Ditch_Maintenance_and_Cleaning_Services_(Addendum_#3_Revision).pdf

INVITATION TO BID (ITB)

2024-048

DITCH MAINTENANCE AND CLEANING SERVICES

City of St. Cloud

1300 9th Street

St. Cloud, FL 34769

RELEASE DATE: June 2, 2024

DEADLINE FOR QUESTIONS: June 27, 2024

RESPONSE DEADLINE: July 16, 2024, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Cloud

INVITATION TO BID (ITB)

Ditch Maintenance and Cleaning Services

I. Introduction II. Advertisement For Bids

III. Instructions to Bidders IV. Minimum Qualifications V. Scope of Work

VI. Pricing Proposal VII. Proposal Forms

VIII. Contractual Documents IX. General Terms and Conditions X. Federal Requirements

Attachments:

A - Sample Agreement

B - Exhibit Map

Invitation To Bid (ITB) #2024-048 Title: Ditch Maintenance and Cleaning Services

1. Introduction

1.1. Summary

It is the intent of this solicitation to engage one contractor to provide ditch maintenance and cleaning services for multiple locations throughout the City of St. Cloud on an as-needed basis. Services shall include removal of any impediments of flow, to include but not limited to debris, trash, vegetation, trees, and sediment accumulation. Service results shall allow for unobstructed flow of water at each location. Ditch maintenance and cleaning services shall be scheduled and performed on an as-needed basis. Contractor shall be capable of successfully performing basic surveying to check and verify topographic information, such as line, grade, slope, and interpret plans and drawings for regrading ditches. Under the solicitation process, the stipulations set forth herein are fully binding on the bidder to the extent that you confirm acceptance in the Respondent’s Certification.

1.2. Contact Information

William Arce

Procurement Analyst

The City of St Cloud

1300 9th St

St. Cloud, FL 34769

Email: william.arce@stcloudfl.gov

Phone: (407) 957-7498

Department:

Procurement

Department Head:

Leslie Flores

Procurement Services Director

1.3. Timeline

Release Project Date June 2, 2024

Pre-Proposal Meeting (Non-Mandatory) June 20, 2024, 9:00am

Brown Chapel Road, St. Cloud, Florida 34769, north of Sugar Mill Community and south of Blackberry

Circle, St. Cloud, Florida 34769. Utilize gate access on north side of ditch. See Exhibit 'A' for entrance off Brown Chapel Rd

Question Submission Deadline June 27, 2024, 5:00pm mailto:william.arce@stcloudfl.gov tel:(407)957-7498

Proposal Submission Deadline July 16, 2024, 10:00am

2. Advertisement For Bids

2.1. Notice

The City of St. Cloud is seeking competitive bids for the following:

INVITATION TO BID (ITB) NO.2024-048

Ditch Maintenance and Cleaning Services

TO BE CONSIDERED, BIDS MUST BE ELECTRONICALLY SUBMITTED THROUGH

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

BID OPENING WILL BETuesday, July 16, 2024 AT 10:00 am LOCAL TIME

VIA A VIRTUAL ZOOM MEETING

Bid documents and specifications are available online via the City’s e-Procurement Portal (“Portal”) at https://procurement.opengov.com/portal/stcloud Bids shall be according to the specifications, terms and conditions, and shall be on the forms provided. A Pre-Bid Conference will be held on Thursday, June 20, 2024 at 9:00 am local time at Brown Chapel Road, St. Cloud, Florida 34769, north of Sugar

Mill Community and south of Blackberry Circle, St. Cloud, Florida 34769. Utilize gate access on north side of ditch. See Exhibit 'A' for entrance off Brown Chapel Rd. Bids shall be submitted electronically prior to the specified date and time. Bids will be opened and publicly read aloud via a virtual meeting, on the above appointed date and time. All questions shall be addressed in writing and sent via the Portal’s

Questions and Answers tab. The deadline for submitting questions is 5:00 pm, Thursday, June 27, 2024. Questions will not be accepted if received after this date and time.

Submission of a bid/proposal/submittal shall constitute an acknowledgement by the Bidder that he/she has thoroughly examined and is familiar with the Invitation to Bid (ITB). The failure or neglect of a Bidder to examine the Invitation to Bid (ITB) shall in no way relieve him/her of any obligations with respect to either his/her bid or the Invitation to Bid (ITB). No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Invitation to Bid (ITB). Questions and/or information requests will be answered in an addendum after the deadline, which will be available from Procurement

Services and posted on the City's Portal. It is the bidder’s responsibility to verify whether any addenda have been issued and verify receipt of addenda on below to ensure any addenda are received in order to submit a responsible and responsive offer. Uploading an incomplete document may deem the offer non-responsive, causing rejection.

Bidder shall assume full responsibility for timely electronic submission for receipt of bids. Bids received after the time and date for receipt of bids will not be accepted.

Prohibited Communications

Potential bidders shall not communicate in any way with the consultants, elected or appointed officials, City Manager or any City staff, other than Procurement Services personnel, from the time of bid advertisement through and including bid award, except during scheduled pre-bid meetings. Such communication shall result in disqualification.

Bidder acknowledges any executed document submitted electronically or digitally shall be considered an original.

The City of St. Cloud reserves the right to reject any and all bids or part thereof and/or to waive any and all irregularities in any bid.

3. Instructions to Bidders

3.1. PUBLIC RECORD STATEMENT

By submitting a proposal to the City of St. Cloud, each Bidder acknowledges and understands that the

City of St. Cloud is a public agency subject to Chapter 119 Florida Statutes (“Public Records Law”) and all responses are deemed a public record and open to public scrutiny. Any Proposal document the Bidder submits will be a public record when the City of St. Cloud provides notice of an intended decision or 30 days after opening the bids, proposals, or final replies, whichever is earlier. Trade Secrets, certain background financial information, and other items, may constitute exemptions to disclosure under the

Public Records law. Bidder expressly understands records associated with this project are public records and agrees to comply with Florida’s Public Records Law, to include:

1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services contemplated herein.

2. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this Florida’s Public Records law or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

4. Meet all requirements for retaining public records and transfers, at no cost, to the City, all public records in possession of the Bidder upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

5. IF BIDDER HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S

DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS

CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S

CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE,

1300 9TH STREET, ST. CLOUD, FLORIDA 34769, TELEPHONE

407-957-7300, EMAIL cityclerk@stcloudfl.gov.

3.2. ACKNOWLEDGEMENT

1. Submission of a bid/proposal shall constitute an acknowledgement by the Bidder and certifies that they have thoroughly examined and is familiar with the Invitation to Bid. The failure or neglect of the

Bidder to examine the ITB shall in no way relieve him/her of any obligations with respect to either his/her bid or the ITB. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Invitation to Bid.

2. The selected Bidder shall comply with all Federal and State requirements.

3. All proposals must be confirmed by an authorized signer of the firm. Obligations assumed by such confirmation must be fulfilled.

4. Alternate bids will not be considered unless they are specifically called for in this solicitation.

5. From the issue date of this solicitation packet until a selection decision is made, no unauthorized contact related to this solicitation will be allowed between a Bidder, their employees or subcontractors and any elected or appointed officials, City Manager or any City staff, with the exception of the

Procurement Services Department. Any unauthorized contact will disqualify the Bidder from further consideration.

6. Any protest shall be in accordance with the City of St. Cloud Procurement Policy.

7. The selected Bidder agrees to provide, within ten (10) calendar days from the notice of award, insurance requirements in accordance to the requirements in the terms and conditions specified in this

ITB. All policies shall be subject to approval by the City of St. Cloud, and issued by companies authorized by the State of Florida’s Department of Insurance to conduct business in the State of Florida.

8. The selected Bidder agrees that it and its subcontractors have a Drug-Free Workplace Program that complies with Florida §§ 287.087. Refer to required forms.

9. The selected Bidder shall submit only one proposal/bid in response to this solicitation, and shall have no financial interest in other entities submitted proposals/bid responses for the same solicitation.

10. Neither the selected Bidder, nor its affiliates, nor anyone associated with them shall have any potential conflict interest due to any other clients, contracts, business relationships or property interests for this solicitation packet’s scope of work.

11. No member of the selected Bidder’s ownership, management, or staff shall have a vested interest in any of the City, nor any business or other relationship with any of the City’s employees, officers, directors, or elected officials, that creates a conflict of interest or the appearance of a conflict of interest. All Bidders/Proposers must disclose with their Bid/Proposal the name of any officer, director, or agent, who is also an employee of the City. Further, all Bidders/Proposers must disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s/Proposer’s firm or any of its branches. The Award hereunder is subject to provisions of State Statutes and City Ordinance.

12. No member of the selected Bidder’s ownership or management is presently applying for an employee position or actively seeking an appointment with the City.

13. The selected Bidder, or authorized signatory, shall provide written notice to the City in the event that a conflict of interest is identified at any time.

14. The vendor shall comply with Federal requirements per 2 Code of Federal Regulations (CFR) Part

200, Uniform Guidance, and any subsequent revisions and updates.

3.3. REQUEST FOR ADDITIONAL INFORMATION

The respondent shall furnish such additional information as the City of St. Cloud may reasonably require.

This includes information which indicates financial resources as well as ability to provide the services.

The City reserves the right to make investigations of the qualifications of the respondent as it deems appropriate, including but not limited to, a background investigation.

3.4. ECONOMY OF PREPARATION

Submittals should be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to fulfill the requirements.

3.5. PROPRIETARY INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Record Law) and except as may be provided by other applicable State and Federal Law, all respondents should be aware that the Invitation to Bid and the responses are in the public domain. However, the respondents are requested to identify specifically any information contained in their submittals which they consider confidential and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids/proposals received from respondents in response to this Invitation to Bid will become the property of the City of St. Cloud and will not be returned to the respondents. In the event of award, all documentation produced as part of the contract will become the exclusive property of the City, unless otherwise specified in the contract.

3.6. STATEMENT OF NO RESPONSE

The City of St. Cloud Procurement Services Department is committed to continuously improving its processes to receive maximum participation from the industry/market. The City is requesting that firms and individuals, who do not wish to bid on this ITB, complete the No Response Form and send to purchasing@stcloudfl.gov briefly explaining their “no response” decision. This will help to improve the solicitation process and any future communications.

3.7. INFORMATION

Bidders shall prepare submittals in accordance with the requirements of these Instructions to Bidders.

Not preparing a submittal, in accordance with such instructions, implies that the Bidder does not intend to comply with all the proposed contract conditions. Such submittals will be considered irregular and may be rejected.

The City of St. Cloud will receive submittals through the OpenGov portal for goods, equipment, materials, and related services set forth in the included specifications and documents.

3.8. COMMON TERMS

The City of St. Cloud and Bidders (the parties) agree that the following phrases each shall have the meaning provided here and may be used interchangeably:

1. “Bidder(s)”, “Supplier(s)”, and “Proposer(s)” shall mean the organization, party, person, firm, company, corporation, partnership, joint venture, or other type of entity responding to this solicitation.

2. “Solicitation” shall mean, “Request for Proposal(s)”, “RFP”, “Request for Qualifications”, “RFQ”, “Request for Quote”, “QUO”, “Invitation to Bid”, “ITB”, “Solicitation Package” or, “Solicitation Packet”, to which the Bidder is responding.

3. “Bid(s)”, “Proposal(s)”, “Submittal(s)”or “Quote(s)” shall mean the documents formally submitted to the City of St. Cloud by each of the Bidders responding to this solicitation packet.

3.9. ELECTRONIC SUBMITTAL OF BID

Bidders shall submit Bids in accordance with the instructions and schedule included in the solicitation containing these specifications and documents.

A. To ensure correct Bid formatting, Bidders shall:

1. Submit Bids electronically through procurement.opengov.com.

2. Upload files only in MS Word (.doc or .docx), Excel (.xls or .xlsx), and PowerPoint (.ppt or

.pptx); Adobe Portable Document Format (.pdf).

3. Enable printing on files submitted.

4. Clearly identify the ITB Number, Name, Submission Date, and Bidder Name on the

Response Cover Page.

5. Separate and identify each part of the submission (i.e. document type, form type, content type) with a divider/separation page.

6. Contact OpenGov technical support at procurement-support@opengov.com , if technical difficulties arise during bid/proposal submission.

7. Follow all instructions outlined in this ITB and provide all requested information.

Bidder shall assume full responsibility for timely electronic submission through procurement.opengov.com for receipt of bids. Bids received after the time and date for receipt of bids will not be accepted.

3.10. ALTERNATE BIDS

Alternate bids will not be considered unless they are specifically called for in this solicitation.

3.11. WITHDRAWAL

Bidders may withdraw, alter, and resubmit their Bids at any time prior to the Bid due date and time. Bids may not be withdrawn, altered, or resubmitted after the Bid due date and time. The City of St. Cloud may request clarifications and additional information after bid/proposal submission.

3.12. MINORITY/WOMEN BUSINESS ENTERPRISES (M/WBE)

The City of St. Cloud encourages the full and equitable participation of Minority and Women Business

Enterprises (M/WBE) in the procurement of services.

Describe the Bidder’s plan for utilizing small business, minority, and/or disadvantaged entrepreneurs, and local participation in pre-qualifying vendors and subcontractors, if such a plan exists.

mailto:procurement-support@opengov.com

3.13. BID/PROPOSAL PREPARATION COSTS

The City of St. Cloud shall not compensate any bidder for preparation of responses to this invitation to bid.

3.14. SUBSTITUTIONS (IF APPLICABLE)

The City of St. Cloud is seeking bids/proposals that meet all technical and commercial requirements as outlined in this solicitation. The materials, products and equipment described in this solicitation packet establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. Should any Bidder/Proposer desire to use products other than those specified, Bidder/Proposer shall request permission to do so via email to purchasing@stcloudfl.gov at least fifteen

(15) days prior to bidding, providing all necessary data. If a Bidder/Proposer is unable to obtain written approval of a proposed substitution prior to the date, Bidder/Proposer shall base their bid on the exact item specified. The permission, if granted, will be communicated by Addendum to all bidders.

3.15. CLARIFICATIONS

If a prospective Bidder has doubt as to the true meaning of any part of the solicitation, they may submit a written request for clarification through purchasing@stcloudfl.gov; verbal requests will not be accepted. The Bidder should reference the Solicitation Package page number and section heading on any clarification requests.

Failure of the Bidder to request information or make inquiries will not relieve them of any responsibility to perform under the terms of any contract awarded for the work in accordance with subsequent clarifications.

The City of St. Cloud shall issue an addendum to all Bidders, via the Portal, following the deadline for questions.

3.16. LOCAL CONDITIONS

Each Bidder shall have thorough knowledge of conditions, factors, and scope of work, which would affect the execution and completion of the requested work. If required, site visits may be held the day of the Pre-Response Conference.

Bidders shall investigate properly and consider all such factors in the preparation of every Bid/Proposal submitted. The City of St. Cloud shall not permit claims for financial adjustment based on the lack of prior information or its effect on the cost of the work.

3.17. SOLICITATION OPENING

The City of St. Cloud shall open Bids electronically via the Portal on the ITB Due date.

3.18. SOLICITATION SCHEDULE

The City of St. Cloud shall adhere to the stated schedule during the solicitation process, unless a change notice is issued to the Bidders via a written addendum. The City of St. Cloud reserves the right to postpone the date and time announced for the opening of Bids at any time.

3.19. BID ACCEPTANCE AND REJECTION

The City of St. Cloud reserves the right to accept or reject any and/or all Bids/Proposals, with or without cause, when in the best interest of the City. The City also reserves the right to withdraw all or part of this request at any time in order to protect the City’s interest. The City reserves the right to reject any bid/proposal found to be non-responsive, vague, non-conforming, or irresponsible. The City of St. Cloud reserves the right to make such investigation as it deems necessary to make this determination.

Additional information shall be provided by the Vendor if requested by the City. Such information may include, but shall not be limited to, current financial statements, verification of availability of equipment and personnel, and past performance goals. The City reserves the right to negotiate modifications to bids/proposals that it deems acceptable, reject any and all bids/proposals, and to waive irregularities in the procedure if, in the City’s judgment, it will best serve the City’s interests. The desire of the City of St.

Cloud to pursue bids/proposals shall in no way obligate the City to execute a contract with proposer(s).

3.20. BID EVALUATION CRITERIA

The City of St. Cloud reserves the right to consider historic information and facts, whether gained from the Bidder’s submittal, pre-bid conference, references, and/or other sources during evaluation process.

The City of St. Cloud may conduct such investigations to assist with the evaluation of any Bid. The investigation also serves to establish the Bidders’, subcontractors’, and other related entities’ responsibility, qualifications, and financial ability to fulfill the Bid requirements to the City’s satisfaction, within the prescribed time. The Bidder solely is responsible to submit information required by the ITB.

The City of St. Cloud is under no obligation to solicit such information. Failure of the Bidder to submit required information may result in disqualification of bid.

3.21. CANCELLATION

Prior to the final execution of a Contract or full Notice to Proceed, the City of St. Cloud reserves the right to rescind said award without prior notice to Bidders. In addition, the City of St. Cloud may reject all

Bids, reissue the solicitation packet, or re-award the contract.

3.22. BID BOND

Bidder may be required to submit a certified check or cashier’s check drawn on an acceptable bank, or an acceptable bid bond executed by the Bidder and a surety company authorized to do business in the

State of Florida. The value of the bid bond shall be five perfect (5%) of the bid price schedule. When submitting a Bid through the Portal, the Bidder shall provide a copy of the check and express mail the original check to the delivery location provided on the first page of the Solicitation Packet Form.

The bid bond guarantee shall be made payable without condition to the City of St. Cloud. The amount of the check or bond may be retained and forfeited to the City of St. Cloud as liquidated damages if the Bid results in a contract award and the Bidder fails to honor the accepted terms.

The City of St. Cloud shall return the selected Bidder’s bid bond when the Bidder executes the contract and files a satisfactory payment and/or performance bond, if required. The City of St. Cloud may retain the bid bond of the second highest ranked Bidder for a period not to exceed thirty (30) days, pending the execution of the contract by the selected Bidder. The City of St. Cloud shall return the bid bond of each unsuccessful Bidder upon request, after the contract is awarded or when the Bid is rejected.

3.23. PAYMENT AND PERFORMANCE BOND

The selected Bidder may be required to furnish Payment and Performance Bonds to the City of St. Cloud per Florida Statutes, Section 255.05 equal to 100 percent of the total bid amount as specified in the contract documents. Bond forms will be furnished by the City and only those forms will be used. Per

Florida Statute 255.05, upon approval and award of the project, the performance and payment bonds are required to be recorded by the awarded contractor in the public records of Osceola County, Florida.

An original or certified copy of the bonds must be returned to the City of St. Cloud Procurement Services

Department. A surety company, authorized to do business in the State of Florida and acceptable to the

City of St. Cloud, shall sign the bonds. The bonds shall be dated with the actual execution date. With these bonds, the responsible party shall file certified copies of the power of attorney of such attorney-in fact signing the bond on behalf of the surety, and such certificates shall be certified to show that such power of attorney was in effect to and including the date of the actual execution of the bonds. If bonds are required, they shall remain in full force and effect until satisfactory completion of any specified performance guarantee tests, or satisfactory completion of all other contractual requirements, which shall occur last. The City of St. Cloud shall furnish a copy of the selected Bidder’s bond to any lienor demanding that bond under the provisions of Florida Statutes.

3.24. CONTRACT AND EXECUTION

“Contract” shall mean the solicitation documents as defined and listed herein, advertisement, instructions to bidders, bid form, bid bond, contract agreement, payment and performance bonds, general and special conditions, and specifications, together with all addenda and supplemental agreements. The selected Bidder shall execute the necessary contractual forms and return the executed forms within ten (10) business days of receipt of forms for execution.

3.25. AWARD

The City of St. Cloud Procurement Services Department will present the selected firm to the City Council for approval or rejection of all or some categories of submittals.

3.26. TAXES, PERMITS, AND LICENSES

The Bidder’s attention is directed to the General Terms and Conditions and the Florida Statutes regarding taxes, permits, and licenses. It shall be the Bidder’s responsibility to determine the applicable taxes, permits, and licenses. If the Bidder has doubt as to whether or not a tax, permit, or license is applicable, they shall state in their bid/proposal whether this item has been included in their bid/proposal price and the amount of the applicable tax, permit, or license in question.

3.27. ERRORS AND OMISSIONS

Any or all bids will be rejected if there is reason to believe that collusion exists among the Bidders and no participants in such collusion will be considered in future bids. Bids in which the prices obviously are unbalanced will be rejected.

Falsification of any entry made on the Contractor's bid will be deemed a material irregularity and will be grounds, at the Owner's option, for rejection.

The Owner reserves the right to reject any or all bids, to waive technicalities, and to reject the bid of a

Bidder who is not in a position to perform the contract.

3.28. AWARD OF CONTRACT

Bidders or their authorized representatives are expected to be fully informed as to their conditions, requirements and specifications before submitting bids/proposals; failure to do so will be at the Bidder’s own risk. In case of error of extension of prices in the bids/proposal, the unit price shall govern.

3.29. BID PROTEST

Any actual or prospective Bidder, Proposer, Submitter, or Contractor who is aggrieved in connection with a solicitation or award of a bid or agreement may protest in accordance with the appeal process in the City of St. Cloud's Procurement Policy.

3.30. GENERAL TERMS AND CONDITIONS

#General Terms and Conditions https://procurement.opengov.com/#General Terms and Conditions

4. Minimum Qualifications

In order for a Bid to be considered by the City, Bidders shall demonstrate, in their proposals, compliance with the following minimum requirements:

• Minimum of three (3) years experience providing specified services to public sector entities

• All necessary certifications

• Firm licensed to do business in the State of Florida

5. Scope of Work

5.1. Overview

Contractor shall provide all supervision, labor, equipment materials and fuel to perform ditch maintenance and cleaning services in accordance with the Scope of Services Summary, above.

5.2. Locations* (See Exhibits A-P in Exhibit Map Attachment)

EXHIBIT A. 2nd Street/Brown Chapel Road to Columbia Avenue – 191,664sqft

EXHIBIT B. 10th Street Ditch – 13,068sqft

EXHIBIT C. 17th Street/Virginia Avenue to Orange Avenue (South Ditch) – 26,136sqft

EXHIBIT D. 19th Street Ditch – 33,106sqft

EXHIBIT E. Bulldog Lane – 5,227sqft

EXHIBIT F. Chancellor Court and Garden Street /5th Street to Sugar Mill – 9,583sqft

EXHIBIT G. Crawford Avenue – 9,583sqft

EXHIBIT H. Georgia Avenue and 15th Street – 3,485sqft

EXHIBIT I. La Salle Avenue from Cypress Drive North – 108,900sqft

EXHIBIT J. Mutter Road – 20,473sqft

EXHIBIT K. Orange Avenue – 13,939sqft

EXHIBIT L. Tennessee Avenue and 14th Street – 3,485sqft

EXHIBIT M. Vermont Avenue and 17th Street – 871sqft

EXHIBIT N. W New Nolte Road from Michigan Avenue to S Indiana Avenue – 61,420sqft

EXHIBIT O. Lorraine Estates – 71,438sqft

EXHIBIT P. 3rd Street/Indiana Avenue to Illinois Avenue – 436sqft

*Further locations may be added as services become necessary.

5.3. Definitions

A. Area Inspector: Shall mean the duly authorized representative of the City who shall monitor the

Contractor’s progress within the Grounds Maintenance Area they are assigned to.

B. Ditch Maintenance: Shall refer to the normal and customary work performed in the care and maintenance of ditch sites as prescribed in the Scope of Work.

C. Grounds Maintenance Area: Shall refer to specific rights-of-way and City properties designated to receive specified grounds maintenance service.

D. Inclement Weather: Shall mean rain or when the condition of the soil is such that the rutting of property will not allow cutting of the turf to be accomplished in a satisfactory manner.

E. Trash/Litter: Shall mean any debris within the grounds maintenance area, such as paper, plastic, cans, bottles, limbs, rocks, etc., which are not intended to be present as part of the landscaping, inclusive of the entire area including streets, sidewalks, curbs, hillsides, ditches, etc.

5.4. Scheduling

Contractor shall arrange work schedule so as not to conflict with activities and/or special events scheduled for the area and Contractor shall notify the Area Inspector when they are servicing scheduled areas.

5.5. Ditch Maintenance

Removal of vegetation, plants, debris, and sediments, along with the hauling and disposal from each location, shall be completed in compliance with all applicable safety and technical related codes and laws by the awarded contractor. It is the responsibility of the Contractor to call in locates prior to excavation. Locations shall be scraped to the original grade, pipe to pipe elevation or flow line of pipe. It shall be the responsibility of the awarded contractor to provide necessary vehicles to have the removed material removed from the site. The awarded contractor is responsible for the disposal of removed material and is responsible for the fees associated with disposing of the material. Removed material shall not be left overnight.

5.6. Maintenance of Traffic

Contractor shall furnish all temporary traffic control signs, stands, cones and flagmen to properly maintain traffic in accordance with the Florida Department of Transportation (FDOT) Maintenance of

Traffic (MOT) Design Standards, latest edition. Temporary traffic control signs, stands, and channelizing devices will not be measured and is considered incidental to other traffic control items in the contract.

5.7. Sediment Control

Contractor shall furnish all labor and equipment to install, maintain and remove erosion and sediment control devices. All erosion and sediment control devices installation and maintenance shall be in accordance with Florida Department of Environmental Protection (FDEP) Stormwater, erosion, and

Sediment Control Standards. Erosion and sediment control devices shall be in place to perform work.

Contractor shall place erosion control measures to protect dirt or sediment infiltration into box and pipe culverts, cross drains, driveway pipes, other canals, etc. Upon completion of ditch work, all sediment and erosion control devices shall be immediately removed or as directed by the Area Inspector.

Contractor shall not track dirt on to the shoulder, pavement or roadway. Contractor shall keep all paved surfaces clear and clean of all materials resulting from ditch maintenance work.

5.8. Vegetation/Tree Trimming and Removal

Contractor shall be responsible for the removal and disposal of any and all vegetation, tree limbs and/or trees that hinder or prevent the safe operation of ditch, maintenance, re-grading and restoration maintenance, in the drainage right of way and available easement. Vegetation includes trees, branches, brush, underbrush, stumps, or other obstructions to future maintenance activities. Removal means and methods will be determined by the Contractor with approval of the Area Inspector, and may include mechanical cutting, hauling, tree and stump grinding (leaving less than 1” of mulch on the slopes or flats). Contractor will be required to remove tree trunks from downed trees in the ditches. Contractor will be required to remove all accumulated materials from the downed tree from the work area and dispose of them in a responsible manner. Removed trees shall become the property of the Contractor. If any trees are brought to the City transfer station they will be subject to tipping fees. Contractor is responsible for all hauling and tipping fees. Any tree hanging over into the Drainage Right of Way

(DROW) and additional easement that prevents the maintenance of the ditch, shall be removed.

Contractor needs to verify removal with Area Inspector.

5.9. Trash/Debris Pickup and Disposal

Prior to work beginning, trash and debris found within the ditch of the right-of-way shall be collected, removed from the site, and disposed of properly in accordance with all applicable codes and ordinances at no additional cost to the City. This includes all bottles, cans, plastic items and cups regardless of size;

any other items not part of the natural landscape including, but not limited to, tires, furniture, appliances, grocery carts, and illegally dumped debris.

5.10. Restoration

The Contractor shall take every precaution to avoid damage to surrounding properties (fences, houses, utilities, etc.). In the event that the Contractor has caused such damage, he or she shall repair, replace and/or make good on all claims to the satisfaction of the City and the claimant.

5.11. Supervisor

The Contractor shall provide an individual who shall be responsible for the performance of the work.

The name of this person and an alternate(s) who shall act for the Contractor when the supervisor is unavailable shall be designated in writing to a City of St. Cloud Procurement Services representative.

5.12. Authority

The supervisor or alternate shall have full authority to act for the Contractor on all matters relating to daily operation of this contract.

5.13. Standards of Service

The standards of service provided by the Contractor shall be equal to City of St. Cloud standards and those normally expected of a competent firm engaged in the ditch maintenance services business.

5.14. Contractor Appearance

The Contractor personnel shall present a neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the company name or by wearing appropriate badges which contain the company and employee name.

5.15. Release Orders, Assignment, and Inspection of Work

A. Area Inspector: An inspector will be assigned by the City. The inspector shall be responsible for:

i. Inspection of work performed by Contractor,

ii. Performing re-inspection of work performed by Contractor, if needed,

iii. Monitoring the Contractor’s activities,

iv. Ensuring by inspection and monitoring that work performed by the Contractor is:

a. Of the quality level prescribed in this Contract, and

b. In accordance with prescribed work schedule.

v. Determining violations of the Specifications and/or Terms and Conditions of this Contract:

a. The Area Inspector shall record violations in a manner prescribed by department procedures.

B. Payment: Following the Award of Contract:

i. The City will issue a Purchase Order to the Contractor, and

ii. The Contractor shall notify the Area Inspector or designee when all work for the Cycle has been completed. Upon inspection, review, and approval by the Area Inspector or designee, Contractor shall submit a monthly invoice.

iii. Payments shall be made pursuant to Florida Statute Section 218.70, the Prompt Payment

Act, and all City Policies promulgated thereby and according to the Terms and Conditions of the

Contract.

iv. Payment may be delayed and/or withheld for:

a. Failure to complete the specified work in an approved manner, and/or

b. Failure to complete the specified work in the approved time frame per the Schedule, and/or

c. Failure to comply with any of the Terms and Conditions of this Contract

C. Time of Completion of Work: Upon issuance of a Purchase Order, the Contractor shall begin work according to the agreed Schedule and shall proceed with all reasonable dispatch to completion.

i. The Contractor shall maintain all Grounds Maintenance Areas according to the agreed upon schedule.

ii. Work within one Grounds Maintenance Area shall be completed in consecutive days.

iii. Inclement weather may result in cancellation of scheduled work:

a. Only if the Area Inspector agrees with that assessment of conditions for the scheduled work.

D. Pre-Performance Conference: The Contractor and the Area Inspector shall together attend a mandatory Pre-Performance Conference, following the Notification of Award and before any work is performed, which shall include, but is not limited to:

i. A mandatory survey/inspection of the area included in the Scope of Work, together with the Area Inspector(s).

ii. Review of any forms, reports, and/or submittals that shall be required from the Contractor to be completed and to request payment for work performed.

E. Supervision of Work Crew: The Contractor shall provide supervision for all the Contractor’s work crews at all times while performing work for this Contract.

i. Personal supervision is not required provided that each worker is provided the means to communicate with the Contractor at all times.

ii. Each of the Contractor’s work crews shall have a designated person on the work site that has the authority to respond to inquiries from the Area Inspector about work details or priorities.

iii. Contractor shall maintain sole responsibility for the actions of his/her employees.

iv. All personnel provided by the Contractor shall be competent, experienced, courteous, properly dressed, and skilled in ditch maintenance.

F. Safety:

i. All materials and performance of work shall meet all Federal, State, and local safety laws currently in effect.

ii. Contractor shall provide and ensure the wearing of necessary protective clothing, masks, eye protection, etc. as required by any applicable laws, regulations, ordinances, and/or manufacturer’s instructions.

iii. All equipment used in the performance of these services shall be properly maintained and shall be subject to inspection by a representative of the City upon demand. Any equipment deemed faulty, inoperable, unsafe, or improper for its intended purpose shall be removed from the City’s premises. Safety features of equipment (shields, kill switches, etc.) must be used at all times.

iv. The Contractor shall take all necessary precautions for the safety of their employees and of the general public.

v. The City reserves the right to require the awarded Contractor to provide, at the

Contractor’s expense, Florida Department of Law Enforcement (FDLE) Level 1 background check for any and all employees of the Contractor involved in the performance of this contract on the

City of St. Cloud property within ten (10) business days following contract execution and, in the event of employee changes, throughout the term of this contract.

5.16. Federal Requirement

The Contractor shall comply with Federal requirements per 2 Code of Federal Regulations (CFR) Part

200, Uniform Guidance, and any subsequent revisions and updates.

6. Pricing Proposal

BID PRICE SHEET ITB NO. 2024-048 DITCH MAINTENANCE AND CLEANING SERVICES

NOTE: MOBILIZATION & ANY OTHER APPURTENANT CHARGES SHALL BE INCLUDED IN PRICING. BIDDERS

MUST BID ON ALL LINE ITEMS FOR BID TO BE CONSIDERED RESPONSIVE. *It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison of bids, and that the Contractor’s compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown.* **Further locations may be added as services become necessary**

Line Item Description Quantity Unit of

Measure Unit Cost

Each Total

1 Exhibit ‘A’: 2nd Street/Brown

Chapel/Lakeview Spray Field, Size:

191,664 SF

3 Each

2 Exhibit ‘B’: 10th Street Ditch, Size

13,068 SF

3 Each

3 Exhibit ‘C’: 17th Street/Virginia

Avenue to Orange Avenue (South

Ditch), Size 23,136 SF

3 Each

4 Exhibit ‘D’: 19th Street Ditch, Size

33,106 SF

3 Each

5 Exhibit ‘E’: Bulldog Lane, Size 5,227 SF 3 Each

6 Exhibit ‘F’: Chancellor Court and

Garden Street from 5th Street to

Sugar Mill, Size 9,583 SF

3 Each

7 Exhibit ‘G’: Crawford Avenue, Size

9,583 SF

3 Each

8 Exhibit ‘H’: Georgia Avenue and 15th

Street, Size 3,485 SF 3 Each

9 Exhibit ‘I’: La Salle Avenue from

Cypress Drive North, Size 108,900 SF 3 Each

10 Exhibit ‘J’: Mutter Road, Size 20,473

SF

3 Each

Line Item Description Quantity Unit of

Measure Unit Cost

Each Total

11 Exhibit ‘K’: Orange Avenue, Size

13,939 SF

3 Each

12 Exhibit ‘L’: Tennessee Avenue and

14th Street, Size 3,485 SF 3 Each

13 Exhibit ‘M’: Vermont Avenue and 17th

Street, Size 871 SF 3 Each

14 Exhibit ‘N’: W New Nolte Road from

Michigan Avenue to S Indiana Avenue, Size 61,420 SF

3 Each

15 Exhibit ‘O’: Lorraine Estates, Size

71,438 SF

3 Each

16 Exhibit 'P': 3rd Street/ Indiana Avenue to Illinois Avenue, Size 436 SF 3 Each

TOTAL

7. Proposal Forms

7.1. Entity Name / DBA:*

*Response required

7.2. Authorized Representative name, title and email address:* Person authorized to sign on behalf of the entity.

*Response required

7.3. Witness name, title and email address that will attest Authorized Representative's signature on any legal documents.*

Please provide name, title and email address.

*Response required

7.4. FEIN No.:*

*Response required

7.5. Mailing Address (if different from above):*

If address is not different, enter "same" in box below.

*Response required

7.6. Company Type*

Please designate your Company Type

☐ Sole Proprietor

☐ Partnership

☐ Corporation

☐ Limited Liability Partnership

☐ Limited Liability Corporation

*Response required

7.7. Bidder is registered with the Florida Department of State, Division of Corporations to do business in the State of Florida?* https://dos.myflorida.com/sunbiz/

Attach proof of registration.

*Response required

7.8. W-9 Form*

Please upload a current W-9 Form for the entity.

*Response required https://dos.myflorida.com/sunbiz/

7.9. Upload proof of Insurance that meets the City's requirements.* Please review the City's Insurance Requirements.

• Insurance_Requirements.pdf

*Response required

7.10. Solicitation Confirmation*

I have carefully examined the Invitation to Bid. I hereby propose to furnish the services specified in the

Solicitation. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to evaluate the submittals and determine a ranking of the most qualified firms. I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of

St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this

Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

7.11. EXPERIENCE OF BIDDER

7.11.1. Length of time in business*

_____/_____ (years/months)

*Response required

7.12. REFERENCES

Please provide a minimum of five (5) references regarding experience in this particular project work.

7.12.1. REFERENCE #1*

NAME OF CLIENT:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.12.2. REFERENCE #2*

https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1433/34e60f26-4c1b-4406-84ce-6ff0c5af181f_Insurance_Requirements.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4AMOYEQ7B%2F20240709%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240709T205109Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEG0aCXVzLXdlc3QtMiJHMEUCIQCIryxaEJipiq5qOWvr90AmBJJe3od8QKCcIGVxki5oagIgfJRoEhaGUct8%2FalBF8ihUAxMiRK6%2F8zLNCORAGCtuMUqgwUINhACGgw4OTIzNjQ2ODc2NzIiDGeO%2F3urmuWPC8Yh5yrgBHS7UxDZG5ICFVTG7kka92JKvH%2BGU7hR6mw72H9bnMCCua8TZK3YJ9C%2F7aogNjV0ZR3zGxzgShJr5Nr3Xy2tNAaF5Ff2sXUSXoYVmWvrK%2FziJ2u%2BjWMtp678%2F1Ee9oICr%2BS3ef0MKZ1poELZpQnLuAlzEp0xjBsyWGlX2Giz35f7AZoNDIod4GwnGZMBg0XY7LOIUm5kIzE24ZItJUaLeMPgzfm2EAZJWaQx2NN0Iqg6Rf53XXkNuI%2FUTfLE6FzjAjcRVoX1wH3%2FJcSKU6lmGZwwyErwuIULFBDq%2BHz3PmxubDljgilJDb10GhndPheUhBhW2SYBoBNobiLrvOglwur5f10Z0rroU5G0wJdcHbC2LVzlSn0tJs9N0hs4HlXFjDXdmW9KCKnJ8T4t3porEhtMbZg6UU%2FmfzIbFLbysdEwaGD47cflTUcv2zt67WJLd8NRIBVF6iUEuf899HVjzeTcS%2FAiebhqrTT3NF7yWxjTDdH5rO9NqygZYDnieU2oUQr0LyUG4KAbzUk7cMm6ud%2Ff2btrSzDFTvbdhsmHiWcDcmYd4eIhWG5yWIE7bSIEZLyWrbNTcVfTUi%2FswGfsH%2BvUmNPOszUYf72KKTfF5saFJRMy%2BfPy8YbsribBD5jxtchPwS9os2RPmjvPcRdKUyq36VqI%2BFos7j5AvAJ5TZaxaZmoT8aUZivs%2BV%2F%2B%2Bg2N8fNwqCl%2Bxb6chxAgJZ6sXbYJwwBlqfoLojL6OEL9yQtExbiHZ77HcH%2BA2b4O0uHRiSaqFg9KYojRXu5Npn7o%2BQ4VHhIyed4Xu2zzHAo8Qoa6MNK6trQGOpsBzxVOyAMsj%2Fe2c14TDVd9%2BUUUhG9DrjaP3ejGtT1G50tCuGkIHPa5DFWdev8%2BHpVzbPipdfE656qWXtDPhXdFVfBnhewSSQVH3wX%2Fprezx%2F2zLTAeZc%2BtYMT55NxkL4Ekp1q5fL4BqFBiOQ8WzidXgdwwWb1gcefP6UFZnGBLW8tnXRk8YZoz%2F6zuPvOC0ojUctKmr0%2BS1npVGfM%3D&X-Amz-Signature=6b73686eebb7ed9a1c8d6c8df877d5eb33456a842eeb76b799171eced0dc0eb1&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Insurance_Requirements.pdf%22&x-id=GetObject

NAME OF CLIENT:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.12.3. REFERENCE #3*

NAME OF CLIENT:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.12.4. REFERENCE #4*

NAME OF CLIENT:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.12.5. REFERENCE #5*

NAME OF CLIENT:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

DATE OF CONTRACT:

NAME OF PROJECT:

AMOUNT OF CONTRACT:

*Response required

7.13. Compliance Forms and Certifications

7.13.1. Respondent's Certification*

I have carefully examined the Invitation to Bid. I hereby propose to furnish the services specified in the

Invitation to Bid. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to award bid. I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

7.13.2. Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes*

I understand that a “”public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United

States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.

I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere.

I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

A. A predecessor or successor of a person convicted of a public entity crime; or

B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the…