Invitation to Bid-B-06-01-A Contract for Mowing of Vacant Lots/Fire Mitigation Ordinance Purpose: The City of Palm Coast, Flagler County, Florida is accepting proposals to provide underbrush mowing (Fire Mitigation) of vacant lots within the City of Palm Coast. The successful firm shall provide all staffing, supplies, equipment, vehicles and services necessary to provide the mowing services. Instructions to Bidders: Submittal: Any contractor desiring to provide the required services must submit their bid in a sealed envelope marked: ITB-B 06-01-A Contract for Mowing of Vacant Lots/Fire Mitigation Ordinance on the outside of the envelope. The bids will be received until 2:00 PM on Friday, June 9, 2006. Mail or deliver all bids to Brian Rothwell, Purchasing Manager, City of Palm Coast, 2 Commerce Blvd. Palm Coast, FL 32164. Bids received after the date and time specified will be returned unopened. The City will not be responsible for late deliveries due to mail or other delays. There is also a Mandatory Pre- Proposal Conference that is scheduled June 1, 2006, at 10:00 A.M. will be held at the City of Palm Coast City Hall, 2 Commerce Blvd., Palm Coast, FL 32164. Questions regarding the Bids: Questions related to the bids should be directed to Brian Rothwell, Purchasing Manager, City of Palm Coast, 2 Commerce Blvd., Palm Coast, FL 32164. Inquiries related to the work scope, clarification or correction must be in writing by fax, mail, etc. and received no later than close of business on June 2, 2006, to allow adequate time for response and/or addendum. Please do not contact any other staff member of the City, except the above, with regard to this ITB. All inquiries will be routed to the appropriate staff member for response. 1
Terms and Conditions: 1. The City reserves the right to reject any and all bids, with or without cause, to waive technical errors and waive informalities and make award to / negotiate with the firm whose bid best serves the interest(s) of the City. 2. The City reserves the right to clarification of information and to request additional information from one or more Bidders. 3. Any bid may be withdrawn until the date and time set above for the submission of the bids. Any bid not so withdrawn shall constitute an irrevocable offer for a period of ninety (90) days to provide to the City the services set forth in this ITB, or until one or more of the bids have been awarded. 4. Costs related to the preparation of a response to the ITB are solely those of the Bidder, and the City assumes no responsibility for any such costs incurred by the Bidder. 5. Public Entity Crimes. A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a bid or bid on a contract to provide any goods or services to a public entity, may not submit a bid or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or bids 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 Florida Statutes Section 287.017, for category two for a period of thirty six (36) months from the date of being placed on the convicted Bidder list. The Bidder shall provide a certification of compliance regarding the public crime requirements. 6. Drug Free Workplace. The Bidder shall certify that the firm has a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification shall result in the rejection/disqualification of your bid. 7. All forms in the attached Appendix must be completed, signed and returned with the Bidders bid. 8. Insurance Requirements: A. The selected Bidder shall not commence work under any bid until obtaining all insurance coverage required by the city under this Section, and the City has approved such insurance. B. All insurance shall be issued by companies authorized Bidder to do business under the laws of the State of Florida, and must be acceptable to the City. The Bidder shall furnish and maintain Certificates of Insurance to the City prior to the commencement of any work. The Certificate shall clearly indicate that the Bidder has obtained insurance of the type, amount and classification as required for strict compliance with this paragraph, and that no material change or cancellation of insurance shall be without thirty (30) days prior written notice to 2
the City. Compliance with the foregoing requirement shall not relieve the Bidder of liability and obligations under any contract entered with the City. C. Coverage shall be as follows: 1) Worker s Compensation: The Bidder will provide Worker s Compensation for all employees. The limits will be statutory limits for Worker s Compensation and $1,000,000 for Employer s Liability. 2) Comprehensive General Liability: The Bidder will provide coverage for all operations including, but not limited to, Contractual, Products and complete Operations and Personal Injury. The limits will not be less that $1,000,000 Combined Single Limit (CSL) or its equivalent. 3) Comprehensive Automobile Liability: The Bidder will provide complete coverage for owned and non-owned vehicles for limits not less than $1,000,000 CSL or its equivalent. D. All insurance other than Worker s Compensation to be maintained by the Bidder shall specifically include the City as an additional insured. E. The City shall have the right to terminate its bid without cause with a hundred twenty (120) day written notice to the other party. The City reserves the right to terminate any bid for cause with a five (5) day written notice to the Bidder. Notice shall be served to the parties as specified in the bid. F. Legal Fees: The City shall be entitled to recover any and all legal costs including attorney fees it may incur. G. Escalation Cost: The bid price set forth in this bid has been calculated based on the current prices for the goods and/or services that are the subject of this Bid. However, the market for the goods and/or services that pertain to this Bid may be volatile on the basis of fuel costs and sudden and substantial price increases could occur. The CONTRACTOR agrees to use its best efforts to obtain the lowest possible prices from fuel suppliers, but should there be a substantial and prejudicial increase in fuel prices for fuel that is purchased after execution of this Bid which fuel prices directly and materially relate to the pricing of the goods and/or services provided for in this Bid, the CITY agrees, upon written request from the CONTRACTOR, to consider a reasonable adjustment to the prices set forth in this Bid based upon the following index: Engineering News Record, Construction Cost Index, etc.. Any claim by the CONTRACTOR for a price increase, as provided above, shall state, with specificity, the increased cost, the product in question, and the source of supply, and shall be supported by invoices or bills of sale and such other information as may be required by the CITY. Only one (1) such request from the CONTRACTOR will be considered in each calendar year period. The decision of the CITY shall be final. H. Term of Contract: The initial term of the bid shall be for a period of three (3) years. After the three (3) year initial term, the contract shall automatically renew annually for two additional years. The maximum term for the contract and all renewals is a cumulative term of five (5) years. Should the City wish to not have the contract automatically renewed, the City shall provide written notice ninety (90) days prior to the automatic renewal. 3
9. Scope of Work The scope of services required by the City in connection with this request for proposals covers the entire spectrum of services customarily provided to governmental entities by architectural and engineering firms. The services provided should include, but need not necessarily be limited to the following: In general, the work to be performed will require the mowing or underbrushing of target plant species that by virtue of their arrangement, chemical composition, and growth pattern provide a ready path for uncontrolled fire to spread. Species included in this definition include, but are not necessarily limited to, saw palmetto, gallberry, fetterbush and wax myrtle. Pine trees less than five (5) inches in diameter at breast height (4.5 feet above grade) are also included in this definition. This is not a land clearing ordinance only underbrush that is within thirty (30) feet of a structure and greater than three (3) feet in height species specific are required to be removed. The use of root rakes and bulldozers are not acceptable, nor is the removal of stumps. This type of activity is considered excavation. In most instances, debris will not need to be removed from the job site. Utilization of bush hog type equipment is the most common way to effectively remove the underbrush. In some instances, hand clearing may be necessary. Underbrush mowing or hand removal requires vegetation to be mowed such that remaining vegetation, small tree and palmetto stumps are not higher than 12 above the existing grade. In order to evaluate responses, the following prices should be provided for: Provide an estimate for underbrushing. Underbrush mowing shall mean plant species that by virtue of their arrangement, chemical composition, and growth pattern provide a ready path for uncontrolled fire to spread. Species included in this definition include saw palmetto, gallberry, fetterbush and wax myrtle. Pine trees less than five (5) inches in diameter at breast height (4- ½ feet above grade) are in this estimate on a per acre basis. In addition, any vines in trees that are within 30 of adjacent structure must be cut and removed. Debris Removal: Debris includes any tree trunks or branches not mulched. Additionally, any debris that existed previously in the area that is required to be underbrushed, must be removed. This includes, but is not limited to, dead trees or logs laying on the ground, rubbish, garbage, refuse, trash, including, but not limited to, household furnishings, and all other objectionable, unsightly, or unsanitary matter.. Debris shall be removed from the lot and shall not be relocated to other areas of the lot that are not required to be underbrushed. 4
Invitation to Bid-B-05-01 Contract for Mowing of Vacant Lots/Fire Mitigation Ordinance Bid Reply - BID NUMBER: ITB-B-06-01-A City of Palm Coast Financial Services Department Attn: Brian Rothwell 2 Commerce Blvd. Palm Coast, FL 32164 The City of Palm Coast reserves the right to reject any and all bids, to waive informalities, and to accept any proposal as the City, in its sole discretion, determines to be in the best of the City. I hereby certify that I have read and understand the requirements of this Invitation to Bid No. ITB-B-06-01- A and that I as the bidder, will comply with all requirements, and that I am duly authorized to execute this bid/offer document and any contract(s) and other transactions required by award of this Bid. Company: Address: Telephone: ( ) Fax: ( ) Email: Name: (Typed or Printed in Ink) Signature: Title: 5
Bid Submittal UNDERBRUSHING Provide an estimate for underbrushing. Underbrush mowing shall mean plant species that by virtue of their arrangement, chemical composition, and growth pattern provide a ready path for uncontrolled fire to spread. Species included in this definition include saw palmetto, gallberry, fetterbush and wax myrtle. Pine trees less than five (5) inches in diameter at breast height (4- ½ feet above grade) are in this estimate on a per acre basis. In addition, any vines in trees that are within 30 of adjacent structure must be cut and removed. Per Side/each lot $ DEBRIS REMOVAL Debris Removal: Debris includes any tree trunks or branches not mulched. Additionally, any debris that existed previously in the area that is required to be underbrushed, must be removed. This includes, but is not limited to, dead trees or logs laying on the ground, rubbish, garbage, refuse, trash, including, but not limited to, household furnishings, and all other objectionable, unsightly, or unsanitary matter.. Debris shall be removed from the lot and shall not be relocated to other areas of the lot that are not required to be underbrushed. 1. Removing underbrush debris from site to approved land fill site $ ADDITIONAL INFORMATION REQUESTED Please list the number of employees that your company will use for this bid Please list the type of equipment which will be used. A. B. C. D. E. F. G. H. 6
Addendum Acknowledgment: The proposer acknowledges that the following addenda have been received and are included in this proposal: Addenda Number Date 7
APPENDIX FORMS Public Entities Crime Certification Form Conflict of Interest Statement Disputes Disclosure Form Drug Free Workplace Form Statement of Insurance Compliance Form 8
SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to (print name of public entity) by (print individual s name and title) for (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:.) 2. I understand that a public entity crime as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that convicted or conviction as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an affiliate as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm s length bid, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a person as defined in Paragraph 287.133(1)(e) Florida Statutes means any natural person or entity under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term person includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 9
6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been Charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy Of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATERGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM (Signature) Sworn to and subscribed before me this day of, 20. Personally known Or Produced identification Notary Public State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) 10
CONFLICT OF INTEREST STATEMENT STATE OF FLORIDA ) COUNTY OF ) ) ss Before me, the undersigned authority, personally appeared, who was duly sworn, deposes and states: I am the of with a local office in, and principal office in. The above named entity is submitting an Expression of Interest for the City of Palm Coast project described as: ITB-B-06-01- A Mowing Service Fire Mitigation 1. Diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 2. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting Statement of Qualifications for the same project. 3. Neither the Affiant nor the above named entity has directly or indirectly entered into any bid, 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 an bid for this project. 4. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, State or Federal agency. 5. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interest for this project. 6. I certify that no member of the entity s ownership, management, or staff has a vested interest in any aspect of or Department of the City of Palm Coast. 7. I certify that no member of the entity s ownership or management is presently applying for an employee position or actively seeking an elected position with City of Palm Coast. 8. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Palm Coast in writing. DATED this day of, 2006. Affiant Typed Name of Affiant 11
Title Sworn to and subscribed before me this, day of, 2006. Personally known OR Produced Identification Notary Public State of (Type of identification) My commission expires (Printed, typed or stamped commissioned name Notary Public) This Form Must Be Completed and Returned with your Submittal. 12
DISPUTES DISCLOSURE FORM Answer the following questions by placing an X after YES or NO. If you answer YES, please explain in the space provided or via attachment. Has your firm or any of its officers received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? YES NO Has your firm or any member of your firm been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business or any project in which your firm was involved. YES NO If yes, state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this project The above named entity is submitting an Expression of Interest for the City of Palm Coast project described as: ITB-B-06-01-A Mowing Service Fire Mitigation Firm Date Authorized Signature Officer Title Printed of Typed Name This Form Must Be Completed and Returned with your Submittal. 13
DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Does: (Name of Business) 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 drugfree workplace, any 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 contractual services that are proposed 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 plea 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 if 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. Proposers Signature Date This Form Must Be Completed and Returned with your Submittal. 14
STATEMENT OF INSURANCE COMPLIANCE The undersigned firm agrees to obtain prior to award, if selected, Professional Liability Insurance, Worker s Compensation and General Liability in accordance to the requirements as set forth in the Request for Professional Services or draft bid, attached hereto. Policies other than Worker s Compensation shall be issued only by companies authorized by maintaining certificates of authority issued to the companies by the Department of Insurance of the State of Florida to conduct business in the State of Florida and which maintain a Rating of A or better and a Financial Size Category of VII or better according to the A.M. Best Company. Policies for Worker s Compensation may be issued by companies authorized as a group self-insurer by Section 440.57, Florida Statutes. Consultant Authorized Signature Officer Title Date This Form Must Be Completed and Returned with your Submittal. 15