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Item 06 Approval to Piggyback the City of Orlando Ballfield Maintenance Contract for Install of New Sod by Lake Jem Farms, Inc.
ocoee florlda AGENDA ITEM COVER SHEET Meeting Date: November 2, 2021 Item # Reviewed By: Contact Name: Mark Johnson Department Director: Mar ,;,* Contact Number: Ext. 5202 City Manager: Rob Fran". Subject: Approval toPiggybaCkOffthe City of Orlando Bailfueld Maintenance Contract for install r-otnewAod-hytake Jerit'Farrns; _ - - : Background Summary: As part of Capital Improvements for the Jim Beech Recreation Center soccer fields, the Parks and Recreation Department has budgeted $200,000,00. The Parks and Recreation Department is proposing to install new sod for the creation of more soccer fields. Staff is requesting permission to piggyback off the City of Orlando Ballfield Maintenance Contract IFB18-0175 for installation of the new sod by Lake Jem Farms, Inc. for these services. Lake Jem Farms, Inc. has submitted a proposal to supply and install the new sod in accordance to the plans,with unit pricing, in the amount of$132,375.00, based upon the aforementioned contract. Issue: Should the Commission approve piggybacking off the City of Orlando Ballfield Maintenance Contract IFB18-0175 and award supplying and installation of the new sod with Lake Jem Farms, Inc. in the amount of$132,375.00? Recommendations: Staff recommends proceeding with piggybacking off the City of Orlando Ballfield Maintenance Contract IFB18- 0175 and award supplying and installation of the new sod with Lake Jem Farms, Inc. in the amount of$132,375.00 Attachments: • Lake Jem Farms, Inc. Proposal • City of Orlando Ballfield Maintenance Contract IFB18-0175 • Renewal of Term Contract for IFB18-0175 — Ball Field Maintenance (Amendment 4) Financial Impact: Funds in the amount of$200,000.00 are appropriated in the Parks and Recreation Department Budget, account number 317-572-10-6302 (Job# P000066), for capital projects. Type of Item: (please mark with an nx, Public Hearing I For Clerks Dept Use - Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing, Resolution .-`,---_,Regular Agenda —X— Commission Approval Discussion&Direction • Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. IRWOr\r-x14)----- N/A Reviewed by () N/A 2 Page: 1 Quote � - — ' ^ — - o,dexmumuen 0109997 Lake Jem Farms,LLC Ord=rDaun 10n3/202 � � 8O2S.Duncan Dr. Ship Date: 7/8/2022 Tavares,FL 32778 (352)383-7196 Salesperson: BM ousmmo,wumuwc oo-CIITouo Sold To: Ship To: City of Ocoee City of Ocoee 15DN Lakeshore Drive Jim Beech RocCenter Ocoee,FL 34761-2223 182mAo Mims Rd. ocoee,FL347a1 Confirm To: Dan Abdo 4n7-427-9878 Customer P.O. Ship VIA F.O.B. Terms Not 38 Item Code Unit o"umau mmppou Back Order p,ina Amount nol0nou Yard oumpvte, EACH 1.0 oo 0.0 375.000 375.00 #umn 8V120LJ Restore Sportsf|eld TON 800.0 0.0 0.0 35.080 21.000.00 Laser Grading Infield EACH 100.000.0 0.0 0.0 0.100 10.000.00 8-2-8 with root gel SQFT 100.000.0 0.0 0.0 0.058 5.000.00 ^Starter Fertilizer Celebration Bermuda GQFT 100,000.0 0.0 0.0 0.800 90,000.00 miscCharge EACH 24.0 0.0 0.0 250.000 6,000.00 °Haul soils mfield , we have inspected the above shipment of goods and accept uas satisfactory and we assume all responsibility for the Net Order: 132,375.00 care and treatment of the goods as of the date hereof.Buyer shall pay to seller responsible cost of collection of money Less Discount: 0.00 due and unpaid including reasonable attorneys'fees.Buyer shall pay to seller a service charge of 1.5%per month on Freight: 0.00 overdue,unpaid balance in addition to maximum legal interest.The venue for any legal action will be in Lake County, Sales Tax: 0.00 Florida Order Total: 132.375.00 s4w Date „75Vt.,00.26V/k, CITY OF O1ANDo July 17,2018 Jim Grainger Lake Gem Farms, Inc. 862 S. Duncan Dr. Tavares,FL 32778 SUBJECT: .IFB18-0175,Ball Field Maintenance Dear Mr, Grainger, The attached contract is the City of Orlando's acceptance of your offer in response to IFB18- 0175, Ball Field Maintenance, and is subject to all terms and conditions therein, as well as any addenda to that solicitation. This contract is an initial one (1).year contract, effective July 5, 2018 and will remain in effect through July 4, 2019. This contract may be renewed upon mutual agreement as provided in the solicitation. Any amendments to this contract must be in writing and signed by both parties to be valid, binding, and enforceable. All invoices must reference the subject Contract Number. Invoices must be submitted to the address below: Accounts Payable City of Orlando 4th Floor,City Hall PO Box 4990 Orlando,FL 32802-4990 Please remember that only those goods/services specifically listed in this contract can be invoiced. The description and unit prices on each invoice must match the description and unit pricing in the subject contract. Invoices not meeting these requirements are considered Improper Invoices and will be returned. Sincerely, • AU-6—e Diane Wetherington, CPPB Purchasing Agent III cc: Recreation Division Accounts Payable File PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 SOUTH ORANGE AVENUE P.O.BOX 4990•ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 •FAX 407.246.2869•CityofOrlando,net•esupplier,cityoforlando.net Rev: 052512 • Mayor Chief Procurement Officer Buddy Dyer ''''''"�"''` David Billingsley,CPSM,C.P.M. ;E,• ,,;. CITY OF ORLANDO ORIGINAL INVITATION FOR BIDS (IFB) DATE OF ISSUE: APRIL 30,2018 IFB DUE DATE: May 31,2018 IFB DUE TIME: 2:00 p.m.,Local Time,City of Orlando,FL BID DELIVERY LOCATION: City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor Orlando,Florida 32801 Bid opening held at same location. • IFB TITLE: BALL FIELD MAINTENANCE IFB NO: IFB18-0175 (IFB NUMBER MILT BE PLACED ON FRONT OF ENVELOPE) . • LIB+i rt - ,?`'ii.. DIRECT ALL INQUIRIES TO: Diane Wetherington,Purchasing Agent III Phone: (407)246-3633 Email: Diane.Wetherington@cityoforlando.net BUSINESS NAME&ADDRESS CONTACT INFORMATION Lake Jern Farms, Inc Jim Granger Business Name Name of Contact Individual 862 S Duncan Dr 862 S Duncan Dr Address- Contact Address Tavares,FL 32778 Tavares,FL 32778 City, State,Zip Contact City,State,Zip 352-383-7196 352-267-4068 Telephone Number Contact Telephone Number jimg©lakejemfarms.com jimg@Iakejemfarms.com Business Email Address Contact Email Address It is the intent and purpose of the City of Orlando that this Invitation for Bids promotes competitive bidding. It shall be the bidder's responsibility to advise the City's Procurement and Contracts Division at the address noted herein, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits . the requirements stated in this Invitation for Bids to a single source. Such notification must be submitted in writing and must be received by the Procurement and Contracts Division not Iater than ten (10)days prior to the bid closing date. Rev:Services—03/15/18 Bail Field Maintenance IFB18-0175 TABLE OF CONTENTS: PAGE INSTRUCTIONS FOR SUBMITTING BID .4 SUBMI 1-1 AL REQUIREMENT CHECK LIST 5 SEALED BID ENVELOPE LABEL 6 INVITATION FOR BIDS AWARD INFORMATION 7 NON-MANDATORY PRE-BID CONFERENCE . 8 NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE NOTIFICATION .9 SPECIFICATIONS 10 EXHIBIT"A" 11 SPECIAL CONDITION CLAUSES 13 GENERAL CONDITIONS 14 STANDARD TERMS AND CONDITIONS 15 FORMS AND SUBMITTAL DOCUMENTS: SOLICITATION COVER PAGE I BID PRICE FORM(S) 37 BIDDER'S CERTIFICATION 38 CONFLICT OF INTEREST DISCLOSURE FORM 39 CONTRACT AND ACCEPTANCE FORM 40 BIDDERS QUESTIONNAIRE 41 WRITTEN QUESTION(S)FORM 43 MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION FORM 44 VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM 45 ADDENDUM ACKNOWLEDGMENT FORM 46 NO-BID RESPONSE FORM 47 Procurement and Contracts Division rage:3 Ball Field Maintenance IFB18-0175 INSTRUCTIONS FOR SUBMITTING BID IN RESPONSE TO INVITATION FOR BIDS FOR THE BALL FIELD MAINTENANCE PREPARATION OF BIDS: I. Bidders are expected to examine this bid form, attached drawings, specifications, if any, and all instructions. Failure to do so will be at The bidder's risk. 2. All prices and notations must be in ink or typewritten. No erasure permitted. Mistakes may be crossed out and corrections typed adjacent and must be initialed and dated in ink by the person signing the bid. All bids must be signed by the bidder and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. 3. Each bidder shall furnish the information required on the bid form and each accompanying • sheet thereof on which he/she makes an entry. 4. Unit prices for each unit bid shall be shown. A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices • will be presumed to be correct. 5. Although the City generally awards bids based on a "lump sum" basis to the responsive and responsible bidder submitting the lowest total bid, the City may choose to award on a "per group" or "per item" basis. Therefore, bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages will render such bid non-responsive. Procurement and Contracts Division Page: 4 Ball Field Maintenance IFB18-0175 SUBMITTAL CHECK LIST: Y it Bidders should use the bid check list below of standard forms which are to be completed and returned as part of your bid submittal. Failure to complete and return required forms may result in tour bid being non-responsive and not considered for award. The items listed below are required. Additionally, other forms/items may be required to be submitted under the-terms of this Invitation for Bids which are not listed below. It is the bidder's responsibility to read and underst nd the provisions of this Invitation for Bids. Solicitation Cover Page with completed information requested. g p q Current Copy of Bidder's W-9 iBids Price Form(s)(Unit Price and Total Price Columns completed). Bidder's Certification,signed and notarized. :7/ Bidder's Questionnaire. Conflict of Interest Disclosure Form. ;/ Contract and Acceptance Form. t. Bid must be submitted as one (1)original,one(1)hard copy,and one PDF electronic copy on a CD or Flash Drive. • /E/f i4 Minority/Women Owned Business Enterprise Participation Form. /1i//3' Veteran Business Enterprise Participation Form. Completed Addendum Acknowledgment Form for each Addendum. It is the bidder's responsibility to contact the City's Procurement and Contracts Division prior to submitting a bid to ascertain if any addenda have been issued,to obtain all such addenda, and return executed addenda with the bid. If you have downloaded this bid from the Internet, please ensure that you also download all such addenda. Special Items Required: 1. Certificate of Insurance required within seven (7) days of Notice of Intended Action. See Pages 24 to 26 for details. Written Question(s) Form: Written questions must be received at least ten (10) days prior to the solicitation due date. Procurement and Contracts Division Page: 5 / / Ball Field Maintenance IF1318-0175 SEALED BID ENVELOPE LABEL: Complete the label below with all appropriate information and affix it to the outside of the envelope containing your submittal. This,will assist in the proper processing of the submittal and avoid revealing the contents of that envelope'until the official solicitation opening time and date. I SEALED BID ENCLOSED (To be opened by Procurement official noted below) - Respondent's Name: Lake Jem Farms, Inc. Respondent's Address: 862 S Duncan Dr. Tavares, FL 32778 Respondent's Contact Name: Jim Granger Respondent's Telephone Number: (352 ) 267-4068 City of Orlando Procurement and Contracts Division Attention: David Billingsley, CPSM, C.P.M., Chief Procurement Officer C/O Purchasing Agent: Diane Wetherington 400 South Orange Avenue,Fourth Floor Orlando,Florida 32801 Solicitation No.: IFB18-0175 Solicitation Title: BALL FIELD MAINTENANCE Solicitation Due Date & Time: MAY 31, 2018 AT 2:00 P.M. Local Time,City of Orlando,FL Procurement and Contracts Division Page: 6 Ball Field Maintenance IFB18-0175 INVITATION FOR BIDS AWARD INFORMATION: The City's Procurement and Contracts Division is the official source to obtain information relating to City of Orlando solicitations. It is incumbent on the Bidder to obtain current bid and award information prior to and after the scheduled opening date of a solicitation. Information is updated daily as it becomes available. An award,or recommendation of award, may be made at any time after the scheduled opening • date of a solicitation. You may obtain award and other solicitation information in a variety of ways: 1. Bid documents are available for download from the eSupplier website: You may access solicitation information by visiting the City's eSupplier website by copying the following link in your web browser: https://vendorl ink.cityoforlando.net/common/default.aspx 2. You may also visit the Procurement and Contracts Division to obtain award information, solicitation packages,addendums,and other documents. Our office is located at: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 3. You may also call the Procurement and Contracts Division at (407) 246-2291, during normal business hours,to request a solicitation and other related information. Please remember, email notification is provided as a courtesy to our vendors, but it is the vendor's responsibility to check with the City of Orlando's website at: https://vendorlink.cityoforlando.net/common/default.aspx for current bid,and other information. We appreciate your interest in doing business with the City Beautiful and wish you much success with your business ventures. Procurement and Contracts Division Page: 7 Ball Field Maintenance I.I4318-0175 NON-MANDATORY PRE-BID CONFERENCE: All prospective bidders are invited to attend a Non-Mandatory Pre-Bid Conference at: City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor Orlando,Florida 32801 On May 16,2018, at 10:00 a.m.,Local Time, City of Orlando,FL The purpose of the Pre-Bid Conference is to provide and solicit information relative to the scope, purpose, nature and extent of the work, and any local conditions, which may affect the work and its performance. Submission of a bid shall constitute an acknowledgment by the bidder that it has thoroughly examined and is familiar with the INVITATION FOR BIDS. The failure or neglect of a bidder to examine the INVITATION FOR BIDS,shall in no way relieve the bidder of any obligations with respect to either its bid or the INVITATION FOR BIDS. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the INVITATION FOR BIDS. Procurement and Contracts Division Page: 8 Ball Field Maintenance IFB18-0175 SPECIFICATIONS FOR THE BALL FIELD MAINTENANCE The Contractor shall provide all labor, materials, equipment and supplies as needed for specialized ball field maintenance at various City of Orlando owned ball fields on a seasonal basis. The Contractor will be notified by the City when maintenance is needed and where. Exhibit"A"contains the list of ball fields and addresses. Maintenance of ball fields consists of the following: A. Construction of Pitchers Mound: 1. 3'x5' metal frame for table of mound. 2. 6' slope gauge with 1' intervals of slope measurements from 1"to 6"drop. 3. 306 clay bricks for high pressure locations. 4. Approvimately one 12 yard load of clay. • 5. 6 hours labor. B. Lip removal from back of infield crescent: 1. Removal at least 24"of existing turf with sod cutter. 2. Use RotaDairon to blend new area of infield clay to create a porous subsurface. 3. Re-sod with heavy cut(at lest 2")of sod/soil. 4. Roll new clay/sod area that was blended. C. Replace new sod in worn turf areas: 1. Use sod cutter to remove area with poor Bermuda sod. 2. Grind and blend area using RotaDairon to eliminate soil compaction. 3. Replace worn areas with new certified Celebration Bermuda turf—football/soccer(rugged soil),baseball/smaller area with slab sod. 4. Roll with 3-ton,double—drum roller,then top-dress with white-washed sand. 5. Schedule irrigatin to run twice daily for 7 days. D. Laser grade infield surfaces: 1. Blend existing clay surfaces to a 2" level using RotaDairon. 2. Roll existing clay surface and heavily irrigate until firm 3. Laser clay surface in smaller areas individually,then complete surface in total. 4. Heavily irrigate to create a firm surface before initial scarifying. 5. The pitch needs to flow to the outfield for the purpose of drainage. For the football/soccer fields use rolled Bermuda turf. • Procurement and Contracts Division Page: 10 Ball Field Maintenance IFB 18-0175 o re f y 1 EXHIBIT "A" BALLFIELD AND MINOR PARK LOCATIONS Procurement and Contracts Division Page: 11 Ball Field Maintenance IFB18-0175 BALLFIELD AND MINOR PARK LOCATIONS NAME TYPE OF FIELDS ADDRESS 2-Multi-Purpose Fields,Minor Airport Lakes Park Parks 7098 Shadowridge Drive • 1-Baseball Field and i-Multi- Blankner Field Purpose Field 2500 S. Mills Avenue 1-Multi-Purpose Field, I- .Softball Field, and 2-Baseball 2501 General Rees Blue Jacket Park Fields Avenue Delaney Park 2-Baseball Fields 1055 Delaney Avenue Dover Shores Community 1450 Gaston Foster Center 1-Baseball Field Road Dr.James R. Smith Center 2-Softball Fields 1723 Bruton Boulevard Dr. L. Sylvester Hankins Park 1-Baseball Field 3410 Columbia Street 3-Baseball Fields and 1-Multi- 5165 Metrowest Eagles Nest Park Purpose Field Boulevard Emery Hamilton Sports 4400 West Colonial Complex 4-Multi-Purpose Fields Drive Engelwood Neighborhood Center 1-Softball Field 6123 La Costa Drive 650 West Lake Mann Gilbert McQueen Park 1-Baseball Field Drive Grand Avenue Park 2-Baseball Fields 700 Grand Street Jackson Community Center 1-Baseball Field 1002 Carter Street Lake Como Park 1-Baseball Field 520 Lake Como Lake Fairview Park 5-Softball Fields,Minor Parks 2200 Lee Road 1-Multi-Purpose/Multi-Purpose Lorna Doone Park Field 1519 West Church Street Matthews Park 1 Softball Field 205 East Hazel Street 408 North Tampa Rock Lake Community Center 1-Multi-Purpose Field Avenue 1-Multi-Purpose Field, Minor Rosemont Community Center Parks 4880 Rose Bay Drive 4-Baseball Fields,2 Soft Ball Southport Community Park Fields Minor Parks 3437 Barnstable Place 1-Softball,3-Baseball Fields and 4-Multi-Purpose Fields,Minor Trotters Park Parks 2701 Lee Road Procurement and Contracts Division Page: 12 Ball Field Maintenance IFBI8-0175 SPECIAL CONDITION CLAUSES Site Conditions The bidder, having visited the site and familiarized themselves with the local conditions, nature, and extent of the work, and having examined carefully the specifications and Terms and Conditions herein, proposes to futnish all equipment, labor and materials without exception for the proper execution and completion of the work and if awarded the contract, to complete the said work within time limits as specified for the following bid prices. Quantities The quantities for the items listed in this solicitation are estimated annualauantities for bid evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all bidders that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation. Procurement and Contracts Division Page: 13 Ball Field Maintenance IFB18-0175 GENERAL CONDITIONS Bidder should read and follow the following instructions, I. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bidder's Certification Form, 2. SEALED DIDS: All bids must be submitted in a sealed envelope. The face of the envelope shall contain the date and time of the bid opening and the bid number. Bids not submitted on the City's bid forms may be rejected. All bids are subject to the conditions specified herein and on any attached sheets,specifications,standard tens and conditions and special conditions. 3. NO BID FORM: In the event you elect not to bid this requirement,respond by returning this form,marking it "NO BID"and the reason therefor. NOTE: To qualify as a respondent,bidder must submit a"BID"or"NO BID"and it must be received no later than the stated bid opening date and time. 4. BID OPENING: Shall be public,on the date and at the time specified on the bid fonn,with the total bid amount being read aloud. It is the bidders responsibility to assure that their bid is delivered at the proper time and place of the bid opening, Bids which for any reason are not so delivered,will not • be returned but will be retained in the"BID FiLE"unopened. Telephone or telegraphic bids cannot be accepted. 5, PRICES,TERMS,and PAYMENT: All prices must be firm for the delivery schedule quoted herein. Bids stipulating"Price in effect at lime of shipment'or other similar conditions will be considered not responsive to the bid invitation and will not be accepted. Alt prices shall be quoted P.O.B. delivered to any City of Orlando Department unless otherwise stipulated in the bid invitation. Bidder is requested to offer cash discount for prompt invoice payment. It is the policy of the City of Orlando to make payments of invoices in time to earn any offered cash discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office,whichever is later. a) 'TAXES: The City of Orlando does not pay Federal excise and State sales taxes, Our tax exemption number is 85-8015427957C-9 and is also stipulated on all our Purchase Orders. • b) POLITICAL SUBDIVISIONS: Under Florida Law,prices contained in State Contracts shall be available to the City of Orlando,who might wish to purchase under a State Purchase Contract. The City of Orlando therefore reserves the right to purchase any commodities from a Slate Purchase Contract if in the best interest of the City. c) MISTAKES: Bidders are expected to examine the specifications,delivery schedules,bid prices,and all instructions pertaining to supplies and services. Failure to do so will be a bidder's risk. d) CONDITION and PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new(current production model at the time of this bid). All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. e) SAFETY STANDARDS: Unless otherwise stipulated in the bid,all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder, f) MARKING: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the vendor and must also clearly indicate the City of Orlando Purchase Order Number. g) INVOICING and PAYMENT: The supplier shall be paid in accordance with Florida Statutes,upon submission of invoices to: 'Ihe Accounts Payable Section,City of Orlando,400 South Orange Avenue,Orlando,Florida 32801. Invoices arc to be billed at the prices stipulated on the purchase order and as outlined in this bid. All invoices must show the City of Orlando Purchase Order Number, 6. CONFLICT OF INTEREST: The award hereunder is subject to Chapter 112,Florida Statutes. All bidders must disclose with their bid the name of any officer,director,or agent who is also an employee of the City of Orlando. Further,all bidders must disclose the name of any City of Orlando employee who owns,directly or indirectly,an interest of ten percent(10%)or more of the bidders finn or any of its branches. 7. AWARDS: As the best interest of the City of Orlando may require,the right is reserved to make award(s)by individual items,group of items,all or none,or a combination thereof;with one or more suppliers;to reject any all bids or waive any informality or technicality in bids received. 8. INSPECTION,ACCEPTANCE,and TITLE: Inspection and acceptance will be al destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the stripper(vendor)until accepted by the using department of the City of Orlando,unless loss of damage results from negligence by the City of Orlando or its Departments. 9. DISPUTES: In case of any doubt or differences of opinion as to the items to be tiurnished hereunder,the decision of tho City of Orlando's Chief Procurement Officer shall be final and binding on both parties. All disputes between the parties shall be resolved in accordance with the City Procurement Code,(Chapter 7 of the City Code). 10. LEGAL REQUIREMENTS: Federal,State,County and local laws,ordinances,rules and regulations that in any manner affect the item(s)covered herein apply. Lack of knowledge by the bidder will in no way be cause for relief from responsibility. II. LIABILITY: The vendor shall hold and save the City of Orlando, its officers,agents and employees harmless from liability of any kind in the performance of or fulfilling the requirements of the purchase order or contract which may result from this bid. NOTE: ANY AND ALL STANDARD OR SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. Procurement and Contracts Division Page: 14 • Ball Field Maintenance IFB18-0175 STANDARD TERMS AND CONDITIONS 1. RECEIPT OF BIDS: a. Bid must be submitted as one (1) original, one (1) bard copy, and one PDF electronic copy on a CD or Flash Drive, and shall be submitted to the Procurement and Contracts Division prior to the date and time specified herein. Bids will not be accepted after the designated time and date. It is solely the responsibility of the bidder to ensure timely delivery of their bid submittal. b. Each bid shall be submitted in a sealed envelope and marked with the bid number, title of the bid,and bid opening date and time. c. If submitted by mail,the bid submittal shall be enclosed in a sealed envelope addressed to the City's Chief Procurement Officer (CPO), at the address listed below. Bids submitted by mail must be received in the office of the Procurement and Contracts Division by the time specified herein for the opening thereof. Please be advised that United States Postal Service (USPS) Express and Priority service classes, are delivered to the City once daily. Accordingly, in order for a submission to be received by the office of the Procurement and Contracts Division when the services of the USPS are used, a proposer or bidder is responsible for ensuring that their submittal is transmitted in such manner as necessary for the USPS to receive, sort, and deliver to the City by the submittal due date and time. The City only collects other USPS mail one (I) time per day upon opening of the local Post Office branch, which is then sorted by the City for delivery to the Procurement and Contracts Division and other City departments. Submissions arriving at the USPS after the initial pick- up by the City will be placed in the City's call-box for pick-up and will not be delivered to or received by the Procurement and Contracts Division until the next business day. When using the USPS or any other mail delivery services, it is the sole responsibility of the bidder to ensure that bids or proposals are received in the office of the Procurement and Contracts Division by the due date and time. The City shall not be responsible for delays caused by any occurrence. d. All bids shall be mailed or delivered to the office of the Procurement and Contracts Division at the address listed below. Sealed bids are to be addressed as follows: City of Orlando Procurement and Contracts Division Attention: David Billingsley, CPSM, C.P.M. Chief Procurement Officer C/O Purchasing Agent: Diane Wetherington 400 South Orange Avenue, Fourth Floor Orlando,Florida 32801 Procurement and Contracts Division Page: 15 Ball Field Maintenance IFB18-0175 2. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS; a. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation). Except for communication with the City's designated point of contact set forth in this solicitation or as otherwise authorized by the City's Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a respondent or potential respondent (or on a respondent or potential respondent's behalf) to or with any officer, elected official (including the Mayor and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation, During the prohibited communication period, all contacts and communications regarding the solicitation by a respondent, or potential respondent, including their agents, representatives and others on their behalf, shall be directed to the City's • Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City's Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a respondent or potential respondent under the City's Procurement Code. b. Any questions by a bidder relative to the interpretation of specifications or the bid process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline,questions must be received by the Procurement and Contracts Division ten (10) days prior to the date set for the receipt of bids. Please see the "Written Question(s) Form" under Forms and Submittals Section of this solicitation. Any interpretation made to prospective bidders with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an Addendum to the specifications which, if issued, will be conveyed to all prospective bidders no later than five(5)days before the date set for receipt of bids. Oral answers will not be authoritative. c. It will be the responsibility of the bidder to contact the Procurement and Contracts Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda,and return executed addenda with the bid. d. All communication and contact regarding this solicitation shall be directed to the Purchasing Agent referenced on the cover page of this Invitation for Bids: Diane Wetherington,Purchasing Agent III City of Orlando Procurement and Contracts Division City Hall at One City Commons 400 South Orange Avenue, Fourth Floor Orlando,Florida 32801 (407)246-2291 Fax (407)246-2869 Diane.Wetherington@cityofor1ando.net Website: http://www.cityoforlando.net/procurement/ Procurement and Contracts Division Page: 16 Ball Field Maintenance 1FB18-0175 3. TERM OF THE CONTRACT: The term of the contract resulting from the solicitation, shall be for an initial twelve (12) month period. The contract may, by mutual assent of the parties, be extended for three (3) additional twelve(12)month periods or portions thereof, up to a cumulative total of forty-eight(48) months. 4. BIDDER'S CERTIFICATION FORM: Each bidder shall complete the "Bidder's Certification Form" included with this Invitation for Bids. The form must be acknowledged before a Notary Public with notary seal affixed on the document. The failure of a bidder to include this document with their bid submittal will be cause for rejection of the bid. 5. SUBMITTAL OF BIDS: Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount provided by a bidder for any item are not in agreement, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. 6. BID INFORMATION: It is incumbent on the bidder to check the City of Orlando's website at https://vendorlink.cityoforlando.net/common/default.aspx or contact the Procurement and Contracts Division for current bid and award information,prior to and after the scheduled opening date of a solicitation, in accordance with the instructions provided herein, in section entitled, "Invitation for Bids Award Information". 7. EXCEPTIONS TO TERMS AND CONDITIONS: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the. City's bid document(s). Inclusion of additional terms and conditions, such as those which may be on your company's standard forms,may result in your bid being declared non-responsive. 8. SPECIFICATIONS: a. The Specifications shown in the Invitation for Bids are intended to represent items of a quality level known to meet City's requirements. While the City endeavors to promulgate written Specifications that are accurate and nonrestrictive for bidding purposes, they may also reference an item by manufacturer's name and model number. Bidders are cautioned that in the event of a discrepancy therein, such difference must be timely questioned in writing. Any written question must be received by the Procurement and Contracts Division at the address on the cover of this solicitation no later than ten (10) days prior to the bid opening. Procurement and Contracts Division Page: 17 Ball Field Maintenance IFB18-0175 b. If any proprietary, trade, brand, or manufacturers' name or part number is used herein in describing the required equipment or materials, it shall be understood to indicate the minirtmrn standard of composition and quality desired, and shall not be construed to exclude equipment. or goods that equals or exceeds the functional capability and quality of the named equipment. The City, in its sole discretion, shall determine whether equipment or goods are equivalent in capability and quality. Bidders are strongly encouraged to submit equivalent equipment or materials for consideration during the question and answer period. If equivalent equipment or materials is proposed, indicate the manufacturer's name and model number for the equipment and include any literature or other explanation of the equipment's quality or performance with your bid. c. The equipment bid herein shall be new and shall be of the current production model. If applicable, detailed equipment specifications for make and model offered shall be provided with bid. d. Bidders may be required, at no expense or liability to the City, to make available for test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal equipment that may be seen under operating conditions in the Central Florida area. 9. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. 10. DISCOUNTS: Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified,whichever is later. 11. ALTERATIONS/CHANGES TO BID PRICE FORM(S): Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price Form(s). The unit price bid and total extensions must correspond to these designations. Each line item will be extended as indicated (quantity x unit price). The unit price shall prevail. 12. ADDENDA: It is the bidder's responsibility to contact the Procurement and Contracts Division prior to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and return executed Addenda with the Bid. If you have downloaded this Bid from the Internet, please ensure .that you also download all such Addenda. The failure of a bidder to submit acknowledgment of any Addenda that affects the bid price(s), is considered a major irregularity and will be cause for rejection of the Bid. Procurement and Contracts Division Page: 18 Ball Field Maintenance IFB18-0175 13. "NO BID" RESPONSE FORM: In the event you elect not to bid on this requirement,please complete and return the "No Bid"form included in this solicitation. 14. OPENING OF BIDS: Sealed bids will be received in the Procurement and Contracts Division until the due date and time as specified in this Invitation for Bids. Bids will be opened and the total bid amount shall be publicly read aloud immediately following the published due date and time. No responsibility will attach to the City for the premature opening of a bid not properly addressed and identified. Bidders or their authorized agents are invited to be present at the bid opening, 15. BIDDER QUALIFICATION: Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service. The City reserves the right to request information or conduct an inspection of the bidder's facility and equipment prior to the award of the contract. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. Failure to comply with the established deadline for submittal of required documents may be • grounds for disqualification. 16. INSPECTION OF PUBLIC RECORDS: Bidders may request copies of the solicitation records in person or by written request to the City Records and Archive Management Services located at 400 South Orange Avenue, 2"d Floor, Orlando, Florida, 32801 or by calling (407) 246- 2148. You may also email your request to records@cityoforlando.net. Pursuant to Florida State Statute Chapter 119.07, sealed bids are exempt from public inspection until such time as the City provides Notice of Intended Action or until thirty(30)days after bid opening, whichever is earlier. 17. IRREGULAR BIDS: Bids made on other than the documents furnished by the Procurement and Contracts Division may not be considered. Changes in phraseology, additions, or limiting provisions made on the Invitation for Bids may render the bid irregular and may cause rejection. The City's Chief Procurement Officer,however shall have the authority to waive minor irregularities. Procurement and Contracts Division Page: 19 Ball Field Maintenance IFB18-0175 18. UNBALANCED BIDS: At determined by the City's Chief Procurement Officer in the CPO's discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are, or appear to be, excessively unbalanced. 19. WITHDRAWAL OF BIDS: After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may withdraw or correct a bid prior to the stipulated date and time for the opening of bids upon a written request to the City's Chief Procurement Officer. 20. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the responsive and responsible bidder who submits the lowest bid meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible bidder submitting the lowest bid shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City's MBE/WBE program and VBE preference. In determining whether a bidder is responsible, the City reserves the right to consider matters such as, but not be limited to, quality offered, delivery terms,and service reputation of the bidder. 21. AWARD OR REJECTION OF BIDS: The City's Chief Procurement Officer reserves the right to accept any, all or part of any bids, to waive minor irregularities,or to reject any, all or part of any bids, and to advertise for new bids, as the interest of the City may require. The City's Chief Procurement Officer also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price,may be considered by the City's Chief Procurement Officer: a. The ability, capacity and skill of the bidder to perform the service required. b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified,without delay or interference. c. The character, integrity,reputation,judgment,experience and efficiency of the bidder. d. The quality of performance of previous contracts or services. e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. Procurement and Contracts Division Page:20 Ball Field Maintenance IFB18-0175 g. The quality, availability and adaptability of the supplies, or services, to the particular use required. h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. i. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City,or whether the bidder's taxes or assessments are delinquent. j. Such other information as may be relevant or secured. 22. SELECTION/REJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options which are bid, based on price and other considerations as deemed to be in the best interests of the City. 23. MULTIPLE AWARDS: The City reserves the right in its sole discretion after evaluation of all responsive bids,to award the work described herein to more than one responsive and responsible bidder. In such cases where an award is made to more than one responsive and responsible bidder, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider's designation as primary,secondary or alternate. 24. CONTINGENT FEES: The bidder warrants that no City official or employee was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 25. IRREVOCABLE OFFER: The submission of a bid shall constitute an irrevocable offer to the City by the bidder for a period of ninety(90)days from the date of bid opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the bid. 26. PRICING AND ORDERING: The City will issue purchase orders directly to the awarded bidder for the purchase of supplies and materials. The awarded bidder shall honor these orders in accordance with the terms and conditions of the solicitation and their pricing and discounts terms as listed in their bid submittal. Unless otherwise specified,the awarded bidder shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City. Procurement and Contracts Division Page: 21 Ball Field Maintenance IFB18-0175 27. RETURN OF MERCHANDISE: All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City of Orlando. The City may return, for full credit, any unused items received which fail to meet the city's performance standards. Replacement items meeting Specifications must be submitted within a reasonable time after rejection of the non-conforming items. The supplier is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the vendor and include reference to an applicable Vendor Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Vendor Invoice or Packing List. 28. CONTRACT SALES REPORT The Contractor shall report sales and usage data to the City on an annual basis in Excel spreadsheet format. The following data at a minimum must be reported for each item included on the Price Form that is procured during the reporting period: • Contract name and number • Contractor name • Reporting period • Department/Division/Location name • Order date • Item description • Unit of measure • Quantity • Unit price • Extended price • Total purchase amount for the quarter Submission of Contract Sales Reports is the responsibility of the Contractor,without prompting or notification by the City. The Contractor will submit by email the completed Contract Sales Reports to the Purchasing Agent identified in the Contract. The City shall work with the Contractor to develop the approved electronic format and content of the Contract Sales Reports to be used by the Contractor. Failure to provide Contract Sales Reports, including no sales status, may be grounds for default and/or cancellation of the Contract. 29. FAMILIARITY WITH SITE WORK AND CONDITIONS: The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the bidder's. Submission of a bid shall constitute acknowledgment by the bidder that it is familiar with all such conditions. The failure or neglect of a bidder to familiarize itself with the site of the proposed work,shall in no way relieve it from any obligations with respect to its bid. Procurement and Contracts Division Page:22 Ball Field Maintenance IFB18-0175 30. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Contractor and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five (5) years from the date of final payment under the contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation,claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later. 31. ASSIGNMENT: . The Contractor shall not sell, assign, or transfer any of its rights, duties, or obligations under the contract or under any purchase order issued pursuant to the contract, without the prior written consent of the City. The Contractor shall give full attention to the contract, to the faithful execution of the contract,and shall keep the same under its control. 32. FISCAL YEAR FUNDING APPROPRIATION: a. Specified 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 funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods • When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. 33. APPLICABLE LAW AND APPEALS: This solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of the City of Orlando's Code which can be accessed online at: https://www.municode,com/library/fl/orlando/codes/code_of ordinances?nodeld=TITIICICO_CH 7PRCO or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code. 34. WARRANTY: Bidder warrants that all equipment, materials and workmanship,whether furnished by bidder or its subcontractor(s), will comply with the City's specifications, drawings and other requirements. The Contractor warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults,defects or errors. Procurement and Contracts Division Page:23 Ball Field Maintenance IFB18-0175 Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one (1) year from completion of the Work, the Contractor shall, at the City's option, either reperform such portions of the Work to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City,which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the work provided by other Contractors. 35. CONTRACT AND ACCEPTANCE FORM: In order to expedite the contracting process after bid opening and preclude delays occasioned by subsequent contract execution, bidders are requested to sign the Contract and Acceptance Form included with this solicitation and return the form with their bid. In the event that a successful bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if necessary, a letter of authorization) with their bid, the City shall notify the bidder of the City's intent to make an award and the bidder shall submit such form properly executed (together with a letter of authorization, if necessary,as set forth below) within fifteen (15) calendar days of receipt of notice from the City. Unless such time is extended by the City,the failure of a bidder to submit a properly executed form (and, where necessary, a letter of authorization) within said time period shall be cause for cancellation of the intended award by the City in its sole discretion. In the event that an intended award is cancelled, the award may then be made to the next lowest responsive and responsible bidder or the City's Chief Procurement Officer may decline to make an award. Successful bidders who default in properly executing the Contract and Acceptance Form after notification of the City's intent to make an award shall forfeit any bid security to the City and are subject to suspension and/or debarment by the City. Unless otherwise agreed by the City in its sole discretion,the Contract and Acceptance form shall be executed and notarized as follows: a. If the bidder is a corporation, the Contract and Acceptance Form shall be signed by an authorized corporate officer(i.e.,President, Vice President,C.E.O. or C.O.O.). b. If bidder is a Partnership, the Contract and Acceptance Form shall be signed by a general or managing partner. c. If the bidder is a limited liability company, the Contract and Acceptance Form shall be signed by a Manager or Managing Member having authority to bind the company. d. If bidder is a sole proprietorship,the owner shall sign the Contract and Acceptance Form. If an aforementioned signatory is not available and a different authorized signatory executes the form, a letter of authorization reflecting the signatory's authority shall be submitted on the bidder's stationery stating that the person who signed the form is duly authorized to enter into such contract on behalf of the bidder. Such letter of authorization shall be signed by one of the designated signatories above or such other representative as may be acceptable to the City. If you have any questions regarding the execution of the Contract and Acceptance Form, please contact the Procurement and Contracts Division at(407)246-2291 for further clarification. If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by the City with respect to the items awarded and returned to the bidder evidencing the City's acceptance of the bid. Procurement and Contracts Division Page: 24 Ball Field Maintenance IFB18-0175 No award shall be final, and no bidder shall have any entitlement to a contract or award, until such time as the City has executed the Contract and Acceptance Form. Upon execution by both parties, the Contract and Acceptance Form will constitute the formal written contract between the City of Orlando and the bidder. Any such resulting contract shall be non-exclusive, and the City may procure the goods and services listed in said contract from other sources. Within one(1) week of receipt of the fully executed Contract and Acceptance Form, an awarded bidder shall provide to the City with any required bonds, indemnities,and insurance certificate(s). 36. ACCEPTANCE OF MATERIALS/SERVICES: The City will be deemed to have accepted the Work after the City's Chief Procurement Officer is notified by the using Department of its satisfaction that the Work is completed, in accordance with solicitation specifications. The Work under this Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the specifications, the City reserves the right to cancel the Agreement upon written notice to the Contractor. 37. CONTRACT ALTERATIONS: No waiver, alterations, consent or modification of any of the provisions of the contract shall be binding unless in writing and signed by the City's Chief Procurement Officer or the CPO's designee. 38. INDEMNIFICATION: The awarded bidder agrees to indemnify and hold harmless the City, its elected officials, officers, agents, and employees, 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 on appeal, and for the preparation of same arising out of the Contractor's,its officers', agents', and employees' acts, or omissions associated with the contract. 39. INSURANCE: a. General Insurance Requirements. Within seven(7)days of receipt of a notification of intended award from the City, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s)acceptable to the City. The Certificate(s) of Insurance shall demonstrate that the awarded bidder has coverage in accordance with the requirements set forth herein. Insurance coverage must be in force throughout the contract term. Should a Contractor fail to maintain insurance as required or to provide acceptable evidence of insurance within seven (7) days prior to the expiration date of an insurance policy,the City shall have the absolute right to terminate the contract without any further obligation to the Contractor. In such event the Contractor shall be liable for the entire additional cost of procuring performance plus the cost of performing the incomplete portion of the contract at the time of termination. • b. Subcontractors. Unless expressly specified otherwise in this solicitation, a Contractor and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that subcontractors maintain required insurance coverages at all times. Procurement and Contracts Division Page: 25 Ball Field Maintenance II?B18-0175 Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City's approval of insurance coverage to be maintained by a Contractor and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary. c. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition ' precedent to the Contractor's and his subcontractors' initiation of performance, the Contractor and its subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of insurance for a Contractor and subcontractor-furnished insurance and notices of any cancellations,terminations, or alterations of such policies shall be mailed to the Procurement and Contracts Division at the address set forth for delivery of the bid. d. Additional Insureds. All insurance coverages furnished under a contract except Workers' Compensation and Employers' Liability shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its subcontractors. The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies. e. Waiver of Subrogation. The Contractor and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents and employees and against other Contractors and subcontractors. f. Types of Coverage to be Provided. The awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract. (i) Workers' Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all'states"or"other states"endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Procurement and Contracts Division Page:26 Ball Field Maintenance IFB18-0175 Proof of workers' compensation coverage must still be provided for all employees, sub- contractors not eligible for exemption. The liability limits shall not be less than: Workers' compensation Statutory Employer's Liability $100,000 each occurrence (ii) Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle, and shall cover operation on or off the site of all motor vehicles licensed for highway use,whether they are owned,non-owned,or hired, The liability limits shall not be Iess than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iii) Commercial General Liability. This insurance shall be an "occurrence" type policy (excluding automobile liability) written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a "contractual liability" endorsement to insure the contractual liability assumed by the _ Contractor under its contract with the City, and "completed Operations and Products Liability" coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor's work, or work under its direction, requires blasting, explosive conditions,or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence 40. LICENSES: Unless otherwise extended by the City, the awarded bidder will be required within fifteen (15) • calendar days of award date, to provide any and all local, state, and federal licenses, approvals, permits,authorizations and/or certifications which would be applicable for all services to be rendered during the term of the contract. 41. AUTHORITY: The City's Chief Procurement Officer or the CPO's written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. Procurement and Contracts Division Page: 27 Ball Field Maintenance IFB18-0175 42. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid to provide any goods or services to a public entity, may not submit a bid with a public entity for the construction or repair of a public building or a public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in §287.017 of the Florida Statutes for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 43. PROMPT PAYMENT ACT: Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes, Local Government Prompt Payment Act. 1. Proper Invoice For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor,vendor or other invoicing party shall consist of at least all of the following: a. a description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City)reasonably sufficient to identify it(or them); b. the amount due,applicable discount(s),and the terms thereof; c. the full name of the vendor, Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different)and a telephone number; d. the Purchase Order or contract number as supplied by the City; and e. an identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided. Al] invoices, in order to be classified as a proper invoice, shall be delivered to Accounts Payable, Business and Financial Services Department, City of Orlando, 400 South Orange Avenue,P.O. Box 4990,Orlando, Florida,32802-4990. Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City (or party on behalf of the City); the vendor, Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them; and if the contract requires any subcontractors or other parties to be bound by similar other "flow-down" requirements that those requirements have been complied with. Procurement and Contracts Division Page: 28 Ball Field Maintenance 1FB18-0175 2. Dispute Resolution In the event a dispute occurs between a Contractor, vendor or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement and Contracts Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five(45) days, and be resolved not later than sixty(60) days, after the date on which the proper invoice was received by the City. Any decision by the City's Chief Procurement Officer shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision, If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 44. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the awarded vendor, the submission of any bid in response to this Invitation for Bid constitutes a bid made under the same terms and conditions, for the same contract price, to other governmental agencies including the State of Florida and its agencies,political subdivisions, counties and cities. Each governmental agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials ordered and received by it and no agency assumes any liability by virtue of this bid. 45. EQUIPMENT: The Contractor is responsible for all damage or loss by fire,theft or otherwise, to materials, tools, equipment, and consumables, left on City property by the Contractor. 46. TERMINATION FOR CONVENIENCE: The City's Chief Procurement Officer may terminate any contract resulting from this solicitation for convenience with advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all work properly performed or materials provided prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination. 47. DRUG-FREE WORKPLACE CERTIFICATION: By submitting a bid in response to this Invitation for Bids, you are certifying that your company is a drug-free workplace in accordance with Florida Statute §287.087. 48. AMERICANS WITH DISABILITIES ACT: Persons with disabilities needing a special accommodation to participate in this proceeding should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801 telephone (407) 246-2291, not later than seven (7) days prior to the date on which the accommodation is requested. Procurement and Contracts Division Page:29 Ball Field Maintenance IFB18-0175 49. PURCHASING CARD PROGRAM: The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement process. In order to expedite payments to suppliers, The Bank of America VISA Purchasing Card and ePayable solution has been implemented to more effectively control our procurement activities and to achieve a significant cost savings over the traditional paper, purchasing and payment system. As one of the City of Orlando's valued suppliers, your business may also achieve cost savings results by accepting the ePayables solution. Identified supplier benefits of this Program may include: • Reduction of payment time • • Direct electronic deposit to your primary banking account • Increase in working capital • Elimination of invoicing • Reduced collection efforts • Enhanced corporate relationships • Reduced billing costs • Enhanced reporting • Increased sales as a"Preferred Supplier" Additionally, you will be able to grow your customer base by accepting purchasing cards from other corporate customers as well as all major credit cards, therefore, The City encourages all vendors to accept the VISA ePayable solution. 50. RECIPROCAL LOCAL PREFERENCE: In the event the lowest responsive and responsible response to any Invitation for Bids or Request for Proposal is by a vendor whose principal place of business is in a city, county, or state which grants a preference for the procurement of such goods or services to a vendor whose principal place of business is in such area, then the City may award a preference to the (next) most responsive and responsible vendor having a principal place of business in the Metropolitan Statistical Area, (i.e., Orange, Seminole, Lake and Osceola Counties). Such preference shall be equal to the preference granted by the area in which the lowest responsive and responsible vendor has its principal place of business. 51. EMERGENCY SUPPORT: It is hereby made a part of this Invitation for Bids that before,during and after a public emergency, disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods and services on a first priority basis. It is vital and imperative that the citizens of the City are protected from any emergency situation which threatens public health and safety, as determined by the City. Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a first priority basis. The City expects to pay a fair and reasonable price for all goods and services acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a twenty-four(24)hour phone number in the event of such an emergency. Procurement and Contracts Division Page: 30 Ball Field Maintenance IFB18-0175 52. SUBCONTRACTORS: The Contractor shall perform all of its obligations and functions under the contract by means of its own employees, or by a duly qualified subcontractor, which is approved in advance by the City. In the event a subcontractor is employed, the Contractor shall continuously, monitor the subcontractor's performance, shall remain fully responsible to insure that the subcontractor performs as required and itself perform or remedy any obligations or functions, which the • subcontractor fails to perform properly. 53. BID PRICES: Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and profit to perform the work specified in this Invitation for Bids. Bid prices shall remain firm for the entire contract period unless otherwise specified or changed by an Amendment. At each renewal period, price increases or decreases may be considered, provided they are reasonable and acceptable to the City. Any Amendment must be in writing and signed by both parties. 54. GOVERNING LAW/VENUE: Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County, Florida. Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the contract. To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119,0701(2) (b) 1 through 4 of the Florida Statutes. 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 CUSTODIAN OF THE PUBLIC RECORDS AT C/O DEPUTY CITY CLERK, RECORDS@CITYOFORLANDO.NET, TELEPHONE NUMBER (407) 246-3538, 400 S. ORANGE AVE., ORLANDO, FL 32801. 55. RECYCLED CONTENT: In support of the Florida Waste Management Law,bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City is requesting that bidders provide detailed information regarding any known or potential recycled material content in the product that may be extracted and recycled after the product has served its intended purpose, on the Bidder's Questionnaire as provided in this solicitation. If the specifications contained herein require the use of recovered materials,by submitting a bid or response to this solicitation, a respondent agrees and certifies that it will meet such requirement. Upon the conclusion of any contract resulting from this solicitation requiring the use of recovered materials, the Contractor shall submit to the City's project manager for the work a statement regarding the actual percentage of recovered materials utilized in the completion of the contract. Procurement and Contracts Division Page:31 Ball Field Maintenance IFB18-0175 56. LIVING WAGE POLICY: As set forth in City Policy and Procedure 161.3 (for a copy, contact Procurement at 407.246.2291). Covered Service Contractors, as well as their subcontractors (first tier only), shall pay to all of their employees providing Covered Services pursuant to a contract with the City, a living wage for the time spent providing services to the City. (This provision does not include general administrative personnel unless they are assigned to a City project). "Living wage" means compensation for employment of not less than $10.71 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision or the service Contractor shall allow the City to audit (at service Contractor's place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future City contracts at the sole option of the City. This provision shall apply to all bid and Proposal awards for Covered Services, which involve City expenditures that exceed $100,000.00 per year. More • particularly, this,provision shall apply to single and multiple award agreements for Covered Services regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in any one contract year. As for multiple award contracts (contract award which will be divided among several Contractors), at the point when the City has expended $100,000.00 on that contract in any one-contract year, regardless of whether such expenditure was to one Contractor or several Contractors, then the living wage provision shall apply to all Contractors who are a party to that award. For those contracts whose initial value was less than $100,000.00 but exceeded $100,000.00 prior to the end of the contract term, this provision will be applicable to that contract in the next quarter. 57. ORDER OF PRECEDENCE; This solicitation shall be included and incorporated in the purchase order or contract resulting from this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract, shall be deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in the event of any conflict between the terms of the contract or purchase order, the City's solicitation, and the vendor's response, the order of precedence shall be the contract or purchase order, followed by the solicitation,and then the response to the solicitation. 58. PATENTS AND COPYRIGHTS: The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work,which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. Procurement and Contracts Division Page:32 Ball Field Maintenance IFB18-0175 59. TERMINATION FOR DEFAULT: The performance of Work under the contract may be terminated by the City's Chief Procurement Officer, in whole or in part, in writing, whenever the Chief Procurement Officer shall determine that the Contractor has failed to meet the performance requirements of the contract. The Chief Procurement Officer has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the contract, or if the Contractor fails to perform any other provisions of the contract. Notwithstanding the preceding, nothing herein shall be deemed to preclude the Chief Procurement Officer in the CPO's sole discretion on a case by case basis from providing the Contractor with written notice and a reasonable opportunity to cure the default prior to termination. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Chief Procurement Officer or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Chief Procurement Officer, shall constitute authority for the Chief Procurement Officer to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, or not completed. On all such purchases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the Chief Procurement Officer, for any expense incurred in excess of the contract prices. Such purchases shall be deducted from contract quantities or work. Should public necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. Nothing herein shall be deemed to preclude the City's exercise of any other rights or the City's pursuit of any other remedies that it may have herein or under law or in equity, including but not limited to any right of the City to terminate the contract for convenience. 60. TIME OF COMPLETION: The parties understand and agree that time is of the essence in the performance of the contract. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified,due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City's Chief Procurement Officer may at the CPO's discretion, cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. Procurement and Contracts Division Page:33 Ball Field Maintenance IFB18-0175 61. CORRECTION OF WORK: •The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to the contract whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 62. INFORMATION: All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees,pursuant to the contract, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents as necessary to perform the Work. 63. SAFETY MEASURES: The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workmen and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. 64. EXTRA WORK: The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions, deletions, or other revisions,the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written amendment to the contract, and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule/term, it shall first give the City written notice within ten (10)calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the City's Chief Procurement Officer, before proceeding to execute the Work, except in an emergency endangering life or property, in which case the Contractor shall immediately proceed. No claim for extra work will be considered valid by the City unless first submitted in writing. 65. FAMILIARITY WITH THE WORK: The Contractor acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof. The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of the contract by the Contractor serves as his stated commitment to fulfill all the conditions referred to in the contract. 66. TITLE AND RISK OF LOSS: The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of the Work. Procurement and Contracts Division Page: 34 Ball Field Maintenance IFB18-0175 67. TRADE NAMES: • In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the bidder proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each bidder clearly states in his bid or proposal exactly what 'he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by his bid. The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified and if no data is required to be submitted with the bid, the successful contractor after award and before manufacturer or shipment may be required to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with. 68. FEDERAL,STATE, AND LOCAL RULES/APPROVALS: The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. 69. CLEAN WORK AREA: The Contractor shall at all times,keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any such materials to an approved disposal location. 70. MISCELLANEOUS PROVISIONS: By submitting a bid,the bidder shall be deemed to have certified that the contract is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the work covered by the contract and is in all respects fair and without collusion or fraud. Bidder further warrants and certifies that they are authorized to enter into the contract and to execute same on behalf of the Contractor as the act of the said Contractor. The contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the contract shall be deemed to exist or to bind either party thereto. If any section, sentence, clause, phrase, provision, or other portion of the contract is, for any reason, held invalid or unconstitutional by a court or other body of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the contract. The contract is solely for the benefit of the parties to the contract and no causes of action shall accrue upon or by reason thereof to or for the benefit of any third parties. The City's Chief Procurement Officer or written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. ....x*x,,....w******************irr'e********'r*fie*******de**** ******Jrde**************** Procurement and Contracts Division Page: 35 Ball Field Maintenance 1FB18-0175 ttj = ..• = =.; FORMS AND SUBMITTAL DOCUMENTS Procurement and Contracts Division Page:36 Ball Field Maintenance IF13I8-0175 Bidder's Name: Lake Jem Farms, Inc. BID PRICE FORM You are invited to Bid on the following: BALL FIELD MAINTENANCE The bidder, having carefully examined the specifications and Terms and Conditions herein, proposes to furnish all labor, materials, equipment and other items without exception for the proper execution and completion of the-work, and if awarded the contract,to complete the said work within time limits as specified for the following bid prices. Item Estimated Unit Unit Price Total • • No. Quantity Description 1. 1 JOB CONSTRUCTION OF PITCHERS MOUND $2076,00 $2076.00 2. 10,000 SF LIP REMOVAL FROM BACK OF INFIELD $ 0.85 $ 8500.00 CRESCENT 3. 100,000 SF REPLACE NEW SOD IN WORN TURF AREAS $ 0.90 $ 90,000.00 4. 10 JOB LASER GRADE INFIELD SURFACES $ 1600.00 $ 16,000.00 Sub-total(this page)$ 116,576.00 GRAND TOTAL(ALL PAGES)$ 116,576.00 Bidder Initials JG 1. FOB Point Destination 2. Discount Payment Terms (if any): N/A %,if paid within days after receipt of invoice. 3. Is your company willing to accept the VISA ePayable solution for payment of all invoices? Yes X No 4. Is your company willing to serve as a secondary supplier in the event your company is not selected for primary award? X Yes No Recheck your quotations prior to submission.Bids may not be changed after being opened. Procurement and Contracts Division Page:37 Ball Field Maintenance IFB18-0175 BIDDER'S CERTIFICATION FORM: I have carefully examined the Invitation for Bids, Instructions to bidders, General, Standard and Special Conditions, Specifications,Contract and Acceptance Form and any other documents accompanying or made a part of this Invitation for Bids. I hereby propose to furnish the goods or services specified in the Invitation for Bids at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to ninety(90) days in order to allow the City adequate time to evaluate the bids, I agree to abide by all conditions of this bid and understand that a background investigation may be conducted by the Orlando Police Department prior to award. I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this bid on behalf of the bidder as its act and deed and that the vendor/contractor is ready,willing and able to perform if awarded the bid. I certify, under oath, that this bid is made without prior understanding,agreement,connection, discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or service. I further certify that no officer,employee or agent of the City of Orlando or of any other Proposer has a financial interest in this bid. I further certify that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. State of Flvr ►Q/o Lake Jem Farms, Inc. County of ,e q f� NAME OF BUSINESS Sworn to(or affirmed)and subscribed before me BY: �, f this,/,f)ti lay of im tl ,2018, by SIGN TUBE�r —�. 8,9 Wa,. r i e Corey Warner President NAME&TITLE,TYPED OR PRINTED Signature of Notary 7 862 S Duncan Dr Notary Public,State of F 4 P Wick- MAILING ADDRESS --- Personally Known OP& VICKIE L.LYNCH Tavares, FL 32778 }�- -- .r r, F.= Commission#FF 177400 CITY,STATE,ZIP CODE uced Identification `+►'-'`a Expires March 9,2019 _ lots (3F2) 183-7196 Type: TELEPHONE NUMBER /- (,6 b Q - ,iJ 5 4d Company Tax Ill# �7 9- 3 y 9961 31 FAX NUMBER (The City only requires Company Tax ID numbers. The City is not requesting individual social security numbers.) coreyiglakAjemfar s corn E-MAIL ADDRESS Procurement and Contracts Division Page: 38 Ball Field Maintenance IFB18-0175 CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Bid the name of any officer, director, employee or agent (or their spouse or child) who is also an employee or officer of the City of Orlando. Furthermore, all Respondents must disclose the name of any City employee or officer (or their spouse or child) who owns, directly or indirectly, an interest of more than five percent (5%) in the Respondents firm or any of its affiliates or subsidiaries. By submission of this Bid, the undersigned certifies, under penalty of perjury, that to the best of their knowledge and belief, except as disclosed pursuant to the instructions above, that no officer or employee of the City (or their spouse or child), directly or indirectly, owns an interest of more than five percent (5%) in the Respondents firm or any of its affiliates or subsidiaries; nor does the Respondent know of any City officer or employee having any financial interest in assisting the Respondent to obtain, or in any other way effecting,the award of the contract to this Respondent. Comments: None Acknowledged by: Corey Warner Firm Name: Lake Jem Farms,Inc Si tyre of Authorized Representative: Name and Title(Print or pe): n riser Date: 5-9-2018 Procurement and Contracts Division Page:39 Ball Field Maintenance IFB18-0175 CONTRACT AND ACCEPTANCE FORM FOR SOLICITATION NO, IFI118-0175: Upon execution of this contract below by the City of Orlando ("City"), the undersigned hereby agrees to provide all goods and services set forth in its bid in response to the above referenced solicitation ("Solicitation") in accordance with, and subject to, all terms,conditions,and provisions of the Solicitation at the prices set forth in the undersigned's bid for the items and work awarded to it by the City. This Contract and Acceptance Form together with the (i) Solicitation, including all addenda, and (ii) the undersigned's bid in response to the Solicitation, including all schedules and forms submitted with the bid, all of which are hereby incorporated herein by this reference, shall constitute the formal written cont ct between the City and the undersigned. ��.. State of Pk,�I SI NATURE County of_Ai}A.e_ Cnrey Warner President Sworn to(or affirmed)and subscribed before me NAME&TITLE,TYPED OR PRINTED this47lay of ma y ,2018, by CageyIt'Qn.P , I eke Jem Farm Inc V,�/4'?--- " 46,61--- NAME �OF BUSINESS Signature of Notary 862 S Duncan lr Notary Public,State of //ar,dd.-- MAILING ADDRESS Personally Known (circle)f annlicable) Tavareq, FL 32778 l' 'fl VICKIE L.LYNCH CITY,STATE,ZIP CODE - i. ,., .�= Commission#FF 177400 - [ S tiiil �y• ;�-;a. Expires March 9,2019 `9,8,,tp. Boodx1 TNu Troy Fein ineerenee800ae5a610 PHONE:f 42 ) 383-7196 Produced Identification FAX:(36 . ) a 9 ` 7U 5( Type of Identification: E-MAIL: corey@Iakejemfarms.com ■■■■■■■■■■■■U■■■■■■■■■■■■■■■■■■■■■■■■■■■■■'U■■■■■■■■■■■■■f■■■■■■■■■■■■■■■■■f■■■■■■q■•Ue FOR USE BY THE CITY OF ORLANDO ONLY/ This contract is awarded to the party listed above as a: Primary Supplier: V Secondary Supplier: This contract is for: All Item Numbers: ✓ or Item Numbers: INITIAL CONTRACT TERM: 7/5/1 y to 4t/ ACCEPTANCE: APPROVED AS TO FORM AND LEGALITY 1 CITY OF ORLANDO, FLORIDA for the use and reliance of the , City of Orlando, Florida, By: 7, 10 Chief Procurement Officer Assistant City Attorne ORLANDO,FLORIDA DAVID BILLINGSLEY,CPSM,C.P.M. Date: -5' `� 6 ,2018 Date: .✓ ,2018 Procurement and Contracts Division Page: 40 Ball Field Maintenance IFB18-0175 BIDDER'S QUESTIONNAIRE: The following questionnaire is to be completed by the bidder and provided with its bid submittal. If a question is not applicable, so indicate by writing"N/A". 1. COMPANY NAME: Lake Jem Farms, Inc Address of Principal Place of Business: 862 S Duncan Dr City/State/Zip: Tavares, FL 32778 Phone: 352-383-7196 Fax: S Jam' 9. Z eP 7 58" Name of primary Contact : Jim Granger Email: jimg@Iakejemfarms.com 2. REMIT-TO ADDRESS: 862 S Duncan Dr City/State/Zip: Tavares,FL 32778 3. TYPE OF ORGANIZATION: Sole Proprietorship Partnership Non-Profit Joint Venture x Corporation Other: State of Formation: Florida Federal ID# 59-3499937 DUNS# (The City only requires a Federal Tax ID Number,not a Social Security number. 4. EMERGENCY CONTACT PERSON: Paul Gordon Phone: 407-468-7895 Fax: Cell: 407-468-7895 5. INSURANCE COMPANY NAME: I.O.A. Agent Contact: Jeff Lagos Phone: 6. EXPERIENCE: A. Years in business: 20 Years B. Years in business under this name: 20 Years C. Years performing this type of work: 10 Years 7. SUBCONTRACTORS - for informational purposes only: If bidder intends to use subcontractors, please provide the information below. All subcontractors listed remain subject to approval by the City. Name of subcontractors to be utilized and type of work: Name Type of Work M/WBE VBE Certified? City Certified? (Y or N) (Y or N) None Procurement and Contracts Division Page: 41 Ball Field Maintenance IFB18-0175 8. LOCAL SERVICE FACILITY,IF APPLICABLE: A.Name of local service center: N/A B.Address of local service center: C. County local service center is located in: D.Contact: Telephone number: 9. RECYCLED CONTENT: A. Percentage of recycled material contained in the product: 100 % B. Is your product packaged/shipped in material containing recycled content? Yes X No C. Is your product recyclable after it has reached its intended end use? Yes X No 10. REFERENCES: Bidder shall submit as a part of their Bid submittal, a minimum of three (3) customer references for similar products which your firm has provided within the last three(3)years. Reference#1: Name: Orange County Parks&Rec Address: 4801 W.Colonial Dr.Orlando FL 32808 ' Telephone No.: 407-836-5635 Fax No.: Contact: Michelle Zurita E-mail: michelle.zurita@ocfl.net Reference#2: Name: City of Deltona Address: 2345 Providence Blvd.Deltona, FL.32725 Telephone No.: Fax No.: Contact: E-mail: ccarson@deitonafl.gov Reference#3:, Name: City of Apopka Address: 120 East Main St.Apopka, FL.32703 Telephone No.: 407-703-1731 Fax No.: Contact: Mark Miller E-mail: Reference#4: Name: City of Altamonte Springs Address: 950 Calabria Ave.Altamonte Springs,FL.32701 • Telephone No.: 407-571-8740 Fax No.: Contact: E-mail: Procurement and Contracts Division Page: 42 Ball Field Maintenance IFB18-0175 WRITTEN QUESTION(S)FORM: � . Any questions relative to interpretation of specifications or the solicitation process must be 0 addressed to the City in writing. For uniformity, the City requests that you use the following format. No verbal inquiries will be accepted. Written questions must be received at least ten (10) days prior to the solicitation due date. Written questions received within ten (10) days of the solicitation due date will not be responded to. Please submit all questions to the Purchasing Agent as identified in this Invitation for Bids. This form is provided for your convenience, however, emails to the Purchasing Agent are acceptable. Only written answers and clarifications in the form of a written Addendum to the solicitation will be binding. Oral answers will not be authoritative. SOLICITATION NUMBER: IFBI8-0175 DATE SUBMITTED: 5-9-201 B SOLICITATION TITLE: BALL FIELD MAINTENANCE COMPANY NAME: Lake Jem Farms, Inc ADDRESS: 862 S Duncan Dr CITY: Tavares STATE: Florida ZIP: 32778 CONTACT NAME: Jim Granger PHONE: 352-267-4068 1. None 2. 3. 4. 5. Procurement and Contracts Division Page: 43 1 Ball Field Maintenance IPBI8-0175 MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION FORM: Chapter 57, Article II, Minority Business Enterprise (MBE), and Article 111, Women-Owned Business Enterprise (WBE) of the Orlando City Code, establishes goals of 18% (MBE) and 6% (WBE), respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to Minority and Women-Owned Business Enterprises (MWBE). For further information regarding this program, please refer to Chapter 57 of the Code of the City of Orlando or contact: Minority Business Enterprise City Hall at One City Commons • 400 South Orange Avenue- 51h Floor Orlando, Florida 32801 (407)246-2623 • If your company is currently certified, please enter the certification number and the expiration date in • 1, spaces provided below or submit a copy of the certificate received from the City stating that your company is certified by the City as a Minority/Women-owned Business Enterprise: Business Name: N/A Certification Number: Expiration Date: There shall be no third party beneficiaries of the Minority Business Enterprise or Women-Owned Business Enterprise provisions of this contract. The City of Orlando shall have the exclusive means of enforcement of the MBE/WBE Ordinance and contract terms. No right of action for non-signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chapter 57, Articles II and III. In order for a bidder to receive credit for MBE/WBE certification,the firm must be certified with the City of Orlando MBE/WBE Office on or before the date set for submittal of bids. Procurement and Contracts Division Page:44 Ball Field Maintenance IFB18-0175 VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM In order to foster economic development and business opportunities, promote the growth and development of local businesses, and rectify the economic disadvantages of service-disabled veterans and wartime veterans who have made extraordinary sacrifices on behalf of the nation, the City of Orlando has adopted a Veteran Business Enterprise ("VBE") Preference. For further information regarding this program, please refer to Chapter 7 of the Code of the City of Orlando. In order for a bidder to receive credit for VBE certification for this solicitation, the bidder must have its principal place of business in the Metropolitan Statistical Area (i.e. Orange, Lake, Seminole or Osceola Counties) and be a certified veteran business enterprise by the State of Florida Department of Management Se►vices as set forth in Section 295.187 of the Florida Statutes as of the date set for submittal of bids. If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a copy of the certificate received from the State Of Florida Department of Management Services stating that your company is certified as a veteran business enterprise: Business Name: Certification Number: Expiration Date: There shall be no third party beneficiaries of the Veteran Business Enterprise Preference provisions of this solicitation or resulting contract. The City of Orlando shall have the exclusive means of enforcement of the Veteran Business Enterprise Preference Ordinance and any contract terms. No right of action for non-signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 of the Code of the City of Orlando. Procurement and Contracts Division Page: 45 Ball Field Maintenance IFB18.0175 ADDENDUM ACKNOWLEDGMENT FORM: The undersigned acknowledges receipt of the following addenda to the Documents(Give number and date of each): Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated • Addendum No. Dated Failure to submit acknowledgment of any Addendum that affects the Bid prices is considered a major irregularity and will be cause for rejection of the bid. Company Signature Title Procurement and Contracts Division Page: 46 Ball Field Maintenance IFBI8-0175 "NO BID" RESPONSE TO INVITATION FOR BIDS Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 If your firm is unable to submit a bid at this time, would you please provide the information requested in the space provided below and return to: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 We have received Invitation for Bids No. IFB18-0175, opening at 2:00 p.m., Local Time, City of Orlando,FL,on May 31,2018. Reason for not bidding: BY: Signature Name&Title,Typed or Printed Company Name • Procurement and Contracts Division Page: 47 I, CITY OF fil$ ORLANDO Via Ernail: corey@lakejemfarms.com March 11, 2021 Corey Warner Lake Jem Farms 862 S. Duncan Drive Tavares, FL 32778 SUBJECT: Renewal of Term C.ntract for IFB18-0175—Ball Field Maintenance (Amendment 4) Dear Corey Warner The City of Orlando would like to offer your company the opportunity to extend the existing • contract between your company ant the City of Orlando. In accordance with the terms and c•nditions of this Contract,the Contract may, by mutual assent of the parties, be extended for an :dditional twelve (12) month period under the same terms, conditions, and pricing. The curre t Contract will expire on July 4, 2021. ln agreeing to the contract renewal by signing below,t e new contract expiration date will be July 4,2022. Please indicate your approval of thi- offer by having an officer of your company execute the acceptance portion below and r:turh to Javarie.mcdonald@citvoforlando.net. Please subMit your response no later than arch 18, 2021. As apart of the renewal process, p ease send a copy of your current completed W-9 form and your purrent insurance certificate, listing the City of Orlando as an additional instired. Thank you for your immediate atten ion to this matter. Sincerely, David Billingsley, CPSM, C.P.M. J ACCEPTANCE Chief Procurement Officer 7 Official ignature &Date • aCnQn Priqt Name C), Title PROCIFEMENT AND CONTRACTS DIVISION trrii ORANG AV CITY HALL•400 SoENUE*P.O.Box 4990•ORLANDO,FLORIDA 32802-4990 PHONE 407.246.229 I•FAX 407.246 2869•CityofOrlando.net•esupplier.cityoforlando.net Rev:020420