn: Mark Hams, V.P. CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—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 tnal 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 4 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 CONTRACTOR. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior 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 Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. CONTRACTOR expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. CONTRACTOR 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 X -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 5 f : 2. Purchase Order/Notice to Proceed 3. All documents contained in City of Orlando Contract number IFB 15-0017 dated November 20, 2014 (Exhibit"A"hereto). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1 day of qPn ` 2015. City of/rrmont • Gail L. Ash, Mayor Attest: Tracy-Ackroyd, City Clerk Layne Inliner, By: i. Title Attest: ,4-55/5--147u Corporate Secretary fOmm y Wg-MT (Name Prided or Typed) 6 EXHIBIT A CITY OF ®RLANDO December 31, 2014 Layne Inliner, LLC 2531 Jewett Lane Sanford, FL 32771 Subject: Contract agreement for Professional Services for Strom Line Rehabilitation Cleaning&Video Recording IFB 15-0017. Dear Mr. Michael Cannon: Please consider this letter official notification that the City is awarding the above referenced contract to your company. A copy of the signed contract is enclosed. In accordance with this contract, a current insurance certificate naming the City as an additionally insured must be on file at all times. The Certificate Holder should read as follows: City of Orlando Attn: Procurement& Contracts Division P.O. Box 4990 Orlando, FL 32802 Jr_ 61_3 _ Silvia Coste, Purchasing Agent II PROCUREMENT AND CONTRACTS 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 Chief Procu rement Officer Buddy Dyer David Billingsley,CPSM,C.P.M. 9IF ' CITY OF ORLANDO INVITATION FOR BID IFB15-0017 DATE OF ISSUE: OCTOBER 22,2014 IFB DUE DATE: NOVEMBER 20,2014 IFB DUE TIME: 2:00 p.m.,Local Time, City of Orlando,FL BID DELIVERY LOCATION: City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor Orlando,Florida 32801 Bid opening held at same location. IFB TITLE: Storm Line Rehabilitation Cleaning& Video Recording IFB NO: IFB15-0017 (IFB NUMBER MUST BE PLACED ON FRONT OF ENVELOPE) THIS IS NOT AN ORDER DIRECT ALL INQUIRIES TO: Silvia Coste,Purchasing Agent II Phone: (407)246-2216 Email: silvia.coste@cityoforlando.net BUSINESS NAME& ADDRESS 449,oE Sis/G/Ltw 446 BuSifiess Name 0?-53// f�k�E'TT- L, 1c1 ' THIS BID USES AN ELECTRONIC Address BID PRICE FORM (EXCEL DOC) S 4otiroe1, Gi- 3 ;-7-7/ City, State,Zip //lMF.L et¢A)A & (47) 72.— 9/`/ 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 City's Procurement and Contracts 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 Procurement and Contracts Division not later than ten (10)days prior to the bid closing date. Rev.Services—07/29/14 la ir V �' I in,ir 'll `''` �• �C.w04.3'x- .- ii;";�: _ / "'r r ,r. 9 rfig liti' -.if, I,OKI_ . ,t, . asy01-4.im rf. . .1 ej _ ,4- t At' ' ' 3 3 R itip .r,, , pavi, , ,...,,,,.4, , i , , r, r 11 _ : ,i 1,,,igfi , , - ,.--,tt :.A lt,= .: _ - .1! kr ___ ..1,....., . - -'74 :- , i, ,r,it.,., --.:;: , ---. ' t.:--- . • ;Alii-?1 , , it( g ...,..a...--c...-2__.....,„........._„7:-r---. .-._ _ ,_ ____ _ -_ - -- 1,--=- -r-_ - -.-_____:..,- :_.;,,,,„.„;„- .,. 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 NOTIFICATIO 8 SPECIFICATION 9 SPECIAL CONDITION CLAUSES 27 GENERAL CONDITIONS 29 STANDARD TERMS AND CONDITIONS 30 FORMS AND SUBMITTAL DOCUMENTS: SOLICITATION COVER PAGE 1 ELECTRONIC BID PRICE FORM INSTRUCTIONS 51 BIDDER'S CERTIFICATION 52 CONTRACT AND ACCEPTANCE FORM 53 BIDDERS QUESTIONNAIRE 54 WRITTEN QUESTION(S) FORM 57 MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION FORM 58 VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM 59 ADDENDUM ACKNOWLEDGMENT FORM 60 NO-BID RESPONSE FORM 61 Procurement and Contracts Division Page: 2 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 INSTRUCTIONS FOR SUBMITTING BID IN RESPONSE TO INVITATION FOR BID FOR IFB15-0017, STORM LINE REHABILITATION CLEANING & VIDEO RECORDING 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 responsive and responsible bidder submitting the lowest 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. Procurement and Contracts Division Page: 3 .t Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 SUBMITTAL CHECK LIST: 1147 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. Bidder's Questionnaire. Contract and Acceptance Form. ✓ Minority/Women Owned Business Enterprise Participation Form. ✓ Veteran Business Enterprise Participation For Addendum Acknowledgment Form: It is the bidder's responsibility to contact the City's Procurement and Contracts 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. Bid Bond 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. Procurement and Contracts Division Page: 4 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 SEALED BID ENVELOPE LABEL: Complete the label below with all appropriate information and affix it to the outside of the envelope containing your submittal. This will assist in the proper processing of the submittal and avoid revealing the contents of that envelope until the official solicitation opening time and date. XSEALED BID ENCLOSED (To be opened by Procurement official noted below)) , r` Respondent's Name: Respondent's Address: Respondent's Telephone Number: ( ) City of Orlando Procurement and Contracts Division Attention: David Billingsley, CPSM, C.P.M. Chief Procurement Officer C/O Purchasing Agent: Silvia Coste, Purchasing Agent II 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 Solicitation No.: IFB15-0017 Solicitation Title: Storm Line Rehabilitation Cleaning & Video Recording Solicitation Due Date & Time: November 20, 2014 at 2:00 P.M., Local Time, City of Orlando,FL Procurement and Contracts Division Page: 5 Storm Line Rehabilitation Cleaning&Video Recording IF1315-0017 INVITATION FOR BID AWARD INFORMATION: The City's Procurement and Contracts Division is the official source to obtain information relating o 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://esupplier.cityoforlando.net/vendor/common/default.aspx 2 You may also visit the Procurement and Contracts Division to obtain award information, solicitation packages, addendums, and other documents. Our office is located at: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 3. You may also call the Procurement and Contracts 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. Procurement and Contracts Division Page: 6 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 NON- MANDATORY PRE-BID CONFERENCE: All prospective bidders are invited to attend a Non-Mandatory Pre-Bid Conference at: City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor, Dolphin Room Orlando, Florida 32801 On October 30,2014 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. Procurement and Contracts Division Page: 7 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE NOTIFICATION: A Non-Mandatory Pre-Bid Conference will be held City of Orlando, Procurement and Contracts Division, 400 S. Orange Avenue, 4th Floor, Dolphin Room, Orlando, FL 32802 on October 30, 2014 at 10:00a.m., Local Time, City of Orlando, FL. Please return this form by: October 24,2014. City of Orlando Procurement and Contracts Division 400 South Orange Avenue, 4th Floor, Dolphin Room 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 Procurement and Contracts Division Page: 8 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 SPECIFICATIONS FOR MULTIPLE SERVICES ON STORM WATER LINES CITY OF ORLANDO INTRODUCTION The City of Orlando (City) invites bids from qualified Contractorss to perform three separate services on the storm water lines managed by the City. The three services are: 1. Provision and installation of RICIPP linings in storm water pipes of various sizes at various City locations. (Group I). 2. Injection of flowable fill into cavities or voids along deficient storm sewers. (Group II). 3 Provision and installation of internal joint seals (rubber) in existing storm water lines. (Group III). 3. The City reserves the right to select multiple vendors as convenience dictates 4. Each project completion schedule will be agreed upon by the City and the Contractor when the project is assigned. GROUP I - SPECIFICATIONS FOR INSTALLATION OF RICIPP LINING -- STORMWATER PART 1 GENERAL 1.1 SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment, and tools necessary for the point repair or full reconstruction of storm water lines by the installation of a resin-impregnated flexible felt tube, which is inverted into the existing conduit by use of hydraulic head. Where inversion is not appropriate, a pull and inflate method will be acceptable. Curing shall be accomplished by circulating hot water(or other approved method) within the liner tube to cure the encapsulated resin system. When cured, the finished pipe will be continuous, watertight, and formed to the original conduit. Cleaning and inspections of conduits, bypass pumping, line obstruction removal, reestablishment of services, pre-installation video recording, installation of Resin Impregnated Cured-in-Place Pipe (RICIPP) including installation television inspection, post-installation video recording, connections, testing and final inspections are all part of this work. 1.2 QUALITY ASSURANCE/QUALIFICATIONS 1. The pipe liner process shall be the product of a manufacturer who is fully experienced, reputable and qualified in the process of pipe rehabilitation. Procurement and Contracts Division Page: 9 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 2. The Contractor shall have a minimum of three (3) years experience with the means and methods utilized in installing RICIPP to include 100,000 feet minimum installed of 8-inch to 60-inch liner in the state of Florida. The Contractor must have wet-out over-the-hole experience in the state of Florida to include at least five(5)installs of large diameter pipe of 30-inch to 60-inch. 3. During the inversion/installation of the RICIPP, the Contractor shall conduct television inspection of the work to verify that the liner installation is acceptable as defined herein. The sewers shall be thoroughly cleaned prior to performing the television inspections. The television inspections shall be complete from manhole to manhole. The television inspection shall include video documentation and computer generated logs to document the inspection. The installation television inspections shall be performed such that the sewer lining can be clearly seen. The camera shall be panned, tilted and rotated at all pipe defects and at service lateral connections for the complete video documentation assuring no material drain- down/loss. If required,the Contractor will halt inversion in order to video close-up viewing. 4. The Contractor shall submit a sample television inspection after the first liner is installed so p that the Contractor and Engineer (or designee) can agree on performance and quality of the inspections, which must be met throughout the Contract. Sewers not inspected to the Engineer's satisfaction shall be re-inspected by the Contractor at no additional cost to the City. 5. All television inspection reports will include physical locations such as street address or street intersection to identify manhole or other locations, which are used to reference where the camera is located. 1.3 REGULATORY REQUIREMENTS The Contractor shall comply with all applicable laws, rules, regulations or ordinances imposed by all applicable federal, state, regional and local agencies. 1.4 ITEMS FURNISHED BY THE CITY The City will be responsible for the following items pertaining to the work specified herein: 1. Necessary local permits. 2. Some repairs and/or extra-ordinary obstruction removal necessary to prepare line section for work. 1.5 SUBMITTALS AFTER AWARD,UPON REQUEST 1. Bidder shall submit upon request the following information regarding quality. A. Submit three copies of manufacturer's technical literature and recommended installation procedure. B. A signed and notarized certification from the resin manufacturer (not supplier/distributor) that the polyester resin to be furnished for this project will not mix with storm water, lake water or moisture on inversion/insertion. Procurement and Contracts Division Page: 10 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 C. A viscosity profile and procedure showing that the resins to be supplied on this project will not absorb/mix with water. D A statement by the Contractor that provides for the City to take a small sample of catalyzed resin from the saturated liner tube on site prior to installation. The City will conduct a water-mixing test (proof of the resin and water not mixing) and the Contractor will receive and dispose of the sample according to federal, state and local regulations. 1.6 WARRANTY 1. Installation: Provide a full labor and materials warranty for a period of twenty four months from the date of acceptance by the City. 2. Liner: Manufacturer's standard warranty. PART 2 PRODUCTS 2.1 MATERIALS 1. The RICIPP shall be fabricated to a size that when installed will fit the internal circumference of the conduit specified. Allowance shall be made for circumferential / radial stretching during insertion. 2. The finished RICIPP shall be fabricated from materials which when cured will be chemically resistant to withstand internal exposure to contaminants associated with storm water. 3. The outside layer of the tube (before inversion) shall be plastic coated with a transparent flexible material that is compatible with the resin system used. The plastic coating shall not be subject to delaminating in the cured pipe. 4. The tube shall contain no intermediate or encapsulated layers. No materials shall be included in the tubes that are subject to delaminating in the cured pipe. 5. The wall color of the interior pipe surface of the RICIPP after installation shall be a light reflective color so that a clear detail examination with closed circuit television inspection equipment may be made. 6. A general purpose, Polyester resin or Epoxy Vinyl Ester and catalyst system shall be furnished that provides cured physical strengths specified herein. 7. Physical Strength: The cured RICIP shall conform to the minimum structural standards, as listed below. CURED RICIP STANDARD RESULTS Flexural Stress ASTEM D-790 4,500 psi Flexural Modulus ASTEM D-790 250,000 psi of Elasticity Procurement and Contracts Division Page: 11 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 8. All pipes shall be considered fully deteriorated. 9 Hydraulic capacity calculations shall support the CIPP requirement for 100% of the full flow capacity of the original pipe as installed 10. The Contractor shall submit liner thickness calculations to the Engineer for review. The RICIPP shall be designed in accordance with the applicable provisions of ASTM F1216 and D2412 for fully deteriorated gravity pipe conditions and shall meet the following design conditions: • AASHTO H-20 Live Load with two trucks passing for RICIPP in streets. • A soil modulus of elasticity of 700 psi shall be used. A soil weight 120 pounds per cubic foot and a coefficient of friction of Ku' = 0.130r shall be used for the installed depths. • The long-term flexural modulus used in the design calculations shall be estimated by multiplying the lowest short-term flexural modulus specified in the ASTM standards by a retention factor of 0.50. • Safety factor of 2.0 shall be used. • Groundwater levels shall be estimated to be at the ground surface. • Service temperature range shall be 40 to 140 degrees F. • Maximum long-term deflection shall be 5 percent. 11. The mimmum length shall be that deemed necessary to effectively span the footage that is requiring repair. The Contractor shall verify the length in the field before impregnation. 12. The thickness (in millimeters) to be used for the liner shall be the largest thickness as determined by calculations for deflection, bending, buckling and minimum stiffness. The minimum installed liner thickness with the pre-determined resin/felt ratio shall be as follows: 13. Liner Thickness Chart LINER THICKNESS CHART GROUND COVER IN FEET Pipe Diameter 4 6 8 10 12 14 16 18 20 22 24 In Inches 08 6 6 6 6 6 6 6 6 6 7.5 7.5 10 6 6 6 6 6 75 75 7.5 75 9 9 12 6 6 6 7.5 7.5 9 9 9 9 105 105 14 75 75 75 75 9 9 10.5 105 10.5 12 12 16 9 9 9 9 105 10.5 12 12 12 135 13.5 18 9 9 9 10.5 105 12 12 135 135 15 15 21 12 12 12 12 13.5 13 5 15 15 16 5 16 5 18 24 12 12 12 135 15 165 165 18 18 195 195 27 12.5 15 15 15 165 18 19.5 195 21 21 22.5 30 13 5 15 15 16.5 18 19 5 21 22 5 22 5 24 27 36 16 5 18 18 19 5 21 24 24 27 27 28 5 30 42 19 5 19 5 21 22 5 27 27 28 5 30 33 33 34 48 22.5 22.5 24 27 28 5 30 33 34 36 38 39 54 27 27 27 30 33 34 36 5 39 40 5 42 44 60 28 5 28 5 30 33 35 5 38 41 43 445 46 5 48 5 66 30 33 33 35 5 39 42 45 47 50 52 54 72 33 33.5 36 39 42.5 45 5 48 5 51 54 56 58 Chart assumes, Fully Deteriorated Pipe— 100%Ground Water Cover Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 1. The CIPP shall be designed per ASTM F-1216, with the following additional requirements 2. The design will assume no bonding to the original pipe wall. 1 External hydraulic design based on acceptable third party testing and verification of the enhancement factor, K, shall be submitted for review. 2 The bond between the RICIPP layers shall be strong and uniform. All layers, after cure, must form one homogeneous structural pipe wall with no part of the tube left unsaturated. 3 The cured pipe material (RICIPP) shall conform to the following structural properties: Property Results Test Method Minimum Test Result Modulus of Elasticity ASTM D-790 250,000 Psi Flexural Strength ASTM D-790 4,500 Psi 4 Design parameters will be in accordance with ASTM F-1216 Appendix. Design parameters shall be for a fully deteriorated pipe with a long-term flexural modulus of 50% of the short- term modulus and the design safety factor of two (2)remaining unchanged. 5 If required by the City, RICIPP field tube samples shall be cured in the hot water contained in the inversion column contained within steel plates and Mylar sheeting. These sample pieces shall be at least 20 inches in length with enough width for a test laboratory to run a minimum of three samples from each specimen. A testing laboratory acceptable to the owner shall produce the tests, noting thickness and enough strength as specified without a laboratory post cure. Post cure shall be accomplished in the initial in ground curing cycle. PART 3 EXECUTION 3.1 PREPARATION 1. Safety - The Contractor shall carry out his operations in strict accordance with all OSHA regulations, City Confined Space Entry Program, and manufacturer's safety requirements. Particular attention is drawn to those safety requirements involving entering confined spaces. In addition, the Contractor shall be responsible for implementing traffic control procedures in conformance with City standards. 2. Prior to Liner Installation: 3. Cleaning of Storm water Sewer—It shall be the responsibility of the Contractor to perform light cleaning of internal debris / sediments from the storm water lines, unless the Contractor is directed otherwise. The City shall clear the line of obstruction such as solids, dropped joints, or collapsed pipe that will prevent the insertion of RICIPP. If the City is unable to or chooses not to remove such obstructions, solids etc., the Contractor will be given the option to price the work and submit a proposal for the work to the City for consideration. If the City is satisfied, the work may be given to the Contractor. Procurement and Contracts Division Page: 13 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 4. Television Inspection — The Contractor shall perform inspection of pipelines prior to lining by closed circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions, which may prevent proper installation of the RICIPP into the pipelines,and it shall be noted so that these conditions can be corrected. Videotape and a suitable Log of inspection shall be made available and given to the City. 3.2 INSTALLATION 1. The method of installation of the RICIPP shall be in accordance with design criteria supplied by the manufacturer and approved by the City Engineer or his designee. 2. The finished RICIPP shall be continuous over the entire length of the repair and be as free as commercially practicable from visual defects such as foreign inclusions, dry spots, pinholes and delaminating. 3. The City shall locate and designate all manhole access points for the work, provide rights of access to these points. 4. The pipeline to be rehabilitated with the RICIPP liner shall be rendered free of accumulated debris. If the Contractor is required to clean the pipe, the City shall provide a dumpsite at a sewerage treatment facility. Any hazardous waste material encountered during this contract will be considered as a changed condition. 5. The Contractor, when required, shall provide for the flow of storm water around or through the section or sections of pipe designated for RICIPP rehabilitation. Plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system shall make a bypass. The primary pump, standby pump and the piping shall be of adequate capacity and size to handle the maximum flow experienced in the line. The Contractor shall be responsible for continuity of the storm water system during the execution of the work of this contract. In the event that storm water backup occurs, the Contractor shall be responsible for cleanup,repair, and property damage costs and claims. 6. The pipe to be RICIPP lined shall be inspected by a closed circuit television system with video taping capabilities. The inspection will verify that the pipe is ready to be lined and a copy of the video of the pipe condition shall be kept / retained for review and given to the City. If any condition is found to exist that prevents the lining of the pipe, or that cannot be removed with conventional sewer cleaning equipment, the Contractor shall notify the City of the condition and review the tape with the City. If an excavated point repair is necessary, the City shall make the appropriate repair or the City shall issue written authorization to the Contractor to make the necessary repairs and the work shall be paid for as a separate item 7. The Contractor will be responsible for contacting each home or business in close proximity to the storm sewer to be RICIPP lined. That they will be informed of the work to be conducted and the projected length of time for the lining The contact shall be by approved letter or door hanger 48 hours prior to work beginning on the affected section of pipe. A personal contact shall be made 24 hours prior to work beginning. Procurement and Contracts Division Page: 14 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 8. Resin Impregnation — The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube assuring no resin loss through cracks and irregularities in the original pipe wall with viscosity control. A vacuum impregnation process shall be used. A roller system shall be used to uniformly distribute the resin throughout the tube 9. Thermocouples shall be placed between the RICIPP tube and the existing pipe wall at the inversion and discharge locations to monitor the liner temperature. Readings shall be entered on logs that are submitted to the City at the end of each lining. For every five installations, the City's representative will perform a miscibility test demonstrating that water will not mix with the resin system. 10. A Contractor's representative will remove a small amount of catalyzed resin from the saturated liner, when requested and in the presence of the City's representative, prior to inversion. The material will exhibit the characteristic of an elastic gel. A water mix test will be performed on site, catalyzed resin shall be placed in a jar and an equal amount of water added, the jar sealed and shaken vigorously. The material shall not mix or form an emulsion. If the resin material mixes, the saturated liner tube will be rejected and shall be removed from the site. The rejected liner will be removed from the site and disposed of in accordance to federal, state and local requirements. Apre-liner will be required and the thickness of the q q entire circumference of the liner will have to meet or exceed the minimum thickness required by the owner. (See Appendix) 11. At the City's request, at no more than 5 times per 10 inversions, a CCTV camera shall be inserted into the pipe to be lined and positioned within 10 feet of the inverting tube in the presence of the City's.representative. The representative shall view the inversion of the tube from the video monitor in the Contractor's CCTV truck. If resin discharge from the tube is observed, the Contractor will immediately stop the inversion and remove the tube from the pipe. The rejected liner will be removed from the site and disposed of in accordance to Federal, State and Local requirements. 12. Reforming—After insertion is completed,the Contractor shall supply a suitable heat source. The equipment shall be capable of delivering hot fluids throughout the section to uniformly raise the temperature of the liner mass to the temperature required to cure the liner. The heat source shall be fitted with monitors to gauge the temperature and pressure of the fluid injected. 13. Cool down may be accomplished by the introduction of cool water and air or other approved method. 14. During the warranty period, any defects that will affect the integrity or strength of the liner shall be repaired at the Contractor's expense in a manner mutually agreed by the City and the Contractor. 15. The discharge of water from the installation of Liner must not be allowed into any surface area waters. Arrangement can be made to discharge into sanitary sewer lines 3.3 SEALING RICIPP AT MANHOLES 1 Leakage testing of the pipe shall be accomplished during the cure while under positive head. Procurement and Contracts Division Page: 15 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 2. If the RICIPP fails to make a leak tight seal, the Contractor shall apply a sealing material at that point. The seal shall be of a resin mixture compatible with the RICIPP. 3. There shall be no visible leaks in the completed system. During the warranty period, any defects that will affect the integrity or strength of the RICIPP or any visible leaks shall be repaired at the Contractor's expense. 3.4 INSPECTION 1 The Contractor shall inspect all piping to assure that the RICIPP is free from defects in materials and workmanship. 2. Videotape shall be provided to the City showing the completed work. The videotape shall include the pre-installation footage, the tube inversion / installation footage (when required) and the post-installation footage. NO INVOICE WILL BE INITIATED FOR PAYMENT WITHOUT ACCOMPANYING VIDEOTAPE/DVD. 3. RICIPP samples shall meet or exceed the specified structural properties of: Property Results Test Method Minimum Test Result a. Modulus of Elasticity ASTM D-790 250,000 Psi b. Flexural Strength ASTM D-790 4,500 Psi 4. Visual inspection of wet out facility and process parameters noted/inspected (i.e , gap setting). 5. Visual inspection of the CIPP shall be in accordance with ASTM F-1216, section 8.6. 6. IR Spectrum fingerprints must be submitted and approved prior to payment. 7. At least one (1) Miscibility Test will be performed on-site for each five installations. See Appendix. 8. No payments will be made for rejected liner tubes or for liner tubes not meeting this specification requirements including testing. 3.5 DISPOSAL OF DEBRIS 1. Under no circumstances shall sewage or solids be dumped onto the ground surface, streets or into ditches, catch basins or storm drains. 2. The Contractor shall remove all solids or semi-solids resulting from the operations from the site. Trucks hauling solids or semi-solids from the site shall be watertight so that no leakage or spillage will occur. 3. Disposal shall be at a suitable site selected by the Contractor and approved by the appropriate jurisdictional personnel. Exception being, if the Contractor is required to clean the pipe, the City shall provide a dumpsite at a sewerage treatment facility. Procurement and Contracts Division Page: 16 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 3.7 END OF PROJECT SUBMITTALS 1. One videotape copy shall be submitted that shows the conduit prior to lining, the liner being inverted through the pipe in-situ demonstrating that the resin does not drain out of the saturated liner tube and the final inspection of the completed conduit lining 2. Certificates of Authenticity compliance for each shipment of resin and thickener from the resin manufacturer with an IR Spectrum Analysis of both materials from the Contractor, which certifies that all materials meet or exceed ASTM F-1216. 3. Calculations for determiningthe cured liner tube thickness for each lining g shall be submitted prior to installation of the saturated liner tube. 4. All submittals shall demonstrate detailed compliance with the provisions of the contract documents. 3.8 PRICING, TIME FRAME AND EXTRA WORK 1. All pricing must include pre and post video inspection of storm water lines and all light cleaning necessary to be done before inspection and installation of the RICIPP liner. Prices also to include any or all de-watering and plugging and pumping that might become necessary in the performance of job. 2. Installation of RICIPP must be done in a timely manner. Work must be initiated, executed and completed in no more,than 60 days after Notice To Proceed (NTP) is received by Contractor. The NTP will be preceded by a work order listing locations, costs, pipe sizes etc. 3. Extra Work: Contractor may be asked to provide costs associated with the following additional activities on any a site specific basis. 1) Pipe Joint Sealing: To seal leaking joints in a storm line with chemicals, cementitious grouts etc. 2) Man Hole restoration / Grouting: To repair, grout or restore (rehab) storm manholes. 3) Storm water pipes in the 6" to 15" dia. range may also be needed for RICIPP lining. PART 4 APPENDIX 4.1 CHEMICAL THICKENED SYSTEM MISCIBILITY GUIDELINES Purpose: The purpose is to define properties that the resin/resin-impregnated flexible tube must have to perform effectively and consistently in all field conditions. Scope: All resin/resin-impregnated flexible tube materials used must have the following properties (greater than 1.5 million centipoises): 1. Must react/perform in the presence of water. 2. Must withstand submergence in water without degradation (pre-cure and post-cure). 4. Must prevent the passage of water through the sewer pipe joint (infiltration). 5 Must stay at a constant viscosity during reaction period. Procurement and Contracts Division Page: 17 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 6. Must stay in the confines of the host pipe being rehabilitated. 7. Must not produce slugs that require excavation. 8. Shall meet liner thickness per contract/design specifications (0% to +10%) measured eight times around the perimeter. 9. Residual must not impede on downstream lines or water tables. 10. Must withstand internal exposure to sewage/chemical specified. 4.2 MISCIBILITY TEST PROCEDURE 1. Resin+ Chemical Thickener+ Catalyst premixed at wet-out facility. • Fill: test tube/glass-pint jars half full with material. When mixed in the proper proportions and stored at temperatures above 40F, thickening will be complete in 18-24 hours. Once thickening is complete (invert test tube/jar: non-flowing), fill the container full with water, replace lid and mix by shaking. Resin system will be immiscible 2. Resin+ Chemical Thickener. • Mix a 50/50, by volume, mixture of resin + thickener in a glass-test tube/glass-jar. The mixture will thicken to 1.5MM cps in short time (approximately 15 minutes). Once thickening is complete (invert test tube/jar: non-flowing), fill the container full with water, replace lid/seal top and mix by shaking. Resin system will be immiscible All samples / waste should be disposed of properly and in according with State and Federal Regulations. For a more scientific approach-quantifying rate of thickening, see TIME-TEST VISCOSITY METHOD (ASTM D-1545) END OF SECTION Procurement and Contracts Division Page: 18 Storm Line Rehabilitation Cleaning& Video Recording IFB15-0017 GROUP II SPECIFICATIONS FOR INJECTION OF FLOWABLE FILL INTO CAVITIES OR VOIDS ALONG DEFICIENT STORM SEWERS PART 1 GENERAL 1.1 SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment, and tools necessary to inject flowable fill into cavities or voids along a deficient storm sewer. Contractor is responsible for restoring site work area to original condition upon completion. 1.2 QUALITY ASSURANCE Qualifications- The Contractor shall have a minimum of three (3) years experience with the means and methods of the materials utilized and the installation procedures. 1.3 REGULATORY REQUIREMENTS The Contractor shall comply with all applicable laws, rules, regulations or ordinances imposed by all applicable Federal, State, Regional and Local agencies. 1.4 ITEMS FURNISHED BY THE CITY The City will be responsible for the following items pertaining to the work specified herein: A. Necessary local permits. B. Any repairs and/or unordinary obstruction removal necessary to prepare area for work. 1.5 WARRANTY Installation: Provide a full labor and materials warranty for a period of twenty four months from the date of acceptance by the City. PART 2 PRODUCTS 2.1 MATERIALS Flowable fill will be a self-leveling, low-density cementitious back-fill material that attains 100% compaction without tamping or vibrating. It will be capable of replacing compacted soils as a structural fill that drains and is no stronger than the surrounding soil after it has obtained it's ultimate strength. Procurement and Contracts Division Page: 19 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 PART 3 EXECUTION 3.1 A. PREPARATION The Contractor shall carry out his operations in strict accordance with all OSHA Regulations, and manufacturer's safety requirements. Particular attention is drawn to those safety requirements involving entering confined spaces. In addition, the Contractor shall be responsible for implementing traffic control procedures in conformance with City/County/State standards, depending on the jurisdiction of the roadway. B. DISPOSAL OF DEBRIS 1. Under no circumstances shall sewage or solids be dumped onto the ground surface, streets or into ditches, catch basins or storm drains. 2. All solids or semi-solids resulting from the operations shall be removed from the site by the Contractor. Trucks hauling solids or semi-solids from the site shall be watertight so that no leakage or spillage will occur. 3. Disposal shall be at a suitable site selected by the Contractor and approved by the appropriate jurisdictional personnel. END OF SECTION Procurement and Contracts Division Page: 20 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 GROUP III SPECIFICATIONS FOR INTERNAL JOINT SEAL (RUBBER) FOR STORM WATER SEWER SYSTEM PART 1 GENERAL 1.1 SCOPE OF WORK 1. The Contractor shall furnish all labor, materials, equipment, and tools necessary for the installation of Internal Joint Seals (rubber), in existing storm water lines. 2. Only one mobilization fee will be paid per work order issued. The fee paid will be based on the largest diameter seal installed or whichever fee is the highest dollar amount within the work order issued. 3. Storm system dewatering and bypass pumping may not be necessary for every job requiring internal joint seal installations. Dewatering fees will be paid for every storm system that requires dewatering and will be based on the largest diameter of seal installed. 4. The Contractor's representative and the City's representative will agree upon the mobilization fee and dewatering fees (if required) upon issuance of a work order and notice to proceed. 1.2 QUALITY ASSURANCE/QUALIFICATIONS 1. Installer shall have one (1) year experience with the seal to be furnished and in the work described herein. 2. The seal technology furnished shall have a minimum installed history of three (3) years and require approval by the City. 3. Only seal technologies having an approved testing mechanism will be approved. 1.3 REGULATORY REQUIREMENTS The Contractor shall comply with all applicable laws, rules, regulations or ordinances imposed by all applicable Federal, State, Regional and Local agencies. 1.4 ITEMS FURNISHED BY THE CITY The City will be responsible for the following items pertaining to the work specified herein: 1. Necessary local permits. 2. Some repairs and/ or extra-ordinary obstruction removal necessary to prepare line section for work. Procurement and Contracts Division Page: 21 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 1.5 WARRANTY 1. Installation: Provide a full labor and materials warranty for a period of two (2) years from the date of acceptance by the City. 2. Seals: Manufacturer's standard warranty. 1.6 SUBMITTALS AFTER BID OPENING UPON REQUEST 1. Submit three (3) copies of manufacturer's technical literature and recommended installation procedures. 2. List of equipment to be used. 3. Technical data for proposed internal joint seal, including application instructions, and product data. 4. Acknowledgement that-products submitted meet requirements of standards referenced. 5. Safety training documentation to be submitted prior to award. 6 Copies of joint repair records. 1.7 REFERENCES This specification references American Society for Testing and Materials (ASTM) standard specifications, which are made part hereof by such reference and shall be the latest edition and revision thereof. 1.8 DELIVERY STORAGE AND HANDLING A. Deliver material in manufacturer's original unopened containers with labels intact. 1. Rubber membranes shall be individually sealed in plastic bags and packaged in a manner that will not damage or deform them. 2. Labels shall indicate comments and expiration date of material. 3. Membrane shall not be removed from plastic bag until time of use. 4. Membranes shall be stored in a cool dry environment away from direct sunlight. Procurement and Contracts Division Page: 22 Storm Line Rehabilitation Cleaning&Video Recording IFBI5-0017 PART 2 PRODUCTS 2.1 MATERIALS A. Joint Liner: 1. EPDM rubber derivative membrane manufactured in accordance with ASTM- C923. a Material shall be of a resilient EPDM rubber and have a minimum width of 10.5 inches. b. The volume change of rubber shall not exceed 10 % maximum of original by weight after immersion in fresh water at 70 ° C for 48 hours. c. Seals must withstand a minimum of 200 lbf/in. before tearing. 2. Joint Liner Splicing As a test, the seal shall be gripped at a point 6 in. on each side of the splice, and shall be bent in both directions as sharply as possible. The splice shall be capable of passing this bend test without visible separation. No voids or cracks are allowed. B. Bands: 1. Bands for securing rubber membrane across piping joints shall be Type 304 non- magnetic stainless steel, manufactured in accordance with ASTM-A167. 2. Stainless steel bands shall be rolled to the radius of the pipe being renewed. 3. All shop and field welds to be made by certified welders with a minimum of 2 years experience on Type 304 alloy. 4. Weld wire to be T-308 AWS class A5.9. 5. Field welds'are to be made with coated electrode 308/308H, AWS class A5.4. 6. All material specifications to be certified. C. Cement Mortar: 1. For pipe joint scaling and preparation shall be fast setting type and in accordance with ASTM-C150. D. Liquid Joint Lubrication: 1. Liquid joint lubrication to assist in installation of the rubber membrane and bands shall be non-toxic vegetable based. 2. It shall not deteriorate in storage (2 years); work well from 0° to 120°F; shall not adversely affect synthetic rubber gaskets. Procurement and Contracts Division Page: 23 Storm Line Rehabilitation Cleaning& Video Recording IFB15- 0017 3. It shall not be petroleum based and shall not support growth of bacteria. PART 3 EXECUTION 3.1 PREPARATION 1. Safety - The Contractor shall carry out his operations in strict accordance with all OSHA Regulations, City Confined Space Program, Fall Protection Program, and manufacturer's safety requirements. Particular attention is drawn to those safety requirements involving entering confined spaces. In addition, the Contractor shall be responsible for implementing traffic control procedures in conformance with City/County/State standards, depending on the jurisdiction of the roadway. 2. Prior to fitting, seals should be given a good visual examination; if quality of material construction is in doubt, the seals must not be used. 3.2 CLEANING 1. Storm water lines shall be cleared of all debris, roots and other materials that would hinder proper insertion of the liner by the Contractor. 2. All material loosened by the cleaning operations shall be removed at nearest manhole. 3. All surfaces of the structure shall be cleaned with high-pressure hydro jet sprayer with an operating pressure of at least 3500 psi. 4. Structure shall then be pressure rinsed with water. 5. Prevent damage to pipeline, if damaged, it should be repaired at no cost to the City. 6. Television Inspection: a. Storm water line sections to be lined shall be TV inspected with a video recording by the Contractor, noting locations of all obstructions. b. No lining shall be performed until the stormwater line has been properly prepared. If the stormwater line is unacceptable for internal joint sealing, the Contractor shall review the TV inspection report and determine the location(s) where spot repair(s) or additional cleaning is required. The Contractor shall perform additional cleaning where necessary. 3.3 JOINT PREPARATION 1. The area of the pipe where the actual "lip seals" make contact, must be prepared to provide a consistent, permanent seal. 2. All imperfections on sealing surface must be removed by scraping or grinding. Procurement and Contracts Division Page: 24 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 3. Any "deep" imperfections shall be properly filled to the full depth with a non-toxic, quick setting, joint filler(plaster or cement mortar) and rendered "flush" with internal surface of pipe. 4. The pipe should be pre-marked with grease chalk to define preparation areas clearly. 5. In case of concrete pipes, it may be necessary to apply a coat of approved epoxy to the preparation area where the seal will be placed, and/or inject joints with chemical grout to stop water intrusion. 3.4 SURFACE PREPARATION Immediately prior to fitting the seal, the area must be cleaned with a dry brush, and coated with lubricant. Lubricant shall be non-toxic (vegetable based), and "hand applied" so as not to pick up any dirt. 3.5 POSITIONING THE SEAL 1 Before fitting the seal in place, check to see it is not damaged and test unit is tight. 2. Using chalk marks as guides, position seal accurately on the prepared area, bridging the joint gap. 3. Locate test unit in the seal at 9 o'clock or 3 o'clock position; parallel to the joint gap. 3.6 POSITIONING RETAINING BANDS 1. Place three stainless steel bands in the "grooves" provided in the seals. This will transmit the "radial load" evenly to the seal as bands expand. 2. Lock the bands temporarily in position and check for proper alignment before final tightening of band. 3. Tighten bands to the manufacturers recommended torque. 3.7 PRESSURE TESTING 1. Internally sealed areas shall be individually pressure tested. 2. In test 1, used on each section of the pipe after 30 minutes of fitting the seal, a pressure of 10 psig is applied to the seal and a soap and water solution is used to detect any leaks 3. To prevent excessive ballooning of the center membrane, a restraining device is locked on its expanding position during testing. 4. In test 2, a pressure of 5 psig is applied to the seal through the test valve and maintained, while a soap and water solution is used to detect leaks. 5. Following the tests, the test valve of the seal is plugged. Procurement and Contracts Division Page: 25 Storm Line Rehabilitation Cleaning& Video Recording IFB15-0017 3.8 INSPECTING After the work is completed the Contractor shall provide the City with a videotape or DVD showing the completed work, including, the restored conditions. Extremely large diameter pipe will require the use of a handheld video camcorder for post-installation verification. Smaller diameter pipe shall have the post-installation verification done with CCTV recording equipment. NO INVOICE WILL BE INITIATED FOR PAYMENT WITHOUT ACCOMPANYING VIDEOTAPE. 3.9 DISPOSAL OF DEBRIS 1. Under no circumstances shall sewage or solids be dumped onto the ground surface, streets or into ditches, catch basins or storm drains. 2. All solids or semi-solids resulting from the operations shall be removed from the site by the Contractor. Trucks hauling solids or semi-solids from the site shall be watertight so that no leakage or spillage will occur. 3. Disposal shall be at a suitable site selected by the Contractor and approved by the appropriate jurisdictional personnel. END OF SECTION Procurement and Contracts Division Page: 26 Storm Line Rehabilitation Cleaning& Video Recording 1FB15-0017 SPECIAL CONDITIONS CLAUSES Bid Security: Bid Security shall be made payable to City, in an amount equal to ten percent of the bidder's Total Base Bid in the form of a certified check, cashier's check, or a Bid Bond issued by a Surety that is licensed to conduct business in the State of Florida and has at least an "A-" rating in accordance with the most current A.M. Best Company financial strength rating. The Bid Security of the low bidder shall be retained until such time as the City has executed and provided the awarded bidder with the Contract and Acceptance Form, and the bidder has furnished the required contract security, any insurance certificates and endorsements, whereupon it will be returned. If the low bidder fails to comply with the solicitation requirements, or to furnish any required contract security or required insurance certificates and endorsements, within seven (7) days of the notification of intended award, the City may cancel the intended award and the Bid Security of that bidder may be forfeited up to the difference between the total bid of the forfeited bidder and the next lowest bidder. The Bid Security of all other bidders may be retained until the earlier of thirty (30) days after execution of the Contract and Acceptance Form or ninety (90) days after bid opening, whichever occurs first. Quantities 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. Site Conditions The bidder, having visited the site and familiarized themselves with the local conditions, nature, and extent of the work, and having examined carefully the specifications and Terms and Conditions herein, proposes to furnish all equipment, labor and materials without exception for the proper execution and completion of the work and if awarded the contract, to complete the said work within time limits as specified for the following bid prices. Favored Customer Clause: 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. Procurement and Contracts Division Page: 27 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 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, or is engaged in business operations in Cuba or Syria, 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 Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 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 and are not engaged in business operations in Cuba or Syria. 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 or is found to have been engaged in business operations in Cuba or Syria. 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 or engaged in business operations in Cuba or Syria 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) of the Florida Statutes are met. .Procurement andContractsDivision Page: 28 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 GENERAL CONDITIONS Bidder should read and follow the following instructions. 1 EXECUTION OF BID Bid must contain a manual signature of an authorized 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 contain the date and time of the bid opening and the bid number Bids not submitted 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 time specified on the bid form,with the total bid amount being read aloud 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 prices 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 prices shall be quoted F 0 B delivered to any City of Orlando Department unless otherwise stipulated in the bid invitation Bidder is requested to offer cash discount for prompt invoice payment it is the policy of the City of Orlando to make payments of invoices in 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 Accounts Payable Office,whichever is later a) TAXES: The City of Orlando does not pay Federal excise and State sales taxes Our tax exemption number is 85-8015427957C-9 and is also stipulated on all our Purchase Orders b) POLITICAL SUBDIVISIONS: Under Florida Law,prices contained 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 in the best interest of the City c) MISTAKES: Bidders are expected to examine the specifications,delivery schedules,bid prices, and all instructions pertaining to supplies and services Failure to do so will be a bidder's risk 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 in the bid,all manufactured items and fabricated 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 Florida Statutes, upon submission 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 outlined 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,Florida 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 firm or any of its branches 7 AWARDS: As the best interest of the City of Orlando may require,the right 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 informality or technicality in bids received 8 INSPECTION,ACCEPTANCE,and TITLE: Inspection and acceptance will be at destination unless otherwise stipulated Title and risk 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's Chief Procurement Officer shall be final and binding on both parties All disputes between the parties shall be resolved in accordance with the City Procurement 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 herein apply Lack of knowledge by the bidder will in 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 liability of any kind in the performance of or fulfilling the requirements of the purchase order or contract 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. . Procurement and Contracts Division Page: 29 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 STANDARD TERMS AND CONDITIONS 1. RECEIPT OF BIDS: a. Sealed bids, one (1) original and one (1) copy, shall be submitted to the Procurement and Contracts 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 City's Chief Procurement Officer (CPO), at the address listed below. Bids submitted by mail must be received in the office of the Procurement and Contracts 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 office of the Procurement and Contracts 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 Procurement and Contracts 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 Procurement and Contracts 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 office of the Procurement and Contracts 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 office of the Procurement and Contracts Division at the address listed below. Sealed bids are to be addressed as follows: City of Orlando Procurement and Contracts Division Attention: David Billingsley, CPSM, C.P.M. Chief Procurement Officer C/O Silvia Coste Purchasing Agent II 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 Procurement and Contracts Division Page: 30 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 2. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS: a. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation). Except for communication with the City's designated point of contact set forth in this solicitation or as otherwise authorized by the City's Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a respondent or potential respondent (or on a respondent or potential respondent's behalf) to or with any officer, elected official (including the Mayor and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation. During the prohibited communication period, all contacts and communications regarding the solicitation by a respondent, or potential respondent, including their agents, representatives and others on their behalf, shall be directed to the City's Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City's Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a respondent or potential respondent under the City's Procurement Code. b. Any questions by a bidder relative to the interpretation of specifications or the bid process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline, questions must be received by the Procurement and Contracts Division ten (10) days prior to the date set for the receipt of bids. Please see the "Written Question(s) Form" under Forms and Submittals Section of this solicitation. Any interpretation made to prospective bidders with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline 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 Procurement and Contracts 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. All communication and contact regarding this solicitation shall be directed to the Purchasing Agent referenced on the cover page of this Invitation for Bid: Silvia Coste, Purchasing Agent II City of Orlando Procurement and Contracts Division City Hall at One City Commons 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 (407) 246-2291 Fax (407) 246-2869 Website: http://www.cityoforlando.net/admin/purchasing/index.htm Procurement and Contracts Division Page: 31 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 3. TERM OF THE CONTRACT: The term of the contract resulting from the solicitation, shall be for an initial twelve (12) month period. The contract may, by mutual assent of the parties, be extended for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months. 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 or contact the Procurement and Contracts Division 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 by the Procurement and Contracts Division at the address on the cover of this solicitation no later than ten (10) days prior to the bid opening. Procurement and Contracts Division Page: 32 Storm Line Rehabilitation Cleaning& Video Recording IFB15-0017 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. Bidders are strongly encouraged to submit equivalent equipment or materials for consideration 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 Procurement and Contracts 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. Procurement and Contracts Division Page: 33 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 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. 14. OPENING OF BIDS: Sealed bids will be received in the Procurement and Contracts Division until the due date and time as specified in this Invitation for Bid. Bids will be opened and the total bid amount shall be publicly read aloud immediately following the published due date and time. No responsibility will attach to the City 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. 15. 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. 16. 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"a 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. 17. IRREGULAR BIDS: Bids made on other than the documents furnished by the Procurement and Contracts 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. The City's Chief Procurement Officer, however shall have the authority to waive minor irregularities. Procurement and Contracts Division Page: 34 Storm Line Rehabilitation Cleaning& Video Recording IFB15-0017 18. UNBALANCED BIDS: At determined by the City's Chief Procurement Officer in the CPO's discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are, or appear to be, excessively unbalanced. 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 City's Chief Procurement Officer. 20. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the responsive and responsible bidder who submits the lowest bid meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible bidder submitting the lowest bid shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City's MBE/WBE program and VBE preference. In determining whether a bidder is responsible, 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 City's Chief Procurement Officer 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 City's Chief Procurement Officer 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 City's Chief Procurement Officer: 1. The ability, capacity and skill of the bidder to perform the service required. 2. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. 3. The character, integrity, reputation,judgment, experience and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. Procurement and Contracts Division Page: 35 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 7. The quality, availability and adaptability of the supplies, or services, to the particular use required. 8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. 9. 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. 10. Such other information as may be relevent or secured. 22. SELECTION/REJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options which are bid, based on price and other considerations as 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. Procurement and Contracts Division Page: 36 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 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. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale 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 it from any obligations with respect to its 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 If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later. 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: 1 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 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. Procurement and Contracts Division Page: 37 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 2. 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. 32. APPLICABLE LAW AND APPEALS: 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://library.municode.com/index.aspx?clientId=13349 or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code. 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. The Contractor warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one (1) year from completion of the Work, the Contractor shall, at the City's option, either reperform such portions of the Work to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the work provided by other Contractors. 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 City's Chief Procurement Officer 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. Unless otherwise agreed by the City in its sole discretion, the Contract and Acceptance form shall be executed and notarized as follows. ' Procurement and Contracts Division Page: 38 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 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.). 1. If bidder is a Partnership, the Contract and Acceptance Form shall be signed by a general or managing partner. 2 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. 3. 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 Procurement and Contracts 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: The City will be deemed to have accepted the Work after the City's Chief Procurement Officer is notified by the using Department of its satisfaction that the Work is completed, in accordance with solicitation specifications. The Work under this Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the specifications, the City reserves the right to cancel the Agreement upon written notice to the Contractor. 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 City's Chief Procurement Officer or the CPO's designee. 37. INDEMNIFICATION: The awarded bidder agrees to indemnify and hold harmless the City, its elected officials, 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 Procurement and Contracts Division Page: 39 Storm Line Rehabilitation Cleaning& Video Recording IFB15-0017 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: 1. General Insurance Requirements. 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. 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. 2. Subcontractors. Unless expressly specified otherwise in this solicitation, a Contractor and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City's approval of insurance coverage to be maintained by a Contractor and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary. 3. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor's and his subcontractors' initiation of performance, the Contractor and its subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of insurance for a Contractor and subcontractor-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement and Contracts Division at the address set forth for delivery of the bid. Procurement and Contracts Division Page: 40 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 4. Additional Insureds. All insurance coverages furnished under a contract except Workers' Compensation and Employers' Liability shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its subcontractors. The City shall not by reason of their inclusion under these policies incur liabililty to the insurance carrier for payment of premium for these policies. 5. Waiver'of Subrogation. The Contractor and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents and employees and against other Contractors and subcontractors. 6. Types of Coverage to be Provided. The awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract. (i) Workers' Compensation and Employer's Liability This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an"all states" or "other states" endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers' compensation coverage must still be provided for all employees, sub-contractors not eligible for exemption. The liability limits shall not be less than: Workers' compensation Statutory Employer's Liability $100,000 each occurrence (ii) Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iii) Commercial General Liability. This insurance shall be an "occurrence" type policy (excluding automobile liability) written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a "contractual liability" endorsement to insure the contractual liability assumed by the Contractor under its contract with the City, and "completed Operations and Products Liability" coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor's work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage Procurement and Contracts Division Page: 41 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence 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 Chief Procurement Officer or the CPO's 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; Procurement and Contracts Division Page: 42 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 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. All invoices, in order to be classified as a proper invoice, shall be delivered to Accounts Payable, Business and Financial Services 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 Division which has the dispute along with a representative of the City's Procurement and Contracts 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 City's Chief Procurement Officer 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 in 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 Procurement and Contracts Division Page: 43 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 45. TERMINATION FOR CONVENIENCE: The City's Chief Procurement Officer 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. 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 Procurement and Contracts 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. Procurement and Contracts Division Page: 44 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 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. 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 citizens of the City 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 specified or 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. Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the Contract. To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119.0701(2)(a) through (d) of the Florida Statues. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County, Florida. Procurement and Contracts Division Page: 45 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 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. 55. ORDER OF PRECEDENCE: This solicitation shall be included and incorporated in the purchase order or contract resulting from this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract, shall be deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in 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. 56. PATENTS AND COPYRIGHTS: The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. 57. TERMINATION FOR DEFAULT: The performance of Work under the contract may be terminated by the City's Chief Procurement Officer, in whole or in part, in writing, whenever the Chief Procurement Officer shall determine that the Contractor has failed to meet the performance requirements of the contract. The Chief Procurement Officer has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the contract, or if the Contractor fails to perform any other provisions of the contract. Notwithstanding the preceding, nothing herein shall be deemed to preclude the Chief Procurement Officer in the CPO's sole discretion on a case by case basis from providing the Contractor with written notice and a reasonable opportunity to cure the default prior to termination. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Chief Procurement Officer or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Chief Procurement Officer, shall constitute authority for the Chief Procurement Officer to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, or not completed. On all such purchases, the Contractor or his surety, shall reimburse Procurement and Contracts Division Page: 46 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 the City, within a reasonable time specified by the Chief Procurement Officer, for any expense incurred in excess of the contract prices. Such purchases shall be deducted from contract quantities or work Should public necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. Nothing herein shall be deemed to preclude the City's exercise of any other rights or the City's pursuit of any other remedies that it may have herein or under law or in equity, including but not limited to any right of the City to terminate the contract for convenience. 58. TIME OF COMPLETION: The parties understand and agree that time is of the essence in the performance of the contract. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City's Chief Procurement Officer may at the CPO's discretion, cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. 59. CORRECTION OF WORK: The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to the contract whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 60. INFORMATION: All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to the contract, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents as necessary to perform the Work Procurement and Contracts Division Page: 47 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 61. SAFETY MEASURES: The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workmen and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. 62. EXTRA WORK: The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written amendment to the contract, and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule/term, it shall first give the City written notice within ten (10) calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the City's Chief Procurement Officer, before proceeding to execute the Work, except in an emergency endangering life or property, in which case the Contractor shall immediately proceed. No claim for extra work will be considered valid by the City unless first submitted in writing. 63. FAMILIARITY WITH THE WORK: The Contractor acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof It is understood that the execution of the contract by the Contractor serves as his stated commitment to fulfill all the conditions referred to in the contract. 64. TITLE AND RISK OF LOSS: The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of the Work. 65. TRADE NAMES: In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the bidder proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each bidder clearly states in his bid or proposal exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by his bid. The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified and if no data is required to be submitted with the bid, the successful Contractor after award and before manufacturer or shipment may be required to submit working drawings or detailed descriptive data Procurement and Contracts Division Page: 48 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 sufficient to enable the City to judge if such requirement of the specification is being complied with. 66. FEDERAL, STATE, AND LOCAL RULES/APPROVALS: The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. 67. CLEAN WORK AREA: The Contractor shall at all times, keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any such materials to an approved disposal location. 68. MISCELLANEOUS PROVISIONS: By submitting a bid, the bidder shall be deemed to have certified that the contract is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the work covered by the contract and is in 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, regarding the subject matter of the contract shall be deemed to exist or to bind either party thereto. If any section, sentence, clause, phrase, provision, or other portion of the contract is, for any reason, held invalid or unconstitutional by a court or other body of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the contract. The contract is solely for the benefit of the parties to the contract and no causes of action shall accrue upon or by reason thereof to or for the benefit of any third parties. The City's Chief Procurement Officer 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. Procurement and Contracts Division Page: 49 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 CONTRACT AND ACCEPTANCE FORM FOR SOLICITATION NO. IFB15-0017 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 (ii) the undersigned's bid in re-0onse to the Solicitation, including all schedules and forms submitted with the bid, all of which are ,reby incorporated herein by this reference, shall constitute the formal written contract between the JAA and the undersigned. State of rLO, k SIGNATURE / n County of SEh?/�UDL.�� ii A` ' $ V" Sworn to or affirmed)and subscribed before me NAME&TITLE,TYPED OR PRINTED thiso�7fay of AvJi'& 11 ' ,2014, by ,*Ok1 5; ✓, NAME OF BUSINESS S':,ature • Notary s2S3/ 7E/,M 77 419.2u& Notary Public,State of F2-BI - MAILING ADDRESS S��raa, r r` ..g3- 7 7 I �•ersonally Know (circle if ap licable) iNailageriaboadimibmie — — �� CITY,STATE,ZIP CODE -OR- ft' "' JANET C.0100NATOI ;? Notary Public•State of Florida PHONE:(447) `/ Z 40/TProduced Identification ::-.2;- yComm bpiianr_i a Sep te,20te ' 0 in Z'dog'? 'fF 13T6Td FAX:( ) Type of Identification: E-MAIL: Apia'. 6.1-,04,4)6 l t'j .eOnt • FOR USE BY THE CITY OF ORLANDO ONLY This contract is awarded to the party listed above as a: Primary Supplier: V Secondary Supplier: This contract is for: All Item Numbers: / or Item Numbers: INITIAL CONTRACT TERM:De e.. 16,a dy to I u e,. st' t a , 2.015- ACCEPTANCE: Ol5- ACCEPTANCE: APPROVED AS TO FORM AND LEGALITY CITY OF ORLANDO,FLORIDA , for the use and reliance of the City of Orlando, Florida,only. ' By: Ai /tu„-., Chief Procurement Officer Assistant City Attorney ORLANDO,FLORIDA DAVID BILLINGSLEY.CPSM.C.P.M. Date: ..1-7 .e C'Q `. 'i v— ‘(6 ,2014 Date: b&e4r,%_.A- /5 ,2014 Procurement and Contracts Division Page: 53 Storm Line Rehabilitation Cleaning&Video Recording IFB15-0017 ADDENDUM ACKNOWLEDGMENT FORM: The undersigned acknowledges receipt of the following addenda to the Documents(Give number and date of each): Addendum No. / Dated Nov. 1/, 10/S Addendum No. o' Dated it/&V /Z 2D/'jL- Addendum No. Dated d OV !�i G'1' Addendum No. Dated Addendum No. Dated Failure to submit acknowledgment of any Addendum that affects the Bid prices is considered a major irregularity and will be cause for rejection of the bid. /.1‘ imdos Company Signature m '5 v/ee P/'i �s,bbiv1 Title Procurement and Contracts Division Page: 60 '� ; i . ` 000000oo00oQcQQ00Q0 $ $ $ 0a ; ::. <- 00000000 c in LD N. 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