13-004-Lot Clearing / Bush Hog Mowing-CE - City of Sebring, Florida

CITY OF SEBRINGRFQ #: 13-004Title: LOT CLEARING / BUSH HOG MOWING forCODE ENFORCEMENTYou MUST register using this form in order to receive notice of anyaddenda to these documents. Please email or fax the completed form to thePurchasing Office as soon as possible. It is the vendor’s responsibility toverify if addenda have been issued. All addenda will be posted on the web:www.mysebring.com under purchasing, active bids.This form is for registration only.Bid Opening:August 2, 2012 at 10:00 amCompany Name:BIDDER REGISTRATIONPlease email to purchasing@mysebring.com ;Or Fax to 863-471-5168Contact Person:Mailing Address:Phone:City:Fax:State:Email:Zip Code:Addenda, if any, will be emailed to the addresslisted above. If no email they will be faxed.ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 2

1.0 - GENERAL TERMS AND CONDITIONS (Rev 02/2009)1.1 All responses shall become the property of the City of Sebring. The City, atits discretion, reserves the right to waive minor informalities orirregularities in any responses, to reject any and all responses, in whole orin part, with or without cause, and to accept that response, if any, which inits judgment will be in its best interest.1.2 COMPLIANCE WITH APPLICABLE LAWS:The submitting firm will be required to comply with all applicable laws,regulations, rules and ordinances of local, state and federal authoritieshaving jurisdiction, including, but not limited to: all provisions of theFederal Government Equal Employment Opportunity clauses issued bythe Secretary of Labor on May 21, 1968 and published in the FederalRegister (41 CFR Part 60-1, 33 F.2 7804); all provisions of the PublicEntity Crimes (Fla. Stat. §287.133, et seq, as amended) and the provisionsin Fla. Stat. §287.134, et seq, as amended, regarding discrimination.City of Sebring in accordance with the provisions of Title VI of the CivilRights Act of 1964 (78 Statute 252) (49 CFR, Part 23), hereby notifies allsubmitting firms that it will require that affirmative efforts be made toensure participation by minorities in any contract for consultant servicesentered into pursuant to this advertisement. Minority businessenterprises will be afforded full opportunity to submit proposals inresponse to this invitation and will not be discriminated against on thegrounds of race, color, sex or national origin in consideration forselection.Contractor acknowledges that City is a drug-free workplace. Contractorcovenants that all employees of the Contractor working on City propertyshall be subject to the implementation of all possible provisions tomaintain a drug-free environment and that Contractor will adhere to theprovisions of Florida Statute 287.087.Successful bidder shall comply with all laws, ordinances, rules, orders, andregulations relating to the performance of the Services and the protectionof persons and property.1.3 ASSIGNMENT: Awarded Contractor shall not assign this Contract, inwhole or in part, or any monies due hereunder, without the writtenconsent of the City.ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 3

1.4 CONTACT INFORMATION: Any questions concerning this bid shall beaddressed in writing. Please submit all questions regarding this documentto the individual(s) indicated below.Project Manager / Bid Specifications:Steve Carrstevecarr@mysebring.com307 N Ridgewood Dr Ph: 863-381-1148Sebring, FL 33870 Fx: 863-471-5169Bid documents:Kirk Zimmerman, CPPB kirkzimmerman@mysebring.com368 S Commerce Avenue Ph: 863-471-5110Sebring, FL 33870 Fx: 863-471-5168Any interpretation, clarification, correction or change to this documentwill be made by written addendum issued by the City PurchasingDepartment. Any oral or other type of communication concerning thisdocument shall not be binding.1.5 COPYRIGHTS:1. If awarded a contract, the contractor agrees that the work requestedherein is “work for hire” and shall irrevocably transfer, assign, setover, and convey to the [agency] all right, title, and interest,including sole exclusive and complete copyright interest, in any andall copyrightable works created pursuant to the contract. Thecontractor further agrees to execute such documents as the [agency]may request to effect such transfer or assignment.2. Further, the Contractor agrees that the rights granted to the[agency] by this section are irrevocable. Notwithstanding anythingelse in this invitation, the contractor’s remedy in the event oftermination of or dispute over any agreement entered into as aresult of this invitation shall not include any right to rescind,terminate or otherwise revoke or invalidate in any way the rightsconferred in this section. Similarly, no termination of anyagreement entered into as a result of this invitation shall have theeffect of rescinding, terminating, or otherwise invalidating therights acquired pursuant to the provisions of this “Copyright”section.3. The use of subcontractors or third parties in developing or creatinginput into any copyrightable materials produced as part of anyagreement entered into as a result of this invitation is prohibitedunless the [agency] approves the use of subcontractors or thirdparties in writing in advance and such subcontractors or thirdparties agree to include the provision of this section as part of anyITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 4

contract they enter into with the contractor for work related to thiscontract.4. If anything included in a deliverable limits the rights of the [agency] touse the information for its own internal use, the deliverable shall beconsidered defective and not acceptable.1.6 DAMAGE TO PROPERTY: Contractor agrees that all City or thirdparty owned property that is damaged by the Contractor’s personnel orequipment shall be repaired or replaced promptly, at Contractor’sexpense.1.7 DEFAULT: In any action brought by either party for the enforcement ofobligations of the other party, including appeals, the prevailing party shallbe entitled to recover reasonable attorney fees, court and other costs,whether incurred before or at trial, on appeal, in bankruptcy, or in postjudgment collections.1.8 DUE CARE AND DILIGENCE has been exercised in the preparation ofthis document and all information contained herein is believed to besubstantially correct; however, the responsibility for determining the fullextent of the service required rest solely with those making response.Neither the City nor its representative shall be responsible for any error oromission in the responses submitted, nor for the failure on the part of therespondents to determine the full extent of the exposures.1.9 EARLY TERMINATION: City of Sebring reserves the right to cancel theentire contract should the Contractor violate any provisions of thiscontract, or if the Services being provided by the Contractor do not meetthe expectations of the City on a consistent and continuing basis, City maycancel the contract upon (30) days written notice thereof from City toContractor.1.10 INSURANCE REQUIREMENTS: Unless otherwise stated in thespecifications, the following Insurance Requirements must be met beforedelivery of goods and services:a. Comprehensive General Liability (CGL) insurance shall bemaintained by the vendor with a limit of not less than $300,000each occurrence. If such CGL contains a general aggregate limit, itshall apply separately to this project in the amount of $600,000 .b. Automobile Liability shall be maintained with a limit of not lessthan THREE HUNDRED THOUSAND DOLLARS ($300,000) eachaccident for Bodily Injury and Property Damage. Such insuranceshall cover liability arising out of any auto (including owned, hired,ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 5

and non-owned autos). The policy shall be endorsed to providecontractual liability coverage.c. Worker’s Compensation coverage is to apply for all employeesfor statutory limits in compliance with the applicable state andfederal laws. The policy must include Employers’ Liability with alimit of $500,000 each accident, $500,000 each employee,$500,000 policy limit for disease.d. Evidence of Insurance The vendor shall furnish the City ofSebring with certificates of insurance. The certificates are to besigned by a person authorized by the insurer to bind coverage on itsbehalf. The City of Sebring is to be specifically included asadditional insured on all policies except workers’ compensation. Ifthe vendor is exempt from workers’ compensation requirementsthey are to submit a DWC-252 Certificate of Exemption Form. Inthe event the insurance coverage expires prior to the completion ofthis contract, a renewal certificate shall be issued 30-days prior tosaid expiration date. The policy shall provide a 30-day notificationclause in the event of cancellation or modification to the policy. Allcertificates of insurance must be on file with and approved by theCity of Sebring before the commencement of work activities.1.11 LICENSING: Bidders shall be fully licensed in the state of Florida andthe City of Sebring and shall comply with all applicable laws, regulations,rules, and ordinances of local, state, and federal authorities havingjurisdiction. Failure or inability on the part of the respondent to havecomplete knowledge and intent to comply with such laws, rules andregulations shall not relieve any respondent from its obligation to honorits response and to perform completely in accordance with its response.Proof of all relevant licenses is required as part of your bid submittal .1.12 LOCAL PREFERENCE:1) Preference in Competitive Bidding, Quotes, and Request for Proposals:In purchasing or contracting for procurement services of, tangiblepersonal property, materials, contractual services, construction, andcommodities the Sebring City Council shall give preference to localbusinesses in making such purchases or awarding such contracts.Purchase Price shall include the base bid and all alternates or optionsto the base bid that are being awarded. Preference shall be based onthe following scale:Highlands County City of Sebring$0 - $249,999.99 = 5% 7%$250,000 - $999,999.99 = 4% 4%$1,000,000-1,999,999.99 = 3% 3%ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 6

$2,000,000 and over = 2% 2%Verification shall be made through Property Appraiser’s records.2) Local Business Definition: “Local business” shall mean a business inwhich:a) Has a fixed office or distribution point located in and havinga street address with the City of Sebring first, then HighlandsCounty, Florida second for a least six (6) months immediately priorto the issuance of the competitive bid, request for quotation, orrequest for proposal by the City of Sebring; andb) Holds a business license required by the City of Sebring; and3) Exceptions to Local Preference:a) The procurement preference set forth in this policy shall notapply to the following purchases or contracts:1) Goods or services provided under a cooperativepurchasing, interlocal agreement, or “piggybacked” contract.2) Contracts for professional services which is subject to the(CCNA) Consultant’s Competitive Negotiation Act or subjectto any competitive consultants selection policy or procedureadopted by or utilized by Sebring City Council.3) Purchases which are funded, in whole or in part, by agovernment entity and the laws, regulations, or policiesgoverning such funding prohibit application of thatpreference;4) Purchases made or contracts let under emergency ornoncompetitive situations or for litigation related services.b) The local preference established in this policy does notprohibit the Sebring City Council from giving any other preferencepermitted by law, in addition to local preference authorized in thispolicy1.13 MULTIPLE RESPONSES: If submitting a response for more than onebid, each bid must be in a separate envelope and correctly marked.1.14 PAYMENTS: All payments must be approved by Sebring City Council,which meets the first and third Tuesday of each month. To be consideredfor payment at any meeting, the invoice must be signed by the departmentITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 7

head of each location and received by Accounts Payable 368 SouthCommerce Avenue, Sebring, Florida 33870 one week prior to a CityCouncil meeting. Separate invoices must be rendered for each purchaseorder. No purchase of materials, supplies, equipment, and/or services willbe recognized unless made through a purchase order by the purchasingdepartment..1.15 PREPARATION COSTS: The City will not reimburse respondent(s) forany costs associated with the preparation and submittal of any responses.1.16 PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Eachand every provision of law and clause required by law to be inserted hereinand the contract shall be read and enforced as though it were included,and if, through mistake or otherwise, any such provision is not inserted, oris not correctly inserted, then upon application of either party, the contractshall forthwith be physically amended to make such insertion orcorrection.1.17 PURCHASING AGREEMENT WITH OTHER PUBLICAGENCIES: All Bidders/Proposers submitting a Bid/Proposal agreethat, if awarded, such Bid/Proposal also constitutes an offer to all publicentities within the State of Florida under the same Terms & Conditions, forthe same price, and for the same effective period, should theBidder/Proposer feel it is in their best interest to do so. Bidder/Proposershall to note any exception to this requirement.”1.18 RESPONSES: are due and must be received in accordance with theinstructions given in the announcement page. Bids received later than thetime designated will not be accepted, and returned to the bidder unopenedif return address is shown on the container.1.19 PURCHASE ORDERS are required by the City of Sebring. No purchaseof materials, supplies, equipment, and/or services will be recognizedunless made through a purchase order. It is the responsibility of thedepartment to submit a request for a purchase order which is thenprocessed by the purchasing office and emailed to the vendor, or in theevent the vendor does not have email, it is then faxed to the vendor as wellas the department initiating the request.1.20 RESPONSES must be signed by an individual of the respondent’sorganization legally authorized to commit the respondent’s organization tothe performance of the product(s) and/or service(s) contemplated by thisdocument.1.21 STATEMENT OF INDEMNIFICATION – The Contractor herebyacknowledges and confirms that the contract prices includes theconsideration for this Indemnification / Hold Harmless. The ContractorITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 8

shall, in addition to any other obligation to indemnify the CITY and to thefullest extent permitted by law, protect, defend, indemnify and holdharmless the CITY, its elected officials, employees, agents, and volunteersfrom and against all claims, actions, liabilities, losses, (including economiclosses), costs, including attorney fees and all costs of litigation, andjudgments of every name and description arising out of or incidental to theperformance of this contract, unless caused by the sole negligence of theCITY, its elected officials, employees, agents, or volunteers. Any cost orexpenses, including attorney fees (including appellate, bankruptcy, orpatent council fees ), incurred by the CITY to enforce this agreement shallbe borne by the contractor. This indemnification shall also cover allclaims brought against the CITY, its elected officials, employees, agents,or volunteers by any employee of the contractor, any subcontractor, oranyone directly or indirectly employed by any of them. The contractor’sobligation under this article shall be limited to $10,000,000 and shall notbe limited in any way to the agreed upon contract price as shown in thiscontract or the contractor’s limit of all services, obligations, and dutiesprovided for in this contract, or in the event of termination of this contractfor any reason, the terms and conditions of this article shall surviveindefinitely.1.22 TERM: This list shall remain current for a one year, beginning October 1,2012 and ending Sept 30, 2013, at which time another RFQ will beadvertised.1.23 TIME: Time is of the essence of this agreement.1.24 ACCEPTANCE AND WARRENTY: Neither the final certificate ofpayment nor any provision in this document, or partial or complete use ofthe project by the City shall constitute an acceptance of work not done inaccordance with the contract documents or relieve Contractor of liabilityin respect to any express or implied warranties or responsibilities forfaulty material or workmanship. Contractor shall remedy any defects andpay for any damages resulting therefrom which appear within a period ofone (1) year after final acceptance of the work.1.25 ADDITIONAL WORK: Contractor may recommend work needed inaddition to regular maintenance but City purchasing policies will befollowed for such additional work.1.26 INDEPENDENT CONTRACTOR: The parties expressly recognize thatthe relationship between the City and Contractor is that of independentcontractors, and that neither contractor, nor any of its servants, agents, oremployees shall ever be considered as an agent, servant, or employee ofthe City.ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 9

1.28 PERFORMANCE & WORKMANSHIP: Contractor shall, in goodworkman like manner, perform all services pursuant to the specifications.Should the contractor fail to provide prudent and competent professionalservice and if that failure causes gross damage, distress, and/orunnecessary cost to the City, this contract may be terminated immediately.1.28 RESTRICTIONS: Time or quanity restrictions are not permissible. Bidsoffered which include such restrictions will be rejected. AnyVARIATIONS from this specification shall be indicated on the bid andexplain in detail on a separate attachment to the bid.1.30 RIGHT TO TERMINATE: Should Contractor violate any provision ofthis document, City may notify Contractor, in writing, stating the City’sintention to terminate the contract and stating the reasons thereof. UnlessContractor remedies such default or has made satisfactory arrangementswith the City for such remedy with in five (5) business days after service ofsaid notice upon Contractor , this Contractor May be terminated by theCity.1.31 SUBCONTRACTOR: The Contractor has the authority to monitor allsubcontractors to make sure all conditions of this document are beingexecuted. Furthermore, the City has the right to refuse subcontractorswork on the project.1.32 CITY EMPLOYEE’S AND FAMILY MEMBERS are eligible to submita bid for this contract, but in doing so they must file Form 3A “Interest inCompetitive Bid for Public Business” with the Supervisor of Elections andsubmit a copy of the said form with their submittal. Under Florida Statute112.313 this includes “…public officers and employees, their spouses, andtheir children…”BIDDERS ARE URGED TO PROMPTLY REVIEW THEREQUIREMENTS OF ALL SPECIFICATIONS AND SUBMITQUESTIONS FOR RESOLUTIONS AS EARLY AS POSSIBLEDURING THE BID PERIOD. QUESTIONS OR CONCERNS MUSTBE SUBMITTED IN WRITING TO THE PURCHASING AGENTDURING THE BID PERIOD AND SHALL BECOME PART OFTHE BID PACKAGE. OTHERWISE, THIS WILL BECONSTRUED AS ACCEPTANCE BY THE BIDDERS THAT THEINTENT OF THE SPECIFICATIONS IS CLEAR AND THATCOMPETITIVE BIDS MAY BE OBTAINED AS SPECIFIEDHEREIN. PROTESTS WITH REGARD TO SPECIFICATIONDOCUMENTS SHALL NOT BE CONSIDERED AFTER BIDS AREOPENED.ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 10

disposal of all litter, debris or trash removed at contractor’s expense and willprovide landfill receipts.Comply the all local, state, and federal regulations in regard tomaintaining equipment in a safe manner to protect the safety and welfareof our citizensA statement that the firm has or will obtain the following insurancecoverage as indicated in the General Terms and Conditions: Comprehensive general liability Professional liability Comprehensive general liability4.0-SPECIAL CONDITIONS4.1. CancellationThis contract will be subject to immediate cancellation if either product orservice does not comply with specifications as stated herein or fails to meetthe City’s performance standards.4.2. QuantityThe locations for required work are included on the official bid form. Thequantities, if shown are strictly estimates. It is the biddersresponsibility to verify what quantities are required to fulfill thisbid.4.3. Protection of PropertyThe successful bidder shall at all times guard against damage or loss to theproperty of the city, other vendors and/or contractors and shall be heldresponsible for replacing or repairing any such loss or damage. The city maywithhold payment or make such deductions as deemed necessary to insurereimbursement or replacement for loss or damage to property throughnegligence/accident of the successful bidder or his agents.4.4. AttireContractor shall provide and ensure the wearing of protective clothing, masks,eye protection, etc., as required by laws, regulations, ordinances, and/ormanufacturer’s instructions for material and equipment. While performingthe work required by this contract and even though your business is anindependent contractor, the public will perceive you as an employee of theCity. So all employees’ shall act accordingly because ultimately the citizensare your employer. Failure to comply with this could result in immediatecancellation of your contract.ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 12

4.5. EquipmentIt shall be the vendor’s responsibility to ensure that all equipment used shallbe properly maintained in order to protect the operator and public/privateproperty including but not limited to warning flashing lights, strobe lights orwarning flares. Any equipment inoperable, unsafe, or improper for desireduse shall be removed from the premises. The City’s representative(s) willhave the right to reject the use of any specific piece of supplied equipment onsite. It must be immediately removed and another unit used to perform thetasks. All mowers are to be adjustable and adjusted to the proper cuttingheight and level for the kind of grass and current condition of the turf. Allmower blades are to be sharp enough to cut rather than tear the grass.4.6. EmployeesPersons employed by the Contractor in the performance of services pursuantto this bid shall not be considered employees of the City, and shall beindependent there of and shall have no claim against the City as to pension,worker’s compensation, unemployment compensation, insurance salary,wages or any other employee rights orprivileges granted by operation of law or by the City of Sebring. Withsubmission of this bid proposal, vendor understands that the City of Sebringis not responsible for the Federal, State or locally mandated tax withholdingor any other cost associated with wages or other benefits of the vendor’semployees and/or any of its subcontractors.4.7. Safety: Contractor shall be responsible for the supervision and directionof the work performed by his employees at all times. All work andequipments shall comply with OSHA standards. Violation of safety practicescould result in immediate termination of contract.4.8. Traffic Maintenance – During mowing operations traffic shall bemaintained in accordance all State and local rules and regulations.4.9. Completion of Work – The Contractor will notify the appropriatesuperintendent within 24 hours of completion of each cycle for inspection andsubmit invoice/site completion form to superintendent for payment. Thesuperintendent will review the work to insure that the work was properlycompleted. No payment will be approved until after the superintendentapproves the work.4.10. Adjacent Property Owners – While it is recognized that some of theactual right-of-way areas may be mowed by the adjacent property owners,the area is the responsibility of the contractor and may require mowing,and/or other cleanup.4.11. Award of Bid – The Sebring City Council reserves the right to accept orreject any or all bids or any parts thereof. If an award is made it will bemade to the most responsible bidder solely at the discretion of the CityITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 13

Council which bid is in the best interest of the City. The City Councilreserves the right to waive irregularities in the bid. Bids must be submittedon the official bid form, which is attached to this invitation to bid.4.12 Additional Property - Any property acquired by the City of Sebringduring the course of this contract shall be serviced in the same manner.4.13 Interest in Competitive Bid for Public Businesses – Anyone iseligible to submit a proposal. If an employee, spouse, and child of anemployee wishes to submit a packet then form 3A Interest in CompetitiveBid for Public Businesses must be filed with the Supervisor of Elections,and said copy must be submitted with your proposal.4.14 Additional Vendors - The list of eligible vendors will be reviewed bystaff on a quarterly basis. In the event that eligible bidders drop out andonly 2 or less remain, the City shall solicit for additional vendors andretains the right to add them to the eligible vendor list for the duration ofthe fiscal year.5.0 – AWARD BASISThe project manager will review all submittals and vendors that will beaccepted shall be bidding on all jobs for the twelve month periodbeginning October 1, 2012 and ending September 30, 2013. Vendors willbe asked to quote on individual jobs. A new list of jobs will be posted on amonthly basis. The low bidder for each lot will be awarded work.ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 14

OFFICIAL BID FORMRFQ #13-004: Lot Clearing / Bush Hog MowingFor Code EnforcementPROPOSED TO:SEBRING CITY COUNCILSEBRING, FLORIDAThe undersigned declare that they have examined the completespecifications and agree to supply all equipment, labor, and supplies to completethe work required in accordance with the complete specifications. Theundersigned further agrees to accept, as payment in full the price as stated in thefollowing schedule and all work specified must be in the total amount listedbelow.All proposals should include at least the following information…1. A transmittal letter (not exceeding two pages) which clearlydemonstrates the understanding of the project.2. Information demonstrating previous experience.3. A list of references4. Equipment list5. A statement that the firm has or will obtain the insurance coverageslisted herein.6. If you are an employee, spouse, or child of a City employee then form3A Interest in Competitive Bid for Public BusinessesDoes your company contract for goods or services from Cuba or Syria? Yes NoBidder has examined and carefully studied the bid documents including the following addenda which, ifany can be found at mysebring.com…ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 15

SUBMITTED BY:COMPANY:Address:City:DATE SUBMITTED:Telephone:Fax:State: Zip: E-mail:Contact Person:Phone / Fax: (if other than above)Signature: Title: Date:This “Official Bid Form” MUST BE USED AND COMPLETED in submitting bid.The council reserves the right to accept or reject any or all bids or any parts thereof of that may be considered to be inthe best interest of the City of Sebring.ITB #13-004: Lot Clearing / Bush Hog Mowing for Code Enforcement 16