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Home My WebLink AboutItem 07 Approval of Award of RFP 25-003 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 15, 2025 Item #: 7 Contact Name: Shannon Hopper, Joyce Tolbert Department Director: Vanna Lawitzke Contact Number: Ext. 1524, Ext. 1516 City Manager: Craig Shadrix Subject: Approval of Award of RFP 25-003 Pest Control and Fertilization Services for Athletic Fields. (Procurement Manager Tolbert) Background Summary: In compliance with the City of Ocoee (City) Purchasing code, Ch. 21, sealed proposals were solicited from qualified firms to provide pest control and fertilization services for the control of lawn pests, weeds, and vegetation at the City of Ocoee's athletic fields as needed. The request for proposals was publicly advertised on January 26, 2025, and publicly opened on March 11, 2025. A total of four (4) proposals were received at the bid opening, with one proposal deemed non- responsive and rejected for failure to provide the required bid security. The term contract is for an initial three (3) years with two (2) automatic one-year renewals, and one (1) optional renewal at the City’s discretion. Prices remain firm for the initial three (3) year term, with price adjustments considered during the renewal terms. The three responsive proposals were reviewed by the Finance Department and provided to the RFP Evaluation Committee. The Evaluation Committee comprised of five members: Dan Abdo, Parks and Leisure Services Operations Manager; Toren Hogan, Parks and Leisure Services Operations Manager; Doug Gaines, Parks and Leisure Services Assistant Director; Chris Hines, Parks and Leisure Services Supervisor; and Trent Hopper, Assistant Director Utilities Department. The public RFP Evaluation Committee meeting was held on March 25, 2025, with the Evaluation Committee evaluating and shortlisting the firms on specific evaluation criteria as shown in the attached shortlist and evaluation forms. The evaluation committee recommends award to the top-ranked firm, Lake Jem Farms, per the attached award recommendation from Dan Abdo, Parks and Leisure Services Operations Manager. The City denied a bid protest received from TruGreen. A copy of the protest is attached along with the City's response, which was reviewed by the City Attorney. The following table reflects the rankings of the Evaluation Committee: RANK RESPONDENT AMOUNT 1 Lake Jem Farms, LLC $65,355.00 2 TruGreen Limited Partnership $50,925.00 3 Protex Lawn & Pest Control, LLC $63,138.50 Page 92 of 821 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Issue: Should the Honorable Mayor and City Commissioners award the term contract for RFP 25-003 to the top- ranked firm, Lake Jem Farms, LLC, as recommended by the Evaluation Committee? Recommendations: Staff recommend the Honorable Mayor and City Commissioners: 1.) Award the term contract for RFP #25-003 Pest Control and Fertilization Services for Athletic Fields to Lake Jem Farms, LLC in the amount of $65,355.00 annually for an initial 3-year term with two (2) automatic one- year renewals, and one (1) optional renewal at the discretion of the city; 2.) Authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents once the required insurance is received; and, 3.) Authorize the City Manager to approve Change Orders to the contract up to the limit of his purchasing authority for each change order and up to the budgeted amount each fiscal year. Attachments: 1. Award Recommendation Letter 2. Shortlist and Evaluation Forms 3. Proposal Checklist 4. RFP 25-003 Solicitation 5. Addendums 1-4 6. Bid Protest from TruGreen and City's Formal Response 7. Proposal - Lake Jem Farms 8. Proposal - TruGreen 9. Proposal - Protex Lawn & Pest Control Financial Impacts: The annual cost of the contract is adequately funded through the Parks & Leisure Services as budgeted each fiscal year. Type of Item: Consent Page 93 of 821 Mayor Rusty Johnson Commissioners Scott R. Kennedy District 1 Rosemary Wilsen District 2 Richard Firstner District 3 George Oliver III District 4 City Manager Craig Shadrix City of Ocoee ▪ 1 North Bluford Avenue ▪ Ocoee, Florida 34761 407-905-3100 ▪ www.ocoee.org MEMORANDUM Date: March 27th, 2025 To: Shannon Hopper, Purchasing Agent From: Daniel Abdo, Parks Operations Manager Through: Mark Johnson, Parks and Leisure Services Director RE: Contract Award Recommendation. RFP #25-003 Pest Control and Fertilization Services for Athletic Fields The City received three (3) responsive proposals on the project from interested firms, which were ranked by the evaluation committee. The evaluation committee, comprised of representatives from Parks and Leisure Services and Utilities Department, recommends the City Commission accept the rankings and award the contract for Pest Control and Fertilization Services for Athletic Fields RFP #25-003, to the top ranked firm, Lake Jem Farms. The contract is adequately funded through the Parks & Leisure Services budget to cover the annual costs of this contract. Page 94 of 821 RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS EVALUATION FORM/SHORTLIST Respondent Lake Jem Farms, LLC Protex Lawn & Pest Control, LLC TruGreen Limited Partnership Evaluator 1 1 3 2 Evaluator 2 2 3 1 Evaluator 3 1 3 2 Evaluator 4 1 3 2 Evaluator 5 1 2 3 TOTAL 6 14 10 RANKING 1 3 2 Note: Lowest Total is Top Ranking Page 95 of 821 Page 96 of 821 Page 97 of 821 Page 98 of 821 Page 99 of 821 Page 100 of 821 RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS 3/11/2025 2:00 P.M. RFP PROPOSAL CHECKLIST Acknowledge Addendum No. 1-4 Bid Security 5% Exceptions to Scope or Contract Documents PROPOSAL ITEMS UNIT Bill Breeze Park annual Bob Sorenson Fields annual Jim Beech Recreation Complex annual Vandergrift Central Park annual Vignetti Park annual Firms listed in alphabetical order *Missing forms are considered a minor irregularity. Company/License Verification Proposed Brands of Chemicals, Proposed Bermuda Turfgrass Application Program Schedule (Addendum 03, Exhibit E) Qualifications, Experience, at least three (3) References None Active ✓ RESPONDENT ✓✓✓ Forms/Affidavits Summary of Litigation, Equipment List, Subcontractor List ✓ Family Lawn Care Flor, LLC ✓ TruGreen Limited Partnership ✓ $ 13,966.00 TOTAL ANNUAL COST $ 6,983.00 $ 63,138.50 ✓ $ 4,565.00 $ 65,355.00 $ 4,255.00 $ 10,059.00 Lake Jem Farms, LLC ✓ Protex Lawn & Pest Control, LLC Cashier's Check ✓ ✓ Company Check Active *Forms missing notarized section. Requested, 3/13; Received, 3/17. *E-Verify registration proof. Requested and Received 3/14 Bid Bond $ 144,000.00 ✓✓ $ 50,925.00 $ 4,590.00 $ 15,970.00 $ 21,140.00 $ 17,760.00 $ 5,920.00 $ 22,071.50 $ 9,860.00 $ 17,520.00 $ 14,700.00 $ 13,083.00 $ 32,678.16 $ 40,686.96 $ 34,187.88 $ 23,364.00 None NON-RESPONSIVE FOR FAILURE TO SUBMIT THE REQUIRED 5% BID SECURITY WITH PROPOSAL. RESPONDENT'S PROPOSAL, INCLUDING ITS ALTERNATIVE METHOD OF PROVIDING A 3% CASHIER'S CHECK AS BID SECURITY UPON AWARD OF THE CONTRACT, IS REJECTED BY CITY. None $ 10,059.00 Active 1 Page 101 of 821 CITY OF OCOEE REQUEST FOR PROPOSALS RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS Page 102 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 2 TABLE OF CONTENTS RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS RFP DOCUMENTS Section Page Legal Advertisement 3 Proposal Instructions 4 - 8 General Terms & Conditions 9 - 24 Summary of Litigation*, p. 20 Acknowledgement of Addenda*, p. 20 List of Subcontractors*, p. 20 Equipment Listing*, p. 20 References/Experience*, p. 21 Exceptions*, p. 22 SCOPE OF WORK, PROPOSAL FORM, AND PROPOSED CONTRACT Section Page Exhibit A – Scope of Work, Appendix A & Appendix B 25 - 33 Exhibit B – Location Map 34 Exhibit C – Price Proposal Form* 35 Company Information/Signature Sheet* 36 Drug Free Workplace Form* 37 Conflict of Interest Disclosure Form* 38 Non-Collusion Affidavit* 39 Certification of Non-segregated Facilities* 40 Certification Regarding Scrutinized Companies’ Lists* 41 Human Trafficking Affidavit* 42 Company Not an Entity of Foreign Country of Concern* 43 Contractor E-Verify Affidavit* ` 44 Exhibit E Proposed Contract 45-51 Exhibit F- Bid Bond Form* 52 *Submit with Proposal End of Table of Contents Page 103 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 3 Request for Proposals, Legal Advertisement The City of Ocoee, Florida (the “City”) is soliciting sealed proposals for RFP #25-003 Pest Control and Fertilization Services for Athletic Fields . Proposals will only be accepted electronically through Bonfire, a free e-Procurement platform, until 2:00 pm, local time, on February 25, 2025. Proposals received after that time or through any other method will not be accepted under any circumstances. Proposals that have been timely received will be publicly opened, virtually online and the name of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this RFP shall be in writing and directed to Shannon Hopper, Purchasing Technician, Finance Department/Purchasing shopper@ocoee.org. No Pre- proposal conference is scheduled at this time. Prospective respondents may secure a copy of the documents required for submitting a proposal at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, please visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RFP, addenda, and changes to the project requirements through the Bonfire platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, January 26, 2025. Page 104 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 4 CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS A. Sealed proposals for RFP #25-003 will be received by the City of Ocoee, hereinafter called “City,” from any person, firm, corporation, or agency, hereinafter called “Respondent, Firm, Bidder, or Proposer,” submitting a proposal for the services being solicited. Each Respondent shall furnish the information required on the proposal form supplied and each accompanying sheet thereof on which an entry is made. Proposals submitted on any other format may be disqualified. Proposals must be typed or handwritten using ink; do not use pencil. Proposal documents must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All proposals should also include the name and business address of any person, firm, or corporation interested in the proposal, either as a principal, member of the firm, or general partner. If the Respondent is a corporation, the proposal should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. The City is ONLY accepting electronic solicitation responses online through the City’s Bonfire platform at https://ocoee.bonfirehub.com. This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu. All Proposals for this RFP MUST be submitted electronically through the Bonfire Platform. Proposals received in any other format will not be accepted; no paper, fax, or e-mailed submissions will be accepted. There is no charge for prospective respondents to use the Bonfire e-procurement platform. The Bonfire platform’s minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Registration with Bonfire is free and is required prior to submitting a proposal. It is suggested that prospective respondents register no later than 24 hours in advance of the submission deadline to ensure proper registration. For assistance with registering, contact the Bonfire Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT. Upon completing the registration with Bonfire, bidders will be able to submit a bid securely, any time before the bid submission deadline, at https://ocoee.bonfirehub.com by clicking the “PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once the bid has been submitted, the Bidder will receive a date/time stamp confirmation within the Bonfire platform and an email confirmation of the bid submission. Bids submitted on the Bonfire Platform will remain locked and inaccessible by City staff until the bid deadline. Bidders are encouraged to allow ample time to upload and submit their Bid as the system will automatically lock upon the bid submission deadline. The actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. C. Deadline for Receipt of Questions: The City will receive questions regarding this RFP only through written inquires directed to Shannon Hopper, Purchasing Technician at Page 105 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 5 shopper@ocoee.org OR through the questions and answer section of the project file on Bonfire until February 18, 2025, 2:00 p.m., local time. Any clarifications/changes will be made by way of written addenda only, issued by Purchasing and posted on Bonfire. Respondents should not contact City staff (with the exception of the Purchasing Technician), City Commission, or other City consultants for information regarding this RFP before the proposal award date. Any contact with any other member of City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. D. Pre-Proposal Conference: None scheduled at this time. E. Proposal Submission Deadline: Proposals will ONLY be accepted electronically through the Bonfire Platform until 2:00 p.m., local time, on February 25, 2025. Respondents shall submit one (1) complete electronic copy, preferably in a single file, of their Proposal on the Bonfire Platform. Proposals must be received by Bonfire no later than the proposal submission deadline. It shall be the sole responsibility of the Respondent to have its Proposal uploaded and submitted on the Bonfire Platform prior to the due date and time. Any attempt to submit a Proposal after the submission deadline will not be accepted under any circu mstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Respondent. A virtual public bid opening will be held at approximately 2:01 pm. or as soon thereafter. Once available, the details on how to access the virtual bid opening will be posted in the project file on Bonfire and available on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings. F. File Uploads – Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt o r pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph. G. The City intends to award a single contract to one (1) firm deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFP. Proposals will be reviewed by an evaluation committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled evaluation committee meeting(s) for this RFP will be noticed publicly and on Bonfire. The evaluation committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm should be awarded the term contract by the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. Please be aware that all City Commission meetings are duly noticed public Page 106 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 6 meetings and that all documents submitted to the City as a part of a proposal constitute public records under Florida law. H. All Proposers shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal. I. Submission of a proposal shall constitute an acknowle dgment that the Proposer has complied with the instructions of this RFP. The failure or neglect of a Proposer to receive or examine a document shall in no way relieve it from any obligations under its proposal or the contract. No claim for additional comp ensation will be allowed based upon a lack of knowledge or understanding of any of the contract documents or the scope of services. Proposals shall be in compliance with the contract documents and scope of services. All costs to prepare and submit proposals shall be the responsibility of the Respondent and the City shall make no reimbursement of any kind. J. Any response by the City to a request by a prospective respondent for clarification or correction will be made in the Bonfire RFP file or in the form of a written addendum which will be distributed via Bonfire. It shall be the responsibility of each Respondent to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In case any Respondent fails to acknowledge receipt of any such Addendum, its proposal will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Respondents are cautioned that any other source by which a Respondent receives information concerning, explaining, or interpreting the RFP Documents shall not bind the City. K. Any of the following causes may be considered sufficient for the disqualification of a Respondent and rejection of its Proposal: • Submission of more than one (1) proposal for the same work by an individual, firm, partnership, or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships, or corporations under common control may be considered to be the same entity; • Evidence of collusion between or among the Proposers; • Being in arrears on any existing contracts with the City or in litigation with the City, or having defaulted on a previous contract with the City; • Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City’s judgment and sole discretion, raises doubts as to the Proposer’s ability to properly perform the services; • Failure to provide the required Bid Security; • Failure to comply with state licensing requirements; or • Any other cause that, in the City’s judgment and sole discretion, is sufficient to justify disqualification of Proposer or the rejection of its Proposal. L. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime Page 107 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 7 may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2) (a).] M. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal that they consider confidential a nd/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request for proposals become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. N. PUBLIC RECORDS COMPLIANCE: The City of Ocoee (the “City”) is a public agency subject to Chapter 119, Florida Statutes. Contractor agrees to comply with Florida’s Public Records Law. Specifically, Contractor shall: 1. Keep and maintain public records required by City to perform the service. 2. Upon request from City’s custodian of public records, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE Page 108 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 8 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3105, ccdl@ocoee.org, WITH AN OFFICE LOCATED AT 1 NORTH BLUFORD AVENUE, OCOEE, FLORIDA 34761. O. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. P. ACCEPTANCE AND AWARD: The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Proposer qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City’s discretion, the City determines that it is in the City’s best interest to do so. The City reserves the right to award the contract to the Proposer which, in the City’s sole discretion, is the most responsive and responsible Proposer. The City reserves the right, as an aid in determining which proposal is responsible, to require a Proposer to submit such additional evidence of Proposer’s qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals for acceptance and award. End of Section Page 109 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 9 GENERAL TERMS & CONDITIONS RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS 1. BID SECURITY a) All Proposals must be accompanied by Bid Security in the form a Cashier’s/Certified Check, Bid Bond, or company check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5%) of the proposal amount. A combination of any of the former is not acceptable. Cash will not be accepted as Bid Security. The cashier’s check or Bid Bond is submitted as a guarantee that the Respondent, if awarded the Contract, will, after written notice of such award, enter into a written Contract with the City and as a guarantee that the Respondent will not withdraw its proposal for a period of ninety (90) days after the scheduled closing time for the receipt of proposals, in accordance with the accepted proposal and RFP documents. Please note checks will be deposited. b) A copy of the bid security is to be included with the proposal submitted electronically on Bonfire. The original bid security is to be mailed within five (5) business days after the bid opening to: City of Ocoee, Finance Department/Purchasing, Attention: Shannon Hopper, Purchasing Technician, 1 N. Bluford Avenue, Ocoee, FL 34761; failure of a Respondent to provide the original bid security may cause its Proposal to be deemed non-responsive. c) In the event of withdrawal of said proposal within ninety (90) days following the opening of proposals, or Respondent’s failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the RFP after issuance of Notice of Intent to Award by the City, then such Respondent shall be liable to the City in the full amount of the check or Bid Bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the Bid Bond as liquidated damages and not a penalty. d) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a cu rrent Power of Attorney from the surety company issuing the bond. e) The cost of the required Bid Bond and required insurance coverage is to be included in the Respondent’s overhead and is not eligible for reimbursement as a separate cost by the City. The refund checks of the three (3) most favorable Respondents will be returned within three (3) days after the City and the successful Respondent have executed the contract for work or until the 91st day after proposal opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of proposals. Bid Bonds will be returned upon request following the same criteria as a check 2. PERFORMANCE BOND Performance and Payment Bonds are not required. 3. PATENT INDEMNITY Except as otherwise provided, the successful Proposer agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any letters patent of the United States arising out of the performance of this contract. Page 110 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 10 Further, the Proposer shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Proposer uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agree d and understood without exception that the proposal price shall include all royalties or cost arising from the use of such design, device, or materials. 4. DEFAULT As a result of proposals received under this RFP, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its d iscretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City’s rights and remedies hereunder. 5. PRICING Pricing should be provided as indicated on the Proposal Form attached as Exhibit C. Please note that alternate price proposals will not be accepted unless specifically called for on the Scope of Work and/or Proposal Form. Cost of preparation of a response to this RFP is solely that of the Respondent and the City assumes no responsibility for such costs incurred by the Respondent. The Proposal Form may not be completed in pencil. All entries on the Proposal Form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Respondent to clarify an illegible entry on the Proposal Form. If the Proposal Form requires that the proposed price, or constituent portions of the proposed price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Proposal Form should be provided by the Respondent and be correctly computed. If there is an arithmetical conflict between the unit price stated by the Respondent on the Proposal Form and the total price stated by the Respondent on the Proposal Form, the unit price stated by the Respondent on the Proposal Form shall take precedence. The City may unilaterally correct such arithm etical conflict on the Proposal Form to calculate the total price, utilizing the unit prices that have been identified by the Respondent. The taking of such action by the City shall not constitute grounds for the Respondent to withdraw its proposal nor shall it provide a defense constituting discharge of the proposal bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error, or other irregularity that Page 111 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 11 may appear on the Proposal Form. However, the City reserves the right to reject Proposal Forms that are incomplete or contain information that is not required as being non-responsive. a) The prices have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Respondent or with any competitor; b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other Respondent or to any competitor; c) No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); d) Respondent warrants the prices set forth herein do not exceed the prices charged by the Respondent under a contract with the State of Florida Purchasing Division; and e) Respondent agrees that supplies/services furnished under this proposal, if awarded, shall be covered by the most favorabl e commercial warranties the Respondent gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the proposal award. f) The Respondent represents that the article(s) to be furnished under this RFP is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. 6. DISCOUNTS a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of proposals. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of proposal opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA The contract will be recommended for award to a single Respondent according to the Evaluation Criteria contained in this RFP. Page 112 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 12 9. LITERATURE If required by the scope of work or the specifications, descriptive literature/brochures shall be included with this proposal in order to properly evaluate make/model offered. Proposals submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS All Bid Protests shall be submitted in the following manner to the Purchasing Technician at shopper@ocoee.org with a copy to the Procurement Manager at jtolbert@ocoee.org: A. A bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. B. A bid protest shall be limited to the following grounds: (1) Issues arising from the procurement provisions of the RFP, its addenda, and other bidding documents; and/or (2) Applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications), if any. The Respondent shall clarify all questions concerning the design documents of the project prior to submitting its bid. C. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. D. The bid protest shall be filed with the Purchasing Technician and Procurement Manager not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. E. The Purchasing Technician/Procurement Manager, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS a) No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods, or services have been received and accepted by the City in the quality and quantity ordered. Terms are Net 30 days after receipt of approved invoice. b) Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available for the work. c) The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0; and, pursuant to Chapter 212, Florida Statutes, is exempt from federal excise, state, and local sales taxes. 12. SAFETY REQUIREMENTS The Respondent guarantees that the services to be performed and the goods to be provided herein shall comply with all applicable federal, state, and local laws, ordinances, regulations, orders, and decrees, including, without limitation, such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Page 113 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 13 Administration (OSHA) Construction Industry, Part 1926, and CFR 1910-General Industry Standards that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) The Contractor must assure that a certified first aid person is designated, phone numbers of physicians, hospital, and ambulance services are posted (copy to Human Resources/Risk Management Director, City of Ocoee), and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and be secured to prevent displacement. i) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. j) All heavy equipment must have, where applicable: (a) back-up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. k) Personal fall protection must be provided at elevations exceeding ten (10) feet. 13. CONTRACT a) The successful Respondent, herein also referred to as Contractor, will be required to enter into a contract with the City along the terms and conditions included in the proposed contract for the initial period of three (3) years, with two (2) automatic one-year renewals, and a one (1) year optional renewal at the City’s discretion. After the initial three (3) year term, price adjustments will be allowed pursuant to the Price Adjustment provision of the Agreement. b) The City may, in its sole discretion, award any additional services, whether i n the existing areas of the scope of work or in any area additional to those in the existing scope of work, to any third party or the City’s own employees. Contractor will be expected to cooperate with any or all other contractors who may be performing services for the City. 14. DRUG-FREE WORKPLACE Provide a statement concerning the Proposer’s status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. Submit the attached form with proposal. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES a) Respondent certifies that it does not and will not maintain or provide any segregated facilities for the Respondent’s employees at any of the Respondent’s establishments, and that Respondent does not permit Respondent’s employees to perform their services at any location under the Respondent’s control where segregated facilities are maintained. Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of Page 114 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 14 its Proposal. As used in this certification, the term “segregated facilities” means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for empl oyees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Respondent agrees that (except where Respondent has obtained identical certification from proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent’s files. b) The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulatio ns prescribed by the U.S. Secretary of labor, are incorporated herein. 16. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION: Respondent declares by submission of a Proposal that the only persons, or parties interested in their Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the contract for the described services. Respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this Proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) Respondent certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Respondent agrees to immediately notify the City in writing. Submit attached form with Proposal. Respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this RFP has occurred, and that the Proposal is made according to the provisions of the RFP Documents, and will meet or exceed the scope of services, requirements, and standards contained in the RFP Documents. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final Page 115 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 15 payment to the Respondent. The Proposal constitutes a firm and binding offer by the Respondent to perform the services as stated. Submit attached form with Proposal. 17. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid, as defined by Section 287.012(16), Florida Statutes, requests for proposals, as defined by Section 287.012(23), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit bid, proposal, or reply on a contract with a public entity for the construction or repair of public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.” All Respondents that submit a Bid or Proposal to the City of Ocoee are guaranteeing they have read the previous statement and by signing the submitted documents are qualified to do so under Section 287.133, (2)(a), Florida Statutes. 18. HUMAN TRAFFICKING Pursuant to Florida Statute, §787.06(13), when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental e ntity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in §787.06(2)(a) Florida Statutes. Submit attached affidavit with Proposal. 19. FOREIGN COUNTRIES OF CONCERN Pursuant to Florida Statute 287.138(4)(a), a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Florida Statute 287.138(2)(a)-(c). Submit attached affidavit with Proposal. 20. E-VERIFY By entering into this Contract, the awarded Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated Page 116 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 16 immediately. If the Contract is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law. E-VERIFY REGISTRATION AND USE. A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021. B. Subcontractors (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. (iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement. C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. D. Failure to comply with this provision is a material breach of the Agreement , and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. Submit attached affidavit with Proposal 21. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the Contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee contractor registration if permitting is required. Please contact the City’s Building Department at (407) 905-3104, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the Contractor. 22. STANDARD INSURANCE REQUIREMENTS: The successful Respondent shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor Page 117 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 17 to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for Workers’ Compensation may be issued by companies authorized as a group self - insurer by Ch. 440, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers’ Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of $500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers’ Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor’s employees not otherwise protected. ▪ Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability ▪ $1,000,000 Combined single limit per occurrence (each person, each accident) ▪ All covered automobile will be covered via symbol 1 ▪ Liability coverage will include hired & non-owned automobile liability ▪ Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. ▪ $2,000,000 GENERAL AGGREGATE ▪ $1,000,000 PER OCCURRENCE ▪ $1,000,000 PERSONAL & ADVERTISING INJURY ▪ Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor’s Comprehensive General Liability, Automobile Liability and Worker’s Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor’s policy, as specified above. 4) Owner’s Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured’s liability that arises out of operations Page 118 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 18 performed for the named insured by independent contractors and are directly imposed because of the named insured’s general supervision of the independent contractor. The Contractor shall procure and furnish an Owner’s Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 5) Contractual Liability: If the project is not bonded, the Contractor’s insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. ▪ $1,000,000 PER OCCURRENCE ▪ $2,000,000 AGGREGATE 6) Commercial Umbrella: ▪ $1,000,000 PER OCCURRENCE ▪ $2,000,000 Aggregate ▪ Including Employer’s Liability and Contractual Liability 7) Builders Risk: (Not required) ▪ $100,000 Any (1) Location ▪ $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample on next page), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) The name of the Insured contractor, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. (Remainder of page intentionally left blank.) Page 119 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 19 Page 120 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 20 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 24. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ 25. SUBCONTRACTORS: THE SUCCESSFUL RESPONDENT SHALL NOT EMPLOY SUBCONTRACTORS WITHOUT THE ADVANCE WRITTEN PERMISSION OF THE CITY. SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: By submitting a proposal, Respondent certifies that it has investigated any subcontractor/temporary worker agency listed and has received and has in the Respondent’s files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. 26. EQUIPMENT LISTING: Provide the year, make and model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ __________________________________________________________________ Page 121 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 21 27. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: Respondent shall provide a minimum of three (3) separate references of current or previous contracts with a similar scope of work to the requested services of this RFP, within the past five (5) years, preferably with a governmental agency. Respondent must demonstrate the ability to perform services of similar complexity, nature, and size. For each previous contract. Respondent must provide a description of the scope, its location, contract dates, and a contact person willing and able to discuss the Respondent’s performance for that contract. Letters of References may also be provided. Only contracts for which the Respondent was the prime contractor will be considered to be relevant. Attach additional sheets if necessary. Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency:____________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency:_________________________________________________________ Agency’s Point of Contact: Name and Title: ___________________________________ Phone number: ________________________________ Email address: ________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: ___________________________________ Phone number: ________________________________ Email address: ________________________________ Does Respondent have any similar work in progress at this time? Yes___ No ___ Bank or other financial references: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Page 122 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 22 28. EXCEPTIONS: Does Respondent have any Exceptions to the Scope of Work or terms of the Contract Documents? Yes _____ No ______ List any exceptions Respondent has to this scope of work or contract terms. Exceptions will not be considered after the bid has been awarded. The City reserves the right to accept or reject any requested exceptions. If Respondent leaves this question blank, Respondent agrees it has no exceptions. 29. SUBMITTALS: The City of Ocoee requests comprehensive responses to every section within this RFP. To facilitate the review of the responses, Respondents s hould follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, rather to ensure the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation; any missing information will be evaluated accordingly. Submissions should be limited to a total of fifty (50) 8.5”x 11” pages (excluding front and back covers, dividers, and all forms included in this RFP), single -sided, portrait orientation, 12-point font. The page limit applies to the material contained in Sections 1 and 2 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. In order to simplify the review process and obtain the maximum degree of comparison, the Respondent should provide the following content when responding to the RFP . Section 1 – Company Information • Company’s history, number of years in business, etc. • List of all company’s key staff, their qualifications, their role for this contract, and a copy of each key staff’s resume for the past five (5) years. • Copies of company and employee certifications, current and active licenses and registrations with regulatory agencies, professional organizations, etc., including all Licenses as required for chemical application from State of Florida Department of Agriculture and Consumer Services, Pesticide Certification Office. • List of company’s equipment type and quantity to be used for this contract. See Sections 26. Section 2 – Company Experience/References • Provide a minimum of three (3) separate references of current or previous contracts with a similar scope of work to the requested services of this RFP, within the past five (5) years, with other public or private agencies. Respondent must demonstrate the ability to perform services of similar complexity, nature, and size as those required in this RFP. See Section 27. Page 123 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 23 • List of at least three (3) client references to include a description of the, project, contract dates, the awarding agency’s name, the point of contact, telephone number(s), and e-mail address. • List of subcontractors. See Section 25 Section 3 – Price Proposal • Exhibit C (Any proposal submitted without a price proposal will be deemed non-responsive.) • Price Proposals shall be deemed to include all material, chemicals, equipment, travel, labor in order to provide the requested services. • Respondents must include the brands of chemical that are being proposed. Section 4 – Other Required Content • Required Bid Security. see Section 1. (Required. Any proposal submitted without a Bid Security will be deemed non -responsive.) • Summary of Litigation. See Section 23 • Acknowledgement of any Addenda issued. See Section 24. • Forms listed on Table of Contents as to be submitted with your proposal. • Company Information/Signature Sheet • Drug Free Workplace Form • Conflict of Interest Disclosure Form • Non-Collusion Affidavit • Certification of Non-segregated Facilities • Certification Regarding Scrutinized Companies’ Lists • Human Trafficking Affidavit • Company Not an Entity of Foreign Country of Concern • Contractor E-Verify Affidavit 30. EVALUATION CRITERIA: The criteria for making an aware recommendation are as follows: EVALUATION CRITERIA MAXIMUM POINTS 1. Company Qualifications, Experience and References 50 2. Proposed Brands of Chemicals 30 3. Price Proposal 20 TOTAL POSSIBLE POINTS 100 (Information supplied by client references may be used in determining the relative merits of a Respondent under any and all of the above -listed criteria.) Page 124 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 24 31. SELECTION PROCESS: A City evaluation committee will review and evaluate each Respondent’s submittal and will short-list and recommend to the City Commission one (1) firm to perform the required services. The City reserves the right, before awarding the contract, to require a Respondent to submit such evidence of its qualifications, as the City may deem necessary and/or may require oral presentations or interviews of firms. The City Commission shall be the sole judge of the competency of Respondents. All Respondents shall be notified via Bonfire or other means of staff’s recommended ranking of firms to the City Commission. The City Commission’s decision to endorse or modify the ranking by staff shall be final. The successful Respondent shall be required to execute an agreement which provides, among other things, that any plans, drawings, reports, and specifications that result from Respondent’s services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequent executed by both parties. 32. TIME SCHEDULE: The anticipated schedule of events related to this solicitation is: January 26, 2025 RFP advertised 23 days later Last day for questions 30 days later Proposal submission deadline 35 days later Proposals distributed to Evaluation Committee 50 days later Evaluation Committee Meeting Next Meeting Top-ranked firm recommendation to City Commission All dates above are an estimate and subject to change at the City’s discretion. End of Section Page 125 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 25 EXHIBIT “A” SCOPE OF WORK RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS The following is a General Scope of Work of services to provide Pest Control and Fertilizing Service for Athletic Fields. Services shall be performed in accordance with standards set by the Institute of Food and Agricultural Services of the University of Florida. All materials shall be applied in accordance with the product label. All work shall be conducted in strict accordance with licensing (Florida Pest Control Act, Chapter 482 Florida Statutes) and principles of turf grass management. All proposers shall have an active Lawn and Ornamental license from the Florida Department of Agriculture and Consumer Services, Bureau of Entomology & Pest Control. EQUIPMENT: Only equipment designed for the performance of turf and landscape work described herein will be acceptable for operation. The equipment us ed shall be clean, in good repair and operating condition at all times. Equipment shall meet all safety requirements as established for this type of work. No equipment shall be operated which damages pavement or causes mechanical damage to turf areas (i.e. ruts, skid marks, or tears, etc.). 1. SCOPE OF WORK UNDER PROPOSAL a. Contractor shall furnish all material, chemicals, equipment, travel, and labor to provide chemical applications for fertilization and control of lawn pests, weeds, and vegetation at City of Ocoee athletic field locations. (See Appendix B) b. Chemical applications will include, but is not limited to all: • Fertilizers • Chemicals for control of mole crickets, ants, fleas, armyworms, ticks, white grubs, wireworms, chinch bugs, sod webworms, nematodes, spider mites, caterpillars, and aphids • Fungus and other diseases • Weed Control of broadleaf weeds, grassy weeds, and sedges c. “Control of” shall be defined as no more than one (1) occurrence of any manifestation during the season, or a minimum of four (4) months. Any subsequent occurrences during the season will be treated by the Contractor until eliminated at no additional charge to the City. 2. BACKGROUND a. There are currently five (5) scheduled service locations throughout the City. (See Appendix B, Locations and Service Schedule). Each location requires applications and service frequencies specific to its needs. b. Prior to submitting a bid, Bidders should visit each site listed on Appendix B, to review the conditions under which it will be required to operate. Failure to do so will in no way relieve Contractor from providing any and all materials, Page 126 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 26 labor, equipment or performing any work that may be required to carry out the requirements of this Agreement in accordance with the specifications contained herein. 3. MINIMUM REQUIREMENTS At a minimum, Contractor shall meet the following qualifications: a. Where applicable, hold current Licenses for chemical application from State of Florida Department of Agriculture and Consumer Services, Pesticide Certification Office, under the provisions of Chapter 482. These shall include the Florida Commercial Right-Of-Way Pesticide License, the Florida Limited Commercial Maintenance License, and the Pest Control Operator Certification in Turf and Ornamental. 4. OPERATIONAL REQUIREMENTS a. Be responsible for posting all required warning and information signs for the application of chemicals, as required by product label and applicable regulations. b. Provide a dedicated account manager, who is readily available to administer this Agreement on a day-to-day basis. c. Maintain the minimum insurance requirements for the Term of Agreement. d. Provide service personnel for the provision of services under this Agreement who are educated in the safe handling, transportation, application and disposal of chemicals and at a minimum, have and maintain the necessary training required by federal, state, and local regulations, including OSHA and EPA requirements. e. Provide service personnel for the provision of services under this Agreement who meet the City’s background check requirements. f. Employ proven methods of pest control such as Integrated Pest Management (IPM) in order to protect people, properties, and the local environment. g. Be responsible for following all federal, state and local laws regarding hazardous chemicals, including the Environmental Protection Agency Title 40 Code of Federal Regulations and the product’s label. h. Set up a service schedule that is designed to meet the City’s requirements. i. Provide a detailed Report of Work, which should include date, time, weather conditions, application information, etc. and an Inspection Record report after each service to the Parks Operations Manager. j. Visit all new sites added to the servicing list during the Term of Agreement, prior to beginning work, and submit pricing, a recommended application schedule including types of chemicals, and specifications for each application to the Parks Operations Manager. k. In compliance with Florida Occupational Health and Safety Statute Chapter 442, and before services are provided submit MSDS information to the Parks and Leisure Services Department for all proposed chemicals to be used in Page 127 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 27 treatment. l. Provide resolution of discrepancies in service and invoicing within five (5) business days of notification. m. Respond within five (5) business days to calls for unscheduled service and respond as soon as possible to calls for emergency service. n. Notify the City within five (5) business days of any changes in the account manager or other Contractor contact information. o. Provide the dates for scheduled services for the initial six-month period of this Agreement to the City within ten (10) business days of execution of this Agreement and bi-annually thereafter. 5. UNIFORMS The contractor’s employees shall wear uniform shirts and all trucks should be marked with the company name, at a minimum, for easy recognition by residents and City personnel. Employee safety is the contractor’s responsibility, both in work clothing and actions, and shall be in accordance with applicable OSHA standards, and all equipment shall be operated in a safe manner as recommended by the manufacturer. 6. DAMAGE TO PROPERTY All damages including but not limited to damage to sprinklers, irrigation lines, walls, trees, shrubs, poles/posts, signs, street furniture, landscaping, etc. caused by the contractor in performance of the duties under this contract shall be repaired in a timely manner at the contractor’s expense. 7. ADDITION AND DELETION OF SERVICE LOCATIONS a. The City reserves the right to add or delete regularly scheduled service locations at any time during the Term of Agreement without penalty. b. The City shall give Contractor ten (10) days written notice of any deletions of regularly scheduled service location, if possible. Billing for the deleted regularly scheduled service locations will end on the date services are terminated. c. The City Manager will have the authority to approve change orders requests for up to the limit of his purchasing authority for each change order. The City Commission must approve change orders that exceed the City Manager’s purchasing authority. Contractor may not begin service on any additional locations without the written consent of the City. 8. SPECIAL CONTRACTOR REQUIREMENTS At the start of the contract, the contractor will provide the City with the name and cell phone number of the Company Quality Control Representative. The Quality Control Representative shall respond to all City complaints or inspection deficiencies immediately. The contractor’s representative will inform the City immediately after the corrections have been made. Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. – 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, Page 128 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 28 after-hours, weekend, and holidays. Contractor shall demonstrate the ability to perform limited basic landscape and irrigation design services as requested by the City by providing examples of previous experience of similar projects. Contractor shall also demonstrate the ability to perform landscape and irrigation installation services as requested by the City by demonstrating previous experience in performing previous projects. Contractor shall perform a monthly irrigation inspection and test. Results of inspection and test will be provided in a written report to the City detailing any required repairs. 9. ADDITIONAL WORK The City may ask the contractor for additional services. The cont ractor shall submit a written proposal for each additional service requested by City. The cost for these services shall be negotiated and are in addition to the annual contract for Athletic Field Pest Control and Fertilization Services. Additional work may include, but not limited to the following: • Sod Replacement and/or New Installations • Irrigation System Repair beyond the Scope of this Proposal • Irrigation System Redesign, Installation, and/or Retrofit • Additional Fertilizing Applications • Additional Pest Control Applications • Other Landscape Services as may be Assigned 10. BERMUDA TURFGRASS APPLICATION PROGRAM a. All Bermuda Turfgrass applications are accounted for in Appendix A with the 12-month treatment plan. b. The vendor will be responsible for all granular fertilizer applications, as well as, mole cricket treatment. The costs of these applications are to be included in the Price Proposal Form. c. Weed Control: Contractor should include in the base price all herbic ide applications necessary to control infestations of undesirable plants (broadleaf weeds, grassy weeds, and sedges) below threshold populations. All applications shall be made following recommendations contained in The University of Florida Pest Control Guides for Turfgrass Managers. d. Schedule and Application Rates: The Contractor shall apply pre -emergent herbicides as prescribed in Appendix A, and any post emergent treatments needed to keep undesirable plants at or below threshold levels in all Bermudagrass fields listed in Appendix B. The costs of these applications are to be included in the Price Proposal Form. All herbicide applications must comply with the manufacturer’s recommendations for dilution and application. Contractor shall be responsible for monitoring weather conditions and either reschedule application or employ adjuvants as needed, to ensure that the manufacturer’s minimum required contact times are met. Any reapplications of herbicide needed as a result of rainfall occurring during or immed iately after Page 129 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 29 application, shall be the responsibility of the Contractor, at no additional charge. e. Threshold for action: Contractor shall be required to provide treatments whenever the incidence of weeds exceeds acceptable threshold populations. Unacceptable threshold populations exist when there are more than two (2) broadleaf or grassy weeds per 100 square foot area on any portion of the field. f. Insect Control: Contractor shall apply insecticides at the times indicated in Appendix A, following manufacturer’s recommendations for application. The cost of these scheduled pesticide applications are to be included in the Proposal Form. Contractor shall provide prior notice for all applications to coordinate with the programming scheduled for the fields. g. Quality Control: The Parks and Leisure Department may randomly monitor application rates and sample diluted pesticides for independent lab analysis. The Parks Operations Manager may visually inspect treated sites following supplemental applications for evidence of both dead and live insects. Should the lab or other analysis indicate that the rate of application is less than required, or the application was ineffective, Contractor shall be required to reapply the pesticide, at no additional cost to the City of Ocoee. h. Fungicide Treatment: Contractor shall apply fungicides at the times indicated in Appendix A, following manufacturer’s recommendations for application. The cost of these scheduled pesticide applications are to be included Respondent’s Price Proposal Form. i. Only equipment designed for the performance of turf and landscape work described herein will be acceptable for operation. The equipment used shall be clean, in good repair, and operating condition at all times. Equipment shall meet all safety requirements as established for this type of work. No equipment shall be operated which damages pavement or causes mechanical damage to turf areas (ruts, skid marks, or tears). Any equipment left on site overnight must be approved by the Parks Operations Manager and is the sole responsibility of the Contractor. j. All containers, packaging, and used materials are not to be disposed of on City property. Disposal of all containers and packaging is the responsibility of the Contractor. k. Contractor must perform their duties utilizing accepted and required OSHA safety equipment as required by EPA labeled products. BERMUDA TURF: Shall be maintained at a 95% weed free level of controllable weeds. Controllable weeds shall include all broadleaf, grassy, and sedge weeds that can be suppressed or eradicated through single or multiple applications of selective, pre-emergent and post-emergent herbicides. WEED CONTROL (Broadleaf and Grassy): It shall be the Contractors responsibility to notify a designated City representative in order to schedule irrigation requirements. The standard for weed control will depend upon the type of turf grass and is designated below. Undesirable plants growing in the turf stand are to be considered weeds for eradication. Cultural conditions and Page 130 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 30 fertility/insect control programs contribute greatly to the prevention of opportunistic weed growth. Typical target weeds include but are not limited to: a. Broadleaf: Florida Pusley, Pennywort, Chickweed, Clover, and Spurge b. Grassy: Crabgrass, Goose grass, Crows foot, Signal Grass, Torpedo grass, Smut grass, Bull Paspalum and Sandspur c. Sedge: Yellow and Purple Nutsedge A weed pest control program is prescribed to: a. Effectively control infestations of undesirable plants (broadle af, grassy weeds and sedges) at threshold limits. b. Not extend beyond target pests resulting in discoloration or injury to turf stand. Minimize hazards to human and non-target organisms. Threshold for action: Unacceptable threshold populations exist when there are more than five (5) broadleaf weeds per 100 sq. ft. area and / or five (5) grassy or sedge weeds per 500 sq. ft. area. The Parks Operations Manager or designee and the awarded Contractor shall conduct documented quarterly walkthroughs of each field to determine the fields that are at the required threshold for treatment. Note: Because some “weeds” are perennial, repeat applications may be required. These recommendations will be on a field by field basis only with prior approval by City staff. INSECT CONTROL a. One blanket application of proposed pre-emergent herbicide product will be applied in April, when the first signs of Nymphs appear. The field shall be closed at the time of application. The spray Technician shall activate the clock and ensure chemicals are thoroughly irrigated at least ½ inch and retreat as needed at no additional cost to the City. This will be at the discretion of the Parks Operations Manager. b. Turf areas shall be checked bi-weekly, by the chemical maintenance contractor during the months of May through August with the remaining months to be checked on each visit for insect damage. Proper insecticides shall be applied based on latest recommendations from the Department of Agriculture. Any turf damage, due to improper chemical application and other vendor negligence, shall result in vendor replacement of damaged areas. c. Warning signs will be placed on fields with application date written on with an industrial marker. All containers used for mixing application will be removed from City property upon completion of job. d. A review (walk-thru inspection) will be conducted by Parks Operations Manager and vendor on each visit to evaluate potential disease, pest and or weed damage. Contractor will set aside a time frame to communicate and document, with the Parks Operations Manager, the needs of the city. Page 131 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 31 BERMUDA FERTILIZATION PROGRAM: Fertilization is to be conducted quarterly to provide measured quantities of essential plant nutrients to maximize appearance, hasten wear recovery and improve the soil for favorable turf grass growth. a. Rate of Application: 4 pounds of Nitrogen per 1,000 sq. ft. b. Form of Fertilizer: Granular, well formed, uniformed particle size blend c. Fertilizer Analysis Ratio: 4:2:3 minimum w / Iron (Fe). No more than 50% “Quick Release” forms of Nitrogen. No more than 50% Water Insoluble Nitrogen (WN) via Sulfur Coated Urea (SCU) or Synthetic Forms (IBDU, etc.). Fertilizer labels shall be made available to the City following application. * Based on the amount of play. supplementing with liquid fertilizer in the spray applications may be required. Contractor will be responsible for the proper application of fertilizer. Frequency and composition of fertilizer applications will depend upon the type of turf grass and is designated below. Extra applications per written report may be required on weak and stressed fields. (Remainder of page intentionally left blank) Page 132 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 32 Appendix A Bermuda Turfgrass Application Program Month Insecticide Prem. Herbicide Fungicide Herbicide Fertilizer January As Needed Treatment As Needed As Needed February As Needed Treatment As Needed As Needed March As Needed Treatment As Needed Treatment April As Needed Treatment Treatment Treatment May Treatment Treatment Treatment Treatment June Treatment As Needed Treatment July Treatment As Needed Treatment Treatment August Treatment Treatment Treatment September Treatment Treatment Treatment Treatment October As Needed As Needed Treatment Treatment November As Needed Treatment As Needed As Needed December As Needed As Needed As Needed Includes: Bill Breeze Park multi- purpose field, Bob Sorenson fields 1 & 2, Jim Beech Recreation Soccer fields 1 & 2, Vandergrift Central Park fields 1,2,3 & football field, Vignetti Park fields 1 & 2 Page 133 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 33 APPENDIX B SERVICE LOCATIONS 1. Bill Breeze Park 1 multi- purpose field – 1.4 Acres 125 N. Lakeshore Dr. 2. Bob Sorenson Fields 2 baseball fields – 4.1 Acres 1755 Adair St. 3. Jim Beech Recreation Complex 2 soccer fields – 5.1 Acres 1820 A.D. Mims 4. Vandergrift Central Park 3 baseball fields, 1 football field – 4.5 Acres 560 Flewelling Ave. 5. Vignetti Park 2 baseball/softball fields – 1.6 Acres 1910 Adair St. End of Specifications Page 134 of 821 E DELAWARE ST VIZCAYA LAKE RD SNOWDEN ST MAUREEN AV WHITE RD MISTY MAPLEST FLORENCE ST CONSUMER CT ALDAMA CT 2ND ST BASKING RIDGE CT C L I N G E R C O V E R D W S I L V E R S T A R R D URSULA ST TERRAVERDE WY KEATON PY YORVILLE CT ORANGE ARBOUR TR BUCK KEY CT BANYAN COVE BV W MCKEY ST PICWOOD CT WE ST R D SHADY MAPLE CR FORREST CREST CT CASSINGHAM CR PENNY LN CHILD ST B C TERRY RD FORTANNI CR LITTLE ROCK CT DENEEF CR REGALRIVERCR FLORAL ST CRESTWOOD COMMONS AV FLORIBUNDA DR LANCER CRSTATENVILLE CT CONCH KEY CT OCOEE APOPKA RD SHELL KEY CT SWEET OAK ST HAMMOCKS DR CONCORD VILLAGE WY LITTLE IRIS CT L I N C O L N R I D G E L P DORIS ANN CT SAGEBROOK CT LENTON CT ROSE HILL DR S A G E B U S H S T OLD SILVER STAR RD CITRUS OAKS AV SATIN LEAF CR AMBER LEAF CR ERVING CR W OHIO ST S T I N N E T T D R PALM ST CAMBRIDGE VILLAGE CT HAWAII DR LOCHSHYRE LP S A B R I N A D R S T A T E R O A D 4 2 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ALCLOBE CR RODDY RED RD W COLUMBUS ST LYMAN AV JOHNSON MANOR CT BOWNESS AV NEW MEADOWS CT BL A CKW O O D AV CALIFORNIA AV LYLE ST SECURITY CR PEPPERWEED LN D E M A S T U S L N WILD FERN LN WURST RD CABALLERO CT SCARLATTI CT M E R L O T D R DARLA ST KIRBY ST GOLDEN ELM DR MATTHEW PARIS BV S LAKEWOOD AV CHARLES ST SPRING AV 13TH AV JUAREZ ST OLYMPUS DR T U S C A N Y M I L L W Y BOB SORENSON LN OAKWOOD LN CATWOOD DR J A M E L A D R SUN Y D E L LDR PACHECO CT P L U M G R A S S C T WHISKEY CREEK CT DEER KEY CT ABBEYRIDGE CT MONA AV ANCIENT OAK DR ALOHA BAY CT VERDE PINES CT S LAKEWOOD AV HERCULES CT B O V I N G D O N L N BLAKE WY B L U E S P R U C E D R 3RD ST E D I N B O R O U G H P L N I C O L E BV P O R T A B E L L O C T HORMIGAS ST SUZETTE DR LITTLE ASPEN CT SARAH LEE LN RED GOLD LN CUNARD CT S K I S S I M M E E A V M A L C O M R D FORT COLLINS CT 4TH AV A R D E N O A K S D R JESSICA LEA LN FLORA AV SABINAL ST P RA IRIE SAGETR E H POUNDS DR TALL MAPLE LP NEW MEADOWS CT SPRINGFOOT ST 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LAKELOTTA PRAIRIELAKE LAKEBENNET LAKEHACKNEY LAKELOTTA LAKE PRIMA VISTA LAKEMOXIE PEACHLAKE PostOffice Ocoee Municipal Complex Orange CountyServices Building HealthCentral WestOaksLibrary West Oaks Mall Ocoee ES Citrus ES Spring Lake ES Ocoee MS Vignetti Park BeechRecreationCenter Vandergrift Central ParkComplex Montgomery Park SorensonFields Silver GlenPark PalmDrivePark ForestOaksPark Prairie LakePark Forest LakeGolf Course Frank Turner Park Palm Park Tiger MinorPark UnityPark HealthyWestOrangeWellnessPark FLOODWAY 3 1 2 4 5 LAKE STARKE LAKE MEADOW LAKE OLYMPIA PRAIRIE LAKE SPRING LAKE LAKE JOHIO LAKE HACKNEY LAKE LOTTA LAKE LOTTA LAKE BENNET LAKE PRIMA VISTA LAKE MOXIE UNNAMED LAKE LAKE OLYMPIA UNNAMED LAKE LAKE ADDAH UNNAMED LAKE UNNAMED CANAL UNNAMED LAKE I Document Path: M:\GIS Admin\Mxds\Recreation\Athletic Field Pest Control and Fertilization Services.mxd Athletic Field Pest Control & Fertilization Services NUMBER ADDRESS PROPERTY ACRES1125 N LAKESHORE DR BILL BREEZE PARK 1 (MULTI-PURPOSE FIELD)1.4 ACRES21755 ADAIR ST BOB SORENSON FIELDS (BASEBALL FIELDS)4.1 ACRES31820 A D MIMS RD JIM BEECH REC CENTER (SOCCER COMPLEX)5.1 ACRES4560 FLEWELLING AVE VANDERGRIFT CENTRAL PARK (FOOTBALL/BASEBALL FIELDS)4.5 ACRES51910 ADAIR ST JOHN VIGNETTI PARK AND COMMUNITY CENTER 1.6 ACRES City of Ocoee LEGEND Print Date: 11/19/2024 This map has been produced from the most accurate information available.The City of Ocoee is not responsible for any errors or omissions contained hereon. Prepared by the City of Ocoee Support Services Department. Athletic Field Pest Control & Fertilization Services Unincorporated Territoryand Other Municipalities City of Ocoee Boundary Lakes and Water Bodies Park & Leisure Services Page 135 of 821 EXHIBIT "C" PRICE PROPOSAL FORM RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS Map Location No.LOCATION ACREAGE SERVICES ANNUAL COST PER LOCATION PER SCHEDULE IN APPENDIX A 1 Bill Breeze Park 1 Multi-Purpose Field 125 N. Lakeshore Dr.1.4 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ 2 Bob Sorenson Fields 2 Baseball Fields 1755 Adair St.4.1 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ 3 Jim Beech Recreation Complex 2 Soccer Fields 1820 A.D. Mims Rd.5.1 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ 4 Vandergrift Central Park 3 Baseball Fields, 1 Football Field 560 Flewelling Ave.4.5 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ 5 Vignetti Park 2 Baseball/Softball Fields 1910 Adair St. 1.6 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ $ Proposed Insecticide: ____________________________________________________________ Proposed Preemergent: ____________________________________________________________ Proposed Fungicide: ____________________________________________________________ Proposed Herbicide: ____________________________________________________________ Proposed Fertilizer: ____________________________________________________________ Respondent (Company Name): ____________________________________________________________ Prepared By: ____________________________________________________________ TOTAL PROPOSED ANNUAL COST OF ALL LOCATIONS: Page 136 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 36 RFP #25-003 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. SIGN BELOW ATTESTING YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS. THE PERSON SIGNING THIS FORM SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY IN A LEGAL CONTRACT. __________________________________ __________________________________ COMPANY NAME TELEPHONE (INCLUDE AREA CODE) __________________________________ FAX (INCLUDE AREA CODE) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (PLEASE PRINT) ___________________________________ ________________________________ ___________________________________ STREET ADDRESS ________________________________ CITY STATE ZIP FEDERAL ID #___________________ _____Individual _____Corporation _____Partnership _____Other (Specify)________________________ Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization this ________day of ____________________, 20____. Personally Known___________ or Produced Identification_________ ____________________________ Notary Public - State of _______ (Type of Identification) County of __________________ ___________________________ Signature of Notary Public ___________________________ Printed, Typed or Stamped Commissioned Name of Notary Public Page 137 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 37 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 , hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractu al services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: Signature By: (Print or Type Name) Title: Date: Page 138 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 38 CONFLICT OF INTEREST DISCLOSURE FORM Award of this contract is subject to the provisions of Chapter 112, Florida Statutes, and all applicable federal, state, and local laws. All Bidders must disclose within their bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity’s owner ship or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ____ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this RFP. ____ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this RFP. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date Page 139 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 39 NON-COLLUSION AFFIDAVIT , being first duly sworn deposes and says: 1. He/She is the (Owner, Partner, Office, Representative or Agent) of , the Bidder that has submitted the attached Bid; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrains from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price in any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. By: Title: STATE OF COUNTY OF Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ____________, 202___, by ___________________ who ☐ is personally known to me or ☐ has presented _________________ as identification. Notary Public My Commission Expires: Page 140 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 40 CERTIFICATION OF NONSEGREGATED FACILITIES Bidder certifies that he/she does not maintain or provide for its employees any segregated facilities at any of its establishments, and that employees are not permitted to perform their services at any location, under this control, where segregated facilit ies are maintained. Bidder certifies further that it will not maintain or provide for employees any segregated facilities at any of its establishments, and that Bidder will not permit its employees to perform their services at any location under Bidder’s control where segregated facilities are maintained. Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. Bidder agrees that (except where Bidder has obtained identical certification from proposed subcontractors for specific time periods) Bidder will obtain identical certifications from proposed subcontractors, if any, prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Bidder will retain such certifications in its files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20___. By: (Title) Official Address (including Zip Code): Page 141 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 41 CERTIFICATION REGARDING SCRUTINIZED COMPANIES’ LISTS Bidder certifies that the company is not participating in a boycott of Israel. Bidder certifies that Bidder is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that Bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, Bidder shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims unde r Section 287.135 of the Florida Statutes. Bidder agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. City shall have the right to terminate any contract resulting from this solicitation for default if Bidder is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Bidder: ___________________________________ By:__________________________________________________ (Authorized Signature) Printed Name and Title:___________________________________ Date:_________________________________________________ Page 142 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 42 HUMAN TRAFFICKING AFFIDAVIT The undersigned, on behalf of Contractor, hereby attests as follows: 1. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the City of Ocoee from executing, renewing, or extending a contract to entities that use coercion for labor or services. 2. Contractor hereby attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. I, the undersigned, am an officer or representative of the non -governmental entity named below, and hereby represent that I: make the above attestation based upon personal knowledge; am over the age of 18 years and otherwise competent to make the above attestation; and am authorized to legally bind, and make the above attestation on behalf of, the Contractor. Under penalties of perjury, I declare that I have read the forgoing document and that the facts stated in it are true. By: Print Name: Print Title: _____________________________ Company Name: STATE OF COUNTY OF The foregoing instrument was sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this _____ day of ______________ , 202__ , by ______________________, as _______________________ of __________________ , who is ☐ personally known to me or ☐ produced _______________________________ as identification. Notary Public Signature (Seal) Print Notary Name: ______________________ My Commission Expires: Page 143 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 43 COMPANY NOT AN ENTITY OF FOREIGN COUNTRY OF CONCERN For purposes of this affidavit, "foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. The undersigned, on behalf of the entity listed below hereby attest s under penalty of perjury as follows: 3. I am over the age of 18 and I have personal knowledge of the matters set forth herein. 4. I am an officer or representative of ________________________ (hereinafter “Entity”), and I am authorized to provide this affidavit on its behalf. 5. Entity is not owned by the government of a foreign country of concern. 6. No government of a foreign country of concern has a controlling interest in Entity. 7. Entity is not organized under the laws of or has its principal place of business in a foreign country of concern. 8. If, at any time in the future, Entity does become owned by a foreign country of concern, if a foreign country of concern acquires a controlling interest in Entity, or Entity becomes organized under the laws of or relocated to a foreign country of concern, Entity will immediately notify the City of Ocoee and no contracts may be executed, renewed, or extended between the parties. 9. I have read the foregoing affidavit and confirm that the facts stated in it are true, and are made for the benefit of, and reliance by the City of Ocoee. Further Affiant sayeth naught. Authorized Signature: Printed Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged by physical means / by electronic means before me this day of 20__, by , who is personally known to me / presented as identification and who did / did not take an oath. Notary Public Signature (Seal) Print Notary Name: ______________________ My Commission Expires: Page 144 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 44 CONTRACTOR E-VERIFY AFFIDAVIT I hereby certify that [contractor] does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes. All employees hired on or after January 1, 2021 have had their work authorization status verified through the E-Verify system. A true and correct copy of [contractor] proof of registration in the E-Verify system is attached to this Affidavit. Authorized Signature: Printed Name: Date: STATE OF ____________________ COUNTY OF The foregoing instrument was acknowledged before me by means of □physical presence or □online notarization, this ___ day of _________________ 20____, by (name and title of officer or agent) of (name of contractor company acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she □ is personally known to me or □ has produced ____________________ as identification. Notary Public Signature (Seal) Print Notary Name: ______________________ My Commission Expires: Page 145 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 45 EXHIBIT “E” PROPOSED AGREEMENT FOR RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS THIS AGREEMENT FOR PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS (this “Agreement”) is made this day of ___, 20___, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the “City”) and , a ___________ corporation, whose mailing address is (hereinafter referred to as the “Contractor”). WITNESSETH: WHEREAS, the City desires to enter into an A greement with the Contractor to perform the work set forth in that certain Request for Proposals RFP #25-003 (the “Work”), and any amendments thereto being attached hereto as Exhibit “A”; and WHEREAS, the Contractor is capable of performing the Work and agrees to perform the Work pursuant to the terms of this Agreement, and for the amounts specified in the Contractor’s Proposal, the Contractor’s Proposal, including all required forms, and any amendments thereto being attached hereto as Exhibit “B”. NOW THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Scope of Agreement. The terms and conditions of Exhibit “A attached hereto as well as the terms and conditions of Exhibit “B” attached hereto are incorporated by reference herein as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment, labor, supervision, and consumables to complete the Work. Section 2. Term of Agreement. This Agreement shall consist of one (1) initial three (3) year term beginning on (the “Effective Date”), with two (2) separate automatic one-year extensions, for a total of five (5) years, unless terminated by the City upon the issuance of written notice by the City to the Contractor provided not later than thirty (30) days prior to the expiration of any renewal year term. The City shall have the option of extending the term an additional one (1) year. Each term is renewable with the condition that the City’s obligation to pay under this Agreement for each year is contingent upon the City in its good faith judgment having sufficien t funds to make an annual appropriation for the work to be provided under this agreement. Section 3. Compensation. Contractor agrees to provide the services and materials as specified in Exhibit “A” for the amount specified in Exhibit “C”. The amount as specified in Exhibit “C” may be increased or decreased by the City under the Extra Work provision of this Agreement, through the issuance of a Change Order, if applicable. Any prices specified Page 146 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 46 in this Agreement, will remain firm for the initial three (3) year term of this Agreement. After the initial three (3) year term of this Agreement, price adjustments will be allowed pursuant to the Price Adjustment provision of this Agreement. Section 4. Payment. All invoices received by the City are payable within (30) days from receipt, provided they have first been approved by the City, and the City has accepted the Work for which payment is sought. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor. All invoices shall be in duplicate and directed to: City of Ocoee, Accounts Payable, 1 N. Bluford Avenue, Ocoee, Florida 34761-2258. All invoices must be clearly marked: Agreement for Pest Control and Fertilization Services for Athletic Fields (RFP 25-003) Section 5. General Conditions. A. 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 this Agreement, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. B. Termination for Default: 1) The performance of Work under this Agreement may be terminated by the City, in whole or in part, in writing, whenever the City shall determine that the Contractor has failed to meet the performance requirements of this Agreement. 2) The City has a right to terminate for default if the Contractor fails to perform the Work, or if the Contractor fails to perform the Work within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement. 3) Failure of a Contractor to perform the required Work within the time specified, or within a reasonable time as determined by the City or failure to redo the Work when so requested, immediately or as directed by the City, shall constitute authority for the City to hire another contractor to perform the Work. In all such cases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of the Agreement prices. 4) Should public necessity demand it, the City reserves the right to utilize services which are substandard in quality, subject to an adjustment in price to be determined by the City. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the City that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. 5) Termination for Convenience. The City may terminate this Agreement at its convenience with thirty (30) days advance written notice to the Contractor. In Page 147 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 47 the event of such a termination by the City, the City shall be liabl e for the payment of all Work properly performed 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 and other reasonable costs associated with the termination. C. Warranty: 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. 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 redo 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 obtaining another Contractor to redo the Work. ALL MATERIALS PROVIDED BY THE CONTRACTOR, SHALL BE MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED. THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PERFORMED UNDER THIS AGREEMENT. D. Time of Completion: The parties understand and agree that time is of the essence in the performance of this Agreement. The Contractor agrees that all Work shall be performed regularly, diligently, and uninterrupted within the time specified. 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 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 may at its discretion, cancel this Agreement for the convenience of the City. E. Indemnification: To the fullest extent provided by law, Contractor shall indemnify and hold harmless the City and all of its officers, agents and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys’ fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor, its agents, employees, or subcontractors during the performance of the Agreement. The City shall use its best efforts to promptly notify the Contractor in writing of any Claims and shall provide the Contractor with information regarding the Claims as the Contractor may reasonably request, but the Page 148 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 48 failure to give such notice or provide such information shall not diminish the obligations of the Contractor under this Section. No Claims whatsoever shall be made or asserted against the City by the Contractor for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. F. Correction of Work: Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to this Agreement. Contractor shall bear all costs of correcting such rejected Work. In the event that Contractor fails to timely perform or otherwise maintain a portion of the work, then the City, at its sole discretion and without waiving any other rights or remedies under this Agreement, may deduct from any amounts due under this Agreement, the actual cost paid by the City to a third party to perform the work. If the City performs such work with its own personnel, then the City may deduct from any amounts due under this Agreement such amount equal to what the Contractor would have charged for doing the work, plus 15% of such amount. G. Right to Audit Records: The City shall be entitled to audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the performance of this Agreement or any sub -contract to this Agreement. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under this Agreement and by the sub -contractor for a period of three (3) years from the date of final payment under the sub -contract unless a shorter period is otherwise authorized in writing. H. Information: All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to this Agreement, shall be the sole property of the City and all righ ts therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents. I. 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 workers and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. J. Extra Work: The City, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions, the Agreement price being adjusted accordingly. All such changes in the Work shall be authorized by a written Change Order to this Agreement, and shall be executed under the applicable conditions of the Agreement. K. Price Adjustments: Pricing is firm for the initial three (3) year term of this agreement. For the renewal terms of this Agreement, if the Contractor proposes to make a price adjustment, the Contractor shall first give the City written notice thereof, with explanations stated for the price adjustment, and such notice shall be given at least one hundred-twenty (120) calendar days prior to the one (1) year renewal term for Page 149 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 49 which the price adjustment is sought. Nothing contained herein shall affect the City’s right to terminate this Agreement for Convenience as provided herein. L. Familiarity with The Work: The Contractor by executing this Agreement, 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 this Agreement by the Contractor serves as the Contractor’s stated commitment to fulfill all the conditions referred to in this Agreement. Section 6. Miscellaneous Provisions: A. Contractor shall not employ subcontractors without the advance written permission of the City. B. No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned wi thout such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. C. Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. D. No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the City. E. 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 loca l laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. F. The Contractor shall at all times, keep the Work area free from accumulation of waste materials or rubbish caused by its operations, and promptly remove any such materials to an approved disposal location. G. 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. H. This Agreement is considered a non-exclusive Agreement between the parties. Page 150 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 50 I. This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. J. Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contractor and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. K. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. L. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted proposals for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that it is authorized to enter into this Agreement and to execute same on behalf of the Contractor as the act of the said Contractor. M. This Agreement, including Exhibit “A” and Exhibit “B”, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. (Signature Page Follows) Page 151 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 51 IN WITNESS WHEREOF, Contractor and City have caused this Agreement for Pest Control and Fertilization Services for Athletic Fields to be executed by their duly authorized officers as of the day and year first above written. CONTRACTOR: ____________________________________ BY:________________________________________________ PRINT NAME: ______________________________________ TITLE: _____________________________________________ WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on______, 2025, under Agenda Item ____. this day of , 2025 FISHBACK DOMINICK BY: Richard S. Geller, Esq., City Attorney END OF SECTION Page 152 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 52 EXHIBIT “F” BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ______________________________________________________, as Principal, and as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ ____________ ____________ (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 20__. The Condition of the above obligation is such that whereas the Principal has submitted to the C ity of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the RFP #25-003 Pest Control and Fertilization Services for Athletic Fields. NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney’s fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bi dding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). Page 153 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 53 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written n otice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer, or proposal as applicable. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Strike out (X) non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. Page 154 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 54 If Bidder is SOLE PROPRIETORSHIP, complete this signature block. (Individual's Signature) (Individual's Signature) doing business as (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) If Bidder is PARTNERSHIP, complete this signature block. (Partnership Name) (General Partner’s Signature) (General Partner’s Name) (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) 2) (Witness) (SEAL) Page 155 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 55 If Bidder is CORPORATION, complete this signature block. (Corporation Name) (State of Incorporation) By: (Name of Person Authorized to Sign - See Note 1) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) Page 156 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 56 SURETY (Surety Business Name) (Principal Place of Business) By: (Surety Agent’s Signature - See Note 2) (Surety Agent’s Name) (Surety Agent’s Title) (Business Name of Local Agent for Surety) (Business Address) (Telephone No.) (Bond No.) Witness: (If agency is not a Corporation) (1) (Witness) (2) (Witness) Attest: (If Agency is a Corporation) (Corporate Secretary Signature) (Corporate Secretary Name) (Corporate Seal) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Page 157 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 57 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF ) COUNTY OR CITY OF ) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of ___________, 20__ by _________________________ as Attorney-in-Fact, who is personally known to me or who has produced _____________________ as identification on behalf of , a Corporation, (Surety Company) (State) which executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said were affixed by order and authority of said (Surety Company) Company's Board of Directors, and that the execution of the attached bond is the free act and deed of . (Surety Company) Given under my hand and seal this day of , 202___. (Notary Public) My Commission Expires END OF SECTION Page 158 of 821 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 February 13, 2025 ADDENDUM NO. ONE (1) CITY OF OCOEE RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS This addendum shall modify and become a part of the original RFP Documents. This addendum consists of three (3) pages, including attachments. Respondents should acknowledge receipt of this addendum in the space provided in the RFP Documents. Failure to do so may subject the Respondent to disqualification. Answers to questions received and/or Amendments to the RFP Documents are as follows: Q1. A request was received to pre-approve a subcontractor. A1. The City is not pre-approving subcontractors during the bidding phase. Respondents should submit with their proposal a list of subcontractors, if any, and the qualifications of those subcontractors. After the contract is awarded, the Successful Respondent would require prior approval to utilize any subcontractor(s) not listed within the proposal submitted in response to this RFP. Q2. Can you clarify why the following two licenses are required? Florida Commercial Right-Of-Way Pesticide License and Florida Limited Commercial Maintenance License. A2. The Florida Commercial Right-of-Way Pesticide License and Florida Limited Commercial Maintenance License are removed from the minimum requirements of this solicitation so long as those licenses are not required by the Department of Agriculture in order to perform the Scope of Work specified in this solicitation. Q3. The application program suggests that March, July, and November are the only months that get fertilizer and at a rate of 4lbs per 1000. Could you please verify that this is correct? A3. 4lbs per 1000 is not correct. The rate is amended to 1lb per 1000. Page 159 of 821 Addendum 01 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields Page 2 Q4. The program suggests 5 blanket fungicide applications be done. Is that correct? A4. The Bermuda Turfgrass Application schedule has been revised and is attached to this addendum as Revised Appendix A. Q5. Are the 6 applications for pre-emergent correct? A5. The Bermuda Turfgrass Application schedule has been revised and is attached to this addendum as Revised Appendix A. Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Evaluation Committee Attachment: Revised Appendix A – Bermuda Turfgrass Application Program Page 160 of 821 Revised Appendix A Addendum 01 -RFP 25-003 Pest Control and Fertilization Services for Athletic Fields REVISED Appendix A Bermuda Turfgrass Application Program Month Insecticide Prem. Herbicide Fungicide Herbicide Fertilizer January As Needed Treatment Treatment As Needed February As Needed As Needed As Needed As Needed March As Needed Treatment As Needed Treatment April As Needed Treatment As Needed Treatment May Treatment As Needed As Needed Treatment June Treatment As Needed Treatment July Treatment As Needed Treatment Treatment August Treatment Treatment Treatment Treatment September Treatment As Needed Treatment October As Needed As Needed Treatment Treatment November As Needed Treatment As Needed As Needed December As Needed As Needed As Needed Includes: Bill Breeze Park multi- purpose field, Bob Sorenson fields 1 & 2, Jim Beech Recreation Soccer fields 1 & 2, Vandergrift Central Park fields 1,2,3 & football field, Vignetti Park fields 1 & 2 Page 161 of 821 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 Addendum No. RFP #25-003 Pest Control And Fertilization Services For Athletic Fields Page 1 February 19, 2025 ADDENDUM NO. TWO (2) CITY OF OCOEE RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS This addendum shall modify and become a part of the original RFP Documents. This addendum consists of one (1) page, including attachments. Respondents should acknowledge receipt of this addendum in the space provided in the RFP Documents. Failure to do so may subject the Respondent to disqualification. Bid Submission Deadline has changed to March 4, 2025. Answers to questions received and/or Amendments to the RFP Documents are as follows 1. Revised Dates for RFP #25-003: • Bid Submission Deadline: Tuesday, March 4, 2025, at 2:00 p.m. local time. • The deadline for Receipt of Questions remains unchanged. Alexis Chnetouf Alexis Chentouf Purchasing Technician cc: Evaluation Committee Page 162 of 821 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 February 25, 2025 ADDENDUM NO. THREE (3) CITY OF OCOEE RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS This addendum shall modify and become a part of the original RFP Documents. This addendum consists of three (3) pages, including the attachments. Respondents should acknowledge receipt of this addendum in the space provided in the RFP Documents. Failure to do so may subject the Respondent to disqualification. The Proposal Submission Deadline has changed. Answers to questions received and/or Amendments to the RFP Documents are as follows: QUESTIONS & ANSWERS Q1. Question regarding the frequency of the fertilizer applications. Now that it’s changed to 1lb per 1000 sq. ft. it still only states to fertilize in March, July, and October. Can you look into this to make sure its correct? A1. The above question relates to Q3. and A3. included in Addendum 01. The City is amending Answer No. 3 (A3.) in Addendum 01 as follows: Since the rate of fertilizer may vary, the City is requesting Respondents to propose an application schedule using the attached Exhibit “E” Respondents Proposed Bermuda Turfgrass Application Program Schedule. Respondents shall also list all proposed chemical brands and the application rate of the fertilizer. All Respondents must complete and submit the attached Exhibit “E” Respondents Proposed Bermuda Turfgrass Application Program Schedule. Q2. I see a 5% bid security is required. Is this correct? A2. Yes, that is correct. Q3. If we are using a cashier’s check with our bid do we need to fill out any of the bond related forms? A3. If Respondent is submitting a cashier’s check as bid security, the Bid Bond form does not apply. Page 163 of 821 Addendum 03 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields Page 2 AMENDMENTS 1. REVISED DATES FOR RFP #25-003: Deadline for Receipt of Questions: March 4, 2025, 2:00 p.m., local time. Proposal Submission Deadline: March 11, 2025, 2:00 p.m. local time 2. Section 3, Page 23 of the RFP is replaced in its entirety with the following: Section 3 – Price Proposal, Proposed Application Schedule, and Proposed Chemicals • Exhibit C (Any proposal submitted without a price proposal will be deemed non-responsive.) • Price Proposals shall be deemed to include all material, chemicals, equipment, travel, labor in order to provide the requested services. • Respondents must include the brands of chemical that are being proposed. • Respondents must complete and submit within its proposal Exhibit “E” Respondents Proposed Bermuda Turfgrass Application Program Schedule. 3. The Evaluation Criteria table on Page 23 of the RFP is amended to add “Proposed Bermuda Turfgrass Application Program Schedule” as an evaluation criterion in box 2. Section 30, Page 23 of the RFP is replaced in its entirety with the following: 30. EVALUATION CRITERIA: The criteria for making an award recommendation are as follows: EVALUATION CRITERIA MAXIMUM POINTS 1. Company Qualifications, Experience and References 50 2. Proposed Brands of Chemicals, Proposed Bermuda Turfgrass Application Program Schedule 30 3. Price Proposal 20 TOTAL POSSIBLE POINTS 100 (Information supplied by client references may be used in determining the relative merits of a Respondent under any and all of the above-listed criteria.) Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Evaluation Committee Attachment: Exhibit “E” Respondent's Proposed Bermuda Turfgrass Application Program Page 164 of 821 EXHIBIT “E” Addendum 03 -RFP 25-003 Pest Control and Fertilization Services for Athletic Fields EXHIBIT “E” RESPONDENT’S PROPOSED BERMUDA TURFGRASS APPLICATION PROGRAM SCHEDULE Month Insecticide Preemergent Herbicide Fungicide Herbicide Fertilizer January February March April May June July August September October November December Includes: Bill Breeze Park multi- purpose field, Bob Sorenson fields 1 & 2, Jim Beech Recreation Soccer fields 1 & 2, Vandergrift Central Park fields 1,2,3 & football field, Vignetti Park fields 1 & 2 PROPOSED CHEMICAL BRANDS: Insecticide: Preemergent Herbicide: Fungicide: Herbicide: Fertilizer: Fertilizer Application Rate: lb(s) per sq. ft. Respondent (Company Name): Prepared By: Page 165 of 821 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 March 6, 2025 ADDENDUM NO. FOUR (4) CITY OF OCOEE RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS This addendum shall modify and become a part of the original RFP Documents. This addendum consists of one (1) page. Respondents should acknowledge receipt of this addendum in the space provided in the RFP Documents. Failure to do so may subject the Respondent to disqualification. Answers to questions received and/or Amendments to the RFP Documents are as follows: Q1. Are we able to please get a copy of the current contract? A1. The services are currently being performed under City issued purchased orders as the City does not have a term contract for these services. Shannon Hopper Shannon Hopper, CPPB Purchasing Technician II cc: Evaluation Committee Page 166 of 821 Mayor Commissioners Rusty Johnson Scott R. Kennedy, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Craig Shadrix George Oliver III, District 4 April 7, 2025 VIA EMAIL AND FEDERAL EXPRESS Mr. John Peltier Senior Business Development Representative TruGreen Limited Partnership 3801 Center Loop Orlando, FL 32808 johnpeltier@trugreenmail.com RE: Bid Protest – City of Ocoee – RFP 25-003 Formal Response Dear Mr. Peltier: This is a formal response to your email received on March 31, 2025, which the City deems to constitute TruGreen’s timely Bid Protest to RFP 25-003. The City has reviewed the Bid Protest in accordance with the standards and procedures set forth in Section 10 of the RFP, § 21.9 of the City Code, and applicable laws of the State of Florida. For the reasons explained below, the City is denying the Bid Protest as without merit. The Bid Protest stated as follows: Good morning Shannon, I just wanted to reach out after reviewing the evaluation forms. I was a little shocked at the results regarding the qualifications because I don’t feel there is a company out there that has more experience and qualifications than TG. We have been in business more than 50 years, and have over 125 total years’ experience combined, and yet one evaluator gave us a score of 20 out of 50 and our qualification scores ranged from 20 to 50. How is that even possible when the other companies who submitted bids have far less experience than TG? Was there a specific reason our qualification/experience numbers were so low? Sincerely! JP Page 167 of 821 Mr. John Peletier April 7, 2025 Page 2 Accordingly, TruGreen protests Evaluator 5’s raw score under the category of “Company Qualifications, Experience and References” as arbitrary or capricious. This category is not limited to years of experience. It also includes the Respondent’s qualifications as the evaluator judges them, as well as references. To ensure that Evaluator 5 did not score this category in an arbitrary or capricious manner, the City Attorney asked him for the factors he considered in his evaluation. Evaluator 5 advised the City Attorney that, as a baseball coach for Ocoee High School, he is frequently on the High School’s baseball field, which TruGreen has maintained for years. In fact, TruGreen listed “Orange County Public Schools Athletic Fields” as a reference on page 21 of its Response to the RFP. Evaluator 5 stated he has found the turf condition at Ocoee High School unsatisfactory, having observed fungus, weeds, and poor turf color. In comparison, he viewed the City of Ocoee’s soccer field, maintained by Lake Jem Farms, LLC, as “immaculate.” Accordingly, he gave Lake Jem a number 1 preference ranking and TruGreen a number 3 preference ranking. He said he did not share these views with any other evaluator. To prevent any evaluator from disproportionately influencing the outcome, the City does not award RFPs such as this one based on raw scores. Rather, raw scores are intended only to assist evaluators in determining their preferences among the Respondents, in this case ranked 1, 2, and 3, as follows: Page 168 of 821 Mr. John Peletier April 7, 2025 Page 3 The lowest point total achieves the highest ranking. Four evaluators ranked Lake Jem as their number 1 preference. Lake Jem’s 6 points total, compared to True Green’s 10 points, and Protext’s 14 points, made Lake Jem the highest ranked firm for recommendation to the City Commission. The City does not find a legitimate justification for disregarding or throwing out Evaluator 5’s preference rankings; however, even if such justification existed, Lake Jem would still prevail with 5 points compared to Protext at 12 points, and TruGreen at 7 points. In other words, TruGreen would still rank second among the three Respondents. We realize the outcome is disappointing to TruGreen, but we do not find any defect in the Response evaluation process. Based on our internal inquiry, we do not find any deviation from the criteria set forth in the RFP. We do not find that Evaluator 5 judged TruGreen in an arbitrary or capricious manner. Accordingly, the City denies TruGreen’s Bid Protest. Sincerely, Shannon Hopper Shannon Hopper, CPPB Purchasing Agent and Technician cc: Mr. Craig Shadrix, City Manager Mr. Mike Rumer, Assistant City Manager Ms. Joyce Tolbert, Procurement manager Richard S. Geller, Esquire, City Attorney Page 169 of 821 From:Hopper, Shannon To:"Peltier, John" Subject:City of Ocoee"s Formal Response to Bid Protest for RFP 25-003 Pest Control and Fertilization Services for Athletic Fields Date:Monday, April 7, 2025 12:12:22 PM Attachments:image002.png Formal Response to Bid Protest_4.7.2025.pdf Good afternoon, John: Please see the attached letter which serves as the City of Ocoee’s formal response to the bid protest email below for RFP 25-003 Pest Control and Fertilization Services for Athletic Fields. Thank you, Shannon Shannon Hopper, CPPB Purchasing Technician II City of Ocoee 1 N. Bluford Avenue Ocoee, FL 34761 (PH: 407-905-3100 x 1524 *E-mail: shopper@ocoee.org Website: www.ocoee.org Florida has a very broad public records law (F.S. 119). As a result, any written communication created or received by City of Ocoee officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Additionally, under Florida Law email addresses are public records. From: Hopper, Shannon Sent: Tuesday, April 1, 2025 4:41 PM To: 'Peltier, John' <JohnPeltier@trugreenmail.com> Subject: RE: Evaluation committee form rankings Good afternoon, John: Page 170 of 821 I wanted to acknowledge receipt of your bid protest on behalf of TruGreen in the email below and will provide a formal answer to the protest within the protest procedure timeline stated in the RFP Documents. Thank you, Shannon Shannon Hopper, CPPB Purchasing Technician II City of Ocoee 1 N. Bluford Avenue Ocoee, FL 34761 (PH: 407-905-3100 x 1524 *E-mail: shopper@ocoee.org Website: www.ocoee.org Florida has a very broad public records law (F.S. 119). As a result, any written communication created or received by City of Ocoee officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Additionally, under Florida Law email addresses are public records. From: Peltier, John <JohnPeltier@trugreenmail.com> Sent: Monday, March 31, 2025 7:33 AM To: Hopper, Shannon <SHopper@ocoee.org> Subject: Evaluation committee form rankings Good morning Shannon, I just wanted to reach out after reviewing the evaluation forms. I was a little shocked at the results regarding the qualifications because I don’t feel there is a company out there that has more experience and qualifications than TG. We have been in business more than 50 years, and have over 125 total years’ experience combined, and yet one evaluator gave us a score of 20 out of 50 and our qualification scores ranged from 20 to 50. How is that even possible when the other companies who submitted bids have far less experience than TG? Was there a specific reason our qualification/experience numbers were so low? Sincerely! JP Page 171 of 821 John Peltier SR.Business Development Representative johnpeltier@trugreenmail.com Cell 407-466-4183 Fax 901-251-6294 CONFIDENTIALITY NOTICE: The information contained in this e-mail, including any attachment(s), is confidential information that may be privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or if you received this message in error, then any direct or indirect disclosure, distribution or copying of this message is strictly prohibited. If you have received this message in error, please notify TruGreen by calling (800) 456-5296 and by sending a return e-mail, delete this message, and destroy all copies, including attachments. Page 172 of 821 Page 173 of 821 Page 174 of 821 Page 175 of 821 Pa g e 1 7 6 o f 8 2 1 Pa g e 1 7 7 o f 8 2 1 Pa g e 1 7 8 o f 8 2 1 Pa g e 1 7 9 o f 8 2 1 Pa g e 1 8 0 o f 8 2 1 Pa g e 1 8 1 o f 8 2 1 Pa g e 1 8 2 o f 8 2 1 Pa g e 1 8 3 o f 8 2 1 Pa g e 1 8 4 o f 8 2 1 Page 185 of 821 Page 186 of 821 Page 187 of 821 Page 188 of 821 Pa g e 1 8 9 o f 8 2 1 Page 190 of 821 Page 191 of 821 Page 192 of 821 Page 193 of 821 Page 194 of 821 Page 195 of 821 Page 196 of 821 Page 197 of 821 Page 198 of 821 Page 199 of 821 Pa g e 2 0 0 o f 8 2 1 Page 201 of 821 Page 202 of 821 Page 203 of 821 Page 204 of 821 Page 205 of 821 Page 206 of 821 Page 207 of 821 Page 208 of 821 Page 209 of 821 Page 210 of 821 Page 211 of 821 From:Michelle Garretson To:Hopper, Shannon Cc:David Espey Subject:RE: RFP 25-003 - Request for Notarized Forms Date:Monday, March 17, 2025 8:10:55 AM Attachments:image002.png image003.png Company information.pdf Non-Collusion.pdf Human Trafficking .pdf Company Not an Entity of Foreign Country.pdf E-Verify.pdf Good morning, Shannon, The notarized pages are attached. I apologize for missing this. Let me know if you need anything else. Thank you, Michelle Garretson Contract Coordinator Accounts Receivable Lake Jem Farms Creative Walls and Landscaping 352-415-0825 From: Hopper, Shannon <SHopper@ocoee.org> Sent: Thursday, March 13, 2025 5:56 PM To: Michelle Garretson <mgarretson@ljfholdco.com>; David Espey <despey@lakejemfarms.com> Subject: RFP 25-003 - Request for Notarized Forms Importance: High Good afternoon, Michelle and David: The forms listed below in bold which were submitted with Lake Jem Farms’ proposal are missing the completed notary section. I see where the state Page 212 of 821 and county are filled in on the forms, but the rest of the notary section is not complete. Please email the notarized forms to me by 5:00 p.m. on Tuesday, March 18, 2025. Company Information/Signature Sheet Non-Collusion Affidavit Company Not an Entity of Foreign Country of Concern Human Trafficking Affidavit Contractor’s E-Verify Affidavit Thank you, Shannon Hopper, CPPB Purchasing Technician II City of Ocoee 1 N. Bluford Avenue Ocoee, FL 34761 (PH: 407-905-3100 x 1524 *E-mail: shopper@ocoee.org Website: https://link.edgepilot.com/s/1aec7a47/78sZB8VxRE_VWSNdSHLQ3Q? u=http://www.ocoee.org/ Florida has a very broad public records law (F.S. 119). As a result, any written communication created or received by City of Ocoee officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Additionally, under Florida Law email addresses are public records. Page 213 of 821 Page 214 of 821 Page 215 of 821 Page 216 of 821 Page 217 of 821 Page 218 of 821 Page 219 of 821 Page 220 of 821 Page 221 of 821 Page 222 of 821 Page 223 of 821 Page 224 of 821 Page 225 of 821 Page 226 of 821 Page 227 of 821 Page 228 of 821 Pa g e 2 2 9 o f 8 2 1 Page 230 of 821 Page 231 of 821 Page 232 of 821 Page 233 of 821 Page 234 of 821 Page 235 of 821 Page 236 of 821 Page 237 of 821 Page 238 of 821 Page 239 of 821 Page 240 of 821 Page 241 of 821 Page 242 of 821 Page 243 of 821 Page 244 of 821 Page 246 of 821 Page 248 of 821 Page 250 of 821 Page 252 of 821 Page 254 of 821 Page 256 of 821 Page 258 of 821 Page 260 of 821 Page 262 of 821 Page 263 of 821 Protex Lawn & Pest Control was established in 2016. We have maintained properties all across Central Florida and out to the East Coast beach areas as well. We not only work on 100’s of residential customers properties, but we also handle commercial, municipal, and sports turf. We are a small local family-owned business, and we can handle lawns, GHP, and termite control. We operate out of our shop in Zellwood, Florida and currently have 7 full time employees. We schedule and run our company utilizing the Jobber software platform, so we are eNicient in everything we do and diligent note takes which accompany every invoice. We pride ourselves and having a full program we utilize to keep our lawns green and weed free all year. We do not skimp on the proper products to save money. We are always proactive and don’t believe in waiting for a problem to occur to act. Page 264 of 821 Sta%ing and Key roles: Reginald Pinard – President Please see attached resume. Robert Keller – Operations Manager Please see attached Resume Bradley Kimmel - Commercial Lead Technician (assigned to this contract) Bradley has over three years’ experience working in the field as a Commercial and Sports turf technician for our company. Page 265 of 821 Reginald Pinard Tavares, Florida Experience: September 2024 to Present President Protex Lawn & Pest control, LLC Oversees strategic purchases Manages Executive team Coordinates Sales & Marketing November 2010 to August 2024 V/P Operations Helping Hand Lawn Care, LLC Oversaw 17 maintenance crews, 3 spray technicians, 6 irrigation technicians, and three install crews. Managed day to day operations Had 5 direct reports. Helped grow Branch over 33% from 2023 to 2024 January 2008 to October 2010 Spray Technician Trugreen Licenses/Certifications: Lawn and Ornamental Fertilization and Pest Control Operator Aquatic License Fertilizer License Best Management Practices John Deere Tractor Certified STIHL two cycle certified operator OSHA Certified CPR Page 266 of 821 Robert J. Keller 533 Windridge Pl Tavares, FL 32778 352-298-6271 Robert@protexlawn.com Professional Summary Experienced pest control professional with over 20 years in the industry, specializing in termite inspections, pest management, and operations leadership. Proven ability to manage teams, optimize service routes, and ensure regulatory compliance. Strong expertise in commercial and residential pest control solutions with a commitment to customer satisfaction and operational efficiency. Professional Experience Protex Lawn and Pest Control – Oviedo, FL Certified Operator & Operations Manager (September 2024 – Present) • Oversee daily operations, ensuring efficiency and compliance with industry regulations. • Manage and train technicians to uphold high service standards. • Develop and implement strategic plans to improve customer satisfaction and business growth. Senior Commercial Route Manager (January 2016 – September 2024) • Managed high-value commercial accounts, providing top-tier pest control solutions. • Trained and supervised technicians to ensure service excellence. • Developed optimized route schedules to maximize efficiency and customer service. Florida Pest Control – Orlando,FL Termite Department Supervisor (December 2013 – December 2015) • Led the termite division, overseeing inspections, treatments, and technician training. • Ensured compliance with state and federal pest control regulations. • Provided customer education and developed strategies to enhance service offerings. Termite Technician (January 2007 – December 2013) • Conducted termite inspections and implemented treatment plans. • Assisted in customer education on prevention and treatment options. • Maintained compliance with industry standards and safety protocols. Keys Pest Control – Key West, FL Page 267 of 821 Pest Control Technician & Termite Inspector (October 2003 – December 2006) • Provided general pest control services and termite inspections. • Assisted in developing treatment plans for residential and commercial properties. • Delivered excellent customer service and educated clients on pest prevention. Certifications & Licenses • Certified Pest Control Operator – L&O, General house hold pest and rodent control, Termite and other WDO. Florida • Florida BMP certificate, Limited commercial/urban fertilizer certification Skills & Expertise • Pest and termite control solutions • Commercial route management • Team leadership and training • Regulatory compliance • Customer relations and education • Operations management Education Tavares High school August 1999- May 2002 High school diploma Page 268 of 821 Licensed Pesticide Applicator Detail Print Close Applicator's Name City, State KIMMEL, ZAKERY DELTOBA,FL License No.License Status License Type: LF361707 Normal Limited Urban Landscape Commercial Fertilizer License Categories Original Issue Date Last Issue Date Expiration Date 2/7/2025 2/7/2025 2/7/2029 Company Name Agent Count: 0 2/11/25, 7:32 AM Licensed Pesticide Applicator Detail https://aessearch.fdacs.gov/PersonDetail.asp 1/2Page 269 of 821 Licensed Pesticide Applicator Detail Print Close Applicator's Name City, State KIMMEL, BRADLEY SCOTT WINTER SPRINGS,FL License No.License Status License Type: LF312293 Normal Limited Urban Landscape Commercial Fertilizer License Categories Original Issue Date Last Issue Date Expiration Date 6/15/2021 6/15/2021 6/15/2025 Company Name Agent Count: 0 2/11/25, 7:32 AM Licensed Pesticide Applicator Detail https://aessearch.fdacs.gov/PersonDetail.asp 1/2Page 270 of 821 Licensed Pesticide Applicator Detail Print Close Applicator's Name City, State KELLER, ROBERT JAMES TAVARES,FL License No.License Status License Type: LF293469 Normal Limited Urban Landscape Commercial Fertilizer License Categories Original Issue Date Last Issue Date Expiration Date 12/18/2019 2/14/2024 12/18/2027 Company Name PROTEX LAWN AND PEST CONTROL INC Agent Count: 0 2/11/25, 7:30 AM Licensed Pesticide Applicator Detail https://aessearch.fdacs.gov/PersonDetail.asp 1/2Page 271 of 821 Licensed Pesticide Applicator Detail Print Close Applicator's Name City, State PINARD, REGINALD LARRY SORRENTO,FL License No.License Status License Type: CM23179 Normal Commercial RUP Applicator License License Categories Aquatic Pest Control Original Issue Date Last Issue Date Expiration Date 9/24/2014 2/9/2023 9/30/2026 Company Name Agent Count: 0 2/11/25, 7:28 AM Licensed Pesticide Applicator Detail https://aessearch.fdacs.gov/PersonDetail.asp 1/2Page 272 of 821 Detail Information Close Print Name:License: PROTEX LAWN AND PEST CONTROL LLC JB360159 Original Issue Date:Issue Date:Expiration Date:Status 2/12/2025 2/12/2025 8/31/2025 Normal License Categories: Pest Control Company Address 5690 W JONES AVW ZELLWOOD, FL 32798 Phone 407-542-0044 Company Employees Please click a name to view the details. Name License Num KELLER,ROBERT JAMES JE138458 KELLER,ROBERT JAMES JF354472 KELLER,ROBERT JAMES LF293469 KIMMEL,BRADLEY SCOTT JE301345 KIMMEL,BRADLEY SCOTT LF312293 KIMMEL,ZAKERY JE362002 3/10/25, 1:04 PM Licensed Pest Control Company Detail https://aessearch.fdacs.gov/CompanyDetail.asp 1/2Page 273 of 821 KIMMEL,ZAKERY LF361707 Employee Count 7 3/10/25, 1:04 PM Licensed Pest Control Company Detail https://aessearch.fdacs.gov/CompanyDetail.asp 2/2Page 274 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 20 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 24. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._2___________ Dated __2/19/25_____________ No._3___________ Dated ___2/25/25___________ No._4___________ Dated __3/6/2_______________ 25. SUBCONTRACTORS: THE SUCCESSFUL RESPONDENT SHALL NOT EMPLOY SUBCONTRACTORS WITHOUT THE ADVANCE WRITTEN PERMISSION OF THE CITY. SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: By submitting a proposal, Respondent certifies that it has investigated any subcontractor/temporary worker agency listed and has received and has in the Respondent’s files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. 26. EQUIPMENT LISTING: Provide the year, make and model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ __________________________________________________________________ None 1 2/13/2025 None 3 Steel Green Ride one Spreader sprayers 12 battery back pack sprayers 3 Chevy/Dodge Vans Page 275 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 21 27. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: Respondent shall provide a minimum of three (3) separate references of current or previous contracts with a similar scope of work to the requested services of this RFP, within the past five (5) years, preferably with a governmental agency. Respondent must demonstrate the ability to perform services of similar complexity, nature, and size. For each previous contract. Respondent must provide a description of the scope, its location, contract dates, and a contact person willing and able to discuss the Respondent’s performance for that contract. Letters of References may also be provided. Only contracts for which the Respondent was the prime contractor will be considered to be relevant. Attach additional sheets if necessary. Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency:____________________________________________________ Agency’s Point of Contact: Name and Title: __________________________________ Phone number: __________________________________ Email address: __________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency:_________________________________________________________ Agency’s Point of Contact: Name and Title: ___________________________________ Phone number: ________________________________ Email address: ________________________________ Name of Project: __________________________________________________________ Project Details: __________________________________________________________ __________________________________________________________ Start date: ________________ Completion date: ________________ Contract amount: _________________________________________ Awarding Agency: ________________________________________________________ Agency’s Point of Contact: Name and Title: ___________________________________ Phone number: ________________________________ Email address: ________________________________ Does Respondent have any similar work in progress at this time? Yes___ No ___ Bank or other financial references: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ The Masters Academy - Ball Fields Fertilization & Pest Control on Ball Fields 06/01/2024 Ongoing $9,100.00 The Masters Academy Trevor Berryhill Trevorberryhill@mastersacademy.org 407-971-2221 Ext. 1246 Multiple Projects (Fertilization & Pest Control) Lawn & Ornamental Fertilization & Pest Control Services 10/01/2020 Ongoing Varies based on purchase orders Brightview Dustin Maffioli 407-493-1663 dustin.maffioli@brightview.com Waterford Lakes HOA Lawn & Ornamental Fertilization & Pest Control Services 12/6/2017 Ongoing $100,000.00 Waterford Lakes HOA Jessica Gomez Manager 407.380.3803 Jessica.Gomez@fsresidential.com X Truist Bank Page 276 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 22 28. EXCEPTIONS: Does Respondent have any Exceptions to the Scope of Work or terms of the Contract Documents? Yes _____ No ______ List any exceptions Respondent has to this scope of work or contract terms. Exceptions will not be considered after the bid has been awarded. The City reserves the right to accept or reject any requested exceptions. If Respondent leaves this question blank, Respondent agrees it has no exceptions. 29. SUBMITTALS: The City of Ocoee requests comprehensive responses to every section within this RFP. To facilitate the review of the responses, Respondents s hould follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, rather to ensure the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation; any missing information will be evaluated accordingly. Submissions should be limited to a total of fifty (50) 8.5”x 11” pages (excluding front and back covers, dividers, and all forms included in this RFP), single -sided, portrait orientation, 12-point font. The page limit applies to the material contained in Sections 1 and 2 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. In order to simplify the review process and obtain the maximum degree of comparison, the Respondent should provide the following content when responding to the RFP . Section 1 – Company Information •Company’s history, number of years in business, etc. •List of all company’s key staff, their qualifications, their role for this contract, and a copy of each key staff’s resume for the past five (5) years. •Copies of company and employee certifications, current and active licenses and registrations with regulatory agencies, professional organizations, etc., including all Licenses as required for chemical application from State of Florida Department of Agriculture and Consumer Services, Pesticide Certification Office. •List of company’s equipment type and quantity to be used for this contract. See Sections 26. Section 2 – Company Experience/References •Provide a minimum of three (3) separate references of current or previous contracts with a similar scope of work to the requested services of this RFP, within the past five (5) years, with other public or private agencies. Respondent must demonstrate the ability to perform services of similar complexity, nature, and size as those required in this RFP. See Section 27. X Page 277 of 821 More information on our treatment approach to sports turf: Insect control, weed control, and disease control in Bermuda turf should be applied at the appropriate time using the correct insecticide, herbicide and fungicide to target the specific problem you are facing. Mole Crickets: Mole crickets should be treated from April to May and August to September. Systemic insecticides such as Meritt or fipronil are the most effective methods of control, as contact insecticides like bifenthrin do not provide long-term residual protection. Sod Webworm: Sod webworm should be treated from June to September. While bifenthrin offers some control, it does not provide residual protection against new infestations. A superior option for controlling both sod webworm and armyworm is Acelapryn, a systemic insecticide that offers long-term control. Page 278 of 821 Disease Control: Disease control in Bermuda turf can be challenging and requires proper application, timing, and the use of specialty fungicides. Disease control should be applied from March to October, utilizing fungicides such as Heritage, Spectator, and Eagle. These high-quality, specialty fungicides provide the best curative and preventative options for controlling diseases such as dollar spot, brown patch, and pythium root rot. Pre-Emergent Herbicide Application: Applying pre-emergent herbicides at the appropriate time is crucial. The ideal time to apply pre-emergent herbicides is from January to April and September to October. Products like Barricade and Specticle offer the best control in preventing new weeds from germinating. Post-Emergent Herbicide Application: Post-emergent herbicide application should be applied when weeds are actively growing. The ideal time to apply post-emergent herbicides is from March to October. This is the most effective time to control broadleaf, sedge, and grassy weeds that have sprouted from the soil. Herbicides such as Celsius WG, Certainty, Dismiss, Speedzone, and Trimec will control broadleaf and sedge weeds, while products like Drive XLR8 and Fusillade will target grassy weeds. Page 279 of 821 EXHIBIT "C" PRICE PROPOSAL FORM RFP #25-003 PEST CONTROL AND FERTILIZATION SERVICES FOR ATHLETIC FIELDS Map Location No.LOCATION ACREAGE SERVICES ANNUAL COST PER LOCATION PER SCHEDULE IN APPENDIX A 1 Bill Breeze Park 1 Multi-Purpose Field 125 N. Lakeshore Dr.1.4 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ 2 Bob Sorenson Fields 2 Baseball Fields 1755 Adair St.4.1 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ 3 Jim Beech Recreation Complex 2 Soccer Fields 1820 A.D. Mims Rd.5.1 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ 4 Vandergrift Central Park 3 Baseball Fields, 1 Football Field 560 Flewelling Ave.4.5 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ 5 Vignetti Park 2 Baseball/Softball Fields 1910 Adair St. 1.6 Insecticide, Preemergent Herbicide, Fungicide, Herbicide, and Fertilizer $ $ Proposed Insecticide: ____________________________________________________________ Proposed Preemergent: ____________________________________________________________ Proposed Fungicide: ____________________________________________________________ Proposed Herbicide: ____________________________________________________________ Proposed Fertilizer: ____________________________________________________________ Respondent (Company Name): ____________________________________________________________ Prepared By: ____________________________________________________________ TOTAL PROPOSED ANNUAL COST OF ALL LOCATIONS: Protex Lawn & Pest Control, LLC Elder Ripper 6,983.00 10,059.00 10,059.00 13,966.00 22,071.50 63,138.50 Acelapryn, Talstar, Merrit, and Top Choice Barricade, Spectacle Flo Heritage, Eagle, Spectator Broad Leaf /Sedge Control: Trimex, Celsius wg, Dismiss Lesco 24-2-11 Slow Relaease Granular Page 280 of 821 EXHIBIT “E” Addendum 03 -RFP 25-003 Pest Control and Fertilization Services for Athletic Fields EXHIBIT “E” RESPONDENT’S PROPOSED BERMUDA TURFGRASS APPLICATION PROGRAM SCHEDULE Month Insecticide Preemergent Herbicide Fungicide Herbicide Fertilizer January February March April May June July August September October November December Includes: Bill Breeze Park multi- purpose field, Bob Sorenson fields 1 & 2, Jim Beech Recreation Soccer fields 1 & 2, Vandergrift Central Park fields 1,2,3 & football field, Vignetti Park fields 1 & 2 PROPOSED CHEMICAL BRANDS: Insecticide: Preemergent Herbicide: Fungicide: Herbicide: Fertilizer: Fertilizer Application Rate: lb(s) per sq. ft. Respondent (Company Name): Prepared By: As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed As Needed Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Treatment Acelapryn, Talstar, Merrit, and Top Choice Barricade, Spectacle Flo Heritage, Eagle, Spectator Broad Leaf /Sedge Control: Trimex, Celsius wg, Dismiss Protex Lawn & Pest Control, LLC Elder Ripper 1 1,000 Lesco 24-2-11 Slow Release Granular, Lesco T&O Micronutrients Blackout Compliant Page 281 of 821 Page 282 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 37 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 , hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractu al services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: Signature By: (Print or Type Name) Title: Date: Protex Lawn & Pest Control, LLC Elder Ripper Manager 2/18/2025 Page 283 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 38 CONFLICT OF INTEREST DISCLOSURE FORM Award of this contract is subject to the provisions of Chapter 112, Florida Statutes, and all applicable federal, state, and local laws. All Bidders must disclose within their bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder’s firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity’s owner ship or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ____ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this RFP. ____ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this RFP. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date X Protex Lawn & Pest Control, LLC Elder Ripper Manager 2/18/2025 Page 284 of 821 Page 285 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 40 CERTIFICATION OF NONSEGREGATED FACILITIES Bidder certifies that he/she does not maintain or provide for its employees any segregated facilities at any of its establishments, and that employees are not permitted to perform their services at any location, under this control, where segregated facilit ies are maintained. Bidder certifies further that it will not maintain or provide for employees any segregated facilities at any of its establishments, and that Bidder will not permit its employees to perform their services at any location under Bidder’s control where segregated facilities are maintained. Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. Bidder agrees that (except where Bidder has obtained identical certification from proposed subcontractors for specific time periods) Bidder will obtain identical certifications from proposed subcontractors, if any, prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Bidder will retain such certifications in its files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20___. By: (Title) Official Address (including Zip Code): 2/17 25 Manager 5960 West Jones Ave Zellwood Fl 32798 Page 286 of 821 RFP 25-003 Pest Control and Fertilization Services for Athletic Fields 41 CERTIFICATION REGARDING SCRUTINIZED COMPANIES’ LISTS Bidder certifies that the company is not participating in a boycott of Israel. Bidder certifies that Bidder is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that Bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, Bidder shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims unde r Section 287.135 of the Florida Statutes. Bidder agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. City shall have the right to terminate any contract resulting from this solicitation for default if Bidder is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Bidder: ___________________________________ By:__________________________________________________ (Authorized Signature) Printed Name and Title:___________________________________ Date:_________________________________________________ Protex Lawn & Pest Control, LLC Elder Ripper Manager 2/18/2025 Page 287 of 821 Page 288 of 821 Page 289 of 821 Page 290 of 821 From:Norman To:Hopper, Shannon Subject:Re: RFP 25-003 - Request for Protex" Proof of E-Verify Registration Date:Friday, March 14, 2025 1:51:08 PM Attachments:image001.png Protex Everify.pdf On Fri, Mar 14, 2025 at 1:50 PM Norman <protexlpc@gmail.com> wrote: Sorry about that. Here you go. On Fri, Mar 14, 2025 at 12:14 PM Hopper, Shannon <SHopper@ocoee.org> wrote: Good afternoon, Elder: Please email me the proof of E-Verify registration for Protex as it was not attached to the E-Verify Affidavit in the proposal for RFP 25-003. Please email the registration to me by 5:00 p.m. on Tuesday, March 18, 2025. Thank you, Shannon Hopper, CPPB Purchasing Technician II City of Ocoee 1 N. Bluford Avenue Ocoee, FL 34761 (PH: 407-905-3100 x 1524 *E-mail: shopper@ocoee.org Website: https://link.edgepilot.com/s/84053b35/oFkIMshl_064IhbP2JjLUw? u=http://www.ocoee.org/ Page 291 of 821 Florida has a very broad public records law (F.S. 119). As a result, any written communication created or received by City of Ocoee officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Additionally, under Florida Law email addresses are public records. Page 292 of 821 My Company Account My Company Prole Company Information Company Name Protex Lawn & Pest Control, LLC Company ID 2647730 Employer Identification Number (EIN) 922267458 DUNS Number --- NAICS Code 811 Doing Business As (DBA) Name --- Enrollment Date Sept 01, 2024 Unique Entity Identifier (UEI) --- Total Number of Employees 5 to 9 Sector Other Services (Except Public Administration) Subsector An oicial website of the United States government Here’s how you know Menu 3/14/25, 1:44 PM My Company Profile | E-Verify https://everify.uscis.gov/account/company/profile 1/33DJH4RI4 Edit Company Information Employer Category Employer Category None of these categories apply Edit Employer Category Repair and Maintenance Company Addresses Physical Address 5960 W. Jones Ave. Zellwood, FL 32798 Mailing Address PO Box 1704 Sorrento, FL 32776 Hiring Sites Edit Hiring Sites Number of Sites 1 3/14/25, 1:44 PM My Company Profile | E-Verify https://everify.uscis.gov/account/company/profile 2/3Page 294 of 821 U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Accessibility Plug-ins Site Map Edit Company Addresses Memorandum of Understanding View Current MOU Terms of Service View E-Verify+ Terms of Service Company Access My Company is configured to: Verify Its Own Employees My Company has enabled: E-Verify+ E-Verify+ enabled by: Elder Ripper (Sept 01, 2024) 3/14/25, 1:44 PM My Company Profile | E-Verify https://everify.uscis.gov/account/company/profile 3/33DJH4RI4