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HomeMy WebLinkAbout2553 IRFQ 23/24-305 Aquatic Weed & Vegetation Control - Protest IncludedCITY OF SANFORD UO FINANCE DEPARTMENT i^Y Thursday, May 09, 2024 WIT PURCHASING DEPARTMENT N TRANSMITTAL MEMORANDUM cl?�� To: City Clerk/Mayor RE: IRFQ 23/24-305 Aquatic Weed & Vegetation Control -Protest Included The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies El Special Instructions: Included is the formal protest of the solicitation the addendums, the notice of cancellation bid tab checklist & bid opening notice. C4i,a� Kair From TADept_forms\City Clerk Transmittal Memo - 2009.doc S/ 9/2024 Date FLORIDA WATERWAYS INC. May 1, 2024 City of Sanford Marisol Ordonez Purchasing Manager Marisol.ordonezCaOsanfordfl.gov VIA EMAIL AND FEDERAL EXPRESS SUBJECT: Protest of Intent to Award IRFQ 23/24-307 Aquatic Weed & Vegetation Control Ms. Ordonez Standing to Protest Florida Waterways, Inc. (FWI), a corporation organized under the laws of Florida, brings this protest against the City of Sanford's Intent to Award #IRFQ 23/24-307 Aquatic Weed & Vegetation Control to Aquatic Weed Control, Inc., a Florida Corporation (AWC). Sandford issued an informal request for quote (IFRQ) entitled IRFQ 23/24-307 Aquatic Weed & Vegetation Control. The bid closing date was March 21, 2024 at 2:00 PM EST. An "Intent to Award" was issued by Sanford on April 25, 2024 at 5:27PM and erroneously disqualifies Florida Waterways, Inc.'s bid. Florida Waterways, Inc has legal standing to protest the Intent to Award and is timely submitting this Notice of Protest. Floirda Waterways, Inc. (FWI) is the lowest materially responsive and responsible bidder and is adversley affected by the City's decision to disqualify FWI's due to: 1. did not have the city listed as additionally insured; and 2. was not listed as the certificate holder; and 3. COI was expired. FWI would like to recapitulate that its bid is still and always has been a valid offer to provide the scope of services at the stated price. Nothing in this bid protest amends or alters our offer (price). Request for an Automatic Stay FWI requests that the City stop the solicitation until the subject of the protest is resolved, in adhearance with Florida State Statute', and that the computation of time be extended by an amount equal to the stay to provide meaningful relief. City of Sanford — Protest of Intent to Award IRFQ 23/24-307 Aquatic Weed & Vegetation Contr April 25, 2024 Page 2 City of Sanford Purchasing — Mission, Stated Goals and Policy Mission: The mission of City of Sanford Purchasing Division is to support City activities, goals and programs to ensure that the Citizens of Sanford receive high quality commodities and services at the most cost-effective price in a fair, impartial and timely manner. https://sanfordfl.gov/qovernment/finance/purchasing-division/ Stated Goals: It is the goal of the Purchasing and Contracts Division to obtain the "Best Value" for the City and its Citizens in accordance with a defined competitive process. https://sanfordfl.gov/government/finance/purchasing-division/ Purchasing Policy., The City of Sanford maintains a "Purchasing Policy" adopted June 10, 2013. The text of this document is herein incorporated by reference. Pertinent excerpts are presented below: 6. B. Responsiveness of a submission is, without exception, a response which is, in all material aspects, in compliance with all of the requirements of the solicitation including the specifications. Matters which are non -substantive in nature in the judgment of the Purchasing Manager may be considered a technicality, irregularity or informality and waived by the City. 8. Awards shall be in the Best Interest of the City of Sanford. Conclusion: The City of Sanford's Purchasing Office has the stated mission and goal to provide the most cost-effective price for commodities and services for its Citizens. It has adopted a Purchasing Policy which allows the City to waive technicalities, irregularities or informalities within the procurement process. Material Aspects of the IRFQ Solicitation The solicitation's method of evaluation was lowest materially responsive and responsible bidder, i.e. "low - bid". The solicitation was a 39 -page document, amended by two Addendum (both issued on March 41h). In total, there were 16 signature blocks (1 bid form; 15 Attachments). Attachment "0" is a notarized affidavit bidders sign agreeing to insurance requirements bidders must meet when there is a "contractual relationship" between the City and the Vendor. The General Terms and Conditions, subsection Insurance very clearly states "upon award" the Vendor shall name the City as a certificate holder. It is improper for the City to disqualify FWI for "not have(ing) the city listed as additionally insured and was not listed as the certificate holder." City of Sanford — Protest of Intent to Award IRFQ 23/24-307 Aquatic Weed & Vegetation Control April 25, 2024 Page 3 Currently, only a Bid Tabulation and an Intentto Award has been made by the City. Therefore, this is an issue in the timing. FWI was not required to list the City as a Certificate Holder and/or as additional insured at the time of bid. FWI will be required to do this upon award— and has executed an affidavit agreeing to the City's insurance requirements for when there is a "contractual relationship" for the goods and services under procurement. Technically speaking, FWI is allowed to buy insurance between the Intent to Award and the actual award. Note, a renewal of an insurance policy is still "buying" insurance — as this will be brought up later in this letter. With that said, FWI does, and has always maintained valid insurance. FWI currently has, or has successfully completed, municipal/agency contracts in the following Florida counties: Nassau, Duval, St. Johns, Flagler, Volusia, Lake, Brevard and St Lucie. In addition to that list, we have active private sector clients in Nassau, Baker, Duval, St. Johns, Clay, Flagler, and Volusia counties. Our gross business receipts are in the multiple of millions of dollars per annum and we have an over 98% renewal rate with our private sector clients and have a 100% completion and renewal rate with the dozens of municipal/agency contracts. Additionally, we have physical office locations in Duval and Volusia Counties. Simply put, it is asinine for the City to assume that FWI — a large and substantive company within the industry — is uninsured, and to therefore disqualify FWI's bid under that assumption. FWI did provide evidence of insurance. While a minor clerical error occurred where FWI attached an outdated COI, the COI did properly list the insurance carriers, policy numbers, limits, and the producer. The City of Sanford had the ability to verify insurance coverage with a simple email, either to FWI or the Producer — yet did not. INSURANCE The Vendor shall have at a minimum the insurance limits listed hereunder: however the City reserves the unilateral and sole right to modiA- said limits when the type of product or services requested merit a modification of the insurance limits listed herein. The Vendor shall submit a copy of their Certificate of Liability Insurance with their quote submittal. GENERAL LIABILITY: 51,000,000.00 PROFESSIONAL LIABILITY: 51.000.000.00 (only if professional services are to be provided) VEHICLE INSURANCE: S1.000.000.00 Combined Property & Bodily Injury WORKER'S COMPENSATION: S1.000.000.00 PRODUCTS LIABILITY: 51.000.000.00 (only if a product is being provided) Upon award, the Vendor shall name City of Sanford as a Certificate Holder and/or as additional insured and shall maintain the coverage limits set forth during the entire tern of performing services under this award. :VOTE: ANY .AND ALL SPECIAL CONDITIONS :ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. Issued by: Finance/Purchasing Division Sanford, Florida IRFQ 23/24-305 Aquatic Need and Vegetation Control Thursday. March 21. 2024 General Terms and Conditions, subsection 'Insurance "(emphasis added) FWI contends that it did provide proof of insurance — just that the City of Sanford failed to validate a very obvious minor typographical/clerical error — one which is allowed by The City of Sanford's own purchasing City of Sanford — Protest of Intent to Award IRFQ 23/24-307 Aquatic Weed & Vegetation Control April 25, 2024 Page 4 policy. Doing so, is in the best interest of Sanford and should have been done by the City's own stated goals and mission. In Aspire Therapy Services & Consultants, Inc. v. United States, the Court sustained a protest because the procuring agency did not seek clarification before rejecting a proposal for what the Court found to be an "obvious and typographical" error in the protester's proposal. While recognizing agencies ordinarily are not required to seek clarifications, the Court found the agency abused its discretion by not requesting a clarification under these facts. In the Aspire case, the typographical error was in a computation that affected price. A big distinction is that the current bid protest does nothing to amend our price or scope. Our price is still valid. Only cure of a "obvious and typographical error" on a non -material variance is sought to be cured. In the instant case, Sanford published the Bid Tabulation at 5:27 PM. FWI read the Bid Tabulation at 5:31 PM. By 7:00 AM the next morning when FWI opens for business, FWI submitted a COI showing current insurance. It was very obviously a minor typographical/clerical error in FWI's original submission, one so simple to rectify, we did it in a matter of seconds. There is an incredibly long, well documented, and supported history of public agencies allowing vendors to cure "minor" irregularities, such as the question of a date of an insurance form in the instant case. It is important to note that agencies are not allowed to let bidders modify their bids, or correct material variances. With that said, there is a large body of case law as to what constitutes a minor irregularity versus a material variance from specifications, but generally, a material variation is one which: (1) affects the price of the bid; (2) gives the bidder an advantage or benefit not enjoyed by other bidders; or (3) adversely impacts the interests of the procuring agency. Intercontinental Properties, Inc. v. HRS, 606 So. 2d 380 (Fla. 3d DCA 1992). Harry Pepper & Assoc. v. Cape Coral, 352 So. 2d 778 (Fla. 1st DCA 1981). Asphalt Pavers v. DOT, 602 So. 2d 558 (Fla. 1st DCA 1992). The facts of the instant case are not one that constitute a material variance or gives the bidder an advantage or benefit not enjoyed by other bidders. Those are instances which allow a bidder a "second bite at the apple" — which is not what is happening here. FWI is not amending its bid (price). An example of these material variances or giving a bidder additional advantage are, for example, a price discrepancy in a spreadsheet. (For example: A missing "zero". Is it $1,000 or $10,000? Unclear? Ask the bidder to clarify, i.e. giving the bidder an opportunity to test the waters and figure out if they won it at either price and get a "second bite at the apple' In fact, allowing FWI to cure this minor irregularity positively i m pacts the interests of the procuring agency and the citizens of Sanford — and is entirely inline with the City's stated mission, goals and policies. FWI's bid for a 1 -year term was $13,674.00. The City's procurement staff has recommended award to a vendor at $35,640.00, a difference of $21,966.00 The bid is renewable for up to 5 -years. At base bid amounts, that equals $109,830.00 more that the taxpayers of Sanford would be paying for this service. A travesty that would cause ire if known to constituents, over such a trivial curable minor irregularity had procurement staff simply asked for an updated Proof of Insurance (COI). A simple email could have saved the taxpayers $109,830 and only take a matter of minutes. What an amazing rate of return! City of Sanford — Protest of Intent to Award IRFQ 23/24-307 Aquatic Weed & Vegetation Control April 25, 2024 Page 5 Conclusion: FWI's bid is materially responsive. It contains all required signatures, including agreeing to Attachment "0". Proof of insurance was provided. Any minor typographical error noted by the City is a minor curable error, and the ability to cure is fully supported by the City's stated mission, goals, and purchasing policy. The City is clearly erroneous in the disqualification of FWI for not getting the City a COI listed as a Certificate holder and Additional Insured at the time of bid. This item is due upon award. Arbitrary and Capricious Evaluation of Bids The City disqualified FWI due to: 1. did not have the city listed as additionally insured; and 2. was not listed as the certificate holder; and 3. COI was expired. A recommended of award was made by the City to what they deemed was the next lowest materially responsive and responsible bidder, Aquatic Weed Control, Inc. (AWC) However, the Certificate of Insurance (COI) provided by AWC was "For Information Purposes Only" (just like FWI's) and: 1. did not have the city listed as additionally insured; and 2. was not listed as the certificate holder; and 3. the COI is now expired as of May 1, 2024; So how can FWI be disqualified for these reasons, but AWC not? Reason must be the answer, but not whim Sunshine Towing v. Dept of Transp., No. 10-0134BID, 2010 WL 1417770, (DOAH Apr. 6, 2010) As AWC's COI is now expired, what is the City's requirement? Proof of insurance at the time of bid? Or proof of insurance at time of award? Bid evaluations, although typically quick, have lasted for months. At the current moment in time, there is no proof that AWC has valid insurance. FWI contends that this is a minor curable technicality, and AWC should be able to provide an updated COI to satisfy the City — and FWI should be able to as well. Conclusion: The City did not enforce the same standards upon all bidders. Bidders that submitted a "For Information Purposes Only" COI that did not list the City as Additionally Insured or Certificate holders were not disqualified, yet FWI was for those reasons. There is an obvious arbitrary and capricious nature to the City's evaluation of bids. In order to satisfy the City in terms of expired insurance, AWC will need to submit an updated COI. If AWC should be allowed to do this, then so should FWI — so that bidders are treated equally and fairly. The AWC Bid Is Ambiguous The bid submitted to Sanford listed "Aquatic Weed Control, Inc." which is identified as the Bidder. The signatory on the bid is Chad Inscho, Business Developer. A thorough search of Sunbiz was conducted, and no active Florida corporations listing a Chad Inscho were located, either as an officer or registered agent. Chad Inscho is not listed as President or Principal of Aquatic Weed Control, Inc. City of Sanford — Protest of Intent to Award IRFQ 23/24-307 Aquatic Weed & Vegetation Control April 25, 2024 Page 6 The bid must be signed by a representative of the Bidder duly authorized to do so, and, in the case the bid is signed by a deputy or subordinate, the principal's written authority to do so must accompany the bid. This is to ensure that the Bidder is able to be bound by the offer. The Bidder needs to provide proof that the person who signed the bid has authority to do so. If the person signing the bid is the bidder's president, then no additional proof is needed. But, if anyone else is signing the bid then a formal corporate certificate or letter of authorization must be included that authorizes that person to do so. These are typically in the form of a corporate resolution or "Agent Authorization Form" or similar. If a proposal is ambiguous on the identity of the offering entity, the offer will be unacceptable, since there is uncertainty as to exactly who is bound to perform the contract. B & L Services, Inc. v. Dept. HRS, No. 85-3294BID, 1986 WL 401534 at $ 9, 34, & 37 (DOAH June 4, 1986) Ambiguous bids are nonresponsive because they do not exhibit an intent of the bidder to be bound by the terms of the contract and this directly impacts the price, quantity, quality and delivery of the solicited products. Honeywell, Inc. v. United States, 16 Cl. Ct. 173, 35 Cont. Cas. Fed. (CCH) ¶ 75,611 (U.S. Cl. Ct. 1989), rev. on other grounds, 870 F. 2d 644 (Fed. Cir. 1989); Griffin Const. Co., B-185790, 76-2 CPD $ 26, 1976 WL 13110 (July 9, 1976) Take the example of free-lance "head-hunter" business developers. It is not uncommon for businesses to be solicited by third party agents who develop business on a fee or contingency business. There is no evidence submitted by AWC that Chad Inscho is an authorized employee of this company, with the ability to bind the company. Chad Inscho could very well be a third -party. Conclusion: In absence of a corporate resolution identifying Chad Inscho as an Authorized Corporate Officer with the authority to bind the respondent, Sanford is acting upon an assumption. As presented, AWC's bid should be disqualified as ambiguous. FWI contends that in the event Chad Inscho is an authorized representative of AWC, that AWC should be allowed to submit documentation of such. This would likely fall into the category of a something that is minor and curable — and that if one vendor is allowed to submit additional documentation over technicalities, other vendors should as well. Cancel the Solicitation and Re -Issue The City of Sanford has made the statement that they have the ability to reject all bids, cancel the solicitation at this stage, and re -issue. This would be entirely contrary to competition. All replies are public record and are circulating amongst bidders at this point. Resoliciting would undermine the competitive nature of the solicitation. This would likely not secure the City a better deal. It has been shown that when agencies pursue this course of action, it often leads to higher pricing. The Third District Court of Appeal in Hotel China & Glassware Co. v. Bd. of Pub. Instruction, 130 So. 2d 78 (Fla. 1st DCA 1961), succinctly described the purpose of competitive bidding as follows: Florida's competitive bid statutes. . . create a system by which goods or services required by public authorities may be acquired at the lowest possible cost. The system confers upon both the contractor and the public authority reciprocal benefits, and exacts from each of them reciprocal obligations. The bidder is assured fair consideration of his offer, and is guaranteed the contract if his is the lowest and best bid City of Sanford — Protest of Intent to Award IRFQ 23/24-307 Aquatic Weed & Vegetation Control April 25, 2024 Page 7 received. The principal benefit flowing to the public authority is the opportunity of purchasing the goods and services required by it at the best price obtainable. Under this system, the public authority may not arbitrarily or capriciously discriminate between bidders, or make the award on the basis of personal preference. Conclusion: Sanford has a great deal on the table: recognition of FWI as the lowest materially responsive, responsible bidder. Awarding the project to FWI keeps within the purpose of competitive bidding. "Non -Responsive Bidder" Issues River City Aquatics, LLC's (RCA) bid was the apparent low bidder. As Addendum issued on a solicitation have the ability to modify the scope of work, terms, conditions and other material aspects of the solicitation, acknowledgement of all addenda is a required element of the bid. Failure to comply with such mandatory requirements is a material error that renders a bid non responsive. Not signing a bid is a "fatal flaw". City of Wildwood v. Gibbs & Register, Inc., 694 So. 2d 763 (Fla. 5th DCA 1997) Vito's Trucking and Excavating Co. v. Dept. of Transportation, No. 84-3436BID, 1984 WL 275479 Conclusion: Missing required signatures on a bid is a fatal flaw and constitutes a non -curable material variance. FWI concurs with the City's disqualification of RCA, and seeks that the City proceed to award to the next lowest materially responsive and responsible bidder, which is FWI in the instant case. Relief Sought by Florida Waterways, Inc. FWI as the aggrieved bidder is exercising their right to protest Sanford's recommendation of award. FWI is likely to receive such award if this protest is granted as FWI is the lowest materially responsive and responsible bidder. FWI seeks that the City of Sanford amend the Intent to Award to recognize FWI as the lowest materially responsive and responsible bidder and award the project to FWI. The City's stance that they need to be listed as Certificate Holders and Additionally Insured upon bid and disqualifying FWI for the same is clearly erroneous. The standard is "upon award" not "upon bid". The City has disqualified FWI's bid under an arbitrary and capricious evaluation — disqualifying FWI but recommending award to a vendor who has the same purported "flaws". Any minor typographical error is a minor curable irregularity, which is in support of Sanford's purchasing policy and best interest for the citizens. FWI is open to resolving this informally, per Sanford's procurement code. However, our participation in an informal proceeding is not to be construed as a waiver of our right to seek formal proceedings, including appeal to City Council, and the right to initial legal proceedings. Furthermore, it should be noted that following the 1996 legislature, de novo proceedings were implemented for bid protests. These proceedings occur before an Administrative Law Judge who reviews the entirety of the case from a neutral third -party prospective. One of the focal points of the AU is to determine whether Sanford's proposed action of disqualifying FWI is contrary to Sanford's rules or policies. The merits of this bid protest are very highly likely to be affirmed by an ALJ. Court costs and legal fees would likely be awarded to FWI and there is additional case law which supports the award of lost profits to FWI, and FWI would seek to recover both items. City of Sanford — Protest of Intent to Award IRFQ 23/24-307 Aquatic Weed & Vegetation Contri April 25, 2024 Page 8 FWI looks forward to their likely award and maintaining a professional working relationsl Thank you, Jim Schwartz President Florida Waterways, Inc. Date CERTIFICATE OF LIABILITY INSURANCE 12/13/2023 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. Holiday, FL 34691 rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer A: Lion Insurance Company 11075 Insurer B: Insurer C: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each occurrence Commercial General Liability Claims Made ❑ Occur Damage to rented premises (EA occurrence) Med Exp Personal Adv Injury General aggregate limit applies per: Policy ❑Project 1:1 LOC General Aggregate Products - Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Bodily Injury Hired Autos (Per Accident) Non -Owned Autos • Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and Employers' Liability WC 71949 01/01/2024 01/01/2025 X I WC Statu- tory Limits OTH- ER E.L. Each Accident $1,000,000 Any proprietor/partner/executive officer/member E.L. Disease - Ea Employee $1,000,000 excluded? NO If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 93-68-755 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Florida Waterways, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) , while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by emailing a request to certificates@lioninsurancecompany.com Project Name: FOR BID PURPOSES ONLY. ISSUE 01-13-23 (CF) Begin Date: 111/2023 CERTIFICATE HOLDER CANCELLATION FLORIDA WATERWAYS, INC. Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. '`���` ✓ 6900 PHILLIPS HWY, #23 JACKSONVILLE, FL 32216 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDYYY) IY 10/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance & Risk Management of Florida, LLC 1501 East 1st Ave CONTACT NAME: PHONE FAX AIC'No Ext : 321-214-1990(AIC,No): 321-710-2501 ADDRIESS: Mount Dora FL 32757 INSURER(S) AFFORDING COVERAGE NAIC # 6/1/2024 INSURER A: Scottsdale Insurance Co. 41297 DAMAGE TO RENTED PREMISES Ea occurrence S100,000 INSURED FLORWAT-01 Florida Waterways Inc 9820 Scott Mill Rd INSURER B: Old Dominion Insurance Company 40231 INSURER C: INSURER D: Jacksonville FL 32257 INSURER E : Is INSURER F: AUTOMOBILE X COVERAGES CERTIFICATE NUMBER: gn78897178 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL N SUBR WV POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDNYYY) LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE FKOCCUR CPS7802557 6/1/2023 6/1/2024 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED PREMISES Ea occurrence S100,000 MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- E � F—] LOC JECT OTHER: GENERAL AGGREGATE I 52,000,000 PRODUCTS - COMP/OP AGG 1 $ 2,000,000 Is B AUTOMOBILE X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY CA00020094 11/1/2023 11/1/2024 COMBINED SINGLE LIMIT 51,000,000 Ea accident BODILY INJURY (Per person) S BODILY INJURY (Per accident) 5 PROPERTY DAMAGE S Per accident 5 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE AN1285580 6/6/2023 6/6/2024 EACH OCCURRENCE s4,000,000 AGGREGATE 54,000,000 DED I I RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A PER OTH- STATUTEI ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) For Information Purposes Only For Information Purposes Only USA L;ANL:tLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD X cn After printing this label: CONSIGNEE COPY - PLEASE PLACE IN FRONT OF POUCH 1. Fold the printed page along the horizontal line. 2. Place label in shipping pouch and affix it to your shipment. o� 0? cfl 00 4 00 H rox Xlx H O 1 H O y N CMO 24, r O H -- x O H �:o Fmi X J242024072601w 6 �Zo � 2—n m Z TI V5 mC) IV 00 0 �; a MM J mn0 m C N N M z C C M 583J31C13719AE3 Use ofthis system constitutes youragreementto the service conditions in the current FedEx Service Guide, available on fedex.com. FedEx will not be responsible for any claim in excess of $100 per package, whetherthe result of loss, damage, delay, nondelivery, misdelivery, or misinformation, unless you declare a highervalue, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedExfor any loss, including intrinsic value ofthe package, loss of sales, income interest, profit, attorney'sfees, costs, and otherforms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 orthe authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits, see current FedEx Service Guide. Do ()DW oc=_ m y Z N 1 M No m m� 70 00 0 arm ZOo D M A Cn DATE: March 4th. 2024 TO: All Bidders/Proposers FROM: Chase Kaiser — Purchasing Coordinator City of Sanford Purchasing Division SUBJECT: IRFQ 23/24-305 Aquatic Weed & Vegetation Control I ADDENDUM 41 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or answers to questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document. I. DUE DATE This Addendum does not change the solicitation due date. As such, the solicitation response is due no later than March 2151, 2024 at 2:00 Local Time. II. QUESTIONS AND ANSWERS (O&A) N/A III. CHANGES, ADDITIONS AND/OR CLARIFICATIONS Added images for site 10 and NWRF Ponds. Please note the contact person for these two new locations please contact Taneka Cross at 407.688.5172 or by email at Taneka.crossgsanfordfl.gov. IV. SIGN -IN SHEET N/A V. ATTACHMENTS Attached are images of Site 10 and the NWRF Ponds. City of Sanford I Finance Department I Purchasing Division CITY Of c SANPORD FINANCE DEPAPTMENT 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Phone: 407-688-5028 or 5030 Fax: 407-688-5021 Email: urchasin sanfordfl. ov ADDENDUM 7T1 IRFQ 23/24-305 Aquatic Weed & Vegetation Control DATE: March 4th. 2024 TO: All Bidders/Proposers FROM: Chase Kaiser — Purchasing Coordinator City of Sanford Purchasing Division SUBJECT: IRFQ 23/24-305 Aquatic Weed & Vegetation Control I ADDENDUM 41 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or answers to questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document. I. DUE DATE This Addendum does not change the solicitation due date. As such, the solicitation response is due no later than March 2151, 2024 at 2:00 Local Time. II. QUESTIONS AND ANSWERS (O&A) N/A III. CHANGES, ADDITIONS AND/OR CLARIFICATIONS Added images for site 10 and NWRF Ponds. Please note the contact person for these two new locations please contact Taneka Cross at 407.688.5172 or by email at Taneka.crossgsanfordfl.gov. IV. SIGN -IN SHEET N/A V. ATTACHMENTS Attached are images of Site 10 and the NWRF Ponds. Respondents must acknowledge receipt of this Addendum by signing this form below and returning it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals or by including this Addendum with your submittal. Failure to comply may result in disqualification of your response. Acknowledgment is hereby made of Addendum #1 to IRFQ 23/24-305 Aquatic Weed & Vegetation Control. Name of Firm/Company Street Address Telephone Number Authorized Person Printed Name Authorized Person Signature Contact Email City, State, Zip Code Fax Number Authorized Person Title Date of Signature City of Sanford I Finance Department I Purchasing Division ` clry of r SANFORD 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Phone: 407-688-5028 or 5030 Fax: 407-688-5021 Email: urchasin sanfordtl. ov ADDENDUM FINANCE DEPARTMENT IRFQ 23/24-305 Aquatic Weed & Vegetation Control #1 Respondents must acknowledge receipt of this Addendum by signing this form below and returning it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals or by including this Addendum with your submittal. Failure to comply may result in disqualification of your response. Acknowledgment is hereby made of Addendum #1 to IRFQ 23/24-305 Aquatic Weed & Vegetation Control. Name of Firm/Company Street Address Telephone Number Authorized Person Printed Name Authorized Person Signature Contact Email City, State, Zip Code Fax Number Authorized Person Title Date of Signature Northwest Reclamation Facility (NWRF) 2- Ponds City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 ADDENDUM OSXRFoRD Phone: 407-688-5028 or 5030 Fax: 407-688-5021 Email: urehasin Qsanfordfl. ovFINANCE II + DEPARTMENT IRFQ 23/24-305 Aquatic Weed & Vegetation Control Northwest Reclamation Facility (NWRF) 2- Ponds Note: Site 10- 3105 W. SR 46 Geneva, Florida 32732; this property is classified as Agricultural (Grazing land soil capability Class 1). Vendors will need an escort to gain access to the site. Please contact Taneka Cross at 407.688.5172. City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 ADDENDUM CITY DF SANFORD Phone: 407-688-5028 or 5030 1 Fax: 407-688-5021 Email: urchasin (WIsanfordil. ov �+1 FINANCE DEMIiFMENT IRFQ 23/24-305 Aquatic Weed & Vegetation Control Note: Site 10- 3105 W. SR 46 Geneva, Florida 32732; this property is classified as Agricultural (Grazing land soil capability Class 1). Vendors will need an escort to gain access to the site. Please contact Taneka Cross at 407.688.5172. Site 10- 3105 W. SR 46 Geneva, Florida 32732 (2"d picture closeup view). ,• „ � 4 , • max. 5 s � � �, x z"�`i` r ot ,s � 6 4 yY� C' t ' `. City of Sanford I Finance Department I Purchasing Division CITY OFS 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Phone: 407-688-5028 or 5030 1 Fax: 407-688-5021 Email: urchasin sanfordfl. ov ADDENDUM oRD FINANCE DEPAUMENT 0 IRFQ 23/24-305 Aquatic Weed & Vegetation Control � Site 10- 3105 W. SR 46 Geneva, Florida 32732 (2"d picture closeup view). ,• „ � 4 , • max. 5 s � � �, x z"�`i` r ot ,s � 6 4 yY� C' t ' `. DATE: March 4th, 2024 TO: All Bidders/Proposers FROM: Chase Kaiser — Purchasing Coordinator City of Sanford Purchasing Division SUBJECT: IRFQ 23/24-305 Aquatic Weed & Vegetation Control I ADDENDUM 92 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or answers to questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document. I. DUE DATE This Addendum does not change the solicitation due date. As such, the solicitation response is due no later than March 21st, 2024 at 2:00 Local Time. II. QUESTIONS AND ANSWERS (Q&A) N/A III. CHANGES, ADDITIONS AND/OR CLARIFICATIONS This addendum is to clarify and confirm that the Pinehurst Park Pond at 1000 W 22nd Street is indeed a part of this solicitation. The location was mistakenly missing from section 2 on the first page of the solicitation. The Pinehurst Park Pond was however included in the Price Submittal section and a picture of the pond was included as well. IV. SIGN -IN SHEET N/A V. ATTACHMENTS N/A City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 ADDENDUM CITY OF SArrFoRD Phone: 407-688-5028 or 5030 1 Fax: 407-688-5021 Email: urchasin sanfordtl. ov �' FINANCE DEPARTMENT #2 IRFQ 23/24-305 Aquatic Weed & Vegetation Control DATE: March 4th, 2024 TO: All Bidders/Proposers FROM: Chase Kaiser — Purchasing Coordinator City of Sanford Purchasing Division SUBJECT: IRFQ 23/24-305 Aquatic Weed & Vegetation Control I ADDENDUM 92 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or answers to questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document. I. DUE DATE This Addendum does not change the solicitation due date. As such, the solicitation response is due no later than March 21st, 2024 at 2:00 Local Time. II. QUESTIONS AND ANSWERS (Q&A) N/A III. CHANGES, ADDITIONS AND/OR CLARIFICATIONS This addendum is to clarify and confirm that the Pinehurst Park Pond at 1000 W 22nd Street is indeed a part of this solicitation. The location was mistakenly missing from section 2 on the first page of the solicitation. The Pinehurst Park Pond was however included in the Price Submittal section and a picture of the pond was included as well. IV. SIGN -IN SHEET N/A V. ATTACHMENTS N/A Respondents must acknowledge receipt of this Addendum by signing this form below and returning it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals or by including this Addendum with your submittal. Failure to comply may result in disqualification of your response. Acknowledgment is hereby made of Addendum 92 to IRFQ 23/24-305 Aquatic Weed & Vegetation Control. Name of Firm/Company Street Address Telephone Number Authorized Person Printed Name Authorized Person Signature Contact Email City, State, Zip Code Fax Number Authorized Person Title Date of Signature City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 ADDENDUM CITY OF C-01ANTMENT SAx ORD Phone: 407-688-5028 or 5030 Fax: 407-688-5021 Email: urchasin sanfordfl. ov � DEP #2 FINANCE IRFQ 23/24-305 Aquatic Weed & Vegetation Control Respondents must acknowledge receipt of this Addendum by signing this form below and returning it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals or by including this Addendum with your submittal. Failure to comply may result in disqualification of your response. Acknowledgment is hereby made of Addendum 92 to IRFQ 23/24-305 Aquatic Weed & Vegetation Control. Name of Firm/Company Street Address Telephone Number Authorized Person Printed Name Authorized Person Signature Contact Email City, State, Zip Code Fax Number Authorized Person Title Date of Signature . COltl) j�S'1: 181 May 7th, 2024 Solicitation Number: IRFQ 23/24-307 Aquatic Weed & Vegetation Control The above bid has been CANCELLED and will be rebid at a later date. Upon award recommendation or 30 days after opening, it is understood that all submittals shall become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes, and Section 24(a), Article 1 of the Constitution of the State of Florida, and other controlling law (collectively the "Public Records Laws"). If the City of Sanford (City) rejects all replies submitted in response to a competitive solicitation and provides notice of its intent to reissue the solicitation, the replies remain exempt from disclosure until the City provides a notice of intent to award or withdraws the reissued solicitation. If no award is made, responses are not exempt for longer than 12 months after the initial notice rejecting all responses. City of Sanford- Purchasing Division email: purchasing(cD-sanfordfl.gov Art woodruff Sheena R. Britton Kerry S. Wiggins, Sr. Patrick Austin Patty Mahany Norton N. Bonaparte, Jr. Mayor District 1 District 2 District 3 District 4 City Manager City Hall, 2nd Floor • 300 N. 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O U O o O T m p _ O o O y 0 0 ^ O Y fA O 69 ❑ O u y ra p" is 6q � 'b V E- CD �p� CD 0 cq3 0 E c Y u O R F- w L 7 � O � ~ h L r ~ v v O fir. W r� a u O L 0 L c CITY OF FINANCE DEPARTMENT NOTICE — BID OPENING DATE OF THIS NOTICE: FEBRUARY 29, 2024 Solicitation Number: IRFQ 23/24-305 Aquatic Weed and Vegetation Control DUE DATE: THURSDAY, MARCH 14, 2024 TIME: 2:00 PM LOCAL TIME LOCATION: COMMISSION CHAMBERS - CITY HALL 1ST FLOOR In accordance with the Americans with Disabilities Act, persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at 407.688.5010 at least 48 hours in advance of the meeting. Advice to the public: if a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he or she may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105)