443395-1-58-01_Hungerford_Elementary_School_Sidewalk_Gaps_SRTS_LAP.pdf

IFB26-8

443395-1-58-01 HUNGERFORD ELEMENTARY SCHOOL

SIDEWALK GAPS SRTS (LAP)

DEADLINE FOR QUESTIONS: February 2, 2026

RESPONSE DEADLINE: February 11, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/cityofwinterpark

Sealed responses must be received and time stamped on or before the date and time referenced above electronically via City’s e-Procurement Portal. Any responses received after 2:00 pm on said date will not be accepted under any circumstances. Under no circumstances shall the City be responsible for untimely submissions, late deliveries, or delayed response.

City of Winter Park

INVITATION FOR BID

443395-1-58-01 Hungerford Elementary School Sidewalk Gaps

SRTS (LAP)

I. Introduction II. Bid Preparation & Submittal

III. Scope of Services IV. Standard Terms & Conditions V. Summation of Insurance Requirements

VI. Pricing Proposal VII. Vendor Requirements & Acknowledgement

Attachments:

A - LAP Div1 Spec Sheet_1.6.2026

B - T580-Root-Barrier_S+S_3.13.25

C - FDOT_DBE_Bid_Package_Info_275-030-11_rev7.24

D - LAP_Certification_of_Current_Capacity_525-010-46_rev9.20

E - FDOT Cert of Lobbying_375-030_33_rev1.24

F - FDOT Cert. of Debarment and Suspension_375-030-32_rev11.15

G - FDOT Non-Collusion Declaration & Compliance_575-060-13_rev5.01

H - Sworn_Statement_Under_Section_287.133(3)(a),_Florida

I - FDOT Disclosure of Lobbying_375-030-34_rev2.25

J - FDOT Affidavit Regarding Labor and Services_375-030-31_rev7.24

K - Construction Schedule

L - Affidavit of Compliance with Section 287.138

M - 44339515801_Plans_01_Roadway-PC_S+S_5.21.2025

1. Introduction

1.1. Summary

Electronic submissions must be received and time stamped by City of Winter Park's eProcurement portal on or before 2:00 pm Wednesday, February 11, 2026. Any responses received after said time and date will not be accepted under any circumstances. Official time will be measured by the time stamp from the eProcurement portal, which shall be scrupulously observed. Under no circumstances shall City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

The project consists of installing and repairing sidewalks and pedestrian crossings in various locations that facilitate access to the Hungerford Elementary School. The project limits are from the intersection of E. Kennedy Boulevard and S. College Avenue to the intersection of Monroe Avenue and Margaret

Square. There are two (2) sets of Rectangular Rapid Flashing Beacon systems proposed in this project.

1.2. Contact Information

Rebecca Watt

Contract Agent

401 S Park Ave

Winter Park, FL 32789

Email: rwatt@cityofwinterpark.org

Phone: (407) 599-3315

Department:

Public Works & Transportation

1.3. Timeline

All times, dates and actions are subject to change. In accordance with F.S. 286.0113, portions of the meetings may be exempt from public meetings requirements. All interested parties are welcome to attend the non-exempt portions of the public meetings.

Advertisement Date January 12, 2026

Question Submission Deadline February 2, 2026, 5:00pm

Bid Submission Deadline February 11, 2026, 2:00pm https://events.gcc.teams.microsoft.com/event/ daadfb57-584d-4c21-8708-

61f1e58db0b5@ce570d9a-72a2-4665-8324-

4af4c1e8acf9 mailto:rwatt@cityofwinterpark.org tel:(407)599-3315 https://events.gcc.teams.microsoft.com/event/daadfb57-584d-4c21-8708-61f1e58db0b5@ce570d9a-72a2-4665-8324-4af4c1e8acf9 https://events.gcc.teams.microsoft.com/event/daadfb57-584d-4c21-8708-61f1e58db0b5@ce570d9a-72a2-4665-8324-4af4c1e8acf9 https://events.gcc.teams.microsoft.com/event/daadfb57-584d-4c21-8708-61f1e58db0b5@ce570d9a-72a2-4665-8324-4af4c1e8acf9 https://events.gcc.teams.microsoft.com/event/daadfb57-584d-4c21-8708-61f1e58db0b5@ce570d9a-72a2-4665-8324-4af4c1e8acf9

2. Bid Preparation & Submittal

2.1. Obtain Documents

Documents can be downloaded by visiting the City's Procurement Portal. If you experience any problems downloading the document, please contact the OpenGov system support via the Tech

Support chat on the website, email at procurement-support@opengov.com, or by phone at 650-336-

7167.

2.2. City is Not an Administrative Agency

To the fullest extent allowed by law, the City of Winter Park is not an administrative agency subject to the bid procedures specified in Section 120.57(3), Florida Statutes, as it may be amended.

2.3. Preparation of Bids

Bids shall be submitted using the Procurement Portal unless otherwise requested within the specification. Complete each item requested and submit one (1) original electronic copy in the City's

Procurement Portal. Bids shall be submitted electronically by the Respondent where the Respondent is a corporation, limited partnership, limited liability company, or entity other than an individual. A

Respondent may be requested to present evidence of its experience and qualifications and the entity's financial ability to carry out the terms of any resulting contract.

If your response contains any information deemed confidential, provide an additional redacted version of your response labeled "Redacted." An electronic copy (Microsoft Word or Adobe) shall be submitted within the Vendor Requirements & Acknowledgement.

2.4. Bid Submittal

Bids shall be submitted directly to the City's Procurement Portal. Submit bid in accordance with the instructions listed herein regarding the time and date required. Responses received after the time requirement will not be opened and will not be considered for award. It is the Respondent’s sole responsibility to be sure its response is submitted to the City's Procurement Portal by 2:00 pm

Wednesday, February 11, 2026. The City will not be responsible for any bid submitted incorrectly or formatting errors.

All bids must be prepared and submitted in accordance with the instructions provided in this Invitation for Bid (IFB). Each bid received will be reviewed to determine if it is responsive to the submission requirements outlined in the IFB. A responsive bid follows the requirements of the IFB, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments required. Failure to comply with these requirements may deem your bid non-responsive.

Pursuant to Section 287.05701, Florida Statutes, the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor or give preference to a vendor based on the vendor’s social, political, or ideological interests.

https://procurement.opengov.com/portal/cityofwinterpark/ mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/102445/document?section=932799

3. Scope of Services

The City of Winter Park is seeking bids for 443395-1-58-01 Hungerford Elementary School

Sidewalk Gaps SRTS (LAP) and is open to all parties that meet the requirements of this solicitation.

3.1. 443395-1-58-01 Hungerford Elementary School Sidewalk Gaps SRTS (LAP)

This Safe Routes to School Local Agency Project is to improve the walkability to the Hungerford

Elementary School. The project will implement new and enhance the existing sidewalks and crossings from Monroe Avenue by Margaret Square to the intersection of E. Kennedy Boulevard and S. College Avenue. In addition, to increase the safety of the students crossing the streets, two (2) sets of Rectangular Rapid Flashing Beacon systems will be installed with this project.

4. Standard Terms & Conditions

4.1. Basis of Bids/Proposals

The words “Bid” and “Proposal” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions. Respondent will include all cost items; failure to comply may be cause for rejection. No segregated bids or proposals or assignments will be considered. It is the intent of the City to promote competitive bidding. It shall be the Respondent’s responsibility to advise the

Procurement Division of any language, requirements, etc., or any combination thereof, which the

Respondent feels may inadvertently restrict or limit the requirements stated in the specifications to a single vendor or manufacturer. Such notification must be made in writing at least seven (7) business days prior to the opening date and time of the bid/proposal.

4.2. Bid Surety

Each bid must be accompanied by the Respondent’s money order, cashier’s check, certified check, or bid bond made payable to the City of Winter Park in the amount of five percent (5%) of the amount of the bid. This amount will serve as bid surety and will be forfeited to the City as liquidated damages in the event an award is made, and the necessary contract documents and bonds are not promptly and properly executed as required. All bid surety monies submitted to the City will be held until the awarded bidder has submitted the proper paperwork. At such time as a contract satisfactory to the

City has been completed with the Successful Respondent, bid surety will be returned to the unsuccessful Respondents.

4.3. Performance & Payment Bonds

Upon contract award, the Successful Respondent shall be required to furnish and pay for bonds covering the faithful performance of the contract and payment of all obligations arising thereunder by delivering to the City a Performance & Payment Bond (“P&P Bond”). The P&P Bond shall be furnished in the amount equal to one hundred percent (100%) of the annual contract price, with a surety company acceptable to the City. The P&P Bond must be effective from the beginning of the project until the City has acknowledged satisfactory performance. Please be advised that the surety or sureties must agree to adjust the bonds to the contract price as it may be modified by approved change orders and will be deemed to legally and conclusively waive notice of such change. All bonds (Bid Surety and/or P&P) are to be issued from a company licensed to sell bonds in the State of Florida and with a rating no less than “A” in the Best Key Rating Guide. The City has the right but not the obligation to verify that these requirements are met. The P&P Bond must be delivered to the City on the specified date. Failure or neglect to deliver said bonds as specified shall be considered as having abandoned the contract. Letters of Credit are not acceptable in lieu of the required bonds. The City, in its sole discretion, reserves the right to waive this requirement.

4.4. Submission of Supporting Documents

The Successful Respondent shall furnish all required documents within ten (10) business days after notification of award. If the Successful Respondent fails to furnish the required documents within ten

(10) business days, the City may withdraw the award and award to the next lowest responsive, responsible Respondent whose bid provides the best value to the City.

4.5. Bid Prices

The Respondent warrants by virtue of bidding that the prices, terms, and conditions quoted in this bid will be firm for ninety (90) days from the date of the bid opening unless otherwise specified by the

Respondent and shall not be amended after the date and time of the bid opening. Any attempt by a

Successful Respondent to amend said bid prices except as otherwise provided herein shall constitute a default.

Amounts specified herein are for fixed-price work or products, including all prices for equipment, labor, and materials required to perform the work or deliver the product(s) specified herein. The Respondent, having familiarized itself with the local conditions and conditions listed here, proposes to furnish all labor, materials, equipment and other items, facilities and services, without exception, for the proper execution and completion of the contract, and if awarded the contract, to complete the required work or deliver the required product(s) as specified within the bid/proposal package set forth by the City of

Winter Park.

4.6. Delivery

All prices shall be FOB Destination, City of Winter Park, Florida. Delivery dates and warranties must be written out and submitted with bids. We insist delivery dates be met as specified. There will be no additional charge for multiple delivery locations.

4.7. Invoicing & Payment

Unless otherwise agreed to by the City, payment terms will be thirty (30) days net from receipt of invoice unless an appropriate prompt payment discount is provided and accepted. Payment shall be made by the City only after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced, and the invoices are in all respects satisfactory to the City and appropriate for payment. All invoices shall bear the purchase order number or IFB number. Payment and disputes involving invoices and payments shall be governed in accordance with Part VII, Chapter 218, Florida Statutes (Local Government Prompt

Payment Act).

4.8. Visa Acceptance

The City of Winter Park has implemented a purchasing card program, using the Visa platform.

Successful Respondent may receive payment from the City via purchasing card in the same manner as other Visa purchases. Visa acceptance is preferred but is not the exclusive method of payment.

4.9. Taxes

The City is exempt from Federal Excise and Sales taxes. Tax exemption number: 85-8012621708C-8.

4.10. Mistakes

Respondents are expected to examine the specifications, delivery schedule, bid prices, extensions and all other instructions provided herein. Failure to do so will be at the Respondent’s risk. The City is not obligated to give Successful Respondent extra payments for conditions which can be determined by examining the site and documents. In case of mistake in extended price, the unit price will govern and the Respondent’s total offer will be corrected accordingly.

4.11. Minor Informalities or Irregularities in Bids

A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, or delivery is negligible when contrasted with the total cost or scope of the acquired supplies or services. The procurement officer either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the

City. Examples of minor informalities or irregularities include the failure of a bidder to

A. Furnish required information concerning the number of its employees;

B. Sign its bid, but only if-

1. The undersigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned bid (such as the submission of a bid guarantee or a letter signed by the bidder, with the bid referring to and clearly identifying the bid itself); or

2. The firm submitting a bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature and submits evidence of such authorization and the bid carries such a signature;

C. Acknowledge receipt of an amendment to an invitation for bids, but only if-

1. The bid received clearly indicates that the bidder received the amendment, such as where the amendment added another item to the invitation and the bidder submitted a bid on the item; or

2. The amendment involves only a matter of form or has either no effect or merely a negligible effect on the price, quantity, quality, or delivery of the item bid upon.

4.12. Contract Award

The City reserves the right to:

• cancel the bid;

• reject any or all bids;

• waive any minor informalities or technicalities in responses received, as may be deemed in the best interest of the City in the City’s sole discretion.

The City reserves the right to award the contract to the lowest responsive, responsible Respondent who submits a bid meeting specifications in a way deemed most advantageous and the best value to the City in the City’s sole discretion. The City further reserves the right to consider matters such as, but not limited to, the quality offered delivery terms, and service reputation of the vendor in determining the most advantageous bid. The City reserves the right to demand additional information or clarification with respect to any bid or submission from one or more Respondents, with such a request being furnished to all Respondents. Failure to respond or to provide adequate information in response shall be grounds for disqualification in the sole discretion of the City. Information received upon such a request for additional information or clarification may be relied upon by the City in determining the most advantageous bid for purposes of making an award.

4.13. Contract Terms at Variance with This Document, Bid or Specifications

This formal solicitation expressly limits acceptance to the terms of this document. If the Respondent submits a bid that contains additional terms and conditions then, at the option of the City, it may award the contract to such Respondent but without the contractual terms that were included in the bid and which are inconsistent with or different from the language in this invitation, and the bid specifications and this document so long as the bid is otherwise responsive to this document and the bid specifications with the inconsistent language stricken. The Respondent hereby agrees that by making a bid based upon this invitation, that any term or condition inconsistent with this document or the bid specifications shall be null, void and stricken by the City. Without limitation, the following contract terms and provisions shall be deemed inconsistent and will be stricken:

A. Any provision that changes the venue for any type of dispute resolution to a location outside of Orange County, Florida.

B. Any provision that applies the law of any jurisdiction other than the law of Florida.

C. Any provision that provides for a dispute resolution method other than resolution in the court of appropriate jurisdiction and venue (although non-binding mediation in Orange County, Florida using a mutually agreed mediator will not be deemed inconsistent). Dispute resolution through arbitration or through any other tribunal court of appropriate jurisdiction and venue

(in Orange County, Florida).

D. Any provision that provides for attorneys’ fees to the prevailing party in any litigation between or among the parties is inconsistent and shall be stricken.

E. Any provision that limits the remedies and warranties available to the City under applicable provisions of Florida law shall be inconsistent and stricken. Although the Uniform Commercial

Code and Florida law will allow for limitation of warranties and remedies, such limitations are also inconsistent with the intent of this formal solicitation and will be stricken from the contract if awarded. It is the intent of the parties that the City shall reserve all of its rights of warranty and remedies available to the fullest extent under Florida law, without limitation.

F. Any provision that alters the risk of loss and/or FOB point of responsibility with respect to goods in transit that are inconsistent with the provisions of this document or the bid specification shall be inconsistent and stricken.

G. Any provision that provides for the City to hold harmless and indemnify another party shall be inconsistent with this formal solicitation and stricken.

H. Any provision that, to any extent, waives, alters or modifies, or purports to do so, the sovereign immunity rights of the City shall be deemed to be inconsistent with this formal solicitation and shall be stricken.

I. Any bid that purports to establish a lien or security interest in any property sold by the vendor or any other property of the City shall be deemed unlawful and inconsistent with this formal solicitation and stricken.

J. Any term that is proposed that would alter the rate of interest and terms for payment in a manner inconsistent with this formal solicitation shall be deemed to be stricken although to the extent the Florida Prompt Payment Act applies, that statute shall govern, with the City reserving all rights under such Act.

K. Any provision that purports to establish liability against the City for any indirect, incidental, special, or consequential damages, included but not limited to, delay damages.

4.14. Modifications & Withdrawals

Proposals may be modified at any time prior to the bid open date and time. To change a bid, login to your vendor account: https://procurement.opengov.com/portal/cityofwinterpark, go to your submitted proposal and select “Unsubmit Proposal”, make the required changes, and submit the proposal again.

Proposals may be withdrawn any time before the bid open date and time. To withdraw a bid, login to your vendor account: https://procurement.opengov.com/portal/cityofwinterpark, go to your submitted proposal. select “Unsubmit Proposal."

HOWEVER – NO PROPOSAL MAY BE WITHDRAWN OR MODIFIED AFTER THE PUBLIC

OPENING and shall constitute an irrevocable offer for a period of ninety (90) days to provide to the

City the services set forth in this formal solicitation or until one or more of the bids have been awarded.

4.15. Disqualifications

The City of Winter Park reserves the right to disqualify bids/proposals, before or after opening, upon evidence of collusion with intent to defraud or other illegal practice upon the part of the Respondent.

Respondent also warrants that no one was paid or promised a fee, commission, gift or any other consideration contingent upon receipt of an award for the services or product(s) and/or supplies specified herein.

4.16. Bid Costs

Costs related to the preparation of a response to this formal solicitation are solely those of the

Respondent, and the City assumes no responsibility for any such costs incurred by the Respondent.

4.17. Protests & Procurement Policy

If a protest is filed, it shall be in accordance with the procedures outlined for bid protests in the City’s

Procurement Policy. The Procurement Policy is incorporated herein by reference and is available online at the City of Winter Park Procurement Division website. In the event of any inconsistency or ambiguity between the terms of the Procurement Policy as compared with the terms of this document https://procurement.opengov.com/portal/cityofwinterpark https://cityofwinterpark.org/departments/administration/procurement/ and the specifications at issue, the terms of this document and the specification at issue shall govern and control.

If a Respondent prevails in a protest action, the City of Winter Park’s liability shall be limited to reimbursement of the actual bid costs (as defined in the section above entitled “Bid Costs”) proven to have been incurred and paid by the Respondent. No other damages, including but not limited to damages for lost profits, lost business opportunity and/or compensatory or consequential damages of any type or special damages of any type shall be due to or recovered by the prevailing vendor in a bid protest, even if the contract is awarded by the City to another Respondent, if the bid protester has failed to obtain an injunction against making such award.

Any party responding to a formal solicitation issued by the City, that contends that another Respondent is disqualified from bidding for any reason, including allegation that the other entity is not legally qualified to respond or lacks appropriate visa or citizenship status, may also raise such issue through the means of a protest, and the bid protest shall be handled in the manner specified herein and in accordance with the terms of the Procurement Policy and Florida law applicable to municipal protests.

With respect to any assertion that another Respondent is not legally constituted or lacks proper citizenship or visa status, the protesting party shall offer proof of such fact prior to the award of the contract, and such proof shall be subject to the requirements of admissible evidence under Florida law as determined by the City Attorney during the course of the protest proceedings.

4.18. Agreement

The resulting Agreement or Contract, which shall include these General and Special Conditions, as well as all Amendments or Addenda issued by the City, contains all the terms and conditions agreed upon by all parties. No other agreements, oral or otherwise, regarding the subject matter of this

Agreement/Contract shall be deemed to exist or to bind either party hereto. All proposed changes must be submitted to the City in writing, and approved by the City Manager, Assistant City Manager and/or City Commission in writing prior to taking effect.

4.19. Public Entity Crimes

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

Certification of Compliance regarding the Public Crime requirements.

In submitting a bid to the City, the Respondent offers and agrees that if the bid/proposal is acceptable, the Respondent will convey, sell, assign or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Winter Park. At the City’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to Respondent.

4.20. Certificate of Insurance

The Successful Respondent and any subcontractors of the vendor shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City. The City of

Winter Park has contracted with myCOI to track and establish insurance compliance with the contract terms. If awarded a contract, the Successful Respondent shall be required to register with myCOI.

Respondent must submit certificates or other documentary evidence to the City via myCOI, attesting to insurance coverage for Workers’ Compensation Insurance as required by the Florida Statutes, Public

Liability, Property Damage Insurance, Professional Liability Insurance in the amount of one million dollars ($1,000,000), and other requirements, as summarized on and in the amounts specified on the attached Summation of Insurance Requirements. The Successful Respondent shall not commence work under any agreement until obtaining all insurance coverage under this section and until the City has approved such insurance.

The City of Winter Park and the Florida Department of Transportation shall be included as an

Additional Insured on all certificates and policies pertaining to this project, except for Workers’

Compensation and Professional Liability Insurance policies. Insurance companies must be licensed to do business in the State of Florida with a Best’s Key Rating Guide rate of no less than “A”. This information will be verified in the City’s discretion, and it may be grounds for disqualification if the information is not in order.

4.21. Licenses, Permits and/or Fees

It shall be the sole responsibility of the Contractor to obtain and maintain, in good standing, any and all licenses as required to perform the Services at no additional cost to the City. It shall be the sole responsibility of the Contractor to obtain any and all necessary permits required to perform the

Services. In the event they cannot be waived by the City, any and all costs incurred due to Project-specific permits and related fees required to perform the Services, as directed by the City, shall be handled as a pass-through cost to be paid by the Contractor and invoiced to the City at no additional cost.

4.22. Termination/Cancellation of Contract

The City reserves the right to cancel the contract, at any time, without cause and without penalty, with a minimum thirty (30) days written notice. Termination or cancellation of the contract will not relieve the Respondent of any obligations for any deliveries entered into prior to the termination of the contract (i.e. reports, statements of accounts, etc., that are required and not received).

Termination or cancellation of the contract will not relieve the Respondent of any obligations or liabilities resulting from any acts committed by the Successful Respondent prior to the termination of the contract.

4.23. Termination for Default

The City’s Procurement Division shall notify, in writing, the Respondent of deficiencies or default in the performance of its duties under the Contract, via email, or otherwise, to the address provided by the Successful Respondent in its proposal. Three (3) separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specified elsewhere in the solicitation, whether or not the Respondent has received notice of those instances of deficiency. It shall be at the City’s sole discretion whether to https://cityofwinterpark.org/departments/administration/procurement/ exercise the right to terminate. Respondent shall not be found in default for events arising due to reasons classifiable under the category of Force Majeure.

4.24. Termination for City’s Convenience

The performance of work under this contract may be terminated in accordance with this clause in whole or from the time in part whenever a City representative shall determine that such termination is in the best interest of the City. Any such termination shall be communicated by the delivery via email or otherwise to the address provided by Successful Respondent in its response of a Notice of

Termination specifying the extent to which the performance of work under the contract is terminated and the date upon which such termination becomes effective. Upon such termination for convenience, Successful Respondent shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date, and the City shall have no other obligations to Successful

Respondent. Successful Respondent shall be obligated to continue the performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date.

4.25. Post Award Termination

Unless otherwise prohibited by law, in the event the Respondent who is awarded a contract by the

City through this IFB is terminated early or suspended from further work or services by the City for a default in the performance under the contract, or in the event the City rescinds a contract award to the Successful Respondent prior to execution of a contract, the City may, without commencing a new competitive procurement process and, without waiving any rights or remedies against the defaulting

Respondent if applicable, contract with the next responsive and responsible Respondent that is willing and able to complete the work or services if such is determined by the City Commission to be in the

City’s best interest. In awarding a contract to the next responsive and responsible Respondent that is willing and able to complete the work or services, the City may accept such Respondent’s original response or negotiate a contract to be consistent with the defaulting Respondent or the Respondent’s whose contract award was rescinded.

4.26. Drug-Free Workplace

The Successful Respondent, its employees, subcontractors, and its employees are prohibited from unlawful drug or alcohol possession and the use, manufacture, or dispensation of controlled substances while at work and while traveling to or from work. If any employee reports to work under the influence of alcohol or drugs, the employee shall be immediately removed from the City premises by the Respondent. The Successful Respondent will be held responsible for any damages, loss, or extra expenses caused by delays incurred by such actions. The Respondent shall certify that the firm has a drug-free workplace policy in accordance with section 287.0878, Florida Statutes. Failure to submit this certification shall result in the rejection/disqualification of the bid. (See attached Drug-

Free Workplace Affidavit).

4.27. Indemnification

The Successful Respondent shall be required to provide certain indemnifications in favor of the City and its employees and elected and appointed officials and officers in substantially the following form:

Successful Respondent agrees to indemnify and hold harmless the City, its employees, and elected and appointed officials and officers from all claims, judgments, damages, losses, and expense, including reasonable attorneys’ fees, experts’ fees and litigation costs incurred at all trial and appellate levels with attorneys and experts selected by the City, arising out of or resulting from the performance or nonperformance of the work or services provided within the scope of this Agreement to the extent caused in whole or part by any negligence, recklessness, or intentional wrongful misconduct of the

Successful Respondent or persons employed or utilized by the Successful Respondent in the performance of any services or work rendered under this Agreement. If the type of services or work being performed under this Agreement require a maximum monetary limit of indemnification under general law, then the maximum monetary limit under this section and other indemnifications contained within this Agreement shall be two million dollars ($2,000,000) per occurrence, which the City and

Successful Respondent agree bears a commercially reasonable relationship to this Agreement;

otherwise, there is no maximum limit of indemnification.

Successful Respondent shall indemnify and hold harmless the City from and against any and all claims against the City, or any of its officials, officers, and employees, by any employee of the Successful

Respondent or of any subcontractor arising out of or concerning the services or work performed under the Agreement between the City and the Successful Respondent. The indemnification obligation under this clause 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 Successful Respondent or any subcontractor under any Workers’ Compensation Act, Disability Benefit Act, or other Employee Benefit Act.

In the event these indemnification provisions or any other indemnification provision of the Agreement is deemed inconsistent with any statutory provision or common law principle, such indemnification provisions shall be severable and survive to the greatest extent possible to protect the City and the

City’s employees and elected and appointed officials and officers under Florida law. The required indemnifications shall survive the termination, cancellation, or expiration of the Agreement and shall not be limited by reason of any insurance coverage.

To the extent provided by law, Contractor shall indemnify, defend, and hold harmless the City of

Winter Park and the State of Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Contractor, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Contractor.

The foregoing indemnification shall not constitute a waiver of the Department’s or City of Winter Park's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by Contractor to indemnify City of Winter Park for the negligent acts or omissions of City of Winter Park, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by Contractor to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.

4.28. Accidents & Claims

The Successful Respondent shall be held responsible for all accidents and shall indemnify, hold harmless, and protect the City from all suits, claims, and actions brought against the City or its officials, representatives, agents, officers, and employees, and all costs, damages, or liabilities to which the

City or its officials, representatives, agents, officers, and employees may be put or exposed, for any injury or alleged injury to the person(s) or property(s) of another resulting from negligence or carelessness in the performance of the work, or in the protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work, or otherwise related to the project (see Summation of Insurance Requirements).

4.29. Laws & Regulations

The Successful Respondent at all times shall be familiar with and observe and comply with all Federal, State, Local, and Municipal laws, codes, ordinances, rules, and regulations which in any manner may apply and those which may be enacted later or bodies or tribunals having jurisdiction or authority over the work, and shall indemnify and save harmless the City against any claims or liability arising from, or based on, the violation of any such law, ordinance, rule, code, regulation, order, patent infringements, or decrees.

The Successful Respondent is assumed to have made itself familiar with all Federal, State, Local, and

Municipal laws, codes, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in or upon the work, or in any way affect the work or services. No plea of misunderstanding will be considered an excuse for the ignorance thereof.

In the event of any litigation or claim between a Respondent on this IFB and the City, including but not limited to any claim or litigation related to an agreement resulting from this bid process or any other type of dispute related to this IFB, the venue shall be in Orange County, Florida, where all laws, regulations, ordinances, codes, and rules of Florida and the City shall be used in the adjudication.

All responses, questions, and conversations are public information, including any literature or handouts at any subsequent presentations. All submittals are subject to the Florida Public Records Act, Chapter

119, Florida Statutes. The tender of a proposal authorizes the release of all of your company’s information as submitted.

4.30. Communications

To ensure fair consideration for all prospective Respondents throughout the duration of the formal solicitation process, the City prohibits communication, whether direct or indirect, regarding the subject matter of the IFB or the specifications by any means whatsoever, whether oral or written, with any

City employee, elected official, selection committee member, or representative of the City, from the date of first publication or issuance of the specifications until the Commission makes the award.

Communications initiated by a Respondent may be grounds for disqualifying the offending Respondent from consideration for award of the bid or any future bid.

The sole exception to the foregoing rule is that any questions relative to the interpretation of specifications or the bid process may be submitted using the project page. Questions of a material nature must be received no later than seven (7) business days from the date and time of the public opening.

4.31. Cone of Silence

A Cone of Silence/Lobbying Blackout Period begins upon issuance of a solicitation. For awards requiring City Commission approval, the Cone of Silence/Lobbying Blackout period concludes at the meeting, during which the City Commission will be presented the award(s) for approval or a request https://procurement.opengov.com/portal/cityofwinterpark/projects/102445/document?section=undefined https://procurement.opengov.com/portal/cityofwinterpark/projects/102445 to provide authorization to negotiate a contract. However, if the City Commission refers the item back to the City Manager and/or Procurement Division for further review or otherwise does not take action on the item, the Cone of Silence/Lobbying Blackout Period will be reinstated until such time as the

City Commission meets to consider the item for action. The Cone of Silence/Blackout Period for award requiring the City Manager's approval concludes upon issuance of a Notice of Intent to Award.

4.32. Addenda

When questions arise that may affect the bid, the answers will be distributed in the form of an

Addendum, which will be posted on the City’s Procurement Portal. All Respondents should check the

City’s Procurement Portal or contact the City’s Procurement Division at least seven (7) calendar days before the date fixed to verify information regarding Addenda. The City, in its sole discretion, may delay and change the scheduled due dates indicated herein. Addenda information can be downloaded by visiting the City of Winter Park Procurement Portal and selecting “Addenda & Notices”. It is the sole responsibility of the Respondent to ensure they obtain information related to Addenda. Unless otherwise specified, all addenda must be acknowledged via the City's Procurement Portal to be considered responsive. Failure to acknowledge all addenda may result in the disqualification of the bid response.

4.33. Completion Time

This project shall be substantially completed and certified in accordance with law as substantially complete within one hundred ten (110) calendar days after the date of the City’s Notice to

Proceed. Failure to achieve substantial completion within this number of calendar days following issuance of the Notice to Proceed will result in an assessment of liquidated damages of one thousand six hundred eight five dollars ($1,685) per calendar day following the required deadline for achieving substantial completion that the Successful Respondent fails to achieve substantial completion. Liquidated damages will be collected by deducting the Successful Respondent's unpaid amounts.

Within thirty (30) calendar days after achieving substantial completion and certification thereof, the Successful Respondent must achieve final completion in accordance with law. Failure to achieve final completion within thirty (30) calendar days following the substantial completion of the project as certified, shall result in the imposition of liquidated damages in the amount of one thousand six hundred eight five dollars ($1,685) per calendar day until final completion is certified.

The parties agree that these liquidated damages are not a penalty. The parties also agree that the amount of actual damages that would be suffered by the City of Winter Park for failure to achieve substantial and final completion is speculative as of the date of the contract and that the liquidated damages provided for in this document are a reasonable approximation of the actual damages that would be suffered by the City of Winter Park upon such failure to timely complete the project.

4.34. Subcontractors

The Successful Respondent shall not employ subcontractors without the advance written permission of the Project Manager or Public Works Director. The Successful Respondent shall be fully responsible for the services and work provided by a subcontractor under the terms of this formal solicitation. The https://procurement.opengov.com/portal/cityofwinterpark/projects/102445 https://procurement.opengov.com/portal/cityofwinterpark/projects/102445 https://cityofwinterpark.org/departments/administration/procurement/

Successful Respondent agrees that any employee or agent of the Respondent and any agent/employee of a subcontractor to the Respondent shall be removed from the City jobsite or City premises upon request by the City Manager or designee.

Such request will only be issued to remove a person if the City Manager or designee has a reasonable basis, as determined in their discretion, that the presence of such person on City property or at a City jobsite is not in the best interest of the City, or its employees, guests, visitors, or citizens. Additionally, a person may be directed to be removed if the person is reasonably deemed to be under the influence of drugs or alcohol or is behaving in any manner reasonably determined to be unacceptably disruptive or in violation of any criminal or civil law or regulation as reasonably determined by the City.

4.35. Assignability

Assignment of the contract, or any portion of the contract, cannot be made without the advance written consent of the City.

4.36. Waiver, Alterations, Consent & Modification

No waiver, alterations, consent, or modification of any of the provisions of the resulting contract shall be binding unless in writing and signed by the City Manager, Assistant City Manager and/or City

Commission.

4.37. Fiscal Year Funding Appropriations

Specific Period: Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period (October 1 through September 30), at the time of contract. Payment and performance obligations for succeeding fiscal periods and any renewals are subject to appropriation by City Commission of funds prior to entering an agreement.

4.38. No General City Obligation

In no event shall any obligation of the City under any resulting agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City, or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of

Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds.

4.39. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods

When funds are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal period, the resulting contract may be canceled by the City, and the Successful Respondent will be entitled to reimbursement for the reasonable value of any nonrecurring costs incurred but not advertised in the price of the supplies delivered under the contract, renewal or otherwise recoverable.

4.40. Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all Respondents should be aware that the Invitation to Bid and the responses thereto are in the public domain. However, the Respondents are requested to identify specifically any information contained in their response that they consider confidential, trade secrets, and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting or confidentiality laws that apply.

4.41. Compliance

All companies doing business with the City must do so in the English language and make bids or other money quotations in United States currency. There shall be no customs, duties or import fees added to the cost shown in the response. In the event of any legal disputes, the laws of the State of Florida and, where appropriate, the United States of America shall prevail. The venue for any court proceedings arising out of or related to this IFB or any resulting contract or purchase shall be in a court of competent jurisdiction in Orange County, Florida.

4.42. Equal Opportunity Employment

The Successful Respondent agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision will include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

Each employee of the Successful Respondent shall be a citizen of the United States or an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt

Card. The Successful Respondent agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 USC 4082)(c)(2), or most recent.

By entering into this Contract, the Respondent becomes obligated to comply with the provisions of

Section 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with an unauthorized…