R22-023 1 RESOLUTION NO. R22- 023
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE USE OF THE VILLAGE OF WELLINGTON, FL. BID
6 NO.202202 (REBID)AND AUTHORIZING THE CITY MANAGER TO
7 SIGN AN AGREEMENT WITH K&B MAINTENANCE SERVICES, LLC
8 DBA PROFESSIONAL TENNIS COURT SERVICES OF
9 LOXAHATCHEE, FL FOR TENNIS COURT MAINTENANCE
10 SERVICES FOR AN ESTIMATED ANNUAL COST OF $79,000.00;
11 AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the Recreation and Parks Department is seeking tennis court maintenance
15 services at the designated courts within the City of Boynton Beach.; and
16 WHEREAS, K& B Maintenance Services, LLC DBA Professional Tennis Court Services has
17 been awarded the tennis court maintenance services from The Village of Wellington under a
18 continuing services contract for a thee (3) year term and by mutual agreement renewable for
19 two (2) additional one-year periods; and
20 WHEREAS, Contractor shall furnish all supervision, labor and equipment as necessary to
21 properly maintain the facilities and complete court maintenance; and
22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in
23 the best interests of the citizens and residents of the City of Boynton to approve utilizing The
24 Village of Wellington, FL. Bid No. 202202 (rebid) and Authorize the City Manager to sign an
25 agreement with K & B Maintenance Services, LLC DBA Professional Tennis Court Services of
26 Loxahatchee, FL for Tennis Court Maintenance Services for an estimated annual cost of
27 $79,000.00.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
29 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\Piggy-Back Wellington For K&B Maintenance(Tennis Court) -Reso.Docx
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2. The City Commission hereby approves utilizing The Village of Wellington,
34 FL. Bid No. 202202 (rebid) and authorizes the City Manager to sign an agreement with K & B
35 Maintenance Services, LLC DBA Professional Tennis Court Services of Loxahatchee, FL for Tennis
36 Court Maintenance Services for an estimated annual cost of$79,000.00,a copy of the Agreement
37 is attached hereto as Exhibit"A.
38 Section 3. This Resolution shall become effective immediately upon passage.
39
40 PASSED AND ADOPTED this 1st day of February, 2022.
41 CiTY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44
45 Mayor—StevenB. Grant ^ ^�
46
47 Vice Mayor—Woodrow L. Hay �^
48
49 Cornnnissioner—]ustinKatc
50
51 Commissioner Christina L Romelus
52
53 Commissioner—Ty Penserga w^
54
4
55 VOTE /1_7o
56 ATTEST:
57
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59 ���t�| GUbson MMC
60 City[�rh
61
62
63 Seal)
m Wellington For K&B Maintenanc (Tennis Court) -Reso.Docx
AGREEMENT FOR TENNIS COURT MAINTENANCE SERVICES
This Agreement is made as of this 18th day of January 2022 by and between K & B
Maintenance Services, LLC DBA Professional Tennis Court Services with a principal address
17183 601h Lane North, Loxahatchee, FL 33470 and THE CITY OF BOYNTON BEACH, a
municipal corporation organized and existing under the laws of Florida, with a business address of
100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "City".
RECITALS
WHEREAS, in order to maintain Tennis Court Maintenance Services to the public, the
City's Recreation and Parks Department is requesting the City enter into an Agreement with K &
B Maintenance Services, LLC DBA Professional Tennis Court Services to perform Tennis Court
Maintenance Services; and
WHEREAS, K & B Maintenance Services, LLC DBA Professional Tennis Court Services
has agreed to allow the City to piggyback The Village of Wellington Florida / Tennis Court
Maintenance Services Agreement pursuant to Bid No. 202202 (Rebid) to provide Tennis Court
Maintenance Services in the amount of $ 79,000.00 annually based on Bid No. 202202 (Rebid) for
a three (3) year term commencing 12/14/2021 and by mutual agreement renewable for two (2)
additional one-year; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and K & B Maintenance Services, LLC DBA Professional Tennis
Court Services agree that K & B Maintenance Services, LLC DBA Professional Tennis Court
Services shall provide Tennis Court Maintenance Services in the amount of $79,000.00 annually
based upon The Village of Wellington Florida / Tennis Court Maintenance Services Bid No.
202202 (Rebid) for a three (3) year term commencing 12/14/2021, a copy of which is attached
hereto as Exhibit "A", except as hereinafter provided:
A. All references to the Village of Wellington Florida / Tennis Court Maintenance
Services Bid No 202202 (Rebid) shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
Tennis Court Maintenance REC22-020
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of
public records, in a format that is compatible with the information technology systems of
the CITY.
Tennis Court Maintenance REC22-020
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVE. BOYNTON
BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in
a boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List,
and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has Contractor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above. Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to the Contractor of the City's
determination concerning the false certification. The contractor shall have five (5) days from
receipt of notice to refute the false certification allegation. If such false certification is discovered
during the active contract term, the Contractor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification was made
in error. If the Contractor does not demonstrate that the City's determination of false certification
was made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both
parties. This Agreement may be signed by the parties in counterparts which together shall
constitute one and the same agreement among the parties. A facsimile signature shall constitute an
original signature for all purposes.
Section 1. In the event that The Village of Wellington Florida / Tennis Court Maintenance
Services is amended, or terminated, Juniper Landscaping of Florida, LLC shall notify the City
within ten (10) days. In the event The Village of Wellington Florida / Tennis Court Maintenance
Tennis Court Maintenance REC22-020
Services is amended or terminated prior to its expiration, this Contract shall remain in full force
and effect, and not be deemed amended or terminated until specifically amended or terminated by
the parties hereto.
Section 2. K & B Maintenance Services, LLC DBA Professional Tennis Court Services
agrees that in the event it enters into a Contract for the same (or substantially similar) scope of
services with another local government in Florida which contains a term or condition, including
fees, charges, or costs, which the City determines to be more favorable than the terms in this
Contract, the parties shall enter into an Addendum to provide those terms to the City.
Section 3. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 4. In all other aspects, the terms and conditions of The Village of Wellington
Florida / Tennis Court Maintenance Services are hereby ratified and shall remain in full force and
effect under this Contract, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
ATTEST:
`CiK Clerk
APPRO D T FORM:
James A. Cherof, City Attorney
WITNESSES:
ATTEST:
SECRETARY
Tennis Court Maintenance REC22-020
CITY OF BOYNTON BEACH, FLORIDA
By:
Lori LaVerriere, City Manager
K & B Maintenance Services, LLC DBA
Professional Tennis Court Services
Print Name:
Title:
EXHIBIT A
AGREEMENT BETWEEN VILLAGE OF WELLINGTON
FLORIDA / TENNIS COURT MAINTENANCE SERVICES
AND K & B MAINTENANCE SERVICES, LLC DBA
PROFESSIONAL TENNIS COURT SERVICES
Tennis Court Maintenance REC22-020
THE VILLAGE OF
ELLINGTON
ADVERTISEMENTANVITATION TO BID
The Village of Wellington Council is accepting sealed bids for ITB 202202 (Rebid) Tennis Court Maintenance Services at the Village of
Wellington's Tennis Complex.
All Bids must be received, no later than November 10, 2021 at 9:00am, at which time all Bids will be publicly opened and read via
Zoom (Meeting ID 816 7218 2565 Password 5t.QWg).
Bids may be submitted electronically through the Village of Wellington's bid portal or delivered/mailed to the Clerk's Office at the
address below.
• Electronic Bids will only be accepted when submitted through the Village of Wellington's bid portal. Emailed submissions will
not be accepted.
• Paper Bids (one original and one PDF Copy on a CD or flash drive) are to be delivered to the Clerk's Office at the address
below. Receipt of a bid by any Wellington Office, Receptionist, or personnel other than the Clerk's Office does not constitute
"receipt" as required by this solicitation. The Clerk's Office time stamp shall be conclusive as to the timeliness of receipt.
Bid Documents may be downloaded online at www.demandstar.com or at www.wellingtonfl.gov/purchasing starting on October
15, 2021.
No bid may be withdrawn for a period of 120 days after the posting of the recommended award as otherwise provided in Instructions
to Bidders.
All paper bids shall be sealed when submitted and be delivered or mailed to:
Wellington
ATTN: Clerk's Office
12300 Forest Hill Blvd
Wellington, FL 33414
ENVELOPE MUST BE IDENTIFIED AS SEALED BID # 202202
The Owner reserves the right to accept or reject any or all Bids (in whole or in part) with or without cause, to waive technicalities,
irregularities or informalities, or to accept bids which in its judgment best serve the Owner.
Any and all questions regarding the bidding documents shall be directed to Wellington's Purchasing Division: Danielle Zembrzuski,
Phone 561-791-4107 or email dzembrzuski@wellingtonfl.gov.
Publish: Palm Beach Post - October 15, 2021
11 Page
Account #9-657448
BID COVER PAGE;
SUBMIT BIDS TO:
REFER ALL INQUIRIES TO PRIMARY CONTACT:
Wellington
Wellington
PurchasingDivision
Attn: Clerk's Office
12300 Forest Hill Blvd
12300 Forest Hill Blvd
Wellington, FL 33414
INVITATION TO B I D
Wellington, FL 33414
Phone:(561)791-4107
19:1014 4 6W 'Lai dawal P1401 112 10j H4101011EVA124:111:11mF
...•
COMMODITY/SERVICE
:.
(REBID)Tennis Court Maintenance Services
:.
202202
2 1 P a g e
.. ..
rMiTIM
19:1014 4 6W 'Lai dawal P1401 112 10j H4101011EVA124:111:11mF
...•
.•
Corporation ❑ Partnership ❑
If Corporation, please provide the following:
(A) Date of Incorporation:
Month / Day
--
Proprietorship ❑ Joint Venture ❑ Other ❑
(B) State or Country of Incorporation:
/ Year
2 1 P a g e
1. GENERAL INSTRUCTIONS: Potential bidders to the solicitation are expected to review all materials contained herein and prepare
responses accordingly. Submit required documents, complete information with solicitation including pricing and related terms.
2. TIMELINE: The Event Timeline below gives the date and time (where applicable) for major activities in the solicitation.
EVENT
TIME
DUE DATE
Invitation (ITB) Release Date
N/A
October 15, 2021
Submit Electronic Bid.
One (1) Original and One (1) PDF file on
If submitting paper bid - Number of Bid Hard Copies
N/A
Including Original ->
CD or Flash Drive
Questions from Bidders to Warrant
Response/Addendum
6:OOPM Local Time
October 29, 2021
Bids Received By — (Deadline & Opening)
9:OOAM Local Time
November 10, 2021
Evaluation Committee Meeting (if applicable)
N/A
N/A
Posted Notice of Intended Award
Tentative
Tentative/DemandStar.com/Clerk's
_
Office
Contract Award by Wellington Council
TBD
_
TBD
3. NOTIFICATIONS: Respondents are advised that http:Hwww.demandstar.com is the preferred sourcing of notices, addendum, bids and
other documented communications. Wellington is not under any obligation and does not guarantee that Bidders will receive email
notifications concerning the posting, amendment or close of solicitations. Vendors are responsible to check
http:Hwww.demandstar.com for information and updates concerning solicitations or contact the Purchasing Division on the
information listed above.
4. TERMS AND CONDITIONS: The completed Bid must be submitted in a sealed envelope clearly marked with the Bid Title and Bid number
to the Clerk's Office, Village of Wellington, 12300 Forest Hill Blvd. Wellington, Florida 33414 no later than local time on stated TIMELINE.
ORDER OF PRECEDENCE: All responses are subject to the requirements, specifications, terms and conditions of the sections of this
solicitation which, in case of conflict, shall have the order of precedence listed:
1. Bid acknowledgement Cover Page 5. General Terms and Conditions 7. Schedule of Values & Ordering
2. Instructions to Bidders 6. General Instructions to Instructions and Forms
3. Special Terms and Conditions Bidders
4. Technical Specifications
Wellington objects to and shall not consider any additional terms or conditions submitted by a Bidder, including any appearing in
documents attached as part of any response. In submitting its response, the Bidder agrees that any additional terms or conditions,
whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the solicitation requirements,
specifications, terms and conditions, including those specifying information that must be submitted with a response, shall be grounds
for rejecting a bid or response.
S. NPDES REQUIREMENTS: As part of Wellington's National Pollutant Discharge Elimination System (NPDES) requirements, applicable
vendors awarded a contract by Wellington may be required to achieve training which may include but not be limited to a live
presentation and/or video presentation. Such vendor(s) shall be responsible for all costs associated with the training. Training applies
to the following NPDES sections:
(a) Part III.A.7.c — Illicit Discharges and Improper Disposal- Investigation of Suspected Illicit Discharges and/or Improper Disposal
(b) Part III.A.7.d — Illicit Discharges and Improper Disposal- Spill Prevention and Response
(c) Part III.A.6 — Pesticides, Herbicides, and Fertilizer Application (Must be trained through the Green industry BMP Program
offered through Palm Beach County Extension Services) as determined to comply with NPDES requirements.
(d) Part III.A.9.c — Construction Site Runoff- Site Operator Training (Florida Stormwater, Erosion and Sedimentation Control Inspector
Training and Certification Program offered annually and sponsored by the Palm Beach County MS4 NPDES permittees).
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6. ACCEPTANCE AND REJECTIONS: Wellington reserves the right to accept or reject any or all Bids (in whole or in part) with or without
cause, to waive any technicalities, irregularities or formalities, or to accept the Bid(s) which in its judgment best serves Wellington.
7. QUALIFICATIONS OF BIDDERS: Bidder shall have the following qualifications:
a. Bidder shall have been in business and have a minimum of three (3) years experience in providing the services specified
under this solicitation.
b. Bidder must provide evidence of tennis court maintenance services for 16 subsurface watering HarTru courts with in
the last three (3) years
c. Supervisory personnel used to oversee the required maintenance shall have a minimum of three (3) years of
experience in maintaining subsurface watering HarTru tennis court.
d. Provide a maximum of three (3) similar references during the past three (3) years where bidder has provided tennis
court maintenance services. References and prior experience form on Page 22 of the bid documents shall be used.
e. Bidder shall be properly licensed for the work to be performed under this solicitation.
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GENERAL TERMS AND CONDITIONS
1 SEALED BIDS: All bid sheets and this form must be executed and submitted in a sealed envelope as per stated TIMELINE above. The
face of the envelope shall contain, in addition to the above address, the date and time of the bid opening and the bid number. Bids not
submitted on attached bid form shall be rejected. All bids are subject to the conditions specified herein. Those which do not comply
with these conditions are subject to rejection. Neither the Village of Wellington nor its representatives shall be liable for any expenses
incurred in connection with the preparation, submission or presentation of a response to this ITB.
2 EXECUTION OF BID: Any illegible entries, pencil Bids or corrections not initialed will not be tabulated. The original Bid conditions and
specifications together with bidder's response CANNOT be changed or altered in any way after submitted. Bid must contain a manual
signature of authorized representative in the space provided above. Bid must be typed or printed in ink. Use of erasable ink is not
permitted.
PRICES QUOTED AND CASH DISCOUNTS: Firm net prices must be quoted and both unit price and extended totals must be provided.
When requested, prices must be stated in the units of quantity specified in the Bid specifications. In case of discrepancy in computing
the amount of the Bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise
stated in special conditions). Discount options to be given for prompt payment must be made aware of. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or
items in with any other item or items. All prices quoted shall be fixed per initial term of Bid/Contract unless otherwise specified in
Special Conditions.
4 TAXES: Wellington is exempt from all Federal Excise and State taxes. The applicable tax exemption number is shown on the Purchase
Order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal
property in the performance of contracts for the improvement of Wellington owned real property as defined in Chapter 192, F.S.
5 MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, Bid prices and
extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. Only Wellington reserves
the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest
of the Wellington. Wellington may reject any response not submitted in the manner specified by the solicitation documents.
6 MANUFACTURERS NAME AND APPROVED EQUIVALENTS: Any manufacturers' names, trade names, brand names, information and/or
catalog numbers listed in a specification are for information and not intended to limit competition. The bidder may offer any brand for
which he is an authorized representative, which meets or exceeds the specifications for any item(s).
If and whenever in the Bid specifications that a brand name, make, name of any manufacturer, trade name or vendor catalog number
is mentioned it is for the purpose of establishing a grade or quality of material only. Reference to literature submitted with a previous
bid will not satisfy this provision. Since Wellington does not wish to rule out other competition and equal brands or makes, the phrase
"OR EQUAL" is added. However, if a product other than that specified is bid on, it is the vendor's responsibility to name such a product
within his/her bid and proves to Wellington that said product is equal to that specified and to submit brochures, samples, and or
specifications in detail on item(s) submitted. Wellington reserves the right to determine acceptance of item(s) as an approved
equivalent.
(a) UNIT OF MEASUREMENT (UOM): Bid price and extension given per line item(s) must be converted to reflect prescribed UOM in the
bid form.
(b) SUBSTITUTIONS: Wellington, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the specific
material and brand quoted in their Bid once awarded. Any substitute shipments will be returned at the bidder's expense. When NO
SUBSTITUTION is used in combination with a manufacturer's name, brand name and/or model number that named item is the only
item that will be accepted by Wellington.
(c) OPEN MARKET PURCHASE: If to the extent materials and/or services cannot be obtained through successful bidder because of
conformity, Wellington may purchase on the open market. Any increase in cost may be charged against the Proposer. Any violation
of these stipulations may also result in bidders' Name being removed from the vendor list.
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(d) UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be
U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished.
7 MATERIALS/PRODUCTS QUALITY: Items may be tested for compliance with specifications. Any item delivered, not conforming to
specifications, may be rejected and returned at bidder's expense. These items and items not delivered as per delivery date in Bid
and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder.
DEFAULT/FAILURE TO PERFORM: Wellington shall be the sole judge of nonperformance, which shall include any failure on the part of
the successful bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time
stipulated. Upon default by the successful bidder to meet any terms of this contract, the Purchasing Division will notify the bidder three
(3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the
required three (3) days shall result in the contract being terminated and upon the Purchasing Division notifying in writing the contractor
of its intentions and the effective date of the termination. The following shall constitute default: Wellington may terminate the Contract
if the Bidder/Contractor/Offeror fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain
adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory,
regulatory, or licensing requirement. Any violation of these stipulations may also result in Bidder's Name being removed from the
vendor list.
INTERPRETATIONS: Unless otherwise stated in the Bid, any questions concerning conditions and specifications should be submitted in
writing to The Purchasing Division before Bid opening date with address stated above. Inquiries must reference the date of bid opening
and bid number. No interpretation shall be considered binding unless provided in writing by Purchasing Division in response to requests
in full compliance with this provision. Bidder must submit to Wellington Purchasing Division at least seven (7) calendar days prior to
scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting
the request will be responsible for its timely delivery.
10 DISPUTES: A prospective bidder, proposer or offeror may submit a protest in writing to the Purchasing Manager challenging the terms,
conditions, or specifications of a competitive solicitation, including any provision governing the methods for ranking bids, proposals, or
replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract. The foregoing
notwithstanding, a protest may not challenge the relative weight of the evaluation criteria or the formula specified for assigning points
therefore contained in the competitive solicitation. The protest must be filed within three (3) days (excluding Saturdays, Sundays and
legal holidays) after the public posting or advertising of the competitive solicitation. Failure to file a protest as to the terms, conditions,
or specifications of a competitive solicitation shall be deemed a waiver of the right to protest on those grounds. Prior to the award of
any contract, bidders, proposer(s) or offeror(s), may submit a protest in writing to the Purchasing Manager. The protest must be filed
within (3) days (excluding Saturdays, Sundays and legal holidays) after the posting of the Notice of Intended Award for public viewing
at Wellington's Clerk's Office. All bidders, proposers, offerors or contractors affected by the intended award of contract will also be
notified by the Purchasing Manager, via Demandstar.com or other means, of the intended award posting. Notwithstanding the above,
it is the responsibility of all bidders, proposers, offerors or contractors affected by the proposed award to review the public posting of
the intended award, and the deadlines to protest set forth herein shall not be enlarged based upon a claim of lack of knowledge thereof.
Additionally, in order to maintain a protest, a protestor must have standing pursuant to established Florida case law. Protests filed by
a person or entity who does not have standing may be summarily denied without further action or decision.
In order to defray a portion of the administrative costs associated with a protest, all protests shall be accompanied by a filing fee in the
form of a cashier's check or money order for an amount equal to one percent (1%) of the total estimated contract value, but not less
than $1,000 nor more than $10,000. Failure to pay the filing fee shall result in a denial of the protest. In the event that a protest is
upheld, the filing fee shall be refunded to the protestor. For specific procedures on how to file a formal protest, refer to Chapter 9,
Village of Wellington Purchasing Manual.
11 LOBBYING/CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach
County Code of Ordinances, Wellington imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation
from the time of advertisement and shall remain in effect until Council awards or approves a contract, rejects all bids or responses, or
otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or
indirectly communicate with any member of Council or their staff, the Manager, any employee of Wellington authorized to act on
behalf of Wellington in relation to the award of a particular contract, or member of the Selection Committee in reference to the
solicitation, with the exception of the Purchasing Agent or designee. (Chapter 9, Village of Wellington Purchasing Manual and Section
2-355 of the Palm Beach County Code of Ordinances). Failure to abide by this provision may serve as grounds for disqualification for
61 Page
award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction
voidable.
The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations
before Selection Committees, and contract negotiations during any public meeting, presentations made to the Council, and protest
hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any
dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written
correspondence with Wellington as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply
to any purchases made in an amount less than the competitive solicitation threshold set forth in this Manual.
12 AWARDS: Wellington reserves the right to reject any and all Bids or any portion of any Bid deemed necessary in the best interest of
Wellington; to accept any item or group of items; to acquire additional quantities at prices quoted on the Bid Form unless additional
quantities are not acceptable, in which case the Bid Form must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards made as
a result of this Bid shall conform to applicable Federal, State, County, Local laws, ordinances, rules and regulations. No bid will be
accepted from, nor will any contract be awarded to any person or firm which is in arrears to Wellington upon any debt or contract or
which is a defaulter as surety or otherwise upon any obligation to Wellington or who has failed to perform faithfully any previous
contract with Wellington.
If the Bidder is in default, Wellington, through the Purchasing Division, will void its acceptance of the Bidder's offer and may determine
to select the second lowest responsive, responsible Bidder for award or re -solicit Bids. Wellington may, at its sole option, seek monetary
restitution from the defaulting Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting
future Bids for a period of one year.
(a) No bid may be withdrawn for a period of 120 days after time of award by Wellington Council.
(b) As the best interest of Wellington may require, the right is reserved to make award by individual item, group of items, all or none,
or multiple vendors. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive,
responsible and determined to provide the overall best Value to Wellington.
(c) LOCAL PREFERENCE POLICY: Preferable consideration is given when awarding contract in accordance with the Wellington's Local
Preference Policy found in Chapter 9, of Wellington's Purchasing and Procurement Manual, as amended from time to time. This
Preference includes:
(1) Western Communities local business with permanent location and headquarters zoned within the boundaries west of the
Florida Turnpike, north of Lantana Road, south of Okeechobee Boulevard and U.S. Highway 98, east of Palm Beach County
western boundary;
(2) Palm Beach County local business with principal permanent location and corporate headquarters within Palm Beach County,
Florida.
(d) Wellington reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional
period; provided that such option is stipulated in the Special Conditions and is contained in any contract ultimately awarded in
regard to this Bid.
(e) Wellington reserves the right to automatically extend any contract for a maximum period not to exceed ninety (90) calendar days
in order to provide Wellington user departments with continual service and supplies while a new contract is being solicited,
evaluated and/or awarded.
(f) While Wellington may determine to award a contract to a Bidder(s) under this Invitation to Bid, said award may be conditional on
the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of any
conditional award if any of these documents are not submitted in a timely manner and in the form required by Wellington. If the
Bidder is in default, Wellington, through the Purchasing Division will void its acceptance of the Bidder's offer and may determine to
select the second lowest responsive, responsible Bidder or re -solicit Bids. Wellington may, at its sole option, seek monetary
restitution from the defaulting Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from
submitting future Bids for a period of one year.
13 BID OPENING: Bids shall be opened and publicly read at 12300 Forest Hill Blvd, Wellington, Florida 33414 on the date and at the time
specified on the Bid Form. All Bids received after that time shall be returned, unopened. It is the bidders' responsibility to assure that
his bid is delivered at the proper time and place before time of bid opening.
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16 LEGAL REQUIREMENTS: Federal, State, County and Local laws, ordinances, rules and regulations that in any manner affect the items
covered herein apply. Lack of knowledge by any bidder will in no way be a cause for relief from legal responsibility.
17 INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and
defend Wellington, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which
may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the
course of performing services caused by the goods provided pursuant to these bid documents and/or resultant contract.
18 OSHA: The bidder warrants that the product and services supplied to Wellington, Florida shall conform in all respects to the standards
set forth in the Occupational Safety and Health Act of 1970 and Chapter 442 FL. Statutes, as amended. The failure to comply with these
conditions will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements
shall be borne solely by the bidder responsible for same.
19 SAFETY PRECAUTIONS: The bidder shall, if required, maintain suitable and sufficient guards and barriers and, at night, suitable and
sufficient lighting for the prevention of accidents and all minimum safety standards required by municipal, County, State and Federal
ordinances and laws shall be strictly met by the bidder.
20 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence.
21 NON-DISCRIMINATION: The bidder shall not unlawfully discriminate against any person in its operation and activities or in its use or
expenditure of funds in fulfilling its obligations under this solicitation. Bidder shall affirmatively comply with all applicable provisions of
the Americans with Disabilities Act (ADA) in the course of providing any services funded by this solicitation, including Titles I and II of
the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition,
Bidder shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but
not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruiting advertising, layoff, termination,
rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship) and accessibility.
Bidder's decisions regarding the delivery of goods or services under this solicitation shall be made without regard to or consideration
of race, age, religion, color, gender, sexual orientation, gender identity, gender expression, national origin, marital status, physical or
mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery.
22 QUALITY AND CONDITION: All materials used for the manufacture or construction of any supplies, materials or equipment covered by
this Bid shall be new. The items Bid must be new, unless recycled materials are certified by bidder, the latest model, of the best quality,
and highest grade workmanship.
23 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto Wellington property to deliver
materials or perform work or services as a result of a Bid award, the successful bidder will assume the full duty, obligation and expense
of obtaining all necessary licenses, permits and insurance and assure all work complies with all Palm Beach County and Village of
Wellington building requirements and the Florida Building Code. The bidder shall be liable for any damages or loss to Wellington
occasioned by willful, wanton or gross negligence of the bidder (or agent) or any person the bidder has designated in the completion
of the contract as a result of the Bid.
24 PAYMENT BONDS, PERFORMANCE BONDS, AND CERTIFICATES OF INSURANCE: After acceptance of Bid, The Village of Wellington will
notify the successful bidder to submit a payment, performance bonds (if required) and certificate of insurance in the amount specified
in Special Conditions.
25 CANCELLATION: Wellington reserves the rights to cancel in whole or in part this contract by written notice to the contractor at any time
and for any reason in accordance with this clause when Wellington determines that it's in the best interest of Wellington. Cancellation
shall be in effective the date specified in the notice should any of the following apply:
(a) The contractor is determined by Wellington to be in breach of any of the terms and conditions of the contract and/or to have failed
to perform his/her services in a manner satisfactory to Wellington. An equitable adjustment in the contract price shall be made
for completed service. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract.
(b) Wellington has determined that such cancellation will be in the best interest of Wellington to cancel the contract for its own
convenience.
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(c) Funds are not available to cover the cost of the services. Wellington's obligation is contingent upon the availability of appropriate
funds.
26 INVOICING AND PAYMENT: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to
Accounts Payable at the prices stipulated on the contract at the time the order is placed, after acceptance of services, less deductions
if any, as provided. Failure to follow these instructions may result in delay in processing invoices for payment. PURCHASE ORDERS.
Services are ordered by Wellington via purchase order; Contractor shall not deliver or furnish products until Wellington transmits a
purchase order. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or
acknowledgement shall be resolved in favor of terms most favorable to Wellington. PAYMENT: Any actual or prospective Bidder, offeror
or Contractor who is aggrieved in connection with a solicitation or award of a Bid or Contract may avail themselves of the procedures
contained in Ordinance 98-36 in order to resolve disputed matters or complaints. Payment will be made pursuant to Fla. Stat. § 218.70,
Local Government Prompt Payment Act.
27 FACILITIES: Wellington reserves the right to inspect the bidder's facilities at any time with prior notice.
28 BID TABULATIONS: Bidders desiring a copy of the Bid tabulation may request same by enclosing a self-addressed stamped envelope
with the Bid. Bid tabulations with recommended awards will be posted for review by interested parties at the Clerk's Office were
delivered and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida
Statutes or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver
of proceedings under Chapter 120, Florida Statutes.
29 APPLICABLE LAW AND VENUE: The law of the State of Florida shall govern the contract between Wellington and the successful bidder
and any action shall be brought in Palm Beach County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing
party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney fees,
which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation.
30 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of any contract, including any or all of its
right, title, or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written
consent of Wellington, which consent may be withheld.
31 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulation building code requirements applicable to the work contemplated herein.
32 OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation,
if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services
awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the
requesting agency.
33 WARRANTIES OF USAGE: Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee
of quantities needed is given or implied. It is understood that the Contractor will furnish Wellington's needs as they arise.
34 PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity,
may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit
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 my not transact business with any public entity in excess of the threshold
amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
35 CONFLICT OF INTEREST: The award is subject to any and all applicable conflict of interest provisions found in the policies or Code of
Ordinances of Wellington, the Palm Beach County Code of Ethics and Ch. 112, Part III, Florida Statutes. All Bidders must complete the
Conflict of Interest Statement attached hereto. The Bidder's duty to disclose is of a continuing nature and any conflict of interest shall
be immediately brought to the attention of WELLINGTON.
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36 NON -COLLUSION: Bidder certifies that this offer is made without prior understanding, agreement, or connection with any corporation,
firm or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without
collusion or fraud.
No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any
violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services and the possible
removal from the vendor Bid list(s).
37 PUBLIC RECORDS: All material submitted regarding this bid becomes the property of Wellington. Bids may be reviewed by any person
thirty (30) days after the public opening or after an intended decision is announce, whichever is earlier. Bidders should take special
note of this as it relates to any proprietary information that might be included in their offer. Fla. Stat. § 119.07
Any resulting contract may be reviewed by any person after the contract has been executed by Wellington. Wellington has the right to
use any or all information/material submitted in response to this bid and/or any resulting contract from same. Disqualification of a
bidder does not eliminate this right.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1190
FLORIDA STATUTES, OR TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CHEVELLE D. ADDIE AT
561-791-4000, CADDIE@WELLINGTONFL.GOV , 12300 FOREST HILL BLVD. WELLINGTON, FL
33414.
38 TIE BIDS: If, after application of the Local Preference, or in instances where the local preference does not apply, two or more bidders
or proposers are tied, the following criteria will be used to break the tie:
(a) Delivery time —time for performance, if provided in the bid or proposal
(b) Certification of a "Drug Free Workplace Program" which meets the criteria established if F.F., Section 287.087
(c) If application of the above criteria does not resolve the ties, the award will be given to the bidder or proposer whose bid was
received earliest by Wellington. And as indicated by the time clock stamp impressed upon the bid or proposal.
39 ADDITION OR DELETION OF TERMS OR CONDITIONS: No addition or deletion of the terms or conditions included with the bid response
shall be evaluated or considered and any and all such revisions shall have no force and effect and are inapplicable to this bid. If submitted
either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price
lists or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions
applicable to this bid and the bidders authorized signature affixed to the bidder acknowledgment form attests to this.
40. PALM BEACH COUNTY INSPECTOR GENERAL: In accordance with Palm Beach County ordinance number 2011-009, the offeror
understands that any Contract that results from this ITB may be subject to investigation and/or audit by the Palm Beach County
Inspector General. The offeror has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or
obligations under such ordinance.
41. SCRUTINIZED COMPANIES: Pursuant to sections 215.4725 and 287.135 of the Florida Statutes, by entering into this solicitation, BIDDER
certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform or benefit hereunder, are not on the
Scrutinized Companies that Boycott Israel List and are not participating in a boycott of Israel. If this solicitation is valued greater than
$1 million, BIDDER further certifies pursuant to sections 215.473 and 287.135, Florida Statutes, that it, its affiliates, suppliers,
subcontractors, and consultants who will perform or benefit hereunder, (a) have not been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and (b) do not have business
operations in Cuba or Syria. Submitting a false certification shall be deemed a material breach of this solicitation. If the Village
determines, using credible information available to the public, that BIDDER has submitted a false certification, the Village may terminate
Contract and pursue the remedies set forth in section 287.135, Florida Statutes, and any other available remedies.
42. E -VERIFY - COMPLIANCE WITH F.S. 448.095: Wellington requires all contractors and subcontractors to register with the U.S.
Department of Homeland Security's E -Verify system to verify the work authorization status of their newly hired employees. All
contractors performing work for Wellington are required to provide proof of registration with the E -Verify System and must provide an
affidavit stating that each subcontractor it hires does not employ, contract with, or subcontract with an unauthorized alien.
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PURPOSE: The purpose and intent of this invitation to bid is to secure firm fixed pricing and establish a term contract for the Tennis
Court Maintenance Services at the Village of Wellington's Tennis Complex as specified herein.
TERM OF CONTRACT: The term of the contract shall be for five years from date of award, and by mutual agreement between Wellington
and the awardee(s), be renewable for five additional one year periods. Wellington reserves the right to exercise the option to renew
annually (subject to the appropriation of funds), not to exceed a maximum of 10 years.
Annual renewals will be based upon mutual agreement between Wellington and vendor, and by incorporating the same terms and
conditions. Renewals will be by a written notice from Wellington, and acceptance by the awarded vendor(s). The written notice will
generally be provided about ninety (90) days prior to the contract expiration date. The pricing submitted for the initial period of the
contract will remain fixed. There will be no allowable price escalations for services, materials, or fuel costs throughout the initial term
of the contract.
ESCALATION AND DE-ESCALATION DURING RENEWAL: Upon the anniversary date of each renewal period, the awarded vendor may
submit a requested price increase per individual item unit cost to the Purchasing Division in writing, ninety (90) days prior to the renewal
period. Wellington will consider such price increase based on the most recent Consumer Price Index and/or proof of a manufacturer's
price increase. If the most recent CPI or market reflects a de-escalation of prices, the successful bidder will extend such prices.
Wellington reserves the right to accept or reject the price increase and may choose to re -bid the contract if it is deemed to be in the
best interest of Wellington. The contract will be extended 90 days beyond the contract expiration date, if needed. Bidders agree to this
extension when they sign their bid document for the initial period.
METHOD OF AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be
provided for this contract to meet the specifications denoted herein at a paramount level.
Once opened, the bids will be tabulated and evaluated by Wellington before recommendation and/or notice of intent to award.
Wellington, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. Wellington further
reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of
Wellington to award the bid to the lowest bidder, or any bidder. Wellington reserves the right to make the award to a responsible
bidder submitting a responsive bid most advantageous and in the best interest of Wellington. Wellington shall be the sole judge of the
bids and Wellington's decision shall be final.
In order to meet the needs of various departments and the best interest of the Village of Wellingtons, awards may be made to multiple
qualified vendors. The selected awardee(s) shall be bound by all terms, conditions, and requirements in these documents and is hereby
placed on notice that acceptance of this bid by Wellington shall constitute a binding contract.
Wellington intends to award a contract (s) to the lowest, responsive, responsible bidder(s) for the specified services within this bid
document, taking into consideration experience, staffing, equipment, materials, references and past performance. In case of disputes
in the award. of the contract, the decision of Wellington shall be final and binding on both parties.
SCHEDULE OF VALUES: Bidders must bid on all individual line items as outlined in the Bid form. Failure to not bid on all items will be a
basis for disqualification. No work shall begin without a Purchase Order issued by Wellington.
PAYMENT: Payment will be made upon receipt and acceptance of the complete work. No down or partial down payments will be
made.
PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder(s) is awarded a contract under this solicitation, the prices
quoted by the bidder on the Bid Form shall remain fixed and firm during the term of contract; provided, however, that the bidder may
offer incentive discounts from the fixed price to Wellington at any time during the contractual term.
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INSURANCE: The Contractor will deliver to Insurance Tracking Services, Inc. (ITS), Village of Wellington authorized insurance consultant,
a certificate of insurance with respect to each required policy to be provided by the Contractor. The required certificates must be signed
by the authorized representative of the Insurance Company shown on the certificate.
Submit certificates of insurance to:
Certificate Holder Address:
(Certificates need to include the following as the Certificate Holder)
Village of Wellington
c/o Insurance Tracking Services, Inc. (ITS)
400 Oceangate, Suite 450
Long Beach, CA 90802
Email: VOW@instrackins.com or
Facsimile: +1(562) 435-2999
Cancellation and/or Modification of Insurance Coverage
Each insurance policy supplied by the Contractor must be endorsed to provide that the coverage shall not be suspended, voided,
canceled or reduced in coverage or in limits except after ten (10) days written notice in the case of non-payment of premiums, or
thirty (30) days written notice in all other cases, has been given to Village of Wellington and such notice is by postal mail, return
receipt requested. This notice requirement does not waive the insurance requirements contained herein.
Renewal Policies
The Contractor shall promptly deliver to ITS a certificate of insurance with respect to each renewal policy, as necessary to
demonstrate the maintenance of the required insurance coverage for the terms specified herein. Such certificate shall be delivered to
ITS not less than five (5) business days before to the expiration date of any policy.
Bidders must submit with their bid proof of insurance meeting or exceeding the following requirements or a letter of intent, to provide
the following requirements if awarded the contract:
• Worker's Compensation Insurance — as required by law. The Village of Wellington will not accept filed certificates of exemption
forms for Worker's Compensation Insurance. This policy must include Employer's Liability with the following limits - $500,000
for accident, $500,000 disease policy limit, and $500,000 disease each employee
• General Liability Insurance - $1,000,000 general aggregate, $1,000,000 per person, $1,000,000 each occurrence and
$1,000,000 per accident for bodily injury
• Automobile Liability Insurance for owned vehicles, non -owned vehicles & hired vehicles — coverage shall provide minimum
limits of liability of $1,000,000 per accident Combined Single Limit for Bodily Injury and Property Damage. This coverage shall
be an "Any Auto" type policy.
The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State
of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide.
The successful bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a
Certificate of Insurance naming the Village of Wellington as additional insured.
CONTACT PERSON: For any additional information regarding the specifications and requirements of this bid, contact: Danielle
Zembrzuski dzembrzuski@wellinetonfl.sov 561-791-4107.
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BID CLARIFICATION: Any questions or clarifications concerning this Bid shall be submitted in writing by mail, facsimile or email to the
Purchasing Division, 12300 Forest Hill Blvd, Wellington, Florida 33414, EMAIL dzembrzuski@wellinstonfl.gov. The bid title/number shall
be referenced on all correspondence. All questions must be received no later than stated in this BID TIMELINE. All responses to
questions/clarifications will be communicated in the form of an addendum or Request for information (RFI). NO QUESTIONS WILL BE
RECEIVED VERBALLY OR AFTER SAID DEADLINE.
GUARANTEE: The successful bidder will be required to guarantee all products and services supplied to be in compliance with the
specifications. Any and all services found not to be in compliance must be removed immediately and replaced at bidder's expense.
COMPLETE PROJECT REQUIRED: These specifications describe the services required, enumerating or defining the extent of same
necessary, but failure to list any items or classes under scope of the several sections shall not relieve the bidder from furnishing or
delivering where required by any part of these specifications to the satisfaction of Wellington.
BID SUBMITTAL: All bids submitted shall include the completed Bid Form and all required product information and any other items as
indicated on the Bid Form. Bids may be considered "Non -Responsive" if the required information is not submitted by the date and time
specified. Before submitting bid, each bidder shall make all investigations and examinations necessary to ascertain if any addendums
were issued by the Purchasing Division.
LATE BIDS: The Wellington cannot be responsible for bids received after opening time and encourages early submittal.
EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive.
COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To
be considered a valid proposal, the ORIGINAL AND A PDF (CD) COPY of the Invitation for Bid and Bid Form pages must be returned,
properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions.
ESTIMATED QUANTITIES: Quantities stated are for bidders' guidance only and no guarantee is given or 'implied as to quantities that
will be used during the contract period. Said estimated quantities will be used by Wellington for the purpose of evaluating the low
bidder meeting specifications
SUBCONTRACTORS: Bidder shall submit a list of the names of the subcontractors proposed for any portions of the Work. The names,
addresses, phone and fax numbers must be listed on the "Questionnaire" included in this Bid document. Wellington reserves the right
to approve any subcontractor(s) named and to recommend subcontractor(s) prior to award. No Bidder shall be required to employ any
subcontractor against whom he has reasonable objection.
ACCEPTANCE: Completion of the services for Wellington does not constitute acceptance for the purpose of payment. Final acceptance
and authorization of payment shall be given only after a thorough inspection indicates that the products and services meets contract
specifications and conditions. The products and services will be inspected and accepted by the using Department. Product and services
must be in conformance with the specifications and that the engineering materials and workmanship exhibit a level of quality and
appearance consistence with or exceeding industry standards. It will be the responsibility of the successful bidder to correct work found
unacceptable. After notification, the successful bidder will have three (3) working days to respond and make the necessary
arrangement to correct the work. Products or services not in compliance with bidder specifications are not eligible for, or considered
complete until corrections have been accomplished and in compliance.
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SPECIFICATIONS
The following are the general specifications covering the maintenance of the 21 subsurface watering HarTru tennis courts
at the Village of Wellington's Tennis Complex.
The work outlined herein shall include, but not be limited to, the maintenance tasks and opening procedures listed below.
Contractor agrees to furnish all supervision, labor and equipment as necessary to properly maintain the facility and
complete work specified herein. Contractor shall meet the qualifications list in Instructions to Bidders Item 7.
Contractor shall implement court maintenance based on industry standards as recommended by HarTru Inc.
No activity shall be carried out in a manner that will disrupt, inconvenience or endanger any tennis participant or spectator.
Failure to follow mandated safety practices or guidelines listed herein may result in termination for cause, at the Village's
discretion.
The Contractor shall be responsible for restoration of any damages that occur as a result of its operations, including, but
not limited to, damage to court surfaces, court irrigation system, damage to any facility equipment or furnishings, improper
equipment operation, pavement or paver damage from loading or unloading, fuel spills, and insufficient or improper
procedures. At the end of each maintenance day, all walks, drives, road surfaces, and open space areas will be free of any
loose materials, trash, and debris.
All personnel shall be required to wear proper attire. All personnel shall present a good appearance and maintain a
professional code of conduct.
Storage or provision for storage shall be made on site for maintenance equipment or materials.
All work specified herein, unless explicitly excluded, shall be part of the total amount of the bid.
The term of the contract shall be for three years from date of award, and by mutual agreement between Wellington and
the awardee(s), be renewable for two additional one year periods. Wellington reserves the right to exercise the option to
renew annually (subject to the appropriation of funds), not to exceed a maximum of 5 year renewals.
COURT AND FACILITY MAINTENANCE
Full maintenance responsibilities are required each day that the tennis complex is open. Court Maintenance will be
conducted in a manner conducive to the tennis complex's programming schedule. Flexibility of maintenance staff is
required due to weather conditions and/or matches extending beyond the scheduled times. Schedule will be determined
by the Village of Wellington's Tennis Manager or his designee.
DAILY:
Mornings:
Prepare 21 courts for 7:30 a.m. play.
• Brush court surface with soft bristled broom or steel bristled broom or use steel rake as court conditions
mandate.
• Brush lines pushing clay through at the net.
• Check and repair any dangerous/high lines.
• Wipe moisture from the tops of the nets and keep clean appearance.
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• Check water fountains and report any deficiencies.
• Dry all on court benches, bleachers, tables and water fountains.
• Use leaf blower to remove material from court aprons, sidewalks, building patios (2), and covered pavilion area
by ice machine.
Afternoons:
Court Grooming — will include but is not limited to the following:
• Brush court surface with soft bristled broom or steel bristled broom or use steel rake as court conditions
mandate. Alternate direction of brushing on a daily basis.
• Check and repair any dangerous/high lines.
• Check and retie windscreens as needed
• Inspect and repair any surface damage, divots, etc.
• Lute corners and perimeter.
• Lute under net.
• Lute corners and perimeter.
• Lute under net.
• Lute/rake around water fountains and trash receptacles.
• Brush lines pushing clay through at the net.
• Remove all court weeds.
• Report court conditions to tennis staff each visit.
Facility Court Maintenance — will include but is not limited to the following:
• Look for, collect, and dispose of any debris and garbage on the tennis property.
• Empty all garbage receptacles on and off court as needed.
• Garbage and trash will be taken to the dumpster.
• Report any problems (faulty equipment, broken furniture, etc.).
*Building Maintenance to be provided by Wellington
WEEKLY:
A thorough court inspection will be completed by Village personnel with Maintenance Supervisory staff. The
following items will be completed based on the results of the inspection:
• Remove dead material.
• Inspect and repair any surface damage.
• Repair divots (lute & redress).
• Repair low areas.
• Thoroughly inspect all lines. Repair/replace nails as needed, making all lines safe for play.
• Heavily scarify with lute entire perimeter, area near and around water fountains, and area below on court
benches to remove algae, hard panning, weeds, etc.
• Add hydro blend as needed to maintain 1 inch of green rock.
• Roll courts following the recommendation of the aforementioned industry standards to attain proper compaction
and to keep nails and lines safe.
• Irrigation will be observed and problems/issues reported to the Tennis Manager.. The Village of Wellington
currently utilizes a sub -surface watering system.
• Perimeter curbing:
15
1. Inspect obstructions along court perimeter that may affect surface drainage.
2. Remove build-up of surface material from top of curbing.
3. Inspect and report necessary curbing repairs.
ADDITIONAL WEEKLY TASKS:
• Clean top of nets to remove mold/mildew.
• Check nets and set center strap to achieve correct net heights.
• Clean exterior and interior of all facility trash receptacles.
• Wash and clean benches.
• Shine all water fountains.
• Shine ice machine.
Additional Items:
• Maintain the tread blasters.
• Replacement and maintenance of irrigation equipment is the responsibility of the Village.
• Contractor shall purchase and store HarTru material for maintenance of the courts.
• Contractor shall provide all equipment needed to perform the services specified herein.
• Contractor shall store equipment on-site (carts, rollers, material, etc)
161 Page
BID PROPOSAL CHECKLIS
Note: Please submit your bid in this order for electronic and paper bids.
YES_ NO_ 1. Bid submittal — If submitting a paper bid 4 one (1) original and one (1) PDF (CD) copy or flash drive
YES_ NO_ 2. Bid Cover Page
YES_ NO_ 3. Acknowledgment of addendums (if any)
YES NO 4. Bid Submittal
YES_ NO_ 5. Schedule of Value
YES NO 6. Questionnaire
YES_ NO_ 7. Drug Free Workplace
YES_ NO_ 8. Sworn Statement under Section 287.133(3) (a)
YES_ NO_ 9. Certification Pursuant To Florida Statute § 215.4725
YES_ NO_ 10. Wellington Local Preference Form
YES NO 11. Conflict of Interest
YES NO 12. Non -Collusion Affidavit
YES NO 13. Insurance Certificates
YES_ NO_ 14. Copy of Appropriate Licenses
YES_ NO_ 15. E -Verify MOU (Memorandum of Understanding)
171 Page
To
Village of Wellington
12300 Forest Hill Blvd.
Wellington, Florida 33414
(Vendor)
BID SUBMITTAL
agrees to provide material and services for the Tennis Court Maintenance Services in accordance with the requirements and
specifications of the Bid Documents for the Village of Wellington as specified.
Gentlemen:
The undersigned Bidder has carefully examined the Specification requirements, Bid/Contract Documents and is familiar with the nature
and extent of the Work and any local conditions that may in any manner affect the Work to be done.
The undersigned agrees to provide the service called for by the Specifications and Bid Documents, in the manner prescribed therein
and to the standards of quality and performance established by the Wellington for the Bid price stated in the spaces herein provided.
The undersigned agrees to the right of the Wellington to hold all Bids and Bid guarantees for a period not to exceed one hundred and
twenty (120) days after the date of Bid opening stated in the Invitation to Bid.
The undersigned accepts the invoicing and payment policies specified in the Bid.
Contractor's Signature
Dated this day of
(Month) (Year)
181 Page
SCHEDULE OF VALUES
Item
Description
Quantity
Unit of
Measure
Monthly Price
Annual Price
1
Tennis Court Maintenance Services
12
Month
per bid documents and
specifications.
Total Annual Price
191 Page
UESTIONNAI
The following Questionnaire shall be completed and submitted in with the Bid. By submission of this Bid, Bidder guarantees the truth and accuracy of
all statements and answers herein contained.
1. How many years has your organization been in business?
2. What is the last project of this nature that you have completed?
3. Have you ever failed to complete work awarded to you? If so, where and why?
4. Has the bidder or his or her representative inspected the proposed site and does the Bidder have a complete plan for its performance?
5. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of the percent
(10%) of the contract amount and the work that will be performed by each subcontractor(s).
6. What equipment do you own that is available for the work?
{,
7. What equipment will you purchase for the proposed work?
8. What equipment will you rent for the proposed work?
9. State the name of your proposed project manager and give details of his or her qualifications and experience in managing similar jobs.
10. The address of principal place of business is
11. The names of the Corporate Officers, or Partners, or Individuals doing business under a trade name, are as follows:
12. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers.
201Page
13. List and describe all bankruptcy petitions (Voluntary or Involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or
predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition.
14. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions
should include claims against the bond of the Bidder and its predecessor organization(s).
15. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last
five (5) years. The list shall include all case names; case, arbitration, or hearing identification numbers; the name of the project over which the
dispute arose; and a description of the subject matter of the dispute.
16. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or
predecessor organization (s) were defendants.
17. Has the Bidder, its principals, officers, or predecessor organization(s) been debarred or suspended from bidding by any government during the last
five (5) years? If yes, provide details.
18. List and disclose any and all business relations with any members of Wellington Council.
211 Page
REFERENCES AND PRIOR EXPERIENCE (PRIME CONTRACTOR)
Bidder Company Name:
Bidder shall provide detailed summary of prior experience evidencing successful completion of similar services as described in the bid
documents (in scope and complexity). The Bidder shall provide current names and telephone numbers of agency references for each
project provided.
PROJECT NAME:
Owner/Reference Name:
Owner/Reference Contact:
Name
Phone
Service Location:
Service Description:
Was the Bidder Prime Contractor or Subcontractor?
List project scope similarities:
Contract Value $
Start Date
Email
Title
NOTE: Include additional pages with the same format to list other projects as proof of prior experience. List a maximum of three (3)
similar projects/services.
FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE
221Pafe
DRUG FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. In order to have a
drug-free workplace program, a business must attest to the following:
1. We 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. We inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. We give each employee engaged in providing the commodities or contractual services that are
under Bid a copy of the statement specified in subsection (1).
4. We, 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. We 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. We 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.
Contractor's Signature
231 1
SECTION 287.133(3)(a),
JBLIC ENTITY GiWES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to Village of Wellington by
[print individual's name and title]
for
[print name of entity submitting sworn statement]
whose business address is
Employer Identification Number (FEIN) is
and (if applicable) its Federal
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
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 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.
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 jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. 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 agreement, 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.
I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized 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.
Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please 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 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 the officers, directors, executives, partners, shareholders, employees, members, or agents
who are active in 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]
241 Page
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FORTH E 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 CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
STATE OF
(signature]
COUNTY OF
[date]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ day of
20_ by as (INSERT TITLE), of
[INSERT NAME OF ENTITY— ie: corporation, limited liability company, etc.), (insert status ie: a
corporation existing under the laws of the State of ), ❑ who is personally known to me or ❑ who has produced as identification
Driver's License #
Notary Public Signature and Seal
251 Page
or (other identification) (describe)
Print Notary Name and Commission No.
CERTIFICATION PURSUANT TO FLORIDA STATUTE § 215.4725
on behalf of
Print Name
does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
Company Name
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
Signature
Title
Date
261 Page
certifies
TO BE
AL BUSINESS IN ACCRDACE �I
APPLIVIILLAGE OF WELL NGTON FOR DC OCAL PREFERENCE POLICY:M
Wellington gives preference to local businesses in certain purchasing situations as set forth in Chapter 9 of Wellington's Purchasing and Procurement
Manual. In order to be considered a local business, entitled to be given preference, the business must make application with Wellington and meet
one of the following criteria as such is more fully set forth in Chapter 9, of Wellington's Purchasing and Procurement Manual:
Chapter 9, LOCAL PREFERENCE
Western Communities Local Business - For the purpose of determining a "Western Communities local business" a vendor must have a principal
permanent business location and headquarters within Wellington of Wellington, Florida or west of the Florida Turnpike to the Palm Beach County
western boundary line as depicted in Exhibit "A" hereto. This applies to all entity formations, including, but not limited to, limited liability
companies, partnerships, limited partnerships and the like or sole proprietors. Further, the entity or sole proprietor must provide that it, he or she
has been domiciled and headquartered in the jurisdictional boundaries of the Western Communities for at least six months prior to the solicitation.
Post Office boxes will not be considered a permanent business location within the Western Communities. Home business offices shall be considered
as a business location if it otherwise meets the requirements herein. In order to be eligible for such local preference the vendor shall have a local
business tax receipt pursuant to the County's and/or municipalities' Code of Ordinances, having jurisdiction over the location of the business, unless
otherwise exempt therefrom. Further, the vendor must be properly licensed and authorized by law to provide the goods, services or professional
services to the extent applicable and the location of the business must be properly zoned in order for the vendor to conduct its business.
Palm Beach County local business - For the purpose of determining a "Palm Beach County local business" a vendor must have a principal permanent
business location and headquarters within Palm Beach County, Florida. This applies to all entity formations, including, but not limited to, limited
liability companies, partnerships, limited partnerships and the like or sole proprietors. Further, the entity or sole proprietor must provide that it, he or
she has been headquartered and domiciled in the jurisdictional boundaries of Palm Beach County, Florida for at least six months prior to the
solicitation. Post Office boxes will not be considered a permanent business location within Palm Beach County, Florida. Home business offices shall be
considered as a business location if it otherwise meets the requirements herein. In order to be eligible for such local preference the vendor shall have
a local business tax receipt pursuant to the Palm Beach County Code of Ordinances as amended from time to time, unless otherwise exempt there
from. Further, the vendor must be properly licensed and authorized by law to provide the goods, services or professional services to the extent
applicable and the location of the business must be properly zoned in order for the vendor to conduct its business.
Subcontractor utilization - In competitive bid situations, a business may also qualify as either a Palm Beach County or Western Community local
business if they are utilizing subcontractors to perform the work or materialmen to supply the job and more than fifty (50%) percent of their proposed
bid price will be paid to subcontractors and/or materialmen who qualify, under the above standards, as Palm Beach County and/or Western
Community local businesses.
Please check the box below indicating which preference category your business is applying for:
❑ Western Communities Local Business
FPalm Beach County Local Business
❑ Subcontractor Utilization
1. The name of the business is:
2. The address of the business is:
3. How long has the business been located at its current address:
4. If the business has relocated within the last six months, please provide the answers to questions 1-3 for the previous location:
S. The previous name of the business is:
6. The previous address of the business is:
271Page
7. How long was this business at the previous location:
8. If the business is attempting to qualify under the subcontractor utilization provision, please provide a breakdown of the subcontractors who would
qualify for either the Palm Beach County or Western Community, business classification, the requisite information, provide their responses to the
above 1- 7 questions and for each of the subcontractors, indicate the amount that they are proposed to be compensated at under the bid price.
9. The business as a local business tax receipt from: (1) Palm Beach County ❑ (2) the following municipality:
unincorporated Palm Beach County: EJ
10. Please provide a copy of Local Business Tax Receipts from Palm Beach County and the applicable municipality are attached.
(3)located in
11. Please provide a Certificate of Good Standing indicating the formation or domestication of the entity in and for the State of Florida is attached.
12. Please provide copies of licenses if applicable from the State of Florida authorizing the business to provide the good services or professional
services contemplated in the bid documents.
By signing below, I hereby certify that under penalty of perjury I believe my business qualifies as a Palm Beach County, Western Community or
subcontractor utilization business in accordance with Wellington's Local Preference Policy and that I have submitted current and accurate information
and documents relating to my qualifications. I further acknowledge and agree that any fraudulent or duplicitous information submitted in furtherance
of this application will be grounds for disqualification from bidding on this project and doing business with Wellington in the future.
Applicants Federal Tax ID Number -
Applicants Business Address
Signature of Authorized Representative of Corporation, Partnership, or other business entity:
Sign:
Print Name:
Title:
Date:
CITY OF:
COUNTY OF:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ day of . 20_ by
as (INSERT TITLE), of [INSERT NAME OF ENTITY — ie:
corporation, limited liability company, etc.), (insert status ie: a corporation existing under the laws of the State of 1, ❑ who is personally known to me or
❑ who has produced as identification Driver's License # or (other identification) (describe)
Notary Public Signature and Seal Print Notary Name and Commission No.
281 Page
Signature of Individual if Sole Proprietor:
Sign:
Print Name:
Date:
CITY OF:
COUNTY OF:
SUBSCRIBED AND SWORN TO (or affirmed) before me on this _ day of , 202_, by
(Signature of Nota
(Print or Stamp Name of Notary)
Notary Public
291 Page
He/She is personally known to me or has presented
Notary Seal (State)
(Type of Identification)
as identification.
CONFLICT OF INTEREST STATEMENT
This Proposal/Contract (whichever is applicable) is subject to the conflict of interest provisions of the policies and Code of Ordinances
of WELLINGTON, the Palm Beach County Code of Ethics, and the Florida Statutes. During the term of this Contract and any renewals
or extensions thereof, the VENDOR shall disclose to WELLINGTON any possible conflicts of interests. The VENDOR's duty to disclose is
of a continuing nature and any conflict of interest shall be immediately brought to the attention of WELLINGTON. The terms below
shall be defined in accordance with the policies and Code of Ordinances of WELLINGTON, the Palm Beach County Code of Ethics, and
Ch. 112, Part III, Florida Statutes.
CHECK ALL THAT APPLY:
NO CONFLICT:
[ ] To the best of our knowledge, the undersigned business has no potential conflict of interest for this Contract due to any other
clients, contracts, or property interests.
[ ] To the best of our knowledge, the undersigned business has no employment or other contractual relationship with any
WELLINGTON employee, elected official or appointed official.
[ ] To the best of our knowledge, the undersigned business has no officer, director, partner or proprietor that is a WELLINGTON
purchasing agent, other employee, elected official or appointed official. The term "purchasing agent", "elected official" or "appointed
official", as used in this paragraph, shall include the respective individual's spouse or child, as defined in Ch. 112, Part III, Florida Statutes.
[ ] To the best of our knowledge, no WELLINGTON employee, elected official or appointed official has a material or ownership interest
(5% ownership) in our business. The term "employee", "elected official" and "appointed official", as used in this paragraph, shall include
such respective individual's relatives and household members as described and defined in the Palm Beach County Code of Ethics.
[ ] To the best of our knowledge, the undersigned business has no current clients that are presently subject to the jurisdiction of
WELLINGTON's Planning, Zoning and Building Department.
POTENTIAL CONFLICT:
[ ] The undersigned business, by attachment to this form, submits information which may be a potential conflict of
interest due to any of the above listed reasons or otherwise.
THE UNDERSIGNED UNDERSTANDS AND AGREES THAT THE FAILURE TO CHECK THE APPROPRIATE BLOCKS ABOVE OR TO ATTACH THE
DOCUMENTATION OF ANY POSSIBLE CONFLICTS OF INTEREST MAY RESULT IN DISQUALIFICATION OF YOUR BID/PROPOSAL OR IN THE IMMEDIATE
CANCELLATION OF YOUR CONTRACT, WHICHEVER IS APPLICABLE.
COMPANY NAME
AUTHORIZED SIGNATURE NAME (PRINT OR TYPE)
301 Page
NON -COLLUSION AFFIDAVIT
State of
County of
Being duly sworn deposes and says:
That he/she is an officer of the parties making the forgoing bid submittal, that the bid is made without prior understanding, agreement,
or connection with any individual, firm, partnership, corporation or other entity submitting a bid for the same materials, services,
supplies or equipment, either directly or indirectly, and is in all respects fair and without collusion or fraud. No premiums, rebates, or
gratuities are permitted with, prior to, or after any delivery of material or provision of services. Any violation of this provision may
result in disqualification, contract cancellation, return of materials or discontinuation of services, and the possible removal of Bidder
from the vendor Bid lists
Name of Bidder
Print name of designated signatory
Signature
Title
On this day of . 20__, before me appeared personally known to me to be the person
described in and who executed this and acknowledged that (she/he) signed the name freely and voluntarily
for the uses and purposes therein described.
In witness thereof, I have hereunto set my hand and affixed seal the day and year last written above.
Signature
Notary Public in and for the State of
(Affix Seal Here)
(Name Printed)
Residing at
My commission expires
311 Page
REQUEST FOR PROOF OF WORKERS COMPENSATION INSURANCIIkLEX§MPTION
Dear Provider of Services or Goods:
In order to provide services or goods to Wellington, we require that you provide us either proof of workers compensation coverage or
proof of exemption.
Employers conducting work in the State of Florida are required to provide workers' compensation insurance for their employees.
Specific employer coverage requirements are based on the type of industry, number of employees and entity organization. To
determine coverage requirements for a specific employer, the following information is provided by the Bureau of Compliance.
Construction Industry- One (1) or more employees, including the owner of the business who are corporate officers or Limited
Liability Company (LLC) members. For a list of the trades considered to be in the construction industry see 69L-6.021 Florida
Administrative Code.
Non -Construction Industry - Four (4) or more employees, including business owners who are corporate officers or Limited Liability
Company (LLC) members.
Please note: Non -construction industry Sole Proprietors or partners in a Partnership are not employees unless they want to be
included on the business' Workers' Compensation Insurance policy and file a form DWC 251 with the Division of Workers'
Compensation.
Agricultural Industry - Six (6) regular employees and/or twelve (12) seasonal workers who work more than 30 days during a season
but no more than a total of 45 days in a calendar year.
Out of State Employers must notify their insurance carrier that they are working in Florida. If there is no insurance, the out of state
employer is required to obtain a Florida Workers' Compensation Insurance policy with a Florida approved insurance carrier which
meets the requirements of Florida law and the Florida Insurance Code. This means that "Florida" must be specifically listed in Section
3A of the policy (on the Information Page).
An Extraterritorial Reciprocity clause in the home state's statute allows some out of state Employers to work in Florida temporarily
using their home state's Workers' Compensation insurance policy.
Contractors are required to make certain that all sub -contractors have the required Workers' Compensation Insurance before they
begin work on a project. To see the documentation that is required from a sub -contractor, see 69L-6.032 Florida Administrative Code.
If the sub -contractor does not have Workers' Compensation Insurance for its employees, those workers become the employees of the
contractor. If an injury occurs, the contractor is responsible for paying the benefits for the work related injury, illness or fatality.
If you meet the above criteria to be exempt, you MUST provide us with one of the following:
• If your business is a sole proprietorship or unincorporated business: provide us a Verification of Automatic Exempt Certificate.
This verification is a letter that is issued by the State of Florida Department of Financial Services. To receive a letter from the
State, complete the following directions: 1) Call the National Council of Compensation Insurance 1-800-622-4123, Option 5,
and ask them for the class code for your type of business. 2) Once you have received this code, call the Department of Financial
Services at 1-850-413-1601 and provide them your business name, class code, mailing address, and contact phone number.
They will send you the Verification of Automatic Exempt Certificate. 3) Provide us a copy of the Verification of Automatic
Exempt Certificate.
• If your business is a corporation (including a professional association or limited liability company), and you are not required
to have workers compensation insurance as per the requirements as outlined above, you must provide the Village with a
copy of your Florida Division of Workers' Compensation Certificate of Election to be Exempt.
321 Page
If you are an employer that meets the requirements of workers compensation and needs to obtain coverage, contact your current
business insurance agent, or you may use the following resources to locate an agent: www.faia.com., www.piafl.org/wc-info.pdf , or
call (850) 893-8245.
Please be reminded that the furnishing of this information to Wellington is a non-negotiable requirement to perform services for us.
Failure to provide this timely may result in either termination of your services or delay of payment for services. Your workers
compensation Certificate of Coverage, of Workers' Compensation Certificate of Election to be Exempt, or Verification of Automatic
Exempt Certificate must be delivered or mailed to the Purchasing Department located at 12300 Forest Hill Boulevard, Wellington,
Florida, 33414.
331 Page
� I THE VILLAGE OF
E L L I ` G i O 1" A GREAT HOMETOWN
Council
Manager
Anne Gerwig, Mayor Jim Barnes
John T. McGovern, Vice Mayor
Michael Drahos, Councilman
Michael J. Napoleone, Councilman
Tanya Siskind, Councilwoman
RFP No. 202202
Title: (Rebid) Tennis Court Maintenance Services
RFP Opening Date: November 10, 2021 at 9:00 AM
RFI Date: November 9, 2021
REQUEST FOR INFORMATION ONE
Question: On page 12 of the bid package "Special Conditions" it states Worker's Compensation insurance
required and "Village of Wellington will not accept certificates of exemption" but on page 32 "Request for Proof
of Workers Compensation Insurance or Exemption" it states required in non -construction industry with 4 or
more employees. It also says if you are exempt per the requirements you must provide Florida Division of
Worker's Compensation Certificate of Election to be Exempt. If our firm has no employees Worker's
Compensation cannot be obtained, so please confirm Certificate of Exemption can be used.
Response: For bidding purposes, work comp exemption will suffice. The Village may require additional
insurance prior to award for staff who will be working on site each day.
2. Question: It says "Contractor must purchase and store HarTru Material". Can we store the HarTru with the other
equipment that will be left on site for duration of contract?
Response: Limited storage is available on site. Excess material shall be stored off site
12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045
www.wellingtonfl.gov
(REBID) Tennis Court Maintenance Services
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: November 10, 2021 received timely as of the above receiving date and time.
BID OPENING TIME: 9:00 AM (local time) All other offers submitted in response to this solicitation,
ITB #202202 if any, are hereby rejected as late"
VENDOR
K & B MAINTENANCE
SERVICES, LLC
CHAVES BROTHERS
MANAGEMENT, LLC.
1. Bid submittal
YES
2. Bid Cover Page
YES
3. Acknowledgement of Addendums (if any)
N/A
4. Schedule of Value
YES
5. Questionnaire
YES
6. Drug Free Workplace
YES
7. Sworn Statement under Section 287.133(3) (a)
YES
8. Certification Pursuant to Florida Statue § 215.4725
YES
9. Wellington Local Preference Affidavit
Palm Beach County
10. Conflict of Interest
YES
11. Non -Collusion Affidavit
YES
12. Insurance Certificates
YES
13. Copy of Appropriate Licenses
YES
14. E -Verify Memorandum of Understandfing (MOU)
YES
Total
$ 98,021.04
Non-responsive
BID TABULATION
BID NO: 202202
(REBID) Tennis Court Maintenance Services
Description
Tennis Court Maintenance Services per bid documents
and specifications
Quantity Unit
12.00 MO
K & B MAINTENANCE SERVICES, LLC
Unit Price Sub Total
$ 8,168.42 $ 98,021.04
Grand Total $ 8,168.42 $ 98,021.04
THE VILLAGE OF
ELLINGTON
Council
Anne Gerwig, Mayor
John T. McGovern, Vice Mayor
Michael Drahos, Councilman
Michael J. Napoleone, Councilman
Tanya Siskind, Councilwoman
December 15, 2021
NOTICE OF AWARD
Pursuant to Wellington, notice is provided as follows:
A GREAT HOMETOWN
Reference —
INVITATION TO BID (ITB) # 202202— (REBID) Tennis Court Maintenance Services
On December 14, 2021, Wellington awarded the referenced contract to the following:
K & B Maintenance Services, LLC
DBA Professional Tennis Court Services
12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045
www.wellingtonfl.gov
Manager
Jim Barnes
EXHIBIT B
SCOPE OF WORK
CITY OF BOYNTON BEACH
PTC59(D
PROfeSS/ONBL TENNIS
COURT SERVICES
OFFICE: 561-859-1157 CELL: 561-436-1248
Lic # U-22133
Website: Htcsf I o rid a. com
Find us on
Tennis Court Maintenance
For
Boynton Beach Tennis Center
Professional Tennis Court Services (hereinafter referred to as the "Contractor") will
perform Tennis Court Maintenance Services at Boynton Beach Tennis Center 3111 S
Congress Ave, Boynton Beach, FL 33426. Contractor agrees it is an independent
contractor.
Maintenance requirements — Provide proper maintenance, utilizing equipment to be
supplied and maintained by Contractor, of SEVENTEEN (17) Above Ground Tennis
Courts to Har -Tru specifications and any other nationally recognized organization's
recommendations for this type of court, as well as FOUR (4) Hard Courts. This shall
include, but not be limited to, the following:
Monday through Sunday Mornings before 8:OOam.
• Groom 17 Above Ground Tennis Courts for morning play using a tow behind
brush, tow behind steel brush, or tow behind rake to be determined by the
condition of the courts.
• Brush Har -Tru off of the court lines.
• Check for any high lines and repair as necessary.
• Inspect/secure wind screens, nets, center straps, lines, tapes/nails and walkways
in the area.
• Adjust tennis nets to proper heights.
• Blow off moisture from all benches, tables, and water fountains on courts.
(During high humidity times moisture may reappear after service is completed.)
• Remove all trash from cans in tennis area. (PTCS DOES NOT supply trash bags)
• Blow of all canopy pads, sidewalks, and patios around tennis center.
• Determine playability of courts and notify tennis office of these conditions.
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Monday through Friday Afternoons.
• Groom 17 Above Ground Tennis Courts for play using a tow behind brush, tow
behind steel brush, or tow behind rake to be determined by the condition of the
courts.
• Brush Har -Tru off of the court lines.
• Check for any high lines and repair as necessary.
• Inspect/secure wind screens, nets, center straps, lines, tapes/nails and walkways
in the area.
• Adjust tennis nets to proper heights.
• Correct any "dead spots", damage to court.
• Remove debris, weeds, etc. using a hand lute to maintain the cleanliness of the
courts and surroundings.
• Add Har -Tru material, with hand lute, as needed to maintain the planarity of the
courts.
• Remove all trash from cans in tennis area. (PTCS DOES NOT supply trash bags)
• Blow of all canopy pads, sidewalks, and patios around tennis center.
• Determine playability of courts and notify tennis office of these conditions.
Harri rmirtc
• Blow off all courts using a hand blower. Rinse off as needed.
• Inspect/secure wind screens, nets, center straps.
• Blow off moisture from all benches, tables, and water fountains on courts.
(During high humidity times moisture may reappear after service is completed)
• Remove all trash from cans in tennis area. (PTCS DOES NOT supply trash bags)
• Blow off all canopy pads, sidewalks, and patios around Tennis area.
Weekly (or more often, if needed)
• Clean surface under the nets and around the canopy with a hand lute.
• Monitor court irrigation for proper moisture ration and adjust/repair and clean
court irrigation filters as necessary.
• Treat courts to prevent algae and weed growth.
• Remove and dispose of "dead" Har -Tru material.
• Repair any "dead" spots, divots, low areas, or surface damage.
• Inspect courts for high lines/nails and repair as necessary.
• Inspect and remove any weeds, debris, etc. around outside perimeter of Tennis
Courts to maintain proper drainage and cleanliness of Tennis Center.
Additional Weekly Tasks: The following tasks will require planned designated court
closure for proper repairs/cleaning of court surface.
• Spray courts to treat for algae, and scarify court surface with a scarifier to
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remove algae and hard pan (If needed)
Scarify court surface with hand lute to remove weeds, debris, etc.
Add Har -Tru to court surface to maintain proper depth of Har -Tru surface.
Twice per month (or more often, if needed)
• Roll courts.
Monthly (or more often, if needed)
• Remove and dispose of "dead" Har -Tru from courts using hand lute.
• Scarify courts with tow behind scarifier and between lines with 24 inch gas
powered scarifier.
• "Top dress" courts with tow behind spreader, if needed.
• Clean net tops, if needed.
Equipment Requirements: All equipment provided by Professional Tennis Court
Services.
• Service cart
• Brutus roller
• All small hand tools, rake, shovel, lute, line sweeper, etc.
• PTCS will supply 10 tons of Har -Tru each year additional Har -Tru as needed for
excessive rain, tropical storms, hurricanes, etc. will be supplied at $15.00 a bag
(this includes tax and shipping) as needed for courts. (Proposal for extra Har -Tru
will be submitted for approval before work is completed)
• PTCS will supply up to 5 tennis net center straps and net anchors per year. (A
proposal for any additional tennis net center straps or net anchors will be
submitted for approval before installed.)
• 10 Sprinklers will be supplied per year.
• Windscreen ties supplied up to 5,000 ties per year.
Provisions:
• During inclement weather scheduled services may not be done for the protection
of the service technician. (Inclement weather consists of rain, lightening,
thunderstorms, heavy winds over 50 miles an hour, tropical storms, hurricanes.)
If service is canceled due to inclement weather it will resume on the next
scheduled service time.
• During and after inclement weather scheduled service may not be done to
protect the courts from damage. If courts are wet VENDOR has the authority to
determine if service can be completed on the courts to protect from damage.
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PTCS is entitled to national recognized holidays off, including New Year's Day,
Thanksgiving, and Christmas Day, Memorial Day, Independence Day, Labor
Day, Christmas Eve Day as stated in the Florida State Statue 556.102.
All Har -Tru will be supplied as needed due to lack of dry storage.
All Tennis Nets, Net Center Straps, Net Anchors, etc. will be supplied as needed
due to lack of security.
HURRICANE/NAMED-STORM
Hurricane Proposals will be sent out at the beginning of May and MUST be
returned by June 1St to be added to our Hurricane Preparation List.
**(HURRICANE PROCEDURE PRICE IS NOT INCLUDED IN THIS
PROPOSAL PRICE.)**
Any alteration or deviation from above specifications
involving extra costs will be executed only upon
written order and will become an extra charge over
and above the estimate. All agreements contingent upon
strikes, accidents, or delays beyond our control.
BRAD SIMMS 561-436-1248
OFFICE 561-859-1157
alexptc0a-wail.com
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