Brick_Paver_Maintenance_and_New_Installation.pdf

RFP26-9

BRICK PAVER MAINTENANCE AND NEW INSTALLATION

DEADLINE FOR QUESTIONS: February 4, 2026

RESPONSE DEADLINE: February 13, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7B project.id%7D

Sealed proposals 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

REQUEST FOR PROPOSAL

Brick Paver Maintenance and New Installation

I. Introduction II. Proposal Preparation & Submittal

III. Scope of Services IV. Evaluation Procedure V. Evaluation Criteria

VI. Standard Terms & Conditions VII. Summation of Insurance Requirements

VIII. Pricing Proposal IX. Vendor Requirements & Acknowledgement

1. 1. ..................................................................... Introduction

1.1. 1.1. ............................................................................................... Summary

Electronic submissions must be submitted and time stamped by the City of Winter Park's Procurement portal on or before 2:00 pm Friday, February 13, 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 Procurement portal, which shall be scrupulously observed. Under no circumstances shall the

City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

The City of Winter Park ("City") plans to issue a multi-award contract to Successful Respondents whose proposals demonstrate qualification and experience in providing professional services related to brick paver maintenance and new installation. Contractors must be properly licensed and insured, and demonstrate the capacity to complete small- to large-scale projects in a municipal environment.

The City of Winter Park is located in Orange County, Florida. The City is approximately nine (9) square miles and has about 30,000 residents. The City is the home of Rollins College and several other major cultural institutions, including the Morse Museum of American Art, the Cornell Fine

Arts Museum, and the Albin Polasek Museum and Sculpture Garden, as well as music and the performing arts. The downtown area is listed on the National Register of Historic Places, and the

City has numerous examples of outstanding architecture by noted architects. It is noted for its many lakes and old-growth trees and is complemented by its charming feel, including a myriad of connected brick/paved roads throughout its downtown and residential streets.

1.2. 1.2. ............................................................................... Contact Information

Madison Smith

Procurement Agent

401 South Park Avenue

Winter Park, FL 32789

Email: msmith@cityofwinterpark.org

Phone: (407) 599-3238

Department:

Economic Development/CRA

1.3. 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.

Release Date January 13, 2026

Question Submission Deadline February 4, 2026, 2:00pm https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark mailto:msmith@cityofwinterpark.org tel:(407)599-3238

Proposal Submission Deadline February 13, 2026, 2:00pm

Selection Committee Meeting (Non-

Mandatory)

February 24, 2026, 1:00pm

City Hall - Chase Room

401 South Park Avenue

Winter Park, FL 32789

Anticipated Commission Award TBD

2. 2. .................................... Proposal Preparation & Submittal

2.1. 2.1. ................................................................................. Obtain Documents

Documents can be downloaded by visiting the City of Winter Park's Public 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 procurement-support@opengov.com, or by phone at

(650) 336-7167.

Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in

OpenGov well in advance of their intention of submitting a response to ensure familiarity with the use of OpenGov. The City will not be responsible for a Respondent's inability to submit a response by the end date and time for any reason, including issues arising from the use of OpenGov.

2.2. 2.2. ........................................................................ Electronic Proposals Due

Electronic responses must be submitted via City's Procurement portal by 2:00 pm Friday, February

13, 2026. It is the Respondent’s responsibility to ensure that your proposal is submitted to the City's eProcurement portal at the proper time. Proposals that are not submitted for any reason will not be considered. All proposals received after 2:00 pmFriday, February 13, 2026 will not be accepted.

Under no circumstances will City of Winter Park be responsible for late proposals or submissions.

All proposals will be electronically opened and acknowledged immediately following the proposal's due date and time.

2.3. 2.3. ....................................................... 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 formal solicitation procedures specified in Section 120.57(3), Florida Statutes, as it may be amended.

2.4. 2.4. ......................................................................... Preparation of Proposals

Proposals shall be submitted electronically via the City's Procurement Portal by the Respondent.

Specify whether the Respondent is a corporation, limited partnership, limited liability company, or other entity other than an individual. A Respondent may be requested to present evidence of its https://procurement.opengov.com/portal/cityofwinterpark/projects/208202 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark 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 (Adobe) shall be submitted within the

Vendor Requirements & Acknowledgement section.

2.5. 2.5. ................................................................................. Proposal Submittal

Proposals shall be submitted directly to the City's Procurement Portal. Submit proposals in accordance with the instructions listed herein regarding the time, place, 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 directly to the City's Procurement

Portal by 2:00 pm Friday, February 13, 2026. The City will not be responsible for any proposal submitted incorrectly or to the wrong location.

All proposals must be prepared and submitted in accordance with the instructions provided in this

Request for Proposal (RFP). Each proposal received will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. A responsive proposal is one that follows the requirements of the RFP, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments as required on each document. Failure to comply with these requirements may deem your proposal non-responsive. The City reserves the right to disqualify a proposal that is not submitted in the format delineated in Vendor

Requirements & Acknowledgement.

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.

2.6. 2.6. ..................................................................................... Responsiveness

The City will determine whether the Respondent complies with the instructions for submitting proposals, including completeness of the proposal, which encompasses the inclusion of all required attachments and submissions. Late proposals will not be accepted. Failure to meet other requirements may result in rejection.

2.7. 2.7. ......................................................................................... Responsibility

The City will determine whether the Respondent is one with whom it can or should do business.

Factors that the City may evaluate to determine “responsibility” include, but are not limited to:

excessively high or low-priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, Respondent's record of performance and integrity – e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A Respondent must always have sufficient financial resources, in the opinion of the City, to ensure the performance of the contract and must provide proof upon request. The City reserves the right to inspect and review Respondent's facilities, equipment, and personnel and those of any identified subcontractors. The City will https://procurement.opengov.com/portal/cityofwinterpark/projects/208202/document?section=1948173 https://procurement.opengov.com/portal/cityofwinterpark determine whether any failure to supply information or the quality of the information will result in rejection.

3. 3. ............................................................. Scope of Services

The terms “Contractor” and “Respondent” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions.

3.1. 3.1. ................................................... Minimum Qualifications of Respondents

A. The Respondents shall hold any necessary licenses authorizing them to do business in the

State of Florida.

B. Respondents shall have been in business under the current company name for a minimum of three (3) consecutive years.

C. Neither the Respondent nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City (as a party to a contract, or otherwise);

nor have failed to perform faithfully on any previous contract with the City.

D. Respondents are required to inform the City of any relevant legal or ethical issues.

Specifically, they need to disclose:

• Judgments: Any current or pending court decisions against the Respondent.

• Pending Lawsuits: Any legal actions against the Respondent that are currently underway.

• Criminal Activities: Any criminal conduct of the Respondent or primaries, especially if it involves moral turpitude (actions that are morally reprehensible).

Respondent will be provided an opportunity to supply additional information regarding these issues if applicable.

To demonstrate qualifications to perform the Work, each Respondent must submit written evidence, such as financial data, previous experience, present commitments, and other such data. Each submission must contain evidence of the Respondent’s qualifications to do business in the State of

Florida, or a covenant to obtain such qualification, prior to the award of the contract.

The Successful Respondent will be required to maintain the Minimum Qualifications Requirements, as presented during selection, if selected and awarded the contract, during the term of the Contract and any contract renewals.

3.2. 3.2. ....................................................................................... Scope of Work

Winter Park Brick Paver Maintenance and Repair

A. Successful Respondent shall coordinate with City/CRA Project Manager regarding project-specific locations and work schedule. Work shall be scheduled around weather as necessary.

Due to concerns such as traffic, noise, and special events, some projects will require night work. Additionally, any Contractor must be ready to consider a projected project commencement and completion date and the Contractor’s availability to complete time sensitive projects.

B. Area of work shall generally include all brick paver streets within the City of Winter Park.

This includes the downtown area bounded by its commercial corridors, Hannibal Square, Park Avenue, and the surrounding areas, as well as our residential streets, including, but not limited to, Interlachen, Pennsylvania, and all other local roads.

C. Each roadway repair location shall be coordinated with the City’s project manager to ensure timeliness of closure and duration are acceptable. The City and Successful Respondent will coordinate on the installation of traffic control devices, including signs and barricades, as part of the Maintenance of Traffic (MOT) requirements, and the MOT plan for review and approval by the City.

D. Prior to commencing work, each roadway repair location (excluding project cleaning and sanding areas) shall be walked by the Successful Respondent and City Project Manager to confirm that all required work areas have been included in the Project scope of work.

E. Work shall generally include pressure washing all project-specific locations, including repairing and/or straightening loose pavers as necessary. Broken original pavers shall be replaced using city stock first if approved by the City’s Project Manager. Newer pavers shall be furnished by the Contractor in accordance with project specification requirements.

Sunken or raised areas shall be regraded, recompacted to 98% of the maximum density per

ASTM D1557, and reinstalled over paver base or lime rock road base and 3/4 to 1” of concrete setting sand. Contractor shall provide all required fill or haul off any excess fill or debris as necessary. Newly installed polymeric sand between joints shall be appropriate for the joint width and properly compacted after installation with a vibratory paver roller or other means appropriate for the installation.

F. Successful Respondent shall provide and utilize a City-approved hydrant meter for monitoring water that will be used for the project.

G. The entire project area shall be cleaned upon project completion.

H. All paver cuts must be clean, saw-cut edges. All bricks removed shall be palletized for reuse.

If they are to be transported, they shall be palletized and wrapped.

New Paver Installation - Roadways

A. Area shall be cleared and excavated to pre-approved standards. Remove all roots or other objects in the roadway section.

B. All roadway construction shall conform to City of Winter Park Design standards.

C. Existing subgrade (12" minimum, LBR 40) shall be compacted to 98% maximum density per

ASTM D1557 and stabilized.

D. A new lime rock road base (LBR 100) matching the existing thickness plus 1 inch (8" minimum for existing roadways) shall be installed and compacted to 98% maximum density per ASTM D1557.

E. Install concrete setting sand (1" thick), followed by brick pavers (minimum thickness of 3

1/8"). Polymeric sand shall be applied between the joints, and the surface must be compacted and cleaned. The polymeric sand used must be suitable for the joint width and properly compacted using a vibratory paver roller or another appropriate method.

F. The Contractor shall provide a hydrant meter for water used during the project.

G. The entire area must be thoroughly cleaned upon completion.

New Paver Installation - Sidewalks

A. The area shall be cleared and excavated to pre-approved standards. All roots and obstructions within the sidewalk section must be removed.

B. The existing subgrade must be compacted to 95% of the maximum density per ASTM

D1557.

C. For sidewalk areas within driveways, residential sections require 6" of lime rock or crushed concrete road base (LBR 100), while commercial/industrial sections require 8". These shall be placed over compacted subgrade and set on a 6" thick reinforced concrete sub-slab, as per City of Winter Park standard details T-3 /T-4.

D. Paver crosswalks within roadways shall be constructed over compacted subgrade and base, in accordance with City roadway standards, and set on a 6" thick reinforced concrete sub-slab as per City of Winter Park standards for downtown brick pavers.

E. Install paver base or lime rock road base (6” thick), concrete setting sand (1” thick), new pavers (2 3/8” min. thick), polymeric sand between joints, compact and clean. Newly installed polymeric sand shall be appropriate for the joint width and properly compacted after installation with a vibratory paver roller or other means appropriate for the installation.

F. The Contractor shall provide a hydrant meter for water used during the project.

G. The entire area must be thoroughly cleaned upon completion.

Respondent Requirements for Damaged Property

The Contractor shall be fully responsible for repair and restoration of any City or private property damaged as a result of the work performed, whether caused directly or indirectly by the Contractor, its employees, subcontractors, equipment, or methods of construction. Repairs shall include, but are not limited to:

A. Concrete: Replacement or restoration of sidewalks, curbing, driveway aprons, slabs, and other concrete surfaces damaged during paver removal or installation.

B. Irrigation: Repair, replacement, and testing of any irrigation components disturbed or damaged during construction activities, returning systems to fully operational condition.

C. Landscaping: Restoration of sod, plant material, mulch, soil, and related elements impacted by project work. All landscaping shall be replaced in kind or better quality.

All repairs must be completed at no additional cost to the City and to the satisfaction of the City’s project representative. Failure to restore property to equal or better condition may result in withholding of payment until deficiencies are corrected.

3.3. 3.3. ........ Specification for Contractor Qualifications in Historical Paver Projects

A. Required Expertise

Respondent must demonstrate expertise with both historical and modern pavers, including knowledge of restoration and preservation techniques for historical materials. Respondent should demonstrate an ability for preservation of original materials and aesthetic integrity in both historical and modern paver projects.

B. Experience Documentation

Respondent must submit proof of past work with historical and modern pavers, including case studies or examples of relevant projects that outline challenges and solutions.

Respondent must also submit proof of past work with historical and modern pavers in diverse settings such as pedestrian parks, patios, roads, and sidewalks.

C. References

Respondent must provide references or project portfolios in working on projects of both historical and modern paver installations, with contact details for verification.

3.4. 3.4. ............................................................ Payment and Performance Bonds

Certain projects may require performance and payment bonds, which will be determined on a case-by-case basis. The request for bonds will be included in the quote request for each individual job, as needed.

4. 4. ....................................................... Evaluation Procedure

The Procurement Division will perform an initial review of all proposal submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, form verification, professional licensing, references, past performance, and other relevant criteria.

4.1. 4.1. ............................................................................................. Evaluation

It is the intent of the City that all Contractors responding to this RFP that meet the requirements will be ranked in accordance with the criteria established in these documents. The City will consider all responsive and responsible submittals received in its evaluation and award process.

4.2. 4.2. .................................................................................................. Criteria

Contractors submitting a proposal along with the required information and documentation will have their proposal evaluated and scored based on the evaluation criteria set forth herein.

Further, each proposal will be evaluated for full compliance with the RFP instructions to the

Respondents and the terms and conditions set forth within the RFP document. Proposals will be scored and ranked in accordance with the weighting and grade specified in the Evaluation Criteria section.

Proposals will be evaluated, and an award will be made to the Respondent who is determined to be responsible and responsive to this Request for Proposals and whose proposal is the most advantageous to the City in terms of quality of service, the Respondent’s qualifications and capabilities to provide the specified services and comply with the applicable conditions of this Request for

Proposals and Contract, and who in the judgment of the City will best serve the needs and interests of the City.

The following represent the principal selection criteria, which will be considered during the evaluation process. Points are determined by multiplying the weight by the grade. Shortlisting of firms will be based on converting each Committee Member’s Total Score into a ranking with the highest Score ranked first, second, third highest ranked Score, etc. Once converted, the Committee Member’s ranking for each firm will be entered into a shortlist summary. The Total Score recorded on the summary will determine the ranking and shortlisting.

4.3. 4.3. .................................................................... Initial Review of Responses

The City will perform an initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, past performance, and other relevant criteria.

4.4. 4.4. ................................................................................... Selection Process

The selection process is as follows:

A. The Selection Committee will evaluate all proposals that have been determined to be responsive.

B. The Selection Committee will then rank the proposals of those contractors based on their submittals, with an emphasis on the City's needs, to determine the award recommendation.

C. The Procurement Division will prepare an agenda item for the award recommendation to the

City Commission.

D. The City Commission of the City of Winter Park will make the final selection after considering the recommendations and rankings of the Committee. The City Commission is not required to accept the recommendations and rankings of the Committee. The City Commission's decision will be final.

E. The City and the selected Respondent will enter into a contract incorporating this RFP's requirements and other terms acceptable to the City. The City reserves the right to negotiate the terms and conditions of the contract with the selected Respondent(s). The City has the https://procurement.opengov.com/portal/cityofwinterpark/projects/208202/document?section=1948171 right to rescind the contract award to the selected Respondent if the City and the selected

Respondent(s) disagree with the contract terms. The City reserves the right to reject

Respondent(s), even a Respondent(s) awarded the contract, before complete contract execution.

4.5. 4.5. .................................................................. Award Without Presentations

The City may evaluate and award a Contract based on responses to this Request for Proposals without discussions, interviews, or presentations. Therefore, each response to this solicitation should contain the Respondent's best terms and conditions for consideration.

4.6. 4.6. ......................................................................... Post Award Termination

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

City through this RFP 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 selected Respondent(s) before 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 lowest responsive and responsible Respondent(s) 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 lowest responsive and responsible

Respondent(s) that is willing and able to complete the work or services, the City may accept such

Respondent’s original proposal pricing or negotiate a price more consistent with the original pricing submitted by the defaulting Respondent(s) or the Respondent’s whose contract award was rescinded.

5. 5. ............................................................ Evaluation Criteria

A. Scoring Definitions o 1 = Poor: Lacking or inadequate in most basic requirements, specifications, or provisions for the specific criteria.

o 2 = Below Average: Meets many of the basic requirements, specifications, or provision of the scope but is lacking in some essential aspects for the specific criteria.

o 3 = Average: Adequately meets the minimum requirements, specifications, or provisions of the specific scope and is generally capable of meeting the City’s needs.

o 4 = Above Average: More than adequately meets the minimum requirements, specifications, or provision of the specific scope and exceeds those requirements in some aspects for the specific scope.

o 5 = Excellent: Exceeds minimum requirements, specifications, and provisions in most aspects for the specific criteria.

In evaluating the Proposals, the City shall have the discretionary power to render decisions on:

A. the honesty, reputation, and integrity of a Respondent necessary to a faithful performance of the Contract;

B. a Respondent’s skill and business judgment;

C. Respondent’s facilities, labor force, and equipment for carrying out the Contract properly and expeditiously;

D. Respondent’s previous conduct under other contracts with the City and contracts with any other parties that the Respondent has provided work or services;

E. the quality of Respondent’s previous work for the City and any other parties that the

Respondent has provided work or services;

F. Respondent’s pecuniary ability and financial stability;

G. the Respondent’s previous and existing compliance with laws, ordinances, and regulations;

H. Respondent’s maintenance of a permanent place of business;

I. Respondent’s appropriate successful contractual and technical experience in similar work;

J. The proportional amount of the work Respondent intends to perform with its own organization as compared with the portion it intends to subcontract;

K. the qualifications of subcontractors whom each Respondent proposes to use;

L. the proximity of Respondent’s labor force, equipment, and business operation in relation to the City;

M. Respondent’s ability to meet and/or maintain scheduling requirements;

N. Respondent’s quoted prices for services, and

O. Respondent’s responsiveness to this Request for Proposals.

The above factors may be determined by Respondent’s past performance of services/work for supplied references and other parties Respondent has performed services/work, information submitted as part of the proposal or in response to an inquiry by the City, and information otherwise known or discovered by the City, or any combination thereof. The City may conduct detailed examinations of Respondents, including of Respondent’s personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The failure of a Respondent to supply information in connection with an inquiry in a timely manner, at the City's discretion, may be grounds for rejecting such Respondent and its proposal.

PROSPECTIVE RESPONDENTS ARE PROHIBITED FROM CONTACTING ANY MEMBER

OF THE SELECTION COMMITTEE, EMPLOYEE, OR PUBLIC OFFICIAL (EXCEPT THE

FACILITATOR) AT ANY TIME DURING THE FORMAL SOLICITATION PROCESS UP TO

THE TIME OF CONTRACT AWARD. ANY ATTEMPTED CONTACT MAY BE GROUNDS FOR

DISQUALIFICATION.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience

Respondents are evaluated based on their experience on similar projects, the quality of those projects, the schedule, problems encountered, and the means to solve them.

0-5 Points 25 (25% of Total)

2. Past Project Approach

Respondents will be evaluated based on their demonstrated experience and approach on past projects of similar scope and complexity, including the effectiveness of their work plans, team organization, understanding of project requirements, project management and communication practices, ability to deliver services within budget, and history of completing work in a timely and efficient manner.

0-5 Points 25 (25% of Total)

3. Pricing Proposal

Respondents are evaluated based on the proposed cost-effective pricing to complete the services in this RFP. If

Respondent intends to omit any tasks or requirements listed in the scope of work, the omission must be clearly described and included with your

Proposal.

0-5 Points 50 (50% of Total)

6. 6. ........................................... Standard Terms & Conditions

6.1. 6.1. ................................................................... Basis of Response/Proposals

The words “Response” 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 proposals or assignments will be considered. It is the intent of the City to promote competition.

It shall be the responsibility of the Respondent 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 submitted in writing at least seven (7) business days before the due date and time of the proposal.

6.2. 6.2. ......................................................Submission of Supporting Documents

The Successful Respondent shall furnish all required documents within ten (10) business days after notification of the 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 proposal provides the best value to the City.

6.3. 6.3. ...................................................................................... Proposal Prices

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

6.4. 6.4. ....................................................................................... Contract Term

Unless otherwise agreed in a written document approved and signed by the City, the contract shall be in effect for thirty-six (36) consecutive months from the date the Mayor or other authorized signer signs the contract on behalf of the City.

There shall be the option of renewal for a possible second and third 12-month period, not to exceed sixty (60) months in total, after the written consent of both parties and approval by the City

Commission or City Manager. Approximately forty-five (45) days before the expiration of the initial contract period, the successful Respondent will be notified by the City if it seeks an extension. To be effective and enforceable, any changes in the scope of services or prices intended to apply in a renewal or extension period must be presented by City staff to the City Commission for approval or rejection.

Upon written consent of both parties and approval of the City Commission or City Manager, the contract will be renewed for the second, or third term.

6.5. 6.5. .............................................................................. 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. The City shall make payment 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. The invoices are in all respects satisfactory to the City and appropriate for payment. All invoices shall bear the purchase order number or RFP 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).

6.6. 6.6. .................................................................................... 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 like other VISA purchases. VISA acceptance is preferred but is not the exclusive method of payment.

6.7. 6.7. .................................................................................................... Taxes

The City is exempt from Federal Excise and Sales taxes—tax exemption number: State #85-

8012621708C-8.

6.8. 6.8. ................................................................................................ Mistakes

Respondents are expected to examine the specifications, delivery schedule, 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 Respondents extra payments for conditions that can be determined by examining the site and documents. In case of a mistake in the extended price, the unit price will govern, and the Respondent’s total offer will be corrected accordingly.

6.9. 6.9. .............................................. 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.

6.10. 6.10. .................................................................................... Contract Award

The City reserves the right to make award(s) by individual item, aggregate, or none, or a combination thereof; with one or more suppliers; to cancel the formal solicitation; reject any or all proposals; or waive any minor informalities or technicalities in proposals received, as may be deemed in the best interest of the City in the City’s sole discretion; and reserves the right to award the contract to the lowest responsive, responsible Respondent who submits a proposal meeting specifications in a way deemed most advantageous and 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 proposal.

The City reserves the right to make an award to more than one Respondent. The City reserves the right to demand additional information or clarification concerning any proposal or submission from one or more Respondents. Such request shall be furnished to all Respondents. Failure to respond or to provide adequate information in response shall be grounds for disqualification at the sole discretion of the City. Information received upon such request for additional information or clarification may be relied upon by the City in determining the most advantageous proposal for making an award.

6.11. 6.11.Proposal or Contract Terms at Variance with This Document and the RFP or Specifications

This formal solicitation expressly limits acceptance of the terms of this document. If the Respondent submits a proposal 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 proposal and which are inconsistent with or different from the language in this invitation, and the proposal specifications and this document so long as the proposal is otherwise responsive to this document and the proposal specifications with the inconsistent language stricken. The Respondent hereby agrees that by making a proposal based upon this invitation, any term or condition inconsistent with this document or the proposal 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 attorney’s 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 proposal 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 proposal 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, including but not limited to delay damages.

6.12. 6.12. ................................................................. Modifications & Withdrawals

Proposals may be modified at any time prior to the bid open date and time. To change a Proposal, log in to your vendor account: https://procurement.opengov.com/login, and go to your submitted

Proposal. 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/login, and 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 proposals have been awarded. If an RFP or RFQ procurement, including but not limited to procurement under CCNA (s.

287.055), the City may negotiate a contract or purchase that deviates from the Proposal submitted in the interest of the City.

6.13. 6.13. ................................................................................... 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.

6.14. 6.14. ..................................................................................... Proposal Costs

Costs related to preparing 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.

https://procurement.opengov.com/login https://procurement.opengov.com/login

6.15. 6.15. .............................................................. 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 on the City of Winter Park Procurement Division page.

In the event of any inconsistency or ambiguity between the terms of the Procurement Policy as compared with the terms of this document 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 "Proposal 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 kind shall be due to or recovered by the prevailing vendor in a bid protest, even if the City awards the contract 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 the 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. 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 before the contract award.

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.

6.16. 6.16. .......................................................................................... Agreement

The resulting Agreement or Contract, which shall include these General and Special Conditions and 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.

6.17. 6.17. ............................................................................. 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.

https://cityofwinterpark.org/procurement

In submitting a proposal to the City of Winter Park, the Respondent offers and agrees that if the proposal is accepted, the Respondent will convey, sell, assign, or transfer to the City of Winter Park 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 of Winter Park’s discretion, such assignment shall be made and become effective when the purchasing agency tenders final payment to the Respondent.

6.18. 6.18. ........................................................................ Certificate of Insurance

The Successful Respondent and any subcontractors of the vendor shall require their insurance carriers, concerning 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

Summation of Insurance Requirements section. 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 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 at the City's discretion and may be grounds for disqualification if the information is not in order.

6.19. 6.19. ............................................................... Licenses, Permits and/or Fees

It shall be the responsibility of the Successful Respondent to obtain all licenses and permits, as…