Procurement

Solicitation

RFQ26-17

PRE-QUALIFIED CONTRACTORS FOR PARKS, NATURAL

RESOURCES, STORMWATER, AND AQUATIC SERVICES

DEADLINE FOR QUESTIONS: April 16, 2026

RESPONSE DEADLINE: April 27, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Sealed responses must be submitted electronically via the City’s e- Procurement Portal on or before the date and time referenced above. Any responses received after 2:00 pm on said date will not be accepted under any circumstances. Under no circumstances shall the City be responsible for untimely submissions, late deliveries, or delayed response.

City of Winter Park

REQUEST FOR QUALIFICATION

Pre-Qualified Contractors for Parks, Natural Resources, Stormwater, and

Aquatic Services

1. Introduction

2. Proposal Preparation & Submittal

3. Qualifications and Requirements

4. Evaluation Procedure

5. Evaluation Criteria

6. Standard Terms & Conditions

7. Summation of Insurance Requirements

8. Vendor Requirements & Acknowledgement

9. Attachments

1. Introduction

1.1. Summary

Electronic submissions must be received and time stamped by the City of Winter Park's eProcurement portal on or before 2:00 pm Monday, April 27, 2026. Any responses received after said time and date will not be accepted under any circumstances. Official time will be measured by the time stamp from the eProcurement portal, which shall be scrupulously observed.

Under no circumstances shall the City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

The City of Winter Park ("City") is seeking proposals from qualified contractors to provide task-based parks, stormwater, and aquatic services at park facilities, natural areas, aquatic systems, and restoration sites throughout the City. The intent of this solicitation is to pre-qualify a pool of contractors and establish one (1) or more contracts for five (5) task groups consisting of related services.

Under the Task Authorization process outlined in this solicitation, Contractors may participate in one (1) or more task groups for which they are qualified and will competitively bid on individual projects on an as-needed basis through task authorizations.

1.2. Background

The City manages public parks, shoreline access areas, stormwater infrastructure, boardwalks, docks, wetlands, and aquatic restoration sites. Routine inspection, maintenance, debris removal, and ecological restoration are necessary to:

• Maintain public safety

• Protect water quality

• Preserve ecological function

• Extend infrastructure lifespan

• Ensure regulatory compliance

1.3. Contact Information

Madison Smith Procurement Agent Email: msmith@cityofwinterpark.org Phone: (407) 599-3238

Department:

Natural Resources & Sustainability

1.4. Timeline

All times, dates, and actions are subject to change. In accordance with F.S. 286.0113, portions of the meetings may be exempt from public meeting requirements. All interested parties are welcome to attend the non-exempt portions of the public meetings.

https://procurement.opengov.com/portal/cityofwinterpark mailto:msmith@cityofwinterpark.org tel:(407)599-3238

Release Date March 27, 2026

Question Submission Deadline April 16, 2026, 2:00pm

Proposal Submission Deadline April 27, 2026, 2:00pm

Selection Committee Meeting (Non- Mandatory)

May 7, 2026, 9:00am

City Hall - Chapman Room 401 S Park Ave Winter Park, FL 32789

Anticipated Award Date TBD

2. Proposal Preparation & Submittal

2.1. Obtain Documents

Documents can be downloaded by visiting the City of Winter Park's public eProcurement portal. If you experience any problems downloading the document, please contact the OpenGov system support via the Tech Support chat on the website, email procurement-support@opengov.com, or by phone at (650) 336-7167.

Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in OPENGOV well in advance of their intention of submitting a response to ensure familiarity with the use of OPENGOV. The City will not be responsible for an Offeror’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OPENGOV.

2.2. Electronic Proposals Due

Electronic responses must be submitted via City's eProcurement portal by 2:00 pm Monday, April 27, 2026. It is the Respondent’s responsibility to ensure that your proposal is delivered at the proper time to the City's eProcurement portal. Proposals that for any reason are not so received will not be considered. All proposals received after 2:00 pmMonday, April 27, 2026 will not be accepted. Under no circumstances will City of Winter Park be responsible for late proposals or submissions.

All proposals will be opened and acknowledged immediately following the proposal's due date and time. Pursuant to Florida Statute 119.071 (1)(b)1. a., sealed bids, electronic proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s.

24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

2.3. City is Not an Administrative Agency

To the fullest extent allowed by law, the City of Winter Park is not an administrative agency subject to the formal solicitation procedures specified in Section 120.57(3), Florida Statutes, as it may be amended.

2.4. Preparation of Proposals

Proposals shall be submitted electronically by the Respondent via the City's eProcurement portal and whether the Respondent is a corporation, limited partnership, limited liability company, or other entity other than an individual. A Respondent may be requested to present evidence of their experience and qualifications and the entity’s financial ability to carry out the terms of any resulting contract.

If your response contains any information deemed confidential, provide an additional redacted version of your response labeled “Redacted”. An electronic copy (Adobe) shall be submitted in within the Vendor Requirements & Acknowledgement section.

https://procurement.opengov.com/portal/cityofwinterpark/projects/232526 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark/projects/232526/document?section=2207892

2.5. Proposal Submittal

Proposals shall be submitted directly to the City's eProcurement portal. Submit proposals in accordance with the instructions listed herein regarding the time, place, and date required.

Responses received after the time requirement will not be opened and will not be considered for award. It is the Respondent’s sole responsibility to be sure its response is submitted directly to the City's eProcurement portal by 2:00 pm Monday, April 27, 2026, and that the response is properly submitted as required. The City will not be responsible for any proposal submitted incorrectly or to the wrong location.

All proposals must be prepared and submitted in accordance with the instructions provided in this Request for Qualifications (RFQ). Each proposal received will be reviewed to determine if it is responsive to the submission requirements outlined in the RFQ. A responsive proposal is one that follows the requirements of the RFQ, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments as required on each document. Failure to comply with these requirements may deem your proposal non-responsive. The City reserves the right to disqualify a proposal that is not submitted in the format delineated in Vendor Requirements & Acknowledgement.

Pursuant to Section 287.05701, Florida Statutes, the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor or give preference to a vendor based on the vendor’s social, political, or ideological interests.

2.6. Responsiveness

The City will determine whether the Respondent complies with the instructions for submitting proposals, including completeness of the proposal, which encompasses the inclusion of all required attachments and submissions. Late proposals will not be accepted. Failure to meet other requirements may result in rejection.

2.7. Responsibility

The City will determine whether the Respondent is one with whom it can or should do business. Factors that the City may evaluate to determine “responsibility” include, but are not limited to: past performance, references (including those found outside the proposal), compliance with applicable laws, Respondent's record of performance and integrity – e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A Respondent must always have sufficient financial resources, in the opinion of the City, to ensure the performance of the contract and must provide proof upon request. The City reserves the right to inspect and review Respondent’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information or the quality of the information will result in rejection.

3. Qualifications and Requirements

The terms “Contractor” and “Respondent” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions.

3.1. Task Groups

The Contractor shall provide all labor, materials, equipment, supervision, and permits required to perform the following five (5) task categories:

Task Group 1: Stormwater Infrastructure Services

Services may include, but are not limited to:

• Inspection and cleaning of catch basins, inlets, and manholes

• Sediment and debris removal

• Pipe jetting and vacuum services

• Construction/repair of stormwater conveyance and detention/retention systems

• Maintenance of bioswales, rain gardens, and detention/retention ponds

• Erosion and sediment control measures

• Documentation and reporting (pre/post inspection photos)

Deliverables:

• Inspection reports

• Sediment disposal manifests

• Maintenance logs

Task Group 2: Aquatic Services

Services may include:

• Mechanical harvesting of vegetation

• Native plant restoration

• Wetland buffer management

• Debris removal from waterbodies

Compliance:

• Must comply with federal, state, and local environmental regulations

• Proper permitting and aquatic herbicide licensing are required

Task Group 3: Parks Shoreline, Boardwalk, and Dock Maintenance

Services may include:

• Inspection and repair of boardwalks and docks

• Replacement of decking, structural supports, and pilings

• ADA-compliant access improvements

• Pressure washing and surface maintenance

• Debris and driftwood removal

• Safety railing and hardware replacement

Contractor must:

• Provide marine-capable equipment if required

• Demonstrate experience in waterfront construction

Task Group 4: Ecological Restoration and Bank Stabilization

Services may include:

• Shoreline stabilization (riprap, seawalls, turf reinforcement, coir logs, bioengineering techniques)

• Native vegetation planting

• Wetland and habitat restoration

• Erosion control blanket installation

• Sediment rehabilitation

• Storm-damaged restoration work

Deliverables:

• Restoration plans (if required)

• As-built documentation

• Plant establishment monitoring reports

Task Group 5: Emergency Response and Post-Storm Services

Services may include:

• Post-storm debris removal

• Emergency erosion repair

• Dock and boardwalk stabilization

• Flood damage mitigation

• Rapid-response stormwater system clearing

Response Time: twenty-four (24) hours post-storm mobilization

3.2. Workmanship and Inspection

All work under the resulting contract shall be performed in a skillful and workmanlike manner. The City may, in writing, require the Contractor to remove any employee from a jobsite that the City deems incompetent or careless. The City may, from time to time, make inspections of the work performed under the contract. Any inspection by the City does not relieve the Contractor from any responsibility regarding defects or other failures to meet the contract requirements.

3.3. Clean-Up

The Contractor(s) shall at all times keep the adjacent areas of the property free from rubbish and the accumulation of any waste materials. Trash and debris shall be cleaned daily or more often if requested by the City. Staged materials shall be organized and placed so they do not interfere with access to said property.

3.4. Task Authorization Procedure

This section briefly describes the expected process to be used to request work from the Successful Respondent(s).

A. City identifies work that needs to be performed.

B. City issues a generally worded scope of work outlining the necessary improvement for a specific project to the pre-qualified list of Contractors to obtain pricing to complete the project.

C. Contractor drafts price proposal and submits to City for review. This proposal shall include the following:

1. Brief description of the work to be performed.

2. Labor and material costs for each of the major elements of work. Total cost of the project.

3. List of subcontractors.

4. Signed statement confirming that the Contractor has visited the site prior to preparing the estimate and is thoroughly familiar with the site and the scope of work.

5. Number of calendar days required to complete the work after City authorization. It is the Contractor's responsibility to ensure they have all the information necessary to prepare the estimate.

6. The completed cost proposal shall be signed and dated by the Contractor and returned to the City for review within ten (10) working days of request.

7. Upon review of all proposals received, the City will assign the project by issuing a Task Authorization.

D. The City's review and approval of the cost estimate shall become the sole price for each

Task Authorization awarded. The City will only consider change orders in extreme cases.

E. A typical Task Authorization shall include the following:

1. Sequential Tracking Number;

2. Description of the work to be performed;

3. Special Conditions (if applicable);

4. Identification of all subcontractors to be used (subject to County approval);

5. Submittal of Material Sheets (i.e., cut sheets, plans, permits, etc.), subject to City approval;

6. Liquidated damages provision (if applicable);

7. Milestone schedule and date of completion; and

8. Pertinent Attachments.

F. Issuance by the City of a Purchase Order after the Task Authorization has been signed by both parties shall constitute the Notice to Proceed. The Contractor shall commence on-site work no later than ten (10) working days after receipt of a Purchase Order.

G. The Successful Contractor(s) may subcontract up to fifty-nine percent (59%) of the work value for each project and shall comply with statutory requirements regarding payment to subcontractors.

H. All material and work shall be in accordance with the latest Florida Department of Transportation ("FDOT") Standards unless superseded by the project scope, bid documents, plans, or addenda.

I. The Contractor shall control all work.

J. If, in the City's opinion, the Contractor has been found to submit excessive pricing for any element of the task assigned which cannot be justified, the City may select an alternate Contractor for the work. If the Contractor has been found, in the City's opinion, to submit excessive pricing for work elements that cannot be adequately justified on a repeated basis, the City reserves the right to suspend the Contractor from the pre-qualified list.

K. Maintenance of Traffic shall be performed in accordance with FDOT standards and will be the responsibility of the Contractor.

L. Contractors with three (3) active tasks assigned and underway will be ineligible to submit a proposal for any additional tasks until at least one (1) existing task is complete and fully accepted by the City.

3.5. Project Proposals/Estimates

A. For each project, the Contractor shall submit a complete written estimate prior to initiation of any work.

B. The written estimate shall include the scope of work to be performed, estimated cost of labor, including estimated hours and positions, and a list of parts and materials to be used.

The project requester shall evaluate the estimates and, if found acceptable, shall provide written authorization in the form of a Purchase Order prior to the Contractor proceeding with the work.

C. No work is to be performed without a valid Purchase Order issued by the City of Winter Park.

D. The City shall not honor any unauthorized charges.

3.6. Permits

A. The Contractor shall be responsible for applying for and obtaining all permits required to complete the assigned projects.

B. Charges for permit fees shall be reimbursed at cost and shall not be marked up.

C. The Contractor shall provide supporting documentation for all permit fees.

3.7. Travel Time Expenses

The Contractor’s time will start on the job site. Any travel time expenses to and from the job site will be borne by the Contractor and will not be reimbursed by the City.

3.8. Workmanship and Inspection

A. The Contractor shall employ professional, qualified, and responsible service technicians to perform the work. The Contractor is expected to employ service technicians trained in the maintenance and installation of the specific types of equipment used in the City of Winter Park video and security systems.

B. The City may, in writing, require the Contractor to remove any employee from a jobsite that the City deems incompetent or careless.

C. The City will make inspections at our discretion of the work performed under the contract.

D. Any inspection by the City does not relieve the Contractor from any responsibility regarding defects or other failures to meet the contract requirements.

E. All deficiencies noted during an inspection will be corrected by the Contractor at no additional cost to the City.

F. If the Contractor fails to correct the defects within seven (7) days, the City will be entitled to have such work remedied by other sources, and the Contractor may be fully liable for all costs and expenses reasonably incurred by the City.

3.9. Emergency Services

A. Emergency Services are those services initiated during non-normal business hours and/or requiring priority response. Emergency Service shall be billed at the scheduled hourly rates plus the emergency service multiplier. Planned or scheduled work during non-business hours shall not be considered emergency service and shall be invoiced at the normal scheduled rates.

B. Normal Business Hours under this Agreement are Monday through Friday, 8:00 am - 5:00 pm, excluding published City holidays.

C. It is understood that the Successful Contractor shall have personnel available twenty-four

(24) hours a day, seven (7) days a week throughout the term of the resulting agreement.

D. The Contractor shall maintain a 24-hour, 365-day answering service for incoming service calls. All service calls shall be logged, and the log shall be submitted to the City on a monthly basis.

E. Repeated failure to meet established response times will be considered grounds to terminate this Agreement.

3.10. Site Clean-Up and Waste

A. The Contractor will, at all times, keep the adjacent areas of the job site free from the accumulation of waste materials or rubbish resulting from their operations.

B. The Contractor shall maintain a neat and clean workspace both during and after the performance of work. All trash will be removed from the site and disposed of appropriately.

C. Any fireproofing, caulking or other materials that must be removed for the installation or performance of maintenance will be re-installed or repaired as appropriate.

D. Ensure that necessary markings are installed where appropriate to identify new circuits, cables, or equipment (as applicable).

E. The Contractor will remove all waste materials and rubbish from and about the job site, as well as all tools, equipment, machinery, surplus supplies and materials, leaving the job site in a clean, ready-to-use condition.

F. The Contractor will not use trash receptacles on the City’s premises without authorization.

G. All waste materials associated with these services will be handled in accordance with all federal, state, and local regulations.

4. Evaluation Procedure

4.1. Evaluation

It is the intent of the City that all firms responding to this RFQ that meet the requirements will be ranked in accordance with the criteria established in these documents. The City will consider all responsive and responsible submittals received in its evaluation and award process.

4.2. Criteria

Firms submitting a response, along with the required information and documentation, will have their response evaluated and scored based on the evaluation criteria set forth herein for the selected task group(s). Each response will be reviewed for compliance with the RFQ instructions and the terms and conditions of this solicitation.

This RFQ is intended to establish a pool of pre-qualified contractors and is not for the award of a specific project assignment. The City's evaluation, scoring, and ranking are for the purpose of determining whether a Respondent is qualified for inclusion in the pre-qualified pool for one (1) or more selected task groups. A Respondent may be determined as qualified for one (1), multiple, or none of the selected task groups.

Responses will be scored and ranked in accordance with the weighting and grading specified in the Evaluation Criteria. Responses will be evaluated, and an award made to the Respondent who is determined to be the most advantageous to the City in terms of quality of service, qualifications, and capabilities to provide the specified services and comply with the applicable conditions of this RFQ and the resulting Contract, and who in the judgment of the City will best serve the needs and interests of the City. Inclusion in the pre-qualified pool does not guarantee any award of work or any minimum volume of services. Future work, if any, will be issued through the Task Authorization process described in this solicitation.

The following represent the principal selection criteria to be considered during the evaluation process. Points are determined by multiplying the weight by the grade. Shortlisting of firms will be based on converting each selection committee member’s total score into a ranking, with the highest score ranked first, the second-highest score ranked second, etc. Once converted, the selection committee member’s ranking for each firm will be entered into a shortlist summary. The total score recorded on the summary sheet will determine the shortlist ranking.

4.3. Initial Review of Responses

The City will perform an initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, form verification, professional licensing, references, past performance, and other relevant criteria.

4.4. Selection Process

The selection process is as follows:

A. The selection committee will evaluate all responses determined to be responsive based on their qualifications for the selected task group(s).

https://procurement.opengov.com/portal/cityofwinterpark/projects/232526/document?section=2207888

B. The selection committee will then rank the responses of those firms, using the criteria set forth in this RFQ, based on their submittals to determine a shortlist for recommendation for inclusion in the pre-qualified pool for the applicable task group(s). A Respondent may be determined qualified for one (1), multiple, or none of the selected task groups.

C. The Procurement Division will prepare an agenda item for the award recommendation to the City Commission.

D. The City Commission of the City of Winter Park will make the final selection after considering the recommendations and rankings of the Committee. The City Commission is not required to accept the recommendations and rankings of the Committee. The City Commission’s decision will be final.

E. The City and the selected Respondent will enter into a contract incorporating the requirements of this RFQ and with other terms acceptable to and required by the City. The City reserves the right to negotiate the terms and conditions of the contract with the Respondent. The City has the right to rescind the contract award to the Respondent if the City and the Respondent do not agree to the contract terms. The City reserves the right to reject a Respondent, even a Respondent awarded the contract, at any time prior to full contract execution.

4.5. Post Award Termination

Unless otherwise prohibited by law, in the event the Respondent whom the City awards a contract through this RFQ is terminated early or suspended from further work or services by the City for a default in the performance under the contract, or in the event the City rescinds a contract award to the selected Respondent prior to execution of a contract, the City may, without commencing a new competitive procurement process and without waiving any rights or remedies against the defaulting Respondent (if applicable), contract with the next responsive and responsible Respondent that is willing and able to complete the work or services if such is determined by the City Commission to be in the City’s best interest. In awarding a contract to the next responsive and responsible Respondent that is willing and able to complete the work or services, the City may accept such Respondent’s original proposal submitted by the defaulting Respondent or the Respondent whose contract award was rescinded.

5. Evaluation Criteria

A. Scoring Definitions o 1 = Poor: Lacking or inadequate in most basic requirements, specifications, or provisions for the specific criteria.

o 2 = Below Average: Meets many of the basic requirements, specifications, or scope provision but lacks some essential aspects for the specific criteria.

o 3 = Average: Adequately meets the minimum requirements, specifications, or provisions of the specific scope and is generally capable of meeting the City's needs.

o 4 = Above Average: More than adequately meets the minimum requirements, specifications, or provision of the specific scope and exceeds those requirements in some aspects for the specific scope.

o 5 = Excellent: Exceeds minimum requirements, specifications, and provisions in most aspects for the specific criteria.

In evaluating the proposals, the City shall have the discretionary power to render decisions on:

A. the honesty, reputation, and integrity of a Respondent necessary to a faithful performance of the Contract;

B. a Respondent's skill and business judgment;

C. Respondent's facilities, labor force, and equipment for carrying out the Contract properly and expeditiously;

D. Respondent's previous conduct under other contracts with the City and contracts with any other parties that the Respondent has provided work or services;

E. the quality of Respondent's previous work for the City and any other parties that the Respondent has provided work or services;

F. Respondent's pecuniary ability and financial stability;

G. the Respondent's prior and existing compliance with laws, ordinances, and regulations;

H. Respondent's maintenance of a permanent place of business;

I. Respondent's appropriate successful contractual and technical experience in similar work;

J. The proportional amount of the work Respondent intends to perform with its organization as compared with the portion it intends to subcontract;

K. the qualifications of subcontractors whom each Respondent proposes to use;

L. the proximity of Respondent's labor force, equipment, and business operation in relation to the City;

M. Respondent's ability to meet and/or maintain scheduling requirements;

N. Respondent's quoted prices for services, and

O. Respondent's responsiveness to this Request for Qualification.

The above factors may be determined by Respondent's past performance of services/work for supplied references and other parties Respondent has performed services/work, information submitted as part of the proposal or in response to an inquiry by the City, and information otherwise known or discovered by the City, or any combination thereof. The City may conduct detailed examinations of Respondents, including Respondent's personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The failure of a Respondent to supply information in connection with an inquiry promptly, at the City's discretion, may be grounds for rejecting such Respondent and its proposal.

PROSPECTIVE RESPONDENTS ARE PROHIBITED FROM CONTACTING ANY MEMBER OF

THE SELECTION COMMITTEE, EMPLOYEE, OR PUBLIC OFFICIAL (EXCEPT THE

FACILITATOR) AT ANY TIME DURING THE FORMAL SOLICITATION PROCESS UP TO THE

TIME OF CONTRACT AWARD. ANY ATTEMPTED CONTACT MAY BE GROUNDS FOR

DISQUALIFICATION.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Contractor Qualifications

Respondents will be evaluated based on the contractor's licenses, technical capabilities, and overall qualifications necessary to perform the services set forth in this RFQ. Additional consideration will be given to Respondents demonstrating completion of relevant State of Florida disaster and safety training courses, including FEMA ICS-100, ICS-200, IS-800.D, and OSHA 30- Hour Construction-Occupational Safety.

0-5 Points 25 (25% of Total)

2. Relevant Experience for Selected Task Group(s)

Respondents will be evaluated based on their experience performing similar services, including work on projects comparable in scope to this

RFQ.

0-5 Points 25 (25% of Total)

3. Key Personnel and Staffing Capacity for Selected Task Group(s)

Respondents will be evaluated based on their qualifications of key staff and the firm's ability to provide adequate staffing, equipment, and resources to perform the services set forth in this RFQ.

0-5 Points 20 (20% of Total)

4. Safety Record and Compliance

Respondents will be evaluated based on their safety programs, incident history, and compliance with applicable regulatory and environmental requirements.

0-5 Points 15 (15% of Total)

5. References for Selected Task Group(s)

Respondents will be evaluated based on how relevant the projects are to this RFQ.

0-5 Points 15 (15% of Total)

6. Standard Terms & Conditions

6.1. Basis of Response/Proposals

The words “RESPONSE” and “PROPOSAL” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions. Respondent will include all cost items;

failure to comply may be cause for rejection. No segregated proposals or assignments will be considered. It is the intent of the City to promote competition.

It shall be the responsibility of the Respondent to advise the Procurement Division of any language, requirements, etc., or any combination thereof, which the Respondent feels may inadvertently restrict or limit the requirements stated in the specifications to a single vendor or manufacturer.

Such notification must be made in writing at least seven (7) working days prior to the opening date and time of the proposal.

6.2. Performance & Payment Bonds

Upon contract award, the Successful Respondent shall be required to furnish and pay for bonds covering the faithful performance of the contract and payment of all obligations arising thereunder by delivering to the City a Performance & Payment Bond (“P&P Bond”). The P&P Bond shall be furnished in the amount equal to one hundred percent (100%) of the annual contract price, in such a form as the City may prescribe and with a surety company acceptable to the City. The P&P Bond must be effective from the beginning of the project until the City has acknowledged satisfactory performance. Please be advised that the surety or sureties must agree to adjust the bonds to the contract price as it may be modified by approved change orders and will be deemed to legally and conclusively waive notice of such change. All bonds (Bid Surety and/or P&P) are to be issued from a company licensed to sell bonds in the State of Florida with a rating no less than “A” in the Best Key Rating Guide. The City has the right but not the obligation to verify that these requirements are met.

The P&P Bond must be delivered to the City on the specified date. Failure or neglect to deliver said bonds as specified shall be considered as having abandoned the contract. Letters of Credit are not acceptable in lieu of the required bonds. In its sole discretion, the City reserves the right to waive this requirement.

6.3. Submission of Supporting Documents

The Successful Respondent shall furnish all required documents within ten (10) business days after notification of the award. If the Successful Respondent fails to furnish the required documents within ten (10) business days, the City may withdraw the award and award to the next responsive, responsible Respondent whose proposal provides the best value to the City.

6.4. Delivery

All prices shall be FOB Destination, City of Winter Park, Florida. Delivery dates and warranties must be written out and submitted with bids. We insist delivery dates be met as specified. There will be no additional charge for multiple delivery locations.

6.5. Contract Term

Unless otherwise agreed in a written document approved and signed by the City, the contract shall be in effect for thirty-six (36) consecutive months from the date the Mayor or other authorized signer signs the contract on behalf of the City.

There shall be the option of renewal for a possible first and second 12-month period, not to exceed sixty (60) months in total, after written consent of both parties and approval by the City Commission or City Manager. Approximately forty-five (45) days prior to the expiration of the initial contract period, the successful Respondent will be notified by the City if it seeks an extension. To be effective and enforceable, any changes in the scope of services or prices intended to apply in a renewal or extension period must be presented by City staff to the City Commission for approval or rejection.

Upon written consent of both parties and approval of the City Commission or City Manager, the contract will be renewed for the first or second term.

6.6. Invoicing & Payment

Unless otherwise agreed to by the City, payment terms will be thirty (30) days net from receipt of invoice unless an appropriate prompt payment discount is provided and accepted. Payment shall be made by the City only after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced, and the invoices are in all respects satisfactory to the City and appropriate for payment. All invoices shall bear the purchase order number or RFQ number. Payment and disputes involving invoices and payments shall be governed in accordance with Part VII, Chapter 218, Florida Statutes (Local Government Prompt Payment Act).

6.7. VISA Acceptance

The City of Winter Park has implemented a purchasing card program using the VISA platform.

Successful Respondent may receive payment from the City by the purchasing card in the same manner as other VISA purchases. VISA acceptance is preferred but is not the exclusive method of payment.

6.8. Taxes

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

6.9. Mistakes

Respondents are expected to examine the specifications, delivery schedule, prices, extensions, and all other instructions provided herein. Failure to do so will be at the Respondent’s risk. The City is not obligated to give successful Respondents extra payments for conditions that can be determined by examining the site and documents. In case of a mistake in the extended price, the unit price will govern and the Respondent’s total offer will be corrected accordingly.

6.10. Minor Informalities or Irregularities in Bids

A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, or delivery is negligible when contrasted with the total cost or scope of the acquired supplies or services. The procurement officer either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the City. Examples of minor informalities or irregularities include the failure of a bidder to

A. Furnish required information concerning the number of its employees;

B. Sign its bid, but only if-

1. The undersigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned bid (such as the submission of a bid guarantee or a letter signed by the bidder, with the bid referring to and clearly identifying the bid itself); or

2. The firm submitting a bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature and submits evidence of such authorization and the bid carries such a signature;

C. Acknowledge receipt of an amendment to an invitation for bids, but only if-

1. The bid received clearly indicates that the bidder received the amendment, such as where the amendment added another item to the invitation and the bidder submitted a bid on the item; or

2. The amendment involves only a matter of form or has either no effect or merely a negligible effect on the price, quantity, quality, or delivery of the item bid upon.

6.11. Contract Award

The City reserves the right to make award(s) by individual item, aggregate, or none, or a combination thereof; with one or more suppliers; to cancel the formal solicitation; reject any or all proposals; or waive any minor informalities or technicalities in proposals received, as may be deemed in the best interest of the City in the City’s sole discretion; and reserves the right to award the contract to the most responsive, responsible Respondent who submits a proposal meeting specifications in a way deemed most advantageous and of best value to the City in the City’s sole discretion.

The City further reserves the right to consider matters such as, but not limited to, the quality offered delivery terms, and service reputation of the vendor in determining the most advantageous proposal.

The City reserves the right to make an award to more than one Respondent. The City reserves the right to demand additional information or clarification with respect to any proposal or submission from one or more Respondents. Such request shall be furnished to all Respondents. Failure to respond or to provide adequate information in response shall be grounds for disqualification at the sole discretion of the City. Information received upon such request for additional information or clarification may be relied upon by the City in determining the most advantageous proposal for purposes of making an award.

6.12. Proposal or Contract Terms at Variance with This Document and the RFQ or Specifications

This formal solicitation expressly limits acceptance of the terms of this document. If the Respondent submits a proposal that contains additional terms and conditions, then, at the option of the City, it may award the contract to such proposal but without the contractual terms that were included in the RFQ and which are inconsistent with or different from the language in this invitation, and the specifications and this document so long as the proposal is otherwise responsive to this document and the specifications with the inconsistent language stricken.

The Respondent hereby agrees that by making a submission based upon this RFQ, any term or condition inconsistent with this document or the specifications shall be null, void, and stricken by the City. Without limitation, the following contract terms and provisions shall be deemed inconsistent and will be stricken:

A. Any provision that changes the venue for any type of dispute resolution to a location outside of Orange County, Florida.

B. Any provision that applies the law of any jurisdiction other than the law of Florida.

C. Any provision that provides for a dispute resolution method other than resolution in the court of appropriate jurisdiction and venue (although non-binding mediation in Orange County, Florida using a mutually agreed mediator will not be deemed inconsistent). Dispute resolution through arbitration or through any other tribunal court of appropriate jurisdiction and venue (in Orange County, Florida).

D. Any provision that provides for attorneys fees to the prevailing party in any litigation between or among the parties is inconsistent and shall be stricken.

E. Any provision that limits the remedies and warranties available to the City under applicable provisions of Florida law shall be inconsistent and stricken. Although the Uniform Commercial Code and Florida law will allow for the limitation of warranties and remedies, such limitations are also inconsistent with the intent of this formal solicitation and will be stricken from the contract if awarded. It is the intent of the parties that the City shall reserve all of its rights of warranty and remedies available to the fullest extent under Florida law, without limitation.

F. Any provision that alters the risk of loss and/or FOB point of responsibility with respect to goods in transit that are inconsistent with the provisions of this document or the bid specification shall be inconsistent and stricken.

G. Any provision that provides for the City to hold harmless and indemnify another party shall be inconsistent with this formal solicitation and stricken.

H. Any provision that, to any extent waives, alters or modifies, or purports to do so, the sovereign immunity rights of the City shall be deemed to be inconsistent with this formal solicitation and shall be stricken.

I. Any bid that purports to establish a lien or security interest in any property sold by the vendor or any other property of the City shall be deemed unlawful and inconsistent with this formal solicitation and stricken.

J. Any term that is proposed that would alter the rate of interest and terms for payment in a manner inconsistent with this formal solicitation shall be deemed to be stricken although to the extent the Florida Prompt Payment Act applies, that statute shall govern, with the City reserving all rights under such Act.

K. Any provision that purports to establish liability against the City for any indirect, incidental, special, or consequential damages, including but not limited to delay damages.

6.13. Modifications & Withdrawals

Proposals may be modified at any time prior to the bid open date and time. To change a proposal, login to your vendor account: https://procurement.opengov.com/login, and go to your submitted proposal. Select “Unsubmit Proposal”, make the required changes, and submit the proposal again.

Proposals may be withdrawn any time before the bid open date and time. To withdraw a bid, log in to your vendor account: https://procurement.opengov.com/login, and go to your submitted proposal. Select “Unsubmit Proposal.

HOWEVER – NO PROPOSAL MAY BE WITHDRAWN OR MODIFIED AFTER THE PUBLIC OPENING and shall constitute an irrevocable offer for a period of ninety (90) days to provide to the City the services set forth in this formal solicitation or until one or more of the proposals have been awarded.

If an RFP or RFQ procurement, including but not limited to procurement under CCNA (s. 287.055), the City may negotiate a contract or purchase that deviates from the proposal submitted in the interest of the City.

6.14. Disqualifications

The City of Winter Park reserves the right to disqualify proposals, before or after opening, upon evidence of collusion with intent to defraud or other illegal practice upon the part of the Respondent. Respondent also warrants that no one was paid or promised a fee, commission, gift, or any other consideration contingent upon receipt of an award for the services or product(s) and/or supplies specified herein. See Non-Collusion Statement in Vendor Questionnaire.

6.15. Proposal Costs

Costs related to preparing a response to this formal solicitation are solely those of the Respondent, and the City assumes no responsibility for any such costs incurred by the Respondent.

6.16. Protests & Procurement Policy

If a protest is filed, it shall be in accordance with the procedures outlined for bid protests in the City’s Procurement Policy. The Procurement Policy is incorporated herein by reference and is available online at the City of Winter Park Procurement Division website.

In the event of any inconsistency or ambiguity between the terms of the Procurement Policy & Procedures Manual as compared with the terms of this document and the specifications at issue, the terms of this document and the specification at issue shall govern and control.

https://procurement.opengov.com/login https://procurement.opengov.com/login https://cityofwinterpark.org/departments/administration/procurement/

If a Respondent prevails in a protest action, the City of Winter Park’s liability shall be limited to reimbursement of the actual bid costs (as defined in the section above entitled “Proposal Costs”) proven to have been incurred and paid by the Respondent. No other damages, including but not limited to damages for lost profits, lost business opportunity and/or compensatory or consequential damages of any type or special damages of any type shall be due to or recovered by the prevailing vendor in a bid protest, even if the contract is awarded by the City to another Respondent if the bid protester has failed to obtain an injunction against making such award.

Any party responding to a formal solicitation issued by the City that contends that another Respondent is disqualified from bidding for any reason, including the allegation that the other entity is not legally qualified to respond or lacks appropriate visa or citizenship status, may also raise such issue through the means of a protest, and the bid protest shall be handled in the manner specified herein and in accordance with the terms of the Procurement Policy and Florida law applicable to municipal protests.

With respect to any assertion that another Respondent is not legally constituted or lacks proper citizenship or visa status, the protesting party shall offer proof of such fact prior to the award of the contract, and such proof shall be subject to the requirements of admissible evidence under Florida law as determined by the City Attorney during the course of the protest proceedings.

6.17. Agreement

The resulting Agreement or Contract, which shall include these General and Special Conditions, as well as all Amendments or Addenda issued by the City, contains all the terms and conditions agreed upon by all parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement/Contract shall be deemed to exist or to bind either party hereto. All proposed changes must be submitted to the City in writing and approved by the City Manager, Assistant City Manager and/or City Commission in writing prior to taking effect.

6.18. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or Respondent under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Respondent shall provide a Certification of Compliance regarding the Public Crime requirements.

In submitting a proposal to the City of Winter Park, the Respondent offers and agrees that if the proposal is acceptable, the Respondent will convey, sell, assign, or transfer to the City of Winter Park all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Winter Park. At the City of Winter Park’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to Respondent.

6.19. Certificate of Insurance

The Successful Respondent and any subcontractors of the vendor shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City. The City of Winter Park has contracted with myCOI to track and establish insurance compliance with the contract terms. If awarded a contract, the Successful Respondent shall be required to register with myCOI. The Respondent must submit certificates or other documentary evidence to the City via myCOI, attesting to insurance coverage for Workers’ Compensation Insurance as required by the Florida Statutes, Public Liability, Property Damage Insurance, Professional Liability Insurance in the amount of one million dollars ($1,000,000), and other requirements, as summarized on and in the amounts specified on the Summation of Insurance Requirements section.