RFQ-23-41 S Lk Howard Nature Park Expansion.pdf

Office of Procurement

July 25, 2023

REQUEST FOR QUALIFICATIONS

RFQ-23-41

Sealed responses will be received by the City of Winter Haven until 2:00 P.M., August 28, 2023, at our online solicitation platform, for the following:

Design Build Services – South Lake Howard Nature Park Expansion

A public bid opening will be held immediately following the 2:00 deadline via Zoom at the following link:

https://us06web.zoom.us/j/89782610493?pwd=Y2U0Y0NneTZQOWEzdE0rZWtXU1pzQT09

The City is requesting responses from those qualified firms with previous experience in this type of work. Firms submitting responses shall provide evidence of their experience and expertise in similar work performed.

Public Records – It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency / Fla. Statute

– 119.01(1). (Do not submit any documents that you do not want to be made public).

Questions concerning this bid must be submitted on or before 2:00 p.m., August 17, 2023, to Andy Palmer apalmer@mywinterhaven.com Questions received after this time may not be answered.

The responses shall be furnished in accordance with the RFQ, requirements, and any other documents prepared for this bid. W-9 should be attached to the bid when returned by the responding vendor. Payment will be rendered to the name and ID appearing on the W-9.

THIS SOLICITATION WILL FOLLOW THE REQUIREMENTS OF FLORIDA STATUTE 287.055 TERMED THE “CONSULTANTS’ COMPETITIVE NEGOTIATIONS ACT (CCNA)”. IN COMPLIANCE WITH THE FLORIDA CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA), (CHAPTER 287), RATES SHALL NOT BE

INCLUDED IN THIS PROPOSAL.

The City of Winter Haven reserves the right to reject any and all responses, to waive informalities, to re-advertise, and to enter into a contract determined to be in its best interest, in accordance with the documents referenced herein above.

Sincerely, CITY OF WINTER HAVEN

Bethany Owen Bethany Owen

Procurement Manager https://us06web.zoom.us/j/89782610493?pwd=Y2U0Y0NneTZQOWEzdE0rZWtXU1pzQT09 mailto:apalmer@mywinterhaven.com

LEGAL ADVERTISEMENT

RFQ-23-41

The City of Winter Haven will receive Sealed Bids until 2:00 P.M. August 28, 2023 for:

Design Build Services – South Lake Howard Nature Park Expansion

Prospective bidders may obtain copies of the Invitation to Bid from the following website:

https://app.negometrix.com/buyer/690

Advertise: July 26

City of Winter Haven

Design Build Services for South Lake Howard Nature Park Expansion

PROJECT No. RFQ–23-41

1.0 INTRODUCTION

1.1 The City of Winter Haven (CITY) is interested in receiving qualifications from experienced design-build teams for the delivery and furnishing of all necessary materials, labor, equipment, and professional services for the design and construction of “South Lake Howard Nature Park Expansion”. The estimated commencement for the project (design) is anticipated to start by mid-2023 and Construction will commence immediately upon agreement on the design, Guaranteed Maximum Price and grant timing.

1.2 The project information included in this RFQ Submittal is preliminary in nature. There is no work guaranteed as a result of being shortlisted or top-ranked through this solicitation.

1.3 All interested Proposers shall be required to comply with Florida Statute 287.055, Design-Build requirements.

2.0 BACKGROUND

2.1 The City of Winter Haven completed South Lake Howard Nature Park (SLHNP) in April, 2001. The park features several stormwater ponds that were designed to provide treatment for stormwater/runoff before it discharges into Lake Howard. The park was developed around the stormwater components and includes a loop trail system, boardwalks, educational signage, site amenities, restrooms and picnic areas. This has become one of the City's most popular parks and trails. The park also serves as a natural habitat for migrating birds and other animals.

As part of the City's long-term trail and park planning, an adjacent 8.06-acre parcel was purchased in 2021 to expand the stormwater system, trail system and park. The subject parcel housed a local radio station including a building and broadcast antenna.

The antenna has since been removed from the site, however, some underground wiring and cement footers remain. The 2,341 sq-ft building remains on-site. The parcel is uniquely situated between the existing park, adjacent roadways and neighborhoods, and is comprised of both upland and wetland habitats.

This project is designed to make both stormwater and recreational improvements to the above referenced parcel and other adjoining City-owned and controlled parcels and right-of-ways. These improvements will be geared towards affecting water quality improvements to Lake Howard, providing recreational and educational opportunities to park users, and fulfilling requirements of current and future project grants.

2.2 The CITY has tentatively opted to use the “Qualifications-Based Selection” Design-Build process for the delivery of design services and construction services for this project.

For information, the Design Criteria Package is included with this request.

2.3 The CITY proposes to select a highly qualified Design-Build team for the design and construction of the project. The selected firm should be willing and able to provide reasonable proposals within short time frames and should be prepared to commence and complete the work in accordance with the City’s required schedule.

2.4 Project Location

The project site is located within Section 30, Township 28, Range 26, Winter Haven, Polk County, Florida. Most improvements are anticipated to be made on the primary (8.06 acre) parcel that adjoins SLHNP. However, some improvements may be made to surrounding parcels, including the existing and future City-owned parcels and right-of-ways. (See Attachments B & C)

Primary Expansion Parcel: 262830000000023020 Existing Park Parcels: 262830000000023010 262830000000023040 262830000000042010 262830000000023030

2.5 Project Description

The primary scope of this design/build project is to expand the stormwater and recreational components at existing South Lake Howard Nature Park (SLHNP) to encompass an adjoining 8.06-acre parcel that was recently purchased by the City of Winter Haven.

Desired improvements to the parcel(s) are divided into four phases which may or may not occur simultaneously. The City reserves the right to determine the order and timing of each phase:

1) Phase 1. Environmental Improvements: Design and build new infrastructure to enable the decommissioning of a nearby elliptical stormwater pipe that discharges into Lake Howard. This infrastructure should feature connectivity to the existing stormwater system at SLHNP and be designed to reduce the discharge of phosphorus, nitrogen, and solids into Lake Howard. These may include but are not limited to:

a. Raingardens

b. Bio-swales

c. Pervious pavement

d. Rainwater cisterns

e. Functional wetlands

f. Bioreactors

g. Other low impact development (LID) methods and features

2) Phase 2. Recreational Improvements: Design and build recreational elements with connectivity to SLHNP and compatibility with the environmental improvements conducted on-site. These recreational elements should complement the natural resource elements of the park. These may include but are not limited to:

a. Outdoor classroom

b. New fishing pier

c. Trailhead/parking area

d. Playground

e. Kayak launch/boating facilities

f. Exercise trail

g. Disc golf

h. Nature trail

i. Picnic area

j. Educational signage

k. Transformation of existing building into offices/education center

l. Site amenities and landscaping

*** Phase 2 elements are described as per the requirements of the Florida Recreation Development Assistance Program grant. While the City does have flexibility through the design process to the layout of these, it will be important to ensure that these elements are included. ***

3) Phase 3. Architectural Component: Examination of the former “Radio Station

Building” located on the project property and determination of feasibility for turning the location into office spaces/educational center. The successful Design Build Team will first work with the City Team on potential uses/layouts & cost estimates for renovation of the building. Once a specific concept and budget is determined for Phase 3, the Design Build Team should design and construct the necessary improvements for the building based on the approved concept plan.

Based on the best course of action determined by the City and Design Build Team, the design and construction component may or may not run concurrently with Phases I and II.

4) Phase 4. Connections & Offsite Improvements. The City may elect to construct connecting storm water, pedestrian and vehicular infrastructure improvements as part of phase 4 which connect to and through the subject site.

2.6 Additional Scope Items

• Public Involvement: This project will require various periods of public involvement.

The project site is located at SLHNP, which is used by active and vocal community members with a vested interest in the outcome of this project. The DB Team is expected to work with City Staff to hold a series of engaging open houses, design charrettes and informational meetings throughout the design process.

• It will be the contractor’s job to perform all work necessary to complete this job. This will include all survey work (City to provide as-builts from previous projects); all engineering; drawings; cost estimates; permitting; and work.

• Contractor team should be expected to identify all necessary onsite infrastructure upgrades if necessary including water, sewer, stormwater, power, fiber, etc… These upgrades and costs should be incorporated into the overall project.

• At a minimum, the DB team shall include a general contractor, engineering/survey team and landscape architects. All disciplines including the GC should have previous experience with park building and stormwater design.

• Schedule – Concept plan work should be completed no later than the end of 2023 with construction anticipated to commence by Spring 2024.

• As practical and applicable with the project, the team should take into account appropriate elements of Community and City Planning Efforts including but not limited to the; One Water Master Plan; 2011 Pedestrian Infrastructure Master Plan;

Age Friendly Winter Haven Plan; SMART City Initiatives, etc…

• The project is located adjacent to a CSX Railway. The City wishes to celebrate the history of railroad and its significance to this community. It is the desire of the City in collaboration with the successful design build team to creatively incorporate railroad theming and history into elements of this project.

Project Cost Estimate and Design and Construction Schedule

• The current allocated funds for design and construction of this project are approximately $1.30 Million US dollars. Design is anticipated to commence in 2023 followed by construction in late 2023. The project will partially be funded through grant funding. Specific components and phases are tied to various grants. Phase I Environmental Components will be partially funded through the Heartland Headwaters Protection and Sustainability Act. Phase 2 Recreational Components is partially funded through a Florida Recreational Development Assistance Program Grant. The successful Design Build Team will be required to assist the City in necessary compliance, reporting and other management aspects of grants as they relate to the project.

3.0 RFQ PROCESS

3.1 The selection process will involve a staged proposal review to minimize Proposers’ costs in preparing initial qualification proposals and expedite the review process.

Interested Proposers will initially submit a written qualifications proposal (in response to this RFQ Submittal) which will be the basis for ranking.

3.2 The CITY will use a Professional Services Committee (PSC) for recommendations in the design-build selection process. The PSC will consist of the following members or their designee:

1) Dustin Everitt, Natural Resources Manager

2) Andy Palmer, Park Planning & Strategic Initiatives Manager

3) Julie Adams, Parks, Recreation and Culture Director

4) Brittany Hart, Interim Public Works Department Director

5) Amin Hanhan, City Engineer

6) Sean Byers, Planning Manager

7) Nathaniel J. Birdsong, Jr., City Commission Liaison

3.3 The intent of the qualifications proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing, organizational structure, understanding of the project, and approach to completing the proposed project.

3.4 If determined to be necessary by the PSC, based upon a review of these qualification proposals, a minimum of the top three ranked teams/firms may be requested to make oral presentations to the PSC regarding their qualifications, approach to the project, and ability to furnish the required services. If written submittals and rankings are satisfactory to the PSC, the City reserves the right to make a recommendation for award solely based on the written responses and rankings.

3.5 After review of the proposals, rankings and oral presentations if deemed necessary, the PSC will recommend the list of the ranked Proposers and submit its recommendations to the City Manager. The City Manager should then finalize the ranking and publish same in accordance with applicable City and State procurement requirements.

Thereafter as the City Manager deems appropriate, he will submit his recommendation as to the rankings to the City Commission for their review and approval/award. After City Commission approval/award of the rankings, the City Manager or his designee will engage in competitive negotiation with the top-ranked firm/team in order to negotiate an Agreement in good faith, (i.e. establish terms of the work, the guaranteed maximum price for the work and the guaranteed dates of substantial and final completion) and then make and submit said Agreement to the City Commission for review and approval.

3.6 If in the sole judgment of the CITY, a contract cannot be successfully negotiated with the City Commission’s top-ranked firm, negotiations with that firm will be formally terminated and negotiations should begin with the City Commission’s second-ranked firm. If a contract cannot be successfully negotiated with the City Commission’s second-ranked firm, negotiations with that firm will be formally terminated and negotiations should begin with the City Commission’s third-ranked firm. The CITY reserves the right to negotiate any element of the proposal and terms in the best interest of the CITY.

3.7 Firms (including shortlisted firms) will not receive any stipends or compensation for their proposals provided under this solicitation.

4.0 INSTRUCTIONS FOR SUBMISSION OF QUALIFICATION PROPOSALS

4.1 Firms interested in the above project should submit a Statement of Qualification (SOQ) which includes a cover letter and detailed qualifications for the scope of work of approximately 20 pages in length (excluding resumes). Brevity is encouraged.

Resumes for Key team members, organizational chart and City forms should be incorporated as an appendix.

5.0 RATING SYSTEM FOR DEVELOPMENT OF SHORT-LIST

For the development of rankings, a rating system will be utilized by the CITY’S PSC to score and rank each proposal. Proposers are encouraged to keep their qualification proposals concise and to include a minimum of marketing materials. At a minimum, each Proposal should address the following criteria:

Maximum Points

1. General Information 5 Points

2. Experience and Qualifications of Firm/Team 30 Points

3. Experience of Key Personnel to be assigned to this Project 30 Points

4. Understanding of the Project and Approach to Performing the Required Services 15 Points

5. Intent/Capacity to affect the local economy through the use of local labor, vendors, sub-contracts, and resources 10 Points

6. Organizational Resources 10 Points TOTAL POSSIBLE POINTS 100 Points

Each criterion is further described below. Proposers should provide responses and information sufficient for evaluation under the pertinent rating system described below. The CITY reserves the right to request additional information from Proposers subsequent to the receipt of proposals.

5.1 General Information (5 Points):

5.1.1 Provide a general description of the firm and/or team that is proposing to provide design build services. Explain the legal organization of the proposed firm or team.

5.1.2 List the Florida professional (Landscape Architect, Engineer, General Contractor, etc.)

and applicable licenses held by the firm/team and the key personnel who will be assigned to this project. Each prime consultant/contractor should be listed. All primary members of the DB Team including landscape architect, architect (if applicable), engineering and GC should have previous experience with similar projects.

5.2 Experience and Qualifications of the Firm/Team (30 Points):

5.2.1 Identify at least three comparable projects in which the firm served as either Construction Manager at Risk, agency Construction Manager during design and construction periods (without providing construction services), Design Builder or General Contractor. Special consideration will be given to firms that have provided Construction Manager at Risk or Design Build services on similar successful projects.

Please note that each primary member of the DB Team should have previous experience with similar projects.

For each project identified, provide the following:

a. Description of project including initial budget and timeline.

b. Role of firm (specify whether Construction Manager at Risk, Construction Manager, Design-Builder or General Contractor). If Construction Manager at Risk, Design Builder or General Contractor, identify percentage of work self-performed. Also specify services provided during design period (i.e. cost estimating, scheduling, value engineering, etc.).

c. Project’s final construction cost.

d. Construction completion date.

e. Project owner.

f. Reference information, per project (one current contact name and title with telephone number, fax number and e-mail address).

5.3 Experience of key personnel to be assigned to this project (30 points):

5.3.1 Provide an organization chart showing key personnel that will be associated with this project. Include a resume for each key person identified.

5.3.2 List any proposed Design Builders, including key staff names and the experience and qualifications of these individuals.

5.4 Understanding the project and approach to performing the required services (15 points):

5.4.1 Describe your firm’s project management approach and team organization during design and construction services. Describe systems used for planning, scheduling, estimating and managing construction. Describe the firms approach to customer communication throughout the project. Briefly describe the firm’s experience on quality control, dispute resolution, and safety management.

5.4.2 Discuss the major challenges your team has identified on this project and how you intend to address those issues.

5.5 Intent/Capacity to affect the local economy through use of local labor, etc. (10 points):

5.5.1 The City desires strong local participation on this project. Describe your firm’s approach to maximize utilization of local resources, to include as minimum, local suppliers, equipment providers, subcontractors, and laborers. Identify the location of the firm’s principal office and the home office location of key staff on this project. Identify local (i.e. presently living or relocating to the area) vs. non-local staffing of your team, and the percent of your work expected to be done locally.

5.6 Organizational resources (10 points):

5.6.1 As part of the evaluation process, the City has the responsibility of taking into account the size and complexity of the project under construction and be assured that the Design Builder has the organizational and financial resources required to successfully deliver this project. Please describe your operational stability, corporate financial resources, bonding capacity and insurance limits.

5.6.2 Identify any contract or subcontract held by the firm or officers of the firm, which has been terminated within the last five years. Identify any claims arising from a contract, which resulted in litigation or arbitration within the last three years. Briefly describe the circumstances and the outcomes.

6.0 RISK

6.1 Proposers responding to this Request for Qualifications do so at their sole expense and risk. Subsequent to the issuance of this Request for Qualifications, the CITY reserves the right to:

• Make changes to the RFQ;

• Cancel this RFQ;

• Request clarifications;

• Negotiate modifications to proposals;

• Reject any and all proposals for any reason whatsoever; and

• Proceed with alternative project delivery methods if so desired by the City.

No Proposer is guaranteed the award of an Agreement or any work as a result of being selected or ranked for this project.

7.0 CLARIFICATIONS AND ADDITIONAL INFORMATION

7.1 The City reserves the right to request clarifications or additional information from any

Proposer. Specific questions may be addressed to each of the Proposers and the Professional Services Committee may consider any further elaboration by the Proposers of any information previously submitted.

8.0 CONTACT WITH CITY OFFICIALS AND EMPLOYEES

8.1 All firms interested in this project (including the firm’s employees, representatives, agents, lobbyists, attorneys, and sub-consultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Professional Services Committee, the Mayor, Commissioners, City Manager’s Office, Department Heads and other staff. This policy is intended to create a level playing field for all potential firms, assure the contract decisions are made in public and to protect the integrity of the selection process.

9.0 PARTNERSHIP / CORPORATIONS / AGENTS

9.1 When a Proposer is a partnership or joint venture, the Proposal should be signed in the name of the partnership or joint venture and by all persons or entities required to do so under the terms of their partnership or joint venture agreement. Any existing written underlying partnership or joint venture agreements should be included as part of the proposal.

9.2 When a Proposer is a corporation, the authorized corporate officer signing the Proposal should set out the corporate name in full beneath which said officer should sign his/her name and give title of his/her office. The Proposal should also bear the seal of the corporation.

9.3 Anyone signing the Proposal as officer or other agent should file with it legal evidence of the authority to do so. Proposers who are or include corporations or limited partnerships should furnish a duly executed certificate of status from the Florida Department of State.

9.4 The person(s) signing each Proposal should certify under oath on the attached Certification form (Attachment A) that the information contained in the Proposal is true and accurate. Each Proposer understands, by submitting a Proposal that the Professional Services Committee will rely in part on such certification in selecting the short-listed firms.

9.5 Failure to submit documents requested above with the proposal or within 24 hours of request made by the CITY may be the basis for rejection of the Proposal. Such documents must be effective as of the date of the proposal.

9.6 Short-listed Proposers will be required to show evidence of having filed with the State of Florida for registration of their Design-Build entity within 15 days of announcement of the short list.

10.0 CHANGES IN PROPOSER ENTITY/TEAM

10.1 The Proposer is responsible to promptly notify the City as to any change in the information in its submitted proposal. Failure to inform the City within 24 hours of occurrence of a change may result in removal of the Proposer from consideration for the project.

10.2 Any changes to a Proposer entity after it has submitted its proposal may result in removal of the Proposer from consideration for the Project. Any additions, deletions or substitutions in a Proposer’s team after it has submitted its proposal require a showing of good cause and should be clearly identified by the Proposer; and the reasons for the changes should be provided.

10.3 Decreases in scoring may result from the reconsideration of changes in the project team. No increases in scoring will result from the reconsideration of changes in the project team.

11.0 ASSIGNMENT OR TRANSFER

11.1 The selected Proposer should be prohibited from assigning, transferring, conveying, subletting or otherwise disposing of its responsibilities under the Agreement, or its rights, title or interest therein or its power to execute such Agreement to any person, company, corporation or partnership without prior written notice and consent and approval of the City. The City of Winter Haven has sole discretion whether or not to consent to any contemplated assignment.

12.0 REQUEST FOR INFORMATION / CLARIFICATION

12.1 Any firm requesting additional information and/or clarification relating to this project should direct such request to:

Andy Palmer Parks Planning & Strategic Initiatives Manager City of Winter Haven Parks, Recreation, and Culture Department apalmer@mywinterhaven.com mailto:apalmer@mywinterhaven.com

13.0 REQUIRED INDEMNIFICATION

13.1 The DESIGN BUILDER shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the DESIGN BUILDER and other persons employed or utilized by the DESIGN BUILDER in the performance of the contract.

14.0 PUBLIC RECORDS

15.1 Pursuant to F.S. §119.071(1)(b)1. a., sealed responses to this RFQ are exempt from the public inspection and copying requirements of Chapter 119, Florida Statutes until such time as the announcement of a decision based on the qualification proposals or within 30 days after proposal opening date, whichever is earlier.

CITY OF WINTER HAVEN - TERMS AND CONDITIONS - GENERAL PROVISION CLAUSES

(06/16/2023 constr)

1) GENERAL CONDITIONS:

a) Bidders are required to submit their proposals subject to and upon the following express conditions:

b) Bidders shall thoroughly examine the specifications, instructions, all other Contract Documents, visit the site of this project (if applicable) and fully acquaint itself, at its own risk, with all conditions which may affect completion of this project and/or delivery of bid items. Prospective Bidders, subcontractors and suppliers are encouraged to attend a pre-bid conference and site visit if announced in the advertisement for bid and/or included in specifications. Work areas to be examined during the site visit may contain hazardous materials or conditions. Attendees should review the information and safety precautions set forth in the Bid Documents to determine for themselves appropriate protective clothing or equipment.

Attendees further agree to indemnify and hold the City of Winter Haven harmless from any and all claims of personal injury arising from their participation in the site visit.

c) These Terms and Conditions and any contract documents related hereto are subject and subordinate to any existing or future state, federal, or local law, regulation, or written policy, which may be applicable hereto, including any applicable building codes.

d) PUBLIC RECORDS

City and Consultant/Contractor agree that Consultant/Contractor shall comply with Florida’s public records laws to specifically include the following:

Public Records. Consultant/Contractor agrees to:

i) Keep and maintain public records required by the public agency to perform the service.

ii) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

iii) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant/Contractor does not transfer the records to the public agency.

iv) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Consultant/Contractor or keep and maintain public records required by the public agency to perform the service. If the Consultant/Contractor transfers all public records to the public agency upon completion of the contract, the Consultant/Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant/Contractor keeps and maintains public records upon completion of the contract, the Consultant/Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

e) IF THE CONSULTANT/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S/CONTRACTOR'S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY’S

CUSTODIAN OF PUBLIC RECORDS AT 863-291-5600, records@mywinterhaven.com; 451 THIRD

ST NW, WINTER HAVEN, FLORIDA 33881.

If the Consultant does not comply with a public records request, City shall enforce the contract provisions which may include immediate termination of contract.

mailto:records@mywinterhaven.com

f) It shall be understood and agreed that by the submission of a proposal, the Bidder, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers, or agents from any and all damages that may, at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright of any person or persons, association, or corporation, as the result of the use of such articles by the City, or any of its officers, agents, or employees, and of which articles the Contractor is not the patentee, assignee, licensee, or lawfully entitled to sell same.

g) It is the intent of the City of Winter Haven that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise Procurement at the address noted in the solicitation, if any language, requirements, etc. inadvertently limits the requirements stated in this Invitation to Bid to a single source. Such notification must be received in writing by Procurement not later than ten (l0) days prior to the bid opening date.

h) Bidders must possess any applicable business, contractor, or occupational licenses at the time of submission of the Bid. The City may request proof of such licensure. Bidders shall also obtain all permits required for this project.

i) The City shall be entitled to rely on the written representations of the Bidder. No claims shall be paid by the City unless in writing and approved by the City. Additionally, sovereign immunity is not waived as to any verbal representations or comments made by the City.

j) Unless detailed elsewhere in the bid documents, proof of insurance naming the City as an additional insured shall be required of the successful bidder (on any project requiring work, labor, and/or installation on City property) with the following minimum coverage: workers compensation, general liability, and automobile insurance in an amount and form acceptable to the City, with limits of no less than one-million dollars.

2) DEFINITIONS

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:

a) ACCEPTANCE: The Seller shall be bound by the Purchase Order and its terms and conditions when it delivers the goods ordered or renders the services ordered by the City.

b) APPLICABLE LAW: Any contract entered into pursuant to this bid shall be construed in accordance with the laws of the State of Florida. Venue for any action or proceeding concerning this contract shall be in the State Courts of Polk County, Florida.

c) CHANGES: The City, without invalidating the Contract, may order changes, including additions, deletions, or modifications. The Parties recognize that said changes may affect price and time for performance, in which event appropriate adjustments will be considered. All such changes in the work shall be authorized in writing, signed by the City Manager or his designee, or the Procurement Manager in a manner consistent with contract documents. The price and the time for performance may be changed only by Change Order Request. By written instructions to the Contractor, the City may make minor changes in the work which are consistent with the purpose of the work and which do not change the contract price or time for completion. Procurement is to be notified of any proposed changes in: (a) materials used, (b) manufacturing process, or (c) construction. However, changes shall not be binding upon the City unless evidenced by a Change Order Request issued and signed by the Procurement Manager.

d) CITY: The City of Winter Haven, Florida or its authorized representative.

e) CONTRACT: The Contract executed by the City and the Contractor, and shall include all Contract and

Bid Documents.

f) CONTRACTOR: The successful bidder who enters into a Contract with the City to complete the project.

g) DEFAULT: Default in promised delivery of supplies, completion of project, or failure to meet specifications authorizes the City to terminate the Contractor's right to proceed with the order/work by giving the Contractor written notice. The defaulting Contractor may, at the discretion of the City, be charged the increase in costs of obtaining the goods/services elsewhere.

h) DOCUMENTS: The Bid Documents consist of the Invitation to Bid, Terms and Conditions, Construction

Agreement, Contract Bond, Special Provisions, Specifications, Technical Specifications, Proposal and Bid Form, Engineering Plans or Drawings prepared for a project, Addenda issued during the bidding period, and Change Orders issued after the Contract is let.

i) INDEMNIFICATION: As specified in the bid documents.

j) INSPECTION: The goods and services purchased are subject to the inspection and approval of the initiating department. The City reserves the right to reject goods and services which do not conform to provisions of the Purchase Order.

k) INSURANCE: As specified in the bid documents.

l) LIMITATION ON MUNICIPAL INDEMNITY: To the extent that the contract or agreement calls for the City to indemnify any party thereto, the following sentence shall be appended to the indemnity and shall control the indemnity as if set forth therein:

i) “Provided, however, that regardless of whether any such obligations incurred hereunder are based on tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the City of Winter Haven under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to section 768.28, Florida Statutes, as that section existed at the inception of this Contract or Agreement.” Provided further, no waiver of the City’s sovereign immunity is intended to be made herein.

ii) The addition of this language shall not be construed to create City indemnifications where none are expressly made in the terms and conditions of the contract or agreement.

m) ONLINE SOLICITATION: The City utilizes an internet based ONLINE SOLICITATION SYSTEM at www.negometrix.com to post solicitation opportunities.

n) PLATFORM: The City’s internet based online solicitation system is identified as and located at https://app.negometrix.com/buyer/690 (Provider). The Platform is utilized by the City and the Suppliers to:

1) allow Suppliers to register and manage their company records; 2) City posts and issues solicitation packages for Suppliers from inception to award of a solicitation; 3) allows Suppliers to submit a response online, electronically, through the Platform; 4) allows Suppliers to view all public record documents related to the Online Solicitation.

File Uploads - All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Suppliers will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Suppliers will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

o) STATEMENT OF ASSURANCE: No bids submitted shall be considered unless the Bidder warrants that upon execution of a Contract with the City it will:

http://www.negometrix.com/

i) not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, sex, national origin, age, disability, or marital status

ii) will submit such reports as the City may thereafter require to assure compliance.

p) SUB-CONTRACTOR: An individual, firm, company, corporation, association, society or group which enters into a contract with the Contractor to do a portion of the work on this project.

q) TITLE: The risk of loss of goods covered by the Purchase Order shall remain with the Seller until the goods have been delivered to a designated site and actually received by the City. Any damage to the material and equipment, or loss of any kind, occasioned in transit shall be borne by the Seller.

r) WARRANTY: The Contractor shall not incorporate in the work of a project any materials or equipment subject to a chattel mortgage, a conditional sales contract, or any other agreement permitting a Vendor to retain an interest. The Contractor shall warrant clear title to all materials and equipment incorporated in the work; when the project is completed, the Contractor shall deliver to the City the improvements it has incorporated free of any lien or claim. The provisions of this section shall be included in all contracts with Vendors and Sub-Contractors. Vendors who furnish materials without a formal contract shall be given notice by Contractor that this provision exists.

3) INTERPRETATIONS OR ADDENDA:

a) No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof--to include any error, omission, discrepancy or vagueness. Every request for such an interpretation shall be made in writing to the City Procurement Manager. Any inquiry received prior to the cut-off time and date for questions will be given consideration. Where necessary, interpretations made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of Procurement. In addition, all Addenda will be posted for review by the General Public on the City e-procurement platform: https://app.negometrix.com/buyer/690

b) A notification will be emailed to vendors who are registered for that particular bid on the Mercell platform.

c) The City shall not be responsible for the safe delivery of the Addenda/email notification. It shall be the Bidders' responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether received or not.

4) MANUFACTURER'S NAMES AND APPROVED EQUIVALENTS:

a) Unless specifically set forth in the specifications, any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to unfairly limit competition. The bidder may offer any brand for which they are an authorized representative, which meets or exceeds the specification for any item(s). If bids are based on equivalent products, indicate on the bid form, the manufacturer's name and number. Bidder shall submit with their proposal descriptive literature, and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy the provision. The bidder shall also explain in detail the reasons why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids which do not comply with these requirements are subject to rejection within the discretion of the City.

b) Alternate bids will not be considered unless alternate bids are specifically required by the technical specifications. (For purposes of these Terms and Conditions, Alternate bids shall mean any bid which deviates from the specific type of product; method of construction; or plans specified in the Invitation to Bid.)

5) SAMPLES:

a) Samples of products, when called for, must be furnished free of expense and may, upon request, be returned at the Bidder's expense. Each individual sample must be labeled with Bidder's name, manufacturer's name brand name and number, bid number and item reference. Unsuccessful Bidders can reclaim samples upon payment of postage, delivery, or pick-up charges, if any. Successful Bidder's samples shall remain with the City until performance under the contract has been completed. If forwarding instructions, or pick-up, is not made by Bidder within ninety (90) days of the bid opening, the commodities shall be disposed of by the City.

6) PROTEST PROCEDURES:

The City of Winter Haven encourages prompt and fair handling of all complaints and disputes with the business community. In order to resolve disputed matters in an equitable manner without fear of retribution on the part of a vendor or person, the following shall apply:

a) All formal Invitations To Bid shall include the following statement: “NOTE: THE FAILURE TO FOLLOW

THE BID PROTEST PROCEDURE REQUIREMENTS WITHIN THE TIME FRAMES PRESCRIBED

HEREIN AS ESTABLISHED BY THE CITY OF WINTER HAVEN, FLORIDA, SHALL CONSTITUTE A

WAIVER OF BIDDERS PROTEST AND ANY RESULTING CLAIMS.”

b) RIGHT TO PROTEST: Any aggrieved, actual or prospective bidder in connection with a solicitation or pending award of a bid or contract may protest to the Procurement Manager.

c) NOTIFICATION: Procurement shall post all recommendations of award available for review by the General Public on the City’s e-procurement platform: https://app.negometrix.com/buyer/690. A notification will be emailed to vendors who are registered for that particular bid on the platform.

d) INITIAL NOTICE: Any person adversely affected by an intended decision or action with respect to the initial recommendation of award of any bid or action shall file with the City’s Procurement Manager a written notice of intent to file a protest. For the purpose of computation, the initial notice of intent to file a protest must be received by the Procurement Manager no later than three o’clock (3:00) p.m. on the third (3rd) workday following the e-mailing date of the notice of the initial recommendation of award (excluding Saturdays, Sundays and legal City holidays). In addition, a non-refundable protest bond (the “Bond”) in the amount of one thousand dollars ($1,000.00) in the form of a cashier’s check payable to the City of Winter Haven must be submitted with the initial notice of intent to file a protest. The initial notice of intent to file protest must be in writing and shall state the basis of the protest (recommendation of award protest or other) and clearly indicate that its purpose is to serve as the initial notice of intent to file a protest.

Failure to clearly indicate its intent or failure to provide a Bond shall constitute a waiver of the right to seek any remedy provided under these protest procedures. Upon the timely receipt of an initial notice of intent to file a protest and the required Bond, the Procurement Manager shall toll (put on hold) any further actions related to the recommendation of award (except as noted below). Should the affected party decide to withdraw its initial notice of intent to file a protest during the tolled action the Bond will be refunded in full. This is the only reason the City will refund the Bond other than a finding in favor of the protestor.

i) If during tolled action, the City Manager determines that an Emergency Purchase is necessary, as defined in this Procurement Manual, action may be taken to secure the goods or services.

e) FORMAL NOTICE: Any person who has filed an initial notice of intent to file a protest, as described above, shall file a formal written protest within ten (10) calendar days after the date of the filing of the initial notice of intent to file a protest. Any amendment to the formal written protest shall be in writing and received by the Procurement Manager within ten (10) calendar days of the date of the initial notice of intent to file a protest. No amendments to the protest will be allowed after the ten (10) calendars day period has expired. The formal written protest shall contain the following:

i) City bid number and/or title (if applicable).

ii) Name and/or address of the City department, division or agency affected (if known).

iii) The name and address of the affected party, and the title or position of the person submitting the protest.

iv) A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate.

v) Concise statement of the facts alleged and of the rules, regulations, statutes ordinances and constitutional provisions entitling the affected party to the relief requested.

vi) The statement shall indicate the relief to which the affected party deems himself/herself entitled.

vii) Such other information as the affected party deems to be material to the issue.

f) PROTEST MEETING: The Procurement Manager will notify all parties and schedule a protest meeting.

The protest will be presented to the Protest Committee, which shall be made up of three (3) members consisting of the Assistant to the City Manager or designee who will serve as the Chairperson, the Assistant Director of Financial Services or designee and the Procurement Manager or designee. The City Attorney or designee shall be present and act in an advisory capacity to the Protest Committee. The Protest Committee shall meet with the protesting party within fourteen (14) workdays (excluding Saturdays, Sundays and legal City holidays) of receipt of the formal written protest. The response time may be extended, if necessary. All affected parties will be notified of the location, date and time of the Bid Protest meeting and will be allowed the opportunity to make their presentation to the Bid Protest Committee. The parties may bring a representative if they so choose. The Procurement Manager or designee shall present the background for the protest to the Committee. The purpose of the protest meeting is: 1) to question and review the basis of the protest; 2) to evaluate the facts and merits of the protest and 3) gather information in order to submit a recommendation to the City Manager. The agenda for the protest meeting will be:

i) The User Department will present the background as to why the recommendation for award was made or why the vendor was not selected.

ii) The protesting party or their representative will speak to how they were adversely affected by the decision of the City of Winter Haven.

iii) Any other affected parties or their representative will be given the opportunity for rebuttal and to present any facts that they deem are relevant to the protest.

iv) During the meeting, the Protest Committee may ask questions of all parties as necessary.

g) The Protest Committee will render their recommendation in writing to the City Manager within five (5) workdays of the bid protest meeting. The City Manager may conduct an evidentiary hearing, if there are disputed issues of material fact. The City Manager will conduct a review and make a final written decision within ten (10) workdays after receipt of the recommendation; date of the hearing; or the review, whichever is later. The City Manager’s decision shall be final and binding. No further protests of the action in question will be heard by the City.

h) Any person who is aggrieved by the final and binding decision of the City Manager shall be entitled to a review of the final and binding decision by the 10th Judicial Circuit Court of Polk County, Florida by filing an appropriate petition with the Clerk of the Court within 30 calendar days following the rendering of the City Manager’s final and binding decision.

7) PROPOSALS

a) The Bid must contain a manual signature of an authorized representative of Bidder in the space provided on the proposal form. Each Bidder shall be responsible for the accuracy of his proposal. Bidders cannot obtain relief by pleading that it made an error in its bid.

b) Submittals must be received no later than the time and date specified in the solicitation, and submitted via the e-procurement platform. No bid will be accepted after the specified deadline on the Mercell platform.

c) The Procurement Manager may elect to cancel or postpone a bid at any time prior to the time…