HomeMy WebLinkAbout2024 08 12 Consent 304 -Award of ITB #05-24-02 BI (Outdoor With It, LLC)CONSENT AGENDA ITEM 304
CITY COMMISSION AGENDA | AUGUST 12, 2024 REGULAR MEETING
TITLE
Award of ITB #05-24-02 BI (Rough Cut Mowing & Tilling Services) to Outdoor With It,
LLC
SUMMARY
An Invitation to Bid (ITB) was issued to obtain quotes for Rough Cut Mowing & Tilling
Services across the city. Three companies submitted responses. The responses were
reviewed, and the results are available in the tabulation email from the City’s
procurement manager included in this agenda packet. Outdoor With It LLC submitted
is the lowest responsive & responsible bidder, and staff recommends initiating
contract negotiations with them. The base maintenance cost proposed by Outdoor
With It LLC is $10,585.85 per month and an additional $6,100.00 for as ordered basis
tilling services. The other two respondents were Ferguson Lan Care and Superior
Landscape & Lawn Service.
FUNDING SOURCE
This approved budgeted funding source will be used for the ITB #05-24-02BI: G/L
Account 410-36-3600-543270 – RM Infra – Grounds.
Additionally, the decision to outsource the required landscaping responsibilities
resulted in significant cost reductions in several key areas. The Utility department was
able to eliminate one (1) maintenance worker position in the FY25 budget, a savings of
$89,783.91 (includes salary plus all benefits) along with the annually budgeted tractor
repair and maintenance of $27,000.
The total annual savings from these changes will contribute positively to our overall
financial health. Outsourcing these duties will permit the exclusion of previously
budgeted salary and benefit expenses, equipment purchases and maintenance, and
fuel costs, thereby optimizing our operational budget.
RECOMMENDATION
Staff recommends the City Commission approve Outdoor With It LLC with whom to
negotiate a contract for the services outlined in the ITB #05-24-02 BI. In addition,
authorize the Interim City Manager and City Attorney to prepare and execute any and
all applicable contract documents consistent with this agenda item.
478
479
ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
INVITATION TO BID
ITB # 05-24-02 BI DATE: May 1 , 2023
Sealed Bids for the provision of Rough Cut Mowing & Tilling Services will be received by the City of Winter Springs (CITY)
Procurement Department, located at Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708,
until:
June 1 , 2024
2:00 p.m., local time
FOR
Rough Cut Mowing & Tilling Services
Bids shall conform to the minimum requirements outlined in this Invitation To Bid. The CITY reserves the right to reject any
and all offers and to waive minor informalities.
The CITY issues this Invitation To Bid in order to select a Bid(s) for further contract negotiation. Selection by the CITY
Commission may not result in the formation of a contract.
Submission and Receipt of RFP’s:
Bidders shall submit their Bid response to this ITB by:
Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your ITB
response to this office by the date and time indicated above.
The outside of your package must be clearly labeled with the ITB number, title, opening date and time, and the name
and address of the Bidder. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post
office or mail courier prior to the deadline does not meet the CITY’s deadline requirements. Offers received after June
1 , 2024 at 2:00 p.m., will be rejected.
Deadline for questions is May 29, 2024 1:00pm local time
Any Addenda, if required, will be issued by 2:00pm on May 31, 2024 on the Demand Star platform if questions are
received and require clarification.
If you have any questions regarding this Invitation To Bid, please contact Stuart MacLean, Procurement Manager, at (407)
327-7581, or via email at smaclean@winterspringsfl.org
PROPOSAL DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM:
www.demandstar.com
or
https://www.winterspringsfl.org/rfps
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
Invitation To Bid Table of Contents
PART I SCOPE OF SERVICE/EVALUATION CRITERIA ............................................................................................................. 1
Background ............................................................................................................................................................................... 1
Scope and Term of Service ........................................................................................................................................................ 1
Consideration of Bids ................................................................................................................................................................ 1
Timeline of Events ..................................................................................................................................................................... 1
PART II INSTRUCTIONS TO BIDDERS AND GENERAL PROVISIONS ........................................................................................ 2
Definitions ................................................................................................................................................................................. 2
Preparation of Invitation To Bid ................................................................................................................................................ 2
Submission and Receipt of Bids ................................................................................................................................................ 3
Selection of Bid ......................................................................................................................................................................... 3
Acceptance of Offer .................................................................................................................................................................. 3
Notice of Award ........................................................................................................................................................................ 4
Discrepancies, Errors, and Omissions ....................................................................................................................................... 4
Right to Reject Bids ................................................................................................................................................................... 4
Compensation ........................................................................................................................................................................... 4
Fiscal Non-Funding Clause ........................................................................................................................................................ 4
Rights of the CITY ...................................................................................................................................................................... 4
Conflict of Interest .................................................................................................................................................................... 5
Public Entity Crimes .................................................................................................................................................................. 5
Options ...................................................................................................................................................................................... 5
Subcontracting .......................................................................................................................................................................... 5
Failure to Submit Bid ................................................................................................................................................................. 5
Default of Contract ................................................................................................................................................................... 6
Modification for Changes .......................................................................................................................................................... 6
Order of Precedence ................................................................................................................................................................. 6
Examination of Records ............................................................................................................................................................ 6
Bids Received ............................................................................................................................................................................ 6
Lobbying/Cone of Silence ......................................................................................................................................................... 6
Insurance and Hold Harmless Indemnitication ......................................................................................................................... 7
Qualifications of Bidder ............................................................................................................................................................ 7
Disqualification of Bidder .......................................................................................................................................................... 7
Licenses and Permits ................................................................................................................................................................. 8
Provisions for Other Agencies ................................................................................................................................................... 8
Applicable Law and Venue ........................................................................................................................................................ 8
Bid Disclosure; Public Records Responsibilities ........................................................................................................................ 8
E-Verify ...................................................................................................................................................................................... 9
Additional Information .............................................................................................................................................................. 9
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
Modification and Withdraw ...................................................................................................................................................... 9
Prohibition on Gifts to CITY Employees and Officials ............................................................................................................. 10
Discrimination ......................................................................................................................................................................... 10
Federal Requirements ............................................................................................................................................................. 10
PART III SPECIFIC BID REQUIREMENTS ............................................................................................................................ 11
Format ..................................................................................................................................................................................... 11
Section A – Bidder Information and Acknowledgement Form ............................................................................................... 11
Section B – Table of Contents ................................................................................................................................................. 11
Section C – Introduction Letter ............................................................................................................................................... 11
Section D – Qualifications ....................................................................................................................................................... 11
Section E - Other Information ................................................................................................................................................. 11
Section F – Cost and Time ....................................................................................................................................................... 12
Section G – Mandatory Bid Forms .......................................................................................................................................... 12
Section H – Florida State Corporate Filing .............................................................................................................................. 12
MANDATORY BID FORMS
Bidder Information and Acknowledgement
Reference Information
Insurance Requirements
Scrutinized Company Certification
Non-Collusions Affidavit
Drug Free Workplace Certification
Public Entity Crimes Statement
E-Verify Statement
Conflict of Interest Statement
SMWBE Utilization Plan
Appendix A Cost Proposal Worksheet
o Appendix B Location Details
o Appendix C Bid Bond Agreement
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1 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
PART I
SCOPE OF SERVICE/EVALUATION CRITERIA
FOR
ITB # 05-24-02 BI
Rough Cut Mowing & Tilling Services
Background
The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando-Kissimmee-Sanford
Metropolitan Area. As of 2021 the City of Winter Springs has a population of 38,317, covering 14.99 square miles.
Scope and Term of Service
The City of Winter Springs is requesting Bids from qualified companies (Bidder or Bidders) for the purposes of providing
Rough Cut Mowing & Tilling Services on a continuing basis in specified areas of the CITY as detailed in Appendix “B”
Location Details. The initial term of services shall be for three (3) years, with two (2) one (1) year options to extend upon
the mutual agreement of the parties.
Consideration of Bids
Bids will be considered by the CITY, and the chosen Bidder will be selected based its ability to provide the services
required at the lowest possible cost to the CITY. In assessing Bids the CITY shall consider, in addition to the Cost
Proposal, but not limited to, the following capabilities and background in determining if a Bid is considered
responsible.
a. The background, and experience of the Bidder in providing similar services elsewhere, including the level
of experience in working with municipalities and the quality of services performed or items supplied.
b. Reasonableness/competitiveness of proposed costs and/or benefits to the City of Winter Springs. The City
of Winter Springs reserves the right to negotiate fees and/or benefits with the selected Bidder.
c. Determination that the selected Bidder has no contractual relationship which would result in a conflict of
interest with the CITY.
d.The Bidder‘s ability, capacity, and skill to fully and satisfactorily, provide these services and/or items
required in this ITB.
e.Whether the Bidder can provide the service and/or items in a professional, prompt and timely fashion.
Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give preference
based upon, a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.
Timeline of Events
Release of ITB May 1 , 2024
Mandatory Site Visit – Confirmation of attendance must be received by May th 5:00pm;
at: 0 am corner of Shore Road & East Bahama Road, Winter Springs
May 2 , 2024
Deadline to receive questions (electronically) - 1:00pm local time May 29, 2024
Addendum Released by 2:00pm local time May 31, 2024
ITB Submittals Due by 2:00 pm local time June 1 2024
ITB Opening – Immediately following Bid Registration in City Commission Chambers June 1 2024
CITY Commission Approval of Selection and Consideration of Contract TBD
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2 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
PART II
INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS
FOR
ITB # 05-24-02 BI
Rough Cut Mowing & Tilling Services
Definitions (as used herein)
a. The acronym "ITB" is an "Invitation To Bid" and means a solicitation of proposals.
b. The term "Bid" means the offer of qualitative evaluations by the Bidder.
c. The term "professional services" means those services of architects, auditors, dentists, engineers, landscape
architects, lawyers, physicians, psychologists, surveyors, and any other professional service as determined by the
CITY.
d. The term " Bidder " means the person, company, or entity making an offer.
e. The term "Change Order" means a written order signed by the Finance Department or authorized representative
directing the Bidder to make changes to a contract or purchase order resulting from the ITB.
f. The term "CITY" means the City of Winter Springs, Florida.
g. The term "CITY Commission" means the governing body of the City of Winter Springs. The CITY Commission is the
only body that can award Bids.
Preparation of Invitation To Bid
a. Bidders are expected to examine the minimum requirements and all special and general conditions. Omission on
the part of the Bidder to make the necessary examinations and investigations, or failure to fulfill every detail the
requirements of the contract document, will not be accepted as a basis for varying the requirements of the CITY or
the compensation to the Bidder. Failure to properly and fully complete the Bid is at the Bidder's risk. The Bidder
shall sign the Invitation To Bid and print or type his/her name, address, and telephone number on the face page.
b. The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a
detailed description concerning any point will be regarded as meaning that only the best commercial practices are
to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made
upon the basis of this statement.
c. Bidders should submit their response to this ITB by:
Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of Bidder’s Bid to
this office by the date and time indicated in Part I Timeline of Events.
The outside of Bidder’s package must be clearly labeled with the ITB number, title, opening date and time and the name
and address of the Bidder. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post
office or mail courier prior to the deadline does not meet the CITY’s deadline requirements.
d. The Bidder should retain a copy of all documents for future reference.
e. All Bids must be signed with the Bidder’s name and by an officer or employee having authority to bind the Bidder by
his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof
of corporate signer must be included with the submittal with the Bid. You may use the Sunbiz website screen shot
or include a copy of your Corporate Resolution to prove the authority of the corporate signer.
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f. Failure to follow the instructions in the Invitation To Bid is cause for rejection of your Bid.
Submission and Receipt of Bids
a. Bids must be received before the specified time as designated in the ITB Timeline of Events. A list of Bidders who
submitted Bids will be furnished, upon request, following opening of the Bids.
b. Bids shall be submitted in a sealed envelope. The envelope shall show the opening date and time, the ITB number,
and the name and address of the Bidder.
c. The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being delivered
by the specified time so that a Bid can be considered.
d. Email and Facsimile (FAX) Bids will not be considered, however, Bids may be modified by email and FAX notice,
provided such notices are received prior to the hour and date specified.
e. Late Bids will be rejected.
f. Bids having any erasures or corrections must be initialed by the offer or in ink. Bids shall be signed in ink. All
amounts shall be typewritten or completed in ink.
g. All Mandatory Bid Forms must be completed and attached to the Bid response.
h. All costs of Bid preparation, inspection of the ITB documents, and presentation of the Bid shall be solely borne by
the Bidder. The CITY shall not be liable for any cost incurred by the Bidder during the preparation and submission
of its Bid in response to this ITB.
Selection of Bid
SELECTION OF THE BIDDER AND BID DEEMED THE MOST QUALIFIED, MOST ADVANTAGEOUS, AND IN THE BEST INTERESTS
OF THE CITY, AS DETERMINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS’S SOLE AND ABSOLUTE
DISCRETION, SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED UNTIL FINAL
APPROVAL OF SUCH CONTRACT BY THE CITY COMMISSION AFTER SUCCESSFUL NEGOTIATION OF SPECIFIC CONTRACT
TERMS DETERMINED TO BE IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION. Negotiations may be
terminated at any time by the CITY Manager or CITY Commission if, in his/her/its sole discretion, the CITY Manager OR CITY
Commission determines that the negotiation of terms acceptable to the CITY will not be successful.
Only the CITY Commission can select Bids, authorize the CITY Manager to engage in negotiations, and ultimately enter into
a contract.
The project owner provides a vendor recommendation to the CITY Commission for selection. The recommendation may or
may not be adopted by the CITY Commission.
In the event clarification is required, the CITY may require one or more of the top-ranking Bidders to attend a meeting to
make an oral presentation, answer questions. This meeting will be exempt from the requirements of the Sunshine Law in
accordance with section 286.0113, Florida Statutes. PROPOSER(s) will be notified of any further meeting requirements.
Acceptance of Offer
The signed Bid shall be considered an offer on the part of the Bidder; however, such offer shall be deemed accepted only
upon issuance by the CITY of a Purchase Order, Blanket Purchase Order, or execution of another contractual document
deemed acceptable to the CITY.
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The contract will be awarded to the most responsible and responsive, qualified Bidder(s) whose Bid is deemed the most
advantageous and in the best interests of the CITY in accordance with the criteria set forth in this ITB.
The CITY reserves the right to accept or reject any and all Bids or parts of Bids, waive minor informalities, and to request
clarification of information from any Bidder.
Notice of Award
Within ten (10) calendar days from the date stipulated in the Notice of Award notifying Bidder that its Bid has been
accepted, the successful Bidder shall execute the Agreement. Failure to execute the Agreement and/or to furnish said
bonds within ten (10) calendar days from the date of the Notice of Award entitles the CITY to consider all rights arising out
of the CITY's acceptance of the Bid as abandoned and the Bid Bond shall be forfeited. The CITY shall be entitled to such
other rights as may be granted by law.
Discrepancies, Errors, and Omissions
Any discrepancies, errors, or ambiguities in the Invitation To Bid or addenda (if any) should be reported in writing to the
CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the Invitation To Bid
and will become part of the Service Agreement (contract documents). The CITY will not be responsible for any oral
instructions, clarifications, or other communications.
Right to Reject Bids
The CITY reserves the right to reject any or all Bids, and to disregard typographical, mathematical, or obvious errors. The
CITY will not pay costs incurred by any Bidder in the preparation of their Bids.
Compensation
Compensation, which is determined to be fair, competitive, and reasonable, will be considered during the negotiations of a
final contract with the selected Bidder.
Fiscal Non-Funding Clause
In the event sufficient budgeted funds are not available for a new fiscal period, the CITY shall notify the Bidder of such
occurrence and any contracts entered into between the CITY and Bidder shall terminate on the last day of the current fiscal
period without penalty or expense to the CITY.
Rights of the CITY
This ITB constitutes an invitation for submission of Bids to the CITY. This ITB does not obligate the CITY to procure or
contract for any of the scopes of services set forth in this ITB. The CITY reserves and holds at its sole discretion, various
rights and options under Florida law, including without limitation, the following:
To prepare and issue Addendums to the ITB that may expand, restrict, or cancel any portion or all work described in
the ITB without obligation to commence a new procurement process or issue a modified or amended RFP.
To receive questions from potential Bidders and to provide such answers in writing as it deems appropriate.
To waive any informalities, technicalities or irregularities in the Bids submitted.
To reject any and all Bid submissions.
To change the date for receipt of Bids or any deadlines and dates specified in the ITB.
To change the procurement and/or selection process prior to receipt of Bids.
To conduct investigations with respect to the information provided by each Bidder and to request additional
information (either in writing or in presentations and interviews) to support such Bidder’s responses and
submittals.
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To visit facilities referenced in the Bidder’s submittal at any time or times during the procurement process.
To seek clarification of Bids from the Bidder either in writing or in presentations and interviews
To cancel the ITB; with or without the substitution of another ITB.
Conflict of Interest
Bidder acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112, Florida
Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs.
The Bidder certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City of
Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly or
indirectly, in providing the goods or services specified in this Bid. Financial interest includes ownership of more than five
percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the
business submitting the Bid or of any subcontractor or supplier thereof providing goods or services in excess of ten percent
(10%) of the total Bid amount.
Additionally, the Bidder, on company letterhead, must divulge at the time of Bid submittal, any relative, other than those
already specified, of an elected /appointed official or employee of the City of Winter Springs who has a financial interest, as
defined herein, in providing the goods or services specified in the Bid. The CITY, at its sole discretion, will determine
whether a conflict exists and whether to accept or reject the Bid.
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not
submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list.
Options
When the CITY requests Bids with options regarding the extent of services to be provided, the CITY requests all Bidders to
provide a cost breakdown for each option proposed. Although all options may be purchased, some options may not
ultimately be purchased. The CITY reserves the right to decide, at its discretion, which options shall be purchased.
The CITY reserves the right to engage more than one (1) Bidder if it is believed that different Bidders might best serve the
CITY's interests in performing different segments of the work (e.g., one Bidder to provide building estimates, and another to
provide infrastructure estimates).
Subcontracting
Where Bidders do not have the "in-house" capability to perform work desired in the Invitation To Bid, subcontracting may
be permitted only with prior knowledge and approval of the CITY. The CITY must be assured of and agree that any proposed
subcontractor(s) can perform work of the desired quality and in a timely manner. The name(s) of any intended
subcontractor(s) should be given in the Bid.
Failure to Submit Bid
If Bidder does not wish to submit a Bid, return the ITB and state the reason therefor; otherwise, Bidder’s name may be
removed from CITY’s mailing list.
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Default of Contract
In case of default by the Bidder, the CITY may procure the requested services from other sources and hold the Bidder
responsible for any excess costs occasioned or incurred thereby.
Modification for Changes
No agreement or understanding to modify this ITB and resultant purchase order or contract shall be binding upon the CITY
unless made in writing by the City of Winter Springs.
Order of Precedence
In the event of an inconsistency between provisions of the ITB, the inconsistency shall be resolved by giving precedence in
the following order: (a) Instructions to Bidders and General Provisions; and (b) the minimum requirements.
Examination of Records
The Bidder shall keep adequate records and supporting documentation applicable to the subject matter of this ITB to
include, but not be limited to: records of costs, time worked, working paper and/or accumulations of data, and criteria or
standards by which findings or data are measured. Said records and documentation shall be retained by the Bidder for a
minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is initiated
before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise concerning
this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such records and
documentation during the record retention period stated above; provided, however, such activity shall be conducted only
during normal business hours and shall be at CITY expense. Bidders shall be authorized to retain microfilm copies in lieu of
original records if they so desire.
Any subcontractor(s) employed by a Bidder who is subject to these requirements and the Bidder itself are required to so
notify any such subcontractor(s).
Bids Received
All Bids received in response to this ITB become the property of the CITY.
Lobbying/Cone of Silence
Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate,
corporation, and/or all other groups who seek to influence the governmental decision of a CITY Commission Member, the
CITY Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation
Committee concerning an active solicitation during the black-out period. A lobbying black-out period commences upon the
issuance of this solicitation document.
If an award item is presented to CITY Commission for approval or for a request to provide authorization to negotiate a
Contract(s) and the CITY Commission refers the item back to the CITY Manager, Procurement Division and/or requesting
Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black-
out Period will be reinstated until such time as the CITY Commission meets to consider the item for action.
Bidders, Proposers, Respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives
shall not contact any CITY Commission member, the CITY Manager, any requesting or evaluating Division, Department,
Office personnel, and/or any member of the Evaluation Committee concerning an active Request For Proposal during the
Lobbying/Cone of Silence Black-out Period.
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Insurance and Hold Harmless Indemnification
To the fullest extent permitted by laws and regulations, Bidder shall indemnify and hold harmless CITY and its consultants,
agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including
but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs)
arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work
itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of
Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish
any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
In any and all claims against CITY or any of their consultants, agents or employees by any employee of Bidder, any
Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph
shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or
for Bidder or any such Subcontractor or other person or organization under workers’ or workmen’s compensation acts,
disability benefit acts or other employee benefit acts.
Bidder's Liability Insurance - The Bidder shall not commence any work under this Contract until he has obtained all insurance
required under the Agreement. Bidder shall purchase and maintain such comprehensive general liability and other insurance
as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may
arise out of or result from Bidder's performance and furnishing of the Work and Bidder's other obligations under the Contract
Documents, whether it is to be performed or furnished by Bidder, by any Subcontractor, by anyone directly or indirectly
employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The
insurance required shall include the specific coverage's and be written for not less than the limits of liability and coverage's
provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed
operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance
applicable to Bidder's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be
purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the
coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days’ prior written notice
has been given to CITY by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter
when Bidder may be correcting, removing or replacing defective work in accordance with the Contract Documents. Bidder's
General Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be
accomplished by either an endorsement of Bidder's Comprehensive General Liability policy or by Bidder 's carrier issuing a
separate protection liability policy.
Qualifications of Bidder
A Bidder may be required, before the award of any contract, to show to the complete satisfaction of the CITY that they have
the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the
time specified.
Disqualification of Bidder
Any or all Bids will be rejected if there is any reason for believing that collusion exists among the Bidders, and participants in
such collusion will not be considered in future Bids for the same work.
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Licenses and Permits
The Bidder shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required
by the United States, the State of Florida, or by the City of Winter Springs. The Bidder must fully comply with all Federal and
State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work.
Provisions for Other Agencies
Unless otherwise stipulated by the Bidder, the Bidder agrees to make available to the Government agencies, departments,
and municipalities the prices submitted in accordance with said terms and conditions therein, should any said
governmental entity desire to buy under the Bid.
Applicable Law and Venue
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without
regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the
exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth Judicial Circuit Court
in and for Seminole County, Florida for any state court action arising out of this Agreement, and exclusively in the United
States District Court for the Middle District of Florida, Orlando Division, for any federal court action arising out of this
Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in
any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named
courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in
an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject
matter hereof may not be enforced in or by such courts.
Bid Disclosure; Public Records Responsibilities
Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section
119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law,
information and materials received by the CITY in connection with an ITB response and under any awarded contract shall be
deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time period
pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily
provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Bidder believes any of
the information contained in its response is exempt from the Public Records Law, including trade secrets as defined by
Florida law, the Bidder must, in its response, specifically identify the material which is deemed to be exempt and cite the
legal authority for the exemption; otherwise, the CITY will treat all materials received as public records.
Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Bidder on behalf of the CITY, Bidder shall: (a)
keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by
the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY’s custodian of public
records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be inspected or copied
within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise
provided by law; (c) 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 term of this Agreement and following
completion or termination of this Agreement, if Bidder does not transfer the records to the CITY in accordance with (d)
below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its sole and absolute discretion,
requests that all Public Records in possession of Bidder be transferred to the CITY, Bidder shall transfer, at no cost, to the
CITY, all Public Records in possession of Bidder within thirty (30) days of such request or (ii) if no such request is made by
the CITY, Bidder shall keep and maintain the Public Records required by the CITY to perform the work contemplated by this
Agreement. If Bidder transfers all Public Records to the CITY pursuant to (d)(i) above, Bidder shall destroy any duplicate
Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30)
days of transferring the Public Records to the CITY and provide the CITY with written confirmation that such records have
been destroyed within thirty (30) days of transferring the Public Records. If Bidder keeps and maintains Public Records
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9 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
pursuant to (d)(ii) above, Bidder shall meet all applicable requirements for retaining Public Records. All Public Records
stored electronically must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format
that is compatible with the information technology of the CITY. If Bidder does not comply with a Public Records request, or
does not comply with a Public Records request within a reasonable amount of time, the CITY may pursue any and all
remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only
apply to those tasks in which Bidder is acting on behalf of the CITY.
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org
E-Verify
Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any CITY contractors shall register with and use
the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work
authorization status of all employees hired on and after January 1, 2021. CITY contractors must provide evidence of
compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Bidder stating all
employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system
and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material
breach of the contract, and shall result in the immediate termination of a contract without penalty to the CITY. Bidder shall
be liable for all costs incurred by the CITY securing a replacement contract, including but not limited to, any increased costs
for the same services, any costs due to delay, and rebidding costs, if applicable. If the Bidder utilizes subcontractors the
following shall apply:
Bidder shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any
employees they may hire during the term of the Agreement.
Bidder shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. Bidder shall provide a copy of all
subcontractor affidavits to the CITY upon request and shall maintain a copy for the duration of the Agreement.
Additional Information
Additional information may be obtained from the Procurement Manager, (407) 327-7581, or from any other individual
listed on the ITB cover letter.
Modification and Withdraw
Bids may not be modified after submittal.
Bids may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be
received by the CITY’s Procurement Manager before the time and date stated or, as amended, for the Bid Opening.
Properly withdrawn Bids will be returned unopened to the Bidder submitting the Bid.
A Bidder who timely withdraws its Bid may submit a new Bid in the same manner as specified herein under “Submission of
Bid.” A Bid submitted in place of a withdrawn Bid shall be clearly marked as such on the outside of the envelope and on the
Bid Form.
If a Contract is not awarded within 90 calendar days after opening of Bids, a Bidder may file a written request with the
CITY’s Procurement Manager for the withdrawal of its Bid.
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10 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
Prohibition on Gifts to City Employees and Officials
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item
of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics Ordinance, and
CITY Administrative Policy.
Violation of this provision may result in one or more of the following consequences:
a. Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a
specified period of time;
b. Prohibition by the individual and/or firm from doing business with the CITY for a specified period of time,
including but not limited to: submitting bid/Proposals, RFP, and/or quotes; and,
c. Immediate termination of any contract held by the individual and/or firm for cause.
Discrimination
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid, Proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a Bid, Proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not submit Bids, Proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any public entity.
Federal Requirements
This contract may be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and related
administrative practices shall apply to any contract negotiated with a selected firm as required by federal law. The most
recent of such requires, including any amendments made such the submission of the Bid, shall apply, unless federal
government determines otherwise.
The federal government requirements contained in the most recent version of the Uniform Administrative Requirements
for federal awards (Uniform Rules) codified at 2.C.F.R, Part 200, including any certifications and contractual provisions
required by any federal statutes or regulations referenced therein to be included in this contract are deemed incorporated
herein by reference and shall be incorporated into any sub-agreement or subcontract executed by the Bidder pursuant to
its obligations under federal law.
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11 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
PART III
SPECIFIC BID REQUIREMENTS
For
ITB 05-24-02 BI
Rough Cut Mowing & Tilling Services
Format
To assure consistency, Bids must conform to the following format:
A. Bidder Information and Acknowledgement Form
B. Table of Contents
C. Introduction Letter
D. Qualifications
E. Other Information
F. Cost & Time
G. Mandatory Bid Forms
H. Florida State Corporate Filing
Section A – BIDDER Information and Acknowledgement Form
1. Use the form provided in the Mandatory Bid Form titled “BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM.” (See
Proposal Form 1)
Section B – Table of Contents
1. Identify Bid material by section and page number.
Section C – Introduction Letter
1. Summarize the key points of the Bid including an understanding of the scope of work. Must be signed by an authorized official
of the Bidder.
Section D – Qualifications
1. General – Provide general information about the Bidder, including size, office location(s), and structure of Bidder. Identify and
explain any significant changes in organizational structure, ownership, or management both firm-wide and within Fixed
Income/ Public Finance during the past five (5) years.
2. Bidder Experience – Describe the Bidder’s experience with providing Rough Cut Mowing & Tilling services, focus on the Bidder’s
experience with such services for municipalities
3. Team Experience – Identify key members of Bidder’s team that will service the CITY. Identify key contact/project manager.
Provide brief resumes for key team members that will service the CITY as an Appendix.
4. References – Use the form provided in the Mandatory Bid Form titled “REFERENCE INFORMATION FORM”
5. Conclusion – Briefly summarize why Bidder should be selected, including why Bidder is pursuing the City of Winter Springs’
business. In short, summarize what makes Bidder different and why the CITY should select Bidder above all others.
Section E - Other Information
This section should address any other information necessary for a full understanding of Bidder’s services. Please provide relevant
information on any additional services offered by Bidder.
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12 ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
Section F – Cost and Time
This section must clearly state the cost and estimated completion time, if applicable, associated with the project. Use Appendix A: Cost
Proposal Worksheet.
Section G – Mandatory Bid Forms
1. Fill out and return the forms provided; Bidder Information and Acknowledgement Form, References Information Form,
Insurance Requirement Form, Scrutinized Company Certification, Non-Collusion Affidavit of Prime Respondent, Drug Free
Workplace Form, Public Entity Crimes Statement, E-Verify Statement, Conflict of Interest Statement, SMWBE Utilization Plan
and Appendix A Cost Proposal Worksheet.
Section H – Florida State Corporate Filing
1. All Bids must be signed with the Bidder’s name and by an officer or employee having authority to bind the Bidder by his/her
signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate
signer must be included with the submittal with the Bid. Use Sunbiz website screen shot or include a copy of Corporate
Resolution or a Power of Attorney.
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
MANDATORY BID FORMS
Proposal Form 1 - Bidder Information and Acknowledgement Form
Proposal Form 2 - References Information Form
Proposal Form 3 - Insurance Requirements Form
Proposal Form 4 - Scrutinized Company Certification
Proposal Form 5 - Non-Collusion Affidavit
Proposal Form 6 - Drug Free Workplace Form
Proposal Form 7 - Public Entity Crimes Statement
Proposal Form 8 - E-Verify Statement
Proposal Form 9 - Conflict of Interest Statement
Proposal Form 10 - SMWBE Utilization Plan
Appendix A - Cost Proposal Worksheet
Appendix C - Bid Bond Agreement
Mandatory forms must be submitted with the Bid.
Failure to submit forms may disqualify the Bidder from the ITB
Appendix B Location Details (Not a Mandatory Form To Return)
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM
For
ITB # 05-24-02 BI
Rough Cut Mowing & Tilling Services
The undersigned Bidder does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the
minimum requirements/evaluation criteria shown by the Invitation To Bid to be delivered to the specified site for the price indicated.
IT IS THE BIDDER’S RESPONSIBILITY TO CHECK www.demandstar.com
FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL
THIS BID MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF
CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Bid. If not submitted, Bidder will be considered
non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney.
BIDDER NAME:
TAX ID# SNN or EIN:
BIDDER ADDRESS:
PURCHASE ORDER ADDRESS:
PHONE NUMBER:
COMPANY WEBSITE:
COMPANY CONTACT (REP):
CONTACT EMAIL ADDRESS:
SIGNATURE:
THE UNDERSIGNED:
A. Acknowledges receipt of:
1. ITB # 05-24-02 BI Pertaining To: Rough Cut Mowing & Tilling Services
2. Addenda:
Number: _________, Dated _________________.
Number: _________, Dated _________________.
B. Has examined the site and all ITB Documents and understands that in submitting its Bid, they waive all right to plead any
misunderstanding regarding the same.
C. Agrees:
1. To hold this Bid open for 90 calendar days after the Bid opening date.
2. To furnish the services specified in this ITB at the prices quoted in the Bid and in compliance with the ITB Documents.
3. To accept the provisions of the Instructions to Bidders.
4. To negotiate a contract with the CITY incorporating the Bid prices, if selected on the basis of this Bid.
5. To accomplish the work in accordance with the contract documents.
D. Certifies:
1. That all information contained in this Bid is truthful to the best of my knowledge and belief.
2. That I am duly authorized to submit this Bid on behalf of the Bidder and that the Bidder is ready, willing, and able to
perform if awarded the Bid.
Stipulated Amount
A. Submit on Cost Proposal Worksheet, Appendix A.
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
REFERENCE INFORMATION FORM
ITB # 05-24-02 BI
Rough Cut Mowing & Tilling Services
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:( )
Project Cost:
Date Performed:
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:( )
Project Cost:
Date Performed:
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:( )
Project Cost:
Date Performed:
Bidder Representative
Typed Name/Title:
Bidder Representative Signature:
Bidder:
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
INSURANCE REQUIREMENTS FORM
Insurance Type Required Limits
Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits
Employer’s Liability $1,000,000 each accident, single limit per occurrence
Commercial General
Liability
(Occurrence Form)
patterned after the
current ISO form
$1,000,000 single limit per occurrence
$3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products & Completed
Operations & Contractual Liability.
Indemnification
To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall
indemnify and hold harmless City of Winter Springs, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’
fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
the City of Winter Springs.
Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired;
Automobile Included.
Other
Bidder shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The same
Bidder shall provide the CITY with certificates of insurance meeting the required insurance provisions.
The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability
where required.
The Certificate Holder shall be named as City of Winter Springs.
Thirty (30) days cancellation notice required.
The undersigned Bidder agrees to obtain, prior to award, if selected, insurance as stated above.
Bidder
Authorized Signature
Officer Title
Date
498
ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a Bid for, or
enter into or renew a contract with the CITY for goods or services of:
a. Any amount if, at the time of submitting a Bid for, or entering into or renewing such contract, the Bidder is on the
Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel;
or
b. One million dollars or more if, at the time of bidding on, submitting a Bid for, or entering into or renewing such
contract, the Bidder:
Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to s. 215.473; or
Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any
scrutinized company referred to above. The Bidder must submit this required certification form attesting that it is not a
scrutinized company and is not engaging in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding body:
a. The Bidder is found to have submitted a false certification; been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;
b. Been placed on the Scrutinized Companies that Boycott Israel List or
c. Is engaged in a boycott of Israel; or
d. Been engaged in business operations in Cuba or Syria.
The CITY shall provide notice, in writing, to the Bidder of any determination concerning a false certification.
a. The Bidder shall have five (5) days from receipt of notice to refute the false certification allegation.
b. If such false certification is discovered during the active contract term, the Bidder shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false certification
was made in error.
c. If the Bidder does not demonstrate that the CITY’s determination of false certification was made in error then the
CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes.
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS
FORM AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and
b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel; and
c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this
solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List and, further, are not engaged in business operations in Cuba
or Syria; and
d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its
company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized
Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria.
STATE OF _________________________________
COUNTY OF _______________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online
notarization,
this ______ day of __________, 2024 by _____________________ the _________________ of
___________________________, a ________________________ (____) who is personally known to me or (_____) who
produced ______________________________________ as identification.
Notary Public: _________________________________________________________________
Print Name: _________________________________________________________________
My Commission Expires: _______________________________________________________
500
ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
NON-COLLUSION AFFIDAVIT of PRIME BIDDER
STATE OF
COUNTY OF
____________________________________, being duly sworn, deposes and says that:
(1) He/she is ___________________________ of ___________________________________
Title PROPOSER
The Bidder that has submitted the attached response.
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances
respecting such solicitation.
(3) Such Bid is genuine and is not a collusive or sham solicitation.
(4) Neither the Bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest
including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Bidder, firm or
person, to submit a collusive or sham response in connection with the ITB for which the attached Bid has been submitted
or to refrain from proposing in connection with such ITB, or has in any manner, directly or indirectly, sought by Agreement
or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached
Bid or of any other Bidder, or to fix any overhead, profit or cost element of the proposed price or the proposed price of
any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against
the City of Winter Springs, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or
unlawful Agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of
interest, including affiant.
(Signed) (Title)
STATE OF _______________________________________
COUNTY OF _____________________________________
The foregoing instrument was acknowledged before me this ____________________by
_____________________________,
who is (___) personally known to me or (___) who has produced _______________________________ as identification
and
who (did / did not) take an oath.
________________________________________ (Signature of Notary Public)
________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public
________________________________________ (Commission Number)
501
ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
DRUG FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
_____________________________________________________ does:
(Name of Bidder)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under contract a copy
of the Drug-Free statement.
4. Notify the employees that as a condition of working on the commodities or contractual services that are under
contract, employee will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program
if such is available in the employee’s community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
7. As the person authorized to sign the statement, I certify that this business complies fully with the above
requirements.
(Authorized Signature) (Date)
(Print/Type Name as Signed Above
502
ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
PUBLIC ENTITY CRIMES STATEMENT
SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
ADMINISTER OATHS.
1. This sworn statement is submitted with Bid for ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services.
2. This sworn statement is submitted by (Bidder) ___________________________ whose business address is
_____________________________________ and (if applicable) Federal Employer Identification Number (FEIN)
is _____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your
Social Security Number: ___________.
3. My name is ____________________ and my relationship to the Bidder named above is _____________________.
4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any state
or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or
services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or
a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or
nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:
A predecessor or successor of a person convicted of a public entity crime; or
An entity under the control of any natural person who is active in the management of the entity and who has been convicted of
a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by
one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of
equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that
one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the
preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods
or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management
of an entity.
directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn
statement. (Please indicate which statement applies)
____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees,
members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)
____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public
interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.)
____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the
Department of General Services.)
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
PUBLIC ENTITY CRIMES STATEMENT cont.
___________________________________________________________
Signature Date:
STATE OF __________________________________
COUNTY OF ________________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 2024, and is personally known to me, or
has provided ______________________ as identification.
____________________________________________ My Commission expires: ________________
Notary Public
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
E-VERIFY STATEMENT
Bid Number: ITB # 05-24-02 BI
Project Description: Rough Cut Mowing & Tilling Services
Bidder acknowledges and agrees to the following:
Bidder shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance
with the terms governing use of the system, to confirm the employment eligibility of:
1. All persons employed by the Bidder during the term of the Contract to perform
employment duties within Florida; and
2. All persons assigned by the Bidder to perform work pursuant to the contract with
the CITY.
Bidder: __________________________________________________________________
Authorized Signature: __________________________________________________________
Title: ________________________________________________________________________
Date: _______________________________________________________________________
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
CONFLICT OF INTEREST STATEMENT
This sworn statement is submitted with Bid for ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
This sworn statement is submitted by (Bidder) ___________________________________ whose business address is
__________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is
___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social
Security Number: ____________.)
My name is ________________________ and my relationship to theBidder named above is________________________.
1. The above-named Bidder is submitting a Bid for the City of Winter Springs.
2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her
own knowledge.
3. The Affiant states that only one submittal for the above Bid is being submitted and that the above-named
Bidder has no financial interest in other entities submitting Bids for the same project.
4. Neither the Affiant nor the above- named Bidder has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in
connection with the Bidder’s submittal for the above Bid. This statement restricts the discussion of pricing data
until the completion of negotiations if necessary and execution of the Contract for this project.
5. Neither the Bidder nor its affiliates, nor anyone associated with them, is presently suspended or otherwise
ineligible from participation in contract letting by any local, State, or Federal Agency.
6. Neither the Bidder nor its affiliates, nor anyone associated with them have any potential conflict of interest due to
any other clients, contracts, or property interests for this project.
7. I certify that no member of the Bidder’s ownership or management is presently applying for an employee
position or actively seeking an elected position with the City of Winter Springs.
8. I certify that no member of the Bidder’s ownership or management, or staff has a vested interest in any aspect of
the City of Winter Springs.
9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named
Bidder, will immediately notify the City of Winter Springs.
________________________________________________________
Signature Date:
STATE OF ____________________________
COUNTY OF __________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 2024, and is personally known to me, or
has provided ______________________ as identification.
________________________________________ My Commission expires: ____________________
Notary Signature
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
SMWBE UTILIZATION PLAN
Small, Minority, and Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization
Bidder Company Name: _________________________________________________________________
Project Name : Rough Cut Mowing & Tilling Services
RFP Number : ITB # 05-24-02 BI
CFR §200.321 requires local governments to take all necessary affirmative steps to assure that
minority business, women’s business enterprises, and labor surplus area firms are used when
possible. The CITY requires that Bidders (Prime Contractors), if subcontracts are to be let, to take
the five affirmative steps as cited below. Please describe your firm’s plan for identifying and
potential use of SMWBE and Labor Surplus Area Firms. Additional pages may be attached, as
necessary.
• Placing qualified small and minority business and women’s business enterprises on
solicitation lists.
• Assuring that small and minority businesses, and women’s business enterprises are
solicited whenever they are potential sources.
• Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority business and women’s business
enterprises.
• Establishing delivery schedules where the requirement permits, which encourage
participation by small and minority businesses, and women’s business enterprises and
veteran owned businesses.
• Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration or the Florida Office of Supplier Diversity
https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
Appendix A
COST PROPOSAL WORKSHEET
Irrigation System:
1) Inspection Cost $ _______________________
2) Repair Costs:
Labor Cost $ _______________/Hour
Material Cost Actual Cost + 15% Handling Fee
Bidders are invited to submit per unit pricing on any other optional/ancillary services which it offers and which may be of
interest to the CITY.
GROUP A Cost/Month
Owasco Ponds
Dayron Ponds
Site 17 Ponds * see note
Mt Greenwood Ponds
Site 16 Spray Fields * see note
Oak Forest Spray Fields
West Reclaim Plant
Water Plant 1 * Cost to include Monthly Irrigation System inspection
Greenbrier Easement Report & Perform Repairs - Cost (Material = cost + 15%)
Papaya Easements
Shore Easement
GROUP B Cost/Treatment
Owasco Pond 1
Owasco Pond 2
Owasco Pond 3
Owasco Pond 4
Dayron Pond 1
Dayron Pond 2
Dayron Pond 3
Dayron Pond 4
Dayron Pond 5
Site 17 Pond 1
Site 17 Pond 2
Site 17 Pond 3
Mt Greenwood Pond 1
Mt Greenwood Pond 2
Routine Treatment Rough Cut & Weed Eat Fenceline
March 1st - September 30th - Every 2 weeks
October 1st - Feb 28/29th - Monthly
Tilling services on an as ordered basis
3 business day advance notice
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
Appendix B
LOCATION DETAILS
Site/Location
GROUP A Acreage Fence Line (Feet)
Owasco Ponds 16.08 4,216
Dayron Ponds 7.79 3,392
Site 17 Ponds 2.61 2,858
Mt Greenwood Ponds 13.61 3,357
Site 16 Spray Fields 15.29 5,210
Oak Forest Spray Fields 35.25 5,315
West Reclaim Plant 7.78 8,546
Water Plant 1 6.39 6,000
Greenbrier Easement 0.79 1,362
Papaya Easements 4.45 4,505
Shore Easement 1.39 NA
GROUP B Acreage
Owasco Pond 1 1.59
Owasco Pond 2 1.92
Owasco Pond 3 1.27
Owasco Pond 4 1.19
Dayron Pond 1 1.58
Dayron Pond 2 1.71
Dayron Pond 3 1.47
Dayron Pond 4 1.24
Dayron Pond 5 2.16
Site 17 Pond 1 1.07
Site 17 Pond 2 1.58
Site 17 Pond 3 1.02
Mt Greenwood Pond 1 2.47
Mt Greenwood Pond 2 2.30
City of Winter Springs Mowing & Tilling Locations
Routine Treatment Rough Cut & Weed Eat Fenceline
March 1st - September 30th - Every 2 weeks
October 1st - Feb 28/29th - Monthly
Tilling services on an as ordered basis
3 business day advance notice
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
APPENDIX B (cont.)
Aerial Views
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
Appendix C
BID BOND FORM
KNOW ALL MEN BY THESE PRESENTS,that we, the undersigned,
as Principal, and
as Surety, are hereby and firmly bound unto the CITY OF
WINTER SPRINGS as OWNER, in the penal
sum of Dollars ($ ) for the
payments of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns.
The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF
WINTER SPRINGS a certain Bid, attached hereto and hereby made a part hereof to enter into a contract
in writing, for the Work described as:
Rough Cut Mowing and Tilling Services
NOW, THEREFORE, if the Principal shall not withdraw said Bid within 90 days after the opening of the
same, or in the alternate, if said Bid shall be accepted and the Principal shall execute and deliver required
certificates of insurance and a contract that, at minimum, includes the terms of the Form of Agreement
attached hereto (properly completed in accordance with said Bid), and shall give bond with good and
sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of
such contract, then this obligation shall be void; otherwise the same shall remain in force and effect and
the sum herein stated shall be due and payable to the CITY OF WINTER SPRINGS and the Surety herein
agrees to pay said sum immediately, upon demand of the CITY OF WINTER SPRINGS, in good and lawful
money of the United States of America, as liquidated damages for failure of the Principal; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in
no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall be in no way impaired or affected by an extension of the time within which the OWNER may
accept such Bid; and said Surety does hereby give waive notice of any such extension.
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ITB # 05-24-02 BI Rough Cut Mowing & Tilling Services
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their
several seals this day of , 2024, the name and corporate seal of
each corporate body being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
(Principal) (Seal)
(Title)
(Address)
(Surety) (Seal)
(Title)
(Address
(Witness)
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