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HomeMy WebLinkAboutItem 07 Approval to Award RFP #20-004 Fuel Island Upgrade ocoee florida AGENDA ITEM COVER SHEET Meeting Date: July 21, 2020 Item #: Reviewed By: Contact Name: Joyce Tolbert/Shannon Hopper Department Director: R z r,y• . �d Contact Number: 1516/1524 City Manager: !f ;� Subject: Award of RFP #20-004 Fuel Island Upgrade Background Summary: In compliance with the City of Ocoee (City) Purchasing code & Florida Statutes, proposals were solicited from qualified contractors to construct the Fuel Island Upgrade, which includes installation of a new 20,000 gallon double wall steel storage fuel tank with modification of existing fuel tank and its related pumps and piping for an above-ground fuel system at the City of Ocoee Public Works Facility. This project will provide additional fuel capacity for the City should emergency management conditions be enacted. The bid was publicly advertised on February 16, 2020, and opened on May 4, 2020. A total of three (3) proposals were received. One (1) proposal was considered non-responsive as it contained special conditions and their proposal included an expiration of 30 days, which conflicted with the terms of the solicitation. The Public Works Department and Finance Department reviewed the two (2) proposals, which range in value from $199,095.00 to $224,118.00. Staff recommends awarding the bid to RC Development Group as the most responsive and responsible bidder for the project based on their full understanding of the project scope, per the attached recommendation the Public Works Director. The two responsive proposals were evaluated by the RFP Evaluation Committee appointed by the City Manager. The Evaluation Committee was comprised of three (3) members: Steve Krug, Public Works Director; Bill Simmons, Public Works Operations Manager; and Trent Hopper, Facilities Superintendent. The public RFP Evaluation Committee meeting was held on July 7, 2020, with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. Please see the attached shortlist/evaluation form. The following table includes Evaluation Committee's rankings. Respondent/Rank Price Proposal 1. RC Development Group $224,118.00 2. Adams Tank & Lift, Inc. $199,095.00 The City denied KC Petroleum's bid protest and a copy of the protest is attached along with the City's response, which was reviewed by the City Attorney. Issue: Should the City Commission award the Fuel Island Upgrade to RC Development Group as recommended by the Evaluation Committee? Recommendations: Staff recommends the City Commission award RFP #20-004 Fuel Island Upgrade to RC Development Group, in the amount of $224,118.00 and authorize the Mayor, City Clerk, and Staff to execute the required contract documents once the required bonds and insurance are received. Staff also recommends the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order and up to the budgeted amount for this project for all change orders. Attachments: 1. Solicitation RFP #20-004 2. Addendum 1, 2, & 3 3. RC Development Group's proposal 4. Adams Tank & Lift's proposal 5. RFP Checklist 6. Evaluation Form/Shortlist 7. Award Recommendation from Public Works 8. Protest from KC Petroleum and the City's response Financial Impact: The project is adequately funded through the Public Works Departments Capital Improvement Program. $138,234.00 was budgeted in FY 18/19 and an additional $95,000.00 was budgeted in the current fiscal year for a total of$233,234.00. Type of Item: (please mark with an x) ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading lid Consent Agenda ❑ Ordinance Second Reading ❑ Public Hearing ❑ Resolution ❑ 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 Reviewed by Finance Dept. Reviewed by 2 4 Ah‘..\$0.1r ocoee florida Mayor MEMORANDUM Rusty Johnson Commissioners Date: July 13, 2020 Larry Brinson,Sr/ District 1 I CoQe Public works Team To: Shannon Hopper, Purchasing Agent Rosemary Wilsen District 2 From: Stephen C. Krug, Public Works Direct. Richard Firstner �,� 1 ,� • District 3 Improving a great community RE: Contract Award Recommendation. George Oliver III RFP # 20-004 Fuel Island Upgrade District 4 City Manager Robert D.Frank Public Works recommends award of the Fuel Island Upgrade, RFP No. 20- 004, to RC Development Group, Inc., of Ponte Vedra, Florida. The City • received two (2) qualified proposals on the project from interested firms. The evaluation committee unanimously selected RC Development Group for the project based on their full understanding of the project scope. RC Development Group has been in business since 2004 with a management and design team for this project with a combined experience of over 100 years in designing and construction fuel system projects throughout the State of Florida. This project will provide additional fuel capacity for the City should emergency management conditions be enacted. The project is adequately funded through the Public Works Department Capital Improvement Program. City of Ocoee •301 Maguire Road • Ocoee, Florida 34761 Phone: (407) 905-3170•www.ocoee.org CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #20-004 FUEL ISLAND UPGRADE 4- - Ocoee florida e r •r a, s t c r rya.= t ` 't € t e -v� .f r 7 •-' ',� u ""z ,*�' t� 4 '� •�� '"��:' t -� " r e �. � '�"`5,,,a ass 7 � A YL`� »��•i rvh,2?'``'� "�,� "��"�� .h'�t �. ... .,����3� �'::��' �' ��'`'4=:'3��� .t5• , RFP DOCUMENTS Section Page Legal Advertisement 3 Proposal Instructions 4 - 7 General Terms&Conditions 8 -22 Summary of Litigation*,p. 18 Acknowledgement of Addenda*,p.18 List of Subcontractors*,p. 18 Equipment Listing*,p. 19 References/Experience*,p. 19 SCOPE OF WORK,PROPOSAL FORM,AND PROPOSED CONTRACT Section Page Exhibit A—Scope of Work 23 -24 Exhibit B—Proposal Form* 25 Exhibit C—Bid Bond Form* 26 -31 Exhibit D—Performance and Payment Bond Forms 32 - 35 Company Information and Signature Sheet* 36 Conflict of Interest Disclosure Form* 37 Drug Free Workplace Certification Form* 38 Certification Regarding Scrutinized Companies Form*. 39 Trench Safety Act Compliance Form* 40 Exhibit E—Proposed Contract for Construction Services 41 -48 Exhibit F—Location Map 49 *Submit with Proposal End Table of Contents RFP20-004 Fuel Island Upgrade 2 Request for Proposals,Legal Advertisement The City of Ocoee, Florida (City) is soliciting sealed proposals for RFP #20-004 Fuel Island Upgrade. Proposals will be received at the office of Shannon Hopper, Purchasing Technician, Finance Department/Purchasing, First Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on March 17, 2020. Proposals received after that time will not be accepted under any circumstances. Sealed proposals that have been timely received will be publicly opened and the names of the responding firms read aloud at that time. A non-mandatory Pre-Proposal Conference and site visit will be held at 10:00 a.m., local time, on Tuesday, March 3,2020 at Ocoee Public Works,301 Maguire Road, Ocoee, FL 34761 (north of State Road 50). Prospective respondents may secure a copy of the documents required for submitting a proposal through Demandstar by accessing the City's website at http://www.ocoee.org under the "Living & Working/Doing Business with the City" section. Partial sets of the documents required for submitting a proposal will not be issued. By using Demandstar, prospective respondents will be provided with all information regarding this RFP and addenda and changes to the project requirements. Membership with Demandstar is not required to submit a proposal; fees may apply for non-members. Persons other than prospective Respondents may inspect the documents required for submitting a proposal at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee, as prescribed by statute. Melanie Sibbitt, City Clerk, Orlando Sentinel, February 16, 2020. RFP20-004 Fuel Island Upgrade 3 CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) #20-004 FUEL ISLAND UPGRADE INSTRUCTIONS A. Sealed proposals for RFP #20-004 will be received by the City of Ocoee, hereinafter called "City," from any person, firm, corporation, or agency, hereinafter called "Respondent," submitting a proposal for the services being solicited. Each Respondent shall furnish the information required on the proposal form supplied and each accompanying sheet thereof on which an entry is made. Proposals submitted on any other format shall be disqualified. Proposals must be typewritten or handwritten using ink; do not use pencil. Proposal documents must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All proposals should also include the name and business address of any person, firm, or corporation interested in the proposal, either as a principal, member of the firm, or general partner. If the Respondent is a corporation, the proposal 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 RFP should be addressed in writing to the Finance Department/Purchasing, City of Ocoee, FL, Attention: Shannon Hopper, Purchasing Technician (407) 905-3100, extension 1524 and email preferred shopper@ocoee.org, and must be received not later than March 10,2020,at 2:00 p.m. in order to receive an answer. Any clarifications/changes will be only through written addenda issued by the Purchasing Technician. Respondents should not contact City staff, with the exception of the Purchasing Technician, or other City consultants for information regarding this RFP before the proposal award date. Any contact with any other member of the City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. C. Proposals must describe the qualifications of the firm planning to provide services. The proposal shall be presented as one (1) original and three (3) copies. The entire proposal package shall be received by the Finance Department/ Purchasing not later than 2:00 p.m., local time, on March 17, 2020. Proposals received by the Finance Department/Purchasing after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Proposals or any information transmitted by fax or e-mail will not be accepted. Proposals shall be delivered in a sealed envelope, clearly marked with the RFP number, title, and closing date and time, to: City of Ocoee Finance Department/Purchasing Attention: Shannon Hopper,Purchasing Technician 150 N. Lakeshore Drive Ocoee, FL 34761-2258 RFP20-004 Fuel Island Upgrade 4 D. Pre-Proposal Conference: A non-mandatory Pre-Proposal Conference and site visit will be held at 10:00 a.m., local time, on Tuesday, March 3, 2020 at Ocoee Public Works, 301 Maguire Road, Ocoee, FL 34761 (north of State Road 50). E. The City intends to award a single contract to one (1) firm deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFP. Proposals will be reviewed by an Evaluation Committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled Evaluation Committee meeting(s) for this RFP will be noticed publicly and on Demandstar. A City evaluation committee will review and evaluate each Respondent's submittal and will short-list and recommend to the City Commission. 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 proposal constitute public records under Florida law. F. All Respondents shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal. G. Submission of a proposal shall constitute an acknowledgment that the Respondent has complied with the instructions of this RFP. The failure or neglect of a Respondent to receive or examine a document shall in no way relieve it from any obligations under its proposal or the contract. No claim for additional compensation will be allowed based upon a lack of knowledge or understanding of any of the contract documents or the scope of services. Proposals shall be in compliance with the contract documents and scope of services. All costs to prepare and submit proposals shall be the responsibility of the Respondent and the City shall make no reimbursement of any kind. H. Any response by the City to a request for information or correction will be made in the form of a written addendum, which will be distributed via Demandstar. It shall be the responsibility of each Respondent to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In this case, proposals 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 in the RFP documents, its proposal will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP 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 RFP Documents shall not bind the City. I. Any of the following causes may be considered sufficient for the disqualification and rejection of a proposal: RFP20-004 Fuel Island Upgrade 5 a) Submission of more than one (1)proposal 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 the Respondents; c) Being in arrears on any existing contracts with the City or in litigation with the City, or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City's judgment and sole discretion, raises doubts as to the Respondent's ability to properly perform the services; or e) Any other cause that, in the City's judgment and sole discretion, is sufficient to justify disqualification of Respondent or the rejection of its proposal. J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). 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 proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under an award 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. [See Florida Statute 287.133 (2) (a).] K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal that they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request for proposals become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically,the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the RFP20-004 Fuel Island Upgrade 6 duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. L. ACCEPTANCE AND AWARD. The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Respondent qualifies its proposal by specific limitations. The City may accept one or more proposals if,in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Respondent(s)which, in the City's sole discretion, is (are) the most responsive and responsible. The City reserves the right, as an aid in determining which proposals are responsible, to require a Respondent to submit such additional 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 selection of any and all proposals for acceptance and award. RFP20-004 Fuel Island Upgrade 7 RFP#20-004 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by Bid Security in the form a Cashier's/Certified Check or company check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5%) of the proposal amount. 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 proposal for a period of ninety (90) days after the scheduled closing time for the receipt of proposals, in accordance with the accepted proposal and RFP documents. Please note checks will be deposited. b) In the event of withdrawal of said proposal within ninety (90) days following the opening of proposals, 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 RFP 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 and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required Bid 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. 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 or until the 91st day after proposal opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of proposals. Bid Bonds will be returned upon request following the same criteria as a check 2. PERFORMANCE AND PAYMENT BONDS: (Required if the Project is over$200,000.00) a) The successful respondent shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used. b) The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of RFP20-004 Fuel Island Upgrade 8 the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. 3. 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. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the proposal price shall include all royalties or cost arising from the use of such design, device, or materials. 4. DEFAULT: As a result of proposals 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 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. 5. PRICING: Pricing should be provided as indicated on the Proposal Form attached as Exhibit B, to include any alternate proposals. Please note that alternate price proposals will not be accepted unless specifically called for on the Scope of Work and/or Proposal Form. Cost of preparation of a response to this RFP is solely that of the Respondent and the City assumes no responsibility for such costs incurred by the Respondent. RFP20-004 Fuel Island Upgrade 9 The Proposal Form may not be completed in pencil. All entries on the Proposal Form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Respondent to clarify an illegible entry on the Proposal Form. If the Proposal Form requires that the proposed price, or constituent portions of the proposed price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Proposal Form should be provided by the Respondent and be correctly computed. If there is an arithmetical conflict between the unit price stated by the Respondent on the Proposal Form and the total price stated by the Respondent on the Proposal Form, the unit price stated by the Respondent on the Proposal Form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Proposal Form to calculate the total price, utilizing the unit prices that have been identified by the Respondent. The taking of such action by the City shall not constitute grounds for the Respondent to withdraw its proposal nor shall it provide a defense constituting discharge of the proposal bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error, or other irregularity that may appear on the Proposal Form. However, the City reserves the right to reject Proposal Forms that are incomplete or contain information that is not required as being non-responsive. a) The prices 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; b) Unless otherwise required by law, the prices which have been quoted in this proposal 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; c) 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 proposal for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (Section 542.18, Florida Statutes, and all applicable federal regulations); d) 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 e) Respondent agrees that supplies/services furnished under this proposal, 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 herein are in addition to and do not limit any rights offered to the City by any other provision of the proposal 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 proposals. 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 RFP20-004 Fuel Island Upgrade 10 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 proposal opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract shall be awarded in accordance with the with the Evaluation Criteria set forth in the RFP. 9. LITERATURE: If required by the scope of work or the specifications, descriptive literature/brochures shall be included with this proposal in order to properly evaluate make/model offered. Proposals submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Technician at SHopper@ocoee.org with a copy to the Procurement Manager at JTolbert@ocoee.org. a) A Respondent shall file a written proposal protest under this Article or be barred any relief; oral protests shall not be acknowledged. b) A proposal protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the RFP, its addenda, and other proposal documents; and/or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications), if any. The Respondent shall clarify all questions concerning the design documents of the project prior to submitting its proposal. c) The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. d) The bid protest shall be filed with the Purchasing Agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. e) The Procurement Manager, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If Owner denies the protest, Owner may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. The Owner shall deduct ten (10%) retainage until the job is fifty (50%) complete. Subsequent to the RFP20-004 Fuel Island Upgrade 11 fifty percent (50%) completion milestone, Owner shall reduce retainage withheld on each payment application to five (5%) retainage. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received 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. 85-8013779974C-0; and • Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and local sales taxes. 12. 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. 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) The Contractor must 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 be secured to prevent displacement. RFP20-004 Fuel Island Upgrade 12 i) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. j) All heavy equipment must have, where applicable: (a) back-up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. k) Personal fall protection must be provided at elevations exceeding ten (10) feet. 13. DRUG-FREE WORKPLACE: Provide a statement concerning the Respondent's status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. 14. CONTRACT: a) The successful Respondent, herein also referred to as "Contractor," will be required to enter into a contract with the City along the terms and conditions included in the attached proposed contract. Construction time will be thirty(30) days from the Notice to Proceed for substantial completion and sixty (60) days from the Notice to Proceed for final completion. b) The City may, in its sole discretion, award any additional work, whether in the existing areas of the scope of work or in any area additional to those in the existing scope of work, to any third party or the City's own employees. Contractor will be expected to cooperate with any or all other contractors who may be performing services for the City. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES a) Respondent certifies that it does not and will not maintain or provide any segregated facilities for the Respondent's employees at any of the Respondent's establishments, and that Respondent does not permit Respondent's employees to perform their services at any location under the Respondent's control where segregated facilities are maintained. Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of its Proposal. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for employees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Respondent agrees that (except where Respondent has obtained identical certification from proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent's files. b) 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. RFP20-004 Fuel Island Upgrade 13 16. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION: The Respondent declares by submission of a qualification package 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. Respondent must submit the attached Conflict of Interest Statement. 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 17. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the Contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. RFP20-004 Fuel Island Upgrade 14 b) The City requires a City of Ocoee contractor registration if permitting is required. Please contact the City's Building 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. 18. INSURANCE TERMS AND CONDITIONS: The successful respondent shall be required to provide evidence of General (Public & Property) Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Ocoee and naming the City as an additional insured, by companies acceptable to the City at the minimum limits and coverages listed below with deductible amounts acceptable to the City. The selected 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. 1. 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. 2. 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. 3. 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, RFP20-004 Fuel Island Upgrade 15 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: 4. 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 5. 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 6. 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. 7. 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. 8. 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: FOR 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 RFP20-004 Fuel Island Upgrade 16 9. Certificates of Insurance: Certificate of Insurance Form (see sample, below), 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 Technician. 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, and 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. ro JC SATE(sorsoYYWI IP 4CORQ OP CERTIFICATE OF LIABILITY INSURANCE HRod ll/04/04 PROD... 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. • INSURERS AFFORDING COVERAGE NAIC• W.U. --- INSURER A ..we.Saw A. _ ... QQpp NeNNT a K ICogtr::tor'a Name NaMERc __ FIeaRNI O. .. INSURER E ' COVERAGES THE FOUCas OF WIRMANCE LISTED NLOW HAVE SEEN ISSUED ro THE INSURED IMMO MANE FOR THE POLICY PEWOO BO CATEO.NOT WTTHST/WOWO AHY..OUIwEAEHT.TRIO.C.COIIO/now OF ANY CONTRACT OR OTHER OOCUIRNT WITH RESPECT TO WHICH Tin CERTlCATE MAY SE ISSUED OA TM?FERTAN.THE roue NCGE AFFo1MED in M POLICIES OtaCAaED HERON IS SUSJECT TO ALL THE TERMS.SECLUSION.MO CONON .s OF SUS. POLICIES.AOOREOATE MISTS SOWN MAY HAVE SEWRECIJCED EY►AOCWM. Pp�t� �O N/RryI y POLICY NIMANI pATE i P�AlTi1MMOdYY) uwrs 4T•T•RR�.MO LIAMIL INSURANCE EACHHCCcUS1E.CE S1,000.000 ON'iRALLwuFY ' 1E0/000 = X COMMEwCNL 06NNu LIAWAIL.. mwuESid emO.a) I 'talus MADE n Dow. I.ED Exr(Ass vs WEOY 1 5,000 PERSONAL a Am/avow/ s 1,000,000 . .—_ OWERALAOOSEDATE 11,000,000 Fwoo0CTS-000FOP000 s 1,000,000 OEM AOOwgOATE LSJIT M.P.FERN Fount'IJL 1W.' I LLOL ,H/TOMONLE LMMS.TTT CO..ma D)eWBO s.IOL.LSE' L 1,000.000 ib ©MIT AUTO 111 ALL OWNED AUTOS SUCILr.NM11V a NWVTaw9 SCHECOLED AUTOS ©MIMEO AUTOS sooty NAM/ I IPe soda.) X NONOWNED AUTOS all PROPERTY OM.A. Wo ea.) ,s I ALTO ONLY.EA ACS N OET S SARI be m I OTHER TKO, LACC s ANY AUTO ONLY AGO S 1 ESCSSSARIaRELLALMSRrtY l EACH OCCURRENCE S1,000.000 X X OCOEE O W� ( AOGREDATE s2,000,000 J s oEDUCTIS E L I ' IETENTO. s �V� s WD wCOWENEAnalIADS 1 X ITOONrAMMO.l 1. 1 IIMPLOPOUP MM.. E L.EACH ACCOGNT 6500,000 ANY PROPRIETOOMMITNEMPINECuTANI Cl.LIMNS-w EN.Lo/EE f SOD,000 OFFHCEW.eaNEIIEA'CUIOSOT EA.DISEASE-POLL/LAST II 500,000 's�`w°s"°sPwovlews s.aP OTHER Builders Risk Any 1 Lac 100,000 Any 1 Occ 1,000,000 O.0CIOF1ca.OF OF.RAT1011S I LOCATIONS/VEHICLES/•XCLWIONS ADDEO EY WOOR•NIENY/.PICIAL PROINSIONS Tha insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability i 9mbrella Liability. Workers. Compenestion, Employers. Liability i General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certiflceta holder is added as a nmakilnawalforEuileboaRisk. CERTIFICATE HOLDER CANCELLATION OCOSSOX •M.>ANT OF M ASWE OSSCISeED POLIL O SI CMICLLLSO aalRI M EIMATIOA OATS THNEOE.THE WINO WSURSR WILL EN0a/WOR TO MM. 10 DAYS VIIDTTSN NOTICE TO M CRRIMLAYS NOLO.NAP+.D TO T a Leif.SLIT PA/LURE TO TO W SHALL City of Ocoee IMPOSE NO DEUOATON OR LMNIIfr OF ANY IN.UPON Tie INSURER.RS AO..OR 150 N. Lakeshore Drive IMPRESENT TINES. Ocoee FL 347 61-2 2 58 AUTHORMEO ANINI SENTATNe O ACORD CORPORATION 19111 ACORD=S<=001/06I S** pc t�P RFP20-004 Fuel Island Upgrade 17 19. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that 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. (Attach additional sheets, if necessary) 20. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated 21. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any 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 RFP20-004 Fuel Island Upgrade 18 approval before any work shall commence by the additional subcontractor on this project. 22. 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. 23. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Respondent shall complete the following blanks regarding experience with similar type of work. Respondent must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three (3) 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 years months. RFP20-004 Fuel Island Upgrade 19 Bank or other financial references: (Attach additional sheets if necessary) 24. SUBMITTALS: The City of Ocoee requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Respondents shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. All expenses for providing qualification packages to the City shall be borne by the respondent. Submissions shall be limited to a total of forty (40) 8.5"x 11" pages (excluding Table of Contents, front and back covers, dividers, and all forms included in this RFP), single- sided, portrait orientation, 12-point font, and contained in a three-ring binder or other format amenable to easy photocopying. The page limit applies to the material contained in sections 1 and 2 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. In order to simplify the review process and obtain the maximum degree of comparison, the Respondent must provide the following content when responding to the RFP: Section 1—Company Information • Firm's history, number of years in business, etc. • List of all firm's supervisory employees, their qualifications, and their role for this project. • Firm and employee licenses, certifications and registrations with regulatory agencies, professional organizations. • Firm's sub-contractors, their qualifications, and their role on this project. • List and quantity of firm's (and firm's sub-contractors' if applicable) type and quantity of equipment to be used for this contract. • Current and projected workload, provide project and client names and project commencement and projected completion dates, and construction dollar value of the project. • Project Approach: Briefly describe the Contractor understanding of the project and how the Contractor would accomplish this work. RFP20-004 Fuel Island Upgrade 20 Section 2—Company Experience/References • List of firm's other current or recently completed similar services within the past three (3) years with other public or private agencies. • List of at least three (3) client references to include organization name, contact person, telephone number(s), and e-mail address. • Litigation Summary. Section 3—Price Proposal • Exhibit B Section 4—Other Required Content • Forms listed on Table of Contents as to be submitted with your proposal. • Bid Security. • Company Information/Signature Sheet. • Conflict of Interest Disclosure Form. • Drug Free Workplace Form. • Certification Regarding Scrutinized Companies Form. • Trench Safety Act Compliance Form • Addendum Acknowledgement, if applicable. • M/WBE Certification, if applicable. Attach copy of State of Florida Office of Supplier Diversity or County Certificate. 25. EVALUATION CRITERIA: The criteria for making an award recommendation are: Evaluation Criteria Maximum Points 1. Past performance and experience of the Proposer 30 2. Project approach and understanding of the project 30 3. Price proposal 25 4. Current and projected workload of the Proposer 10 5. Certified M/WBE (Attach copy of certificate) 5 Total Possible Points 100 (Information supplied by client references may be used in determining the relative merits of a Respondent under any and all of the above-listed criteria.) 26. SELECTION PROCESS A City evaluation committee will review and evaluate each Respondent's submittal and will short-list and recommend to the City Commission. The City reserves the right, before awarding the contract, to require a Respondent to submit such evidence of its qualifications, as the City may deem necessary and/or may RFP20-004 Fuel Island Upgrade 21 require oral presentations or interviews of firms. The City Commission shall be the sole judge of the competency of Respondents. All Respondents shall be notified via Demandstar or other means of staff's recommended ranking of firms to the City Commission. The City Commission's decision to endorse or modify the ranking by staff shall be final. The successful Respondent shall be required to execute an agreement which provides, among other things, that any plans, drawings, reports, and specifications that result from Respondent's services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and subsequent executed by both parties. 27. TIME SCHEDULE: The anticipated schedule of events related to this solicitation is: 02/16/2020 Request for Proposal advertised 23 days later Last day for questions 30 days later Statements of Proposals due 35 days later Proposals distributed to evaluation committee 45 days later Evaluation committee meeting held Next meeting Short-list of ranked firms recommended to City Commission Dates are estimated and subject to change at the City's discretion. (Remainder of page intentionally left blank) RFP20-004 Fuel Island Upgrade 22 EXHIBIT "A" SCOPE OF WORK RFP#20-004 FUEL ISLAND UPGRADE Installation of a New 20,000 Gallon Double Wall Steel Storage Fuel Tank with Modification of Existing Fuel Tank and its Related Pumps and Piping for an Above- Ground Fuel System at the City of Ocoee Public Works Facility. The City of Ocoee is requesting proposals for a new double wall 20,000 gallons (split vault tank (10,000/10,000) above-ground storage tank (AST), with fuel dispenser and above grade piping. The new fuel system is to be furnished and installed approximately 5 to 7 feet to the west of the existing fuel tank. Proposals shall be deemed to include all items necessary for the furnishing, delivering, and installing of all materials, equipment, incidentals, and services, including all labor for the work which is generally described as the following: REQUIRED TASKS: 1. Provide engineering drawings with wind load calculations for permitting (the contractor will obtain the permit through FDEP). 2. Furnish and install the new fuel system. 3. Remove and dispose of the existing pipe bollards on the west side of the existing 20,000 fuel tank. 4. Remove and dispose of 34'(L) X 15'(W) X approximately 10" deep of the existing flexible pavement, approximately 5 to 7 feet on the west side of the existing 20,000 gallons above ground tank slab. 5. Design and construct one 34' long X 15' wide concrete foundation slab with ten (10) 6" schedule 40 6" X 7' long pipe protective bollards spaced the minimum 4' center to center inside the west perimeter of the slab. a. The bollards to be 4' above the finish elevation and 3' below covered in 18" (6" steel pipe schedule 40) concrete below the bottom of the concrete slab and filled with concrete. b. Provide and install 12 additional protective 6" X 7' long bollards in line with the existing bollards. (six(6) at the north end and six (6) at the south end) (per attached Exhibit). c. The bollards to be primed and painted with Rust-Oleum safety yellow. 6. Provide and anchor on 20,000 UL-2085 Fireguard® double-wall compartmented tank with double bulkheads. 7. Provide 2"manifold for the two (2) unleaded gasoline tanks and the two (2) diesel fuel tank. 8. Upgrade the two (2) existing submersible pumps to include the required ball valve, 115 VAC anti-siphon valve and pump siphon check valves, with adaptor fittings to manifold piping. RFP20-004 Fuel Island Upgrade 23 9. Relocate the existing diesel fuel remote fill spill container with its ball valve and check valve to the north end between the two (2) tanks and re-pipe to each tank with 2" ball valve at ground level to isolate flow to each tank and 183 GPM overfill prevention valve with manual test mechanism in each tank as required. 10. Replace the existing unleaded gasoline remote spill container with Morrison #515- ST2300 AG spill container with 3" 2 ports (one (1) Fill and one (1) Vapor Recovery) mounted on a four-leg stand. The existing 3" fill adapter, ball valve and check valve to be reinstalled on the new container. Continue fill piping to each tank with 2" ball valve at ground level to isolate flow to each tank and 183 GPM overfill prevention valve with manual test mechanism in each tank as required. 11. Provide and install one (1) Gasboy model 9853KXTW1 DF (up to 22 GPM) electronic fleet one product twin hose remote dispenser with 3/4" x 14' hoses, swivel, safe-T-break combo and automatic nozzle to be mounted on a Morrison #434 dispenser sump. The dispenser is to be installed on the existing West Fuel Island. The supply piping is to be connected to the existing unleaded gasoline piping secured to the canopy column with a ball valve 6' above the island. Electrical connections are to be provided by the contractor. 12. Install owner provided liquid level probe in each compartment of the primary tank. Conduit and wiring to be provided by the contractor. 13. Provide and install two (2) Morrison # 918 0400 A 2" clock gauge with alarm and 2" drop tube Alarm to be mounted next to remote fill spill container. 14. Clean area as per existing conditions and properly dispose of debris. 15. Check and test for proper operations. Please note that the above specifications are meant as minimum and preferred guidelines; and equal equipment meeting equivalent specifications may be accepted, as determined by the City of Ocoee. Please submit a proposal on only one (I) type of equipment that best meets the specifications. RFP20-004 Fuel Island Upgrade 24 Exhibit"B" Proposal Form RFP#20-004 FUEL ISLAND UPGRADE Total Price Proposal: $ dollars and cents. Meet completion time requirements: Yes No Meet required warranty: Yes No Are you proposing on the equipment as specified in the RFP documents? Yes No If no, list any exceptions and list the Manufacturer, Make, Model of the proposed equipment and attach Design and Material Specifications as directed in the RFP specifications: Company Name: Contractor License No.: Representative Name: Signature: Title: Date: RFP20-004 Fuel Island Upgrade 25 EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 20_ _. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the RFP#20-004 FUEL ISLAND UPGRADE (Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or RFP20-004 Fuel Island Upgrade 26 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety(90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer, or proposal as applicable. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. RFP20-004 Fuel Island Upgrade 27 BIDDER: Strike out (X) non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP,complete this signature block. (1) (Individual's Signature) (Witness) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) If Bidder is PARTNERSHIP,complete this signature block. (1) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) RFP20-004 Fuel Island Upgrade 28 If Bidder is CORPORATION,complete this signature block. (1) (Corporation Name) (Witness) (2) (State of Incorporation) (Witness) By: (Name of Person Authorized to Sign-See Note 1) (SEAL) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) RFP20-004 Fuel Island Upgrade 29 SURETY Witness: (If agency is not a Corporation) (Surety Business Name) (1) (Witness) (Principal Place of Business) (2) (Witness) By: (Surety Agent's Signature-See Note 2) Attest: (If Agency is a Corporation) (Surety Agent's Name) (Corporate Secretary Signature) (Surety Agent's Title) (Corporate Secretary Name) (Business Name of Local Agent for Surety) (Corporate Seal) (Business Address) (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized"Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended)and be authorized to transact business in the state where the project is located. RFP20-004 Fuel Island Upgrade 30 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF ) COUNTY OR CITY OF ) Before me, a Notary Public, came by means of ❑ physical presence or ❑ online notarization known to me, and known to be the Attorney-in-Fact of , a Corporation, which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of (Surety Company) Given under my hand and seal this day of , 20 . (Notary Public) My Commission Expires END OF SECTION RFP20-004 Fuel Island Upgrade 31 EXHIBIT D PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and , a corporation organized under the laws of the State of and licensed to do business in the State of , (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract, (hereinafter referred to as the "Contract") with Obligee for the construction of RFP #20-004 FUEL ISLAND UPGRADE (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by the City of Ocoee, dated February, 2020; and NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or(iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. RFP20-004 Fuel Island Upgrade 32 In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. RFP20-004 Fuel Island Upgrade 33 EXHIBIT D Statutory Payment Bond Pursuant to Florida Statutes,255.05,et seq. KNOW ALL MEN BY THESE PRESENTS,that (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of , hereinafter called the "Surety"), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20 to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. RFP20-004 Fuel Island Upgrade 34 (Seal) (Principal) By (Name &Title) (Signature) Witness or Secretary's Attestation (Seal) (Surety) By (Name&Title*) (Signature) Witness or Secretary's Attestation *Attach Power-of-Attorney END OF SECTION RFP20-004 Fuel Island Upgrade 35 RFP#20-004 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS. THE PERSON SIGNING THIS FORM SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY IN A LEGAL CONTRACT. 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 by means of D physical presence or ❑ online notarization 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 RFP20-004 Fuel Island Upgrade 36 _40." OCOPP florido CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their RFP: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this RFP. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer 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,Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112,Florida Statutes,the term"conflict of interest""means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge,the undersigned firm has no potential conflict of interest for this RFP. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this RFP. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date RFP20-004 Fuel Island Upgrade 37 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: Signature: By: (Print or Type Name) Title: Date: RFP20-004 Fuel Island Upgrade 38 CERTIFICATION REGARDING SCRUTINIZED COMPANIES' LISTS The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Respondent: By: (Authorized Signature) Title: Date: RFP20-004 Fuel Island Upgrade 39 COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT Bidder hereby acknowledges that all costs for complying with the Florida Trench Safety Act, Florida Statute Section 553 Part III, are included in the various items of the proposal and in the Total Bid Price shown on the Bid Form. For informational purposes only, the Bidder is required to further identify these costs in the summary below. Trench Safety Unit of Measure Measure Unit Unit Extended (Description) (LF,SY) (Quantity) Cost Cost A $ $ B $ $ C $ $ D $ $ TOTAL $ BIDDER: SIGNED: BY: (Print or type name) TITLE: DATE: THIS IS NOT A PAY ITEM: The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in the Total Bid price. Contractor will not receive additional payment if actual quantities differ from those estimated or if the Contractor uses a safety measure different than those listed. END OF SECTION RFP20-004 Fuel Island Upgrade 40 EXHIBIT E PROPOSED CONTRACT FOR CONSTRUCTION RFP#20-004 FUEL ISLAND UPGRADE THIS AGREEMENT is dated as of the day of , 20 by and between the CITY OF OCOEE, a Florida municipal corporation, hereinafter called Owner, and a Florida Corporation, hereinafter called Contractor. ARTICLE 1. WORK 1.1 Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: CITY OF OCOEE FUEL ISLAND UPGRADE ARTICLE 2. ARCHITECT AND ENGINEER 2.1 Although project plans pertaining to a particular task order may be prepared by City staff or consultants, the City Engineer, or the City Engineer's designee, shall act as the City's representative, and shall assume all duties and responsibilities of the project engineer, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the work. ARTICLE 3. CONTRACT TIME 3.1 The work shall be substantially complete (all work complete except for the placement of permanent pavement markings on all final asphaltic concrete surfaces) within thirty (30) calendar days. The entire work shall be complete and ready for its intended use, including final dressing and cleanup, within sixty (60) calendar days. All time periods begin from the effective date of the Notice to Proceed. 3.2 Placing of permanent pavement markings on all final asphaltic concrete surfaces, if applicable, shall not be accomplished before thirty (30) calendar days have elapsed after placement of the final surfaces. The charging of Contract Time will be suspended during the thirty (30) calendar-day period provided the work is considered to be Substantially Complete, as provided in paragraph 3.1 above. The charging of Contract Time will resume on the 31st day. 3.3 Contractor recognizes that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in above, plus any extensions thereof allowed. Contractor acknowledges that proving the actual loss and damages suffered by Owner if the work is not completed on time is impracticable and not susceptible to exact calculation. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Hundred Dollars ($200.00) for each day that expires beyond the date specified in paragraph 3.2 above for substantial completion Two RFP20-004 Fuel Island Upgrade 41 Hundred Fifty Dollars ($250.00) for each day that expires beyond the date specified in paragraph 3.2 above for final completion (readiness for final payment). 3.4 In addition to the liquidated damages, there shall be additional incidental damages paid by the Contractor to the Owner for failure to timely complete the work. These may include, but not be limited to, delay damage settlements or awards owed by Owner to others, inspection and engineering services, interest and bond expense, delay penalties, fines or penalties imposed by regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred by Owner in connection with Contractor's failure to timely complete the work. 3.5 In addition to liquidated damages and incidental damages arising from Contractor's failure to perform the work, Contractor may be required to repay Owner for the cost of corrective actions undertaken by Owner to resolve construction defects. Such corrective actions include, but are not limited to, restoration of damaged areas, clearing of reclaimed water customer facilities to remove construction debris, repair and replacement of damaged reclaimed water customer equipment, and emergency repairs to the reclaimed water distribution system during the one-year warranty period. ARTICLE 4. CONTRACT PRICE 4.1 Owner shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Form, , which is incorporated herein and made a part hereof by this reference. 4.2 The Contractor agrees that the Contract Price is a stipulated sum except with regard to those items in the bid which are subject to unit prices and agrees to perform all of the work as described in the Contract Documents, subject to additions and deductions by Change Order, and comply with the terms therein for the Bid stated in the attached Bid Form. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit applications for payment. Applications for payment will be processed by Engineer. 5.1 Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's properly submitted and approved Applications for Payment, as recommended by Engineer, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application for Payment is initially received by the Owner. All such progress payments will be on the basis of the progress of the work measured by the Schedule of Values and in the case of Unit Price, work based on the number of units completed and included in Contractor's qualifications submittals. RFP20-004 Fuel Island Upgrade 42 5.1.1 Progress payments will be made in an amount equal to the percentage indicated in Paragraph 5.1.2, below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold. 5.1.2 Progress payments shall be equal to ninety percent (90%) of the value of work completed, and ninety percent (90%) of the value of materials and equipment not incorporated into the work but delivered and suitably stored and accompanied by documentation satisfactory to Owner with the balance of the value of the work being retainage. However, when the work has reached the point of being fifty percent (50%) complete, the retainage may not exceed five percent (5%) of the value of the work completed. 5.2 Final Payment - Upon final completion and acceptance of the work Owner shall pay Contractor an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2%) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals, are delivered to and accepted by the Engineer. ARTICLE 6. INTEREST All monies not paid when due shall bear interest at the rate of 6% simple interest per annum. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishings of the work. 7.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost,progress, performance, and furnishing of the work. 7.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) . 7.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect costs, progress, performance or RFP20-004 Fuel Island Upgrade 43 furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.6 Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the work as indicated in the Contract Documents. 7.7 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.8 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 7.9 Contractor shall perform work with a value of not less than fifty percent (50%) of the Contract Price with his own forces. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between Owner and Contractor concerning the work, are attached to this Agreement, made a part hereof, and consist of the following: 8.1 This Scope of work Agreement. 8.2 Exhibits to this Scope of work Agreement(if any). 8.3 Performance Bond, Payment Bond and Certificates of Insurance. 8.4 Notice of Award and Notice to Proceed. 8.5 Bid Documents bearing the general title "RFP #20-004 Fuel Island Upgrade", dated , 2020. 8.6 Drawings consisting of a cover sheet and the sheets bearing the following general title: City of Ocoee,FL Fuel Island Upgrade RFP20-004 Fuel Island Upgrade 44 8.7 Addenda numbers to , inclusive. 8.8 Contractor's Bid. 8.9 Documentation submitted by Contractor prior to Notice of Award. There are no Contract Documents other than those listed above in this Article 8. ARTICLE 9. MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3 Chapter 558, Florida Statutes: The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. 9.4 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contractor and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. 9.5 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.6 SCRUTINIZED COMPANIES: The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies RFP20-004 Fuel Island Upgrade 45 with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. 9.7 To the degree records are not exempt or confidential under Florida's Public Records law, Contractor agrees to comply with Chapter 119, Florida Statutes, and particularly Section 119.0701, Florida Statutes, relating to a contractor's obligation with regard to public records. 9.8 PUBLIC RECORDS COMPLIANCE The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be RFP20-004 Fuel Island Upgrade 46 provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ocoee.org, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. (Remainder of page intentionally left blank) RFP20-004 Fuel Island Upgrade 47 IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on his behalf CONTRACTOR: BY: PRINT NAME: TITLE: WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE,FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on ,2020,under Agenda Item_ this day of ,2020 SHUFFIELD,LOWMAN&WILSON,P.A. BY: Scott A. Cookson, City Attorney RFP20-004 Fuel Island Upgrade 48 i. EXHIBIT F LOCATION MAP RFP#20-004 FUEL ISLAND UPGRADE :.. . m _ . Add 20,000 Gallon Fuel Tank I Legend 301 maguire Pd Ocoee,FL .n Proposed New Fuel Tank C» Proposed New Slab T1 i� . 4 rti ' 0000 ! at t 4.'.: C ' ism-N4 t M Oa 1 i.of 00e 0 i:` •- — —q.........,.r.+saz.x.+ - t 13 ,y . It f! )AA. f. Y ON Go E • +! _ ': -y . Exhibit—Bollards Location Plan RFP20-004 Fuel Island Upgrade 49 Mayor Commissioners Rusty Johnson Larry Brinson, Sr, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank04 George Oliver III, District 4 ocoee florida March 13, 2020 ADDENDUM NO. ONE (1) CITY OF OCOEE RFP #20-004 FUEL ISLAND UPGRADE This addendum shall modify and become a part of the original RFP documents for Fuel Island Upgrade. This addendum consists of five (5) pages, including the attachments. Respondents shall acknowledge receipt of this Addendum in the space provided on Page 18 of the RFP. Failure to do so may subject the Respondent to disqualification. DUE TO CONCERNS OF HEALTH ISSUES INVOLVING OF THE CORONAVIRUS, THE CITY OF OCOEE IS TAKING PRECAUTIONS AND LIMITING ITS PUBLIC MEETINGS. AS A RESULT, THE RFP OPENING HAS BEEN POSTPONED UNTIL APRIL 7,2020 AT 2:00 P.M. LOCAL TIME. Answers to questions received and/or amendments to the RFP documents are as follows: Q i. Which schedule steel? Schedule 40? Schedule 80?(Pre-Proposal Question) Al. The Scope of Work is changed to Schedule 80. Q2. The Gasboy model number specified was a single product dispenser with two hoses. The City will need a Gasboy 2 product dispenser (I hose for gas and 1 for diesel). Can this correction be made? A2. Yes.The Scope of Work is changed to Gasboy 9100 series(9153KTW2),which is a mechanical twin pump, twin product dispenser. Q3- It is understood the contractor is not providing anything for the tank monitoring system. What is the current system? A3. The current tank monitoring system is Fluid Secure. It will not require any special connections from the contractor and will be handled by the city. Q4. For clarification purposes, are only the items with an * on the Table of Contents page to be executed and submitted (I original and 3 copies) in bid package? A4. For information on submitting a proposal package for this RFP, please refer to Section C. under Instructions.Please also refer to Section 24.Submittals for information on what should be submitted in order for proposals to be properly reviewed and evaluated. Q5. Would the City consider an extension date on the bid to allow adequate time to prepare proposal and bond information? A5. The RFP due date has been changed to April 7,2020 at 2:00 p.m.Iocal time. Q6. At the time of conversion/adding the additional tank and product piping tie-in,will the contractor be allowed to take the system down as necessary (requiring the City to make arrangement s for fueling possibly off site)? A6. The city has small remote stations around the city which could be used for dispensing fuel for short burst while the main tank is down. The contractor will be responsible for keeping the City informed as to the date(s) and time(s) the main tank would be off line and when it will be expected to be usable again.Also see Completion Time per the RFP. Pre-Proposal Conference Questions/Clarification: Please note Proposers are responsible for the content as it was presented during the Pre-Proposal conference and Site Visit as this is not a verbatim transcription. Q7. WilI there be permit fees from the city on this project? A7. Per Section 17 of the RFP,permit fees are waived for any City of Ocoee permits required. Q8. Clarification requested on#5 of the Scope of Work regarding the thickness of the slab. A8. See#5 of the Scope of Work. Q9. Is the 18"in#5a of the Scope of Work referring to the diameter around the post? A9. Yes. Q 10. Clarification requested regarding#1 of the Scope of Work regarding the contractor to obtain the permit through FDEP. A10. The City will be responsible for the AST part of the registration; however,the contractor will need to be involved in the construction and site placement part with FDEP. Q11. Would this be under Orange County DEP? All. Yes. Q12. Regarding the dispenser listed in the Scope of Work, is there a specification on the submerge pump? Al2. No. Q13. What about the horsepower of the pump? A13. %13P. Addendum#1 RFP19-004 Fuel Island Upgrade Page 2 Q14. l iow many hoses are there? A14. There are four(4) now but there will be six (6)when the extra pump is added. Q15. Clarification requested on the estimated cost of the project. A15. The budget set for the project is$200,000 and that amount was posted on DemandStar when the RFP was posted. Q16. Who is responsible for the electrical? A16. The contractor. Q17. Do you want to do away with the steel boxes altogether? A17. Yes.The RFP states new. Q18. What is the make of the currently installed tank? A18. Modern Q19. Do you want to siphon the tanks together or pipe them together? A19. Pipe them together Q20. Repipe throughout? A20. Yes. Q21. Spec of the hose. Unleaded hose? A21. 14ft standard'/4 fuel line with breakaways Q22. What is the thickness of the asphalt by the tank? A22. The asphalt depth is approximately 2 inches. Q23. Information requested regarding conduit layout. A23. Please see the attached pump controllers and conduit layout chart(2 pages). Shannon opper trl<5)r14j()/--( Purchasing Technician cc:Evaluation Committee attachment:Pump controllers and conduit layout chart 12 panes! Addendum#1 RFP19-004 Fuel Island Upgrade Page 3 (r s AA,mp 6007-0 LLe- c cold 7W-o,L E2cr Kilea d'L. Emergency AO v,FF' ''`2`f'I #ALumen uM N 0 flack nate. Putrip (./Attalla ,--_ ... L. i\ L.____, Plime Per . , .L �Y f�otati 2tr a.,l6dv,n lia r+ Ur?istrcc7( eVi'4 Ja�/i�1O=I r'4 Seal o,FFs° -' `— , 4 umcYCrs N4bs�--` '4' '4 -a. 4 • • fi ,31f'X Six 2' 4ema. 3R aK a W I W I 6i5t,Lv,A,ze.a W Ire way NLvia accl Co Ada,`is WI Seat°Ifs k• 30„ A .. Lec 'r iG .L, L'0/l o!u-i# L�.ydut cod A�eseL �a.n l For S o DiaceL fuse 'goys a ti LU p , 1. U q .r 1 ;,U f v i J f r W c0 v ik 'C S . ,— uc-� u ts \ ' to S h Cf, G J ` 1- S G u U ) 44 aY U p+ 1, }F' f $. f ,� LPA JC' v Ixc, 3 j ,i ` Cam R IF! L X S J v f J k i en. I--•t.'"t--4., N07. 1.0 i I ti— • .. _7 i III , ,... ,. .„ ,. ,I { N_• .. -. �: I; ".3 ( 1 1 . \-Y % £, Z ° f/ tIr • & gt P �f 3 C(Mdi411 (� - • 1,�'S,,� EXi.1)1.145 j 1 ' I I 4,• i ) \Y, C7'0.t Pup A ''canditit - co Ga1to/o . • EX.51sf/rf , t k 1 d 1 ) . y Co4Iuii aK,SISf11g \4.- .6c s is Lai tis 1 J xs rs m9 1._ y� 4 . • t Ex s i f t 1,15 Power pan•-t 1 Mayor Commissioners Rusty Johnson Larry Brinson, Sr, District 1 Rosemary Wilsen, District 2 City Manager /4/rRichard Firstner, District 3 Robert Frank George Oliver III, District 4 ocoee florida April 1, 2020 ADDENDUM NO. TWO (2) CITY OF OCOEE RFP #20-004 FUEL ISLAND UPGRADE This addendum shall modify and become a part of the original RFP documents for Fuel Island Upgrade. This addendum consists of one (1) page. Respondents shall acknowledge receipt of this Addendum in the space provided on Page 18 of the RFP. Failure to do so may subject the Respondent to disqualification. DUE TO THE LOCAL STATE OF EMERGENCY AND CONCERNS OF HEALTH ISSUES INVOLVING THE CORONAVIRUS (COVID-19),THE CITY OF OCOEE IS TAKING PRECAUTIONS AND LIMITING ITS PUBLIC MEETINGS. AS A RESULT,THE RFP OPENING SCHEDULED FOR TUESDAY,APRIL 7,2020 AT 2:00 P.M. HAS BEEN RESCHEDULED TO MONDAY, MAY 4, 2020 at 3:00 P.M. LOCAL TIME. PLEASE BE AWARE THE TIME PERIOD FOR QUESTIONS HAS EXPIRED. Answers to questions received and/or amendments to the RFP documents are as follows: Q1. The new dispenser now changed to twin pump,twin product is unleaded only with 3/4 x 14 hoses on each side, correct?No diesel as stated in Q3. of Addendum 1? Al. Two 14 foot hoses one 3/4 fluid transfer hose the other 1"fluid transfer hose for the Diesel. Q2. I do not recall a 1/2 HP STP. Was this meant to be 1-1/2 or 3/4? A2. 1/2 is meant to be a minimum. The Proposers may spec what they believe is the best choice. Please note that the specifications are meant as minimum and preferred guidelines; and equal equipment meeting equivalent specifications may be accepted, as determined by the City of Ocoee. Please submit a proposal on only one (I) type of equipment that best meets the specifications. Q3. Re. Q17 in Addendum 1. In reference to the steel boxes, is that referring to the remote fills? If so in the RFP#9 it states to relocate the diesel remote fill not replace it, so the steel boxes would be all new except for the diesel remote fill? A3. It is the city's intent to have all new fill boxes and on the north side of the tank. Shannon Hopper Purchasing Technician cc:Evaluation Committee Mayor Commissioners Rusty Johnson Larry Brinson, Sr, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank George Oliver III, District 4 ocoee florida April 27, 2020 ADDENDUM NO. THREE (3) CITY OF OCOEE RFP #20-004 FUEL ISLAND UPGRADE This addendum shall modify and become a part of the original RFP documents for Fuel Island Upgrade. This addendum consists of two (2)pages. Respondents shall acknowledge receipt of this Addendum in the space provided on Page 18 of the RFP. Failure to do so may subject the Respondent to disqualification. IMPORTANT BID SUBMISSION INFORMATION: In an effort to help promote the safety of our bidders and staff during the COVID-19 Public Health Emergency, the City has transitioned to Negometrix, an e-procurement platform. The City is ONLY accepting solicitation responses through the City's Negometrix platform online at https://app.negometrix.com/buyer/748. This link can also be accessed through the City's website at https://www.ocoee.org/323/Purchasing. under the Current Open Solicitations menu. All responses for this bid MUST be submitted through the Negometrix platform. Bid submissions received in any other format will not be accepted. There is no charge to use the Negometrix electronic bid submission platform. Registration with Negometrix is free and is required prior to submitting a bid response. You will be required to register once you click the PARTICIPATE BUTTON in the solicitation file. It is suggested your company register no later than 24 hours in advance of the bid submission deadline to ensure proper registration. Should your company need assistance with registering, please contact the Negometrix Service Desk by calling (724) 888-5294 or by emailing servicedesk.us@negometrix.com. Once your company is registered with Negometrix,you will be able to submit your bid securely, anytime before the bid deadline, at https://app.negometrix.com/buyer/748 by clicking the PARTICIPATE BUTTON under the solicitation. Bids submitted on Negometrix will remain locked and inaccessible by City staff until the current bid deadline date of MONDAY,MAY 4., 2020 at 3:00 P.M. LOCAL TIME. On this date and time, a virtual bid opening will be held. Details on how to access the virtual bid opening are located on the City's website at https://www.ocoee.org/959/Public-Bid-Meetings. ANSWERS TO BID QUESTIONS RECEIVED: Q1. Will the City accept the AIA bond form for this RFP? Al. Yes. Q2. For the existing remote fill boxes that are being replaced with new ones, are they to be left onsite for disposal by others or disposed of by the petroleum contractor? A2. The City will dispose of the existing remote fill boxes. Shannon Hopper Purchasing Technician cc:Evaluation Committee Addendum#1 RFP19-004 Fuel Island Upgrade Page 2 RC Development Group , Inc . City of Ocoee Fuel Island Upgrade RFP #20- 004 This proposal is submitted to the City of Ocoee for the design &build of an aboveground fuel storage tank system with associated piping and fuel dispensers. 4/30/2020 Introduction RC Development Group, Inc. (RCDG): is a licensed Building Contractor and Pollutant Storage Contractor in the State of Florida since 2004. The RCDG Management& Design Team for this project has a combined experience of over 100 years in designing and constructing fuel system projects throughout the State of Florida including but not limited to Unmanned Fuel Facilities, Trucking Companies, Marinas,Truck Stops, Generator Fuel Facilities, Convenience Stores& Retail Chains Federal Government and Municipality Fueling Facilities. The bid project known as City of Ocoee Fuel Island Upgrade is perfectly suited for the qualifications and experience available by the RCDG Team. All supportive qualification documents representing the RCDG Team are provided in section B"Contractor Qualification". The principle address and contact information for RCDG is as follows: RC Development Group, Inc. 145 Hilden Rd., Unit 105 Ponte Vedra, Florida 32081 904-674-0548: Office 904-374-0987: Fax rlcombs@comcast.net: President Email address 904-294-0299: President cell phone (Roger Combs) Project Understanding: The proposed bid involves a complete installation of a new 20,000 gallon split compartment Fireguard tank. Contractor to build and adjacent tank slab to the existing AST. Contractor to provide (1) Gasboy 9153 KXTW2 twin hose twin product dispenser. Install new piping from the exiting STP motor to the new dispenser and provide manifold system to new adjacent tank. Provide and install (2) new STP motor assemblies with FDEP Approved solenoid valves. Install protective bollards, new fill boxes and fill piping. Provide all required testing and paperwork for a proper operating system. Obtain final inspections and clean up all debris Contractor Qualification Licenses: RCDG holds the following(2) Contractor licenses: Building Contractor(CBC #1250664)and Pollutant Storage (PCC#050650). These current and active licenses are provided as Exhibit (A). In addition to the licenses held by RCDG, Mr. Rafael Morla President of M.A.R Engineering Group, Inc. and Mr. Richard A. Powell President of Engineered Assessment Solutions Inc. (E.A.S.I)will join the Team as the licensed Florida Civil Engineer and licensed Florida Mechanical/Electrical and Structural Engineer for the project respectively. Insurance: RCDG is fully insured providing the following coverages: General Liability,Auto Liability,Workers Compensation, Professional Liability and Pollution Liability. A Certificate of Insurance certified to City of Ocoee is attached as Exhibit(B). All sub consultants and or sub- contractors will be required to have appropriate Insurance coverages as required by Florida law. RCDG will also list City of Ocoee as additionally insured on the final insurance certificate. RCDG Management Resume's: The projects Management& Design Team will consist of the following individuals: Mr. Roger Combs,Jr. (President of RCDG); Mr.Tim Combs (Sales Manager of RCDG); Mr. George Skog(Construction Manager of RCDG). Resumes enclosed in Exhibit (D). Sub Consultants(Engineers) Resume's: The projects Certified Engineers and Design Team members will include Mr. Rafael Morla (President of M.A.R. Engineering Group, Inc.) and Mr. Richard Powell (President of E.A.S.I.). Enclosed in Exhibit(C) are the resumes of each Team Member as described above. A. Contractor Experience Recent Projects Completed by RCDG: Attached as Exhibit (E) are two recent and similar projects completed by RCDG. The projects are described as follows: A. Consolidated Properties of Ft. Myers: This was a "Turn-key" Design & Build project located at 2655 Rockfill Road, Ft. Myers Florida. The project consisted of Site Development work which included underground utility installations, asphalt and concrete site pavement, landscaping and irrigation, fire hydrant relocation, and utility TAPs. The fuel system consisted of the installation of(2) separate aboveground storage tank farms—one with (24) 8,000 gallon AST's dedicated for Lube Oils and the other with (5) 50,000 gallon AST's dedicated for diesel fuel, REC 90, Unleaded, and Bio Diesel. The project included the installation of secondary containment along with aboveground steel welded loading and offloading piping. RCDG designed the project to include the supply and installation of leak detection and inventory control systems as well as the design and implementation of the required electrical panel with surge management systems to operate the fuel facilities. B. Walthall Oil Company: This project was a Design & Build of a bulk lubrication facility. The project consisted of Site development work, installation of(26)vertical aboveground storage tanks, hardware and 3" welded aboveground piping installed within an enclosed metal building. An additional offloading station with an overhead canopy was also included and consisted of offload pump stations,valving and connection points. All concrete work, electrical work and site development work was completed by RC Development Group, Inc. C. Job List: City of Orlando/Wharton Smith: This project included (1) 15,000 gallon aboveground storage tank provided on contractors slab and bollards. Install underground welded DW pipe to generator room and tied into day tank. Final preparations to tank included and offload system direct to the generator tank including tank monitoring capabilities. RCDG provided and duplex pumping system to provide fuel from tank to day tank inside building and on to generator. Provide all testing and final inspections. B. Management Plan After the award of the contract, RCDG would prepare to move forward with the project in the following relative phases: A. RCDG submittal of signed contracts, contract documents, bonding& insurance B. RCDG Pre Design meeting with all associated parties—this meeting will allow the design Team to ensure the design completely meets the goals and needs of the end users. This meeting may be used to present alternative layout options as well as equipment options. C. RCDG meeting w/County Land Planning/ Building Department/Fire Marshall—this meeting will allow the RCDG Team to determine all relative design aspects that county permitting authorities will be looking for. In most cases,this meeting will help minimize site specific issues that would inevitably be unapproved by jurisdictional authorities. D. RCDG submittal of Petroleum Design & Electrical design plans to County Jurisdictional Authorities E. RCDG submittal of Petroleum design plans to FDEP F. RCDG submittal of plans and Storage Tank Registration Form to FDEP G. Upon permit approval- RCDG Construction Commencement. H. RCDG Project Management&Control—achieve final inspections form AHJ I. City of Ocoee to supply fuel for startup procedures J. RCDG Project Startup K. Final Inspections: City Bldg.& FDEP, Fire Marshall L. RCDG End User usage training M. Achieve Certificate of Occupancy N. RCDG submittal of Closeout documents to Owner: As-Built Plans, Operating Procedure Manual, Maintenance Procedure Manual,Testing certifications and final inspection permit information. C. Business Terms/Miscellaneous a. Bonding: A copy of the RCDG bond is attached as exhibit. b. Payment terms/Draws: Progress draws will be submitted to Purchasing Department on a monthly basis with a 10% retainage held back on each draw request. c. Warranties: RCDG provides a 1-year warranty for all defects in materials and workmanship. All equipment warranties applicable will be passed on the Owner. RCDG will ensure registration of all equipment for proper warranty activation procedures as required by each manufacturer. d. Business Structure: RCDG is structured with several layers of management to successfully complete each phase of the project. Each crew is led by an experienced Crew Foreman with minimum 10 years' experience in the petroleum equipment installation industry. RCDG has employed a Construction Manager who has over 35 years' experience in the petroleum equipment industry and is responsible to help schedule and direct the activities of each Crew Foreman in an effort to ensure the project is completed according to plans and specifications as well as completed to the high standards of RCDG. The Construction Manager also ensures that each crew is following safety standards as outlined by OSHA. e. Health&Safety Plan: RCDG has a strict Health &Safety plan which can be provided upon request. ALL individuals working for the RCDG construction department have the required 40 HR OSHA training along with HAZ MATT, Powered Industrial Trucks, HAZ Woper and Confined space certifications.Available upon request. f. Drug Free Workplace: RCDG is a drug free work place and regularly conducts employee random drug testing. g. Time of Completion: RCDG has the Management ability and work force to achieve a substantial completion of the project within 40 calendar days after permit approval and mobilization on site. This proposal respectfully by: RC Development Group, Inc. Mr. Roger L.Combs,Jr. 145 Hilden Rd, Unit 105 Ponte Vedra, Florida 32081 Roger L.Combs,Jr.,President Signed by President with evidence of authority to sign for corporation attached. Exhibit A RCDG Licenses 1...... ,.. 1 co n-° w p z 0 z c w cu ce z < D z u D 0 ce D -0 w 0 c4 LLI a If) LIJ 12 a) Li, 0 I-: Lij ul t.) o < co LLI „,„; -;,... 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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. (Attach additional sheets,if necessary) 56e-�l'1'Qci1-CO 20. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. I Dated /►lkell l , Zv Lb No. 2 Dated I, 29Z' No. 3 Dated AAA_ Z?! 2624.> 21. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: iiiac.crl� Lsi+ T�-�t. S37— c S% S� cJ c sttiv IIt.� Ft� (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any 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 RFP20-004 Fuel Island Upgrade 18 Port Consolidated, Inc.—Riviera Beach Florida RC Development Group, Inc. performed a project as acting GC for an existing unmanned fueling facility in Riviera Beach, Florida. The project was completed in 2012 with no reported warranty or problems until 2015—3 years later. During the 2015 year, a trucking company was able to manipulate the Fuel Management System to obtain fuel without the dispenser metering and registering. The Owner claimed that the subcontractor of RC Development group programmed the dispensers incorrectly which was not true. The dispensers were in fact programmed to industry standards. The thieves figured out a way to manipulate the system beyond our normal testing procedures. Port Consolidated, Inc.was negligent as they were not performing any inventory reconciliation and thus never knew that they had on-going fuel losses. Inventory reconciliation is a normal industry practice that should be completed by every Oil Company,Jobber,Convenience Store or Commercial Facility to control theft loss. The claim is still pending,and it is expected that all insurance companies will settle as RC Development was successfully granted a summary judgment that minimizes any damages to $24,000.00. As a note—RC Development Group, Inc. continues to provide installation and equipment services to Port Consolidated, Inc. These are the only 2 insurance claims ever filed against RC Development Group, Inc. or Roger Combs as a Pollutant Storage Contractor in over 28 years in business. approval before any work shall commence by the additional subcontractor on this project. 22. 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. 214 1 '�b (-LSD — Dwnd 2012 D i t Z°w -ate ea- 4-S,S ow 23. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Respondent shall complete the following blanks regarding experience with similar type of work. Respondent must demonstrate ability to perform services of similar complexity,nature,and size of this project within past three(3)years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT —t jy dt= c�(k�d�-5b�v���e T I ter tit IE+& c e —'6 2I k_ eft J z/ I 2%1 Goµwtar,wtakL114 ova , 6- 32 c4 96y-L CIVIV k_r rvq,utt - 511aso CAN ill ec40 zw- savatiotems cif Sy ctsz.-2,1-3 r ( 75v � I t y hrG PLtas T1� /f'L- , o rrl r - /,6y b 0.( 3 CIS a'' /d«d,rroKo #? ff/t fa> Sr4'rt3- a 53-'1Jt•.6/tf 401 el/Cak k Rum ke. (.tes /t-- ailikteor /WCW141 - ; I Sly,c "- Have you any similar work in pro ress at this time?Yes /No Length of time in business years tj months. RFP20-004 Fuel Island Upgrade 19 Bank or other financial references: // i a' ehoc-- F2a 4i l map+ sail 6-2 "%fir veviA-(44git9- I �. 32 of 2- D6NNLs Gc)-x m6k4., q TY! -572� (Attach additional sheets if necessary) 24. SUBMITTALS: The City of Ocoee requires comprehensive responses to every section within this RFP. To facilitate the review of the responses,Respondents shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. All expenses for providing qualification packages to the City shall be borne by the respondent. Submissions shall be limited to a total of forty (40)8.5"x 11" pages (excluding Table of Contents, front and back covers, dividers, and all forms included in this RFP), single- sided, portrait orientation, 12-point font, and contained in a three-ring binder or other format amenable to easy photocopying. The page limit applies to the material contained in sections 1 and 2 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. In order to simplify the review process and obtain the maximum degree of comparison, the Respondent must provide the following content when responding to the RFP: Section 1—Company Information • Firm's history,number of years in business,etc. • List of all firm's supervisory employees,their qualifications,and their role for this project. • Firm and employee licenses, certifications and registrations with regulatory agencies,professional organizations. • Firm's sub-contractors,their qualifications,and their role on this project. • List and quantity of firm's (and firm's sub-contractors' if applicable) type and quantity of equipment to be used for this contract. • Current and projected workload, provide project and client names and project commencement and projected completion dates, and construction dollar value of the project. • Project Approach: Briefly describe the Contractor understanding of the project and how the Contractor would accomplish this work. RFP20-004 Fuel Island Upgrade 20 Exhibit"B" Proposal Form RFP#20-004 FUEL ISLAND UPGRADE Total Price Proposal: $ oPz*1l/1, /Mkiq e)"J wewtt1 1w$h(i) Ont,/4u,Ahrj C-f h,KL-A dollars and Ot) cents. Mee completion time requirements: l/Yes No qNk- 163110 1'"sJ GovQ D Per441 r AI ', ,'i7- Meet required warranty: ✓ Yes No Are you proposing on the equipment as specified in the RFP documents? l�Yes No If no, list any exceptions and list the Manufacturer, Make, Model of the proposed equipment and attach Design and Material Specifications as directed in the RFP specifications: Company Name: 2.c )‘ve-toeftwks-s- G -ie Contractor License No.: 1 Gam'P'Jr0125O Representative Name: Z>3. - C., Cot 4 S Vim' Signature: /221 Title: i '�S,014— 7 Date: 4f 4oIZ,J RFP20-004 Fuel Island Upgrade 25 EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, R.C. Development Group, Inc. , as Principal, and United States Surety Company as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner,in the penal sum of, (5 percent of the Contract Bid) $Not to Exceed Five Percent of Total Amount Bid (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed,this 17th day of March , 2020 _. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing,for the RFP#20-004 FUEL ISLAND UPGRADE (Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or RFP20-004 Fuel Island Upgrade 26 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety(90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid,offer,or proposal as applicable. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. RFP20-004 Fuel Island Upgrade 27 BIDDER: Strike out (X)non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP,complete this signature block. N/A (I) N/A (Individual's Signature) (Witness) N/A (2) N/A (Individual's Signature) (Witness) doing business as N/A N/A (SEAL) (Business Address) N/A N/A (Telephone No.) (Florida License No.) If Bidder is PARTNERSHIP,complete this signature block. N/A (I) N/A (Partnership Name) (Witness) N/A (2) N/A (General Partner's Signature) (Witness) N/A (General Partner's Name) (SEAL) N/A (Business Address) N/A N/A (Telephone No.) (Florida License No.) RFP20-004 Fuel Island Upgrade 28 If Bidder is CORPORATION,complete this signature block. R.C. Development Group, Inc. (I) / (Corporation Name) (Witness) Florida (2) (State of Incorporation) (Witness) By: Pe'pA, , C-Hv 43 dc (Name of Person Authorized to Sign - See Note 1) // - 1 (SEAL) 0 (Title) (Authorized ignature) 1 (Corporation Pr sident) 145 Hilden Road,#105, me Vedra, FL 32081 (Business Address) 904-674-0548 itti'054Cb (Telephone No.) (Florida License No.) RFP20-004 Fuel Island Upgrade 29 SURETY Witness: (If agency is not a Corporation) United States Surety Company (Surety Business Name) (I) N/A (Witness) One Texas Station Court,Ste.230,Timonium,MD 21093 (Pri'icipal Place of Business) (2) N/A (Witness) urety Agent's Signature- See Note 2) Attest: (If Agency is a Corporation) Robert T. Theus (Surety Agent's Name) (Corporate Secretary Signature) Attorney-in-Fact and Florida Licensed Resident Agent Kassandra S. Sullins (Surety Agent's Title) (Corporate Secretary Name) Cecil W. Powell & Company (Business Name of Local Agent for Surety) (Corporate Seal) 219 N. Newnan St., Jacksonville, FL 32202 (Business Address) 904-353-3181 N/A (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended)and be authorized to transact business in the state where the project is located. RFP20-004 Fuel Island Upgrade 30 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF Florida ) COUNTY OR CITY OF Duval ) Before me, a Notary Public, came Robert T. Theus by means of x❑ physical presence or 0 online notarization known to me,and known to be the Attorney-in-Fact of United States Surety Company , a Maryland Corporation,which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said United States Surety Company were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of United States Surety Company (Surety Company) Given under my hand and seal this 17th day of March , 2020 . KASSANDRA S.SULLINS Notary Public,State of Rorida A< Yr7-17j) My Comm.Expires 06/22/2022 Commission No.GG202445 (Notary Public) My Commission Expires 06/22/2022 END OF SECTION RFP20-004 Fuel Island Upgrade 31 .114 TOKIOMARINE H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company, a California corporation,Texas Bonding Company,an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S.Specialty Insurance Company,a Texas corporation(collectively,the"Companies"),do by these presents make, constitute and appoint: Fitzhugh K. Powell,Jr., Robert T.Theus or Benjamin Powell of Jacksonville, Florida its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, - providing the bond penalty does not exceed Twenty Five Million****** Dollars ( ***25,000,000.00*** ).This Power of Attorney shall expire without further action on April 23rd,2022.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any • and all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings,including any and all consents , for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 151 day of June,2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY , UNITED STATE$SURE1 f cOJ PANY U:S",.S,PECIAL Y.dt URANCE COMPANY , �ooMcronytio,t /,,' 1-9..•.,,ss `ss'. ..VRFr�,, =r,.tm.l- ,,,,... State of California R %: ,, o' :o= ,` e�+ = �� County of Los Angeles '.un -,,,P,:-, i �.r s. s . By: ` 'yea"• ,'„o'F „ ......... :;r Daniel P.Aguilar,Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document On this 1s1 day of June,2018,before me,Sonia O.Carrejo,a notary public,personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .,� saruo.uauuo i I f t. a24rMsxnn Cnwy*. 1 Signature ' {►l (seal) m� MYG`:—..tbyI*,p 431M,i02I I, Kio Lo, Assistant Secretary • American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Wher of `" ,unto set m ha nd affixed the seals of said Companies at Los Angeles, California this 7 day of Corporate Seals N /�. foe•e!f, ,,aoNoiu .,y ,•s suR/• *,oi, an,-.w t" 1 , s'•-• 4�°4 60;. O.,y it4.......,f F., jai... Bond No. r,'' -err v`_oq? :p's__ .'*Ali../a ij{ ,' �1Agency No. 9275 -•,p� t,i"a��•o ��f91.. -r'ci'��,= ���°�•.. '*�a` ' F� Kio Lo, Assi- Secretary ,u°, '6�`,uN r,ur.m, nut,, HCCSMANP0A05/2019 visit tmhcc.com/surety for more information RFP#20-004 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS. THE PERSON SIGNING THIS FORM SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY IN A LEGAL CONTRACT. �C Dile items tec- 610,y 9DY - 29 /—o794 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 'Pt -97c--DfrT FAX (INCLUDE AREA CODE) (-6M15 yi&o.4.07 E-MAIL ADDRESS _ 1 �..0 IF REMITTANCE ADDRESS IS DIFFERENT AUTHO* ii-D SIGN TURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAM /TITLE(PLEASE PRINT) /w.c lb/d R,L /os' STREET ADDRESS $#1T' 1/GAM- /- 37-o I CITY STATE tt ZIP S FEDERAL ID# "I- Z 11¢ 3 Individual Corporation Partnership Other (Specify) Sworn to and subscribed before me by means of Lrphysical presence or ❑ online notarization this ;5C day of aeri 1 ,20 2C. Personally Kno� or Produced Identification Notary Public-State of F L. (Type of Identification) County of :)1 a:11 tTh In 1 •( rykt, 0lw0. 1►1�Y :1 pb1 KATHY J.JAWORSK! Signature f Notary Public �'"��'':416 commission/GGgt2567 Expires December 26,2023 15'eocc# Bawled Thy euaor&Ivy s«row Printed,Typed or Stamped Commissioned Name of Notary Public RFP20-004 Fuel Island Upgrade 36 ocoee florid() CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their RFP: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this RFP. (Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer 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,Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112,Florida Statutes,the term"conflict of interest""means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest",and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting,an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: v To the best of our knowledge,the undersigned firm has no potential conflict of interest for this RFP. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this RFP. Acknowledged by: X 6. d‘v olmt.Nr C-2otir Firm Name "1,24- Signature Name and Title(Print or Type) (1(3.)/2.45 Date RFP20-004 Fuel Island Upgrade 37 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program,a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: �C- Dc(fccoemt.or-- 24.-nr'� Signature: By: L. 45.1 (Printt,r4St or Type Na ) Title: 0 co.) f— Date: 7l, /Lv RFP20-004 Fuel Island Upgrade 38 CERTIFICATION REGARDING SCRUTINIZED COMPANIES' LISTS The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria,as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List,or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Respondent: G Del? µl;�� -- r By: (Authorized Signature) Title: Oa(0 Date: 7/3b IP> RFP20-004 Fuel Island Upgrade 39 COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT Bidder hereby acknowledges that all costs for complying with the Florida Trench Safety Act, Florida Statute Section 553 Part III, are included in the various items of the proposal and in the Total Bid Price shown on the Bid Form. For informational purposes only, the Bidder is required to further identify these costs in the summary below. Trench Safety Unit of Measure Measure Unit Unit Extended (Description) (LF,SY) (Quantity) Cost Cost A $ $ B $ $ C $ $ D $ $ TOTAL $ BIDDER: ZC- )gv fA4E%a r 40—y SIGNED: BY: glen---1-4C-IrlrlNt at (Print or type ame) TITLE: ge-51066.-94- DATE: Ct/ Ir THIS IS NOT A PAY ITEM: The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in the Total Bid price. Contractor will not receive additional payment if actual quantities differ from those estimated or if the Contractor uses a safety measure different than those listed. END OF SECTION RFP20-004 Fuel Island Upgrade 40 . L...... 1 1 e) if i co i i 0 li 1 _ w 1 I : p z 0 .... i 1-- ce 4.1 c , i f. w cu ce < 5 z w D u 0 0 Lu Ln I i v) 0 ce w LIJ IX cu ! 0 R. IL-1.-I W v) I , u ...1 CC < < co LAJ D -.•,-.-,.(n. :. : .,,-, , ..N o ! i tp 0 . , 4-I ! Z Z tn.' . <': '- '-'. Z 0 1 Z,---':::::-•-y.-::•:.1 CV,•,"-: -,--- 77-71 ,Ner,4 , -1 . ,r •:'---, ': , •-• W E c . . U) U) .-171,' '?‹'V.''.,;::''-liM'.II‘1.'% 'I' ' . 66.N' . :.1*,••• Cs1 0 0 .L)-9, laa.• ,,;..'ui ,.fre .-- , • - rs...-t.,,,,,,,k•jt Ty 0=' -'''...•- ,. &',.. `-'___I ' ' '. LI:F;•',,:i.,D,;.4. ,-..::,-e,-A-.,,, 8'.';' 0 :2 c c .— fa ...-; . -• •• -J-La•.;.,_- -:,..,._-_... -:,,. .1•4. CL, , Li- C 4'1 I ...j12. : >!,. ,.c...) :ts-' ... 't ';'1 . • ' ,;,.-'':'•:'„,:..4-, .D'. >• a) ti i LI. 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' ! • . ,,,2 - E 41 ca t) '',,'-I-Li • z: '-' - ...-ig,-,': -::,.---• : _, :. x > 0 --e .. .. , .. - ," u", D -0„,,„(--"*.o - - , 141 >1. z 1 .tn %.0 cc & (/) - p.. O I... I- 0 5 Z v) 0 < 0 ce Z a) 1 1 M C.) z °- (..., • 0 < 's i I I O u) u < —J ._ U) —1 a o LLI 2 0 L.L.1 1 ! -iitOkiN - . I ' .. OW,:............. I-- I 1 ,. ,'';-:::: 1,1^;.#.,.• ',A. 0 'err. ••A ,.;ijii,::'!„..,.-:-:*„.i.- f;-..•: '.-. I•ti:11,22 :='- 'f'ifT,'-er.,,,:i:„' ,,',;• op,. • ,,,..: 7.-.,127:1:"4-Y:,::*:•1W;§. "'N f:14::. 1 ' • '8,V-Agir::?','-'4!.;.-:k‘;'-; ._'-'' i I- fitilIF..0:. .ki 1 -.0.•.0..:. • .1 .141* zallil ., ...-, . . • .. .... El 19. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that 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. (Attach additional sheets, if necessary) NOT APPLICABLE 20. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. 1 Dated March 13,2020 No. 2 Dated April 1.2020 No. 3 Dated April 27,2020 21. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: K&K ELECTRIC,INC./2510 COUNTRY CLUB ROAD,SANFOR FLORIDA CENTRAL FLORIDA CONSTRUCTION/P.O.BOX620815,ORLANDO,FL MANNY QUILLI(MBE)/CONCRETE (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any 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 RFP20-004 Fuel Island Upgrade 18 approval before any work shall commence by the additional subcontractor on this project. 22. 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. MINI EXCAVATOR -OWNED BOBCAT OWNED SKIUS I LLH OWNED 23. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Respondent shall complete the following blanks regarding experience with similar type of work. Respondent must demonstrate ability to perform services of similar complexity,nature,and size of this project within past three (3)years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Pinellas Suncoast Transit Authority Fuel System Upgrades Replace 8K Fireguard Tank&5 Electronic Fleet Dispensers $164,089.00 MISSY Nevin—racinues u rector(/z/)b4U-1 s63 Pinellas County Fleet Operations New Fuel System F/I New Fuel System 6K Fireguard Dispenser TLS450 Plus as ,1zu.uu iticnara ung—sleet rueis Manager(its)ma-1 u/ Sarasota County Government New Fuel System Install 12K AST Piping Pump Sets&Filtration Equipment $229,000.00 Dennis Ldley—PM(941)376-2908 South County Bus Depot-Fuel System Upgrade-Furnish and Install 1-25K AST,dispenser Canopy ETC-$255,972.00 Josh Tomilson! MES Have you any similar work in progress at this time?Yes x No Length of time in business 40 years months. RFP20-004 Fuel Island Upgrade 19 Bank or other financial references: Valley National Bank Vicki Killeen vkillen(gvalley.com 813-739-5641 (Attach additional sheets if necessary) 24. SUBMITTALS: The City of Ocoee requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Respondents shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. All expenses for providing qualification packages to the City shall be borne by the respondent. Submissions shall be limited to a total of forty (40) 8.5"x 11" pages (excluding Table of Contents, front and back covers, dividers, and all forms included in this RFP), single- sided, portrait orientation, 12-point font, and contained in a three-ring binder or other format amenable to easy photocopying. The page limit applies to the material contained in sections 1 and 2 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. In order to simplify the review process and obtain the maximum degree of comparison,the Respondent must provide the following content when responding to the RFP: Section 1—Company Information • Firm's history,number of years in business,etc. • List of all firm's supervisory employees,their qualifications,and their role for this project. • Firm and employee licenses, certifications and registrations with regulatory agencies,professional organizations. • Firm's sub-contractors,their qualifications,and their role on this project. • List and quantity of firm's (and firm's sub-contractors' if applicable) type and quantity of equipment to be used for this contract. • Current and projected workload, provide project and client names and project commencement and projected completion dates, and construction dollar value of the project. • Project Approach: Briefly describe the Contractor understanding of the project and how the Contractor would accomplish this work. RFP20-004 Fuel Island Upgrade 20 Exhibit"B" Proposal Form RFP#20-004 FUEL ISLAND UPGRADE Total Price Proposal: $ 199,995.00 One hundred ninety nine thousand and ninety five dollars dollars and zero cents. Meet completion time requirements: x Yes No Meet required warranty: x Yes No Are you proposing on the equipment as specified in the RFP documents? Yes x No If no, list any exceptions and list the Manufacturer, Make, Model of the proposed equipment and attach Design and Material Specifications as directed in the RFP specifications: Company Name:Adams Tank& Lift, Inc. Contractor License No.:PCC050767 CGC1506522 Represents ' e N :Christ er Marks - Commercial Fuel Systems Mgr. Signat re: ,af�@1 �h Title: _pa/ferie4 %1-1.8 k7p—, Date:April 6, 2020 RFP20-004 Fuel Island Upgrade 25 RFP#20-004 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS. THE PERSON SIGNING THIS FORM SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY IN A LEGAL CONTRACT. ADAMS TANK AND LIFT,INC. 727-540-0931 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 727-540-0848 FAX (INCLUDE AREA CODE) andyadams©adamstank.com E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT THORIZE S ATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: Andrew J.Adams NAME/TITLE(PLEASE PRINT) e c-+ Qd6I.(nS-EOY1\t° Co m 4568 131st Ave North STREET ADDRESS Clearwater,Florida 33762 CITY STATE ZIP FEDERAL ID# &i'a 49-1 1351 Individual X Corporation Partnership Other (Specify) Sworn to and subscribed before me by means of physical presence or 0 online notarization this day of ,20 O. Personally Known or Produced Identification Notary Public-State of ��OYIGt� (Type of Identification) C my of j r to()Q S • ••"v n"�• AMANDA TOBECK ignature of Notary Public !Ts Notary Public-State of FloridaCommission#GG 044366,, fi •• My Comm.Expires Jan 21,2021 Printed,Typed or Stamped Commissioned ^gnu•"• Bonded through National Notary Assn. 0 Name of Notary Public RFP20-004 Fuel Island Upgrade 36 1\44.4r ocoee florida CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their RFP: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this RFP.(Indirect ownership or benefit applies to any members of his or her immediate family.) Proposer 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,Proposer agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112,Florida Statutes,the term"conflict of interest""means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest",and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting,an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: X To the best of our knowledge,the undersigned firm has no potential conflict of interest for this RFP. The undersigned firm,by attachment to this form,submits information which may be a potential conflict of interest for this RFP. Acknowledged by: ADAMS T LIFT INC. Firm N v Si ANDREW J.ADAMS PR SIDENT Name and Title(Print or Type) 5/4/2020 Date RFP20-004 Fuel Island Upgrade 37 DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that it has a drug-free workplace program. In order to have a drug-free workplace program,a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to .gn the statement, I certify that this firm complies fully with the above requirements. Bidder: ADAMS'T C ND LIFT Signature: tl By: ANDREW J.ADAMS (Print or Type e) Title: PRESIDENT Date: 5-4-2020 RFP20-004 Fuel Island Upgrade 38 CERTIFICATION REGARDING SCRUTINIZED COMPANIES' LISTS The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria,as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List,or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. r J ADAMS Name o f s dent: ; r By: / (Authk ed Signatu -i Title: PRESIDENT Date: 5-4-2020 RFP20-004 Fuel Island Upgrade 39 COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT Bidder hereby acknowledges that all costs for complying with the Florida Trench Safety Act, Florida Statute Section 553 Part III, are included in the various items of the proposal and in the Total Bid Price shown on the Bid Form. For informational purposes only,the Bidder is required to further identify these costs in the summary below. Trench Safety Unit of Measure Measure Unit Unit Extended (Description) (LF,SY) (Quantity) Cost Cost A NOT APPLICABLE $ $ B $ $ C $ $ D $ $ TOTAL $ BIDDER: AD T K AND LIFT SIGNED: BY: AND J.ADAMS (Print or type name) TITLE: PRESIDENT DATE: 5-4-2020 THIS IS NOT A PAY ITEM: The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in the Total Bid price. Contractor will not receive additional payment if actual quantities differ from those estimated or if the Contractor uses a safety measure different than those listed. END OF SECTION RFP20-004 Fuel Island Upgrade 40 0 \S\ C\Gti EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, Adams Tank&Lift,Inc. ,as Principal, and Merchants Bonding Company(Mutual) as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida,as Owner,in the penal sum of,(5 percent of the Contract Bid)$ — (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,successors and assigns. Signed,this 1 qr day of April , 20 20 _. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing,for the RFP#20-004 FUEL ISLAND UPGRADE(Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner,or RFP20-004 Fuel Island Upgrade 26 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety(90)days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer,agent or representative who executed this Bond on behalf of Surety to execute,seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute,then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid"as used herein includes a bid,offer, or proposal as applicable. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. RFP20-004 Fuel Island Upgrade 27 BIDDER: Strike out(X)non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP,complete this signature block. (1) (Individual's Signature) (Witness) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) If Bidder is PARTNERSHIP,complete this signature block. (1) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) RFP20-004 Fuel Island Upgrade 28 If Bidder is CORPORATION,complete this signature block. AdEarns�an� ��� �+, Tnc. (1) (Corporation Name) (Witness) lor�da (2) 4,4./k (State of Incorporation) (Witness) By: (ADM.)-i J POP", (Name of Person Authorized to Sign-See Note 1) (SEAL) de-P.1 (Title) (Auth 'ze Signature) (Corporation President) 4502, 131 s>k N Cle3rcenter 1c 33,19.1 (Business Address) E�ta',-)51-10-Og3) PCC 05ei o1 (Telephone No.) (Florida License No.) RFP20-004 Fuel Island Upgrade 29 SURETY Witness: (If ncy is not a Co oration) Merchants Bonding Company(Mutual) (Surety Business Name) (1) (Witness) P.O.Box 14498 Des Moines,IA 50306-3498 4 (Principal Place of Business) (2) 14 (Witness) By: t (Surety Agent's Signature-See Note 2) Attest: (If Agency is a Corporation) Robert B.Nation • (Surety Agent's Name) (Corporate Secretary Signature) Attorney-in-Fact (Surety Agent's Title) (Corporate Secretary Name) M.E.Wilson (Business Name of Local Agent for Surety) (Corporate Seal) 300 W.Platt Street,Suite 200 Tampa,FL 33606 (Business Address) 813-349-2240 FLC84777 (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized"Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended)and be authorized to transact business in the state where the project is located. RFP20-004 Fuel Island Upgrade 30 MERCHANT`S BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Douglas W King;Dwight Wilson;Kelly B Sutton;Michelle D Liwosz;Robert B Nation;Sherry R Heywood their true and lawful Attomey(s)-in-Fact,to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually faced." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February , 2020 . .•.••pt10Nq�••.,� •• OG CO•••• a'•••PO�•.' a�•. * 4*•' �'o • MERCHANTS BONDING COMPANY(MUTUAL) V�� `9e '1! • ���,��P�99-A*.„.; MERCHANTS NATIONAL BONDING,INC. -0- p:la: •F:? -o e•‘; • v': 2003 ;o: :y 1933 c: By • President STATE OF IOWA •� ••.•'" '••'••••• ••..•••.• COUNTY OF DALLAS ss. On this 11th day of February 2020 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ' POLLY MASON 0 ��-t� Commission Number750576 • My Commission Fires O CJ /CO' January 07,2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,Wiliam Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 1st day of April ,2020 . •• PO A •• ij/, s j 2003 :p: y 1933 ;.y� Secretary POA 0018(1/20) ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF Florida ) COUNTY OR CITY OF Hillshoroug County ) Before me,a Notary Public,came Robert B.Nation by means of El physical presence or 0 online notarization known to me,and known to be the Attorney-in-Fact of Merchants Bonding Company(Mutual),a Iowa Corporation,which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said Merchants Bonding Company(Mutual)were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of Merchants Bonding Company,(Mutual) (Surety Company) Given under my hand and seal this 1st day of April ,20 20 . otary Public) My Commission Expires -H 3 -2 Z END OF SECTION DIANA J.DEFREEUW ''' commission CM88$ IT Expires September 13243,2822 .".c4".itrbr Bonded TM Troy Fain'mance 500 T019 RFP20-004 Fuel Island Upgrade 31 f Clearwater- (727)540-0931 Sunrise - (954)742-1735 Orlando - (407)339-2384 Fort Myers - (239)731-6766 City of Ocoee Bid # 20-004 Fuel Island Upgrade AT&L Difference State certified Fueling Contractor Construction and Installation Equipment,Parts and Supplies Maintenance,Repair and Monitoring Equipment Financing Similar Project Experience 1. Sarasota County Bus Depot- Install 25,000 gallon split above ground tank associate concrete,fuel piping,dispenser etc. 2. Daniel Mullen Trucking, Bushnell, Florida — Supply and Install 20,000 gallon above ground Tank along with associated piping, dispenser, concrete work etc. 3. Pinellas County Parks- Supply and Install 6,000 gallon AST, associated piping and other systems. >r 'UMW ,Th4 • t t - .! ttLtnt tXr,;. z' Member of �� l LOCATIONS MEMBER PlIA - 4568131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 1 of 11 EXECUTIVE SUMMARY Adams Tank and Lift Inc. (AT&L Inc.) proposes to supply and install the fueling system for the City of Ocoee. AT&L Inc.is an experienced provider of these services, and, understands the intricacies as well as the objectives of the tasks put forth in the proposed Scope of Work. Adams Tank & Lift is a Family Owned Company which, since 1979, has grown from a small operation to 4 Offices serving nearly all of Florida, from the panhandle to the keys. We provide Complete Installation and Service on most brands of Service Station and Garage Equipment. Electronic Equipment is our specialty and we pride ourselves on having the very Best Technicians in the State of Florida, providing High Quality Service on POS (Point Of Sale) Equipment, Dispensers and Dispenser Control Systems as well as the installation of Underground Storage Tanks & Lines, Environmental Protection Equipment, Lifts and other related equipment found in Service Stations and Automotive Repair Facilities. We are Fully Insured, Licensed in the State of Florida and our Technicians are Factory Certified. The key elements of The AT&L Inc. Management Plan and Technical Plan are presented in this submittal THE AT&L INC PROVIDES KNOWLEDGEABLE AND RESPONSIVE MANAGEMENT The AT&L Inc. dedicates key management personnel for the design and installation of the proposed tank field and associated piping and abandonment of the existing tank field and associated piping. This talented group includes Andy Adams , Member of LOCATIONS MEMBER - 4568131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 2 of 11 Project principal, Soumya Chakrabarti, PE Project manager, Site Superintendent David Lyon, Bruce Brown,Operations Manager These experienced professionals will be dedicated to Owner endeavors to meet all demands of the contract. AT&L Inc.will work with Owner project managers to achieve the construction goal. AT&L Inc.will assist Owner project manager to reach this goal by conducting timely and focused responses to any requests and demands posed by City of Ocoee along with specific recommendations to minimize impact on cost, schedule and enhance the aesthetics of the new tank field. The AT&L Inc.has ample resources, equipment, and dedicated staff to serve this request for proposal THE AT&L INC PROVIDES QUICK AND EASY COORDINATION AND COMMUNICATION WITH CITY OF OCOEE AT&L Inc. strives for a close working relationship with all clients and accentuates coordination to complete all tasks in a timely,cost-effective manner. Coordination within the project team will be on a daily basis in order to ensure accurate and consistent information among the team members. The AT&L Inc.'s team selected for this project works closely in order to verify that each task and subtask is completed in a timely manner with quality results. The AT&L Inc. consistently utilizes the most rapid means of communication; e- mail,mobile telephones,faxes are employed on a daily basis. THE AT&L INC EMPLOYS EFFECTIVE MANAGEMENT TECHNIQUE Understanding project goals, controlling costs, and managing schedules are the cornerstones of effective management. In order to guarantee the timely completion of Member of r(�`►� LOCATIONS MEMBER PIA - 4568131rt Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 3 of 11 proposed activities,AT&L Inc. utilizes various project planning software. Upon contract award, the AT&L Inc. will develop a critical path method schedule, as included in the Technical Plan of this submittal. THE AT&L INC BRINGS EXTENSIVE LOCAL EXPERIENCE and COMPLETE TURNKEY CAPABILITIES WITH QTA and Fueling projects The AT&L Inc. has more than 40 years-experience in Florida, with most operations carried out from our Clearwater corporate home office. We provide Complete Installation and Service on most brands of Service Station and Garage Equipment. Electronic Equipment is our specialty and we pride ourselves on having the very Best Technicians in the State of Florida, providing High Quality Service on POS (Point Of Sale) Equipment, Dispensers and Dispenser Control Systems as well as the installation of Underground Storage Tanks & Lines, Environmental Protection Equipment, Lifts and other related equipment found in Service Stations and Automotive Repair Facilities. MANAGEMENT PLAN AT&L Inc. is extremely proud of the project team it has assembled to execute the services to Owner under this proposal. Every member of the team brings outstanding credentials and significant, "on-target" experience to the project. Here are a few highlights of team member credentials: • Experience at over one thousand retail petroleum facility design and construction. • Experience of over one thousand underground storage tank system installations and removals. • State certified pollutant storage tank contractor. • State certified building contractor. • Outstanding academic credentials. • Direct experience in all areas as defined in the Scope of Services. Member of - f LOCATIONS MEMBER - 4568131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 4 of 11 The AT&L Inc's Project Manager,Soumya Chakrabarti, P.E,will serve as the single line of contact for Owner contract. Mr. Chakrabarti, with over 13 years professional experience in petroleum construction, will be responsible for task assignments, direction of field supervisors, and all correspondence with City of Ocoee. Mr. Chakrabarti's experience involves numerous tank installation projects including Sarasota County Fleet AST Installation, Naples Airport AST Installation, City of Orlando AST installation multiple locations, Orlando international airport, QTA, Florida Department of Transportation development of the Turnpike Plazas and Tampa International Airport. The following project management and organizational chart is descriptive of the multi-disciplined approach to this request for proposal and execution of the engineering,design, permitting and construction. Member of ()FELLOCATIONSPAA MEMBER - 4568131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 5 of 11 Project Personnel & Organizational Structure President ,,, Wayne ---47.eeaerria T..wek,itc-e4fie" i - - :,:,.milicop-sf-, L, f UELIN3 SYSTEMS 1 Accounang maw 1 1 j at "" alitY (Daea«aService meow,saw: aMenm rearycaara Cansttemon 3 can6818d10nl ! Corotruceonmiaor:g RP.'Gonnammre - raesnw ca cca men .Opxalwns Manager.:i i E ginereag Daacatr! , com Drew Mama I sasey t;t�ar aua amain , :Same that ball f Sera oe gall Sgetiligt --ltr Mmaga Salesman Ptadraslrg , ' ooncanavcr # CtManager: or— ltly LudgateM Mree. SOortll Kenney t DaNa Lyons _Lemingr-----i Sente —s fat na°� am®(arwnaol' u cocoenaa�1 Scat Aronson Tina Fmce s s Mechanic]-`a Lue I "I i __i Mammy 9 it �tanager Salecmnt: WarehouseCawaacUan , / Craw tsaosr t �,, [xsemons iOaancroJ: —I.iSbtml lrHrIDoryq: (s' rr' Amain -Dam Pyres +Mahe Waal✓ Scoff Rase Angel Rasa Dave La gan=• ;Slay MOAN; - 9 Sbrefe ,�. -Kahl Miler _- _- i -Urea Fat�ln ! a r •i, 1 - Col7aefl _ Wy,enaya -UgKay AP Coort>bsator 4{ � i !; Camrrrail spec>atfu ! CCOMEMCO • -Urn Cac�nea Amy TjazR-{iatfg �' ,1 �3 CMS Maas Maim Mae Heather D� -Tan MI�iIQ-__r « —1. Saearan(: VMaretnorae ..-Construceon ' Comet e . PR A9atY63ator: 'may (aelaasJ: (Fi Myew s Mad t Crwr elercuc Dana Reynalas p BB ae7*1 Seam Davis ( ' Haan Hams 17 Spookiest! I 'pans:I{JnanGarbsi-► (Sunrise): "asn , 88818 L �S ;, tasqu % a es Manny RD:84 . sa,eoa Mazugar Salesman —8,.. (Ft My w: i(North Want Dan Janusz J Armando Lcpsz lens,win zanuszi L l k. ) Member of ^ - LOCATIONSpm MEMBER - 4568131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 6of11 IDENTIFICATION OF KEY INDIVIDUALS The following persons serve as the AT&L Inc project team leaders. Each is a registered professional with numerous years experience in the retail petroleum industry. President Andrew Adams, President • Experienced in petroleum since the company's inception in 1979 and current holder of a Petroleum Contractor's License &Tank Tester license issued by the Florida Department of Business and Professional Regulation. PSSC License Holder Construction Soumya Chakrabarti, MS, P.E. • Over 12 years of industry experience, holds PSSC, CBC licenses Bruce Brown, Operations Manager • Employed since 2001 with 43 years of experience in the petroleum industry David Lyons, Construction Manager • Employed since 1990 with 30 years of experience in the petroleum industry Service Ryan Goldhammer, Service Director • Employed since 2001 with 19 years of experience in the petroleum service industry. Certified in Wayne, Gilbarco, Verifone, Red Jacket, Fe Petro, and Veeder Root Equipment Marty Monfre, Service Manager Clearwater • Employed since 2008 with 28 years of experience in the petroleum service industry. Certified in Wayne, Verifone, Gasboy, Tokhiem, Bennett Schlumberter, Red Jacket, and FE Petro Member of rDT LOCATIONS MEMBER Pi A - 4568 131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 7 of 11 Don Janusz, Service Manager Ft. Myers • Employed since 1995 with 33 years of experience in the petroleum service industry Certified in PetroVend, Red Jacket, Tokheim, Veeder Root, and Wayne equipment Scott Rose, Service Manager Longwood • Employed since 2012 with 32 years of experience in the petroleum service industry Certified in multiple petroleum equipment lines Bill Brown, Service Manager Sunrise • • Employed since 2010 with 32 years of experience in the petroleum service industry Certified in Gilbarco, Dresser Wayne, Red Jacket, Veeder Root, Suntronics, Schlumberger, Verifone, Tokheim, and POS certifications Procurement & Inventory Management Stacy Gertsch, Warehouse Director • Employed since 2013 with 24 years of experience in managing warehouse processes for the petroleum and manufacturing industry Accounting Amanda Tobeck, Accounting Director & Corporate Secretary • Employed since 2006 with 21 years of accounting experience Human Resources Dafene Adams, Vice President • Employed since 1995 with 35 years of accounting experience AT&L INC PROJECT TEAM APPROACH The AT&L Inc's project team consists of a diverse group of petroleum system design engineers, civil engineers, structural engineers, licensed contractors, licensed pollutant storage tank contractors, geologists, drainage engineers, environmental timber of a LOCATIONSRA MEMBER - 4568 131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 8 of 11 scientists, wetland scientists, technicians, well drillers, and support personnel, each strongly committed to the overall success of the proposed undertaking. The various resources and expertise of each team member ensures outstanding performance from the onset of the project to task completion. Project Approach Step by Step: • Use owner supplied site plan to prepare Pump and Tank Drawings for permit • Submit and secure permits through City and FDEP/Health Department • Prepare shop drawings and product submittal and submit to City/Engineering team • Secure approval of critical path items such as tanks and dispensers • Order long lead items • Secure approval of other materials • Mobilize to job site • Secure job area • Remove and dispose of the existing pipe bollards on the west side of the existing 20,000 fuel tank. • Remove and dispose of 34'(L)X 15'(W) X approximately 10"deep of the existing flexible pavement, approximately 5 to 7 feet on the west side of the existing 20,000 gallons above ground tank slab. • Design and construct one 34' long X 15' wide concrete foundation slab with ten (10) 6" schedule 40 6" X 7' long pipe protective bollards spaced the minimum 4' center to center inside the west perimeter of the slab. • The bollards to be 4' above the finish elevation and 3' below covered in 18" (6" steel pipe schedule 40) concrete below the bottom of the concrete slab and filled with concrete. Member of rC PEI LOCATIONS MEMBER RA - 4568 131' Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 9 of 11 • Provide and install 12 additional protective 6" X 7' long bollards in line with the existing bollards. Note: (six (6) at the north end and six (6) at the south end) • The bollards to be primed and painted with Rust-Oleum safety yellow. • Provide and anchor one 20,000 UL-2085 Fireguard® double-wall compartmented tank with double bulkheads. • Provide 2" manifold for the two (2) unleaded gasoline tanks and the two (2) diesel fuel tank. • Upgrade the two (2) existing submersible pumps to include the required ball valve, 115 VAC anti-siphon valve and pump siphon check valves, with adaptor fittings to manifold piping. • Relocate the existing diesel fuel remote fill spill container with its ball valve and check valve to the north end between the two (2) tanks and re- pipe to each tank with 2" ball valve at ground level to isolate flow to each tank and overfill prevention valve with manual test mechanism in each tank as required. • Replace the existing unleaded gasoline remote spill container with Morrison #515- ST2300 AG spill container with 3" 2 ports (one (1) Fill and one(1)Vapor Recovery) mounted on a four-leg stand. The existing 3" fill adapter, ball valve and check valve to be reinstalled on the new container. Continue fill piping to each tank with 2" ball valve at ground level to isolate flow to each tank and overfill prevention valve with manual test mechanism in each tank as required. • Provide and install one (1) Gasboy model 9153KXTW1 DF (up to 22 GPM) mechanical fleet one product twin hose remote dispenser with 3/4" x 14' hoses, swivel, safe-T-break combo and automatic nozzle to be mounted on a Morrison #434 dispenser sump. The dispenser is to be installed on the existing West Fuel Island. The supply piping is to be Member of LOCATIONSPA A MEMBER - 4568131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 10 of 11 connected to the existing unleaded gasoline piping secured to the canopy column with a ball valve 6' above the island. Electrical connections are to be provided by the AT&L. • Install owner provided liquid level probe in each compartment of the primary tank. Conduit and wiring to be provided by AT&L. • Provide and install two (2) Morrison # 918 0400 A 2" clock gauge with alarm and 2" drop tube Alarm to be mounted next to remote fill spill container. • Clean area as per existing conditions and properly dispose of debris. • All fuel for new tank system is to be provided by others. • Check and test for proper operations. • De-mobilize all equipment and personnel. EMPHASIS ON QUALITY ASSURANCE The AT&L Inc. implements several quality assurance/quality control procedures throughout each level of the project. These measures integrate all phases of the project: client contacts, permitting and governmental services, on-site activities, and review of subcontractors. Due to the nature of business, the AT&L Inc. practices a high level of Quality Assurance and Quality Control in all levels of the petroleum system installation. AT&L proposes to test all fuel piping installation above and beyond the requirements set forth in the specifications to insure tight system. DEDICATION TO Project and ITS GOALS The AT&L Inc.'s project team is aware of the importance of the project and contract with Owner,aims to complete the project within budget and schedule. Member of LOCATIONSPA A MEMBER - 4568131st Ave N,Clearwater FL,33762 - 5150 NW 109th Ave(Suite 1)Sunrise FL,33351 - - 325 Dane Lane,Longwood,FL 32750 - 17464 East St,North Fort Myers,FL 33917 - Page 11 of 11 A CERTIFICATE OF LIABILITY INSURANCE 05/04/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-813-229-8021 NAM ACT Oriana Kasten, CIC M. E. Wilson Company, LLC PHONE 813-349-2240 FAX 813-354-4807 (Am.No.EA, (A/C.No): 300 W. Platt St. E DRESS: okasten@mewilsOn.COM Ste 200 INSURERS)AFFORDING COVERAGE NAIC S Tampa, FL 3360E INSURERA: STARR SURPLUS LINES IRS CO 13604 INSURED INSURERB: STARR END & LIAR CO 38318 Adams Tank & Lift Inc. AT & L Construction Services Inc. INSURER C: 4568 131st Ave N INSURER 0: INSURER E: Clearwater, FL 33762 INSURERF: COVERAGES CERTIFICATE NUMBER:59192132 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 1000066283191 07/20/19 07/20/20 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE n OCCUR DAMAGE TO RENItO 100,000 PREEMISMISoccurrence)ES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 X BF PD/Contractual PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I I PROT- I I I I JECLOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 1000636755191 07/20/19 07/20/20 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED —SCHEDULED BODILY INJURY $ AUTOS ONLY AUTOS (Per accident) HIRED NON-OWNED PROPERTY DAMAGE $ _AUTOS ONLY _AUTOS ONLY (Per accident) X Camp/Collisio _ Basic PIP $ $10,000 A UMBRELLA LIAB X OCCUR 1000336946191 07/20/19 07/20/20 EACH OCCURRENCE E 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LJABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNERJEXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? n N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Contractor Poll/Prof Liab 1000066283191 07/20/19 07/20/20 Bach Claim 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Ocoee is additional insured in respects to General Liability and Umbrella. Waiver of subrogation applies in favor of the additional insured for General Liability coverage. 30 days notice of cancellation applies per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ocoee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 150 N. Lakeshore Drive AUTHORIZED REPRESENTATIVE Ocoee, FL 34761-2258 ram-u w_ a� n ,,,,_ I LISA J i 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 0K001 59192132 Policy Number: 0830-45547 Date Entered: 7/20/2019 Accmr, CERTIFICATE OF LIABILITY INSURANCE DATE paM/DDNYYY) 5/4/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT WorkComp Partners PH��ONEAk Fax ) 454 West Pipkin Rd E-MAILIL.Erb. (813)747-7490 .N,k ( ADDRESS: Lakeland, FL 33813 INSLRtER(S)AFFORDING COVERAGE NAGS INSURER A:Br ie1d Euployere Insurance CanPala' INSURED Adams Tank & Lift, Inc. INSURER B: AT&L Construction Services, Inc. INSURERC: 4568 131st Avenue North INSURERD: Clearwater, FL 33762 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP UNITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER a1M/DD/YYYY) (MM/DDIYYYY) COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(My ow person) $ PERSONAL B ACM INJURY $ GENL AGGREGATE pURMpIT.APPLIES PER GENERAL AGGREGATE $ POUCY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY W SINL,LE UMJT $ ANY AUTO BODILY INJURY(Per person) $ D —SCHEMED BODILY INJURY(Per accident AUTOS ONLY _AUTOS •tH ( ) $ AUTOS ONLY AUTOS ONLY (Peer meant) $ $ UMBRELLA LIAB OCCUR EACH O NCE $EXCESS LIAB CLAIMS-MACE AGGREGATE $ DED I RETENTIONS $ WORKERS COMPENSATION XI STATUTE I ERA AND ENPLOYERS'UABILITY YiN A OFFICER/ME PROPRIETOR/PARTNER/EXECUTIVE UDEED?ECUT I" I N/A X 0830-45547 7/20/2019 7/20/2020 EL EACH ACCIDENT $ 1,000,000 (�Myaensd�atory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 OESGIp�NOF OPERATIONS Woe EL DISEASE-POUCYUMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(A CORD 101,Additional Remahs Schedule,may be attached more space is required) Waiver of Subrogation in favor of City of Ocoee. CERTIFICATE HOLDER CANCELLATION City of Ocoee 150 N. Lakeshore Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXR RATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ocoee, FL 34761-2258 ACCORDANCE WITH THE POLICYPROVISIONS. AUTHORIZED REPRESENTATIVE -f Y le tiro,. .t,O s_tiu:ui n Maria L Wetheriagton ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD RFP CHECKLIST 5/04/2020 3:00 P.M. RFP #20-004 FUEL ISLAND UPGRADE Adams Tank& Lift, RC Development RFP CHECKLIST Inc. KC Petroleum Group Non-responsive due to firm's special conditions in Exhibit A. The RFP terms are 90 days. Firm's Proposal expired within 30 days.Disqualified due to the expiration of the proposal by its Acknowleged Addendum 1, 2, 3 ✓ own terms. ✓ Bid Security Bid Bond Bid Bond Company Verification/License Check ✓ ✓ Required Forms ✓ ✓ Summary of Litigation ✓ ✓ Subcontractor Listing ✓ ✓ Equipment Listing ✓ ✓ References ✓ ✓ MBE Subcontractor NA Project Approach ✓ ✓ Yes, but states that Ability to Meet Performance Period tank lead time could Requirements Yes delay project Ability to Meet Required Warranty ✓ ✓ Proposing on the Equipment Specified in RFP-Yes or No No Yes Total Lump Sum Bid $198,052.59 $224,118.00 * Firms are listed in alphabetical order *Yellow highlighted cell indicates discrepancies on bid form 7 0 0 -R E a. .- C > o 0 < I- o= X0 � � y a (l v - E O J > 7 w m 0 m O O = 0 c Z co U) f o J 0 C w LL j Z U- O vH- as 3 0 9 j C - N N uO N N O J (6 "0 N Q ~ m N u Y E E LL W no co o Ce ao Q n. 1112 s a) m = E N E f6 0 o U y F- C 4 o d N ' •0 .- N M 7 C 0 0 `o i o m 0. 7 7 7 Q Y J W u) m is To 1- Z o co d o a' W W W ° cc zr RFP#20-004 FUEL ISLAND UPGRADE INDIVIDUAL EVALUATION FORM INDIVIDUAL EVALUATION FORM Evaluation Criteria Adams Tank&Lift,Inc. RC Development Group,Inc. Past performance and experience of the Proposer (0-30 points) 30 30 Project approach and understanding of the project (0-30 points) 30 29 Price Proposal (0 25 points) 25 22 Current and projected workload of the Proposer (0-10 points) 10 10 Certified M1WBE (0-5 points) 2 0 TOTAL.POINTS (0-100 Points) MEMBER RANKING 1 2 Evaluator Name:Michael T Nopper Evaluator Signature _. �j- RFP#20-004 FUEL ISLAND UPGRADE INDIVIDUAL EVALUATION FORM INDIVIDUAL EVALUATION FORM Evaluation Criteria Adams Tank& Lift, Inc. RC Development Group, Inc. Past performance and experience of the Proposer (0-30 points) 25 25 Project approach and understanding of the project (0-30 points) 20 25 Price Proposal (0-25 points) 18 20 Current and projected workload of the Proposer (0-10 points) 10 10 Certified MBE (0-5 points) 2 0 TOTAL POINTS (0-100 Points) 75 80 MEMBER RANKING 2 ::: Name Signature 1 kr/NpindUCA4.°'( *-A; "5 RFP#20-004 V l r3 FUEL ISLAND UPGRADE INDIVIDUAL EVALUATION FORM INDIVIDUAL EVALUATION FORM Evaluation Criteria Adams Tank&Lift,Inc. RC Development Group.Inc. Past performance and experience of the Proposer (0-30 points) S' j�. Project approach and understanding of the project (0-30 points) J5L Price Proposal (6-25 points) -? 2 S Current and projected workload of the Proposer (0-10 points) % /G Certified MANSE (D-5 points) 2 0 TOTAL POINTS i d (0-100 Points) � �+ �t1 4" MEMBER RANKING !I $ �c Evaluator Name �J��/�����! Evaluator Signature GJ i 1*4* ocoee florida Mayor MEMORANDUM Rusty Johnson Commissioners Date: July 13, 2020 Larry Brinson,Sr/ District 1 i coee Public Works Team To: Shannon Hopper, Purchasing Agent 1k , Rosemary Wilsen d District 2 L �. From: Stephen C. Krug, Public Works Direct. , Richard Firstner District 3 Improving a great community RE: Contract Award Recommendation. George Oliveriverlil RFP # 20-004 Fuel Island Upgrade District 4 pg City Manager Robert D.Frank Public Works recommends award of the Fuel Island Upgrade, RFP No. 20- 004, to RC Development Group, Inc., of Ponte Vedra, Florida. The City • received two (2) qualified proposals on the project from interested firms. The evaluation committee unanimously selected RC Development Group for the project based on their full understanding of the project scope. RC Development Group has been in business since 2004 with a management and design team for this project with a combined experience of over 100 years in designing and construction fuel system projects throughout the State of Florida. This project will provide additional fuel capacity for the City should emergency management conditions be enacted. The project is adequately funded through the Public Works Department Capital Improvement Program. City of Ocoee •301 Maguire Road • Ocoee, Florida 34761 Phone: (407) 905-3170•www.ocoee.org Hopper, Shannon From: Hopper, Shannon Sent: Monday,June 15, 2020 2:38 PM To: 'Chris James' Cc: Kevin Cormier;John Gorski Subject: City of Ocoee's Response to Bid Protest for RFP 20-004 Fuel Island Upgrade Attachments: Response to Bid Protest_RFP 20-004 Fuel Island Upgrade.pdf Good afternoon, Chris: Please see the attached letter which serves as the City of Ocoee's response to KC Petroleum's bid protest email below for RFP 20-004 Fuel Island Upgrade. Thank you, Aain9z 49 ez Purchasing Technician City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 1 PH: 407-905-3100 x 1524 E mail:shopper(a,ocoee.org Website: www.ocoee.org Florida has a very broad public records law (F.S. 119). As a result, any written communication created or received by City of Ocoee officials and employees will be made available to the public and media,upon request,unless otherwise exempt. Additionally,under Florida Law email addresses are public records. From: Chris James<cjames@kcpetroleum.com> Sent:Thursday,June 11, 2020 9:57 AM To: Hopper, Shannon<shopper@ci.ocoee.fl.us> Cc: Kevin Cormier<kcormier@kcpetroleum.com>;John Gorski<jgorski@kcpetroleum.com> Subject: City of Ocoee - RFP 20-004 Fuel Island Upgrade Importance: High Good Morning Shannon, We request to appeal this decision based on the comments in the recent announcement posted on Negometrix4 bid portal. "Non-responsive due to firm's special conditions in Exhibit A. . Firm's Proposal expired within 30 days. Disqualified due to the expiration of the proposal by its own terms." Our response is: • The RFP states on page 8 (Bid Security) states each proposal must be accompanied with a Bid Security.... And that the Respondent (K.C. Petroleum) will not withdraw its proposal for a period of 90 days after the scheduled closing time. • We (Respondent) have not withdrawn this proposal as of today's date of 6/11/20. 1 • The bid package we provided states on Exhibit C (paragraph 3-3.3 ) Bid Bond,that our bid bond and obligation will only be null and void if the Owner(City of Ocoee)fails to offer a Notice of Intent to Award to Bidder within 90 days. We have not reached that date as of 6/11/20. • The required docs listed by asterisk (*) on page 2 of the RFP doesn't"require"the bidder to provide any additional documentation. We did provide our standard language proposal doc for reference but not to be used in part or in replace of any required documents requested. • Section E, page 5 of the RFT states the City will award a single contract to the firm deemed to be the most highly qualified. K.C. Petroleum is the most qualified and we provided the lowest bid price. Qualification should be determined by the criteria set forth in the RFP as stated. Please provide a response and we also request your supervisor be consulted and included in your response. We strongly feel the bid disqualification is not warranted based on the response provided publicly. We look forward to your departments response. Thank you, Chris James Project Administrator KC Petroleum, Inc. (904)693-3200 ciamesAkcpetroleum.com From: Hopper, Shannon <shopper@ci.ocoee.fl.us> Sent: Wednesday,June 10, 2020 5:51 PM To: Chris James<ciames@kcpetroleum.com> Cc:John Gorski<igorski@kcpetroleum.com>; Brian Detwiler<bdetwiler@kcpetroleum.com> Subject: RE: City of Ocoee - RFP 20-004 Fuel Island Upgrade-Question Good afternoon, Chris: The Proposal has been disqualified and may not be modified. Thank you, Amman,34)ex Purchasing Technician City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 PH: 407-905-3100 x 1524 E mail:shopper(a.ocoee.org Website: www.ocoee.org Florida has a very broad public records law (F.S. I 19).As a result, any written communication created or received by City of Ocoee officials and employees will be made available to the public and media,upon request,unless otherwise exempt. Additionally,under Florida Law email addresses are public records. From:Chris James<ciames@kcpetroleum.com> Sent:Tuesday,June 9, 2020 2:41 PM 2 To: Hopper,Shannon <shopper@ci.ocoee.fl.us> Cc:John Gorski <igorski@kcpetroleum.com>; Brian Detwiler<bdetwiler@kcpetroleum.com> Subject: RE: City of Ocoee - RFP 20-004 Fuel Island Upgrade -Question Hi Shannon, We just received the announcement from Negometrix. I see our bid was disqualified due to the 30 day pricing terms listed on our standard proposal form? Has this been awarded or can we amend our proposal language? Chris James Project Administrator KC Petroleum, Inc. (904)693-3200 cjames@kcoetroleum.com Mayor Commissioners \ Rusty Johnson Larry Brinson,Sr,District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 O C f)P P Robert Frank George Oliver III, District 4 Florida VIA FEDERAL EXPRESS AND E-MAIL June 15,2020 Mr. Chris James Project Administrator KC Petroleum, Inc. 650 Talleyrand Avenue Jacksonville,Florida 32202 Re: Bid Protest, City of Ocoee RFP# 20-004, Fuel Island Upgrade Dear Mr. James: This letter is sent to you in response to your request to appeal the decision of the City of Ocoee(City) to disqualify KC Petroleum's proposal in response to RFP#20-004 ("Bid Protest"). The Bid Protest is dated June 11,2020,and was timely received in accordance with Section 10 of RFP#20-004. City staff properly disqualified the KC Petroleum(KC)proposal for the reasons set forth in this letter, and,as such,the Bid Protest is DENIED by the City. 1. Proposal expired by its own terms. As a part of its Petroleum Proposal,KC included Exhibit"A",notes to proposal/terms and conditions. In accordance with Project Note 1 to the Petroleum Proposal,Exhibit"A"is not meaningless text but is deemed a material part of the KC proposal to the City. One issue with KC Exhibit"A", is Item 1, General Terms, which clearly reads that"the prices and terms of this proposal are valid for a period of thirty(30)days from the date of this proposal." The date KC President,Kevin Cormier,signed the KC Petroleum Proposal is April 29, 2020. Therefore,the price and terms of the proposal expired by its own terms on May 29, 2020 (30 days from the date of KC's Petroleum Proposal). We recognize and agree that the City's standard template for the bid bond provides that the bid bond is good for a period of 90 days; however, the language in KC's Petroleum Proposal, Exhibit "A", which is a material part of the response, clearly limits the price and terms of the proposal to 30 days from the date of the proposal. 2. Proposal requires the City to agree to hold contractor harmless. A second issue with KC Exhibit "A", is Item 8, Hold Harmless Agreement, which requires the Owner/Buyer to hold the Contractor/Seller harmless of any damage, accidents, contamination, or injuries related to the proposed scope of work. The City is a municipal corporation established and City of Ocoee• 150 North Lakeshore Drive•Ocoee, Florida 34761 phone: (407) 905-3100•fax: (407) 905-3167•www.ocoee.org existing under the laws of the State of Florida. As a municipal corporation, the City has protection under sovereign immunity laws and case law. When contracting with a contractor, the City must carefully consider any hold harmless language and cannot agree to a broad hold harmless provision in a contract. 3. Proposal is inconsistent with City's payment terms. KC's Petroleum Proposal,Project Note 5,reads:"Payment Terms:35%Deposit with signed proposal; remaining invoice will NET due Upon receipt" The Payment Terms stated in the KC Proposal is clearly inconsistent with the payment terms in the City's RFP.Exhibit"A"to the Petroleum Proposal, paragraph 9, also includes Terms of Payment. Please see paragraph 11 of the City's RFP for the payment terms applicable to this project,which allow s the City to pay for work performed based upon monthly applications for payment. In conclusion and for the foregoing reasons,the Bid Protest is DENIED. Sincer•q, 40° °L/441-2- o.per Purchasing Technician Copy: Rob Frank,City Manager Craig Shadrix.Assistant City Manager Rebecca Roberts,Finance Director Joyce Tolbert,Purchasing Manager Dana Crosby Collier,Assistant City Attorney Christopher Marks,Adams Tank&Lift,Inc. Roger L.Combs,Jr..RC Development Group, Inc. City of Ocoee• 150 North Lakeshore Drive•Ocoee, Forida 34761 phone: (407) 905-3100•fax: (407) 905-3167•www.ocoee.org