C006466 ITB (REVISED 11.16.23).pdf

Invitation to Bid (REVISED 11.16.2023) (with Best and Final Offers)

Issue Date: October 25, 2023

Title: Landscaping Services - Section 26 World Drive North Phase II

Bid #: C006466

Bids Due: November 17, 2023 @ 2:00 P.M. EST. November 29, 2023 Submit Bids To: Central Florida Tourism Oversight District

Andrea Osinski, Senior Procurement Analyst bids@oversightdistrict.org

(689) 254-4346

SECTION 1. GENERAL INFORMATION

1.1 Central Florida Tourism Oversight District (“CFTOD”, “Owner”, or “District”) is issuing this solicitation for its

Utilities Department.

1.2 CFTOD requests qualified companies submit your bid and qualifications for consideration in the selection for the Landscaping Services - Section 26 World Drive North Phase II project.

1.3 All dates and information contained herein may be extended, changed, or updated within the listing by addendum issued by CFTOD.

SECTION 2. TIME SCHEDULE

2.1 The District will attempt to use the following time schedule which will result in the award of a contract.

DESCRIPTION DATE

MANDATORY Site Visit at 8:00 a.m. EST (Location and Instructions Provided in Section 3) November 9, 2023

All Written Questions and Inquiries are due on or before 5:00 PM EST November 15, 2023 November 21, 2023

Bid Packages due by or before 2:00 PM EST November 17, 2023 November 29, 2023

Bid Evaluation/ Best and Final Offers November 17, 2023 November 30, 2023

Final Bid Award Announced, on or around November 22, 2023 December 6, 2023

NOTE: These dates are estimated only and are subject to change.

SECTION 3. INSTRUCTIONS TO BIDDERS

3.1 Meeting location for the Mandatory Site Visit is at the following address:

Magic Kingdom Speedway

1000 Car Care Drive

Lake Buena Vista, FL 32830 V.2 11.16.23 mailto:bids@oversightdistrict.org

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For all those who are attending the mandatory site visit please remember to bring/wear closed toed shoes, pants, safety vest, hard hat, and eye and ear protection for the site visit.

3.2 All bids must be electronically submitted on or before 2:00 PM, on the listing end date/bid close date to bids@oversightdistrict.org for consideration.

3.3 Bids may not be submitted by any other means other than as described in Section 3.2. CFTOD will not accept bids sent by U.S. Mail, private couriers, or fax.

3.4 Any bids received after the stated time and date will not be considered.

3.5 Bids not conforming to the instructions will be subject to disqualification at the sole option of the District.

SECTION 4. INQUIRIES

4.1 All questions must be submitted electronically via email to Andrea Osinski at aosinski@oversightdistrict.org.

Responses will returned electronically, and provided to all bidders. In the Subject Line of the email, clearly indicate the following: C006466 Landscaping Services - Section 26 World Drive North Phase II.

4.2 If necessary, an addendum will be emailed to all bidders.

4.3 It is our normal policy in most cases that no addendum will be issued later than three (3) calendar days prior to the date for receipt of bids, except an addendum withdrawing the solicitation or one which includes postponement of the date for receipt of bids.

4.4 No verbal or written information which is obtained other than by information in this document, or by addendum, will be binding on the District.

SECTION 5. QUALIFICATION OF BIDDERS

5.1 Bidder must have previous experience with landscape services as outlined in EXHIBIT A – Scope of Services.

5.2 Bidders shall provide a reference list of at least two (2) clients where supply and delivery services for sodium hypochlorite landscaping services have been provided in a similar capacity. It is at CFTOD’s discretion to determine if a Bidder is qualified based upon the submitted references. See EXHIBIT C – Client Reference List.

5.3 Bidders are to submit the following required licenses and/or certifications:

• Plumbing Contractor and/or Specialty Contractor License Certified Irrigation Technician (CIT) Certification for irrigation systems

• International Society of Arboriculture Certifications

• Florida Green Industries Best Management Practices (B.M.P.) Certification

• Commercial Applicator License from the Florida Department of Agriculture and Consumer Services

• FDOT TTC Advanced Certification

5.4 Veteran or BuyLocal qualified? Include your affidavit or certificate for consideration.

SECTION 6. LOBBYING/BIDDER CONTACT/ANTI-COLLUSION

6.1 BIDDERS ARE HEREBY ADVISED THAT CONTACT IS NOT PERMITTED WITH ANY CFTOD

PERSONNEL OR BOARD MEMBER DURING THE BID PERIOD RELATED TO OR INVOLVED WITH THIS

REQUEST. BIDDERS ARE RESTRICTED FROM DISCUSSING THEIR SUBMITTALS AND THIS

SOLICITATION WITH COMPETING FIRMS UNDER THIS SOLICITATION. ALL ORAL OR WRITTEN

INQUIRIES MUST BE DIRECTED THROUGH THE ASSIGNED PROCUREMENT PERSONNEL.

6.2 Any bidder or any individuals that lobby on behalf of the bidder or interact with other bidders during the time specified will result in rejection/ disqualification of their bid under said solicitation.

6.3 Bidders shall not divulge, discuss, or compare this solicitation with any other bidder or collude with any other bidder in the preparation of their bid in order to gain an unfair advantage in the award of this contract. By submitting a bid, V.2 11.16.23 mailto:bids@oversightdistrict.org mailto:aosinski@oversightdistrict.org

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Bidder acknowledges all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S.

SECTION 7. MODIFICATION OR WITHDRAWAL OF BID

7.1 A Bid may not be modified, withdrawn, or cancelled by the Bidder for ninety (90) days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting its Bid. Prior to the date and time of receipt of Bids, a Bidder may withdraw its Bid and resubmit at any time before the date and time stipulated for receipt of Bids. The Bid Guarantee shall be in an amount sufficient for the Bid as modified or submitted.

SECTION 8. AWARD

8.1 CFTOD reserves the right to accept or reject any or all bids.

8.2 CFTOD reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request clarification or other information to evaluate any or all bids.

8.3 CFTOD will negotiate an agreement with the awarded bidder. If an agreement cannot be reached with the selected bidder, CFTOD reserves the right to negotiate with the next bidder (or subsequent bidder) until an agreement is reached.

8.4 The basis of award will be based off of unit pricing of the Items as listed on EXHIBIT B – Bid Pricing Form.

8.5 BuyLocal, Veteran, and Opportunity Zone qualified vendors receive a bid preference as noted in Procurement Policy

PRO-100.

• BuyLocal and Veterans:

o Contract awards $1,000,000 or less. If the Low Bidder is not a BuyLocal or Veteran Small Business and the lowest bid submitted by a responsive and responsible Veteran Small is within 5% of the bid of such Low Bidder, such Buy Local or Veteran Small Business will be deemed the lowest, responsive and responsible bidder and awarded the contract.

o Contract awards exceeding $1,000,000. If the Low Bidder is not a BuyLocal or Veteran Small Business whose bid is less than a $50,000 variance in price from the low bid, such Buy Local or Veteran Small Business will be deemed the lowest, responsive, and responsible bidder and awarded the contract.

• Opportunity Zone:

o Contract Awards $1,000,000 or less. If the Low Bidder is not located in a Qualified Opportunity

Zone, and the next lowest bid submitted from an Opportunity Zone vendor is within 10% of the low bid, such Opportunity Zone vendor will be proclaimed the low bid and deemed the awarded bidder.

o Contracts Awards Exceeding $1,000,000. If the Low Bidder is not located in a Qualified Opportunity Zone, and the next lowest bid submitted from a Opportunity Zone vendor is within 10% of the low bid and not more than $100,000 in difference, such Opportunity Zone vendor will be proclaimed the low bid and deemed the awarded bidder.

SECTION 9. BOND REQUIREMENTS

9.1 Bid Bond: Not applicable to this project.

9.2 Performance and Payment Bond: Not applicable to this project.

SECTION 10. DRAWINGS AND SPECIFICATIONS RELATED TO THIS PROJECT

10.1 Drawings: Not applicable to this project.

10.2 Specifications: See EXHIBIT A – Scope of Services. V.2 11.16.23

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SECTION 11. DELAY DAMAGES SUBJECT TO THIS PROJECT

The Owner may incur financial loss if the Work is not substantially and finally complete by the dates set forth in the Project Manual. The Contractor (and its Surety) shall be liable for damages in accordance with the applicable provisions of the Project Manual.

Liquidated damages: Not applicable to this project.

SECTION 12. REQUIRED CLAUSES

12.1 MATERIALS. All materials submitted in response to this solicitation shall become the property of CFTOD.

12.2 COST INCURRED IN RESPONDING. All costs directly or indirectly related to bid preparation, representation or clarification shall be the sole responsibility of and be borne by the proposer.

12.3 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a consultant, supplier, sub-consultant, or consultant under a contract with any public entity; and may not transact business any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO($35,000) for a period of 36 months following the date of being placed on the convicted vendor list.

12.4 E-VERIFY. The Proposer shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Proposer during the term of the contract and shall expressly require any sub-consultants performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the sub-consultant during the contract term.

12.5 FLORIDA STATUTE 287.05701. Pursuant to Florida Law, the District 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.

12.6 INTELLECTUAL PROPERTY RIGHTS. The proposer will indemnify and hold harmless, CFTOD from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or un-patented invention, process, article or work manufactured or used in the performance of the contract, including its use by CFTOD. If the proposer uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright, or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work. This article will survive the termination of any contract with CFTOD.

12.7 SUBCONTRACTS. Nothing contained in this specification will be construed as establishing any contractual relationship between any sub-contractor and CFTOD.

A. The proposer will be fully responsible to CFTOD for the acts and omissions of the sub-contractor and their employees.

B. After award of the contract, any changes in sub-consultants requires prior CFTOD written approval.

12.8 AGREEMENT. A contract will be drafted after award for any work to be performed as a result of this solicitation.

This solicitation, the submitted proposal, all attachments, and any addendum released, and the corresponding contract will constitute the complete agreement between the proposer and Reedy Creek Improvement District. Should there be any conflict between the terms of this solicitation, the submitted proposal, and the terms of the agreement (Contract), the terms of the Contract shall be final and binding. The solicitation shall control where in conflict with the submitted proposal.

12.9 DISTRICT INSURANCE REQUIREMENTS.

A. The Contractor/Consultant shall at its expense procure and maintain during the life of this Contract and for two

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(2) years thereafter (and shall require the same from its Subcontractors and Sub-subcontractors) the following types and minimum amounts of insurance:

i. Commercial General Liability Insurance including liability assumed under written contract, bodily injury, property damage, personal and advertising injury, and products/completed operations liability written on an occurrence basis with minimum combined single limits for bodily injury and property damage of $1,000,000 per occurrence;

ii. Automobile Liability coverage for all owned, non-owned and hired vehicles written on an occurrence basis, with minimum combined single limits of $1,000,000 per occurrence;

iii. Workers’ Compensation Insurance providing statutory benefits and Employer’s Liability Insurance with minimum limits of $1,000,000 per occurrence;

iv. Umbrella Liability on a follow-form basis providing coverage excess of the underlying policies required by i., ii, and iii. above in an amount of at least $1,000,000 per occurrence; and

v. If Contractor is using, transporting or disposing of any hazardous materials, potentially harmful materials, chemicals, waste or similar then Contractor will also carry Pollution Liability insurance with a limit of at least $1,000,000 per occurrence. This insurance may be on a claims-made form if there is a retroactive date that proceeds the first date of work or services under this agreement and is maintained for at least two (2) years following the conclusion of work.

Contractor is not required to commercially insure its owned, rented or borrowed machinery, tools, equipment, office trailers, vehicles, and other property but agrees that Owner is not responsible for and Contractor holds Owner harmless for loss, damage or theft of such items.

A. All insurance required under this Article shall be with companies and on forms authorized to issue insurance in

Florida and with an insurer financial strength rating from AM Best of no less than A- or an equivalent rating from a similar, recognized ratings agency unless such requirements are waived, in writing, by the Owner’s Risk Manager. Certificates of insurance (or copies of policies, if required by the Owner) shall be furnished to the Owner.

B. CANCELLATION. All such insurance required by this Article shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days unrestricted prior written notice thereof is furnished to Contractor, who agrees to promptly relay any such notice received to Owner.

C. ADDITIONAL INSUREDS. Each liability policy required herein (except Workers’ Compensation or Professional Liability) shall schedule as Additional Insureds, on a primary and non-contributory basis, the Owner and its affiliated entities and their supervisors, officers, employees, agents and assigns.

D. WAIVERS. The Contractor hereby waives, and will require its Subcontractors and Sub- subcontractors to waive and to require its and their insurers to waive their rights of recovery or subrogation against the Owner and its affiliated entities, supervisors, officers, employees, agents and assigns.

E. CLAIMS. The Contractor and its Subcontractors and Sub-subcontractors shall assist and cooperate in every manner possible in connection with the adjustment of all claims arising out of the operations conducted under or in connection with the Work and shall cooperate with the insurance carrier or carriers of the Owner and of the Contractor, its Subcontractors and Sub-subcontractors in all litigated claims and demands which arise out of said operations and which the said insurance carrier or carriers are called upon to adjust or resist.

SECTION 13. EXHIBITS

EXHIBIT A – Scope of Service

ATTACHMENT 1 – Fertilizer Log

ATTACHMENT 2 – District Trash Removal Log

ATTACHMENT 3 – CFTOD Ponds 2023

ATTACHMENT 4 – CFTOD Resolution 518 Fertilizer

EXHIBIT B – Bid Pricing Form* V.2 11.16.23

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EXHIBIT C – Client Reference List*

EXHIBIT D – Bid Submittal Affidavit*

EXHIBIT E – BuyLocal/Veteran/Opportunity Zone Affidavit of Eligibility

ATTACHMENT 5 - Sample Contract

*Submit with Bid