Delivery_of_Concrete_Materials_&_Concrete_Repair_Services.pdf

IFB14-25

DELIVERY OF CONCRETE MATERIALS & CONCRETE

REPAIR SERVICES

DEADLINE FOR QUESTIONS: September 22, 2025

RESPONSE DEADLINE: October 1, 2025, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

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 11:00 am 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

Delivery of Concrete Materials & Concrete Repair Services

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

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

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

Electronic submissions must be received and time stamped by City of Winter Park's eProcurement portal on or before 11:00 am Wednesday, October 1, 2025. 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 City of Winter Park ("City") is seeking bids for the purchase and delivery of concrete materials.

The City is also seeking bids for concrete repair and installation services for concrete sidewalks, curbs, driveways, etc., throughout the City.

Contractors are not required to submit pricing for all bid items in order for their response to be considered responsive. The City reserves the right to make multiple awards under this solicitation.

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

Amanda LeBlanc

Procurement Agent

401 South Park Avenue

Winter Park, FL 32789

Email: aleblanc@cityofwinterpark.org

Phone: (407) 643-1627

Department:

Public Works & Transportation

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 Project Date August 28, 2025

Question Submission Deadline September 22, 2025, 11:00am

Proposal Submission Deadline October 1, 2025, 11:00am

2. 2. ............................................. Bid Preparation & Submittal mailto:aleblanc@cityofwinterpark.org tel:(407)643-1627

2.1. 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.

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 an Offeror’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 Responses Due

Electronic responses must be submitted via the City's Procurement Portal by 11:00 am Wednesday, October 1, 2025. It is the Respondent’s responsibility to ensure that your proposal is submitted at the proper time to the City's Procurement Portal. Proposals that, for any reason, are not so submitted will not be considered. All proposals received after 11:00 am Wednesday, October 1, 2025 will not be accepted. Under no circumstances will City of Winter Park be responsible for late proposals or submissions.

All proposals will be opened and acknowledged immediately following proposal due date and time. All proposals will be opened and acknowledged immediately following proposal due date and time.

Pursuant to Florida Statute 119.071 (1)(b)1. a., sealed bids, electronic proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

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

2.4. 2.4. ................................................................................. 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.

2.5. 2.5. ......................................................................................... 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 https://procurement.opengov.com/portal/cityofwinterpark/ mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/184828/document?section=1706890 https://procurement.opengov.com/portal/cityofwinterpark responsibility to be sure its response is submitted to the City's Procurement Portal by 11:00 amWednesday, October 1, 2025. 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.

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

The City of Winter Park is seeking bids for Delivery of Concrete Materials & Concrete Repair

Services and is open to all parties that meet the requirements of this solicitation. 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. ............................................... Purchase & Delivery of Concrete Materials

A. All orders shall be placed on an as-needed basis at the sole discretion of the City.

B. The City insists that delivery schedules be met as specified with each individual order placed with the Successful Respondent.

C. Delivery: All bids will indicate the lead time required for deliveries. All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, excluding legal holidays, unless otherwise agreed to by the receiving department.

D. Materials may be rejected at time of delivery if they do not meet specifications.

E. The City may require any or all materials to be subjected to tests by means of samples.

The Contractor shall furnish at their own expense, the materials necessary for the required samples, without charge to the City.

F. By submitting a bid form, the supplier shall grant permission for a representative from an independent testing laboratory, as agent for the City, to enter upon the Contractor's premises and draw whatever samples are necessary for testing. Testing shall be paid for by the City and shall be made as the City deems in its own best interest. Testing shall be performed on mined and/or machined material only.

G. If, after sampling and testing, it is found that a source of supply which has been approved does not furnish a uniform product, or if the product from any source proves unacceptable at any item, then the City may, on an order basis, go to the next qualified Respondent without penalty to the City.

H. No blending of materials to meet the requirements below will be permitted unless authorized by the City. When blending is permitted, the blending material shall be tested

(by the City) and approved before being used.

3.2. 3.2. ........................................................................ Concrete Repair Services

A. All repair services shall be placed on an as-needed basis at the sole discretion of the City.

B. Bids must include all labor and materials required to complete the work.

C. Specifications. For each Project, the City shall submit a Work Order and schedule of completion to the Contractor. Contractor shall give notice of its acceptance of the Project within 24 hours of receipt of the Work Order (or, if such time falls on a weekend or legal holiday, by noon of the next business day) or shall be deemed to decline the Project. If a

Contractor declines a Project, the Work Order shall be offered to another short-listed

Contractor. This process shall continue until a Contractor accepts the terms of a Work Order.

D. Project Response Time. Within seven (7) days of acceptance of the Work Order, Contractor shall commence and schedule work in such a time as to meet the completion schedule, unless otherwise notified by the City. If Contractor does not meet scheduled completion date, the

City reserves the option to proceed to the next Contractor immediately.

E. Application for Payment. Application for payment shall be submitted on the Contractor’s invoice.

F. General. The work specified in this Section consists of the construction of curb, curb & gutter, and/or sidewalks & driveways of Portland cement concrete. Such work shall be constructed in accordance with industry standards and in conformity with the lines, grades, dimensions, and notes shown on the plans. Contractor may elect to use a curb machine. All concrete shall be finished as recommended by the P.C.A. and these specifications. Sidewalks & bike paths shall have a minimum of one-quarter inch (¼”) per foot positive slope from the top of curb or edge of pavement, unless otherwise specifically approved by the City Engineer. All grades, slopes & cross-slopes are to comply with all current ADA standard requirements. The minimum sidewalk width will typically be five (5) feet or will match existing width upon approval of the City

Engineer.

G. Forms. Forms shall be straight, free from warp or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without springing. Forms shall have a depth equal to the plan dimensions for the depth of the concrete being deposited against them unless otherwise approved by the City Engineer.

H. Construction Methods. Excavation shall be made to the required depth with the subgrade or base to be compacted to 95% to ASHTO T-180. The concrete shall be placed in the forms to the depth specified and tamped & spaded until mortar entirely covers its surface. The top of the curb or gutter shall be floated smooth and the edges rounded to the radius shown on the plans.

I. Joints. All joints shall comply with the Standard City Details as described in these specifications. Where metal templates are used for joint construction, the curb, curb and gutter, etc. shall be constructed in uniform sections ten feet (10') in length, except where shorter sections are necessary for closures, but no section shall be less than five feet (5').At the option of the Contractor, the sections may be formed by the use of dummy joints (either formed or sawed) or by the use of sheet metal templates. If sheet metal templates are used, they shall be of the dimensions and shall be set to the lines shown on the plans. The templates shall be held firmly during the placing of the concrete and shall be left in place until the concrete has set sufficiently to hold its shape, but shall be removed while the forms are still in place. Dummy joints shall be spaced at ten-foot (10') intervals for curb and five-foot (5') intervals for sidewalks & bike paths. They shall be one quarter (¼) the depth of the concrete.Expansion joints shall be placed in sidewalks & bike paths at a maximum of twenty feet (20') and at driveways, sidewalk & bike path intersections, all inlets, all radius points, all points where operations cease for any considerable time (such as the end of the day’s run), etc. A one-half inch (½”) expansion joint shall be installed between all curbs and any abutting structures, excluding driveway approaches.

J. Finishing.

1. Surface Requirements: The gutter or flow-line section or curb shall be tested with a ten foot (10') straight edge laid parallel to the centerline of the roadway, while the concrete is still plastic. Irregularities in excess of one quarter inch (¼”) shall be immediately removed.

2. Repair of Minor Defect: The forms shall be removed within 24 hours after the concrete has been placed, and minor defects then filled with mortar composed of one-part Portland cement and two parts fine aggregate. Plastering will not be permitted on the face of the curb, and any rejected curb, curb and gutter, or valley gutter shall be removed and replaced.

K.

L. Final Finish. The top of the curb, and the face from the top to eight inches (8") below, shall be given a surface finish while the concrete is still green. In general, only a brush finish will be required.

M. Curing. All curbs shall be covered with suitable material and kept moist for a period of three

(3) days, or longer when necessary, and shall be protected in a satisfactory manner from damage by the elements or other causes until acceptance of the work. If curing compound is used, moistening is not required.

N. Backfilling & Compaction. After the concrete has set sufficiently, but not later than three

(3) days after placing, the spaces in front and back of the curb shall be refilled to the required elevation with suitable material, which shall be placed and thoroughly compacted in layers not thicker than six inches (6"). Where bases are to be constructed adjacent to the curb, the concrete shall be properly backfilled and shall set for a period of not less than three (3) days before any base material is placed against it.

O. Requirements for Machine-Laying. As a specific requirement for machine-laid curb and gutter, contraction joints shall be sawed unless an alternate method of construction is approved in advance. Joints on curbs shall be provided at intervals of ten feet (10’), except where shorter intervals are required for closure, but no joints shall be sawed or constructed at intervals of less than five feet (5'). Sidewalks may also be machine-laid.

P. Curb Ramps. Ramps shall be required at all intersections and shall be in compliance with current Florida Department of Transportation (FDOT) Roadway Design Standard Index 304 in compliance with Americans with Disability Act (A.D.A.) Guidelines as prescribed by law. At each intersection, there must be a sufficient number of curb ramps to facilitate ingress and egress from both sides of the roadway. Ramps shall be constructed in accordance with the

City’s Standard Details as described in these specifications.Placement of ramps shall be coordinated with the City Engineer and/or the authorized Designee. Truncated dome detectable warning devices may be cast-in-place tile mat or brick paver as directed by the

City.

Q. Curbing. The width of the curb and gutter shall be a minimum of twenty-four inches (24") and shall comply with FDOT Index 300, unless otherwise approved by the City Engineer.

Simple vertical curbing within right- of-way will not be approved by the City except to match existing adjacent curb. All areas where vertical curbing is required must be approved by the

City Engineer. In areas where swale drainage is proposed, a flush curb must be constructed.

Standard details of acceptable curb types are present in FDOT Index 300. Approved traffic separators of the FDOT Index 302 may be used, as approved by the City Engineer.No water valve boxes, meters, portions of manholes, or other appurtenances of any kind relating to any underground utilities shall be located in any portion of a curb-and-gutter section.The minimum allowable flow line grade of curbs and gutters shall be 0.24% longitudinally except in intersections where flatter grade shall be allowable.The tolerance for ponded water in curb construction is one-fourth inch (¼”) maximum; if exceeded, the section of curb shall be removed and reconstructed to grade.Quality of Work. If at any time any materials or workmanship should be discovered which do not comply with the plans, specifications and contract drawings, such defective work and/or material shall immediately be removed or corrected by the Contractor when notified by the City, and such defects shall be replaced or corrected at the Contractor's expense. Any work or materials condemned by the City as unsuitable or improperly done shall be removed and repaired or otherwise remedied, as specified by the City Engineer.If the Contractor neglects or refuses to remove or replace defective work or materials within seven (7) days from the date of notice by the City, the City may remove or cause the same to be removed and satisfactorily replaced by a Contractor as deemed expedient & responsible. Additionally, they may and are empowered to charge the expense thereof to the deficient Contractor. The expense so charged will be deducted and paid by the City out of such monies as are or may become due under this agreement. If such monies are insufficient to meet said expense, the additional monies shall be furnished by the

Contractor.The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect him from loss on account of:

o Defective work not remedied;

o Claims filed or reasonable evidence indicating probable filing of claims;

o Failure of the Contractor to make payments promptly to subcontractors or for material, labor and/or equipment;

o A reasonable doubt that the Contract can be completed for the balance then unpaid;

o Damage to another Contractor;

o Failure of Contractor to perform cleanup and/or restoration;

o Insolvency of Contractor o Manifest intent of Contractor not to proceed diligently or to complete the Contract.

R.

S. Inlet Tops. Inlet tops should be constructed to current FDOT Roadway Design Standard

Index 210 & 211, or as necessary to match existing conditions as directed by the City of Winter

Park.

4. 4. ........................................... Standard Terms & Conditions

4.1. 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. 4.2. ......................................................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.

4.3. 4.3. .............................................................................................. 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.

4.4. 4.4. ................................................................................................. 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.

4.5. 4.5. ....................................................................................... Contract Term

Unless otherwise agreed in a written document approved and signed by the City, the contract shall be in effect for twelve (12) 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, third, fourth, and fifth 12-month period, not to exceed sixty (60) months in total, after written consent of both parties and approval by the

City Commission or City Manager. Approximately forty-five (45) days prior to 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, third, fourth, or fifth term.

4.6. 4.6. .............................................................................. 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).

4.7. 4.7. ..................................................................................... 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.

4.8. 4.8. .................................................................................................... Taxes

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

4.9. 4.9. ................................................................................................ 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.

4.10. 4.10. ............................................ 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.

4.11. 4.11. .................................................................................... Contract Award

The City reserves the right to:

• award by individual item, aggregate, or none, or any combination thereof;

• award to one or more suppliers;

• 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.

4.12. 4.12. .... 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.

4.13. 4.13. ................................................................. 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.

4.14. 4.14. ................................................................................... 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.

4.15. 4.15. ............................................................................................. 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.

4.16. 4.16. .............................................................. 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 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.

4.17. 4.17. .......................................................................................... 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 https://cityofwinterpark.org/departments/administration/procurement/

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.

4.18. 4.18. ............................................................................. 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.

4.19. 4.19. ........................................................................ 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 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.

4.20. 4.20. ............................................................... 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.

4.21. 4.21. ..................................................... 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.

4.22. 4.22. ........................................................................ 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 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.

4.23. 4.23. ....................................................... 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.

4.24. 4.24. ....................................................................... 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 https://cityofwinterpark.org/departments/administration/procurement/ 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.

4.25. 4.25. ........................................................................... 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).

4.26. 4.26. .................................................................................... 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.

4.27. 4.27. ............................................................................... 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…