INVITATION TO BID DOCUMENTS

ITB-26-085-KY

NURSERY PLANTS & PRODUCTS (RE-BID)

Due Date: 11:00 a.m. (ET), Wednesday, July 29, 2026

CITY OF ALTAMONTE SPRINGS

City Hall, Suite 1030 Procurement Division

225 Newburyport Avenue Altamonte Springs, FL 32701-3697

Bid Issued by: Krisha Yurkiewicz, Procurement Specialist

Office: 407-571-8075 Fax: (407) 571-8082 E-Mail Address: KYurkiewicz@Altamonte.org

For Solicitation Documents and Updates www.Altamonte.org/SolicitationList mailto:KYurkiewicz@Altamonte.org http://www.altamonte.org/SolicitationList

INVITATION TO BID

Company Name: ________________________________________________________________________ SU - 2

TABLE OF CONTENTS

1 FORMS & ATTACHMENTS

1.1 TENTATIVE SCHEDULE/TIMELINE

2 BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS

3 GENERAL SPECIFICATIONS

4 INSURANCE REQUIREMENTS SPECIFICATIONS

5 TECHNICAL SPECIFICATIONS

Company Name: ________________________________________________________________________ SU - 3

1 FORMS AND ATTACHMENTS

The following forms are included and/or posted separately as indicated below.

SAMPLE CONTRACT

BID SUBMITTAL PACKAGE (Posted as a separate document)

LIST OF REFERENCES

LIST OF SUBCONTRACTORS

LIST OF SUPPLIERS

CONFLICT OF INTEREST STATEMENT FORM

HUMAN TRAFFICKING AFFIDAVIT

FOREIGN COUNTRY OF CONCERN ATTESTATION FORM

BID RETURN LABEL

OTHER SOLICITATION PACKAGE DOCUMENTS (posted as separate individual documents) o ITB-26-085-KY Attachment A - Itemized Bid Form (Excel)

ADDENDUM (issued as needed to all registered plan holders)

Company Name: ________________________________________________________________________ SU - 4

1.1 TENTATIVE SCHEDULE/TIMELINE (DATES ARE SUBJECT TO CHANGE)

Solicitation Posting Date Thursday, July 2, 2026

Question Submission Deadline Wednesday, July 15, 2026 by 11:00 am (ET)

Due Date Wednesday, July 29, 2026 at 11:00 am (ET)

Company Name: ________________________________________________________________________ SU - 5

2 BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS

2.1 DEFINITIONS

Whenever used in this Bid, the Contract, or any other documents pertaining to the item and/or service where these Specifications govern, the following terms are used. The intent and meaning will be interpreted as follows:

Addendum / Addenda A modification of the Bid/Contract Documents issued by the Procurement Division and distributed to prospective Bidders prior to the Bid due date and time.

Bid The written submittal of a Bidder, submitted on the Bid Submittal Package to provide goods and/or perform the Work/services in accordance with the requirements of the Bid Documents and stating the consideration that the Bidder will require for so doing.

Bidder An individual, partnership, or corporation submitting a Bid, on the attached Bid Submittal Package, for the item and/or service contemplated.

Bid Submittal Label A label provided within the Bid document for the ease of identifying a response to this solicitation.

Bid Submittal Package The attached form on which it is required that Bids be submitted.

Change Order A written order issued by the Procurement Division to the Successful Bidder/Contractor directing certain changes, additions, or reductions in Work or services or in the materials or methods to be used.

City The City of Altamonte Springs, 225 Newburyport Avenue, Altamonte Springs, Florida 32701.

Contract The written agreement between the City and the Successful Bidder/Contractor for the provision of goods and/or performance of the Work or services in accordance with the requirements of the Bid Documents and for the payment at the agreed Bid price or adjusted as a result of an approved Change Order.

Company Name: ________________________________________________________________________ SU - 6

Contract Documents The Bidding Documents, Purchase Order, Contract, and Performance and Payment Bond, together with all Addenda, Supplemental Agreements, and Change Orders.

Invitation to Bid The announcement requesting the submission of Bids.

Project Manager An authorized representative of the Procurement Division or Engineer, assigned to make any or all necessary inspections of the goods received and/or Work performed by the Successful Bidder/Contractor.

Specifications The general term comprising all the directions, provisions, and requirements contained herein, entitled "Specifications”, Supplemental Agreements, and Change Orders that may be issued for this Bid and resulting Contract, all describing the manner of providing goods and/or performing the Work or service, including detailed technical requirements and prescribing the relations between the City and the Successful Bidder/Contractor.

Subcontractor Any individual, partnership, or corporation supplying labor, materials, or equipment for Work under a subcontract to the Contractor.

Subcontracting The Contractor may subcontract those portions of the Work that are specialized in character and which, under contracting practices, are performed by specialty Subcontractors. The Contractor will obtain written approval from the Owner for any and all Subcontractors and that portion of the Work that they will subcontract. The Contractor will be fully responsible to the Owner for acts and omissions of his Subcontractors and there will be no contractual relation between any Subcontractor and the Owner.

Successful Bidder/Contractor The individual, partnership, or corporation to whom the Bid is awarded.

Supplemental Agreement A written proposal and acceptance executed by the Owner and the Contractor, with the consent of the Contractor’s Surety, covering the performance and payment of the Work not included in the original Contract which is desired or necessary for the proper completion of the project; or covering changes, additions, or deletions in the Work or in the materials to be used of a magnitude greater than may be properly covered by a Change Order.

Company Name: ________________________________________________________________________ SU - 7

Surety “Surety” is an organization which provides a bond, for a consideration, that promises to be liable for the debt, default, or failure of the Contractor. It is a three-party Contract by which one party (the Surety) guarantees the performance or obligations of a second party (the Contractor) to a third party (the Owner).

Work All of the elements and services, including furnishing of materials, tools, labor, equipment, management, etc., required to be performed by the Contractor under the terms of the Contract, Plans, and Specifications in order to deliver the completed project to the Owner.

2.2 OFFICIAL SOLICITATION DOCUMENTS AND SOLICITATION POSTING SERVICE

2.2.1 The “official” solicitation document, including Specifications, and Bid Submittal Package, and solicitation posting is available from the City’s Procurement Division or through the City’s current contracted solicitation posting service company (VendorLink eSupplier).

2.2.2 Interested Bidders should request the solicitation documents directly from the City’s Procurement Division (only–not through any other City dept./div.) or from the City’s Solicitation Posting webpage.

2.2.3 This will ensure that Bidders have a complete official solicitation package and record interested Bidders’ contact information for issuance of any Addenda and receive solicitation status updates.

2.2.4 The City is not liable for any errors, omissions, etc. of solicitation postings or any solicitation documents obtained from any sources other than those listed above. The City is not responsible for the accuracy, completeness, or timeliness of any documentation or postings the Bidder receives from any other source.

2.3 SOLICITATION UPDATES/STATUS

City staff will not provide solicitation updates or status information over the phone, by fax, or by e-mail. This information is available electronically. To obtain current information regarding this solicitation visit our Solicitation Posting website.

2.4 SUBMISSION OF BIDS

2.4.1 The Procurement Division shall receive responses to this solicitation by the methods listed here no later than the deadline due date and time established within the solicitation.

Responses will not be accepted by any other means.

a. ELECTRONIC SUBMISSIONS (preferred method) https://www.myvendorlink.com/cityofaltamontesprings/searchsolicitations.aspx

Company Name: ________________________________________________________________________ SU - 8

Enter information and upload completed Forms/Documents using the City’s online solicitation management portal (see the above paragraph entitled “Official Solicitation Documents and Solicitation Posting Service”). Visit our Solicitation Posting webpage.

Vendors will need to log in or create an account in advance of uploading submissions.

When submitting an offer electronically through the solicitation posting portal, please allow sufficient time to complete the online forms and upload documents.

The solicitation will end at the closing time listed in the solicitation. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will be put at a “draft” status and will not be accepted. Only Bids with a status of “Submitted” in VendorLink will be accepted for review.

It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted up to the due date and time.

If technical difficulties arise during the submission of the solicitation response, it is the Submitting Vendor’s responsibility to contact VendorLink technical support. For support, click on the “Help” link on the solicitation Posting portal.

Should any technical issues with the platform (not user/Vendor issues) prevent any Vendor from submitting a response within the two (2) hours immediately before the due time, the solicitation due date and time may be extended through the issuance of an Addendum by the City. The technical issue must be addressed by the platform provider (VendorLink) and affect all participating Vendors. The City shall verify the technical issue or unavailability of the platform with VendorLink, the system provider. Technical issues localized to a single vendor will not be considered a valid cause for an extension. The City shall not be responsible for delays caused by any other occurrence.

b. DELIVERED SUBMISSIONS

Deliver physical hardcopy submissions to:

Via Mail or Hand Delivery to:

Procurement Division City Hall Building, Suite 1030

CITY OF ALTAMONTE SPRINGS

225 Newburyport Avenue Altamonte Springs, FL 32701-3697

Company Name: ________________________________________________________________________ SU - 9

If you mail in your response, it must reach our office before the deadline to be considered. Therefore, allow sufficient time for transportation and inspection. Each package shall be clearly marked with the applicable solicitation number and title, submittal due date and time, and the name and address of the submitting vendor, on the face of the envelope/package. Ensure that your submittal package is securely sealed in an opaque envelope/package to provide confidentiality of the submittal prior to the solicitation closing.

To ease and facilitate handling, the attached Submittal Label has been provided for your use. Usage of this Submittal Label will ensure proper identification and handling of your submittal.

Delivered submittals will be received and officially recorded as received in the Procurement Division ONLY. The time/date stamp clock located in Procurement Division will serve as the official authority to determine the lateness of any submittal.

2.4.2 The City and the solicitation posting portal site will accept a wide variety of document types, such as Word, Excel, and PDF, though not all formats are supported. You MAY NOT submit zip files, movies, WMP, and MP3 files or password-protected files, and printing must be enabled. Such actions may cause your submittal to be deemed as "Non-responsive".

2.4.3 Your submittal package may include but is not limited to, the Bid Submittal Package, any other required forms, and each accompanying sheet on which an entry has been made by the submitting Bidder.

2.4.4 It is the Bidder’s responsibility to assure that the submittal is entered and posted online or delivered by the posted submission deadline. The delivery date and time will be scrupulously observed.

2.4.5 The City will in no way be responsible for delays in the online system or delivery to the Procurement Division caused by delivery service (USPS, FedEx, UPS, etc.), delivery to any other City office other than the above addresses, traffic, parking, location of facilities or office, or delays caused by any other occurrences.

2.4.6 Under no circumstances will submittals received after the due date and time be considered. Submittals received after the due date and time will be disqualified as late and will not be recorded as a responding Vendor. Submittals delivered to the City will be returned to the Vendor unopened.

Company Name: ________________________________________________________________________ SU - 10

2.4.7 Do not return the entire solicitation package. Bidders shall include only the Bid Submittal Package, any other required forms, and each accompanying sheet on which an entry has been made by the Submitting Vendor in their submittal package.

2.4.8 The Bidder represents that the product(s) to be furnished under this solicitation is/are new and unused unless specifically so stated and that the quality has not deteriorated so as to impair its usefulness.

2.5 PREPARATION OF BIDS

2.5.1 Only the Bidder is solely responsible for reading and completely understanding the Bid documents and attachments (if any). Failure to do so will be at the Bidder's risk.

2.5.2 All Bids accepted by the City are subject to the City’s terms and conditions, and any and all additional terms and conditions submitted by the Bidders are rejected and shall have no force and effect.

2.5.3 Bids must be submitted on the attached Bid Submittal Package, if applicable. The Bid Submittal Package is a mandatory form to facilitate Bid tabulation and analysis; however, additional supportive forms may accompany it. Bids submitted in any other format will be disqualified.

2.5.4 Each Bidder will furnish the information required on the Bid Submittal Package and each accompanying sheet thereof on which he makes an entry. All prices and blank spaces in the Bid Submittal Package and accompanying sheets must be filled in legibly and correctly in ink or typed written. No erasure permitted. Mistakes may be crossed out, corrections typed adjacent, and must be initialed and dated in ink by the person signing the Bid.

2.5.5 An officer or representative who has official authorization to sign Bids MUST sign the Bid Submittal Package. All Bids must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signatures must be fulfilled. If the Bid is made by an individual, he must sign his name therein and state his business address and the name and address of every other person interested in the Bid as principal. If the Bid is made by a firm or partnership, its name and business address must be stated as well as the name and address of each member of the firm or partnership. If the Bid is made by a corporation, the Bid must be signed by some authorized officer or agent, subscribing the name of the corporation with his own name and affixing the corporation seal.

2.5.6 An unsigned Bid is not a valid offer and therefore, must be signed to be considered by the City.

2.5.7 ELECTRONIC SIGNATURES

Company Name: ________________________________________________________________________ SU - 11

In accordance with Section 668.001 through 668.06, Florida Statutes, the City will accept electronically filed and signed documents in regards to the execution of Contracts and Contract related documents meeting the requirements as stated in the City’s Procurement Policy.

2.6 EXCEPTIONS TAKEN TO SPECIFICATIONS

2.6.1 In the event you elect to Bid, but must take exceptions to the Bid Specifications, the

Bidder will be required to make a notation by the particular specification that does not conform to the minimum requirement.

2.6.2 Notation will be in the form of marking through the particular specification, taking exception to and indicating the true specification of the item, either on the same page the specification is listed or on the Bidders’ company letterhead.

2.6.3 Only those pages that the Bidder is taking exception to should be returned with the Bid Submittal Package.

2.7 WITHDRAWAL OR CORRECTION OF BIDS

2.7.1 Bids may be withdrawn or corrected prior to the due date and time by written request dispatched by the Bidder and received by the Purchasing Division before the time for receiving Bids has expired. Written requests hand-delivered to the Procurement Division may also require identification, such as a business card and/or driver’s license.

2.7.2 After the Bid due date and time, a Bidder cannot withdraw or correct a Bid. Negligence on the part of the Bidder in preparing a Bid is not grounds for withdrawal or modification of a Bid after the Bid’s due date and time. The Bid submitted must be in force for 65 calendar days after opening. Bidders may not assign or otherwise transfer their Bid.

2.8 QUESTIONS / INQUIRIES OF THIS BID

2.8.1 Every request for interpretations or corrections, whether technical or general in nature, must be in writing by e-mail (preferred method) or fax to:

Krisha Yurkiewicz, Procurement Specialist Email: KYurkiewicz@Altamonte.org

Fax: (407) 571-8082

2.8.2 These inquiries must be received in the Procurement Division no later than Wednesday, July 15, 2026 by 11:00 a.m. in order to provide adequate response time to queries and issue an Addendum, if necessary.

mailto:KYurkiewicz@Altamonte.org

Company Name: ________________________________________________________________________ SU - 12

2.8.3 Questions concerning the technical Specifications will be forwarded by this office to the appropriate requesting department/division. All Prospective Bidders are not to contact any member of the Altamonte Springs staff or officials other than the above-specified contact person unless explicitly authorized by this office.

2.9 ADDENDUM

2.9.1 No interpretation of the meaning of the Bid documents, attachments (if any), or any other related documents, nor correction of any apparent ambiguity, inconsistency, or error therein, will be made to any Bidder orally.

2.9.2 Only the interpretation or correction given and issued through a written Addendum by the Procurement Division will be binding, and potential Bidders are warned that no other source is authorized to give information concerning, explaining, or interpreting the solicitation documents.

2.9.3 Changes to this solicitation, when deemed necessary by the City, will be completed only by written Addendum/Addenda issued prior to the Bid submittal deadline. Addendums to the solicitation will be posted on the City’s Purchasing Department website (see the above paragraph entitled “Solicitation Updates/Status”) as they are issued. It is the sole responsibility of Bidders to routinely check this website for any Addendum that may have been issued prior to the submittal deadline for receipt of Bids.

2.9.4 It is the Bidder’s sole responsibility to assure and acknowledge receipt of all Addenda.

Bidders should acknowledge the receipt of all Addenda as part of their submission. In case any Bidder fails to acknowledge receipts of any such Addendum in the space provided on the Bid Submittal Package, the Bid will nevertheless be construed as though the Addenda have been received and acknowledged, and the submission of the Bid will constitute acknowledgment of the receipt of Addenda.

2.10 PUBLIC OPENING

2.10.1 The City will hold a public opening immediately following the posted submittal deadline.

Attendees may stop by the Procurement office prior to the submittal deadline for the location of the public opening as meeting space is at a prime and subject to change without advance notice.

2.10.2 Whenever possible, the total base Bid amounts tabulated by each Bidder will be read aloud at the public opening. However, Bid amounts announced at the public opening are subject to change due to math errors made by Bidders.

2.11 USE OF TRADE NAMES

2.11.1 Specifications used are intended to be open and nonrestrictive. Any reference to a brand name will not be construed as restricting to that manufacturer, but used as a minimum

Company Name: ________________________________________________________________________ SU - 13 standard of quality. When the Bidder makes no reference or change on the Bid Submittal Package, it is understood that the Bidder will furnish the specific brand named in the Bid.

If Bidding on an item other than the make, model, brand, or number as shown and offered as an equal, complete technical information, Specifications, manufacturers’ name, and catalog reference must be clearly stated on the Bid Submittal Package or attached letter.

Any deviation between the brand offered and the brand specified must also be clearly indicated.

2.11.2 Certain items will be excluded from the above paragraph. The City has found it effective to standardize certain items. Approval has been granted by the City Manager or Commission to standardize specific items. A proper notation will be indicated in the Bid for any such items.

2.12 DISPOSAL / WASTE HAULING SERVICES

2.12.1 In accordance with City Code of Ordinances Chapter 17, Article II – Private Commercial Collection, “All refuse accumulated in the City by commercial establishments shall be collected, conveyed, and disposed of by a private commercial collector authorized to do business within the City.” For any disposal or waste hauling services necessary to execute the Work described herein, the awarded Contractor shall utilize a commercial collector from the City’s list of approved commercial solid waste collection haulers.

2.12.2 Visit the following link and see the Commercial Solid Waste Collection – City-Approved Haulers list: https://www.altamonte.org/398/Franchises

2.13 RESERVED RIGHTS OF THE CITY

2.13.1 The City may award any item or group of items or any Bid unless the Bidder qualifies his

Bid by specific limitations.

2.13.2 The City reserves the right to accept and award 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 and is the best value to the City

2.14 TAXES

The City is exempt from paying state and local sales tax when payment is made directly by the City (Florida Statute Ch. 212.08(6). This exemption does not include sales of tangible personal property made to contractors employed either directly or as agents by the City when such tangible personal property goes into or becomes a part of City inventory owned by the City. The City of Altamonte Springs, Florida, has the following tax-exempt certificates assigned:

https://www.altamonte.org/398/Franchises

Company Name: ________________________________________________________________________ SU - 14

Certificate of Registry No. 59-6000263 for tax-free transactions under Chapter 32, Internal Revenue Codes.

Florida Sales & Use Tax Exemption Certificate No. 85-8012740082C-1 (effective through 06/30/2027).

2.15 DEFAULT

As a result of Bids received under this Invitation, the award of the Bid/Contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Bidder not meet the delivery deadline(s) set forth in the Specifications or should the Bidder fail to perform any of the other provisions of the Specifications and/or other Contract Documents, the City may declare the Bidder in default, and terminate the whole or any part of the Contract. Upon declaring the Bidder in default and terminating the Contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions therefore, and the Bidder will be liable to the City for any excess costs, including but not limited to any reasonable attorney fees should any element of default be litigated in court or disputed in such a manner that requires the services of an attorney, resulting therefrom. Where the Bidder fails to comply with any of the Specifications, except for delivery deadlines, the City may, at its discretion, provide the Bidder with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specific period. Such notification will not constitute a waiver of any of the City's rights and remedies hereunder.

2.16 PATENT INDEMNITY

Except as otherwise provided, the Successful Bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon letters patent of the United States arising out of the performance of this Bid/Contract or out of the use or disposal by or for the account of the City of supplies furnished or services or construction Work performed hereunder.

2.17 DISCOUNTS

2.17.1 In connection with any discount offered, time will be computed from the date of delivery and acceptance at a destination, or from the date the corrected invoice is received by the requesting department, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date the City check is issued.

2.18 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

By submission of this Bid, the Bidder certifies, and in the case of a joint Bid, each party thereto certifies as its own organization, that in connection with this procurement:

Company Name: ________________________________________________________________________ SU - 15

The prices in this Bid have been arrived at independently, without competition, as to any matter relating to such prices with any other Bidder or with any competitor.

Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor.

No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a Bid for the purpose of restricting competition.

Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a Contract with the State of Florida Purchasing Division.

The Bidder agrees that supplies/services furnished under this quotation, if awarded, will be covered by the most favorable warranties, that the Bidder gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and not limit any rights offered to the City by any other provision of the Bid award.

2.19 QUALIFICATIONS OF BIDDERS

The City reserves the right, before awarding the Bid, to require a Bidder to submit such evidence of its qualification(s) as it may deem necessary, and may consider any evidence available to it of the financial, technical, and other qualifications and abilities of a Bidder.

Bidders may be required to demonstrate that they have experience in Work of the same or similar nature and/or may be required to prove that their organization has been in formal existence for not less than five (5) years.

2.20 DISQUALIFICATION OF BIDDERS

2.20.1 Any of the following causes may be considered as sufficient for the disqualification of a

Bidder and the rejection of this Bid:

Failure to sign the Bid Submittal Package.

Failure to submit valid Bid Guarantee (if called for in Bid) with Bid Form.

Submission of more than one Bid for the same Work by an individual, firm, partnership, or corporation under the same or different names.

Evidence of collusion among Bidders.

Company Name: ________________________________________________________________________ SU - 16

Previous participation in collusive Bidding on Work for the City of Altamonte Springs, Florida.

Submission of an unbalanced Bid in which the prices Bid for some items are out of proportion to the prices Bid for other items.

Lack of competency of the Bidder. The Contract will be awarded only to a Bidder rated as capable of performing the Work. The City may declare any Bidder ineligible at any time during the process of receiving Bids or awarding the Bid where developments arise which, in the opinion of the City, adversely affect the Bidder's responsibility; however, the Bidder will be given an opportunity by the City to present additional evidence before final action is taken.

Lack of responsibility as shown by past performance.

Unsatisfactory Performance/Uncompleted Work for which the Bidder is committed by a Contract which, in the judgment of the City, might hinder or prevent the prompt delivery and/or completion of the Work under this Bid if awarded to such Bidder.

Being in arrears on any of its existing Contracts with the City, in litigation with the City, or having defaulted on a previous Bid and/or Contract with the City.

2.21 REJECTION OF IRREGULAR BIDS

Bids will be considered irregular and may be rejected if they contain omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternates, or other irregularities of any kind. The City reserves the right to waive any informalities or irregularities of Bids, or to reject any or all Bids.

2.22 AWARD OF BID

2.22.1 IMPORTANT: The Contract resulting from this Solicitation is anticipated to begin at/around the beginning of the City’s fiscal year on October 1, 2026. Bidders shall plan their Bid offer (percentage-off discount) and delivery fees accordingly.

2.22.2 The correct summation of the correct products, obtained by multiplying the estimated quantities shown on the Bid Form and/or Itemized Bid Tabulation by the unit Bid prices entered therein, together with the lump sum Bid prices, if any, will be considered as the total Bid price. In the event of a discrepancy between a unit Bid price and an extension, the unit Bid price will govern.

2.22.3 The Bid, if awarded, will be awarded to that responsible Bidder whose Bid is in the best interest of, best value to, and most advantageous to the City. Factors the City could

Company Name: ________________________________________________________________________ SU - 17 include, but may not be limited to, price, compliance with Specifications, Bidder’s ability to perform, prior performance (if any) with the City, warranty offered, delivery or time of completion, Bidder's financial capability, and other factors specified in the Bid.

2.22.4 The tentative award recommendation will be posted on the City’s Solicitation Posting / E- Procurement portal (VendorLink). The date is subject to change. It will be the responsibility of the Bidder to visit VendorLink to check on the status of the award recommendation.

2.22.5 If you have any questions regarding the City's evaluation and Intent to Award Recommendation, they must be submitted in writing to the Procurement staff listed and received by 4:30 p.m. of the business day prior to the City Commission meeting.

Questions or concerns not submitted to the Procurement staff listed may not be considered at the Commission meeting.

2.23 SAMPLES

2.23.1 Samples of items, when required, must be furnished free of expense to the City and if not called for within thirty (30) days from the date of notification to retrieve, the sample will be disposed of in the best interest of the City.

2.24 PUBLIC ENTITY CRIME STATEMENT

2.24.1 In accordance with paragraph (2)(a) of Section 287.133, Florida Statutes, "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 over the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."

2.25 DRUG-FREE WORKPLACE PROGRAM PREFERENCE

2.25.1 In Accordance with Section 287.087, Florida Statutes, “Whenever two or more Bids, proposals, or replies that 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, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.”

Company Name: ________________________________________________________________________ SU - 18

2.25.2 Established procedures for processing tie Bids will be followed if none of the tied vendors has a drug-free workplace program.

2.25.3 In order to have a drug-free workplace program, a business shall comply with the requirements as established in the statute. If your business complies with these requirements and would like to be given preference, in the event of a tie Bid, the Bidders will be asked to complete a "Drug-Free Workplace Program Certification Form". The Bidder is not required to complete the form at this time.

2.26 PUBLIC RECORDS – SOLICITATION SUBMITTAL INFORMATION AND DOCUMENTS

Florida law (Florida Statute 119, the Public Records Law) requires that municipal records be open at all times for personal inspection by any person. Information and materials received by the City in connection with a solicitation response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 30 days after Bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Submitter believes any of the information contained in their response is exempt from the Public Records Law, then the Submitter, must in their response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption. The City's determination of whether an exemption applies shall be final, and the Submitter agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records.

2.27 PUBLIC MEETING AND NOTICES

2.27.1 In accordance with Florida Statute 286.011, all meetings, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting.

2.28 TO APPEAL ANY MEETING OR DECISION MADE

2.28.1 Persons are advised if they wish to appeal any meeting or decision made concerning this

Bid, they will need a record of the proceeding, and for such purposes, 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, per Chapter 80-150, Laws of Florida. The City does not provide this verbatim record. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk Department ADA Coordinator 72 hours in advance of the meeting at (407) 571-8122 (VOICE) or (407) 571-8126 (TTY) or email: CityClerk@Altamonte.org.

2.29 OBSERVE ABOVE INSTRUCTIONS

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html mailto:CityClerk@Altamonte.org

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Failure to observe any of the above instructions and conditions may constitute grounds for rejection of your Bid.

2.30 PRIORITY OF SPECIFICATIONS

In the event of conflicts or inconsistencies in the Bid documents, priority will be given to the requirements in the Technical Specifications, then to the General Specifications of the Bid. Technical Specifications override the General Specifications and the General Specifications will override the Bidding Instructions, Terms, and Conditions.

2.31 TIME EXTENSION OF BID

In addition, the Board of City Commissioners, Altamonte Springs, Florida, reserves the option to extend the time period of the Bid, including all terms and conditions of the Bid documents. Such a time extension will be by mutual written agreement.

2.32 CONFLICT OF INTEREST

All Bidders must disclose, with their Bid submittal, the name of any officer, Director, or agent who is also an officer or employee of the City of Altamonte Springs. Furthermore, all Bidders must disclose the name of any City of Altamonte Springs officer or employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the Bidder’s firm or any of its branches, subsidiaries, or partnerships. Failure to disclose in this manner will result in the disqualification of the Bidder or the cancellation of Work. It is the sole responsibility of the Bidder to ensure compliance with this requirement. Please complete and submit the “CONFLICT OF INTEREST STATEMENT FORM” with your submittal.

2.33 DATA OWNERSHIP AND USE

Data Ownership All data, information, materials, reports, specifications, drawings, records, and other documentation (collectively, “Data”) created, received, maintained, or generated by the Contractor in connection with or as a result of services provided under this solicitation and any resulting Agreement shall be the sole and exclusive property of the City of Altamonte Springs (“City”). No right, title, or interest in such Data shall vest in the Contractor.

Use of Data The Contractor shall use the Data solely to perform services under the Agreement. The Contractor shall not disclose, sell, assign, lease, or otherwise provide access to the Data to any third party without the prior written consent of the City, unless required by law.

Intellectual Property Rights All work products, deliverables, and materials developed under this Agreement shall be deemed “works made for hire” to the extent permitted by law. To the extent such work

Company Name: ________________________________________________________________________ SU - 20 products do not qualify as works made for hire, the Contractor hereby irrevocably assigns to the City all rights, title, and interest, including all intellectual property rights, in and to such work products. The Contractor agrees to execute any documents necessary to effectuate such assignment.

Public Records Compliance The Contractor acknowledges that the City is subject to the requirements of the Florida Public Records Law (Chapter 119, Florida Statutes). The Contractor shall comply with all applicable public records laws, including, but not limited to:

• Keeping and maintaining public records required by the City to perform the service;

• Upon request from the City’s custodian of public records, providing the City with a copy of the requested records or allowing such records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes;

• Ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;

• Meeting all requirements for retaining public records and transferring, at no cost, to the City all public records in possession of the Contractor upon termination of the Agreement and destroying any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements;

• Providing all records stored electronically in a format that is compatible with the information technology systems of the City.

Data Security and Protection The Contractor shall implement and maintain appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of all Data. Such safeguards shall protect against anticipated threats or hazards to the security or integrity of the Data and against unauthorized access or use. In the event of a data breach involving personal information, the Contractor shall comply with all applicable notification requirements under the Florida Information Protection Act (FIPA) and notify the City immediately, but no later than seventy-two (72) hours following discovery.

Return or Destruction of Data Upon expiration or termination of the Agreement, or upon request by the City, the Contractor shall promptly return all Data to the City in a format specified by the City or, at

Company Name: ________________________________________________________________________ SU - 21 the City’s direction, securely destroy such Data and provide written certification of destruction.

Audit and Inspection Rights The City reserves the right to audit, examine, and inspect the Contractor’s records, systems, and procedures related to Data maintained under the Agreement to ensure compliance with this Section and applicable laws.

Survival The provisions of this Section shall survive the expiration or termination of any Agreement resulting from this Solicitation.

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3 GENERAL SPECIFICATIONS

3.1 SCOPE

The City of Altamonte Springs desires to purchase various landscaping plants/products, including, but not limited to, annuals, potted plants, plugs, grass seeds, and trees on an as-needed, when-needed basis. The City anticipates issuing multiple partial requests for quotes throughout the term of the contract.

3.2 EFFECTIVENESS AND DURATION

3.2.1 It is the intent of the City that the agreement(s) resulting from this solicitation will be a one-time purchase.

3.2.2 The term of the Contract resulting from this solicitation will be for a period of one (1) year, with the option to renew the Contract for four (4) additional one (1) year terms, not to exceed a total of five (5) years, without mutual agreement of the parties. Either party may cancel this agreement, either in whole or in part, by giving at least 45 days prior notice in writing. However, the Contractor will not be authorized to exercise this cancellation option during the first 90 days of the agreement.

3.3 BID PRICE

3.3.1 Unless otherwise stated, the prices will include all costs of packaging, transportation, unloading, inside delivery to a designated point within Altamonte Springs or all labor, equipment, tools, materials and supplies and all other costs not specifically listed herein.

The price will be all-inclusive, with no additional hidden costs.

3.3.2 For this Solicitation, the City will allow a flat fee for Delivery. Bidders shall enter their Delivery fee on the required Itemized Bid Form. Delivery fees shall be a fixed rate per order, unless otherwise specified or with prior written approval by the City. Bidders shall cite any additional delivery terms applicable, such as, but not included to: delivery minimums, bundled delivery offers, specialty delivery requirements for large trees, etc.

3.3.3 See Attachment A - Itemized Bid Form (separate document – Excel file) to enter Bid pricing. Bidders shall follow the instructions on the Itemized Bid Form and as summarized below.

3.3.4 The Itemized Bid Form groups products by the following product categories: Group A – Plugs; Group B – Trees; Group C – Plants and Group D – Grass Seed. Bidders may submit a Bid for 1 or more groups of products. The City intends to award by group and may award to multiple Contractors if in the best interest of the City. Bids will be evaluated by the lowest total cost per group of products.

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3.3.5 Bidders shall enter their Bid offer as a percentage-off catalog/list price in cell E5 on the Itemized Bid Form. This is intended to serve as a fixed discount rate offered for all products that the Bidder sells. If awarded, the City will reach out for order requests and the percentage off discount shall be applied to any/all orders within the scope of this Solicitation and the Contract.

3.3.6 Next, Bidders shall enter their list price / catalog price for each Bid item within column E.

The Itemized Bid Form will calculate the discounted amount using the percentage-off that was entered in cell E5. Subtotals and the grand total will calculate automatically.

3.3.7 The prices offered in this Bid will remain firm during the initial period of the agreement.

3.4 TARRIFS AND DUTIES

3.4.1 All prices submitted shall include all applicable tariffs, duties, and customs fees in effect as of the bid, quote, or proposal due date. If new tariffs or duties are imposed after the due date and directly affect the cost of materials required for contract performance, the Contractor shall submit a written request for a price adjustment. Any such request shall be fully documented, limited strictly to the demonstrable direct cost impact, and subject to the City’s sole discretion and approval. No price adjustment shall be permitted without the City’s prior written authorization and approval.

3.5 PRICE ADJUSTMENTS

3.5.1 No less than forty-five (45) days prior to the end of the Contract period or anniversary of the Contract date, the Contractor may submit a written request for price adjustments for the next Contract period. Any increased price adjustment(s) must be accompanied by written justification attesting that the request is a bona fide cost increase to the vendor along with suitable documentation of factors affecting it. All requests for price adjustment(s) shall be supported by Consumer Price Index and/or Producer Price Index documentation supporting the requested increase.

3.5.2 All price increases(s) and decreases(s) are to be approved by the City’s Procurement Division with the concurrence of the User Department.

3.5.3 The new price is then to be held firm for the next Contract period, after which time the prices may be adjusted again following the same procedure. If a price adjustment is not received within the time period established above, the current agreement price will automatically extend for another year.

3.5.4 Nothing in the above is to be construed as limiting the Contract from charging a lesser price than the current Bid price at any time after the award.

Company Name: ________________________________________________________________________ SU - 24

3.5.5 In the event that a request for a Bid price increase for a given item is considered by the City to be excessive and cannot be successfully negotiated, the City may elect not to renew and re-Bid.

3.6 AVAILABILITY OF FUNDS

The Cit’s contractual obligations under this agreement are contingent upon the availability of appropriate funds.

3.7 PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES

3.7.1 It is hereby made a part of this Invitation to Bid that the submission of any Bid response to this request constitutes a Bid made under the same terms and conditions, for the same Contract price, to other government agencies if agreeable by the Bidder and the governmental agency.

3.7.2 At the option of the Vendor/Contractor, the use of the Contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities.

3.7.3 Each governmental agency allowed by the Vendor/Contractor to use this Contract shall do so independently of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received, and accepted. No agency receives any liability by virtue of this Bid and subsequent Contract award.

3.8 INTERPRETATION OF ESTIMATED QUANTITIES

The estimated quantities of Work to be done and materials to be furnished under this Bid are to be considered as approximate only and are to be used solely for the comparison of Bids received. The City reserves the right to purchase any, all, or none of its requirements from the Bidder(s) awarded the Bid. The City does not expressly or by implication represent that the actual quantities involved will correspond exactly therewith, nor will the Bidder plead misunderstanding or deception because of such estimates of quantities or of the character, location, or other conditions pertaining to the Work. Payment to the Successful Bidder/Contractor will be made only for the actual quantities of Work performed and/or materials furnished in accordance with the Bid documents, and it is understood that the quantities may be increased or diminished without in any way invalidating any of the unit or lump sum prices Bid. The City does not expressly or by implication represent that the actual quantities involved will correspond exactly therewith, nor will the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location, or other conditions pertaining to the Bid requirements. Payment to the Successful Bidder/Contractor will be made only for the actual quantities of Work performed and/or materials furnished in accordance with the

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Bid documents, and it is understood that the quantities may be increased or diminished without in any way invalidating any of the unit or lump sum prices Bid.

3.9 COMPLIANCE TO LAWS, GUIDELINES, REGULATIONS, ETC

The Successful Bidder must comply with all applicable federal, state, and local laws guidelines, regulations, etc. This includes, but is not necessarily limited to, DOT, OSHA, EPA, and DEP.

3.10 ABBREVIATIONS

Whenever in these Bid documents a reference is…