SLED Opportunity · FLORIDA · CITY OF WINTER PARK

    Purchase & Delivery of Liquid Oxygen (Rebid)

    Issued by City of Winter Park
    cityIFBCity of Winter ParkSol. 253323
    Closed
    STATUS
    Closed
    due Apr 14, 2026
    PUBLISHED
    Apr 7, 2026
    Posting date
    JURISDICTION
    City of
    city
    NAICS CODE
    424690
    AI-classified industry

    AI Summary

    City of Winter Park seeks bids for purchase and delivery of approximately 1,500 tons of liquid oxygen annually to three water treatment plants. Vendors must have 5+ years experience, meet strict quality and safety standards, and comply with extensive insurance and regulatory requirements. Bids due April 14, 2026, via the City's Procurement Portal.

    Opportunity details

    Solicitation No.
    253323
    Type / RFx
    IFB
    Status
    open
    Level
    city
    Published Date
    April 7, 2026
    Due Date
    April 14, 2026
    NAICS Code
    424690AI guide
    State
    Florida
    Agency
    City of Winter Park

    Description

    The City of Winter Park ("City") is seeking bids from licensed vendors for the purchase, delivery, and unloading of liquid oxygen, on an as-needed basis for the City's three (3) water treatment plants.

    Vendors must have a minimum of five (5) consecutive years of experience in providing services similar in size and scope to this solicitation and must be an authorized distributor or manufacturer of liquid oxygen. Vendors must also possess and maintain all licenses, certifications, etc. that may be required by federal, state, and local law to furnish the goods and services contemplated herein.

    Project Details

    • Reference ID: IFB26-18
    • Department: Water & Wastewater Utilities
    • Department Head: Dave Zusi (Director)

    Important Dates

    • Questions Due: 2026-04-09T15:00:00.000Z

    Evaluation Criteria

    • Obtain Documents

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

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

    • General Description

      Vendor shall furnish all labor, materials, equipment, and incidentals necessary to provide, deliver, and transfer liquid oxygen to the City's storage tanks. The annual quantity for the three (3) treatment plants is approximately one thousand five hundred (1,500) tons.

    • Access to Records
      1. Vendor and its subcontractors agree to provide the City of Winter Park (“City”), the FEMA Administrator, any requesting Federal agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of Contractor and its subcontractors which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts, and transcriptions.
      2. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
      3. Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract.
    • General Only
      1. General Liability (occurrence) 
        1. $1,000,000 each occurrence 
        2. $2,000,000 general aggregate
    • Basis of Bids/Proposals

      The words “Bid” and “Proposal” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions. Respondent will include all cost items; failure to comply may be cause for rejection. No segregated bids or proposals or assignments will be considered. It is the intent of the City to promote competitive bidding.

      It shall be the Respondent’s responsibility to advise the Procurement Division of any language, requirements, etc., or any combination thereof, which the Respondent feels may inadvertently restrict or limit the requirements stated in the specifications to a single vendor or manufacturer. Such notification must be made in writing at least five (5) business days prior to the opening date and time of the bid.

    • DHS Seal, Logo and Flags

      Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

    • Standard
      1. General Liability (occurrence) 
        1. $1,000,000 each occurrence, 
        2. $2,000,000 general aggregate,
      2. Auto Liability (All-owned autos, hired autos, non-owned autos)
        1. $1,000,000 bodily injury per person,
        2. $2,000,000 bodily injury per accident,
      3. Workers Comp (WC Statutory Limits) 
        1. $500,000 EL each accident, 
        2. $500,000 EL disease-EA employee, 
        3. $500,000 EL disease-EA policy limit,

      Additional Requirements - Division Name: Procurement Vendors, 30 Days' Notice of Cancellation Required.

      Additional Requirements for General Liability - Additional Insured applies to General Liability, must provide a physical copy of the Additional Insured Endorsement for Ongoing and Completed Operations (CG 2010 0413 and CG 2037 0413 or their equivalent) in addition to the certificate of insurance, please confirm on the certificate or by uploading endorsement(s) that Additional Insured applies to this policy,

      Additional Insured Names: The City of Winter Park, Waiver of Subrogation, Primary Non-Contributory Language 

    • Bid Surety

      Each bid must be accompanied by the Respondent’s money order, cashier’s check, certified check, or bid bond made payable to the City of Winter Park in the amount of five percent (5%) of the amount of the bid. This amount will serve as bid surety and will be forfeited to the City as liquidated damages in the event an award is made, and the necessary contract documents and bonds are not promptly and properly executed as required. All bid surety monies submitted to the City will be held until the awarded bidder has submitted the proper paperwork. At such time as a contract satisfactory to the City has been completed with the Successful Respondent, bid surety will be returned to the unsuccessful Respondents.

    • Mandatory Pre-Bid Meeting

      A Mandatory Pre-Bid Meeting will be held at NO VALUE on NO VALUE located at:

      NO VALUE

      The purpose of this Pre-Bid Meeting is to review the requirements and specifications for the above. All interested parties are required to attend this meeting.

    • Technical Requirements
      1. Usage/Standard: Liquid Oxygen ("LOX") must contain no less than 99.5% purity by volume.
      2. The LOX must conform to the following quality requirements:
        1. LOX must be certified for use in ozone generators.
        2. The total hydrocarbon content (THC) of the delivered LOX must not exceed 25 ppm.
        3. The dew point of the LOX supplied must not be above -90⁰ F at standard atmospheric pressure.
        4. LOX must be approved for potable water treatment and meet American Water Works Association (AWWA) B304-18 (latest edition) “Liquid Oxygen for Ozone Generation for Water, Wastewater, and Reclaimed Water Systems”. LOX supplied under this contract must be an odorless, highly oxidizing, light blue, cryogenic liquid. The material must contain no soluble inorganic or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming the water or would render the water unfit for public use.
    • Additional Remedies

      In addition to any other remedies provided for in the Contract or to which City may be entitled at law or in equity, in the event of a breach or violation of the Contract by Contractor, Contractor shall be subject to debarment or suspension from consideration for the award of additional contracts from City, including but not limited to contracts related to disaster relief or recovery, pursuant to the terms and procedures set forth in Section 2-188 of the City Ordinance.

    • Delivery Locations

      Shipments will be delivered F.O.B. destination to the City of Winter Park location(s) listed below on an as-needed basis. All liquid oxygen tanks are nine thousand (9,000) gallons.

      Swoope Water Plant
      511 W Swoope Ave
      Winter Park, FL 32789

      Magnolia Water Plant
      1960 Magnolia Ave
      Winter Park, FL 32789

      Aloma Water Plant
      3400 Aloma Ave
      Winter Park, FL 32792

    • Professional

      All Standard requirements plus:

      1. Professional Liability 
        1. $1,000,000 each occurrence,
        2. Waiver of Subrogation,
        3. Primary Non-Contributory Language
    • Optional Pre-Bid Meeting

      An Optional Pre-Bid Meeting will be held at NO VALUE on NO VALUE located at:

      NO VALUE

      The purpose of this Pre-Bid Meeting is to review the requirements and specifications for the above.

    • Performance & Payment Bonds

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

    • Animal Liability Endorsement

      All Standard requirements plus:

      1. Animal Liability 
        1. $50,000 - $100,000 (Endorsement on GL), 
        2. $1,000,000 each occurrence, 
        3. Waiver of Subrogation,
        4. Primary Non-Contributory Language
    • Americans with Disabilities Act of 1990 (“ADA”)

      Contractor and, as required, its subcontractors shall comply with the ADA, the regulations of the Federal government issued thereunder, and assurance by the City of Winter Park pursuant thereto.

    • Submission of Supporting Documents

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

    • Delivery Requirements
      1. Vendor will schedule all deliveries with the City's Point of Contact ("POC").
      2. Vendor will only deliver goods Monday – Friday (excluding City holidays) between the hours 6:30 am and 2:00 pm. Any deliveries outside of these days and times must be agreed upon at least twenty-four (24) hours in advance by the City and coordinated with the Vendor and City prior to delivery.
      3. Vendor will deliver the LOX within forty-eight (48) hours of notification from the City. Vendor will make deliveries of LOX upon request in single-unit cargo trailers.
      4. Vendor will be responsible for properly pumping the LOX into City's 9,000-gallon storage tank and will provide all necessary hoses, fittings, pumps, etc. required to efficiently “offload” the LOX into the storage tanks. Vendor will use proper PPE while off-loading liquid oxygen.
      5. Delivery Documentation - Failure to provide the following documentation with each delivery may result in refusal of delivery:
        1. Product Safety Data Sheets (SDS) for the initial delivery at each water plant.
        2. Analysis Affidavit – The Vendor will furnish the City with an affidavit, signed by a corporate designated official, certifying that the product supplied by the Vendor complies with all applicable requirements of contract specifications.
        3. Guarantee Certificate – A guarantee certification from the product manufacturer indicating that the product meets or exceeds all provisions of NSF/ANSI Standard 60 certified product (latest edition).
        4. Weight Certificate
        5. All shipment containers must have markings, tags, labels, or serial numbers as required by the United States Department of Transportation (USDOT).
      6. Vendor will keep the City advised at all times of the status of deliveries. If a delay is foreseen, the Vendor will give immediate notice to the City's POC and reschedule the delivery by 2:00 pm on the originally scheduled delivery date. The rescheduled delivery will be made within one (1) business day unless otherwise mutually agreed to by both parties. Should Vendor fail to deliver the proper item(s)/service(s) at the time and place(s) contracted for, or within a reasonable period of time thereafter as agreed to in writing by the City, or should Vendor fail to make a timely replacement of rejected items/services when so required, the City may purchase items/services of comparable quality and quantity in the open market to replace the undelivered or rejected items/services. Vendor will reimburse the City for all costs in excess of the contract price when purchases are made in the open market; or, in the event that there is a balance the City owes to the Vendor from prior transactions, an amount equal to the additional expense incurred by the City as a result of the Vendor’s nonperformance will be deducted from the balance as payment. If the Vendor fails to notify the City of delayed shipments or fails to meet scheduled deliveries more than three (3) times within the contract term, it will be a basis for termination of the contract.
      7. Basis of Rejection: The City reserves the right to reject, at the Vendor's expense, any shipment which fails to meet contract specifications. The City reserves the right to test or have tested samples of any loads delivered. The independent testing laboratory will be chosen by the City. If such a test reveals that the material does not conform to the specifications, the Vendor will reimburse the City for all charges related to the testing and replace the entire delivery at no charge.
      8. Vendor will ensure all drivers delivering product under the contract possess and maintain all licenses, certifications, skills, etc. (as mandated by local, state, and federal laws) to safely transport and unload product.
      9. Equipment: All cargo trailers and appurtenant valves used for the delivery of the LOX will be in good mechanical order and will be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued. All appurtenant valves, pumps, and discharge hoses used for the delivery of LOX will be clean and free from contaminating material. Vendor will apply hand brakes on the delivery vehicle, and wheels will be chocked before any off-loading of product.
      10. Shipments: All shipments will be made in bulk form by pressure tank trucks. Vendor will have a minimum of two (2) delivery vehicles in operating order at all times available to provide product. Trucks will have the necessary pump for unloading into bulk storage tank(s). Vendor will provide the necessary fittings, hose, pumps, and accessories for connection to and filling of the bulk tank(s). Delivery vehicle must be of proper size to allow safe entry, exit, loading and unloading area.
      11. Spillage: In the event of a spill or leak, the Vendor will supply the necessary personnel to respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee "After Event" cleanup. Vendor will report any spillage to the City within six (6) hours of the occurrence and provide details of quantity and ultimate disposal methods. Spills or leaks of any type, caused by Vendor's employees or representatives, will be the sole responsibility of the Vendor, and any costs to properly clean up and repair resultant damages or any penalties assessed against Vendor or City because of pollution resulting from such spillage must be borne by the Vendor. Should a spill or leak occur, caused by the Vendor's personnel, equipment or method of delivery, Vendor must immediately comply with all applicable terms and conditions of the current version of Title III, Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.S. 11001, et seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, CH 252, Part II, Florida Statutes.
      12. The responsibility for compliance with Federal and State Rules and Regulations regarding Vendor-caused spills or releases will be the sole responsibility of the Vendor. The Vendor will hold the City of Winter Park harmless for any failure to properly report and/or comply with this provision.
    • Anti-Kickback

      If the Contract is for construction or repair, Contractor and its subcontractors shall comply with and shall take no action which would violate the Copeland "Anti-Kickback" Act (18 U.S.C. § 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3).

    • Social Engineering Endorsement

      All Standard requirements plus:

      1. Cyber Liability 
        1. $5,000,000, Endorsed to the Crime or Cyber policies - Min requirement $100,000. 
        2. Waiver of Subrogation,
        3. Primary Non-Contributory Language
    • Miscellaneous Requirements
      1. Vendor must provide thirty (30) days’ advance written notice to the City regarding any significant changes in the product manufacturing process or changes to the source of supply.
      2. If NSF certification has been revoked or lapsed, Vendor must inform the City (verbal or written notification) within twenty-four (24) hours from the time that NSF has notified the Vendor. Loss of NSF certification must be considered grounds for immediate termination of the contract.
      3. Chemical Warranty - Notwithstanding anything to the contrary heretofore or hereafter represented by either party to the other, Vendor warrants that each and every chemical substance sold or otherwise transferred by Vendor to the City as of the time of such sale or transfer, is on the list of chemical substances complied and published by the federal government pursuant to the Toxic Substance Control Act, (PL 94-469).
      4. Safety Training - Before the initial delivery to the plant site, the City of Winter Park will train all available drivers and supervisor(s) on site-specific safety and emergency policies. Thereafter, for the duration of the contract, the contract supply company will be responsible for training all new hires and ensuring current employees/drivers stay current on safety and emergency policies.
    • Bid Prices

      The Respondent warrants by virtue of bidding that the prices, terms, and conditions quoted in this bid will be firm for ninety (90) days from the date of the bid opening unless otherwise specified by the Respondent and shall not be amended after the date and time of the bid opening. Any attempt by a Successful Respondent to amend said bid prices except as otherwise provided herein shall constitute a default.

      Amounts specified herein are for fixed-price work or products, including all prices for equipment, labor, and materials required to perform the work or deliver the product(s) specified herein. The Respondent, having familiarized itself with the local conditions and conditions listed here, proposes to furnish all labor, materials, equipment and other items, facilities and services, without exception, for the proper execution and completion of the contract, and if awarded the contract, to complete the required work or deliver the required product(s) as specified within the bid/proposal package set forth by the City of Winter Park.

    • Emergencies
      1. Disaster means any large-scale event such as a hurricane, an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity which results in or has the potential to result in a significant loss of life or property.
      2. During and after a disaster, Vendor must provide special services to the City, including opening their facilities on nights and weekends as necessary to meet the needs of the City during a disaster.
      3. Vendor must not charge City any fee for opening facilities during an emergency or for extending Vendor's hours of operation during a disaster. City will pay Vendor the agreed-upon contract prices for all purchases made by City during the disaster, and Vendor will not charge City any additional markup, fee, or cost for any purchases made by City during a disaster.
      4. Vendor must quickly mobilize internal and external resources to assist City when a disaster unfolds.
      5. Extended hours and personnel. During disasters, Vendor's facilities must stay open twenty-four (24) hours if requested by the City. Vendor must utilize additional Vendor personnel to take City orders if necessary. Vendor's call center must accept phone orders twenty-four (24) hours a day.
      6. Vendor must have contingency plans with Vendor's suppliers to provide additional supplies and equipment quickly to City as needed.
      7. Vendor must cooperate with City to properly document any and all expenses incurred by City with Vendor and Vendor must assist City in meeting any and all documentation requirements of the Federal Emergency Management Agency (FEMA).
    • Delivery

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

    • Buy America Requirements

      For all types of work eligible for reimbursement under the Federal Highway Administration Emergency Relief Program or other federal Department of Transportation program, Contractor and, as required, its subcontractors shall comply with all applicable requirements contained in 23 C.F.R. § 635.410, copies of which are attached hereto and incorporated herein in Attachments section. Unless otherwise expressly permitted in City’s solicitation or in writing signed by City’s Procurement Manager, if steel or iron materials are to be used in the performance of work, domestic steel and iron must be used meeting the requirements of FHWA and all manufacturing processes, including application of a coating, for these materials must occur in the United States.

    • Marine & Pollution Coverage

      All Standard requirements and Professional Liability plus:

      1. Pollution / Environmental
        1. Insurance Letter 
        2. Occurrence 
        3. Policy Number
        4. Effective Date 
        5. Expiration Date 
        6. Each Occurrence $1,000,000 
        7. Aggregate $0, 
      2. Marine Coverage
        1. Minimum $1,000,000, 
        2. Waiver of Subrogation,
        3. Primary Non-Contributory Language
    • Electronic Responses Due

      Electronic responses must be submitted via the City's Procurement Portal by 11:00 am Tuesday, April 14, 2026. It is the Respondent’s responsibility to ensure that your proposal is submitted at the proper time to the City's Procurement Portal. Proposals that, for any reason, are not so submitted will not be considered. All proposals received after 11:00 am Tuesday, April 14, 2026 will not be accepted. Under no circumstances will City of Winter Park be responsible for late proposals or submissions.

      All proposals will be opened and acknowledged immediately following proposal due date and time. All proposals will be opened and acknowledged immediately following proposal due date and time. Pursuant to Florida Statute 119.071 (1)(b)1. a., sealed bids, electronic proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

    • Pricing Adjustments
      1. Adjustments to pricing shall result from increases at the manufacturer's level incurred after the contract commencement date, clearly identify the items impacted by the increase, and be accompanied by documentation acceptable to the City of Winter Park sufficient to justify the requested increase. This includes a certified letter from the LOX manufacturer showing the price increase to the Vendor and providing a basis for the requested increase, such as fuel increases or other demonstrable circumstances. The City will be the sole judge as to the acceptability of sources.
      2. Acceptance of a request will be at the sole discretion of the City.
      3. Price increases will not be considered before the end of the first term of the Contract. Approved price adjustments shall remain unchanged for at least twelve (12) months thereafter unless due to extraordinary circumstances as documented by the Vendor and concurred with by the City. A written request for a price adjustment, with proper documentation, shall be submitted a minimum of thirty (30) calendar days in advance of a proposed effective date. An approved price increase will become effective upon execution of the Contract amendment. Retroactive price increase adjustments will not be considered.
      4. If Vendor receives any price decreases from the manufacturer of the product, Vendor shall notify the City within twenty-four (24) hours of such price decrease and pass the price decrease on to the City. Failure to reach agreement on a request to increase or decrease price(s) can, at the sole option of the City, result in termination of the Agreement for cause.
    • Contract Term

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

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

    • Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

      Contractors who apply or bid for an award of one hundred thousand dollars ($100,000) or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

    • Cyber Coverage

      All Standard requirements plus:

      1. Cyber Liability 
        1. $5,000,000, 
        2. Waiver of Subrogation,
        3. Primary Non-Contributory Language
    • Invoicing & Payment

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

    • Contract Work Hours and Safety Standards Act

      If the Contract is a construction contract in excess of two thousand dollars ($2,000) or any other type of contract which involves the employment of mechanics or laborers in excess of two thousand five hundred dollars ($2,500), Contractor and its subcontractors shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 3702 and § 3704) as supplemented by Department of Labor regulations (29 C.F.R. Part 5). To the extent that such statutes and regulations apply and require the inclusion of any language into the Contract, such language shall be deemed included and made a part of the Contract as if fully reproduced therein.

      1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
      2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph A of this section, Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States, or in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph A of this section, in the sum of ten dollars ($10) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph A of this section.
      3. Withholding for unpaid wages and liquidated damages. The city shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph B of this section.
      4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts.

      The prime contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in graphs A through D of this section.

    • Crime Coverage

      All Standard requirements plus:

      1. Crime Liability
        1. $5,000,000
    • City is Not an Administrative Agency

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

    • Visa Acceptance

      The City of Winter Park has implemented a purchasing card program, using the Visa platform. Successful Respondent may receive payment from the City via purchasing card in the same manner as other Visa purchases. Visa acceptance is preferred but is not the exclusive method of payment.

    • Convicted Vendor List

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

      Contractor shall immediately notify City in writing and cease all work, or cause the applicable subcontractor to cease all work, in the event that it or a subcontractor is placed on the convicted vendor list.

    • Preparation of Bids

      Bids shall be submitted using the Procurement Portal unless otherwise requested within the specification. Complete each item requested and submit one (1) original electronic copy in the City's Procurement Portal. Bids shall be submitted electronically by the Respondent where the Respondent is a corporation, limited partnership, limited liability company, or entity other than an individual. A Respondent may be requested to present evidence of its experience and qualifications and the entity's financial ability to carry out the terms of any resulting contract.

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

    • Pollution & Hazardous Materials

      All Standard requirements and Professional Liability plus:

      1. Pollution / Environmental
        1. Insurance Letter 
        2. Occurrence 
        3. Policy Number
        4. Effective Date 
        5. Expiration Date 
        6. Each Occurrence $10,000,000 
        7. Aggregate $0, 
        8. Waiver of Subrogation,
        9. Primary Non-Contributory Language
    • Personal Auto
      1. General Liability (occurrence) 
        1. $1,000,000 each occurrence,
        2. $2,000,000 general aggregate,
        3. Personal Auto - min $100,000
    • Taxes

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

    • Davis-Bacon Act

      If the Contract is a construction contract in excess of two thousand dollars ($2,000) and if required by the applicable federal grant program legislation, Contractor and its subcontractors shall comply with the provisions of the Davis-Bacon Act (40 U.S.C. § 276a to § 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5). The wage rate tables set forth on Florida Department of Transportation’s website located at https://www.fdot.gov/construction/wage.shtm are hereby incorporated herein by this reference. For purposes of clarification and mutual understanding, the Davis-Bacon Act does not apply to debris removal agreements unless done in conjunction with a construction project.

    • Bid Submittal

      Bids shall be submitted directly to the City's Procurement Portal. Submit bid in accordance with the instructions listed herein regarding the time and date required. Responses received after the time requirement will not be opened and will not be considered for award. It is the Respondent’s sole responsibility to be sure its response is submitted to the City's Procurement Portal by 11:00 am Tuesday, April 14, 2026. The City will not be responsible for any bid submitted incorrectly or formatting errors.

      All bids must be prepared and submitted in accordance with the instructions provided in this Invitation for Bid ("IFB"). Each bid received will be reviewed to determine if it is responsive to the submission requirements outlined in the IFB. A responsive bid follows the requirements of the IFB, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments required. Failure to comply with these requirements may deem your bid non-responsive.

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

    • Mistakes

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

    • Debarment & Ineligibility

      Contractor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Contractor shall not employ any subcontractor that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Contractor shall include such requirement in writing in its subcontracts. In the event that Contractor or any of its subcontractors becomes debarred, suspended, proposed for debarment, ineligible or excluded from performing any work hereunder, Contractor shall immediately cease, or cause its sub-contractor to cease all work and notify City in writing. Contractor and its subcontractors shall each execute and submit to City prior to performing any work hereunder a debarment certification in the form and content set forth in the Contract solicitation or as otherwise specified by City.

    • Minors
      1. General Liability
        1. $1,000,000 each occurrence
        2. $2,000,000 general aggregate
        3. Including Additional Insurance, 
        4. Waiver of Subrogation
        5. 30 Days' Notice of Cancellation Required.
      2.  Professional Liability
        1. Minimum limit of $1,000,000 including minimum limit of $100,000 for Physical Abuse Coverage, 
      3. Statutory Work Comp - $100,000/$500,000/$100,000, or an Exemption with the State is also acceptable if applicable. 
      4. Waiver of Subrogation
    • Minor Informalities or Irregularities in Bids

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

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

      2. Sign its bid, but only if:

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

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

      3. Acknowledge receipt of an amendment to an invitation for bids, but only if:

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

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

    • Armed
      1. General Liability
        1. $1,000,000 each occurrence
        2. $2,000,000 general aggregate
        3. Including Additional Insurance, 
        4. Waiver of Subrogation
        5. 30 Days' Notice of Cancellation Required.,
      2. General Liability must NOT contain the Firearms or Weapons Exclusion, 
      3. Auto Liability 
        1. $1,000,000 Combined Single Limit,
      4. Workers’ Compensation
        1. Employers Liability $1,000,000/$1,000,000/$1,000,000,
        2. Waiver of Subrogation
      5. Crime: Money and Securities
        1. [Double the limit requirement of what/amount they will be carrying for the city.] 
        2. Waiver of Subrogation
    • Disadvantaged Business Enterprise Program

      Successful Contractor must meet FEMA procurement and contracting requirements. It shall be the responsibility of the successful Contractor to ensure compliance with any and all Federal, State and local laws and standards required as a condition of receiving public assistance funding for contract costs for eligible work, including conducting all necessary affirmative steps to ensure the utilization of disadvantaged business enterprises when possible. If you have any questions regarding this information, please contact City’s Procurement Division at 407-643-1627.

    • Contract Award

      The City reserves the right to:

      • award by individual item, aggregate, or none, or any combination thereof;
      • award to one or more suppliers;
      • cancel the bid;
      • reject any or all bids;
      • waive any minor informalities or technicalities in responses received, as may be deemed in the best interest of the City in the City’s sole discretion.

      The City reserves the right to award the contract to the lowest responsive, responsible Respondent who submits a bid meeting specifications in a way deemed most advantageous and the best value to the City in the City’s sole discretion. The City further reserves the right to consider matters such as, but not limited to, the quality offered, delivery terms, and service reputation of the vendor in determining the most advantageous bid. The City reserves the right to demand additional information or clarification with respect to any bid or submission from one or more Respondents, with such a request being furnished to all Respondents. Failure to respond or to provide adequate information in response shall be grounds for disqualification in the sole discretion of the City. Information received upon such a request for additional information or clarification may be relied upon by the City in determining the most advantageous bid for purposes of making an award.

    • Discriminatory Vendor List

      In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 Contractor under a contract with any public entity and may not transact business with any public entity. In addition, an entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or has further been determined by the federal or Florida Department of Transportation to be a non-responsible contractor may not submit a bid, or other response to a solicitation, or perform work for the construction or repair of a public building or public work on a contract with City. Contractor shall immediately notify City in writing and cease all work, or cause the applicable subcontractor to cease all work, in the event that it or a subcontractor is placed on the discriminatory vendor list or had its Certificate of Qualification suspended, revoked, denied or has been determined by the federal or Florida Department of Transportation to be a non-responsible contractor or Contractor.

    • Energy Efficiency

      Contractor and its subcontractors shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the State of Florida energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871).

    • Contract Terms at Variance with This Document, Bid or Specifications

      This formal solicitation expressly limits acceptance to the terms of this document. If the Respondent submits a bid that contains additional terms and conditions then, at the option of the City, it may award the contract to such Respondent but without the contractual terms that were included in the bid and which are inconsistent with or different from the language in this invitation, and the bid specifications and this document so long as the bid is otherwise responsive to this document and the bid specifications with the inconsistent language stricken. The Respondent hereby agrees that by making a bid based upon this invitation, that any term or condition inconsistent with this document or the bid specifications shall be null, void and stricken by the City. Without limitation, the following contract terms and provisions shall be deemed inconsistent and will be stricken:

      1. Any provision that changes the venue for any type of dispute resolution to a location outside of Orange County, Florida.
      2. Any provision that applies the law of any jurisdiction other than the law of Florida.
      3. Any provision that provides for a dispute resolution method other than resolution in the court of appropriate jurisdiction and venue (although non-binding mediation in Orange County, Florida using a mutually agreed mediator will not be deemed inconsistent). Dispute resolution through arbitration or through any other tribunal court of appropriate jurisdiction and venue (in Orange County, Florida).
      4. Any provision that provides for attorneys’ fees to the prevailing party in any litigation between or among the parties is inconsistent and shall be stricken.
      5. Any provision that limits the remedies and warranties available to the City under applicable provisions of Florida law shall be inconsistent and stricken. Although the Uniform Commercial Code and Florida law will allow for limitation of warranties and remedies, such limitations are also inconsistent with the intent of this formal solicitation and will be stricken from the contract if awarded. It is the intent of the parties that the City shall reserve all of its rights of warranty and remedies available to the fullest extent under Florida law, without limitation.
      6. Any provision that alters the risk of loss and/or FOB point of responsibility with respect to goods in transit that are inconsistent with the provisions of this document or the bid specification shall be inconsistent and stricken.
      7. Any provision that provides for the City to hold harmless and indemnify another party shall be inconsistent with this formal solicitation and stricken.
      8. Any provision that, to any extent, waives, alters or modifies, or purports to do so, the sovereign immunity rights of the City shall be deemed to be inconsistent with this formal solicitation and shall be stricken.
      9. Any bid that purports to establish a lien or security interest in any property sold by the vendor or any other property of the City shall be deemed unlawful and inconsistent with this formal solicitation and stricken.
      10. Any term that is proposed that would alter the rate of interest and terms for payment in a manner inconsistent with this formal solicitation shall be deemed to be stricken although to the extent the Florida Prompt Payment Act applies, that statute shall govern, with the City reserving all rights under such Act.
      11. Any provision that purports to establish liability against the City for any indirect, incidental, special, or consequential damages, included but not limited to, delay damages.
    • Modifications & Withdrawals

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

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

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

    • Clean Air Act
      1. If the Contract is in excess of one hundred thousand dollars ($100,000), Contractor and its subcontractors shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C § 7401 et seq.
      2. Contractor agrees to report each violation to City and understands and agrees that City will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
      3. Contractor agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance provided by FEMA.
    • Disqualifications

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

    • Federal Water Pollution Control Act
      1. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
      2. Contractor agrees to report each violation to City and understands and agrees that City will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
      3. Contractor agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance provided by FEMA.
    • Bid Costs

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

    • Equal Employment Opportunity

      Contractor shall comply with Section 13.36(e) of Title 44 of the Code of Federal Regulations entitled, “Emergency Management and Assistance.” In addition, if the Contract is a construction contract in excess of ten thousand dollars ($10,000), Contractor and its subcontractors shall also comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 C.F.R. chapter 60). To the extent that such Orders and regulations apply and require the inclusion of any language into the Contract, including but not limited to the language contained in 41 C.F.R. 60-1.4(b) and 60- 4.3 if required, such language shall be deemed included and made a part of the Contract as if fully reproduced therein.

    • Protests & Procurement Policy

      If a protest is filed, it shall be in accordance with the procedures outlined for bid protests in the City’s Procurement Policy. The Procurement Policy is incorporated herein by reference and is available online at the City of Winter Park Procurement Division website. In the event of any inconsistency or ambiguity between the terms of the Procurement Policy as compared with the terms of this document and the specifications at issue, the terms of this document and the specification at issue shall govern and control.

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

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

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

    • E-Verify Program

      Contractor shall utilize the U.S Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to verify the employment eligibility of all new employees hired by Contractor during the term of the Contract.

      In addition, Contractor shall require any subcontractors performing work or providing services pursuant to the Contract to verify the employment eligibility of all new employees hired by the subcontractor during the term of the Contract. Contractor shall provide to City, within thirty (30) days of the effective date of this Contract, documentation of such enrollment in the form of a copy of the E-Verify “Edit Company Profile” screen”, which contains proof of enrollment in the E-Verify Program (this page can be accessed from the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s homepage).

      Contractor further agrees that it will require each subcontractor that performs work under this Contract to enroll and participate in the E-Verify Program on the same terms as Contractor. Contractor shall obtain from its subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to City upon request.

    • Agreement

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

    • Fees & Commissions

      Contractor warrants that it has not:

      1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration any company or person, other than bona fide personnel working solely for Contractor, to solicit or secure this Contract;
      2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this Contract; and
      3. that it has not paid, or agreed to pay, or given or offered any fee, contribution, donation, commission, percentage, brokerage, consideration, gift, loan, or anything of value (“Value”) to any person, company, corporation, individual, organization or firm, other than bona fide personnel working solely for Contractor, in connection with, consideration for, or contingent upon, or resulting from the award or making of this Contract.

      Contractor further warrants and agrees that no member of, or delegate to, the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. It is understood and agreed to by Contractor that, for the breach or violation of this paragraph, City shall have the right to immediately terminate this Contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover, the full amount of any Value.

    • FHWA Requirements

      or all types of work eligible for reimbursement under the Federal Highway Administration Emergency Relief Program or other federal Department of Transportation program, Contractor and, as required, its subcontractors shall comply with all applicable requirements contained in FHWA Form 1273, a copy of which is attached hereto and incorporated herein in the attachments section.

    • Use of Other Contracts

      The City of Winter Park reserves the right to utilize, including but not limited to “piggybacking,” any applicable State of Florida contract, city or county governmental agencies contract or Central Florida Purchasing Cooperative contract, if in the best interest of the City.

    • Hurricane & Disaster Relief Funding

      As a result of hurricanes or other natural or man-made disasters (“Disaster Events”), the City of Winter Park has or may in the future apply to the State of Florida or Federal government for funds which will be used to pay Contractor or reimburse City for payments made to Contractor under the Contract, including but not limited to funds from the Federal Highway Administration (“FHWA”) Emergency Relief Program and from the Federal Emergency Management Agency (“FEMA”) under its public assistance program. The selected Contractor shall be familiar with and comply with: (i) all laws, rules, regulations and programmatic requirements of the FHWA Emergency Relief Program for eligible costs incurred thereunder with respect to work related to federal-aid highways and roads; and (ii) all laws, rules, regulations and programmatic requirements of the FEMA public assistance program for all other Disaster Events related work, including work related to federal-aid highways and roads not otherwise eligible for payment or reimbursement under the FHWA Emergency Relief Program, unless otherwise directed by City.

    • Public Entity Crimes

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

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

    • Certificate of Insurance

      The Successful Respondent and any subcontractors of the vendor shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City. The City of Winter Park has contracted with myCOI to track and establish insurance compliance with the contract terms. If awarded a contract, the Successful Respondent shall be required to register with myCOI. Respondent must submit certificates or other documentary evidence to the City via myCOI, attesting to insurance coverage for Workers’ Compensation Insurance as required by the Florida Statutes, Public Liability, Property Damage Insurance, Professional Liability Insurance in the amount of one million dollars ($1,000,000), and other requirements, as summarized on and in the amounts specified on the attached Summation of Insurance Requirements. The Successful Respondent shall not commence work under any agreement until obtaining all insurance coverage under this section and until the City has approved such insurance.

      The City of Winter Park shall be included as an Additional Insured on all certificates and policies pertaining to this project, except for Workers’ Compensation and Professional Liability Insurance policies. Insurance companies must be licensed to do business in the State of Florida with a Best’s Key Rating Guide rate of no less than “A”. This information will be verified in the City’s discretion, and it may be grounds for disqualification if the information is not in order.

    • Indemnity of Funding Entities

      Contractor agrees to indemnify and hold harmless the State of Florida, the Federal Government and its agencies, including but not limited to the Federal Highway Administration and the Federal Emergency Management Agency, and the City of Winter Park, and their officers, agents, employees and elected officials, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys’ fees for trial and appeal, and for the preparation of same arising out of Contractor’s, its officers’, agents’, employees’ and subcontractors’ acts or omissions associated with this Contract.

    • Licenses, Permits and/or Fees

      It shall be the sole responsibility of the Contractor to obtain and maintain, in good standing, any and all licenses as required to perform the Services at no additional cost to the City. It shall be the sole responsibility of the Contractor to obtain any and all necessary permits required to perform the Services. In the event they cannot be waived by the City, any and all costs incurred due to Project-specific permits and related fees required to perform the Services, as directed by the City, shall be handled as a pass-through cost to be paid by the Contractor and invoiced to the City at no additional cost.

    • Interest in Contract

      No member, officer, or employee of the Florida Department of Transportation or City during his or her tenure or for two years thereafter shall have any interest, direct or indirect, in the Contract or the proceeds thereof. Contractor shall insert the above sentence in each of its subcontracts.

    • Lobbying Activities

      Firms responding to or receiving an award for this solicitation shall comply with 44 C.F.R., Part 18 regarding lobbying activities on federal-aid contracts. Firms responding to this solicitation should execute and return with their response an executed copy of Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts in the Vendor Questionnaire Section. A contract shall not be awarded to a respondent who does not submit the certification form at the time of submittal or within seven (7) days of the date City requests the certification form be submitted.

    • Termination/Cancellation of Contract

      The City reserves the right to cancel the contract, at any time, without cause and without penalty, with a minimum thirty (30) days written notice. Termination or cancellation of the contract will not relieve the Respondent of any obligations for any deliveries entered into prior to the termination of the contract (i.e. reports, statements of accounts, etc., that are required and not received). Termination or cancellation of the contract will not relieve the Respondent of any obligations or liabilities resulting from any acts committed by the Successful Respondent prior to the termination of the contract.

    • Termination for Default

      The City’s Procurement Division shall notify, in writing, the Respondent of deficiencies or default in the performance of its duties under the Contract, via email, or otherwise, to the address provided by the Successful Respondent in its proposal. Three (3) separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specified elsewhere in the solicitation, whether or not the Respondent has received notice of those instances of deficiency. It shall be at the City’s sole discretion whether to exercise the right to terminate. Respondent shall not be found in default for events arising due to reasons classifiable under the category of Force Majeure.

    • National Environmental Policy Act

      For all types of work eligible for reimbursement under the Federal Highway Administration Emergency Relief Program or other federal Department of Transportation program, Contractor and, as required, its subcontractors shall coordinate with the City of Winter Park and the Florida Department of Transportation to ensure compliance with the requirements of National Environmental Policy Act of 1969.

    • Prohibition on Convict Labor

      For all types of work eligible for reimbursement under the Federal Highway Administration Emergency Relief Program or other federal Department of Transportation program, Contractor and, as required, its subcontractors shall comply with the convict labor prohibition in 23 U.S.C. 114. Convict labor cannot be used in Emergency Relief construction projects.

    • Termination for City’s Convenience

      The performance of work under this contract may be terminated in accordance with this clause in whole or from the time in part whenever a City representative shall determine that such termination is in the best interest of the City. Any such termination shall be communicated by the delivery via email or otherwise to the address provided by Successful Respondent in its response of a Notice of Termination specifying the extent to which the performance of work under the contract is terminated and the date upon which such termination becomes effective. Upon such termination for convenience, Successful Respondent shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date, and the City shall have no other obligations to Successful Respondent. Successful Respondent shall be obligated to continue the performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date.

    • Post Award Termination

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

    • Record Retention

      Contractor and its subcontractors shall retain all records related to the Contract for five (5) years after receipt of final payment under the Contract and all other pending matters related to the Contract are closed. If any litigation, claim or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. Notwithstanding the preceding for work performed related to a disaster event for which City has applied for reimbursement or funding from FHWA or FEMA, all records shall be retained for the longer of the period set forth above or five (5) years from the date of final closeout of the disaster by the federal agency.

    • Drug-Free Workplace

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

    • Reporting Requirements: Patent & Copyrights

      Contractor and its subcontractors shall comply with and the Contract is subject to the requirements and regulations of FHWA, FEMA, and the State of Florida, Department of Community Affairs, pertaining to:

      1. reporting;
      2. patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Contract; and
      3. to copyrights and rights in data, applicable to contracts subject to payment or reimbursement from funding made pursuant to a Disaster Relief Funding Agreement, or similar agreement, with City. The federal awarding agency and, if applicable, any intermediary state agency, and City shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for governmental purposes (i) the copyright in any work developed under a grant, sub-grant, or contract under a grant or sub-grant, and (ii) any rights of copyright to which a grantee, sub-grantee or a contractor purchases ownership with grant support.
    • Rights to Inventions Made Under a Contract or Agreement

      Contractor shall comply with the standards and policies regarding patent rights contained in 37 C.F.R. 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements.”

    • Indemnification

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

      Successful Respondent agrees to indemnify and hold harmless the City, its employees, and elected and appointed officials and officers from all claims, judgments, damages, losses, and expense, including reasonable attorneys’ fees, experts’ fees and litigation costs incurred at all trial and appellate levels with attorneys and experts selected by the City, arising out of or resulting from the performance or nonperformance of the work or services provided within the scope of this Agreement to the extent caused in whole or part by any negligence, recklessness, or intentional wrongful misconduct of the Successful Respondent or persons employed or utilized by the Successful Respondent in the performance of any services or work rendered under this Agreement. If the type of services or work being performed under this Agreement require a maximum monetary limit of indemnification under general law, then the maximum monetary limit under this section and other indemnifications contained within this Agreement shall be two million dollars ($2,000,000) per occurrence, which the City and Successful Respondent agree bears a commercially reasonable relationship to this Agreement; otherwise, there is no maximum limit of indemnification.

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

      In the event these indemnification provisions or any other indemnification provision of the Agreement is deemed inconsistent with any statutory provision or common law principle, such indemnification provisions shall be severable and survive to the greatest extent possible to protect the City and the City’s employees and elected and appointed officials and officers under Florida law. The required indemnifications shall survive the termination, cancellation, or expiration of the Agreement and shall not be limited by reason of any insurance coverage.

    • Compliance with Federal Law, Regulations, and Executive Orders

      Contractor acknowledges that FEMA financial assistance will be used to fund the contract only. Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

    • Accidents & Claims

      The Successful Respondent shall be held responsible for all accidents and shall indemnify, hold harmless, and protect the City from all suits, claims, and actions brought against the City or its officials, representatives, agents, officers, and employees, and all costs, damages, or liabilities to which the City or its officials, representatives, agents, officers, and employees may be put or exposed, for any injury or alleged injury to the person(s) or property(s) of another resulting from negligence or carelessness in the performance of the work, or in the protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work, or otherwise related to the project (see Summation of Insurance Requirements).

    • Laws & Regulations

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

      The Successful Respondent is assumed to have made itself familiar with all Federal, State, Local, and Municipal laws, codes, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work or the materials or equipment used in or upon the work, or in any way affect the work or services. No plea of misunderstanding will be considered an excuse for the ignorance thereof.

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

      All responses, questions, and conversations are public information, including any literature or handouts at any subsequent presentations. All submittals are subject to the Florida Public Records Act, Chapter 119, Florida Statutes. The tender of a proposal authorizes the release of all of your company’s information as submitted.

    • No Obligation by Federal Government

      The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

    • Communications

      To ensure fair consideration for all prospective Respondents throughout the duration of the formal solicitation process, the City prohibits communication, whether direct or indirect, regarding the subject matter of the IFB or the specifications by any means whatsoever, whether oral or written, with any City employee, elected official, selection committee member, or representative of the City, from the date of first publication or issuance of the specifications until the Commission makes the award. Communications initiated by a Respondent may be grounds for disqualifying the offending Respondent from consideration for award of the bid or any future bid.

      The sole exception to the foregoing rule is that any questions relative to the interpretation of specifications or the bid process may be submitted using the project page. Questions of a material nature must be received no later than five (5) business days from the date and time of the public opening.

    • Program Fraud and False or Fraudulent Statements or Related Acts

      Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Contractor’s actions pertaining to this contract.

    • Subcontracting & Payment to Subcontractors

      Contractor shall self-perform such percentage of the work related to a Disaster Event as may be required by the state or federal program providing reimbursement. Unless otherwise authorized by City in writing, for all types of work eligible for reimbursement under the Federal Highway Administration Emergency Relief Program or other federal Department of Transportation program, in accordance with the provisions of 23 C.F.R. 635.116, Contractor shall perform a minimum of thirty percent (30%) of all such work. With respect to all work under the Contract, Contractor shall pay each of its subcontractors, including DBE subcontractors, for all work satisfactorily performed within thirty (30) days from receipt of billing by the subcontractor, not contingent upon payment from City. Contractor further agrees to return retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City.

    • Cone of Silence

      A Cone of Silence/Lobbying Blackout Period begins upon issuance of a solicitation. For awards requiring City Commission approval, the Cone of Silence/Lobbying Blackout period concludes at the meeting, during which the City Commission will be presented the award(s) for approval or a request to provide authorization to negotiate a contract. However, if the City Commission refers the item back to the City Manager and/or Procurement Division for further review or otherwise does not take action on the item, the Cone of Silence/Lobbying Blackout Period will be reinstated until such time as the City Commission meets to consider the item for action. The Cone of Silence/Blackout Period for award requiring the City Manager's approval concludes upon issuance of a Notice of Intent to Award.

    • Addenda

      When questions arise that may affect the bid, the answers will be distributed in the form of an Addendum, which will be posted on the City’s Procurement Portal. All Respondents should check the City’s Procurement Portal or contact the City’s Procurement Division at least five (5) business days before the date fixed to verify information regarding Addenda. The City, in its sole discretion, may delay and change the scheduled due dates indicated herein. Addenda information can be downloaded by visiting the City of Winter Park Procurement Portal and selecting “Addenda & Notices”. It is the sole responsibility of the Respondent to ensure they obtain information related to Addenda. Unless otherwise specified, all addenda must be acknowledged via the City's Procurement Portal to be considered responsive. Failure to acknowledge all addenda may result in the disqualification of the bid response.

    • Completion Time

      This project shall be substantially completed and certified in accordance with law as substantially complete within ten (10) calendar days after the date of the City’s Notice to Proceed. Failure to achieve substantial completion within this number of calendar days following issuance of the Notice to Proceed will result in an assessment of liquidated damages of one thousand dollars ($1,000) per day for each day following the required deadline for achieving substantial completion that the Successful Respondent fails to achieve substantial completion.

      Within thirty (30) calendar days after achieving substantial completion and certification thereof, the Successful Respondent must achieve final completion in accordance with law. Failure to achieve final completion within thirty (30) calendar days following the substantial completion of the project as certified, shall result in the imposition of liquidated damages in the amount of one thousand dollars ($1,000) per day until final completion is certified.

      The parties agree that these liquidated damages are not a penalty. The parties also agree that the amount of actual damages that would be suffered by the City of Winter Park for failure to achieve substantial and final completion is speculative as of the date of the contract and that the liquidated damages provided for in this document are a reasonable approximation of the actual damages that would be suffered by the City of Winter Park upon such failure to timely complete the project.

    • Suspension & Debarment
      1. This Contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such Contractor is required to verify that none of Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
      2. Contractor must comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
      3. This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
      4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
    • Subcontractors

      The Successful Respondent shall not employ subcontractors without the advance written permission of the Project Manager. The Successful Respondent shall be fully responsible for the services and work provided by a subcontractor under the terms of this formal solicitation. The Successful Respondent agrees that any employee or agent of the Respondent and any agent/employee of a subcontractor to the Respondent shall be removed from the City jobsite or City premises upon request by the Project Manager or designee.

      Such request will only be issued to remove a person if the Procurement Manager or designee has a reasonable basis, as determined in their discretion, that the presence of such person on City property or at a City jobsite is not in the best interest of the City, or its employees, guests, visitors, or citizens. Additionally, a person may be directed to be removed if the person is reasonably deemed to be under the influence of drugs or alcohol or is behaving in any manner reasonably determined to be unacceptably disruptive or in violation of any criminal or civil law or regulation as reasonably determined by the City.

    • Assignability

      Assignment of the contract, or any portion of the contract, cannot be made without the advance written consent of the City.

    • Waiver, Alterations, Consent & Modification

      No waiver, alterations, consent, or modification of any of the provisions of the resulting contract shall be binding unless in writing and signed by the City Manager, Assistant City Manager and/or City Commission.

    • Prohibition on Contracting for Covered Telecommunications Equipment or Services
      1. Definitions. As used in this clause, the terms backhaul, covered foreign country, covered telecommunications equipment or services, interconnection arrangements, roaming, substantial or essential component, and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause.
      2. Prohibitions.
        1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
        2. Unless an exception in paragraph (c) of this clause applies, the Contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
          1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
          2. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
          3. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
          4. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
      3. Exceptions.
        1. This clause does not prohibit Contractors from providing:
          1. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
          2. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
        2. By necessary implication and regulation, the prohibitions also do not apply to:
          1. Covered telecommunications equipment or services that:
            1. Are not used as a substantial or essential component of any system; and
            2. Are not used as critical technology of any system.
          2. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
      4. Reporting requirement.
        1. In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
        2. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
          1. Within one (1) business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
          2. Within ten (10) business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
      5. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
    • Fiscal Year Funding Appropriations

      Specific Period: Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period (October 1 through September 30), at the time of contract. Payment and performance obligations for succeeding fiscal periods and any renewals are subject to appropriation by City Commission of funds prior to entering an agreement.

    • Domestic Preference for Procurements

      The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 

    • No General City Obligation

      In no event shall any obligation of the City under any resulting agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City, or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds.

    • Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods

      When funds are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal period, the resulting contract may be canceled by the City, and the Successful Respondent will be entitled to reimbursement for the reasonable value of any nonrecurring costs incurred but not advertised in the price of the supplies delivered under the contract, renewal or otherwise recoverable.

    • Proprietary Information

      In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all Respondents should be aware that the Invitation to Bid and the responses thereto are in the public domain. However, the Respondents are requested to identify specifically any information contained in their response that they consider confidential, trade secrets, and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting or confidentiality laws that apply.

    • Compliance

      All companies doing business with the City must do so in the English language and make bids or other money quotations in United States currency. There shall be no customs, duties or import fees added to the cost shown in the response. In the event of any legal disputes, the laws of the State of Florida and, where appropriate, the United States of America shall prevail. The venue for any court proceedings arising out of or related to this IFB or any resulting contract or purchase shall be in a court of competent jurisdiction in Orange County, Florida.

    • Equal Opportunity Employment

      The Successful Respondent agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision will include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

      Each employee of the Successful Respondent shall be a citizen of the United States or an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card. The Successful Respondent agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 USC 4082)(c)(2), or most recent.

      By entering into this Contract, the Respondent becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Pursuant to § 448.095(2)(d), Florida Statutes, any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Respondent, the Respondent may not be awarded a public contract for a period of one (1) year after the date of termination. Failure to abide by § 448.095, Florida Statutes, makes the Respondent liable for any additional costs incurred by the City as a result of the termination of the Contract pursuant to such statute.

    • Fair Labor Standards Act

      Successful Respondent is required to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended from time to time.

    • Unauthorized Aliens

      The City shall consider the employment by the Successful Respondent of unauthorized aliens as a violation of Section 274A(e) of the Immigration and Nationalization Act, as amended, and shall be considered a basis for the determination by the City of a non-responsive bid. This requirement shall be contained in any contract executed pursuant to this IFB.

    • False Claims

      If the Successful Respondent is unable to support any part of its claim and it is determined that such inability is attributable to misrepresentations of fact or fraud on the part of the Respondent, the Respondent shall be liable to the City for an amount equal to such unsupported part of the claim in addition to all costs to the City attributable to the cost of reviewing said part of Respondent’s claim. The City and Successful Respondent acknowledge that the Florida False Claims Act provides civil penalties of not more than ten thousand dollars ($10,000) plus remedies for obtaining treble damages against contractors or persons causing or assisting in causing Florida Governments to pay claims that are false when money or property is obtained from a Florida government by reason of a false claim. Respondent agrees to be bound by the provisions of the Florida False Claims Act for purposes of any resulting agreement, and the work or services performed hereunder.

    • Reductions in Work

      The City shall have the sole right to reduce or eliminate, in whole or in part, the Scope of Services, any Project, or any Service Authorization at any time and for any reason, upon written notice to the Successful Respondent specifying the nature and extent of the reduction. In such event, the Respondent shall be fully compensated for the work or services already performed, including payment of all Project-specific fee amounts due and payable prior to the effective date stated in the City’s notification of the reduction. The Respondent shall also be compensated for the work or services remaining to be done and not reduced or eliminated on the Project. However, Respondent will not be entitled to compensation for services or work not performed or that are eliminated from any resulting agreement relating to this IFB by City.

    • Disclaimer of Liability

      The City will not hold harmless or indemnify any Respondent or any of its agents, employees, or persons or entities acting on behalf of or at the direction of Respondent for any liability whatsoever.

    • Sovereign Immunity Reserved

      The City reserves and does not waive any and all defenses provided to it by the laws of the State of Florida or other applicable law, and specifically reserves and does not waive the defense of sovereign immunity or any other privilege, immunity or defense afforded by law to the City and its employees, officials, and officers, including but not limited to, such sovereign immunity protections set forth in Section 768.28, Florida Statutes.

    • Compliance with Occupational Safety & Health

      Respondent certifies that all material, equipment, etc., contained in this formal solicitation meets all Occupational Safety and Health Administration (“OSHA”) requirements. Respondent further certifies that if awarded as the successful qualifier, and the material, equipment, etc. delivered is subsequently found to be deficient in any OSHA requirement in effect on the day of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Respondent certifies that all employees, subcontractors, and agents shall comply with all OSHA and state safety regulations and requirements.

    • Severability

      If any term, provision, or condition contained in this IFB or in any resulting agreement relating thereto shall, to any extent, be held invalid against public policy or otherwise unenforceable by a court of law, the remainder of this IFB or any resulting agreement relating thereto, or the application of such term or provision shall otherwise be fully enforceable.

    • Public Records

      For any resulting agreement relating to this IFB, the Successful Respondent shall be required to abide by the following provisions as to Florida’s Public Records Law and requirements as set forth in Chapter 119, Florida Statutes: Successful Respondent acknowledges and agrees that the City is a public entity that is subject to Florida’s public records laws and as such, documents in Successful Respondent’s control and possession, including sub-Respondents or subcontractors, relating to the Project and work and services performed for the City are subject to inspection pursuant to Chapter 119, Florida Statutes, unless otherwise exempt, excepted, or a record does not meet the definition of a public record under applicable law. In accordance with section 119.0701, Florida Statutes, Successful Respondent specifically agrees it shall:

      1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service or the work for the project;
      2. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or otherwise provided by law;
      3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and
      4. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of Successful Respondent upon termination of the resulting agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to City in a format that is compatible with the information technology systems of the City.

      It is further agreed that any record, document, computerized information and program, e-mail, electronic file, memo, drawing, audio or video tape, photograph, or other writing of the Successful Respondent and its employees, sub-Respondents and associates related, directly or indirectly, to the resulting agreement, are likely considered to be Public Records whether in the possession or control of the City or the Successful Respondent, including sub-Respondents and subcontractors, unless an exemption or exception under applicable law applies. Such records, documents, computerized information and programs, e-mails, electronic files, memos, drawings, audio or video tapes, photographs, or other writings of the Successful Respondent are subject to the provisions of Chapter 119, Florida Statutes, and applicable retention schedules, and may not be destroyed without the specific written approval of the City Clerk. While in the possession and control of the Successful Respondent, all public records shall be secured, maintained, preserved, and retained in the manner specified pursuant to the Public Records Law.

      Upon request by the City, the Successful Respondent shall, at its expense, within three (3) business days, supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with the resulting contract shall, at any and all reasonable times during the normal working hours, be open and freely exhibited to the City for the purpose of examination and/or audit. Since the City’s documents are of utmost importance to the conduct of City business, and because of the legal obligations imposed upon the City and Successful Respondent by the Public Records Law, Successful Respondent agrees that it shall, under no circumstances, withhold possession of any public records, including originals, copies or electronic images thereof when such are requested by the City, regardless of any contractual or other dispute that may arise between Successful Respondent and the City. Successful Respondent hereby indemnifies the City concerning any claims, damages, suits, judgments, losses, expenses, and penalties arising out of or concerning Successful Respondent’s and its sub-Respondents’ and subcontractors’ violation of Public Records Law or this section, including for the City’s attorneys’ fees and costs at all trial and appellate levels.

      IF THE SUCCESSFUL RESPONDENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL RESPONDENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK, CITY OF WINTER PARK, 401 SOUTH PARK AVENUE, WINTER PARK, FLORIDA 32789; EMAIL ADDRESS: CITYCLERK@CITYOFWINTERPARK.ORG; TELEPHONE NUMBER: (407) 599-3277.

      Additionally, the Successful Respondent shall maintain books, records, documents, time and cost accounts, and other evidence directly related to its provision or performance of work or services under any resulting agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles.

      The Successful Respondent shall maintain and allow access to the records required under this section for a minimum period of five (5) years after the completion of the provision or performance of work or services under any resulting agreement relating to this IFB and the date of final payment for said work or services, or date of termination of this Agreement.

      The City reserves the right to unilaterally terminate any resulting agreement if the Successful Respondent refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the Successful Respondent in conjunction, in any way, with any resulting agreement or this IFB.

      If Federal, State, County, or other entity funds are used for any services or work under any resulting agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida or the County of Orange, or any representative, shall have access to any books, documents, papers, and records of the Successful Respondent which are directly pertinent to services or work provided or performed under any resulting agreement for purposes of making audit, examination, excerpts, and transcriptions.

      The Successful Respondent agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.

    • Counterparts

      This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document.

    • Lien

      No lien or security interest in any City property may be created in relation to this Agreement.

    • Authority to Bind City

      No officer or employee has the authority to bind the City to the terms of this formal solicitation. A majority vote of a quorum of the members of the City Commission present at a duly noticed meeting held in accordance with Section 286.011, Florida Statutes (the Florida Sunshine Law), shall be required to bind the City to the terms of this formal solicitation. This provision shall not apply to the extent that a particular procurement or type of purchase may be entered by the City Manager pursuant to an Ordinance of the City.

    • Breach

      Notwithstanding any limitation of warranty or remedy, the City reserves all remedies available under Florida law in the event of a breach of the terms of this IFB. Without limitation, it will be a material breach if the Successful Respondent delivers non-conforming goods or goods or services not reasonably fit for the intended purpose.

      Notwithstanding any limitation of warranty, the Successful Respondent warrants that the goods and/or services sold or provided to the City will be fit and useful for the intended purpose for which such goods and/or services were sold or provided to the City and the Successful Respondent warrants that the goods and/or services are in conformance with the representation made during the IFB process or are of a quality consistent with the prevailing standard for similar goods and services in the commercial market.

      Unless otherwise prohibited by law, in the event the Successful Respondent is terminated or removed from further work by the City for a default in the performance under the resulting agreement, the City may, without commencing a new competitive procurement process and without waiving any rights or remedies against the defaulting Respondent, contract with the next highest ranked Respondent that is ready, willing, and able to complete the work or services if such is determined by the City to be in the City’s best interest.

    • Limitations on Damages

      If the Successful Respondent is delayed in completing its services or work through no fault or negligence of its own and, as a result, will be unable to complete performance fully and satisfactorily under the provisions of any resulting agreement relating to this IFB or any services authorization, then, in the City's reasonable discretion, and upon the submission to the City of evidence of the causes of the delay, the Respondent may be granted an extension of its Project schedule equal to the period the Respondent was actually and necessarily delayed, as Respondent’s sole and exclusive remedy. In no event shall the City be liable to the Respondent for damages caused by delays, impacts, disruption, acceleration, resequencing, mobilization, demobilization, remobilization, and/or interruptions, regardless of the cause. Respondent expressly agrees that the foregoing constitutes its sole and exclusive remedy for delays in performance of the work or services, and Respondent expressly waives any and all other remedies for any claim for increase in any resulting agreement relating to this IFB’s contract price or sum, damages, expenses, losses, or additional compensation. Any submission to this IFB shall be an indication that Respondent has considered normal local weather conditions (daily and monthly variations) for the previous ten (10) years from the date of the submission as compiled by the National Weather Service and measured at the Orlando International Airport. Respondent should consider and include the impact of weather conditions and inclement weather, including but not limited to the possibility of hurricanes and tropical storms and related adverse weather conditions common to Central Florida, for purposes of any construction scheduling, sequencing, and similar items in preparation of a submission. No claims shall be made or allowed upon the schedule impact or requirements of mobilization, demobilization, or remobilization due to local weather conditions.

      In no event shall the City be liable for any indirect, incidental, special damages, delay damages, or consequential damages, including but not limited to, loss of profits, loss of revenue, or loss of use, or cost of cover incurred by Successful Respondent or any third parties arising out of the agreement and/or concerning the performance of services by the Successful Respondent or by the City under the agreement or under a services authorization issued under the agreement.

    • Ethics

      The Successful Respondent shall not engage in any action that would create a conflict of interest in the performance of the actions of any City official, officer, employee, or other person during the course of performance of, or otherwise related to, this IFB or any resulting agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. Respondent hereby certifies that no officer, agent, or employee of the City has any material interest (as defined in Section 112.312 (15), Florida Statutes), over five percent (5%), either directly or indirectly, in the business of the Respondent to be conducted here, and that no such person shall have any such interest at any time during the term of any resulting agreement. Respondents shall warrant that they have not employed or retained any company or person other than a bona fide employee working solely for Respondent to solicit or secure any resulting agreement relating to this IFB and that Respondent has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Respondent, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of any resulting agreement relating to this IFB. For the breach or violation of this provision, the City shall have the right to terminate the resulting agreement without liability.

    • Dispute Resolution

      Dispute resolution shall be by pre-suit mediation and litigation held in Orange County, Florida. Mediation shall be initiated by any party by serving a written request for the same on the other party. The parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator, then the City shall select the mediator who, if selected solely by the City, shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until:

      1. the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference; or
      2. sixty (60) days has elapsed since the written mediation request was made in the event the other party refuses to or has not committed to attend mediation.

      The parties shall share the mediator’s fee equally. If pre-suit mediation does not resolve the dispute, then the dispute shall be resolved by litigation before the County Court or Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. Each party shall bear its own costs and fees in any mediation and litigation arising out or concerning the Agreement, except as may be allowed pursuant to an indemnification provision of the Contract.

    • Procurement Decision

      The City reserves the right to make an award consistent with the maximum discretion afforded to the City under Florida law with regard to municipal procurement. The City shall have the right to select who, in the opinion of the City, will be in the best interest of and/or the most advantageous to the City. The City also reserves the right to reject any Respondent who has previously failed in the proper performance of a contract or to deliver on time contracts of a similar nature or who, in the City’s opinion, is not in a position to perform properly under this award. Additionally, the City reserves the right to reject all Respondents and to resolicit, or not, in its sole discretion. A decision to terminate the solicitation process may be made at any time before the City enters into a contract with a Respondent.

      A recommendation of contract award does not constitute a contract. The award of contract to a Respondent is subject to City Commission approval and the execution of an Agreement with terms acceptable to the City. The City staff makes recommendations to the City Commission, and the City Commission ultimately has the authority to award contracts, including the right to re-rank Respondents differently than recommended by the City staff.

    • Scrutinized Companies

      Generally. Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with a local governmental entity for goods or services of: any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or one million dollars ($1,000,000) or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company 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 Section 215.473, Florida Statutes; or
      • is engaged in business operations in Cuba or Syria.
      • A violation of this subsection shall constitute grounds for the City to reject any bid or proposal submission and shall constitute grounds for the City to immediately terminate any resulting contract or agreement relating to same.

      Contract or renewal of contract for goods or services of one million dollars ($1,000,000) or greater. Bidder expressly agrees that, pursuant to Section 287.135, Florida Statutes, the City shall have the exclusive right, at the City’s option, to immediately terminate any contract for goods or services of one million dollars ($1,000,000) or more that is renewed or entered into on or after July 1, 2018, if the Bidder:

      • submits a false certification as attached herein or as may be otherwise required under Section 287.135(5), Florida Statutes;
      • is currently or has been subsequently placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or
      • is currently or has been determined to be engaged in business operations in Cuba or Syria.

      Contract or renewal of contract for goods or services of any amount. Bidder expressly agrees that, pursuant to Section 287.135, Florida Statutes, the City shall have the exclusive right, at the City’s option, to immediately terminate any contract for goods or services of any amount that is renewed or entered into on or after July 1, 2018, if the Bidder is:

      • found to have been placed on the Scrutinized Companies that Boycott Israel list; or
      • is engaged in a boycott of Israel.

      False certification. If the Bidder submits a false certification as may be required under Section 287.135, Florida Statutes, then the City shall have all remedies afforded by law, including but not limited to, the filing of a civil action as authorized in Section 287.135(5), Florida Statutes, which expressly authorizes the payment of certain penalties, all reasonable attorneys’ fees and costs incurred by the City, and all costs for investigations that led to the finding of false certification.

    • Electronic Signatures

      In accordance with Section 668.001 through 668.06, Florida Statutes, the City will accept electronically filed and signed documents in regard to the execution of solicitations, contracts, and contract-related documents meeting the requirements as stated in the City’s Procurement Policy.

    • Independent Contractor

      Successful Respondent is, and shall be, in the performance of all work, services, and activities set forth in this IFB, an independent contractor and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed as set forth herein or relating to this IFB or as part of any resulting agreement regarding this IFB shall at all times and in all places be subject to Respondent’s sole direction, supervision, and control.

      The Respondent shall exercise control over the means and manner in which it and its employees perform the work or services, and in all respects, the Respondent’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City. The Respondent does not and shall not have the power or authority to bind the City in any promise, agreement, or representation except as may be otherwise expressly provided herein.

    • Tobacco-Free Campus

      Successful Respondent agrees that the performance of all work and services for the City shall be tobacco-free. Accordingly, Successful Respondent agrees that all of Successful Respondent’s employees, agents, and those performing work and services for the City at the Successful Respondent’s direction or control shall refrain from utilizing tobacco in any form within or about any City parking lots, parks, break areas, worksites, and any other public property during the term of this Agreement. Successful Respondent agrees that this is a material term of this Agreement, and the City shall have all available applicable remedies under Florida law in the event that this provision is violated, up to and including termination of this Agreement. For purposes of this subsection, the term “tobacco” shall include, but not be limited to:

      1. Smoking or inhaling from pipes, cigars, cigarettes, cigarillos, any form of rolled tobacco, vaping, or e-cigarettes; and
      2. Utilizing chewing tobacco, plug tobacco, dip or other smokeless tobacco, snuff, or any other form of leaf tobacco product.
    • Background Check Verification

      Successful Respondent agrees to perform a Level I (Past 5 years) FDLE Computerized Criminal History (CCH) (FDLE CCH Website) background check in accordance with all applicable state and local laws on any assignee being assigned and prior to assignment with the City. All background checks shall be accomplished prior to any assignment or work taking place on City property. The cost of the background checks shall be borne by the Respondent. Respondent will certify that, in accordance with Section 837.06, Florida Statutes, whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of their official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.

    • Title IV Compliance

      Title VI of the Civil Rights Act, 42 USC 2000, provides in Section 601, that “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.” Respondent, for itself, its delegates, successors-in-interest, its assigns, and its subcontractors, and as a part of the consideration hereof, does hereby covenant and agree that:

      1. it shall comply with Section 601 of Title VI of the Civil Rights Act, 42 USC 2000, set forth above;
      2. it shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract and shall carry out the applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. The failure by Respondent to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as City deems appropriate as set forth below; and
      3. in the furnishing of services to City hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to this Contract on the grounds of such person's race, color, creed, disability, national origin, religion or sex.

      In the event of a breach of any of the nondiscrimination and other covenants described in this paragraph, such breach shall constitute a breach of this Contract and City shall have the right to immediately terminate this Contract in whole or in part, without liability, or seek such other remedies as City deems appropriate, including but not limited to suspension or debarment from future City contracts. In addition to City, the United States shall also have the right to enforce such laws and regulations. This nondiscrimination is in agreement with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 42 USC 2000d to 2000d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Department of Transportation. Disadvantaged business enterprises are defined in 49 CFR Part 26. Respondent shall require that all of its subcontractors agree and comply with the requirements of this paragraph.

    • ADA Compliance

      Respondent shall ensure that any and all deliverables provided to the City and the public, including any and all services provided on behalf of the City, complies with the applicable provisions of the Americans with Disabilities Act and any regulations promulgated pursuant thereto. For the purposes of this paragraph, services or deliverables offered via the internet or intranet, in digital format, or via another online or software platform must comply with WCAG 2.0 AA in order to be deemed ADA compliant. Respondent agrees to indemnify, defend, and hold the City harmless from and against any damages, sanctions, penalties, or awards claimed or awarded against the City, which claims, sanctions, penalties, or awards arise from or in connection with the acts or omissions of the Respondent in providing services and deliverables in accordance with this paragraph.

    Submission Requirements

    • Pricing Proposal (required)

      The respondent hereby declare that we have carefully examined the location of the proposed Work and have read and examined the IFB documents, including all plans, specifications, and all addenda, if any, for the Purchase & Delivery of Liquid Oxygen (Rebid) Project:

      In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price, and the bidder agrees to be bound by such recalculation. Final payment shall be determined by the City from measured quantities of work performed based on the unit price.

    • Federal Provision Forms (required)

      Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

    • Statement of E-Verify Requirements Compliance (required)

      By confirming, I, the duly authorized representative/agent of the firm I am representing for this bid hereinafter referred to as Successful Respondent, by this Affidavit attest to the following:

      The Successful Respondent acknowledges that Section 274A of the Immigration and Nationalization Act and other relevant provisions of law prohibit the employment of unauthorized aliens; that the U.S. Department of Homeland Security has established an E-Verify System that allows employers to verify employee eligibility in an efficient manner; and that the Office of the Governor of the State of Florida has issued Executive Order 11-116, encouraging public agencies not under the control of the Governor to include as a provision of contracts for the provision of goods or services a requirement that contractors and subcontractors utilize the E-Verify System to verify employee eligibility. Successful Respondent hereby affirms and agrees that Successful Respondent is in compliance and shall at all times comply with Section 274A of the Immigration and Nationalization Act and other provisions of law with respect to the hiring of unauthorized aliens. Successful Respondent shall verify the eligibility of its current and prospective employees utilizing the U.S. Department of Homeland Security’s E-Verify System during the term of this Agreement. Successful Respondent shall include in all contracts with subcontractors related to this Agreement a provision requiring the subcontractor to comply with Section 274A of the Immigration and Nationalization Act and other provisions of law with respect to the hiring of unauthorized aliens and to verify the employment eligibility of all the subcontractor’s current and prospective employees using the U.S. Department of Homeland Security’s E-Verify System. The Successful Respondent shall maintain records showing its compliance with the requirements of this paragraph, and shall provide copies of all such records to the City upon request. Failure to comply with any requirement of this paragraph shall constitute a breach of this Agreement for which the City may immediately terminate the Contract without penalty. In the event of such breach or termination, the Successful Respondent shall be liable to the City for any costs incurred by the City as a result of the breach.

      IN ACCORDANCE WITH § 837.06, FLA. STAT., SUCCESSFUL RESPONDENT ACKNOWLEDGES THAT WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN WRITING WITH THE INTENT TO MISLEAD A PUBLIC SERVANT IN THE PERFORMANCE OF HIS OR HER OFFICIAL DUTY SHALL BE GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE, PUNISHABLE AS PROVIDED IN § 775.082 OR § 775.083, FLA. STAT.

    • Sworn Statement Under Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes (required)

      Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

    • Affidavit of No Coercion (required)

      Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

    • Affidavit of Compliance with Section 287.138, Florida Statutes (required)

      Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

    • Drug-Free Workplace Statement (required)

      By confirming, the Respondent, in accordance with Florida Statute 287.087 hereby certifies that the firm they are representing for this bid does the following:

      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.

      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.

      Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the Drug-Free statement.

      Notify the employees that as a condition of working on the commodities or contractual services that are under bid, employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no lo contendere to, any violation of Chapter 1893 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.

      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.

      Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

      As the person authorized to sign the statement, I certify that this business complies fully with the above requirements.

    • Public Records Act/Chapter 119 Requirements (required)

      By confirming, the Successful Respondent agrees to comply with the Florida Public Records Acts to the fullest extent applicable and shall, if this engagement is one for which services are provided by doing the following:

      1. Successful Respondent shall keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service;
      2. Successful Respondent shall provide the public with access to such public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes or as otherwise provided by law;
      3. Successful Respondent shall ensure that public records that are exempt or that are confidential and exempt from the public record requirements are not disclosed except as authorized by law; and
      4. Successful Respondent shall meet all requirements for retaining public records and transfer to the public agency, at no cost, all public records in possession of the Successful Respondent upon termination of the contract and shall destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City.

      The parties agree that if the Successful Respondent fails to comply with a public records request, then the City must enforce the contract provisions in accordance with the contract and as required by Section 119.0701, Florida Statutes. Notwithstanding any other requirement herein stated, the Successful Respondent shall comply fully with the requirements of Florida Statutes 119.0701.

    • Background Check Verification (required)

      SECTION 1: REQUIREMENTS

      The Respondent shall agree to the following:

      1.1 Respondent shall perform a Level I (Past 5 years) FDLE Computerized Criminal History (CCH) (FDLE CCH Website) background check in accordance with all applicable state and local laws on any assignee being assigned and prior to assignment with the City. All background checks shall be accomplished prior to any assignment or work taking place on City property. The cost of the background checks shall be borne by the Respondent.

      1.2 If the Respondent has employed officials who have a current Level 2 Background Screening, which was completed by a local government, school board, or the Florida High School Activities Association, the Respondent agrees to provide a list of those officials to the City.

      1.3 Respondent agrees to make its officials sign a sworn statement affirming that they have not pled guilty to or been convicted of any of the crimes listed in Section 2: Prohibited Offenses prior to any assignment. This information shall always be kept current. The Respondent shall be in complete compliance within thirty (30) days after award.

      1.4 Respondent shall require its officials to report to the City immediately if they have been convicted of any of the crimes listed in Section 2: Prohibited Offenses. Respondent/Vendor shall not use that official unless they have been cleared of the crime.

      SECTION 2: PROHIBITED OFFENSES

      Respondent certifies that its officials/employees have not been arrested with disposition pending or found guilty of, regardless of adjudication, or entered a plea of nolo contender or guilty to or have been adjudicated delinquent, and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction for any of the offenses listed below:

      • Section 393.135 - sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct
      • Section 394.4593 - sexual misconduct with certain mental health patients and reporting of such sexual misconduct
      • Section 415.111- adult abuse, neglect, or exploitation of aged persons or disabled adults or failure to report of such abuse
      • Section 741.28 - criminal offenses that constitute domestic violence, whether committed in Florida or another jurisdiction
      • Section 782.04 - murder
      • Section 782.07 - manslaughter, aggravated manslaughter or an elderly person or disabled adult, or aggravated manslaughter of a child
      • Section 782.071 - vehicular homicide
      • Section 782.09 -killing an unborn quick child by injury to the mother
      • Chapter 784 - assault, battery, and culpable negligence, if the offense was a felony 
      • Section 784.011 - assault, if the victim of offense was a minor
      • Section 784.03 - battery, if the victim of offense was a minor
      • Section 787.01 - kidnapping
      • Section 787.02 - false imprisonment
      • Section 787.025 - luring or enticing a child
      • Section 787.04(2) - taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceeding
      • Section 787.04(3) - carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person
      • Section 790.115(1) - exhibiting firearms or weapons within 1,000 feet of a school
      • Section 790.115(2) (b) - possessing an electric weapon or device, destructive device, or other weapon on school property
      • Section 794.011 - sexual battery
      • Former Section 794.041 - prohibited acts of persons in familial or custodial authority
      • Section 794.05 - unlawful sexual activity with certain minors
      • Chapter 796 - prostitution
      • Section 798.02 - lewd and lascivious behavior
      • Chapter 800 - lewdness and indecent exposure
      • Section 806.01 - arson
      • Section 810.02 - burglary
      • Section 810.14 - voyeurism, if the offense is a felony
      • Section 810.145 - video voyeurism, if the offense is a felony
      • Chapter 812 - theft and/or robbery and related crimes, if a felony offense
      • Section 817.563 - fraudulent sale of controlled substances, if the offense was a felony
      • Section 825.102 - abuse, aggravated abuse, or neglect of an elderly person or disabled adult
      • Section 825.1025 - lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult
      • Section 825.103 - exploitation of disabled adults or elderly persons, if the offense was a felony
      • Section 826.04 - incest
      • Section 827.03 - child abuse, aggravated child abuse, or neglect of a child
      • Section 827.04 - contributing to the delinquency or dependency of a child
      • Former Section 827.05 - negligent treatment of children
      • Section 827.071 - sexual performance by a child
      • Section 843.01 - resisting arrest with violence
      • Section 843.025 - depriving a law enforcement, correctional, or correctional probation officer means of protection or communication
      • Section 843.12 - aiding in an escape
      • Section 843.13 - aiding in the escape of juvenile inmates in correctional institution
      • Chapter 847 - obscene literature
      • Section 874.05 (1) - encouraging or recruiting another to join a criminal gang
      • Chapter 893 - drug abuse prevention and control only if the offense was a felony of if any other person involved in the offense was a minor
      • Section 916.1075 - sexual misconduct with certain forensic clients and reporting of such sexual conduct 
      • Section 944.35 (3) - inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm
      • Section 944.40 - escape
      • Section 944.46 - harboring, concealing, or aiding an escaped prisoner
      • Section 944.47 - introduction of contraband into a correctional facility
      • Section 985.701 - sexual misconduct in juvenile justice programs
      • Section 985.711 - contraband introduced into detention facilities

      SECTION 3: CERTIFICATION

      I hereby certify that I will utilize the FDLE Computerized Criminal History (CCH) system in accordance with the terms governing the use of the system to confirm the eligibility of the individuals being assigned and prior to assignment with the City. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes.

    • By confirming, the Respondent attests to their authority to execute this submittal and to bind the company herein named to perform as per agreement. Further, by confirming, the Respondent attests to the following: (required)
      • The Respondent is financially solvent and sufficiently experienced and competent to perform all of the work required of the Respondent in the contract;
      • The facts stated in the Respondent’s response pursuant to this Invitation for Bid are true and correct in all respects;
      • The Respondent has read and complied with, and submits their response agreeing to all of the requirements, terms and conditions as set forth in the Invitation for Bid;
      • Respondent will supply all labor, materials, equipment and supplies as set forth in this Invitation for Bid;
      • Respondent understands that all information listed above may be checked by the City of Winter Park, and Respondent authorizes all entities or persons listed in submittal to answer any and all questions. Respondent hereby indemnifies the City of Winter Park and the persons and entities listed above and holds them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information pursuant thereto.

      Respondent agrees to provide myCOI with all necessary insurance documents. Respondent verifies that the following email address is current, monitored, and is acceptable for City use.

    • Type of Bid Surety (required)
    • A Copy of the Bid Surety (required)
    • Proof of Insurance (required)

      Respondent shall ensure that all subconsultants and/or subcontractors comply with the same insurance requirements that he/she is required to meet. Respondent shall provide the City via myCOI with certificates of insurance meeting the required insurance provisions.

      The City of Winter Park must be included as an ADDITIONAL INSURED on the Insurance Certificate for Commercial General Liability where required.

      The Certificate Holder shall be named as City of Winter Park.

    • W-9 Form (required)

      Please upload your current W-9.

    • Non-Collusion Statement (required)
      1. He/she is the representative of the firm, the Respondent who has submitted the attached response.
      2. He/she is fully informed respecting the preparation and contents of the attached solicitation and of all pertinent circumstances respecting such solicitation.
      3. Such solicitation is genuine and is not a collusive or sham solicitation.
      4. Neither the said Respondent 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 respondent, firm or person, to submit a collusive or sham response in connection with the Agreement for which the attached response has been submitted or to refrain from bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other responder, firm or person to fix the price or prices in the attached solicitation or of any other respondent, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other responder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Park, Florida, or any person interested in the proposed Agreement.
      5. The price or prices quoted in the attached response are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties of interest, including the affiant.
    • Redacted Bid containing any information deemed confidential?

      If your response contains any information deemed confidential, provide an additional redacted version of your response labeled “Redacted”. An electronic copy shall be in Microsoft Word or Adobe – the most recent software version.

    • Authorized Signatory
    • Name and Title of the Authorized Signatory (required)
    • By clicking confirm, the authorized signatory is confirming that they are authorized to bind the entity to the contract. (required)
    • Will there be a Pre-Bid Meeting? (required)
    • Will attendance need to be optional or mandatory? (required)
    • Will this result in a single award or multiple awards? (required)
    • Please describe how the work will be divided among the vendors. (required)
    • Is this a construction project? (required)
    • Provide the substantial completion timeframe. (required)
    • Provide the final completion timeframe. (required)
    • Provide how much liquidated damages will be. (required)
    • Does IFB require a Bid Surety bond? (required)

      Bid must be accompanied by the respondent’s money order, cashier’s check, certified check, or bid bond

    • Bid Surety % (required)

      Please enter the Bid Surety percentage or dollar amount.

      Example: five percent (5%) of the amount of the bid

    • Does IFB require a Performance & Payment (P&P) bond? (required)

      The P&P Bond shall be furnished in the amount equal to one hundred percent (100%) of the annual contract price, in such a form as the City may prescribe and with a surety company acceptable to the City.

    • Insurance Requirements (required)

      Consultant shall ensure that all subconsultants and/or subcontractors comply with the same insurance requirements that he/she is required to meet. Consultant shall provide the City via myCOI with certificates of insurance meeting the required insurance provisions.

      The 'Organization Name must be included as an ADDITIONAL INSURED on the Insurance Certificate for Commercial General Liability where required.

      The Certificate Holder shall be named as 'Organization Name.

    • Are federal provisions applicable to this project? (required)
    • Vendor Type (required)
    • Will you be using other contracts (including piggybacking) for this IFB? (required)

    Key dates

    1. April 7, 2026Published
    2. April 14, 2026Responses Due

    AI classification tags

    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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