RFQ-25-40 Professional Engineering.pdf

8/20/2025

REQUEST FOR QUALIFICATIONS

RFQ-25-40

Sealed responses will be received by the City of Winter Haven until 2:00 P.M., SEPTEMBER 23, 2025, at our online solicitation platform, Mercell for:

“Professional Engineering Consulting Services (CCNA) – Winter Haven Regional Airport”

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., September 15, to Troy Heidel at theidel@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. Please note the AFFIDAVIT form which must also be completed. 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 mailto:theidel@mywinterhaven.com

LEGAL ADVERTISEMENT

REQUEST FOR QUALIFICATIONS

RFQ-25-40

The City of Winter Haven will receive sealed responses until 2:00 P.M., September 23, 2025 for:

“Professional Engineering Consulting Services (CCNA) – Winter Haven Regional Airport”

Prospective bidders may obtain copies of the RFQ at: https://app.negometrix.com/buyer/690

Advertise: Weds, August 20 https://app.negometrix.com/buyer/690

RFQ-25-40

Professional Engineering Consulting Services (CCNA)

Winter Haven Regional Airport

SCOPE OF SERVICES

The City of Winter Haven's (“City”) Selection Process for consultants' services is conducted in accordance with Florida Statutes 287.055 Consultants' Competitive Negotiations Act and Federal Aviation Administration Advisory Circular 150/5100-14D. The Professional Services Selection Committee (PSC) will review the qualifications of all submitting firms. The City reserves the right to determine, at its sole discretion, whether the statement of qualifications satisfactorily meets the criteria established in this RFQ, and the right to seek clarification from any firm(s) submitting qualifications.

All interested parties must submit the requested information within the time frame provided herein.

It is the intent of the City to select and negotiate Professional Engineering Consulting Services Agreements with two (2) or more firms. The City may employ different consultants to perform the work described. No consultant shall be employed as the exclusive consultant.

Consultants will be chosen based upon the expertise and experience listed as it pertains to the work described. Selection of a qualified firm under this RFQ is not a guarantee of work.

After actual performance, the firms will be evaluated annually by the applicable departments.

SCOPE OF SERVICES

The scope of professional services that may be required by contract award resulting under this RFQ is anticipated to include, but not be limited to, services that are utilized for projects conducted under airport grant programs involving planning services, and engineering services, for the design, and construction administration of airport projects. Typical projects include, but are not limited to topographic surveys, geotechnical exploration, grading, extension, widening, rehabilitation, and/or construction of Runways, Taxiways, Taxilanes, Ramps/Aprons, NAVAIDS, Airfield Electrical and Lighting Systems, Stormwater Systems, Fencing, Utilities, Roadways, Parking, Buildings, Hangars, and/or other Airfield Facilities.

Aviation Planning Services. This category includes studies under the broad headings of airport system and master planning, airport noise compatibility planning and environmental assessments and related studies. These studies include, but are not limited to, the following activities:

• Design study to establish the framework and detailed work program.

• Airport data collection and facility inventories.

• Aeronautical activity forecasts and demand/capacity analyses.

• Facility requirements determination.

• Airfield modeling for capacity and delay.

• Airport layout and terminal area plan development.

• Airport noise studies under 14 CFR parts 150 and 161.

• Compatible land-use planning in the vicinity of airports.

• Airport development schedules and cost estimates.

• Airport financial planning and benefit cost analysis.

• Participation in public information and community involvement programs and/or public hearings relating to airport development and planning projects.

• Environmental assessments, environmental impact statements, and other studies in accordance with FAA Orders 5050.4 and 1050.1.

• Airspace analysis.

Engineering Services for Airport Development Projects. This category includes the basic engineering services normally required for airport development projects. It involves services generally of an architectural, civil, geotechnical, structural, mechanical, and electrical engineering nature. In addition, there may be some services outside those normally considered basic that are discussed in the paragraph titled Special Services.

The basic services are usually conducted in, but are not limited to, the four distinct and sequential phases summarized below:

Preliminary Phase. This phase involves those activities required for defining the scope of a project and establishing preliminary requirements. Some examples of activities within this phase of a project include, but are not limited to:

• Conferring with the City on project requirements, finances, schedules, early phases of the project, and other pertinent matters and meeting with FAA, FDOT, and other concerned agencies and parties on matters affecting the project.

• Planning, procuring, and/or preparing necessary surveys, geotechnical engineering investigations, field investigations, and architectural and engineering studies required for preliminary design considerations.

• Developing design schematics, sketches, environmental and aesthetic considerations, project recommendations, and preliminary layouts and cost estimates.

Design Phase. This phase includes all activities required to undertake and accomplish a full and complete project design. Examples include, but are not limited to, those below:

• Conducting and attending meetings and design conferences to obtain information and to coordinate or resolve design matters.

• Collecting engineering data and undertaking field investigations; performing geotechnical engineering studies; and performing architectural, engineering, and special environmental studies.

• Preparing necessary engineering reports and recommendations.

• Preparing detailed plans, specifications, cost estimates, and design/construction schedules.

• Preparing construction safety plans.

• Printing and providing necessary copies of engineering drawings and contract specifications.

Bidding and Negotiation Phase. These activities are sometimes considered part of the construction phase. They involve assisting the City in advertising and securing bids, negotiating for services, analyzing bid results, furnishing recommendations on the award of contracts, and preparing contract documents.

Construction Phase. This phase includes all basic services rendered after the award of a construction contract, including, but not limited to, the following activities:

• Providing consultation and advice to the City during all phases of construction.

• Representing the City at preconstruction conferences.

• Inspecting work in progress periodically and providing appropriate reports to the City.

• Reviewing and approving shop and erection drawings submitted by contractors for compliance with design concept/drawings.

• Reviewing, analyzing, and approving laboratory and mill test reports of materials and equipment.

• Preparing and negotiating change orders and supplemental agreements.

• Observing or reviewing performance tests required by specifications.

• Determining amounts owed to contractors and assisting the City in the preparation of payment requests for amounts reimbursable from grant projects.

• Making final inspections and submitting punch-lists and a report of the completed project to the City.

• Reviewing operations and maintenance manuals.

Special Services. The development of some projects may involve activities or studies outside the scope of the basic design services routinely performed by the consultant. These special services may vary greatly in scope, complexity, and timing and may involve a number of different disciplines and fields of expertise. Consultants performing special services may be employed directly by the City to implement one or more phases of a project or may be employed by the principal consultant via a subcontract agreement. In certain instances, these services may be performed by the principal consultant. Some examples of special services that might be employed for airport projects include, but are not limited to, the following:

• Architectural services.

• Soil investigations, including core sampling, laboratory tests, related analyses, and reports.

• Detailed mill, shop, and/or laboratory inspections of materials and equipment.

• Land surveys and topographic maps.

• Field and/or construction surveys.

• Photogrammetric surveys.

• Onsite construction inspection and/or management involving the services of a full-time resident engineer(s), inspector(s), or manager(s) during the construction or installation phase of a project. This differs from the periodic inspection responsibilities included as part of the basic services.

• Special environmental studies and analyses.

• Expert witness testimony in litigation involving specific projects.

• Project feasibility studies.

• Public information and community involvement surveys, studies, and activities.

• Preparation of record drawings.

• Assisting the City in the preparation of necessary applications for local, State, and

Federal grants.

• Preparation of or updating of the airport layout plan.

• Preparation of property maps.

• Project and construction management.

• Preparation of quality control plan.

• Preparation of final report.

Potential projects may be developed directly from the City’s approved Capital Improvement Plan (CIP). These projects could include some of the following:

Airport Administrative and Operations Manuals Airport Commerce Park – Construction (Ph. II) Airfield Electrical Assessment/Study Land Acquisition Large Hangars (five) Rehabilitation of Taxiway D Western Itinerant Aircraft Parking Apron Rehabilitation of Runway 5/23 and North Taxiway B T-Hangars and Associated Taxi lanes (three) Rehabilitation of the GA Terminal Taxiway Echo Extension Advanced Air Mobility (AAM) projects Other Similar Projects from the Airport Master Plan Update

Consultant(s) could be expected to work on one or more of these projects. All work performed will be done according to local, state, and federal rules, regulations, and ordinances as they pertain to Engineering. In regard to future performance, the Consultant must be able to certify all work once completed, as part of final product/service.

Work will be awarded on a project-by-project basis that may include any or all of the above services or services not specifically mentioned, but directly related to the specific disciplines.

The City will negotiate the technical aspects of the scope of work, deliverables, schedule, and fee on a project-by-project basis. Consultants may hire subcontractor consultants to be used for portions of the required services; however, the primary consultant must be responsible for all of the work performed.

Responses should clearly indicate qualifications and capacity of proposed team, focusing on experience working with local government. Where the use of subcontractor consultants is proposed, information must be provided within the response.

Responding firms should clearly indicate their capacity to commit the required resources throughout the course of the contract.

Some City projects are funded by various grant monies, including Federal grants. Firms are encouraged to describe their capabilities in assisting the City with securing funding, and/or completing projects in compliance with grant funding agency requirements.

The City shall request the services on an as-needed basis. There is no guarantee that any or all of the services described in this agreement will be assigned during the term of this agreement. Further, the Consultant(s) understands that they are providing these services on a non-exclusive basis. The City, at its option, may elect to have any of the services set forth herein performed by other consultants or by City staff. Notice: The above various services are general in nature and intended to provide respondents with a general overview of the tasks envisioned as part of the various types of work involved. The City reserves the right to expand and/or reduce the various services as may be appropriate based upon changing City requirements and/or budget considerations.

SUBMITTAL

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 no more than forty (40) pages in length (excluding resumes). Brevity is encouraged. The Proposal must include the following sections, in this order, for consistency and ease of evaluations.

Cover Letter

Tab 1 – Company Information

Brief overview of the firm's history and organization that includes the name of the firm's contact person, address, office telephone number, cellular telephone number,fax number and email address.

Provide documentation of the firm's headquarters and local office, if applicable, and Intent/Capacity to affect the local economy through the use of local labor, vendors, subcontractors, and resources.

Provide documentation of all sub-consultant(s).

Provide a list of all sub-consultant's expertise and qualifications

Tab 2 – Experience and Expertise

Provide resumes of all personnel that may be assigned to City under an agreement for services within the appendix.

Provide a list of similar projects with agencies for which the firm has provided similar services over the last three (3) years, with a brief description of the Scope of Work and the firm's involvement. A client list showing the current contact person, telephone number and e-mail address for each agency must be submitted.

Provide a short narrative outlining how the firm has functioned as a consultant with other city-owned airports.

Provide a brief description of the firm's Quality Assurance/Quality Control program.

Tab 3 – Project Approach

Provide a narrative outlining the firm's approach to the specific scope of services requested in the RFQ and how they might benefit the City, including uses of sub-consultants, if applicable.

Relative to the scope of work; provide any innovative approaches to providing these services which might apply to the City.

Tab 4 – Interaction with City and Regulatory Agency Staff

Provide information that demonstrates the firm's ability to work with the City, as well as other regulatory agencies.

Tab 5 – Timely Completion of Projects

Provide a short narrative outlining how you propose to manage projects in order to meet schedule and budget requirements. Describe the firm's current and future projected workload.

Share information as to timely completion of projects in past year. Describe specifically the firm's daily ability to handle each aspect of the scope of services described herein.

SELECTION AND EVALUATION PROCEDURES

A Professional Services Committee (PSC) will review the submittals received.

The PSC will consist of the following members or their designees:

1. Eric Labbe, Economic Opportunity and Community Investment Director

2. Amin Hanhan, City Engineer

3. Andy Palmer, Parks Planning & Strategic Initiatives Manager

4. C.J. Scott, Chief Financial Officer

5. Bruce Lyon, Economic Development Council President

6. Troy Heidel, Airport Director

7. Ben Shipps, President of Jack Brown's Seaplane Base

8. Mayor Pro-Tem Brian Yates - City Commission Liaison (non-voting)

The evaluation criteria listed below will be utilized to rank the firms and to short-list consultants. Interviews with the firms short-listed may be scheduled with the PSC for final ranking and selection. The City shall be the sole judge of its own best interests, the responses, and the resulting negotiated agreement. The City's decisions will be final.

Consultants will be evaluated using a number of factors including, but not limited to, the following:

1. Intent/Capacity to affect the local economy through the use of local labor, vendors, subcontractors, and resources:

i) Firms experience working within the region (5 points) (Corresponds to Tab 1).

1a. Sub-consultant Experience and Expertise (5 points) (Corresponds to Tab 1).

2. Experience and expertise of the consulting firm and its key personnel with similar services to those in the Request for Qualifications (30 points) (Corresponds to Tab 2).

2a. Client reference list (20 points) (Corresponds to Tab 2).

3. Approach to meeting the City's needs as stated in the Scope of Services (20 points)

(Corresponds to Tab 3).

4. Ability to work with City and regulatory agencies. (10 points) (Corresponds to Tab 4).

5. Ability to provide services in a timely manner (10 points) (Corresponds to Tab 5).

Be advised that failure to comply with the following criteria will be grounds for disqualification and will be strictly enforced:

• Deposit of submittal(s) to the correct location by the specified cut-off date and time.

• Compliance with the lobbying prohibitions.

The PSC will evaluate each submittal according to the criteria listed above. The Selection Committee will then rank the firms based upon the submittals. If the PSC deems it appropriate, they may choose to short-list a minimum of three of the firms, and conduct interviews with those firms. Recommendations will then be made to the City Manager for final approval.

The City reserves the right to reject any and all submittals, waive minor informalities, or award to and/or negotiate with the firm(s) whose submittal(s) best serve the interests of the City.

PUBLIC RECORDS

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State and Federal Law, all proposers are hereby made aware that Request for Qualifications and the submittals thereto are in the public domain. Do not submit information that you do not want to be made public.

DEVELOPMENT COSTS

Neither the City nor its representative(s) shall be liable for any expenses incurred in connection with preparation of a response to the RFQ. Proposers should prepare their submittals simply and economically, providing a straightforward and concise description of the proposer's ability to meet the requirements of the RFQ.

CONTRACT PERIOD

Any contract(s) resulting from this request is expected to begin upon approval of contract award by City Commission and remain in effect for a period of five (5) years, unless terminated sooner under the provisions of the Consultant Agreement. If an awarded firm has lost more than 50% of its key staff (assigned to this City contract), then the contract may be terminated, and the firm in question will be required to resubmit at the next RFQ advertisement if consideration for that firm is so desired. Individual Task Orders will be used for specific projects. Each Task Order will have time specific limitations and monetary values negotiated at the time of issuance.

To the extent permitted by F.S. 287.055 and based upon continued satisfactory performance of the firm(s) selected, the City reserves the right to utilize additional consulting services for substantially similar services. When applicable, this/these resulting contract(s) shall be considered continuing contract(s).

LOBBYING

Lobbying shall be defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and or any other group(s) who seek to influence the governmental decision of a Commission/Board Member, City Manager, and/or any other City Personnel during the solicitation process. The lobbying black-out period begins upon issuance of this solicitation and concludes upon City Commission approval of a contract for that particular endeavor/scope of work. Proposers shall not contact any City Commission member and/or any requesting or evaluating Department/Office personnel during said black-out period. All questions shall be directed to the Procurement Services Director. A submittal may be disqualified if that firm has violated the black-out period.

ASSIGNMENT OR TRANSFER

The selected proposer shall 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 has sole discretion whether or not to consent to any contemplated assignment.

REQUIRED INDEMNIFICATION

The selected proposer 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 selected proposer and other persons employed or utilized by the selected proposer in the performance of the contract.

PUBLIC RECORDS

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 10 days after proposal opening date, whichever is earlier.

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

(7/28/2025 rfp)

1) GENERAL CONDITIONS:

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

a) 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.

b) 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.

c) PUBLIC RECORDS

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

Public Records. 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 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 Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the 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.

d) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE 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

e) 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.

f) It is the intent of the City of Winter Haven that this Request 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 Request to a single source. Such notification must be received in writing by the Procurement Manager not later than ten (10) days prior to the bid opening date.

g) Bidders must possess any applicable business or occupational licenses at the time of submission of the

Bid. The City may request proof of such licensure.

h) 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.

i) 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 render 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 Request, 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’s 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) 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; Request for Proposals and Request for Qualfications 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.

5) PROPOSALS

a) 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.

b) The Procurement Manager may elect to cancel or postpone a bid at any time prior to the time and date set to open bids.

c) Sealed bids, proposals, or replies received by the City pursuant to a Request for Qualifications/Proposals are exempt from disclosure under s.119.07(1) and s.24(a), Art. I of the State Constitution until such time as the City provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

d) If the City rejects all bids, proposals, or replies submitted in response to a Request for Qualifications / Proposals and the City concurrently provides notice of its intent to reissue the Request for Qualifications /Proposals, the rejected bids, proposals, or replies remain exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the City provides notice of an intended decision concerning the reissued Request for Qualifications/Proposals or until the City withdraws the reissued Request for Qualifications/Proposals. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City notice rejecting all bids, proposals, or replies.

e) Bid and Affidavit of Prime Bidder (which includes Non-Collusion; Drug-Free Workplace, Affidavit Certification Immigration Laws and Human Trafficking Affidavit) should be submitted on the form furnished by the City and completed by the Bidder without additions, modifications, deletions, and erasures. Bids not submitted on attached bid form may be rejected. All corrections made by Bidder to their bid must be initialed. Each Bidder shall submit its proposal on the e-procurement platform as specified on the Request for Qualifications/Proposals. It is the Bidder's responsibility to assure that its bid is submitted by the proper time of the bid opening. Bids which are not received, as set forth herein, may not be considered.

f) Telegraph, telephone, e-mail, electronically transmitted, posted (USPS, FedEx, UPS, etc.) or facsimile

(FAX) bids will not be considered. Bids may be modified provided such modification is submitted on the platform prior to the time and date set for the bid opening. Each Bidder shall be solely responsible for the costs associated with preparation and submittal of its bid.

g) RESPONSES RECEIVED AFTER THE TIME AND DATE SET FOR THE BID OPENING WILL NOT BE

CONSIDERED.

h) Prohibition Against Considering Social, Political or Ideological Interests in Government Contracting – F.S.

287.05701: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City’s governing body may not give preference to a Bidder based on the Bidder’s social, political or ideological interests.

6) EXTENSION:

a) In addition to any renewal options contained herein, the City has the right to extend any award resulting from this solicitation for the period of time necessary to release, award, and implement a replacement agreement for the commodities and/or contractual services provided. Such extension shall be based upon the same prices, terms, and conditions.

7) OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES:

a) The City of Winter Haven encourages and agrees to the successful bidder extending the pricing, terms, and conditions of this solicitation and any resulting contract (if there is any such resulting contract) to other governmental entities at the discretion/option of the successful bidder.

8) MISTAKES; INACCURACIES; INCOMPLETE INFORMATION:

a) Bidders are expected to examine the specifications, delivery schedule, bid prices (if applicable), and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk.

b) In the purchasing of goods or supplies, without labor, where the bid contains a mistake in extension or total bid amount, the unit price will govern. The City shall be entitled to presume that a mistake has been made where the unit price and total or extension do not equate.

c) The City reserves the right to contact bidders, telephonically or in writing, to clarify inconsistent, inaccurate, or confusing information regarding the proposal submitted. As well, the City reserves the right to demand the execution or re-execution of the proposal, affidavit, or certification required to be accompanied with the bid proposal, when it appears to the City that the deficiency was an oversight in good faith. It shall be presumed that proposals submitted without a single signature on the affidavit or on the proposal is non-responsive and shall not be considered for clarification or correction.

9) STATEMENT OF BIDDER'S QUALIFICATIONS:

a) Each bidder shall, upon request of the City, submit a statement of the Bidder's qualifications, its experience record in furnishing a particular commodity or constructing any type of improvements embraced in the Agreement, its organization and equipment available for the work contemplated, and, when specifically requested by the City, appropriate financial information which would assist in determining bidder’s ability and solvency to perform work contemplated by the Agreement. The Bidder may also be requested to furnish references which the City may use to verify claims of competency. The City shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform its obligations under the Contract; and the Bidder shall furnish the City all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City that the Bidder is qualified to carry out properly the terms of the Contract.

10) LOCAL PREFERENCE ORDINANCE

a) THE CITY OF WINTER HAVEN, FLORIDA HAS ENACTED ORDINANCE NO. O-10-17, RELATING

TO A POLICY OF LOCAL PREFERENCE IN CONJUNCTION WITH THE PURCHASE OF GOODS

AND SERVICES;

b) Where competitive…