Project May Not Begin Until Oct 2014 to Coincide with Fiscal Yr Calendar

City of Fort Meade 8 West Broadway Ft Meade Fl 33841 Phone: 863-285-1100 Fax: 863-285-1124

May 1, 2014 Bid: 14-004

Invitation to Bid:

*****Project may not begin until Oct 2014 to coincide with Fiscal Yr Calendar*****

Please adjust pricing based on this information.

Locations to service : Evergreen Cemetery

Scope of required work  Mow entire cemetery ( approx 17.5 acres)  Weed Eat or Spray around trees, headstones, etc.

Proposed Schedule of Maintenance:

May- October  Every Two Weeks

Nov-April  Mow on as needed/as called basis

Please provide pricing for as needed mowing and weed eating for the months of Nov- April.

The above stated maintenance is suggested and may need to be adjusted based upon acceptance of bid and further discussion with Provider.

Mandatory Pre-bid and site inspections meeting will be at the City Operations Building at 521 NW 4th, Ft Meade FL 33841 on May 15, 2014 7:30 am . This will be the only opportunity to do an on-site inspection and have questions answered.

Provider will submit a written report to notify City of Fort Meade of any issues that may require additional attention. Under no circumstances is the Provider to do any additional work without prior approval of City of Fort Meade and without obtaining a Purchase Order. Failure to obtain prior written approval will result in nonpayment. Unless prior arrangements are made all scheduled work will be completed and the invoice sent to Parks Department for review and payment issuance. Acceptable bids must include but are not limited to; A) Pricing will be held firm for the term of the 1 (one) year contract, with a negotiated renewal option for 1 (one) year(s). B) All bids shall be considered valid for sixty (90) days from bid opening date.

1 C) All items in the bid package must be quoted; partial bids will be eliminated from consideration by CITY OF FORT MEADE. The bid package is not all-inclusive and CITY OF FORT MEADE reserves the right to split the order among separate Providers at its sole discretion. D) Unless otherwise requested by CITY OF FORT MEADE, all bids will include mileage and travel time to CITY OF FORT MEADE’s location(s). Bids must be all inclusive for any services rendered. E) Unless other payment terms are offered and agreed to by CITY OF FORT MEADE, payment terms will be Net 30 days after receipt of the goods/services or payment invoice, whichever is the latter. CITY OF FORT MEADE does not pay services charges on late payments. F) Unless otherwise stipulated in the bid, all manufactured items, materials, chemicals and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act, Environmental Protection Agency, State, County and Local Agencies and any standards there under. G) City of Fort Meade is sales tax exempt.

All bids are to include five (5) Sealed copies and be sent to: City of Fort Meade Attn: Public Works Director 521 NW Broadway Ft Meade FL 33841. Bids must be received no later than May 22, 2014 2:00 pm.

Partial Terms and Conditions of Bid and Acceptance

1) Bids received by telephone, facsimile, e-mail, unsealed or after the bid closing time are not acceptable and will not be considered by CITY OF FORT MEADE. No bid may be withdrawn or modified after the bid closing time. CITY OF FORT MEADE reserves the right to cancel, reject any and/or all bids, or to waive any irregularities and accept that bid which is in the best interest of CITY OF FORT MEADE. 2) Bids are to be in a sealed envelope with the bid and group numbers and Providers identification marked on the envelope. Bids must contain the manual signature of a representative of the Provider that is authorized to enter into contracts. The Bidder/Provider, by affixing their signature to their proposal, agrees to the following: “Bidder/Provider certifies that their bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s) and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action”. 3) The evaluation of bids and the determination as to equality of material(s)/service(s) offered shall be the responsibility of CITY OF FORT MEADE and will be based on information furnished by Provider. 4) Award of this contract shall impose no obligation on CITY OF FORT MEADE to utilize the Bidder/Provider for all work of this type, which may develop during the contract period. This is not an exclusive contract. CITY OF FORT MEADE specifically reserves the right to concurrently contract with other companies for similar materials or services if it deems such action to be in the best interest of CITY OF FORT MEADE. In the case of multiple-term contracts, this provision shall apply separately to each term. 5) CITY OF FORT MEADE reserves the right to cancel the contract by giving the Provider(s) thirty (30) day written notice. Should the Provider(s), fail to meet contractual or performance obligations, CITY OF FORT MEADE may cancel the contract at any time without thirty (30) day notice at no cost to CITY OF FORT MEADE. 6) The Provider, without exception shall indemnify and save harmless CITY OF FORT MEADE, its employees, Officers and Board members from liability of any nature or kind, including but not limited to cost and expense for or on account of any copyright, patented or unpatented inventions, process or article manufactured or used in the

2 performance of the contract, including its use by CITY OF FORT MEADE. All taxes of any kind or character, royalties and costs arising from patents, trademarks and copyrights in any way involved in the goods/services provided to CITY OF FORT MEADE, will be the responsibility of the Provider and shall be deemed to have been included in the bid/contract. 7) Provider(s), its agents, subcontractors and freight carriers utilized by Provider(s) are required to provide and maintain current copies of their General Liability, Vehicle Liability and Workers Compensation insurances on file with the CITY OF FORT MEADE Purchasing Agent. (See attached terms and conditions for details.) Failure to comply could be interpreted as a breach of contract by the Provider(s). Provider agrees that any damage to tombstones, coping, or gravesites, etc., will be the responsibility of the contractor and/or its representatives. The CITY OF FORT MEADE will not be responsible for any damages caused by contractor or their employees. Upon notice to the CITY OF FORT MEADE that damage has occurred, contractor shall have 48 hours to complete any necessary repairs and or make arrangements to replace if needed. Proof of such action shall be provided to the city in written format detailing contractor actions. 8) Companies issuing the insurance policy or policies shall have no recourse against CITY OF FORT MEADE for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of the Bidder/Provider. 9) Provider(s) shall supply CITY OF FORT MEADE with a list of names for all employees, agents, subcontractors and hired carriers that will be entering CITY OF FORT MEADE properties in performance of the contract. This list will be updated at least quarterly or as changes in personnel require. Failure to keep the list updated could be interpreted as a breach of contract by the Provider(s). 10) In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of CITY OF FORT MEADE shall be final and binding on both parties. 11) CITY OF FORT MEADE is not responsible for any related or unrelated costs incurred by Bidder(s)/Provider(s) in the preparation and submittal of the bid proposal(s) and a resulting contract(s). 12) This bid offer and subsequent contract to the Bidder(s)/Provider(s) are subject to CITY OF FORT MEADE’s Standard Terms and Conditions for bids and purchase orders, which upon acceptance of either by Bidder(s)/Provider(s) in accordance with the provisions of paragraph one of said terms and conditions together shall constitute the offer and contract between CITY OF FORT MEADE and Bidder(s)/Provider(s). Bidder(s)/Provider(s) acknowledges having read and understood said Terms and Conditions, which shall apply to and be incorporated in the bid and Purchase Order. (See attached)

Questions or concerns should be directed via email to [email protected] .

City of Fort Meade Jackie Cannon, Public Works Director 521 NW 4th St Broadway Ft Meade FL 33841

3 CONTRACTOR PROVIDED INSURANCE REQUIREMENTS

I. The Contractor shall, at its own expense, procure and maintain, with insurers acceptable to the City (Owner), the types and amounts of insurance conforming to the minimum requirements set forth herein. The Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to the Owner has been provided to and approved by the Owner. As evidence of compliance with the insurance required herein, Contractor shall furnish Owner with (a) a fully completed satisfactory Certificate of Insurance For contracts not exceeding $500,000.00 dollars the following insurance requirements shall be met:

A. (ACORD Form 25 or equivalent) evidencing all coverage required herein, and a copy of the actual additional insured endorsement as issued on the Commercial General Liability policy, signed by an authorized representative of the insurer(s) verifying inclusion of Owner's officials, officers and employees as Additional Insured’s in the Commercial General Liability coverage; (b) the original of the policy (ices); or (c) other evidence satisfactory to Owner. Such evidence shall include thirty (30) days written notice of cancellation to the Owner for all coverage. With respect to Property Insurance, an appropriate Evidence of Property Insurance form (ACORD Form 28 or equivalent), or a copy of the policy itself shall be satisfactory evidence of insurance. Until such insurance is no longer required by this Contract, the Contractor shall provide the Owner with renewal or replacement evidence of insurance at least thirty (30) days prior to the expiration or termination of such insurance.

A.1. Workers' Compensation Insurance Such insurance shall be no more restrictive than that provided by the Standard Workers' Compensation Policy, as filed for use in Florida by the National Council of Compensation Insurance, without restrictive endorsements. In addition to coverage for the Florida Workers' Act, where appropriate, coverage is to be included for the Federal Employer's Liability Act and any other applicable Federal or State law. The minimum amount of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be:

Part One: "Statutory" Part Two: $500,000-Each Accident $500,000-Disease- Policy Limit

4 $500,000-Disease- Each Employee

The policy must be endorsed to waive the insurer's right to subrogation against Owner and its officials, officers and employees in the manner which would result from the attachment of National Council on Compensation Insurance's (NCCI) Waiver of Our Right to Recover From Others' Endorsement (Advisory Form WC 00 03 13) with Owner and its officials, officers and employees scheduled thereon.

A.2. Liability Insurance

Such insurance shall be no more restrictive than that provided by the standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those required by ISO or the State of Florida or those described below. The coverage may include restrictive endorsements which exclude coverage for liability arising out of:

• Mold, fungus, or bacteria • Terrorism • Sexual molestation

Unless the Work under this Contract includes activities which would be the subject of such exclusions, the coverage may also exclude coverage for liability arising out of:

• Architects & engineers professional liability • Exterior Insulation and Finish Systems (EIFS)

The Owner and the Owner's officials, officers and employees shall be included as an "Additional Insured" on a form no more restrictive than ISO Form (CG 20 10), Additional Insured - Owners, Lessees, or Contractors. The minimum limits (inclusive of amounts provided by an umbrella or excess policy) shall be:

$1,000,000-General Aggregate $1,000,000-Products/Completed Operations Aggregate $1,000,000- Personal and Advertising Injury $1,000,000- Each Occurrence

5 A.3. Automobile Liability Insurance Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of the standard Business Auto Policy (ISO Form CA 00 01) without restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non owned, and hired autos used in connection with the performance of the work. Such insurance shall not be subject to any aggregate limit and the minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be:

$1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined

A.4. Property Insurance If this Contract includes: (1) construction of a new above-ground structure or structures, or (2) any addition(s). improvement(s), alteration(s) or repair(s) to an existing above-ground structure or structures, or (3) The installation of machinery or equipment into an existing structure or structures, the Contractor shall provide, in a policy acceptable to Owner, "all risk" (i.e., Special Form) property insurance on any such construction, additions, machinery or equipment. The amount of the insurance shall be no less than the estimated replacement value at the time of the Owner's final acceptance of such new structures, addition(s), improvement(s), alteration(s), repair(s), machinery or equipment. The coverage shall not be subject to any restriction with respect to occupancy or use by the Owner and, subject to thirty (30) days prior written notice to the Owner, shall remain in full effect until final acceptance by the Owner. The Owner shall be an insured on this policy. The maximum deductible shall be $500 per occurrence.

If this contract includes: (1) construction of a new above-ground structure or structures located within a Special Flood Hazard Area (100 year floodplain), or (2) any addition(s), improvement(s), alteration(s) or repair(s) to an existing above- ground structure or structures located within a Special Flood Hazard Area (100 year floodplain), Flood insurance must also be provided on such new structure(s), addition(s), improvement(s), alteration(s) or repair(s) for the lesser of: (1) the estimated replacement value at the time of the final acceptance of such new structure(s), addition(s), improvement(s), alteration(s) or repair(s), or (2) The maximum amount of flood insurance available through the National Flood Insurance Program.

6 B. The insurance provided by the Contractor and its Subcontractors shall apply on a primary basis. Any insurance maintained by the Owner shall be excess of and shall not contribute with the insurance provided by the Contractor and its Subcontractors. Except as otherwise specifically authorized in this Contract, or for which prior written approval has been obtained hereunder, the insurance maintained by the Contractor shall apply on a first dollar basis without application of a deductible or self-insured retention. Under limited circumstances, the Owner may permit the application of a deductible or permit the Contractor to self-insure, in whole or in part, one or more of the insurance coverage’s required by this Contract. The Contractor shall pay on behalf of the Owner or Owner's officials, officers and employees any deductible or self- insured retention applicable to a claim against the Owner or the Owner's officials, officers and employees.

C. The insurance provided by the Contractor shall be endorsed to provide that the Insurer waives its rights against the Owner and Owner's officials, officers and employees.

D. Compliance with these insurance requirements shall not limit the liability of the Contractor or its Subcontractors. Any remedy provided to the Owner by the insurance provided by the Contractor and its Subcontractors shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnities of the Contractor) available to the Owner under this Contract or otherwise.

E. Neither approval nor failure to disapprove insurance furnished by the Contractor shall relieve the Contractor from responsibility to provide insurance as required by this Contract.

7 Bid Protest Procedure

1. A bidder that has submitted a bid to the City, and is adversely affected by the final disposition thereof, may file with the City Administrator’s office a written protest no later than forty-eight (48) hours (excluding Saturdays, Sundays and legal holidays) from the City Commission’s action thereon or its award of the contract in connection therewith.

2. The Notice of Protest shall be in the form of a sworn protest statement setting forth the basis of the protest and shall attach documentation in support thereof, if any. Failure to timely file such notice shall constitute a waiver of all rights to seek any further remedies provided for under this section.

3. The City Administrator shall submit the protest statement with attachments together with his or her own statement and supporting documentation, if any, addressing the issue(s) raised in the Notice of Protest to the City Commissioners for determination.

4. The City may retain the protestor’s Protest Bond until all applicable legal appeal periods have expired.

5. The City shall have the right to offset against protestor’s Protest Bond to reimburse itself for all costs incurred as a result of an unsuccessful protest.

6. The Notice of Protest must be delivered to the City Administrator, along with a Protest Bond in an amount equal to one percent of the total volume of the contract/bid, which amount shall not exceed $5,000.00 nor be less than $1,0000.00. Such bond shall be conditioned upon payment of all costs, which may be adjudged against the protestor in the event of an unsuccessful bid protest and any subsequent court proceedings.

8 Submittals: Please include ALL of the following items with completed Bid. □ 3 References

□ General Liability, Auto Liability and Workers Compensation insurance certificates

□ Names of Employees who will be on City of Fort Meade Property

□ Copies of all work tickets, inspection lists, etc., that will be issued to City during the course of work performed.