Professional_Electrical_Underground_Design_and_Engineering_Services.pdf

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 Tuesday, August 19, 2025. Any responses received after said time and date will not be accepted under any circumstances. Official time will be measured by the time stamp from the eProcurement portal, which shall be scrupulously observed. Under no circumstances shall the City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

In accordance with the provisions of Section 287.055, Florida Statutes for Consultants Competitive

Negotiation Act (CCNA), the City of Winter Park is accepting qualification submittals from any firm or individual licensed to perform professional services in the State of Florida with demonstrable professional experience and interest in providing these services to the City of Winter Park.

1.2. Background

This project will involve a system conversion to place all overhead lines, equipment, and lighting conductors underground. The primary focus areas will be equipment placement and transformer loading. Additional related projects or services may also be included on an as-needed basis to support ongoing undergrounding efforts and infrastructure enhancements.

1.3. Contact Information

Rebecca Watt

Contract Agent

401 S Park Ave

Winter Park, FL 32789

Email: rwatt@cityofwinterpark.org

Phone: (407) 599-3315

Department:

Electric Utility

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.

RFQ Issue Date July 2, 2025

Question Submission Deadline August 8, 2025, 2:00pm

Proposals Due to Procurement August 19, 2025, 2:00pm https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark mailto:rwatt@cityofwinterpark.org tel:(407)599-3315

Request For Qualification #RFQ11-25 Title: Professional Electrical Underground Design and Engineering Services

Selection Committee Meeting –

Evaluation and Ranking

September 3, 2025, 1:00pm

City Hall - Chapman Room

401 South Park Avenue

Winter Park, Florida 32789

Final Ranking Meeting September 15, 2025

City Hall - Chapman Room

401 South Park Avenue

Winter Park, Florida 32789

Anticipated Commission Award 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 the City's eProcurement portal by 2:00 pm Tuesday, August 19, 2025. It is the Respondent’s responsibility to ensure that your proposal is submitted to the City's eProcurement portal at the proper time. Proposals that, for any reason, are not so submitted will not be considered. All proposals received after 2:00 pm Tuesday, August 19, 2025 will not be accepted. Under no circumstances will the City be responsible for late proposals or submissions.

All proposals will be electronically opened and acknowledged immediately following the proposal's due date and time.

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 Questionnaire.

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 Tuesday, August 19, 2025, 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.

https://procurement.opengov.com/portal/cityofwinterpark/projects/158735 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/158735/document?section=1444644 https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark

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

3.1. Key Responsibilities

A. System Conversion

1. Remove existing overhead lines, equipment, and lighting conductors.

2. Install underground conduits, cables, transformers, Switchgears and associated equipment.

B. Design and Analysis

1. Redesign underground (UG) distribution system from rear-lot to front-lot configuration.

2. Recalculate electrical loads and determine appropriate transformer sizes.

3. Assess optimal facility locations and reassess underground path feasibility.

4. Perform loop loading analysis to ensure system efficiency and reliability.

C. Project Management & Compliance

1. Budget, Scope, and Schedule Adherence - Ensure all work aligns with the approved project parameters.

2. City compliance - Follow the City of Winter Park's stated procedures and standards.

3. Project Standards - Maintain compliance with Project Procedures and Design Criteria.

D. Reporting & Documentation

1. Meetings (frequencies will be determined by the Project Manager)

a. To meet and discuss new proposals or existing designs and find areas for opportunities.

b. To group or create new loops.

c. Resolve issues and give recommendations.

d. Feedback and request to reconfigure the loop or design if necessary.

2. Monthly Invoicing

a. Summarize deliverable status, schedule progress, and incurred costs.

3. Progress Reporting

a. Provide a summary of work performed during the billing period.

b. Address any encountered problems, risks, or trends.

c. Identify delays and outline corrective actions being taken.

3.2. Deliverables

A. Detailed underground system design and configuration.

B. Load recalculations and transformer sizing reports.

C. Facility location assessments and revised underground path plans.

D. Loop loading analysis and recommendations.

E. Monthly invoices and progress reports.

3.3. Additional Services as Needed

The selected firm(s) may be requested to provide additional related professional services, on an as-needed basis, to support all undergrounding efforts and associated infrastructure improvements beyond the primary areas of focus.

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.

Further, each response will be evaluated for full compliance with the RFQ instructions and the terms and conditions set forth within the RFQ document. 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.

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, 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.

M/WBE Utilization shall be graded in accordance with the following (State-issued certification required): Respondent’s DBE certification = 5, Respondent’s subcontractor DBE certification = 3, no

DBE certification = 1.

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, forms verification, professional licensing, references, past performance, and other relevant criteria and review of the MBE and Local preference, 0 if applicable.

4.4. Selection Process

The selection process is as follows:

A. The selection committee will evaluate all responses determined to be responsive.

B. The selection committee will then rank the responses of those firms based on their submittals, emphasizing City needs and following Florida Statutes Section 287.055, known as the

Consultants Competitive Negotiations Act, to determine a shortlist and move forward to oral presentations (Phase 2) for further evaluation by the Committee.

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C. After formal presentations/interviews with the shortlisted firms, a post-presentation/interview ranking will determine the top-ranked firm.

D. The Procurement Division will prepare an agenda item for the award recommendation to the

City Commission.

E. 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.

F. The City and the 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. Formal Presentations/Interviews

The City shall conduct formal presentations/interviews with three (3) or more of the shortlisted firms.

Formal presentations/interviews will be held in accordance with F.S. 286.0113 and will adhere to the following guidelines:

A. The City’s Procurement Division will establish the schedule, and shortlisted Respondents will be notified at least five (5) calendar days in advance of the date, time, and place of the presentation/interview. The specific format of each presentation/interview will be provided to the shortlisted Respondents with the notifications.

B. The City will allot equal time for each shortlisted Respondent; however, each shortlisted

Respondent may be asked differing questions.

C. Formal presentations/interviews will provide an opportunity for the shortlisted Respondents to demonstrate their ability to use time efficiently, effectively, and economically. The times allotted are maximums, and no firm will be penalized for using less than the allotted time.

4.6. Presentation Scoring and Final Ranking

In the event that the Selection Committee previously elected to short-list Respondent, any rankings or scores assigned as part of the short-listing process shall not be binding on the Selection Committee or its members as part of final evaluation and Selection

Committee members may modify their scores for any and all Respondent and scoring categories as they deem appropriate in their sole discretion.

4.7. 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.

Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience

Respondents are evaluated based on their experience on similar projects, the quality of those projects, the schedule, problems encountered, and the means to solve them.

0-5 Points 25 (25% of Total)

2. Key Project Personnel

Respondents are evaluated based on the qualifications and relevant experience of the key personnel and consultants proposed for the project.

This includes relevant knowledge and experience on similar projects that will translate into the successful execution of the project.

0-5 Points 25 (25% of Total)

3. Professional Contacts

Respondents are evaluated based on how relevant the projects are to this

RFQ.

0-5 Points 15 (15% of Total)

4. Project Delivery and Approach

Respondents are evaluated based on the team organization, understanding of the scope of work, project management and communication plan, and ability to meet budget and provide services in a timely manner.

0-5 Points 30 (30% of Total)

5. DBE Utilization

A current certificate issued by the

State of Florida is included with the submitted materials.

0-5 Points 5 (5% of Total)

Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Workload Management

Respondents will be evaluated based on their firm's projected workloads.

0-5 Points 30 (30% of Total)

2. Quality of Engagement

Respondents will be evaluated based on their ability to engage and respond effectively to the committee's questions and comments.

0-5 Points 20 (20% of Total)

3. Innovation & Problem Solving

Respondents are evaluated on their past instances where cost savings, value engineering capabilities, efficiency improvements, or technical challenges were successfully addressed.

0-5 Points 25 (25% of Total)

4. Past Performance and Project

Outcomes

Respondents are evaluated on the successful completion of comparable projects, adherence to project schedules

(including records or early, on-time, or delayed completions), and the overall quality of completed work.

0-5 Points 25 (25% 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) business days prior to the opening date and time of the proposal.

6.2. 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.

6.3. Contract Term

Unless otherwise agreed in a written document approved and signed by the City, the contract shall be in effect for twelve (12) consecutive months from the date the Mayor or other authorized signer signs the contract on behalf of the City.

There shall be the option of renewal for a possible second, third, fourth, and fifth 12-month period, not to exceed sixty (60) months in total, after written consent of both parties and approval by the City

Commission or City Manager. Approximately forty-five (45) days prior to the expiration of the initial contract period, the Successful Respondent will be notified by the City if it seeks an extension. To be effective and enforceable, any changes in the scope of services or prices intended to apply in a renewal or extension period must be presented by City staff to the City Commission for approval or rejection.

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

6.4. 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).

6.5. 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.

6.6. Taxes

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

8012621708C-8.

6.7. 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.

6.8. 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.

6.9. 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 (1) Respondent. The City reserves the right to demand additional information or clarification with respect to any proposal or submission from one (1) 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.

6.10. 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.

6.11. 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.

6.12. 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 Requirements & Acknowledgement.

6.13. 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.

6.14. 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.

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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.

6.15. 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.

6.16. 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.

6.17. 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. The Successful Respondent shall not commence work under any agreement until obtaining all insurance coverage under this section and until the City has approved such insurance.

The City of Winter Park shall be included as an ADDITIONAL INSURED on all certificates and policies pertaining to this project, except for Workers’ Compensation and Professional Liability Insurance policies. Insurance companies must be licensed to do business in the State of Florida with a Best’s

Key Rating Guide rate of no less than “A”. This information will be verified at the City’s discretion, and it may be grounds for disqualification if the information is not in order.

6.18. Licenses, Permits and/or Fees

It shall be the responsibility of the successful Respondent to obtain all licenses and permits, as required, to complete this service at no additional cost to the City. Permits and the payment of related fees are required from the City within the scope of work in these specifications. Said fees paid for required building permits may be reduced by thirty-three percent (33%) for the City only. Fees paid for trade permits, including plumbing, electrical, gas, mechanical, and demolition permits, cannot be waived. The successful Respondent is required to obtain the permits; however, the successful

Respondent may inform the Building Division they are under contract with the City and request a reduction of the required fees as referenced above.

Payment of these fees does not relieve the successful Respondent from the financial responsibilities or other requirements imposed by other governmental agencies relating to permits, licenses, or fees that they may impose. This does not include waiving school impact fees or Competency Card License fees when applicable.

The successful Respondent is required to obtain all necessary inspections, including building, plumbing, mechanical, and electrical inspections, and the Certificate of Occupancy must be obtained prior to occupancy as is required by the Winter Park Building Division.

All other related Land Development Code requirements related to building projects must be observed, including, but not limited to, landscape, irrigation, lighting, and stormwater provisions. All required licenses and permits shall be disclosed by a true and correct copy thereof upon submission of the proposal and thereafter, shall be readily available for review by the City (reference to the “City” herein shall also mean any official or employee of the City acting in proper authority on behalf of the City.)

6.19. Termination/Cancellation of Contract

The City reserves the right to cancel the contract at any time, without cause and without penalty, with a minimum of thirty (30) days' written notice.

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Termination or cancellation of the contract will not relieve the Respondent of any obligations for any deliveries entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., that are required and not received.)

Termination or cancellation of the contract will not relieve the Respondent of any obligations or liabilities resulting from any acts committed by the Successful Respondent prior to the termination of the contract.

6.20. Termination for Default

The City’s Procurement Division shall notify, in writing, the Respondent of deficiencies or default in the performance of its duties under the Contract, via email or otherwise, to the address provided by the Successful Respondent in its proposal.

Three (3) separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default unless specified elsewhere in the solicitation, whether or not the Respondent has received notice of those instances of deficiency. It shall be at the City’s sole discretion whether to exercise the right to terminate.

Respondent shall not be found in default for events arising due to reasons classifiable under the category of Force Majeure.

6.21. Termination for City’s Convenience

The performance of work under this contract may be terminated in accordance with this clause in whole or from the time in part whenever a City representative shall determine that such termination is in the best interest of the City. Any such termination shall be communicated by the delivery via email or otherwise to the address provided by Successful Respondent in its response to a Notice of

Termination specifying the extent to which the performance of work under the contract is terminated and the date upon which such termination becomes effective. Upon such termination for convenience, Successful Respondent shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date, and the City shall have no other obligations to Successful

Respondent.

Successful Respondent shall be obligated to continue the performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date.

6.22. Drug-Free Workplace

The Successful Respondent, its employees, subcontractors, and its employees are prohibited from unlawful drug or alcohol possession and the use, manufacture, or dispensation of controlled substances while at work and while traveling to or from work. If any employee reports to work under the influence of alcohol or drugs, the employee shall be immediately removed from the City premises by the Respondent. The Successful Respondent will be held responsible for any damages, loss, or extra expenses caused by delays incurred by such actions. The Respondent shall certify that the firm has a drug-free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification shall result in the rejection/disqualification of the bid. See Drug-Free

Workplace Acknowledgment in the Vendor Requirements & Acknowledgement section.

https://procurement.opengov.com/portal/cityofwinterpark/projects/158735/document?section=1444644

6.23. Indemnification

The Successful Respondent shall be required to provide certain indemnifications in favor of the City and its employees and elected and appointed officials and officers in substantially the following form:

Successful Respondent agrees to indemnify and hold harmless the City, its employees, and elected and appointed officials and officers from all claims, judgments, damages, losses, and expenses, including reasonable attorneys’ fees, experts’ fees, and litigation costs incurred at all trial and appellate levels with attorneys and experts selected by the City, arising out of or resulting from the performance or nonperformance of the work or services provided within the scope of this Agreement to the extent caused in whole or part by any negligence, recklessness, or intentional wrongful misconduct of the

Successful Respondent or persons employed or utilized by the Successful Respondent in the performance of any services or work rendered under this Agreement. If the type of services or work being performed under this Agreement requires a maximum monetary limit of indemnification under the general law, then the maximum monetary limit under this section and other indemnifications contained within this Agreement shall be two million dollars ($2,000,000) per occurrence, which the

City and Successful Respondent agree bears a commercially reasonable relationship to this Agreement;

otherwise, there is no maximum limit of indemnification.

Successful Respondent shall indemnify and hold harmless the City from and against any and all claims against the City, or any of its officials, officers, and employees, by any employee of the Successful

Respondent or of any subcontractor arising out of or concerning the services or work performed under the Agreement between the City and the Successful Respondent. The indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Successful Respondent or any subcontractor under any Workers’ Compensation Act, Disability Benefit Act, or other Employee Benefit Act.

In the event these indemnification provisions or any other indemnification provision of the Agreement is deemed inconsistent with any statutory provision or common law principle, such indemnification provisions shall be severable and survive to the greatest extent possible to protect the City and the

City’s employees and elected and appointed officials and officers under Florida law.

The required indemnifications shall survive the termination, cancellation, or expiration of the

Agreement and shall not be limited by reason of any insurance coverage.

6.24. Accidents & Claims

The Successful Respondent shall be held responsible for all accidents and shall indemnify, hold harmless, and protect the City from all suits, claims, and actions brought against the City or its officials, representatives, agents, officers, and employees, and all costs, damages, or liabilities to which the

City or its officials, representatives, agents, officers, and employees may be put or exposed, for any injury or alleged injury to the person(s) or property(s) of another resulting from negligence or carelessness in the performance of the work, or in the protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work, or otherwise related to the project. See Summation of Insurance Requirements.

6.25. Laws & Regulations

The Successful Respondent at all times shall be familiar with and observe and comply with all Federal, State, Local, and Municipal laws, codes, ordinances, rules, and regulations which in any manner may apply and those which may be enacted later or bodies or tribunals having jurisdiction or authority over https://procurement.opengov.com/portal/cityofwinterpark/projects/158735/document?section=undefined the work, and shall indemnify and save harmless the City against any claims or liability arising from, or based on, the violation of any such law, ordinance, rule, code, regulation, order, patent infringements, or decrees.

The Successful Respondent is assumed to have made itself familiar with all Federal, State, Local, and

Municipal laws, codes, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in or upon the work, or in any way affect the work or services. No plea of misunderstanding will be considered an excuse for the ignorance thereof.

In the event of any litigation or claim between a Respondent on this RFQ and the City, including but not limited to any claim or litigation related to an agreement resulting from this bid process, or any other type of dispute related to this RFQ, the venue shall be in Orange County, Florida, where all laws, regulations, ordinances, codes, and rules of Florida and the City shall be used in the adjudication.

All responses, questions, and conversations are…