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HomeMy WebLinkAboutItem 05 Consideration of Adjustments for Bid #B05-08, Term Contract for Concrete Construction Center of Good Liv AGENDA ITEM COVER SHEET Meeting Date: June 21, 2005 Item # 5 Reviewed By: Contact Name: Bob Zaitooni Department Director: ,' - • Contact Number: 6002 City Manager: ' , Subject: Adjustments to Awards for Bid #B05-08, Term Contract for Concrete Construction Background Summary: On April 19, 2005, the City Commission awarded Bid #B05-08, Term Contract for Concrete Construction to Gibbs & Register, Inc. and A& M SI Construction Company, Inc. Subsequent to that award, A& M SI Construction Company, Inc. requested withdrawal of their bid citing inability to purchase insurance to meet City's requirements. After further review of the bid proposals received by the City, staff is recommending approval of the request by A & M SI Construction Company, Inc.to withdraw and to award contract to Tony's Construction Company, Inc., a local firm with office in Ocoee. This action will resolve a bid protest by Tony's Construction Company Inc. Issue: Consider and approve withdrawal of bid for Bid # B05-08 by A & M SI Construction Company, Inc. and award contract to Tony's Construction Company, Inc. Recommendations City Commission to approve(1)withdrawal of bid by A& M SI Construction Company, Inc. and(2)award contract to Tony's Construction Company, Inc.,and authorize Mayor and City Clerk to execute Contract with Tony's Construction Company, Inc. Attachments: Contract for Tony's Construction Company, Inc. Financial Impact: Work under this contract is on an as-needed basis from the current approved list of projects. Total projected expenditure is estimated at$100,000 per year. No additional funding is requested. Type of Item: ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ® Consent Agenda ❑ Ordinance First Reading 0 Public Hearing ❑ Resolution 0 Regular Agenda ❑ Commission Approval ❑ Discussion&Direction ® Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney 4-/0 s ❑ N/A Reviewed by Finance Dept. b/I 3/u5 ❑ N/A Reviewed by ( ) ❑ N/A Mayor �becenter of GoodLiy Commissioners S. Scott Vandergrift :.,,., iE'?-.� " Danny Howell, District 1 Scott Anderson, District 2 City Manager _^ _ Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Bob Zaitooni, Director of Public Works DATE: June 13,2005 RE: Adjustments to Awards for Bid#B05-08, Term Contract for Concrete Construction ISSUE Should the Honorable Mayor and City Commission approve withdrawal of bid by A & M SI Construction Company and award term contract to Tony's Construction Company, Inc. for Bid#B05-08, Term Contract for Concrete Construction? BACKGROUND/DISCUSSION On April 19, 2005, the City Commission awarded Bid#B05-08, Term Contract for Concrete Construction to Gibbs &Register, Inc. and A & M SI Construction Company, Inc. Subsequent to that award, A & M SI Construction Company, Inc. requested withdrawal of their bid citing inability to purchase insurance to meet City's requirements. After further review of the bid proposals received by the City, staff is recommending approval of the request by A& M SI Construction Company, Inc. to withdraw and to award contract to Tony's Construction Company, Inc., a local firm with office in Ocoee. This action will effectively resolve a bid protest by Tony's Construction Company, Inc. Work under this contract is on an as-needed basis from the current approved list of projects. Total projected expenditure is estimated at $100,000 per year. No additional funding is requested. RECOMMENDATION Staff respectfully requests that the Honorable Mayor and City Commission to approve the request by A&M SI Construction Company, Inc. to withdraw their bid and to award contract to Tony's Construction Company, Inc. and authorize Mayor and City Clerk to execute the contract for Tony's Construction Company, Inc. twit • ,AIA Document A105' - 1993 Standard Form of Agreement Between Owner and Contractor for a Small Project where the Basis of Payment is a STIPULATED SUM This AGREEMENT is made: this day of 204- (Paragraph deleted) BETWEEN the Owner: ADDITIONS AND DELETIONS: City of Ocoee,Florida(the"City") The author of this document has 150 North Lakeshore Drive added information needed for Its Ocoee,Florida 34761 completion.The author may also Attention:Robert Zaitooni,Deputy Director of Public Works have revised the text of the original AIA standard form.An and the Contractor Additions and Deletions Report r is anstrtuticn Cb, Inc, that notes added information as 762 Lamer Circle well as revisions to the standard Ozcee, FL 34761 form text is available from the �7�77 **I��T author and should be reviewed. %;q 1C�PrTiVran A vertical line in the left margin of this document indicates where Continuing Contract for Concrete Construction the author has added necessary information and where the author The Architect is: Not applicable All references to"Architect"in this Agreement or the has added to or deleted from the General Conditions shall be deemed to mean"Owner". original AIA text. The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A1051"-1993.Copyright©1993 by The American Institute of Architects. All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it, y may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software al 12:28:22 on 08/27/2004 under Order No.1000105520_1 which expires on 3/14/2005,and is not for resale. User Notes: (3853385183) ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the project. The Contract Documents consist of: .1 this Agreement signed by the Owner and Contractor; .2 AIA Document A205,General Conditions of the Contract for Construction of a Small Project,current edition as modified for this Agreement; .3 other documents,if any,id ntified as follows: City of Ocoee Annual Bid oncrete Construction pages 1 through (the"Bid Package")which is incorporated herin and made a part hereof ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work not later than (30 days ,subject to adjustment by Change Order. (Insert the date or number of calendar days after the date of commencement.) As stated in task orders to be issued by the City under this Agreement ARTICLE 3 CONTRACT SUM §3.1 Subject to additions and deductions by Change Order,the Contract Sum is: To be established by task orders to be issued by the City under this Agreement §3.2 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT §4.1 Based on Invoices as submitted under the provisions of the Bid Package. (Paragraph deleted) §4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of 7%simple interest. (Paragraph deleted) ARTICLE 5 INSURANCE §5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows: (Insert specific insurance required by the Owner.) Type of Insurance limit of liability(1 0.00) I See Bid Package See Bid Package §5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as follows: (insert specific insurance furnished by the Owner.) Type of insurance Limit of liability IS 0.00) I See Bid Package See Bid Package §5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Section 3.12 of AIA Document A205,General Conditions of the Contract for Construction of Small Projects. §5.4 Certificates of insurance shall be provided by each party showing their respective coverages prior to commencement of the Work. The City shall be named as an additional insured under all task orders issued under this Agreement AIA Document A105TM—1993.Copyright 0 1993 by The American Institute of Architects. All rights reserved. WARNING:This AlAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it, 2 may result in severe civil and criminal penalties,and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:28:22 on 08/27/2004 under Order No.1000105520_1 which expires on 3/14/2005,and is not for resale. User Notes: (3853085183) ARTICLE 6 OTHER TERMS ANO CONDITIONS 6.1 Dispute Resolution. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims,disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. If the parties cannot agree on the selection of a mediator, then the Owner shall select the mediator, who, if selected solely by the Owner, shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse, which declaration, in any event shall be issued by the mediator not later than sixty (60) days after the initial conference. The expenses of the mediator shall be borne equally by the Owner and the Contractor. 6.2 No Damates to Contractor for Delay.Disruption or Acceleration. An extension of time shall be the sole remedy available to the Contractor for delay, disruption or acceleration. Under no circumstances shall the Contractor be entitled to damages for delay, disruption, acceleration or any extension of performance by the Contractor. 63 Warranty. Contractor warrants that all workmanship and materials shall be free of defects for a period of one (1) year from the date of Final Payment. Contractor shall repair or replace at its own expense, as directed by Owner,any defects in workmanship or materials which appear within one(1)year from the date of Final Payment,provided however,that any defect that is hidden or latent shall be repaired or replaced within one(1)year of the date when Owner discovers such defect. Contractor further warrants that all repair or replacement work performed to repair or replace defective work or materials shall also be warranted to be free of defects for a period of one(1)year from the date such repair or replacement is accepted by the Owner. Contractor shall commence and diligently pursue the correction of any defect not later than fifteen (15)days of receiving Owner's written notice of such defect. If Contractor does not commence or diligently pursue to repair or replace such defects in workmanship or materials within the fifteen(15)-day period, then Owner may repair or replace such defects and contractor shall reimburse Owner for the costs thereof,including all interest,attorneys' fees and costs of collection. Contractor shall assign and/or transfer to the Owner all manufacturer's direct warranties for components,materials,electrical panels or appliances as a condition precedent to receiving Final Payment. All such manufacturer's warranties shall be for a period of not less than two(2)years. 6A Payment and Performance Bond. The payment bond shall be in compliance with Florida law. This Agreement entered into as of the day and year first written a ve. .(, .,✓L . .,.1 (Paragraph deleted) OWNER(Signature) CORACTOR(Signature) See City Sigature Pare At a:tad //Fi frau tf. 4O 1/,'hfi ., OGd,,,,E'.< (Printed name and title) (Printed name and title) LICENSE NO.: JURISDICTION: • AIA Document A105TM—1993.Copyright ®1993 by The American Institute of Architects. All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution o1 this AIAe Document,or any portion of It, 3 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:28:22 on 08/27/2004 under Order No.1000105520_1 which expires on 3/14/2005,and is not for resale. User Notes: (3853085183) APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM ON 4Aste .)I , 2005. this day of , 2005 UNDER AGENDA ITEM NO. . FOLEY & LARDNER, LLP By: City Attorney • ewe e Il: se • AIA Document A20511 - 1993 General Conditions of the Contract for Construction of a Small Project for the following PROJECT: (Name and location or address): 2006Ocoee Continuing Concrete Construction Contract A 105 I City of Ocoee THE OWNER: (Name and address): ADDITIONS AND DELETIONS: The author of this document has City Of ac , Florida (tile "City") added Information needed for its 150 1r'1 Talmo jhxe completion.The author may also "'T' eA g fT�nFQb1 have revised the text of the itiL,ll1y LLoriginal AIA standard form.An (Name and address): Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. ARTICLE 1 GENERAL PROVISIONS A vertical line in the left margin of §1.1 THE CONTRACT this document indicates where The Contract represents the entire and integrated agreement between the parties and the author has added necessary supersedes prior negotiations,representations or agreements,either written or oral. The information and where the author Contract may be amended or modified only by a written modification. has added to or deleted from the original AIA text. §1.2 THE WORK This document has important The term"Work"means the construction and services required by the Contract legal consequences. Documents,and includes all other labor,materials,equipment and services provided by Consultation with an attorney the Contractor to fulfill the Contractor's obligations. is encouraged with respect to its completion or modification. §1.3 INTENT The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary,and what is required by one shall be as binding as if required by all. §1.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,SPECIFICATIONS AND OTHER DOCU MENTS Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this project, The Architect shall retain all common law,statutory and other reserved rights,including the copyright. They are not to be used by the Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier for other projects or for additions to this project outside the scope of the Work without the specific written consent of the Owner and Architect. ARTICLE 2 OWNER §2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER §2.1.1 If requested by the Contractor,the Owner shall furnish and pay for a survey and a legal description of the site. §2.1.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents,the Owner shall obtain and pay for other necessary approvals, easements,assessments and charges. NA Document A205m—1993.Copyright m 1993 by The American Institute of Architects. All rights reserved. WARNING:This AIA'Document Is protected by U.S.Copyright Law and international Treaties,Unauthorized reproduction or distribution of this AlAe Document,or any portion of it, 1 may result In severe civil and criminal penalties,and will be prosecuted fo the maximum extent possible under the law. This document was produced by AIA software at 18:33:02 on 07/29/2004 under Order No.1000105520_1 which expires on 3/14/2005,and is not for resale. User Notes: (2733165059) §2.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents,the Owner may direct the Contractor in writing to stop the Work until the correction is made. §2.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies,correct such deficiencies. In such case,a Change Order shall be issued deducting the cost of correction from payments due the Contractor. §2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §2.4.1 The Owner reserves the right to perform construction or operations related to the project with the Owner's own forces,and to award separate contracts in connection with other portions of the project. §2.4.2 The Contractor shall coordinate and cooperate with separate contractors employed by the Owner. §2.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 3 CONTRACTOR §3.1 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities,the Contractor shall:(1)take field measurements and verify field conditions;(2)carefully compare this and other information known to the Contractor with the Contract Documents;and(3)promptly report errors,inconsistencies or omissions discovered to the Architect. §3.3 SUPERVISION AND CONSTRUCTION PROCEDURES §3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences and procedures,and for coordinating all portions of the Work. §3.3.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for each portion of the Work. The Architect will promptly reply to the Contractor in writing if the Owner or the Architect,after due investigation,has reasonable objection to the subcontractors or suppliers listed. §3.4 LABOR AND MATERIALS §3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,equipment,tools,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work. §3.4.2 The Contractor shall deliver,handle,store and install materials in accordance with manufacturers' instructions. §3.5 WARRANTY The Contractor warrants to the Owner and Architect that:(1)materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents;(2)the Work will be free from defects not inherent in the quality required or permitted;and(3)the Work will conform to the requirements of the Contract Documents. §3.6 TAXES The Contractor shall pay sales,consumer,use and similar taxes that are legally required when the Contract is executed. ALA Document A205"-1993.Copyright®1993 by The American Institute of Architects. All rights reserved. WARNING:This AlA'Document is protected by U.S.Copyright Lew end International Treaties.Unauthorized reproduction or distribution of this AIA'Document,or any portion of it, 2 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:33:02 on 07/29/2004 under Order No.1000105520_1 which expires on 3/14/2005.and is not for resale. User Notes: (2733185059) §3.7 PERMITS,FEES AND NOTICES §3.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees,licenses and inspections necessary for proper execution and completion of the Work. §3.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and rules and regulations without notice to the Architect and Owner,the Contractor shall assume full responsibility for such Work and shall bear the attributable costs.The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws,rules and regulations. §3.8 SUBMITTALS The Contractor shall promptly review,approve in writing and submit to the Architect Shop Drawings,Product Data, Samples and similar submittals required by the Contract Documents. Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents. §3.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits,the Contract Documents and the Owner. §3.10 CUTTING AND PATCHING The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. §3.11 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. §3.12 INDEMNIFICATION To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Architect, Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself)including loss of use resulting therefrom,but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor,a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. ARTICLE 4 ARCHITECT'S ADMINISTRATION OF THE CONTRACT §4.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. §4.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. §4.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. §4.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor. §4.5 The Architect will have authority to reject Work that does not conform to the Contract Documents. §4.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. AIA Document A205",—1993.Copyright 0 1993 by The American Institute of Architects. All rights reserved. WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA'Document,or any portion of It, 3 may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:33:02 on 07/29/2004 under Order No.1000105520_1 which expires on 3/14/2005,and Is not for resale. User Notes: (2733785059) §4.7 The Architect will promptly interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of either the Owner or Contractor. §4.8 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 14.9 The Architect's duties,responsibilities and limits of authority as described in the Contract Documents will not be changed without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 5 CHANGES IN THE WORK §5.1 After execution of the Contract,changes in the Work may be accomplished by Change Order or by order for a minor change in the Work.The Owner,without invalidating the Contract,may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. §5.2 A Change Order shall be a written order to the Contractor signed by the Owner and Architect to change the Work,Contract Sum or Contract Time. §5.3 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be written orders and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. §5.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Contract Time shall be subject to equitable adjustment. ARTICLE 6 TIME §6.1 Time limits stated in the Contract Documents are of the essence of the Contract. §6.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work,or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. ARTICLE 7 PAYMENTS AND COMPLETION §7.1 CONTRACT SUM The Contract Sum stated in the Agreement,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §7.2 APPLICATIONS FOR PAYMENT §7.2.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such application shall be supported by such data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require and reflecting retainage if provided for elsewhere in the Contract Documents. §7.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment,all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, security interests or other encumbrances adverse to the Owner's interests. AIA Document A2051"—1993.Copyright 01993 by The American Institute of Architects. All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this AlAe Document,or any portion of It, 4 may result in severe civil and criminal penalties,and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:33:02 on 07/29/2004 under Order No.1000105520_1 which expires on 3/14/2005,and Is not Ior resale. User Notes: (2733185059) §7.3 CERTIFICATES FOR PAYMENT The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. §7.4 PROGRESS PAYMENTS §7.4.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner provided in the Contract Documents. §7,4.2 The Contractor shall promptly pay each Subcontractor and material supplier,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such entities'portion of the Work. §7.4.3 Neither the Owner nor the Architect shall have responsibility for the payment of money to a Subcontractor or material supplier. §7.4.4 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. §7.5 SUBSTANTIAL COMPLETION §7.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. §7.5.2 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish the responsibilities of the Owner and Contractor,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §7.6 FINAL COMPLETION AND FINAL PAYMENT §7.6.1 Upon receipt of a final Application for Payment,the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment. §7.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens,and data establishing payment or satisfaction of obligations,such as receipts,claims,security interests or encumbrances arising out of the Contract. §7.6.3 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY §8.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract.The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor,or by anyone for whose acts the Contractor may be liable. ARTICLE 9 CORRECTION OF WORK §9.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. AIA Document A2051"—1993.Copyright m 1993 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It, 5 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:33:02 on 07/29/2004 under Order No.1000105520_1 which expires on 3/14/2005,and is not for resale. User Notes: (2733185059) §9.2 In addition to the Contractor's other obligations including warranties under the Contract,the Contractor shall, for a period of one year after Substantial Completion,correct work not conforming to the requirements of the Contract Documents. §9.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it and the Contractor shall reimburse the Owner for the cost of correction. ARTICLE 10 MISCELLANEOUS PROVISIONS §10.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. §10.2 TESTS AND INSPECTIONS §10.2.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. §10.2.2 If the Architect requires additional testing,the Contractor shall perform these tests. §10.2.3 The Owner shall pay for tests except for testing Work found to be defective for which the Contractor shall pay. §10.3 GOVERNING LAW The Contract shall be governed by the law of the place where the project is located. ARTICLE 11 TERMINATION OF THE CONTRACT §11.1 TERMINATION BY THE CONTRACTOR If the Owner fails to make payment when due or substantially breaches any other obligation of this Contract, following seven days' written notice to the Owner,the Contractor may terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,construction equipment and machinery,including reasonable overhead,profit and damages. §11.2 TERMINATION BY THE OWNER §11.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. §11.2.2 When any of the above reasons exist,the Owner,after consultation with the Architect,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days'written notice,terminate employment of the Contractor and may: .1 take possession of the site and of all materials thereon owned by the Contractor; .2 finish the Work by whatever reasonable method the Owner may deem expedient. §11.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 11.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §11.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,such excess shall be paid to the Contractor. If such costs exceed the unpaid balance,the Contractor shall pay the difference to the Owner.This obligation for payment shall survive termination of the Contract. AIA Document A205TM-1993.Copyright©1993 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document Is protected by U.S.Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA° Document,or any portion of ii, 6 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:33:02 on 07/29/2004 under Order No.1000105520.1 which expires on 3/14/2005,and is not for resale. User Notes: (2733185059) f ƒ II ! H,.:. .-4 (0 y co 1R/ £ I \ / . N 2 \ ; ,1 . = dit E 1V ,'T; N q R \ , . f N1 / d 4 t . % ) \ _ , _ _ 2 0 & 2 _ 0 & \ . x' :/ / / f \} E/ § {) \ e _ ® /) .ƒ 3 •. CD Cr . Ui \ g {_ ...a/, \ w 2 § .. \ O ` Cr O 0 . » O ,, \; . / re \ O B « ' — / 2 B ■ 1 � \ / q \ 77 J SB 04 E. @ \ Emil ' i.4 Pa rri g. \\ ® f q � 7 m • _ . - \d II — rc jlCI') P - » 7 \ 6 ~ . ]: »; __ TYVI ACORD. CERTIFICATE OF LIABILITY INSURANCE FROPI i`� wiMilAN¢Y PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE - HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I NSURERS AFFORDING COVERAGE _`--_- VAN:!-.. IR.WRED WORD*A. a Mt tPtLsq A.w aster MOM A Cpplt�tractor'a Name mum 0 ---- --� mama C -- — — — MEUREA E: COVERAGES TME POSOMS OP RaUMMCE UST=MOW RAVE SEP ISSUED TO THE AME. 0 IMMEOAVTE POR THE POKY 0ER100INDICATED, TWTOOTANOHa AMY Ra01AN IMEMT,TPM OA COM ECON OP MIT 0;(AEIAM,T 011 OTNER DOCIIa®R WTI RLNECT TO WHICH TNI5 CER0cCATE 050 SI MARC 0A MOO PERTAM,M POUNANCE AFPOIl0E0 SET O MUCKS DEE.ECAII®IRAIH O MULTI TD ALL 114 TERMS EXCLUSIONS ANO CONONONE OP SUCH POO1OES.AOGAEMTS LINTS DOWN WY NAVE IEP MINCED ST PROCLAIMS _^ . �WL —..__ LTR NERD AK O►MIUIIMICE POLICY IIMaIN 040E 1(MWOnTiLa:iI1T 1An PRY00 LAMS aE , ry EACMOCCUNNOCE 11,00 0_CI00__ -,y aJ X X'WtelPtIAt alNElAL Ream I•AEtslEe lEA PArl S50,000 _—_ 1 MIMSM IX aOCLTA,I ,RFD WmIAP/e't spew 55,000,-- X ANY APO -------- •lASOIY. as/ONANT 1 S,OOO.GOO -- 1 as000s AawEnATE 1 2.000,000_ `ovo A001EMTE LN NT APPLIES PIM i•ACOUCTs-c0IsWO•Aa¢ 12,000,000 MITOICS&ULIAalm 1 cowRmsoma tor, a 1,000,000 ALL OwO AUTOS I ! W SCHEOUL ED AUTOS I0OLv MA„T , I i MI/ham/ HMO Auras WORT MANY S X NOMOWNno AUTOS (IPr te1E•X) -__—_---- (Pw.riln yNA¢E .S 0AMOE LIASAUTY I AUTO ORLY.14 ACCORNT S r ANY AUTO DTNE I nu/. � 1 APO ONLY MO S IRECAsvuM1RLA ELLW� Rm vc0OCOUAla,eE 51,000,000 X 1:=1 (�00011 I I cLIOAS MADE 10000,50.1E f 1.000,000 (...Toro. S I I S I I WG JTATU• OWN. MAMAS COAreNSArOAN R D !X Torr LNarE.i �5A SAMOTINVLwam ! ?E=E..CN0000E..T 1 500,000 0 N • PROPE0 0 APITI ND2M1TI CUT _.._ °P'VIAANEMEA CCLLOEOT EL MIMS•EA ENPLOTEE S 500,000 t 0�Pa MNTW,MI —_._._. .... SPECIAL PIOVWONS ErPr __ouEASE•POLKT IAO I 500,000 OTHP Builders Risk Any 1 Loc 100,000 Any 1 0cc 1,000,000 0E3CaPTWN OP OPERATIONS 0 LOCATORS/TOWCLES I EXCLUSCINS A00E0 K BOOREENB0T f SPECIAL P10W00NS The insurance evidenced by this certificate shall name the certificate holders es an additional insured on the Cameral Liability i Dmbrell■ Liability. Workers' Compensation, 3mployersI Liability i General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate bolder is added a■ a rased;mixedfcrninths Risk. CERTIFICATE HOLDER CANCELLATION °cossol a"DUL0 AMY Of 1N1 ASICM 01015010501.0.S PO CANCOLLEO EI5AE M UPWATtN OATS TIIP1OP.M 5M/IO WSUREA WLL EHOEAVOA TO NM 10 RTE wurt1H NERCO TO M CEATPICATI,OLOIA NANEO TO TH!LVT,lUT 004IRI TO 00 30,MALL City of Ocoee vine NO OMIDAT001 OA LI PLm OP AN"10110 Y•ON THE MIXER ITS AO OM OA 150 N. Lakeshore Drive Ocoee FL 04761.2250 RBIIESINTATWn _-_-- AUTHORe.E0 IEMESENTATNE AC ORD 35(20011O11ISA-4k pi. t.ea. 0 ACOPID CORPORATION 10m B05-08 16 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: (Attach additional sheets if necessary) The respondent certifies that the respondent has investigated each subcontractor/temporary worker agency listed and has received and has in the respondent's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 1v, 400law�•ne £'o.J��one�� Wt I\ 1ec.sett r4s) l- t✓ 1-2 1• gob Ca. Co"IJ reSS%)r .. 1 �'�. j o.� l( L w•.-r• 3 (3 a, crl U.or 4 ?v M � /-0 LI( . I305-08 17 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Respondent shall complete the following blanks regarding experience with similar type of work, INCLUDE AT LEAST THREE (3) MUNICIPAL GOVERNMENT REFERENCES. Respondent must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Have you any similar work in progress at this time? Yes ., No _. Length of time in business y Bak or other financial references: J 1��' { (Jc7wt�ti Q.•LiK( . � � ctiv l S. 1 L. to , vAS • 4C S. (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the respondent in the past five (5) years which is related to the services that the respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none,please so state. 1305-08 18 CITY OF OCOEE B05-08 SCOPE OF WORK/SPECIAL CONDITIONS TERM CONTRACT FOR CONCRETE CONSTRUCTION TYPICAL SCOPE OF SERVICES The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting bids from qualified contractors for general minor construction work for construction of sidewalks, ramps, driveways, slabs, gutters, spillways, vertical curbs, curb & gutter, etc. The City intends to award contracts to one or more qualified contractors based on labor rates, ability of contractor to perform the required work, satisfaction of required insurance, proximity of the contractor's office to the City, and a successful reference check. Contractor(s) selected by the City will provide construction services to the City on an as needed basis, based upon task orders to be issued by the City under the contract for projects and work orders with total costs of $80,000 or less. The contracts shall automatically be renewed annually unless terminated by the City in writing, for a maximum of three (3) years from the date of the execution. City reserves the right to terminate the contracts for non-performance given thirty (30) days written notice and payment of work already accomplished. The scope of work to be performed under task orders issued under this contract may consist of, but will not necessarily be limited to the following: • Concrete sidewalk, various widths and depths • Concrete aprons and driveways, various width and depth • Concrete slabs, various widths and depths • Concrete headwalls, various heights, widths, and depths • Mitered end sections, various sizes • Spillways, various widths and lengths • Retaining walls, various heights and lengths • Vertical curbs, various types and lengths • Curb & gutter, various types and lengths SUBMISSION REQUIREMENTS: The interested and qualified contractors shall submit a bid package to include the required submission material as stated in this Invitation to Bid: Any request to withdraw a Bid Package must be addressed in writing. Such requests must be received by the City prior to the deadline for submission. Unit Prices This contract shall be based upon fixed labor costs and variable material costs. The fixed costs are subject to annual escalations as described below. 1305-08 19 Labor Rate - Contractor shall submit standard loaded (includes all company overhead, benefits, etc.) labor rates to be used for a period of one year from date of the award of the contract. Labor rates shall be subject to automatic 3% escalation for each subsequent year up to the termination of the contract. Contractor may request a higher or lower increase each year at least sixty (60) days prior to renewal date of the contract. In their request, contractor must provide reliable and verifiable justification for the unit cost adjustments. The City's project manager upon review of the justification may approve or deny the request. The rate escalation beyond 3% (if requested) shall be subject to approval by the City Commission. Material Cost—Due to unpredictable nature of the material costs, contractor will be able to present material costs in their cost estimate to the City for each work order. Contractor shall provide reasonable and verifiable back-up information for the material costs. Mobilization Charges—Mobilization charges shall be limited to 3% of the work order but no more than $2,000.00 total and shall be automatically added to each work order. Maintenance of Traffic (MOT) Charges—MOT charges shall be limited to $250.00 for category 1 and $500.00 for category 2 per work order as described below. Contractor may propose a lower rate than indicated. Category 1 projects shall be applied to work adjacent to roadway with no lane closures. Category 2 projects will,apply to work inside the roadway. Cost Proposals Upon a request by the City, contractor shall prepare and present a lump sum cost estimate to the City within 36 hours of the request. City has the right to accept or reject the cost proposal or ask for justification or additional information. It must be completely understood that this contract is for work on an as-needed basis. Nothing provided in this document is intended to be a guarantee of work and dollar amount assigned to the contractor. Maintenance of Traffic It shall be the Contractor's responsibility to maintain traffic in accordance with the latest version of the M.U.T.C.D. standards. Lane closures are not permitted in the peak direction of traffic from 7:00 to 9:00 AM, and 4:00 to 6:00 PM. Plans & Permits City may or may not provide any plans for the projects depending on the complexity of work to be performed. Contractor shall apply for a permit for each project. Permit fees are not required for the City issued permits. Cost of permits from other agencies (if applicable) shall be included in Contractors cost proposal. Inspections City will accept each project after an inspection of the final product. Failure of the City to detect problems shall not relieve the Contractor from their obligation to provide quality work in accordance with industry standards. 1305-08 20 Governing Standards 1. Unless otherwise explicitly expressed in writing, all work performed under this contract shall be in accordance with State of Florida Building Codes, FDOT standards, Orance County codes and standards, and City of Ocoee LDR's (Land Development Regulations). 2. All items shall include shall include demolition of existing, disposal of debris, preparation& forming as required. 3. It shall be the responsibility of the contractor to locate all underground utilities prior to new construction. Any and all damages caused by the contractor shall be repaired at the expense of the contractor at the satisfaction of the owner. 4. Fiber reinforced concrete will not be accepted for sidewalks. ASSIGNMENT PROCEDURES When a need arises, the City's project manager will prepare and e-mail or fax a brief description and/or plans for the required task and project schedule to the contractor. Each request from City Departments shall include a specific project number and a financial account informatipn number for funding. Within 48-hours of the receipt, the contractor shall e-mail or fax (followed by mailing of the original) a lump sum proposal for requested work to the City's project manager based upon the approved labor rates provided in the contract documents and material costs. The City project manager will then issue a purchase order to the selected firm for the work. No work shall commence until the verification of the issuance of the purchase order. Invoicing for completed work shall be submitted to the requesting City's project manager for processing and submission for payment by the Finance Department, with a copy to: Finance Department City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Remainder of page left blank intentionally B05-08 21 CITY OF OCOEE BID#B05-08 BID FORM TERM CONTRACT FOR CONCRETE CONSTRUCTION Labor Category Hourly Rate Daily Rate Superintendent S 5 3.o.Oo Ni)v 4 0.0 0 2-6.8-:0.0 Foreman S $ 1$4.50 pv 35.60 340-7-8-0 Heavy Equipment Operators 26.00 $ 208.00 Equipment Operator $26.00 $ 208. 00 Skilled Laborer S $ 25.00 200.00 Semi-skilled laborer $ 19.70 $ 157.60 Laborer $ $ 17.60 140 .80 Flagperson $ $ 18.00 144 .00 Other: $1 7.00 $ 136 .00 Other: S $ 17.00 136.00 Other: S S 17.00 136 .00 Unit costs prepared by:(Tony) Padarath Lutchman Date: 03/30/2005 Print Name/Title: President Firm: Tony' s Construction ('n, Tnr_ B05-0S 7-' Bid#B05-08 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM"ARE ACCURATE AND WITHOUT COLLUSION. _ 14-6..7 ,2t G'.7 LSC- 7 � C"�tr(c • /� t i< • S � Cel -�+ST�Zv[ 1 rfK � � �G 7 - - .5156 n I COMPANY NAME TELEPHONE(INCLUDE AREA CODE) Lj.Q7- ES 6 -057S , in'' , Deana Chivies FAX (INCLUDE AREA CODE) s• yMy Commission 00072114 d Expires March 29,2006 E-MAIL ADDRESS Ccallatte j i,g,e4e X' IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, r PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) 7 :2- /24' C STREET ADDRESS Ce:( qty .3N 7 1 CITY STATE ZIP FEDERAL ID# 01-C:51/ 3 41- t Individual ,,-Corporation Partnership Other(Specify) Sworn to and subscribed before me this 3 to-4-day of _ ,20 CS. Personally Known ✓ or Produced Identification Notary Publi -State of gisax (Type of Identification) County of l J C� -., Signature of Notary yP-ublic eQr k CSC 4es Printed, typed or stamped Commissioned name of Notary Public B05-08 23 Padarath Lutchman Tony's Construction Company 762 Lancer Cir 20 E. Bay St. Ocoee Fl 34761 Winter Garden Fl 34787 Cell#(407)466-5756 Ph#& Fax# (407)656-2276 Fax#407 656-0578 Ph#407-656-7121 ATTN: Reference for the past six years. Hubbard Construction Company Orlando Construction Division P.O.Box 54217 Orlando,FL 32854—7217 Contact person and number: 407-645-5500 Date Of Contract :March 24,2005 Project Name: SR 526(441 to Mills) Amt$90,107.55 NS Marine& Industrial Service Corporation 5303 Old Winter Garden Rd. (Bridge repairs,concrete flat work&etc.) Orlando, FL 32811 Contact person and number: Mr. Dennis Nyunt Shin Ph#(407)299-1237 Sub-Contractor for: 4 years. DOT: Sidewalk Maintenances Amt$84,000 Date Of Contract:Jan 15`h,2005 Orange County 4200 S.John Young Park way Orlando Fl 32839-9205 Contact person and P#: Michel Baker 407-836-7723 Fax#407-836-7839 (Concrete flat work&etc) April 22, 2004 to May 24, 2004 Cost$78,526.000ompleted Orange Canals Restoration Project Amount 687,976.15 in Progress Middlesex Corp One Spectacle Pond Rd Littleton,MA 01460 Ph#:978-742-4400 Contact: Jim Allen Date Of Contract:Jan 17`h,2005 Amt of Project: $9200.00 TMC Job#2025: State Road 530(US 192) For any other questions you may contact me at the above number. Thank you, 06/03/2005 14:20 4076826869 DAVID/GREG_INS PAGE 02 CERTIFICATE OF LIABILITY INSURANCE D6/3/2o 5) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marconi Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE g cY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 521E SR 434 ALTER THE COVERAGE AFFORDED EIY THE POLICIES BELOW. Longwood, FL, 32750 407-682-6800 INSURERS AFFORDING COVERAGE — NAIC# INSURED Padarath Lutchman INSURER A: Nationwide Insurance DBA Tony's Construction Company INSURER B; 762 Lancer Cr INSURER Cl; 'r— Ocoee FL 34761 INSURER D: — J INSURER C: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDMCN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSIJCf) OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR*DDI POLICY EI-FECTIVE f U> ICYEXPIRAI IJN LIMITS LTR tNSRD TYPE Or INSURANCE POLICY NUMBER DATEIMMIDDNY) D TE IMM/DA/YYI [GENERAL I'ABILITY EACH OCCURRENCE I $ 1/000_,000 1 UAMAr..6 I U HtN I II.) X COMMERCIAL GENERAL LIAEILITY PREMISES(E,9 Dr,.DllrTnee) t 100,poo CLAINISMADE X OCCUR MED EXP(Any ane person) 5,000 ! A 77AC785602301 8-7-05 8-7-06 I PERSONAL A ADV INJURY 11 1,000,0001 ''CFNERAL AGGREGATE _ S 2,000 ,0001 MI AC(;REGATE LIMIT APPLIES PER: PRODUCTS-CO MFIOf Arts; $ 1,0 0 O,0 0 0 jPOLICY X JPERcUT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMN' Is 1 ,000,000 ANY AUTO (F_,accident) All OWNED AUTOSBODILY INJURY $ ---1 (I'rr per90n) X SCHEDULED AUTOS A XJ HIRED AUTOS 773A7856023004 8-7-05 8-7-06 BODILY INJURY 1 (Peraaddent) X NON-OWNED AUTOS `— PROPERTY DAMAGE $ (Perecddr,.nl) ...... L f;ARAGELIASILITY AiITOONLY.GAACC'IDENT Imo_ IF'1 ANYAUTO OTHER TIIAN LAAr.,c :h AIITOONI.Y: Ar:,0 S EXCESSIUMORELLALIABILITY .� EACH OCCURRENCE $ A OCCUR ` I CLAIMSMADE AGGREGATE _J$ DEDI,ICTIBLE I'-- 1 b RETENTION S •til - U'H-I , _--WORKERS COMPENSATION AND X .TORYLIMITS- ER F..MPLOYERS'LIABILITY 77WC7856023003 8-7-05 8-7-06 E.L.EACH ACCIDENT $ 500,000 ANY FPQPRIETDhIPARTNERICXECUTIVE Rt.DISEASE•EA 6MFLOYEF.s 500/ 0 q � A OFFICEnAAEMHER I kfIUDED'! If y4',deED1bc underE L•DISEASE•POLICY LIMIT $ 500,000 SPECIAL PROVISIONS br..Inw OTHER L 1 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY E_NDOR±EMENT I SPECIAL.PROVISIONS THE INSURANCE EVIDENCED BY THIS CERTIFICATE SHALL NAME THE CERTIFICATE HOLDER AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY. WORKERS COMPENSATION AND GENERAL LIABILITY SHALL CONTAIN A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER ^CERTIFICATE HOLDERCANCELLATION r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THF EXPIRATION CITY OF OCOEE DATE THFREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL../°_ DAYS WRI1 fEN 150 N LAKESHORE DR NOTICE TO T)4E CERTIFICATE HOLDER NAMED TO TH LFFT,BLIT FAILURE Tn f10 SO SHALL QCOEE FL 34761 IMPOSE NO 08LIGAfION OR I(ABILITY OF ANY KO UPON TI IE IN;'URL-H,ITP AGENTS OR REPRESENTATIVES. AUTHORIZED REFREtiENTATNEice` • _ '/� I Ti)• ►•RD CrOiRP,,i"r ORATION 198A ACORD 25(2001 l08) 06/03/2005 14:20 4076826869 DAVID/GREG_INS PAGE 01 Y Date: 6-2-05 Number of pages including cover sheet: 2 a• } TO JOYCE TOL BERT RE: COT TONY'S From Jana L.Bridges CONSTRUCTION Davicb'Greg Ins Consultants Inc. t:r•ank Marconi AGENT 521 Fast SR 434 Longwood FL 3275(1 Phone: hridgcj6(a)nationwide.com Fax phone: 407-656-3501 CC Phone: (407) 682-(1800 Fax .hone: (407) 682-6869 REIVLARKS: Z Urgent fl For your review Reply ASAP E Please comment Thank-you Jana Center ofGood . Mayor Commissioners S. Scott Vandergrift . . >r`! Danny Howell, District 1 Scott Anderson, District 2 City Manager kn +r ;r Rusty Johnson, District 3 Robert Frank :k c. Nancy J. Parker, District 4 CITY OF OCOEE INVITATION TO BID #B05-08 TERM CONTRACT FOR CONCRETE CONSTRUCTION City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407)905-3100 • fax: (407)656-8504 • www.ci.ocoee.fl.us TABLE OF CONTENTS ,.z, FOR BID #B05-08 - , a 7 QNNTRACT FOR CONCRETE CONSTRUCTION BID DOCUMENTS 3 Legal Advertisement 4 thru 6 Invitation to Bid #B05-08 7 thru 16 General Terms & Conditions 17 Subcontractors/Equipment Listing 18 References/Summary of Litigation SCOPE OF WORK/BID FORM 19 thru 21 Scope of Work/Special Conditions 22 Bid Form 23 Company Information/Signature Sheet END OF TABLE OF CONTENTS B05-08 2 LEGAL ADVERTISEMENT Ocoee City Commission Sealed bids will be accepted for Bid #B05-08, TERM CONTRACT FOR CONCRETE CONSTRUCTION, no later than 2:00 PM, local time, on March 31, 2005. Bids received after that time will not be accepted or considered. No exceptions will be made. The City reserves the right to reject any and all bids and waive informalities. The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting bids from qualified contractors with specialty in concrete work for construction of sidewalks, ramps, driveways, slabs, gutters, spillways, vertical curbs, curb & gutter, etc. for projects less than $80,000 in construction costs per work order. The City intends to award contracts to one or more qualified contractors based on prices, ability of contractor to perform the required work, satisfaction of required insurance, and a successful reference check. Contractor selected by the City will provide construction services to the City on an as needed basis, based upon work orders to be issued by the City under the contract. The contract shall automatically be renewed annually unless terminated by the City in writing, for a maximum of three (3) years from the date of the execution. City reserves the right to terminate the contract for non-performance given thirty (30)days written notice and payment for completed work. There will not be a pre-bid conference for this project. A Bid Security in the amount of one thousand dollars ($1,000.00) must accompany each bid. All bids shall be submitted as one (1) original and two (2) copies of the required submittals, in a sealed envelope plainly marked on the outside with the appropriate bid number and opening date and time. Bids will be received in the City of Ocoee, Attn: Purchasing Agent, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258. Bids will be publicly opened and read aloud in the City Hall Conference Room on the above-appointed date at 2:01 PM, local time, or as soon thereafter as possible. Interested firms may secure a copy of the bid documents through Demandstar by accessing the City's website at www.ci.ocoee.fl.us under BidsNendors, or copies are available from the contact person identified above for a non-refundable reproduction and/or administrative fee of $20.00. Checks should be made payable to the City of Ocoee. Copies via e-mail are not available and partial sets of bid documents will not be issued. No fax or electronic submissions will be accepted. City Clerk March 6, 2005 B05-08 3 CITY OF OCOEE INVITATION TO BID #B05-08 TERM CONTRACT FOR CONCRETE CONSTRUCTION INTENT: Sealed bids for Bid #B05-08 will be received by the City of Ocoee, hereinafter called "The City", by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called"Respondent". The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for various Concrete Construction Projects for the City of Ocoee as listed under the "Scope of Work/Bid Form" section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each respondent shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil. No erasures permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and should be properly witnessed and attested. All bids should also include the name and business address of any person, firm or corporation interested in the bid either as a principal, member of a firm or general partner. If the respondent is a corporation, the bid should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. Any questions or concerns regarding this bid should be addressed in writing to the Finance Department, City of Ocoee, FL, Attention: Purchasing Agent (407)905-3100, extension 1516 and fax (407)656-3501, not later than March 24, 2005. Any clarifications/changes will be through written addenda only, issued by the Finance Department. Respondents should not contact City staff, with the exception of the Purchasing Agent, or other City consultants for information before the bid award date. Any contact with any other member of the City Staff, City Commission, or its Agents during this time period may be grounds for disqualification. C. This bid must be received as one (1) original and two (2) copies of the required submittals only, by the Finance Department not later than 2:00 P.M., local time, on March 31, 2005. Bids received by the Finance Department after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e-mail will not be accepted. Bids shall be delivered in a sealed envelope, clearly marked with the bid number, title, and opening date and time to: City of Ocoee Finance Department Attention: Purchasing Agent 150 N Lakeshore Drive Ocoee, FL 34761-2258 B05-08 4 D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as possible on the above-appointed date. Respondents or their authorized agents are invited to be present. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. E. All respondents shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Cashier's or Certified check or Bid Bond; b) List of References/Experience; c) List of Subcontractors/Temporary Worker Agencies; d) Equipment Listing; e) Summary of Litigation; f) Any other information specifically called for in these Bid Documents. F. Submission of a bid shall constitute an acknowledgment that the respondent has complied with Paragraph E. The failure or neglect of a respondent to receive or examine a bid document shall in no way relieve it from any obligations under its bid or the contract. If "NO BID", so state on face of envelope or your company may be removed from the City's vendor list.No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work. All items quoted shall be in compliance with the bid documents/scope of work. G. There will not be a pre-bid conference scheduled for this project. H. Any response by the City to a request by a respondent for clarification or correction will be made in the form of a written addendum which will be mailed, e-mailed or faxed by Demandstar, or the City if applicable, to all parties to whom the bid packages have been issued. The City reserves the right to issue Addenda, concerning date and time of bid opening, clarifications, or corrections, at any time up to the date and time set for bid opening. In this case, bids that have been received by the City prior to such an addendum being issued, will be returned to the respondent, if requested, unopened. In case any respondent fails to acknowledge receipt of any such Addendum in the space provided on the Addendum and fails to attach the Addendum to the respondent's bid, its' bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Respondents are cautioned that any other source by which a respondent receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. I. Any of the following causes may be considered as sufficient for the disqualification of a respondent and the rejection of its bid: a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among respondents; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; B05-08 5 d) Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on prior projects which, in the City's judgment and sole discretion, raises doubts as to Respondent's ability to properly perform the work; or e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Respondent or the rejection of its bid. No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid opening. The City reserves the right to accept or reject any or all bids, to waive informalities or irregularities, to request clarification of information submitted in any bid, or to readvertise for new bids. The City may accept any item or group of items of any bid, unless the respondent qualifies his/her bid by specific limitations. Award, if made, will be to the most responsible and responsive respondent whose bid, in the City's opinion, will be most advantageous to the City, price and other factors considered. The City reserves the right, to aid it in determining which bid is responsible, to require a respondent to submit such evidence of respondent's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the award of any and all bids. B05-08 6 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a)_ Each proposal must be accompanied by a Cashier's/Certified Check upon an incorporated bank or trust company or a Bid Bond in the amount of one thousand dollars ($1,000.00). A combination of any of the former is not acceptable. Cash will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City, then such respondent shall be liable to the City in the full amount of the check or bid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety acceptable to the City and authorized to do business in the State of Florida and signed by a Florida licensed resident agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required bond and required insurance coverage is to be included in the respondent's overhead and is not eligible for reimbursement as a separate cost by the City. e) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE AND PAYMENT BONDS None Required. 3. DEFAULT: As a result of bids received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the B05-08 7 Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 4. PATENT INDEMNITY: Except as otherwise provided, the successful respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder. 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached, to include any alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the Scope of Work/Bid Sheet. A total shall be entered for each item bid. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the bidder and the City assumes no responsibility for such costs incurred by the bidder. By submission of this bid, the Respondent certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, that in connection with this procurement: a) The Respondent represents that the article(s) to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other respondent or with any competitor; c) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other respondent or to any competitor; d) No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (Florida SS 542.18 and all applicable federal regulations); e) Respondent warrants the prices set forth herein do not exceed the prices charged by the respondent under a contract with the State of Florida Purchasing Division; and f) Respondent agrees that supplies/services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Respondent gives to any customer for such supplies/services and that rights and remedies provided B05-08 8 herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible bidder according to the following criteria: • Compliance with specifications, terms, and conditions • Bid price • Warranty offered • Delivery time • Experience with similar work • Successful reference check 9. LITERATURE: If required by the Bid Schedule, or the specifications, descriptive literature/brochures shall be included with this bid in order to properly evaluate make/model offered. Bids submitted without same may be considered non-responsive and disqualified. 10. DISPUTES: Any bidder who disputes the reasonableness, necessity, or competitiveness of the terms and/or conditions of the Invitation to Bid, selection or award recommendation shall file a protest in writing to Joyce Tolbert, Purchasing Agent not later than seventy-two (72) hours after the "Notice of Intent to Award" is issued. B05-08 9 11. PAYMENT TERMS: See Scope of Services/Assignment Procedures Section. Payment for work completed will be made within (30) days of approved invoice. No payment will be made for materials ordered without proper purchase order authori- zation. Payment cannot be made until materials, goods or services, have been re- ceived and accepted by the.City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales & Use Tax Exemption Certificate No. 58-00-094593-54C; and • The City is exempt from federal excise, state, and local sales taxes. 12. CONTRACT: The successful Respondent, hereinafter referred to as "Contractor" will be required to enter into a contract with the City. The contract shall mean a written agreement or City issued purchase order. The City intends to award contracts to the most qualified contractor based on unit prices, ability of contractor to perform the required work, satisfaction of required insurance, and a successful reference check. Contractor selected by the City will provide construction services to the City on an as needed basis, based upon task orders to be issued by the City under the contract. The contract shall automatically be renewed annually unless terminated by the City in writing, for a maximum of three (3) years from the date of the execution. City reserves the right to terminate the contract for non-performance given thirty (30) days written notice and payment for completed work. The City may in its sole discretion award any additional work, whether in the existing areas, or in any additional area, or any additional area, to any third party, or such work may be performed by the City's employees. Contractor will be expected to cooperate with any or all other Contractors who may be performing work for the City. 13. SAFETY REQUIREMENTS: The Respondent guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction work. B05-08 10 b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 1) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc. 14. DRUG-FREE WORKPLACE: If applicable, provide a statement concerning the Respondent's status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES The Respondent certifies that the respondent does not and will not maintain or provide for the respondent's employees any segregated facilities at any of the respondent's establishments and that the respondent does not permit the respondent's employees to perform their services at any location, under the respondent's control, where segregated facilities are maintained. The Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Respondent agrees that (except where the respondent has obtained identical certification from proposed contractors for specific time periods) the respondent will obtain identical B05-08 11 certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the respondent will retain such certifications in the respondent's files. The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. STATEMENT OF AFFIRMATION AND INTENT: The respondent declares that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the respondent agrees to immediately notify the City in writing. The respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, respondent offers and agrees that if this negotiation is accepted, the respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti- trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the respondent. The bid constitutes a firm and binding offer by the respondent to perform the services as stated. B05-08 12 17. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "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 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 may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." All respondents who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133, (2)(a), Florida Statutes. 18. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate payments will be made. b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's Protective Inspections Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the contractor. 19. INSURANCE TERMS AND CONDITIONS The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for,any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. B05-08 13 b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: Automobile Bodily Injury Liability&Property Damage Liability • $1,000,000 Combined single limit per occurrence(each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired& non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non- contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL&ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. B05-08 14 Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability Builders Risk: • $100,000 Any (1) Location • $1,000,000 Any (1) Occurrence Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: The name of the Insured contractor,the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. Remainder of page left blank intentionally B05-08 15 PROOP 10 JC DATE IMRDOI'YYN l ACORD- CERTIFICATE OF LIABILITY INSURANCE _l 11/04/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR • ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • INSURERS AFFORDING COVERAGE NAIL e INSURED INSURER Az a lest LO *E a•a smear INSURER t CQ�3tractor'■ Name NSUREFI0 Address n JARR DI INSURER E COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ESUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY MOAMOAENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TMS CERTIFICATE NAY NE ISSUED OR MAY PERTAN.THE INSURANCE AFFORDED BY THE POLICES DESCRRED HEREIN S NNUECT TO ALL THE TERNS.EXCLUSIONS AND CONDITIONS Of SUCH POLICIES.AGGREGATE UNITS SHOWN MAY HAVE BEI REDUCED BT PATO CLARK. PpLCYPpLA,y E7pIpAT�t 'N/ WANy POLICY NUMBER DATER DATE 7Y) UNITS LTII 11680 NINE Q IISURAi1C! GENERAL UMW.= EACAIQ JRRENDE s1,000,000 nROM IUaoccury 550,000 X X COMMERCIAL GENERAL LIABILITY PRDARE! ) ■.wan NAGE 0 OCCUR MED Em INN Nm maw) s 5,000 ■ PERSONAL AAOV INJURY S 1,000,000 GENERAL AGGREGATE $2,000,000 GENL AGGREGATE UNI APPLIES PER PRODUCTS•COPN7P AGO.s 2,000,000 • POLICY Ix JECT 7 LOC _ AUTOSOSLE LwISTY COURSED sN0LE LWIT s 1,000,000 16 MINN)©ANY AUTO — .ALL OWNED AUTOSILY mJ RY s III SCHEDULE!)AUTOS I— ©TOPED AUTOS BOOTLE INJURY S El (Pm NddW NON'OWNFD AUTOS • . PROPERTY DAMAGE(PH woONAI :s I GARAGE LIABR.ITYAUTO ONLY•EA ACCIDENT S ANY AUTOOTHERTHAN EA ACC'.S AUTO ONLY: AGO S acEssADMNSRELtw L ARLTTY EACH OCCURRENCE s 1,000,000 X X OCCUR ECLAWS MAGE AGGREGATE 52,000,000 S 5 DEDUCTIBLE S RETENTION S wt.sl ANu• uiN- WORNLLS COMPENSATION AND X I TORY LNNTS I 1 ER EAPLOYW UP/NUTT &L lACNAICGDENT 6500,000 I OF = T �M EL DISEASE-EA EMPLOYEE s 500,000 EWES sb.. EL DISEASE.POLICY LIMIT 1500,000 OTHER Builders Risk Any 1 Loc 100,000 A y 1 Occ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED/IT BIDORSEAENT I SPICML PROVISIONS The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability & Umbrella Liability. Workers' Compensation, Employers' Liability i General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate bolder is added as a IE®d.IIEEZEd$I HuiLdEg:.,Risk. CERTIFICATE HOLDER CANCELLATION OCOEE01 MOULD MT OP THE MOPE DESCRIED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE MANN.TIN MELON INSURER WILL ENDEAVOR TO MWL 10 DAYS WRITTEN NOTICE TO THE CEEGRGATE MOLDER NAMED TO THE LIFT.BUT FA/LURE TO DO 30 SHALL City of Ocoee IMPOSE NO ONUOATION OR UABIUTY OF MY END UPON THE INSURER,ITS AGENTS OR 150 N. Lakeshore Drive RerlmoNrATRVIy Ocoee EL ] 761-2258 NJT$ON=REPRISRNTATIVE OP' m ACORD CORPORATION ISIS ACORD LS(2007108) SRS p C ` B05-08 16 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: (Attach additional sheets if necessary) The respondent certifies that the respondent has investigated each subcontractor/temporary worker agency listed and has received and has in the respondent's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. B05-08 17 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Respondent shall complete the following blanks regarding experience with similar type of work, INCLUDE AT LEAST THREE (3) MUNICIPAL GOVERNMENT REFERENCES. Respondent must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Have you any similar work in progress at this time? Yes_ No . Length of time in business Bank or other financial references: (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the respondent in the past five (5) years which is related to the services that the respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. B05-08 18 CITY OF OCOEE B05-08 SCOPE OF WORK/SPECIAL CONDITIONS TERM CONTRACT FOR CONCRETE CONSTRUCTION TYPICAL SCOPE OF SERVICES The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting bids from qualified contractors for general minor construction work for construction of sidewalks, ramps, driveways, slabs, gutters, spillways, vertical curbs, curb & gutter, etc. The City intends to award contracts to one or more qualified contractors based on labor rates, ability of contractor to perform the required work, satisfaction of required insurance, proximity of the contractor's office to the City, and a successful reference check. Contractor(s) selected by the City will provide construction services to the City on an as needed basis, based upon task orders to be issued by the City under the contract for projects and work orders with total costs of $80,000 or less. The contracts shall automatically be renewed annually unless terminated by the City in writing, for a maximum of three (3) years from the date of the execution. City reserves the right to terminate the contracts for non-performance given thirty (30) days written notice and payment of work already accomplished. The scope of work to be performed under task orders issued under this contract may consist of, but will not necessarily be limited to the following: • Concrete sidewalk, various widths and depths • Concrete aprons and driveways, various width and depth • Concrete slabs, various widths and depths • Concrete headwalls, various heights, widths, and depths • Mitered end sections, various sizes • Spillways, various widths and lengths • Retaining walls, various heights and lengths • Vertical curbs,various types and lengths • Curb & gutter, various types and lengths SUBMISSION REQUIREMENTS: The interested and qualified contractors shall submit a bid package to include the required submission material as stated in this Invitation to Bid: Any request to withdraw a Bid Package must be addressed in writing. Such requests must be received by the City prior to the deadline for submission. Unit Prices This contract shall be based upon fixed labor costs and variable material costs. The fixed costs are subject to annual escalations as described below. B05-08 19 Labor Rate- Contractor shall submit standard loaded (includes all company overhead, benefits, etc.) labor rates to be used for a period of one year from date of the award of the contract. Labor rates shall be subject to automatic 3% escalation for each subsequent year up to the termination of the contract. Contractor may request a higher or lower increase each year at least sixty (60) days prior to renewal date of the contract. In their request, contractor must provide reliable and verifiable justification for the unit cost adjustments. The City's project manager upon review of the justification may approve or deny the request. The rate escalation beyond 3% (if requested) shall be subject to approval by the City Commission. Material Cost—Due to unpredictable nature of the material costs, contractor will be able to present material costs in their cost estimate to the City for each work order. Contractor shall provide reasonable and verifiable back-up information for the material costs. Mobilization Charges—Mobilization charges shall be limited to 3% of the work order but no more than$2,000.00 total and shall be automatically added to each work order. Maintenance of Traffic (MOT) Charges—MOT charges shall be limited to $250.00 for category 1 and $500.00 for category 2 per work order as described below. Contractor may propose a lower rate than indicated. Category 1 projects shall be applied to work adjacent to roadway with no lane closures. Category 2 projects will apply to work inside the roadway. Cost Proposals Upon a request by the City, contractor shall prepare and present a lump sum cost estimate to the City within 36 hours of the request. City has the right to accept or reject the cost proposal or ask for justification or additional information. It must be completely understood that this contract is for work on an as-needed basis. Nothing provided in this document is intended to be a guarantee of work and dollar amount assigned to the contractor. Maintenance of Traffic It shall be the Contractor's responsibility to maintain traffic in accordance with the latest version of the M.U.T.C.D. standards. Lane closures are not permitted in the peak direction of traffic from 7:00 to 9:00 AM, and 4:00 to 6:00 PM. Plans & Permits City may or may not provide any plans for the projects depending on the complexity of work to be performed. Contractor shall apply for a permit for each project. Permit fees are not required for the City issued permits. Cost of permits from other agencies (if applicable) shall be included in Contractors cost proposal. Inspections City will accept each project after an inspection of the final product. Failure of the City to detect problems shall not relieve the Contractor from their obligation to provide quality work in accordance with industry standards. B05-08 20 Governing Standards 1. Unless otherwise explicitly expressed in writing, all work performed under this contract shall be in accordance with State of Florida Building Codes, FDOT standards, Orance County codes and standards, and City of Ocoee LDR's (Land Development Regulations). 2. All items shall include shall include demolition of existing, disposal of debris, preparation& forming as required. 3. It shall be the responsibility of the contractor to locate all underground utilities prior to new construction. Any and all damages caused by the contractor shall be repaired at the expense of the contractor at the satisfaction of the owner. 4. Fiber reinforced concrete will not be accepted for sidewalks. ASSIGNMENT PROCEDURES When a need arises, the City's project manager will prepare and e-mail or fax a brief description and/or plans for the required task and project schedule to the contractor. Each request from City Departments shall include a specific project number and a financial account information number for funding. Within 48-hours of the receipt, the contractor shall e-mail or fax (followed by mailing of the original) a lump sum proposal for requested work to the City's project manager based upon the approved labor rates provided in the contract documents and material costs. The City project manager will then issue a purchase order to the selected firm for the work. No work shall commence until the verification of the issuance of the purchase order. Invoicing for completed work shall be submitted to the requesting City's project manager for processing and submission for payment by the Finance Department, with a copy to: Finance Department City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Remainder of page left blank intentionally B05-08 21 CITY OF OCOEE BID #B05-08 BID FORM TERM CONTRACT FOR CONCRETE CONSTRUCTION Labor Category Hourly Rate Daily Rate Superintendent $ $ Foreman $ $ Heavy Equipment Operator $ $ Equipment Operator $ $ Skilled Laborer $ $ Semi-skilled laborer $ $ Laborer $ $ Flagperson $ $ Other: $ $ Other: $ $ Other: $ $ Unit costs prepared by: Date: Print Name/Title: Firm: B05-08 22 - Bid#B05-08 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM"ARE ACCURATE AND WITHOUT COLLUSION. COMPANY NAME TELEPHONE(INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID# Individual Corporation Partnership Other(Specify) Sworn to and subscribed before me this day of ,20 . Personally Known or Produced Identification Notary Public-State of (Type of Identification) County of Signature of Notary Public Printed,typed or stamped Commissioned name of Notary Public B05-08 23