IFB2025-004_Veteran_Lawn_Re-Sod.pdf

* INVITATION FOR BID *

I. The CITY OF KISSIMMEE is seeking SEALED BIDS on the following:

Bid Number IFB2025-004 Veterans Lawn Re-Sod

II. All bids must be submitted in a SEALED envelope and plainly marked with the bid number on the exterior of the bid envelope, one (1) original, one (1) copy and (1) electronic copy.

III. To be considered bids MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before 2:00PM September 4, 2025.

IV. All bids shall be opened and read publicly in the City of Kissimmee Finance Department 4th

Floor, Allendale Conference Room, 101 Church Street, Kissimmee, Florida at 2:30PM September 4, 2025.

V. All bids must be according to specifications and conditions, and on the forms provided herein.

VI. The Bidder's name and address shall be clearly shown on the exterior of the Sealed

Envelope.

VII. The City of Kissimmee reserves the right to accept and/or reject any or all bids, with or without cause, to waive technicalities or to accept the bid which, in its judgment, best serves the interest of the City of Kissimmee. Persons are advised that, if they decide to appeal any decision made concerning the award of this Bid, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Bid results other than the apparent low bidder will not be provided in response to telephone inquiries. Bidders desiring a copy of the Bid Abstract should include such request with a self addressed stamped envelope in their bid.

Brandon Durango Procurement Manager

General Requirements:

1.1 BID PREPARATION

Submission of a bid in response to this solicitation shall evidence the bidder’s acknowledgement that he is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the bids schedule. Each bidder is responsible for the completeness and accuracy of their bid. Bids must show manual signatures by an individual authorized to offer such obligations, and shall contain evidence of that person’s authority to make such offers. Unsigned bids will be rejected. Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the bid. Bidders should include all descriptive literature specifications, or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the bid being declared non-responsive.

1.2 SUBMISSION OF BIDS

All bids shall be submitted in a sealed envelope on the forms included with this solicitation with the bidder’s name and address and bid number plainly marked on the exterior of the envelope. Timely submission of a bid is important. Official receipt is acknowledged using an atomic date/time stamp interfaced with the U.S. Government’s National Institute of Standards and Technology (NIST) which is the official time keeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 PRICING

The unit price for each item being bid will be shown on the Bid Schedule and will include all costs for or associated with the item. A total for each line item will be entered on the Bid Schedule. In case of a discrepancy between unit price and extended price, the unit price shown shall prevail.

1.4 DELIVERY

Exact delivery times frames or dates must be shown on the bid, such as, “(x) days after receipt of order”. Number of days for delivery shall be presumed to include all weekends or holidays in the period. All offers shall be FOB Destination and shall include inside delivery to the delivery point specified.

1.5 DEFAULT

Should the successful bidder for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified offer. The bidder in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.6 LATE BIDS AND WITHDRAWL OF OFFERS

No bid will be accepted after the published deadline for accepting bids in response to this solicitation.

Bids may be withdrawn at any time prior to the official time set for the bid opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official bid opening.

1.7 DISCOUNTS

Bidders may offer cash discounts for prompt payment, however, any such discount offered will not be considered as a factor in determining the lowest bid offered. Any other discounts should be reflected in the unit price bid.

1.8 BID EVALUATION AND AWARD

All bids received will be evaluated based on one or more of the following factors: price; quality of product offered; compliance with specifications; delivery; reputation of the bidder; previous contract’ proximity of parts and service; compatibility with similar, existing products; and any other factors detailed in the specifications. Award will be made to the lowest responsive and responsible bidder complying with the provisions of the invitation to Bid, provided that such award is in the best interests of the City of Kissimmee.

The City of Kissimmee reserves the right to accept and /or reject any or all bids in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line item basis; and accept the bid which in its judgment, best services the interest of the City of Kissimmee.

Bidders are cautioned that no communication with any City of Kissimmee involved in the evaluation process is authorized during the bid evaluation process unless such communication is originated by the City of Kissimmee for the purpose of clarifying the bid or proposal. Questions regarding the status of any bid or proposal should be directed to the Purchasing Manager. Bid awards will be posted in the Purchasing Office after Commission Approval. Vendors are responsible for following up on the status of any bid. The City of Kissimmee will only notify successful vendor(s).

1.9 BILLING AND PAYMENT

The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in 2 copies to the City of Kissimmee Accounting Department, 101 Church Street Kissimmee, FL 34741, show the Vendor Taxpayer Identification Number Attachment B, the purchase order number and be based on proper delivery installation or provision of goods or services to and accepted by The City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.10 SAMPLES

The City of Kissimmee may, at its discretion, require submission of samples for inspection and testing. When specifications require such submissions, all costs for such samples, including postage, will be the responsibility of the bidder. Samples that are not consumed in the evaluation process or determined necessary for comparison with future deliveries may be returned at the bidders request and at the bidder’s expense. The City of Kissimmee will not be held liable for any sample provided.

1.11 SILENCE OF SPECIFICATIONS

The silence of these specifications regarding exact details of any product or service required shall be regarded as meaning that only the best commercial practices will prevail and that only materials of first quality and correct type, size, or design are to be used. All workmanship will be first quality.

Unless otherwise specified all products provided as a result of this solicitation will be new, unused, the latest model in production, and in compliance with the enclosed specifications.

1.12 USE OF BRAND NAMES

Unless otherwise stated, the use of brand names in specifications is not intended to restrict any offer. Brand names are only used to illustrate the type and quality of product acceptable for this solicitation and to provide a simplified specification. Vendors should feel free to propose any equal item provided that all exceptions to these specifications are clearly identified and explained and definitive specifications for the item being proposed including product literature, cuts or samples are included with the bid. The City of Kissimmee reserves the sole right of final determination of product equivalency.

1.13 WARRANTY

All warranties for products or services provided under any contract resulting from this solicitation will meet or exceed that warranty offered the providers most favored customer and in no instance will be less than unlimited twelve-month non-prorated warranty. If individual specifications contained herein require a warranty in conflict with this provision, the warranty provisions of the individual specification shall prevail.

1.14 ADDENDUMS

In the event modifying addenda to the basic solicitation are issued the City of Kissimmee will attempt to provide such addenda to all vendors who have been furnished bid packages. However, it shall be the bidder’s responsibility to verify with the Purchasing Office before the bid is submitted whether or not addenda have been issued and to obtain such addenda for submission with the bid.

Receipt of any addenda issued must be acknowledged on the bid schedule.

1.15 BIDDER’S CERTIFICATION

By signature on this bid, bidder certifies or in the case of a joint bid each party certifies that:

A. He has not given, offered nor intends to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City of Kissimmee in connection with this bid.

B. That the bidder has not divulged or discussed his offer with other bidders.

C. Prices offered have been determined independently without collusion with other bidders for the purpose of restricting competition.

D. No attempt has been made to induce any potential bidder to submit or decline to submit an offer in response to this solicitation.

1.16 “NO BID” RESPONSE

Vendors electing to not submit bids in response to this solicitation should complete the attached “Notice to Bidders” form. Failure to return the form may result in your omission from future bid lists.

1.17 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by Contractor.

1.18 PROTEST

Any protest must be made within three (3) days following posting of the bid award. Protest procedures are available from the City of Kissimmee Finance Department 4th Floor, Attn:

Purchasing Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov. Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

1.19 PUBLIC RECORDS

Under chapter 119, Florida Statutes, all responses to this solicitation shall be considered public record subject to distribution pursuant to the request for records by any interested party.

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this Contract, contact the Custodian of Public Records at 407-518-2308, cityclerkemail@kissimmee.gov, and 101 Church Street, Kissimmee, Florida 34741. The Contractor shall keep and maintain public records required by the City to http://www.kissimmee.gov/ mailto:cityclerkemail@kissimmee.gov perform the service.

1.20 SOCIAL, POLITICAL, OR IDEOLOGICAL FACTORS: Pursuant to Section 287.05701, Florida Statutes, as may be amended, the City cannot give preference to a Consultant based on the Consultant’s social, political, or ideological interest.

287.05701 Prohibition against considering social, political, or ideological interests in government contracting.

(1) As used in this section, the term “awarding body” means:

(a) For state contracts, an agency or the department.

(b) For local government contracts, the governing body of a county, a municipality, a special district, or any other political subdivision of the state.

(2) (a) An awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

(b) An awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

2.0 SPECIAL PROVISIONS: Compliance with 2 C.F.R. Part 200 - Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards.

For products or services obtained through any agreement resulting from this solicitation that are to be paid in whole, or in part, or are intended to be paid in whole, or in part, using funds provided by any federal government agency or funding source, the awarded contractor(s) agrees to comply with the specific terms, regulations and requirements governing disbursement of federal funds, and as identified in 2 Code of Federal Regulations (CFR) Part 200, as amended, and with required Federal clauses as identified in Attachment A , for any product purchased or work performed, where applicable.

2.1 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 consultant 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 287.0l7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 CLARIFICATION OF REQUIREMENTS: Questions regarding clarification or interpretation of the technical specifications of this solicitation may be addressed in writing, not less than seven (7) days before the scheduled bid opening and questions of a non-technical nature regarding the general or special conditions of this solicitation should be addressed in writing, not later than seven (7) days prior to the bid opening date to the Purchasing Coordinator – Debbie Luke, City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division, 101 Church Street, Kissimmee FL 34741, email procurement@kissimmee.gov.

However, unless modified by a written addendum issued by the Purchasing Manager, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative or binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Manager for the City of Kissimmee. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this bid will be furnished in writing to all vendors who mailto:procurement@kissimmee.gov have received bid packages.

2.3 This bid contains pages 1 -45. Please contact the Purchasing Office at 407-518-2214 if you are missing any pages.

2.4 ALTERNATE BIDS WILL NOT BE ACCEPTED:

If two bids are received from a company one bid will be returned unopened. If two different bids are included in a single envelope, both will be rejected at the bid opening.

2.5 No minor children are permitted to accompany bidders during pre-bid conferences, bid opening or site tour.

2.6 A link to this website is available through the City’s Web Page http://www.kissimmee.gov , under the Finance Department, Purchasing. Notice of Award, Bids currently available, and Tabulation sheets are available Online. Bidders, who do not have Internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with the Bid response.

2.7 INDEMNITY: Contractor must indemnify and hold harmless, in an amount up to four million U.S.

Dollars ($4,000,000.00), which the Parties agree bears a reasonable commercial relationship to this Agreement, the City, its past/present/future elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys’ fees) in connection with violations of copyrighted or trademarked materials used by Contractor, loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, sub-subcontractors, materialmen or agents of any tier or their respective employees, excepting such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees and for a statutory violation or punitive damages not caused by or resulting from the acts or omissions of Contractor or its officers, employees, agents, subcontractors, sub-subcontractors, materialmen or agents of any tier or their respective employees.

In any and all claims against the City, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph is not limited in any way by any limitation on this amount or type of damages compensation or benefits payable by or for the Contractor or any subcontractor under Workers’ Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts. Nothing contained herein is intended, nor may it be construed, to waive City’s rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. To the extent considered necessary by the City Attorney, any sums due Contractor under this Agreement may be retained by the City until all of the City’s claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld is not subject to payment of interest by the City. The above provisions will survive the termination or expiration of this Agreement and will pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination or expiration hereof survive the expiration or termination of this Agreement.

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the service.

The Contractor shall take all reasonable precautions for the safety of, and shall provide all http://www.kissimmee.gov/ reasonable protection to prevent damage, injury or loss to:

• All employees on the job and all other persons who may be affected thereby.

• All the work, materials, and equipment, whether in storage on or off the site, under the care, custody, or control of the Contractor; and

• Other property at the site including trees, shrubs, lawns, walks, pavements, and roadways.

The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful order of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.

In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss.

2.8 INSURANCE PROVISIONS: Contractor shall, prior to commencing work, furnish evidence to the City of Kissimmee of required insurance requirement naming City of Kissimmee as additional insured. During the term of the Agreement and any renewals, Contractor at their sole cost and expenses shall maintain insurance coverage as follows:

A) Workers Compensation: Contractor will provide Worker’s Compensation coverage for all employees at the site location. The limits will be statutory for Worker’s Compensation and $300,000.00 for Employers’ Liability.

B) Comprehensive General Liability: Contractor will provide such coverage with limits of not less than $3,000,000.00 per occurrence combined single limit for Bodily Injury and Property Damage including coverage for premises/operations, contractual liability, personal injury, explosion, collapse, underground hazard, products/completed operations, broad form property damage, cross liability and severability of interest clause. This policy of insurance must be written in an “occurrence” based format.

C) Comprehensive Automobile Liability: Contractor will provide coverage for all owned and non-owed vehicles for limits of not less than $1,000,000.00 per occurrence.

D) Umbrella Insurance: Contractor will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00 per occurrence.

E) Builder’s Risk Insurance: Contractor will provide Builders Risk Insurance with limits not less than the amount of Contractor’s bid for the Work until the Work is finally accepted by the City.

Contractor must provide confirmation of coverage renewal via an updated certificate of insurance should any policies expire prior to the expiration of this Agreement. Contractor shall provide thirty

(30) day prior written notification to the City in the event coverage is cancelled, modified, or nonrenewed. If any required insurance coverage is cancelled, terminated or revoked, Contractor shall immediately suspend its operations until replacement insurance is obtained and verified.

2.9 BOND REQUIREMENTS: This bid requires the following bonds:

A. 100% Performance bond issued by a surety licensed to do business in the state of Florida prior to commencement of work.

2.10 NON-MANDATORY PRE-BID: A Non-Mandatory pre-bid meeting is scheduled for 1:00PM, Tuesday, August 12, 2025 at Development Services Building Conference Room, 101 Church Street, Kissimmee, FL 34744. All bidders attending should be prepared to take any measurements or address any questions at that time. Deadline for questions is August 19, 2025 by 5PM, an addendum if needed will be sent out to all vendors not later than 5PM, August 22, 2025.

2.11 REFERENCES: All submittals must include with the bid a listing of references. This listing should include a contact's name and phone number. At least three (3) of the references should be similar in size and scope of services to the requirements of this bid. Attachment D

2.12 POST AWARD CONFERENCE: The selected vendor will meet with the owner’s representative within 10 calendar days after notice to proceed for the purpose of providing proof of insurance, performance bonds and pre-construction walk thru.

2.13 IMPACT FEES AND PERMIT FEES:

• Contractor is responsible for all required permits and inspections and pays all fees.

• No work shall be covered and/or concealed until properly inspected and tested.

3.0 BACKGROUND: The Parks & Recreation Department is bidding out the Veterans Lawn Re-Sod

Project at is 201 Lakeview Drive, Kissimmee, FL 34741. This project funded by the Department of Environmental Protection (DEP) through the Land and Water Conservation Grant Fund.

3.1 SCOPE OF WORK:

A) Contractor Responsibilities

1. Site Preparation

Clear the designated area, which is outlined in red in the imaging included in Section 3.3 below, of all surface debris, rocks, and unwanted vegetation.

Perform rough grading to create a smooth, even surface sloped appropriately away from the Berlinsky House (to the west of the Veterans Lawn), promoting proper drainage.

Avoid excessive civil disturbance within the root zones of existing trees. These root zones will generally correspond with the drip lines of the trees and will be clearly marked by City staff prior to the commencement of work.

2. Sod Removal

Remove existing Zoysia sod using appropriate methods suited to site conditions.

Acceptable methods include:

- Mechanical sod cutting for clean, shallow removal.

- Skid steer or compact loader scraping for deeper removal or large areas.

- Manual removal in confined or sensitive zones near trees, structures or irrigation components.

Contractor shall select the most effective method(s) based on site constraints, prioritizing protection of tree roots and soil profile integrity.

Properly dispose of all removed sod and vegetation offsite, in accordance with local and environmental regulations.

3. Soil Preparation

Relieve surface compaction through non-invasive methods such as core aeration, slicing, or surface grading, avoiding deep tilling.

Level and firm the soil surface to promote uniform sod installation and effective irrigation coverage.

Conduct a complete soil analysis (including pH, phosphorus, potassium, organic matter, and compaction) and submit results to the City for review.

Based on testing, if necessary, apply soil amendments according to UF/IFAS guidelines for optimal establishment of Bimini® Bermuda grass.

Supply and uniformly apply a minimum of 1 inch of screened topsoil or equivalent across the prepared surface to improve soil structure and provide a consistent rooting medium prior to installation.

4. Sod Installation – Bimini® Bermuda

Install only fresh, weed-free Bimini Bermuda sod in roll form. Individual square or slab-type pieces are not acceptable.

Roll sod in a staggered, brickwork pattern to reduce seam to seam connectivity and prevent erosion.

Roll or compact sod after installation to ensure full contact with the soil surface, eliminate tenting and level the newly established sod.

Top-dress with clean, washed sand (USGA-grade or equivalent) to correct minor grade irregularities and blend seams.

Initiate irrigation immediately post-installation to maintain consistent surface moisture (top 1–2 inches) for the first 10–14 days or until full rooting is observed, following UF/IFAS best practices for sod establishment.

B) City Responsibilities

The City of Kissimmee will inspect, test, repair and visibly mark the irrigation system including head locations prior to the start of construction activities.

Once work commences, the Contractor shall be responsible for identifying and repairing any irrigation components damaged as a result of the preparation and installation.

The City will clearly delineate and monitor tree protection zones, generally corresponding to the drip lines, which shall be avoided during all phases of work.

C) Proposal Requirements and Design Criteria

Timeline – Provide a detailed construction schedule including estimated durations for each phase: site preparation, sod removal, soil conditioning, installation, and establishment.

Area Measurements – Include detailed measurements of all interior and exterior turf areas to be renovated.

Warranty and Service:

- Provide warranty terms for materials and workmanship under standard use conditions.

- Offer optional extended warranty packages with pricing and coverage specifications.

- List unit pricing for future replacement of Bimini Bermuda sod, either by section or per square foot.

3.2 SITE CLEANUP:

1. Keep the premises in a neat, safe and orderly condition at all times during execution of this portion of the work.

2. At the end of each working day, thoroughly sweep all surfaces where refuse from work in the section has accumulated.

3. Shield and protect flooring from damage while project is in progress.

4. Contractor shall take the necessary steps to provide protection against injury to the general public, facility staff for the duration of the project.

5. Contractor is responsible for on-site debris removal; if a dumpster is required for removal of material then the Contractor must contract with Waste Management who has an exclusive contract with the City of Kissimmee.

3.3 WORKING DAYS AND HOURS:

All work shall be performed during regular business hours Monday thru Friday 7:00AM - 5:00PM unless an alternate schedule is requested and approved by Owner representative in advance. All requests for modifications in the work schedule shall be requested a minimum of 24 hours in advance.

Site Location: 201 Lakeview Drive, Kissimmee, FL 34741

** THIS SCHEDULE OF OFFERS SHOULD BE THE FIRST PAGE SUBMITTED

WITH YOUR BID **

Bid IFB2025-004

I/we, the undersigned, hereby declare that I/we have reviewed the bid documents and with full knowledge and understanding of all specifications and conditions contained therein do submit, (in duplicate), our bid as follows with full understanding that the bid package in its entirety is made a part of any agreement, contract or order between the City of Kissimmee and the successful bidder.

ITEM NO. DESCRIPTION TOTAL COST

1 Veterans Lawn Re-Sod $______________

Completion Time:__________Days

ACKNOWLEDGMENT OF ADDENDA NO.(S) _________ (IF APPLICABLE)

(Signature)

ALL PRICES QUOTED ARE GOOD FOR A PERIOD OF 90 DAYS.

_________We do not take exception to Specifications.

(initial) _________We take exception to Specifications as follows:

(initial) (attach additional sheets, if necessary)

COMPANY NAME

COMPANY ADDRESS _______________________________________

NOTE: OFFERS NOT RECEIVED IN DUPLICATE MAY BE REJECTED.

VENDORS ARE RESPONSIBLE FOR DELIVERY OF THEIR BID TO THE ADDRESS

INDICATED ON THE BID COVER SHEET PRIOR TO THE DATE AND TIME

SHOWN.

BIDS NOT SO DELIVERED MAY BE REJECTED.

BY: DATE: ____________________

(signature) (typed name/title of signer)

TELEPHONE NO.: ( ) ___ FAX NO.: ( ) ______________

*NOTICE*

IFB2025-004

If for some reason you are not participating in this solicitation, PLEASE complete the following and return to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 N Church Street Kissimmee, FL 34741

DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor file.

Company Name: _________________________________

Address: _________________________________

Phone Number: ( )_____________________

Fax Number: ( )_____________________

Continue on Vendor List: Yes No Large Business Small Business Minority Owned

Reason for no response to the solicitation:

Cannot supply at this time

Suitable, but engaged in other work

Quantity too small

Cannot meet required minimum

Opening date does not allow sufficient time to complete

Equivalent not presently available

Other reasons or remarks:__________________________________________________

Signature

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than 5 days after such conviction.

5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Vendor's Signature

ATTACHMENT A

Applicable Federal Requirements involving the use of Federal Funds

Services obtained through any agreement resulting from this solicitation that are to be paid in whole, or in part, or are intended to be paid in whole, or in part, using funds provided by any federal government agency or funding source, the awarded contractor(s) agrees to comply with the specific terms, regulations and requirements governing disbursement of federal funds, and as identified in 2 Code of Federal Regulations (CFR) Part 200, as amended, and as identified herein, for any work performed, where applicable.

A. Compliance with 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

The Contractor shall comply with the Federal requirements per 2 C.F.R. (Code of Federal Regulations) Part 200 Super Circular, titled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", effective December 26, 2014, and any subsequent revisions and updates to 2 C.F.R. Part 200 "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards".

B. Federal Equal Employment Opportunity.

During the performance of this contract, the contractor agrees as follows:

i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

viii. The contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

C. Compliance with the Contract Work Hours and Safety Standards Act.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section.

3. Withholding for unpaid wages and liquidated damages. Osceola County, shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.

D. Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to Osceola County and understands and agrees that Osceola County will, in turn, report each violation as required to assure notification to the Federal funding agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal funding agency.

E. Federal Water Pollution Control Act.

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to Osceola County and understands and agrees that Osceola County will, in turn, report each violation as required to assure notification to the Federal funding agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal Grantor.

F. Suspension and Debarment

1. This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

2. The contractor must comply with 2 C.F.R. Part 180, subpart C and2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

3. This certification is a material representation of fact relied upon by Osceola County. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to Osceola County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R.

Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

G. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).

1. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

2. Attachment “C” titled "44 C.F.R.. Part 18 - Certification Regarding Lobbying" is hereby attached and made a binding part hereof.

H. Procurement of Recovered Materials:

1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

a. Competitively within a timeframe providing for compliance with the contract performance schedule;

b. Meeting contract performance requirements; or

c. At a reasonable price.

2. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s

Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

I. Compliance with David-Bacon Act.

For all prime construction contracts in excess of $2,000 involving laborers and mechanics:

1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C.

3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

3. Additionally, contractors are required to pay wages not less than once a week.

J. Compliance with Copeland “Anti-Kickback” Act.

For all construction or repair work in excess of $2,000 in situations where the Davis-Bacon Act also applies:

1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the Federal funding agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

3. Breach. A breach of the contract clauses above may be grounds for…