Active SLED Opportunity · FLORIDA · CITY OF WINTER HAVEN, FL
AI Summary
City of Winter Haven seeks Statements of Qualifications for design-build services to design and construct Utility Administration, Water Education, and Operations Facilities. Proposals due April 28, 2026. Project delivered in two phases using design-build method.
The City of Winter Haven is interested in receiving Statements of Qualifications for RFQ-26-26 Design Build Services for the Utility Administration Facility, Water Education Center, and Operations Facility (Re-Bid). Statements of Qualifications are to be submitted through the Procurement Portal no later than 2:00 pm on Tuesday, April 28, 2026.
This Request for Qualifications (RFQ) for the City of Winter Haven’s Water Department Administration Facility, Water Education Center and Operation Facility (Project) invites Proposals according to the requirements set forth in this RFQ. The Proposals will be reviewed and evaluated using a best-value selection process described in this RFQ. At completion of the evaluation process, the City of Winter Haven (City) will select a Proposer for award and enter into negotiations with the selected Design Build (DB) team for a Design Build (DB) Contract.
The project information included in this RFQ is preliminary in nature. There is no work guaranteed as a result of being shortlisted or top-ranked through this solicitation. All interested Proposers shall be required to comply with Florida Statute 287.055, Design-Build requirements. The Project is to be designed, permitted and constructed in two phases using the DB project delivery method.
Bidders are required to submit their proposals subject to and upon the following express conditions:
Bidders are required to submit their proposals subject to and upon the following express conditions:
Bidders shall thoroughly examine the specifications, instructions, all other Contract Documents, visit the site of this project (if applicable) and fully acquaint itself, at its own risk, with all conditions which may affect completion of this project and/or delivery of bid items. Prospective Bidders, subcontractors and suppliers are encouraged to attend a pre-bid conference and site visit if announced in the advertisement for bid and/or included in specifications. Work areas to be examined during the site visit may contain hazardous materials or conditions. Attendees should review the information and safety precautions set forth in the Bid Documents to determine for themselves appropriate protective clothing or equipment. Attendees further agree to indemnify and hold the City of Winter Haven harmless from any and all claims of personal injury arising from their participation in the site visit.
These Terms and Conditions and any contract documents related hereto are subject and subordinate to any existing or future state, federal, or local law, regulation, or written policy, which may be applicable hereto, including any applicable building codes.
PUBLIC RECORDS
City and Contractor agree that Contractor shall comply with Florida’s public records laws to specifically include the following:
Public Records. Contractor agrees to:
i) Keep and maintain public records required by the public agency to perform the service.
ii) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
iii) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency.
iv) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT 863-291-5600, records@mywinterhaven.com; 451 THIRD ST NW, WINTER HAVEN, FLORIDA 33881.
If the Contractor does not comply with a public records request, City shall enforce the contract provisions which may include immediate termination of contract.
It shall be understood and agreed that by the submission of a proposal, the Bidder, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers, or agents from any and all damages including but not limited to attorneys’ fees and costs, that may, at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright of any person or persons, association, or corporation, as the result of the use of such articles by the City, or any of its officers, agents, or employees, and of which articles the Contractor is not the patentee, assignee, licensee, or lawfully entitled to sell same.
It is the intent of the City of Winter Haven that this Request promotes competitive bidding. It shall be the bidder's responsibility to advise Procurement at the address noted in the solicitation, if any language, requirements, etc. inadvertently limits the requirements stated in this Request to a single source. Such notification must be received in writing by the Procurement Manager not later than ten (10) days prior to the bid opening date.
Bidders must possess any applicable business, contractor, or occupational licenses at the time of submission of the proposal. The City may request proof of such licensure. Bidders shall also obtain all permits required for this project.
The City shall be entitled to rely on the written representations of the Bidder. No claims shall be paid by the City unless in writing and approved by the City. Additionally, sovereign immunity is not waived as to any verbal representations or comments made by the City.
Unless detailed elsewhere in the bid documents, proof of insurance naming the City as an additional insured shall be required of the successful bidder (on any project requiring work, labor, and/or installation on City property) with the following minimum coverage: workers compensation, general liability, and automobile insurance in an amount and form acceptable to the City, with limits of no less than one-million dollars.
To qualify any submitted information as “trade secret”, or confidential, the bidder/proposer must mark each page of the submitted proposal or specific portion of a document as “trade secret”. All material designated as such must be separated from all non-trade secret material, such as being submitted in a separate document clearly titled as “TRADE SECRET – DO NOT DISCLOSE”. If the City receives a public records request for a document or information that is marked and certified as a trade secret, the City shall release all other documents not designated as protected trade secrets in accordance with applicable public records laws.
To invoke the provisions of Florida Statute 812.081, Trade Secrets, or other applicable law, the requesting firm must complete an Affidavit for Trade Secret Confidentiality, signed by an officer of the company, and submit the affidavit with the information classified as “trade secret” with other proposal documents. The affidavit must reference the applicable law or laws under which trade secret status is to be granted.
Proposers should provide a redacted copy of the proposal with the original submittal.
Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:
Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:
ACCEPTANCE: The Seller shall be bound by the Purchase Order and its terms and conditions when it delivers the goods ordered or renders the services ordered by the City.
APPLICABLE LAW: Any contract entered into pursuant to this bid shall be construed in accordance with the laws of the State of Florida. Venue for any action or proceeding concerning this contract shall be in the State Courts of Polk County, Florida.
CHANGES: The City, without invalidating the Contract, may order changes, including additions, deletions, or modifications. The Parties recognize that said changes may affect price and time for performance, in which event appropriate adjustments will be considered. All such changes in the work shall be authorized in writing, signed by the City Manager or his designee, or the Procurement Manager in a manner consistent with contract documents. The price and the time for performance may be changed only by Change Order Request. By written instructions to the Contractor, the City may make minor changes in the work which are consistent with the purpose of the work and which do not change the contract price or time for completion. Procurement is to be notified of any proposed changes in: (a) materials used, (b) manufacturing process, or (c) construction. However, changes shall not be binding upon the City unless evidenced by a Change Order Request issued and signed by the Procurement Manager.
CITY: The City of Winter Haven, Florida or its authorized representative.
CONTRACT: The Contract executed by the City and the Contractor, and shall include all Contract and Bid Documents.
CONTRACTOR: The successful bidder and/or proposer/respondent/consultant who enters into a Contract with the City to complete the project and/or provide the contemplated goods and/or services.
DEFAULT: Default in promised delivery of supplies, completion of project, or failure to meet specifications authorizes the City to terminate the Contractor's right to proceed with the order/work by giving the Contractor written notice. The defaulting Contractor may, at the discretion of the City, be charged the increase in costs of obtaining the goods/services elsewhere.
DOCUMENTS: The Bid Documents consist of the Request, Terms and Conditions, Construction Agreement, Contract Bond, Special Provisions, Specifications, Technical Specifications, Proposal and Bid Form, Engineering Plans or Drawings prepared for a project, Addenda issued during the bidding period, and Change Orders issued after the Contract is let.
INDEMNIFICATION: As specified in the solicitation documents.
INSPECTION: The goods and services purchased are subject to the inspection and approval of the initiating department. The City reserves the right to reject goods and services which do not conform to provisions of the Purchase Order.
INSURANCE: As specified in the bid documents.
LIMITATION ON MUNICIPAL INDEMNITY: To the extent that the contract or agreement calls for the City to indemnify any party thereto, the following sentence shall be appended to the indemnity and shall control the indemnity as if set forth therein:
“Provided, however, that regardless of whether any such obligations incurred hereunder are based on tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the City of Winter Haven under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to section 768.28, Florida Statutes, as that section existed at the inception of this Contract or Agreement.” Provided further, no waiver of the City’s sovereign immunity is intended to be made herein.
The addition of this language shall not be construed to create City indemnifications where none are expressly made in the terms and conditions of the contract or agreement.
ONLINE SOLICITATION: The City utilizes an internet-based system (e-procurement platform) at https://procurement.opengov.com/portal/winterhavenfl to post solicitation opportunities which may be in the form of an Invitation to Quote, Invitation to Bid, a Request for Proposals, a Request for Qualifications, and/or other solicitation as more specifically identified by the City in its posting.
PLATFORM: The City’s internet based online solicitation system is identified as and located at https://procurement.opengov.com/portal/winterhavenfl. The Platform is utilized by the City and the Suppliers to: 1) allow Suppliers to register and manage their company records; 2) City posts and issues solicitation packages for Suppliers from inception to award of a solicitation; 3) allows Suppliers to submit a response online, electronically, through the Platform; 4) allows Suppliers to view all public record documents related to the Online Solicitation.
File Uploads - All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Suppliers will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Suppliers will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.
STATEMENT OF ASSURANCE: No bids submitted shall be considered unless the Bidder warrants that upon execution of a Contract with the City it will:
not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, sex, national origin, age, disability, or marital status
will submit such reports as the City may thereafter require to assure compliance.
SUB-CONTRACTOR: An individual, firm, company, corporation, association, society or group which enters into a contract with the Contractor to do a portion of the work on this project.
TITLE: The risk of loss of goods covered by the Purchase Order shall remain with the Seller until the goods have been delivered to a designated site and actually received by the City. Any damage to the material and equipment, or loss of any kind, occasioned in transit shall be borne by the Seller.
WARRANTY: The Contractor shall not incorporate in the work of a project any materials or equipment subject to a chattel mortgage, a conditional sales contract, or any other agreement permitting a Vendor to retain an interest. The Contractor shall warrant clear title to all materials and equipment incorporated in the work; when the project is completed, the Contractor shall deliver to the City the improvements it has incorporated free of any lien or claim. The provisions of this section shall be included in all contracts with Vendors and Subcontractors. Vendors who furnish materials without a formal contract shall be given notice, by Contractor, that this provision exists.
Bidders that wish to not bid on some of the item(s) sought by this solicitation must mark those item(s) as “No Bid.” However, if some of the item(s) are being offered at no charge, then bidders must mark those item(s) as “No Charge.” Items that are left blank shall be considered a “No Bid” for that item, and the bid shall be evaluated accordingly.
The successful bidder shall pull all required building permits and shall submit for reimbursement. These fees shall not be included in the bid. These fees will be reimbursed, at cost, as a separate pay item. Permit fee receipt shall be submitted as part of invoice.
No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof--to include any error, omission, discrepancy or vagueness. Every request for such an interpretation shall be made in writing to the City Procurement Manager. Any inquiry received prior to the cut-off time and date for questions will be given consideration. Where necessary, interpretations made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of Procurement. In addition, all Addenda will be posted for review by the General Public on the City’s e-procurement platform: https://procurement.opengov.com/portal/winterhavenfl
The City of Winter Haven encourages prompt and fair handling of all complaints and disputes with the business community. In order to resolve disputed matters in an equitable manner without fear of retribution on the part of a vendor or person, the following shall apply:
The City of Winter Haven encourages prompt and fair handling of all complaints and disputes with the business community. In order to resolve disputed matters in an equitable manner without fear of retribution on the part of a vendor or person, the following shall apply:
All formal Invitations To Bid, Request for Proposals, and Request for Qualifications shall include the following statement: “NOTE: THE FAILURE TO FOLLOW THE BID PROTEST PROCEDURE REQUIREMENTS WITHIN THE TIME FRAMES PRESCRIBED HEREIN AS ESTABLISHED BY THE CITY OF WINTER HAVEN, FLORIDA, SHALL CONSTITUTE A WAIVER OF BIDDERS PROTEST AND ANY RESULTING CLAIMS.”
RIGHT TO PROTEST: Any aggrieved, actual or prospective bidder in connection with a solicitation or pending award of a bid or contract may protest to the Procurement Manager.
NOTIFICATION: Procurement shall post all recommendation of awards for review by the general public on the City’s e-procurement platform: https://procurement.opengov.com/portal/winterhavenfl. A notification will be emailed to vendors registered for that particular bid on the web site.
INITIAL NOTICE: Any person adversely affected by an intended decision or action with respect to the initial recommendation of award of any bid or action shall file with the City’s Procurement Manager a written notice of intent to file a protest. For the purpose of computation, the initial notice of intent to file a protest must be received by the Procurement Manager no later than three o’clock (3:00) p.m. on the third (3rd) workday following the e-mailing date of the notice of the initial recommendation of award (excluding Saturdays, Sundays and legal City holidays). In addition, a non-refundable protest bond (the “Bond”) in the amount of one thousand dollars ($1,000.00) in the form of a cashier’s check payable to the City of Winter Haven must be submitted with the initial notice of intent to file a protest. The initial notice of intent to file protest must be in writing and shall state the basis of the protest (recommendation of award protest or other) and clearly indicate that its purpose is to serve as the initial notice of intent to file a protest. Failure to clearly indicate its intent or failure to provide a Bond shall constitute a waiver of the right to seek any remedy provided under these protest procedures. Upon the timely receipt of an initial notice of intent to file a protest and the required Bond, the Procurement Manager shall toll (put on hold) any further actions related to the recommendation of award (except as noted below). Should the affected party decide to withdraw its initial notice of intent to file a protest during the tolled action the Bond will be refunded in full. This is the only reason the City will refund the Bond other than a finding in favor of the protestor.
If during tolled action, the City Manager determines that an Emergency Purchase is necessary, as defined in this Procurement Manual, action may be taken to secure the goods or services.
FORMAL NOTICE: Any person who has filed an initial notice of intent to file a protest, as described above, shall file a formal written protest within ten (10) calendar days after the date of the filing of the initial notice of intent to file a protest. Any amendment to the formal written protest shall be in writing and received by the Procurement Manager within ten (10) calendar days of the date of the initial notice of intent to file a protest. No amendments to the protest will be allowed after the ten (10) calendars day period has expired. The formal written protest shall contain the following:
City bid number and/or title (if applicable).
Name and/or address of the City department, division or agency affected (if known).
The name and address of the affected party, and the title or position of the person submitting the protest.
A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate.
Concise statement of the facts alleged and of the rules, regulations, statutes ordinances and constitutional provisions entitling the affected party to the relief requested.
The statement shall indicate the relief to which the affected party deems himself/herself entitled.
Such other information as the affected party deems to be material to the issue.
PROTEST MEETING: The Procurement Manager will notify all parties and schedule a protest meeting. The protest will be presented to the Protest Committee, which shall be made up of three (3) members consisting of the Assistant to the City Manager or designee who will serve as the Chairperson, the Assistant Director of Financial Services or designee and the Procurement Manager or designee. The City Attorney or designee shall be present and act in an advisory capacity to the Protest Committee. The Protest Committee shall meet with the protesting party within fourteen (14) workdays (excluding Saturdays, Sundays and legal City holidays) of receipt of the formal written protest. The response time may be extended, if necessary. All affected parties will be notified of the location, date and time of the Bid Protest meeting and will be allowed the opportunity to make their presentation to the Bid Protest Committee. The parties may bring a representative if they so choose. The Procurement Manager or designee shall present the background for the protest to the Committee. The purpose of the protest meeting is: 1) to question and review the basis of the protest; 2) to evaluate the facts and merits of the protest and 3) gather information in order to submit a recommendation to the City Manager. The agenda for the protest meeting will be:
The User Department will present the background as to why the recommendation for award was made or why the vendor was not selected.
The protesting party or their representative will speak to how they were adversely affected by the decision of the City of Winter Haven.
Any other affected parties or their representative will be given the opportunity for rebuttal and to present any facts that they deem are relevant to the protest.
During the meeting, the Protest Committee may ask questions of all parties as necessary.
The Protest Committee will render their recommendation in writing to the City Manager within five (5) workdays of the bid protest meeting. The City Manager may conduct an evidentiary hearing, if there are disputed issues of material fact. The City Manager will conduct a review and make a final written decision within ten (10) workdays after receipt of the recommendation; date of the hearing; or the review, whichever is later. The City Manager’s decision shall be final and binding. No further protests of the action in question will be heard by the City.
Any person who is aggrieved by the final and binding decision of the City Manager shall be entitled to a review of the final and binding decision by the 10th Judicial Circuit Court of Polk County, Florida by filing an appropriate petition with the Clerk of the Court within 30 calendar days following the rendering of the City Manager’s final and binding decision.
Submittals must be received no later than the time and date specified in the solicitation, and submitted via the e-procurement platform. No bid will be accepted after the specified deadline on the OpenGov platform and/or any other electronic platform utilized by the City for such purposes.
The Procurement Manager may elect to cancel or postpone a bid at any time prior to the time and date set to open bids.
Sealed bids, proposals, or replies received by the City pursuant to a Request for Qualifications/Proposals are exempt from disclosure under s.119.07(1) and s.24(a), Art. I of the State Constitution until such time as the City provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.
If the City rejects all bids, proposals, or replies submitted in response to a Request for Qualifications/ Proposals and the City concurrently provides notice of its intent to reissue the Request for Qualifications/Proposals, the rejected bids, proposals, or replies remain exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the City provides notice of an intended decision concerning the reissued Request for Qualifications/Proposals or until the City withdraws the reissued Request for Qualifications/Proposals. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City notice rejecting all bids, proposals, or replies.
Bid and all affidavits should be submitted on the form furnished by the City and completed by the Bidder without additions, modifications, deletions, and erasures. Bids not submitted on attached bid form may be rejected. All corrections made by Bidder to their bid must be initialed. Each Bidder shall submit its proposal on the e-procurement platform as specified in the Request for Qualifications / Proposals. It is the Bidder's responsibility to assure that its bid is submitted by the proper time of the bid opening. Bids which are not received, as set forth herein, may not be considered.
Telegraph, telephone, e-mail, electronically transmitted, posted (USPS, FedEx, UPS, etc.) or facsimile (FAX) bids will not be considered. Bids may be modified provided such modification is submitted on the platform prior to the time and date set for the bid opening. Each Bidder shall be solely responsible for the costs associated with preparation and submittal of its bid.
RESPONSES RECEIVED AFTER THE TIME AND DATE SET FOR THE BID OPENING WILL NOT BE CONSIDERED.
Prohibition Against Considering Social, Political or Ideological Interests in Government Contracting – F.S. 287.05701: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City’s governing body may not give preference to a Bidder based on the Bidder’s social, political or ideological interests.
In addition to any renewal options, if any, the City has the right to extend any award resulting from this solicitation for the period of time necessary to release, award, and implement a replacement agreement for the commodities and/or contractual services provided. Such extension shall be based upon the same prices, terms, and conditions.
The City of Winter Haven encourages and agrees to the successful bidder extending the pricing, terms, and conditions of this solicitation and any resulting contract (if there is any such resulting contract) to other governmental entities at the discretion/option of the successful bidder.
Bidders are expected to examine the specifications, delivery schedule, bid prices (if applicable), and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk.
In the purchasing of goods or supplies, without labor, where the bid contains a mistake in extension or total bid amount, the unit price will govern. The City shall be entitled to presume that a mistake has been made where the unit price and total or extension do not equate.
The City reserves the right to contact bidders, telephonically or in writing, to clarify inconsistent, inaccurate, or confusing information regarding the proposal submitted. As well, the City reserves the right to demand the execution or re-execution of the proposal, affidavit, or certification required to be accompanied with the bid proposal, when it appears to the City that the deficiency was an oversight in good faith. It shall be presumed that proposals submitted without a signature are non-responsive and shall not be considered for clarification or correction.
Each bidder shall, upon request of the City, submit a statement of the Bidder's qualifications, its experience record in furnishing a particular commodity or constructing any type of improvements embraced in the Agreement, its organization and equipment available for the work contemplated, and, when specifically requested by the City, appropriate financial information which would assist in determining bidders’ ability and solvency to perform work contemplated by the Agreement. The Bidder may also be requested to furnish references which the City may use to verify claims of competency. The City shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform its obligations under the Contract; and the Bidder shall furnish the City all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City that the Bidder is qualified to carry out properly the terms of the Contract.
THE CITY OF WINTER HAVEN, FLORIDA HAS ENACTED ORDINANCE NO. O-10-17, RELATING TO A POLICY OF LOCAL PREFERENCE IN CONJUNCTION WITH THE PURCHASE OF GOODS AND SERVICES;
Where competitive bids are received for the purchase, or contract for, personal property or contractual service, the city commission, city manager or procurement Manager may give local preference to local vendors as defined herein and shall implement such policy in the following manner;
Except as exempted in this policy, local vendors, defined as any business having a physical location within the City of Winter Haven’s utility service area at which employees are located and from which business is regularly transacted, shall be given preference in the purchasing of goods and services when bids are sought as follows:
When bids are received and the lowest bid price does not exceed $15,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 6% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or
When bids are received and the lowest bid price does not exceed $25,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 5% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or
When bids are received and the lowest bid price does not exceed $50,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 4% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or
When bids are received and the lowest bid price does not exceed $150,000.00 and the vendor offering the low bid is located outside the City limits of Winter Haven, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 3% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or
When bids are received and the lowest bid price does not exceed $250,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 2% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or
When bids are received and the lowest bid price exceeds $250,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 1% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City.
The provisions of this ordinance shall not apply to the Purchasing of goods and/or services by the City of Winter Haven involving the following entities and/or situations as follows:
Purchase and or sale of real property,
Bids that meet the criteria of Florida Statute 255.0991, subsection (2), or are prohibited thereby,
Bids for contracts that are being funded by an outside source or agency that does not allow for a local preference, or that stipulates the award criteria,
Proposals related to Florida Statute 287.055 (Consultants Competitive Negotiation Act).
The purchase of personal property to the extent governed by Florida Statute 287.084.
Any other purchases that are determined by the City to be exempt from the local preference policy established herein.
No bids submitted shall be considered unless the Bidder warrants that upon execution of a Contract with the City, it will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, sex, national origin, age, disability, or marital status, and will submit such reports as the City may thereafter require to assure compliance.
In compliance with Chapter 442, Florida Statutes, any item delivered from a Contract resulting from this bid, which contains a toxic substance as listed on the FLORIDA SUBSTANCE LIST, shall be accompanied by a Material Safety Data Sheet (MSDS) which product shall be labeled as such as well. These MSDS shall be forwarded to: City of Winter Haven, Human Resources Division, P.O. Box 2277, Winter Haven, Florida 33883-2277.
The MSDS shall be maintained by the City and must include the following information:
The Division/Department to which the material was shipped.
The chemical name and the common name of the toxic substance.
The hazards or other risks in the use of the toxic substance, including:
The potential for fire, explosion, corrosivity, and reactivity;
The known acute health effects and chronic health effects of risks from exposure to the toxic substance, including those medical conditions which are generally recognized as being aggravated by exposure to toxic substance; and
The primary routes of entry and symptoms of overexposure.
The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure.
The emergency procedures for spills, fire, disposal, and first aid.
A description of the known specific potential health risks posed by the toxic substance, which description is written in lay terms and is intended to alert any person who reads this information.
The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.
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 construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0l7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more if that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, the company: (a) Is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725 of the Florida Statutes, or is engaged in a boycott of Israel;
Contractor acknowledges that Section 287.135, Florida Statues, prohibits a Florida entity from bidding on, submitting a proposal for, or entering into or renewing a contract with the City for goods or services as detailed in said statute and further, requires the entity to furnish an affidavit signed by an officer or representative under penalty of perjury concerning scrutinized companies. Any contract for goods and/or services will be subject to termination by the City if the Contractor has been found to have violated the relevant provisions of Section 287.135 of the Florida Statutes.
The Contractor agrees that unauthorized aliens shall not be employed nor utilized in the performance of the requirements of this solicitation. The City shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such violation shall be cause for unilateral termination of this Agreement by the City.
By entering into this Contract, the Contractor 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, a U.S. Immigration and Customs Enforcement program, 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. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one year after the date of termination.
Register online for E-Verify at https://www.vis-dhs. com/EmployerRegistration, which provides instructions for completing the registration process. At the end of the registration process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between you as the employer, the SSA, and DHS. An employee who has signatory authority for the employer can sign the MOU. Employers can use their discretion in identifying the best method by which to sign up their locations for E-Verify. To find out more about E-Verify, please visit www.dhs.gov/e-verify or contact USCIS at 1-888-464-4218.
Contractor acknowledges that Section 787.06 of the Florida Statutes requires each nongovernmental entity that is executing, renewing, or extending a contract with a public governmental entity to provide the governmental entity with an affidavit signed by an officer or authorized representative under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as those terms are defined by law. Contractor agrees to furnish the City with the necessary affidavit signed by an officer or authorized representative of the Contractor under penalty of perjury at any time and upon request.
Contractor acknowledges that Section 287.138, Florida Statutes, prohibits a Florida governmental entity from entering into a contract that may grant or allow access to any individual’s personal identifying information unless the contracting entity furnishes an affidavit signed by an officer or representative under penalty of perjury concerning foreign countries of concern.
Contractor must certify that:
The vendor is not owned by the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, or by any agency of or any other entity of significant control of any of such foreign country of concern.
The government of the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic does not have a controlling interest in the vendor.
The vendor is not organized under the laws of and does not have its principal place of business in the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic.
Contractor must certify that:
No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor.
The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of Contractor's prosecution of the work. Machinery, equipment and all hazards shall be guarded in accordance with safety provisions to the extent that such provisions are not in conflict with applicable laws.
The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the City with these reports.
The Contractor shall not assign or transfer, whether by assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the City; provided, however, that assignments to banks, trust companies or other financial institutions, of payments due to Contractor, may be made without the consent of the City.
The Contractor shall protect and indemnify the City, its officers, its agents, and its employees and hold all free of liability and unharmed by any suit or claim which results from the incorporation of any patented or unpatented invention, device, process, or system in the work of this project including but not limited to attorneys fees and costs incurred by the City related thereto.
If the Contractor fails to proceed with the diligence required to complete the project within the contract time or within an extension of that time the City may grant, the City may terminate the Contractor's right to proceed with the work by giving it written notice.
If the City terminates the Contractor's right to proceed, the City may choose to proceed with the work, take possession of the materials on the project site, incorporate these materials in the work, and hold the Contractor and its sureties liable for payment of excess costs the City may incur, or demand the surety to complete the project as permitted under the terms and conditions of the performance bond. The execution of this Contract by Contractor shall constitute an acknowledgment of the Surety's consent to this provision.
If the City does not terminate the Contractor's rights to proceed, the Contractor shall proceed with the work; in this event, it will be impossible to determine the actual damage the delay has caused. In lieu of payment of actual damage, the Contractor and its sureties shall be liable for the payment of the fixed, agreed, and liquidated damages as may be set forth in the Contract Documents for each calendar day of delay beyond the contract time.
Evidence of Insurance
Design-Builder shall not commence work until the Design-Builder has procured the insurance required under this Article and such insurance has been approved by the City (Owner). The Design-Builder shall provide evidence of such insurance in the following manner:
As evidence of compliance with the insurance required by Paragraph 20.C, Subparagraphs 1. Workers’ Compensation/ Employer’s Liability, 2. Commercial General Liability and 3. Business Auto Policy, the Design-Builder shall furnish the Owner with:
a fully completed satisfactory Certificate of Insurance (ACORD Form 25 or equivalent) evidencing all coverage required herein, and a copy of the actual additional insured endorsement as issued on the Commercial General Liability policy, signed by an authorized representative of the insurer(s) verifying inclusion of Owner and Owner’s officials, officers and employees as Additional Insureds in the Commercial General Liability coverage;
the original of the policy(ies); or
other evidence satisfactory to Owner.
The Certificate of Insurance shall provide that the Owner shall be given no less than forty-five (45) days written notice prior to cancellation.
2. As evidence of compliance with the insurance required by Paragraph 20.C. Subparagraph 4. Protection of Owner, the Design-Builder shall furnish the Owner with:
a fully completed satisfactory Certificate of Insurance (ACORD Form 25 or equivalent) evidencing all coverage required herein, and a copy of the actual additional insured endorsement as issued on the Commercial General Liability policy, signed by an authorized representative of the insurer(s) verifying inclusion of Owner and Owner’s officials, officers and employees as Additional Insureds in the Commercial General Liability coverage;
the original of the policy(ies); or
other evidence satisfactory to Owner.
3. As evidence of compliance with the insurance required by Paragraph 20.C. Subparagraph 5. Property Insurance, the Design-Builder shall furnish the Owner with:
a fully completed Evidence of Property Insurance (ACORD Form 28 or equivalent) signed by an authorized representative of the insurer(s) providing the coverage;
a copy of the original policy; or
other evidence satisfactory to Owner.
4. Until such time as the insurance is no longer required to be maintained by the Design-Builder, the Design-Builder shall provide the Owner with renewal or replacement evidence of the insurance in the manner described by Paragraph II.A, Subparagraphs 1. and 2. no less than thirty (30) days before the expiration or termination of the insurance for which previous evidence of insurance has been provided.
5. Notwithstanding the prior submittal of a Certificate of Insurance, if requested by the Owner, the Design-Builder shall, within thirty (30) days after receipt of a written request from the Owner, provide the Owner with a certified complete copy of the policies of insurance providing the coverage required. Design-Builder may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the coverage required by Section II C.
Qualification of Insurers/Group Self-lnsurers
Insurers providing the insurance required by this Section 20 must meet the following minimum requirements.
1. Such insurers must either be:
authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of the State of Florida or an eligible surplus lines insurer under Florida Statute 626.918, or,
with respect only to the coverage required by Paragraph 20.C. Subparagraph 1. Workers’ Compensation/Employer’s Liability, authorized as a group self-insurer pursuant to Florida Statute 440.57 which has been in continuous operation in the State of Florida for five years or more or authorized as a commercial self-insurance fund pursuant to Florida Statute 624.462 which has been in continuous operation in the State of Florida for five years or more.
2. In addition, such insurers other than those authorized by Florida Statute 440.57, Florida Statute 624.462 or Lloyd’s of London shall have and maintain throughout the period for which coverage is required, a Best’s Rating of “A-” or better and a Financial Size Category of “VII” or better according to A.M. Best Company.
3. If, during the period when an insurer is providing the insurance required by this Contract, an insurer shall fail to comply with the foregoing minimum requirements, as soon as the Design-Builder has knowledge of any such failure, the Design-Builder shall immediately notify the Owner and shall immediately replace the insurance provided by the insurer with an insurer meeting the requirements. Until the Design-Builder has replaced the unacceptable insurer with an insurer acceptable to the Owner, the Design-Builder shall be in default of this Contract.
Description of Required Insurance
Unless and to the extent Owner has agreed otherwise, without limiting any of the other obligations and liabilities of the Design-Builder, the Design-Builder shall, at the Design-Builder’s expense, procure, maintain and keep in force the amounts and types of insurance conforming to the minimum requirements set forth herein. Except as otherwise specified in this Contract, the insurance shall commence prior to the commencement of work by the Design-Builder and shall be maintained in force until final completion of the work.
1. Workers’ Compensation/Employer’s Liability
a. Design-Builder’s insurance shall cover Design-Builder (and to the extent its Subcontractors and Sub-subcontractors are not otherwise insured, its Subcontractors and Sub-subcontractors) for those sources of liability which would be covered by the latest edition of the standard Workers’ Compensation Policy as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. In addition to coverage for the Florida Workers’ Compensation Act, where appropriate, coverage is to be included for the Federal Employer’s Liability Act and any other applicable Federal or State law.
b. The policy must be endorsed to waive the insurer’s right to subrogation against Owner and its officials, officers and employees in the manner which would result from the attachment of National Council on Compensation Insurance’s (NCCI) Waiver of Our Right to Recover From Others’ Endorsement (Advisory Form WC 00 03 13) with Owner and its officials, officers and employees scheduled thereon.
c. Subject to the restrictions of coverage found in the standard Workers’ Compensation policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers’ Compensation Act or any other coverage customarily insured under Part One of the standard Workers’ Compensation policy. The minimum amount of coverage for those coverages customarily insured under Part Two of the standard Workers’ (inclusive of any amount provided by an umbrella or excess policy) shall be those amounts specified in the Required Limits of Insurance form (INS 06/01).
2. Commercial General Liability
a. Such insurance shall be no more restrictive than that provided by the standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those required by ISO or the State of Florida or those described below. The coverage may include restrictive endorsements which exclude coverage for liability arising out of:
Mold, fungus, or bacteria
Terrorism
Sexual molestation
Unless the Work under this Contract includes activities which would be the subject of such exclusions, the coverage may also exclude coverage for liability arising out of:
Architects & engineers professional liability
Exterior Insulation and Finish Systems (EIFS)
b. The minimum limits of insurance (inclusive of any amounts provided by an umbrella or excess policy) covering the work performed pursuant to this Contract shall be the amounts specified in the Required Limits of insurance form (INS 06/01). The amounts specified under Column A of Form INS 06/01 shall be an initial layer of coverage which shall be applicable only to the work performed pursuant to this Contract and shall not be reduced or diminished in any manner by claims resulting from other than work performed pursuant to this Contract. The amounts specified in Column B of Form INS 06/01 shall be the total minimum limits required, including the initial layer specified in Column A.
c. If this Contract includes construction of, or additions to, buildings or structures, the Design-Builder shall continue to maintain Products/Completed Operations coverage for three years after the final completion of the work.
d. Except with respect to coverage for Property Damage Liability, which may be subject to a maximum deductible of $500 per occurrence, the Commercial General Liability coverage shall apply on a first dollar basis without application of any deductible of self-insured retention. The Design-Builder shall pay on behalf of the Owner or the Owner’s officer or employee any such Property Damage Liability deductible applicable to a claim against the Owner or the Owner’s official, officer or employee.
3. Business Auto Policy
a. Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the latest occurrence edition of the standard Business Auto Policy (ISO Form CA 00 01), including coverage for liability contractually assumed, as filed for use in the State of Florida by the Insurance Services Office. Coverage shall be included on all owned, non-owned and hired autos used in connection with this Contract. In the event that the proposer/bidder does not own any vehicles that are used in the business, or titled in the business name, then the business auto requirement can be satisfied with a hired and non-owned automobile liability extension being added to the commercial general liability.
b. The minimum limits of insurance (inclusive of any amount provided by an umbrella or excess policy) shall be those amounts specified in the Required Limits of Insurance form (INS 06/01).
4. Protection For Owner
a. The Design-Builder shall include the Owner and the Owner’s officials, officers and employees as “Additional Insureds” on the Design-Builder Commercial General Liability coverage required pursuant to Paragraph II C., Subparagraph 2. Commercial General Liability. The coverage afforded such Additional Insureds shall be no more restrictive than that which would be afforded by adding the Owner and the Owner’s officials, officers and employees as “Additional Insureds” using the latest Additional Insured - Owners, Lessees or Design-Builders (ISO Form CG 20 10) and the latest edition of the Additional Insured – Owners, Lessees or Design-Builders – Completed Operations Endorsement (ISO Form CG 20 37) both as filed for use in the State of Florida by the Insurance Services Office. The Certificate of Insurance on other evidence of insurance shall clearly indicate the use of this alternative.
b. As an alternative to the coverage required by Paragraph II.C, Subparagraph 4. the Design-Builder shall, at the Design-Builder’s expense, provide the Owner with Owner’s Protective Liability insurance which shall cover the Owner for all sources of liability which would be covered by the latest occurrence edition of the standard Owner’s and Design-Builder’s Protective Liability Coverage Form. Coverage for Operations of Designated Design-Builder (ISO Form CG 0009), (hereinafter OCP Policy) as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements.
c. The Owner shall be the Named Insured on the OCP Policy and, if applicable, the excess policy or policies. The policy or policies shall be endorsed to include the Owner and the Owner’s officials, officers and employees as insureds. The policy or policies shall include the Design-Builder and its Subcontractors of every tier as the Design-Builder designated in the declarations.
d. The minimum OCP Policy limits per occurrence and, if subject to an aggregate, the annual aggregate to be provided by the Design-Builder (inclusive of any amounts provided by excess policies) shall be the same as the amounts specified in Column B of the Required Limits of Insurance form (INS 06/01), as the minimum Each Occurrence and General Aggregate limits respectively required for the Commercial General Liability Coverage.
e. The OCP Policy and, if applicable, the excess policy or policies, must be specifically endorsed to provide the Owner with forty-five (45) days written notice of cancellation, non-renewal or-restriction.
5. Property Insurance
a. If this Contract includes construction of or additions to above-ground buildings or structures, or the installation of machinery or equipment into an existing structure, the Design-Builder shall provide, in a policy acceptable to Owner, “all risk” (i.e., Special Form) Property insurance on any such construction, additions, machinery or equipment.
b. The amount of the insurance shall be no less than the estimated replacement value at the time of the Owner’s final acceptance of such addition(s), building(s), structure(s), machinery or equipment.
c. The coverage shall not be subject to any restriction with respect to occupancy or use by the Owner and, subject to forty-five (45) days prior written notice to the Owner, shall remain in full effect until final acceptance by the Owner.
d. The Owner shall be an insured on this policy.
e. The insurance provided by the Design-Builder shall be endorsed to provide that the Insurer waives its rights against the Owner and Owner’s officials, officers and employees.
f. The maximum deductible for other than Windstorm or Hail shall be $5,000 per occurrence. The maximum deductible per occurrence for Windstorm or Hail shall be five percent (5%) of the estimated replacement value at the time of the loss of all buildings, structures, additions, machinery and equipment. The Design-Builder shall pay on behalf of the Owner or the Owner’s official, officer or employee any such deductible.
g. If this Contract includes construction of or additions to above-ground buildings or structures located within a Special Flood Hazard Area (100 year floodplain), flood insurance must also be provided on such construction or additions for the lesser of: (1) the estimated replacement value at the time of the Owner’s final acceptance of such addition(s), building(s), or structure(s) or (2) the maximum amount of flood insurance available through the National Flood Insurance Program.
D. Design-Builder’s Insurance Primary
The insurance provided by the Design-Builder shall apply on a primary basis and any other insurance or self-insurance maintained by the Owner or an Owner’s official, officer or employee shall be excess of and not contributing with the insurance provided by or on behalf of the Design-Builder.
E. Deductible Provisions
Except as otherwise specifically authorized in Paragraph II.C., the insurance maintained by the Design-Builder shall apply on a first dollar basis without application of a deductible or self-insured retention.
F. Insurance is Additional Remedy
Compliance with the insurance requirements of this Contract shall not limit the liability of the Design-Builder. Any remedy provided to the Owner or the Owner’s officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy (including, but not limited to as an indemnitee of the Design-Builder) available under this Contract or otherwise.
G. Insurance on Subcontractors
The Contractor shall require all subcontractors to maintain any and all insurance required by law. However, except to the extent required by law, the Owner has not established minimum insurance requirements for the Contractor’s subcontractors.
H. No Waiver By Approval/Disapproval
Neither approval by the Owner nor failure to disapprove the insurance furnished by the Design-Builder shall relieve the Design-Builder of the Design-Builder’s full responsibility to provide the insurance as required by this Contract.
REQUIRED LIMITS OF INSURANCE
[Form INS 10/96]
The minimum amounts of insurance (inclusive of any amounts provided by an umbrella or excess policy) shall be as follows:
1. Workers' Compensation/Employer's Liability
Part One - There shall be no maximum limit (other than as limited by the applicable statute) for liability imposed by the Florida Workers' Compensation Act or any other coverages required by the Contract which are customarily insured under Part One of the standard Workers' Compensation Policy.
Part Two - The minimum amount of coverage for those coverages required by the Contract which are customarily insured under Part Two of the standard Workers' Compensation Policy shall be:
$ 2,000,000.00 (Each Accident)
$ 2,000,000.00 (Disease-Policy Limit)
$ 2,000,000.00 (Disease-Each Employee)
2. Commercial General Liability - The minimum limits for the Commercial General Liability coverage shall be:
| *Column A | **Column B | |
| General Aggregate | $ 2,000,000.00 | $ 2,000,000.00 |
| Products/Completed Operations Aggregate | $ 1,000,000.00 | $ 2,000,000.00 |
| Personal and Advertising Injury | $ 1,000,000.00 | $ 2,000,000.00 |
| Each Occurrence | $ 1,000,000.00 | $ 2,000,000.00 |
| Fire Damage (any one fire) | $ Nil | $ Nil |
| Medical Expense (any one person) | $ Nil | $ Nil |
* Applicable to this Contract only
** Total Limits including amounts in Column A
3. Business Auto Policy - The minimum limits for the Business Auto Policy shall be:
Each Occurrence - Bodily Injury and
Property Damage Combined $ 2,000,000.00
4. Protection for the City - The minimum limits for Owners Protective Liability Coverage shall be the amounts specified as the minimum "Each Occurrence" and "General Aggregate" limits for the Commercial General Liability Coverage in Column B of Paragraph A.2 above. 10.23.07
All insurance other than Professional Liability and Worker’s Compensation, to be maintained by the DESIGN BUILDER shall specifically include the CITY, it’s Officers and Employees as “Additional Insureds”.
REQUIRED INDEMNIFICATION
To the fullest extent permitted by laws and regulations, and in consideration of the amount stated on any Purchase Order, the DESIGN BUILDER shall defend, indemnify, and hold harmless the City, its officers, directors, agents, guests, invitees, and employees from and against all liabilities, damages, losses, and costs, direct, indirect, or consequential (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising out of or resulting from any acts of negligence, recklessness or intentional wrongful misconduct in the performance of the work by the DESIGN BUILDER, any Subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable.
In any and all claims against the City, or any of its officers, directors, agents, or employees by any employee of the DESIGN BUILDER, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, this indemnification obligation 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 DESIGN BUILDER or any such Subcontractor or other person or organization under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts, nor shall this indemnification obligation be limited in any way by any limitation on the amount or type of insurance coverage provided by the City, the DESIGN BUILDER, or any of its Subcontractors. To the extent this Indemnification conflicts with any provision of Florida Law or Statute, this indemnification shall be deemed to be amended in such a manner as to be consistent with such Law or Statute.
Applicability: It is the express intent of the DESIGN BUILDER that this Agreement shall apply for the project(s) or time period indicated below. (Check and complete one):
Agreement is applicable to all contracts, purchase orders and other work performed for the City of Winter Haven for the time period of not more than five years.
to .
(Date) (Date)
(OR)
Agreement is limited to Requisition, Bid, Contract, or Purchase Order # , dated .
Subrogation: The DESIGN BUILDER and its Subcontractors agree by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit DESIGN BUILDER or or Subcontractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then DESIGN BUILDER or Subcontractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should DESIGN BUILDER or Subcontractor enter into such an agreement on a pre-loss basis.
Release of Liability: Acceptance by the DESIGN BUILDER of the last payment shall be a release to the City and every officer and agent thereof, from all claims and liability hereunder for anything done or furnished for, or relating to the work, or for any act or neglect of the City or of any person relating to or affecting the work.
Savings Clause: The parties agree that to the extent the written terms of this Indemnification conflict with any provisions of Florida laws or statutes, in particular Sections 725.06 and 725.08 of the Florida Statutes, the written terms of this indemnification shall be deemed by any court of competent jurisdiction to be modified in such a manner as to be in full and complete compliance with all such laws or statutes and to contain such limiting conditions, or limitations of liability, or to not contain any unenforceable, or prohibited term or terms, such that this Indemnification shall be enforceable in accordance with and to the greatest extent permitted by Florida Law.
No liens of any type shall be allowed, including labor, materials, rentals, or services furnished.
The award of contracts by the City of Winter Haven for construction and/or consulting services is based on the lowest responsive/responsible bid (for construction) or in accordance with the guidelines and requirements of FS 287.055 – Consultants Competitive Negotiation Act-CCNA (for applicable consulting services). In addition, the City will consider the previous performance of any bidder who may have completed work for the City of Winter Haven or other entity.
The Construction and Consulting Evaluation Form shall be completed by the department head or his designee responsible for the project. The form shall be filled in upon the completion of the project and submitted to Procurement for retention.
This form will be completed on all firms performing construction and/or consulting work for the City of Winter Haven. Furthermore, the City may, at its discretion, provide this form to other entities for whom the noted firm has completed work.
When Federal funds are expended by the City of Winter Haven, the following provisions pertain as applicable:
When Federal funds are expended by the City of Winter Haven, the following provisions pertain as applicable:
Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”.
Copeland “Anti-Kickback” Act (2 CFR Part 200.326(D)): All vendors, contractors and subcontractors must comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR part 3). Applies to all contracts and sub grants for construction or repair.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148): When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
Build America, Buy America (BABA) Act (41 USC 8301): All applicable rules and notices, as may be amended, if applicable to the contractor’s project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates are subject to BABA requirements, unless excepted by a waiver.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708): Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Access to Records (2 CFR Part 200.336): All vendors, contractors and subcontractors shall give access to the City of Winter Haven, the appropriate Federal agency, Inspectors General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the vendor which is directly pertinent to this specific bid for the purpose of making audit, examination, excerpts and transcripts.
Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
The prospective lower tier participant certifies, by submission and signature of this bid, that neither it, nor its principals, its agents or its representatives are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Contractors that apply or bid for an award exceeding $100,000 must 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 must 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 non-Federal award.
The contractor certifies, by submission and signature of this bid, that during the term and after the awarded term of an award for all contracts resulting from this procurement, it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment 31 U.S.C. 1352, including 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.
Where funds other than Federal appropriated funds are used for such purpose in connection with obtaining any Federal award, contractor must disclose same.
Procurement of recovered materials (2 CFR §200.323): A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $5,000 or the value of the quantity acquired during the preceding fiscal year exceeded $5,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Records Retention: (2 CFR §200.333): Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of six years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Example: 20
Q (RFQ-26-26 (Re-Bid) – Clarification on Re-Advertisement): Our team previously submitted qualifications in response to the original RFQ-26-26 for Design-Build Services for the Utility Administration Facility, Water Education Center, and Operations Facility. We noticed that the project has been reissued as a re-bid. We remain very interested in this opportunity and are currently reviewing the updated solicitation. Could the City please provide any insight into the decision to re-advertise the RFQ? Additionally, if there are any specific areas of emphasis or changes the City would like proposers to consider in this re-bid, we would appreciate that guidance. Thank you.
A: See contents of the Notice of Rejection as posted in Q2. There is no additional information regarding the decision, nor any areas of focus suggested. All interested / qualified firms are encouraged to re-submit or submit, if this is their first submittal.
Q (Original RFQ Submittals – Confidentiality and Public Release Clarification): Can the City please confirm whether the submittals from the original RFQ will remain confidential, or if they will be made publicly available prior to the re-bid submission deadline?
A: Submittals received via RFQ-26-18 will remain confidential as detailed in the notice posted to that solicitation which reads: Dear Proposing Firms: The City of Winter Haven has determined, after a thorough review, that it is in the best interest of the City to reject all proposals for the above-referenced project. The City will instead concurrently issue another Request for Qualifications RFQ-26-26 on our OpenGov platform for this project that will in all material respects be the same as the previous RFQ-26-18. Please note that in accordance with the provisions of Section 119.071 (1) (b) 3 of the Florida Statutes, that it is the City’s position that all proposals, or replies submitted in response to the City’s RFQ-26-18 shall remain exempt from disclosure under Section 119.07(1) of the Florida Statutes and Section 24 (a), Art. I of the State Constitution until such time as the City provides notice of an intended decision concerning the reissued RFQ -26-26 or withdraws the reissued RFQ -26-26. Rest assured this decision was not taken lightly nor without consideration of the time each firm has taken in preparing thoughtful and thorough responses. We appreciate your interest in the project and invite all interested firms to submit/re-submit their Statement of Qualifications in response to the RFQ-26-26 to be issued concurrently herewith.
Q (Proposal Organization vs. Evaluation Criteria): Several Items in Section 11, Proposal Submission Content, do not align with Section 13, Rating System. Please clarify how the proposal submission should be organized to ensure the evaluation team can accurately score based upon the rating system. Examples: -Section 13 includes “Intent/capacity to affect the local economy” as a scored criterion; however, Section 11 does not identify a dedicated section for this content. -Section 13 includes “General Information about the firm/team” as a scored item. Can the City confirm whether this information is intended to be addressed solely within the Cover Letter and DB Profile in Part 3, or should Proposers provide a clearly labeled subsection addressing this criterion?
A: Q3 a) Intent to affect the local economy can be handled either as an additional tab or included elsewhere – perhaps within Part 1, 2 or 3 Q3 b) Much like “local effect”, this could be added as another tab but could likely be derived by evaluation of your Cover Letter & Part 3 -Team and Firm Profile.
Q (Evaluation Committee Meeting): The Selection Committee Review is slated for 4/28/26 - 5/26/26. Can the City provide the date/time for the final scoring meeting, which is typically a public meeting?
A: An evaluation meeting is not scheduled until after the response deadline and Procurement has reviewed all proposals for "responsiveness". Typically, they fall about 4-6 weeks after the bid deadline.
Q (Organizational Chart): Please clarify conflicting information regarding the placement of the organizational chart(s) required for this submission. Under Section 11, Part 3 (pg. 14) the RFQ states to: "Begin Part 3 with two organizational charts." Later, under Section 12, the RFQ states: "Resumes for key team members, organizational chart and City forms should be incorporated as an appendix which will not be part of the proposal’s page count."
A: Please follow instructions in Section II, Part 3. The secondary reference is standard language in most RFQs and should have been removed but was missed in our review. In the event a proposer includes org charts in the appendix, this will not be an issue either.
Q (Site Visit): Under Section 11, Part 2 - Project Approach, the 3rd bullet states: "Based on the reference documents and Proposer's site visits, describe how the Proposer plans to execute..." Noting that there is no planned site visit scheduled by the City, please confirm that it is the City's intent that proposing firms visit the site on their own accord if deemed necessary.
A: The intent is for the proposers to do independent site visits.
Q (No subject): Section 11 Part 2 - Project Approach identifies items to be addressed in the proposal. Section 13 lists different items under the approach in which proposers will be rated on. Which section does the selection committee expect the Project Approach information to come from in order for proposers to achieve the highest amount of points? Thank you.
A: Section 11 Part 2 lists items that the the proposer should include in the submittal. Section 13 is the rating system and identifies the possible points to be awarded. Understanding of the project approach for success has a possible points of 30 out of the total 100.
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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