HomeMy WebLinkAboutItem #05 Appointment of Commissioner to Selection Committee for RFQ#09-001
AGENDA ITEM COVER SHEET
Meeting Date: October 7, 2008
Item # 5
Contact Name:
Contact Number:
Joyce Tolbert
1516
Reviewed By:
Department Director:
City Manager:
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Subject: Appointment of<'"Comrni~sioner to Selectrori'iCom"1itte.,e for RFP~ #09-001' Continuing
Contracts for Geotechnical Testing Services ~. ., ";, ".'. 1
Background Summary:
In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be
appointed to the Selection Committee to evaluate proposals received for RFP #09-001 Continuing
Contracts for Geotechnical Testing Services. The selection committee meeting is tentatively scheduled
for Thursday, October 23, 2008 at 10:00 a.m.
Issue:
Appointment of Commissioner to the Selection Committee for RFP #09-001.
Recommendations
Staff recommends that the City Commission appoint a Commissioner to serve on the Selection
Committee for RFP #09-001 Continuing Contracts for Geotechnical Testing Services.
Attachments:
1, RFP #09-001
Financial Impact:
Type of Item: (please mark with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
X Discussion & Direction
" For Clerk's DefJt Use: ~,
Consent Ageridac
- Public Hearing
. Regular Agenda
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_ 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 ( )
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N/A
N/A
City Manager
Robert Frank
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Mavor
S. Scott Vandergrift
CITY OF OCOEE
REQUEST FOR PROPOSALS
RFP #09-001
CONTINUING CONTRACTS FOR
GEOTECHNICAL TESTING SERVICES
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RFP DOCUMENTS
3 thru 4
5 thru 8
9 thru 16
17
17
Legal Advertisement
Introduction/Proposal Instructions
General Terms & Conditions
*Summary of Litigation
* Addenda Acknowledgment
SCOPE OF WORK/PROPOSAL FORM
18 th ru 22
23
Scope of Work/Proposal Format
*Company Information/Signature Sheet
*Submit with Proposal
End Table of Contents
J
LEGAL ADVERTISEMENT
Ocoee City Commission
The City of Ocoee, Florida, in conformance with the policies and procedures of the City of
Ocoee (City) is soliciting statements of qualification and price proposals from geotechnical
testing firms that are interested in providing such services for City projects. Such projects
include utility extensions, roadway reconstruction, and similar work being done for the City. A
variety of testing and consultative tasks will be required in various combinations depending on
the needs of each project. Each firm proposing to provide geotechnical testing services to the
City shall provide a complete list of all such services normally available from that firm along with
the proposed unit prices. In addition, the proposal shall state conditions on the pricing
schedule, such as minimum number of tests required for each site visit or the minimum number
of engineering staff hours to be billed. All engineering services to be acquired under this
solicitation are related solely to supervision and analysis of test results and will not provide
direct design services.
Work will be requested through a task work order and subsequently authorized through a
purchase order. The task work order will be used to determine the expected quantity and
nature of the services required for the covered project(s). The purchase order will authorize a
specified maximum value of services to be provided. Project conditions may alter the number
and nature of tests and services provided over the course of the work, so long as the maximum
budget authorized is not exceeded.
The City intends to award continuing contracts to no fewer than three (3) firms, if possible,
deemed to be the most highly qualified to perform the required services. In determining whether
a firm is qualified, the City shall consider criteria as set forth in the RFP. The contracts shall
automatically be renewed annually unless terminated by the City in writing, for a maximum of
five years from the date of the execution. Contracts may include a clause authorizing annual
price adjustments.
Sealed proposals will be accepted for REQUEST FOR PROPOSALS (RFP) #09-001,
CONTINUING CONTRACTS FOR GEOTECHNICAL TESTING SERVICES, no later than 2:00
P.M., local time, on October 7, 2008. Proposals received after the specified time will not be
accepted or considered, and will be returned unopened, No exceptions will be made. The City
reserves the right to reject any and all proposals and waive informalities.
Each proposal must consist of a technical component and a price component. The complete
proposal must be in a sealed envelope plainly marked on the outside with the appropriate RFP
number and closing date and time. Each proposal shall contain one (1) original and five (5)
copies of the required technical component of the proposal plus one original price list. The
original price list component of the proposal must be in a separate sealed envelope
inside the one containing the overall proposal. There can be no reference to price in the
technical component of the proposal. Proposals will be received at the City of Ocoee, Attn:
Joyce Tolbert, Purchasing Agent, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258,
Proposals will be publicly opened and the name of the proposing firm read aloud in the City Hall
Conference Room on the above-appointed date at 2:01 PM, local time, or as soon thereafter as
possible.
Interested Firms may secure a copy of the documents through Demandstar by accessing the City's
RFP 09-001
3
website at www.cLocoee.fl.us under Finance/Purchasing, or copies are available from the
Purchasing Agent for a non-refundable reproduction and/or administrative fee of $20.00.
Checks should be made payable to the City of Ocoee. Copies via e-mail are not available and
partial sets of RFP documents will not be issued.
To ensure fair consideration for all Respondents, companies interested in providing the required
services may be disqualified if they have contacts with the Mayor, City Commissioners, or any City
staff other than the Purchasing Agent concerning the RFP during the submission or selection
process,
Award of Contract: The City of Ocoee reserves the right to waive technicalities or irregularities,
reject any or all proposals, and/or accept that proposal that is in the best interest of the City,
price, qualifications and other factors taken into consideration, The City reserves the right to
award the Contract to the Respondent, which, in the sole discretion of the City, is the most
responsive and responsible Respondent; price, qualifications and other factors considered.
Pursuant to Section 287,133(2)(a), Florida Statutes, interested individuals or firms who have
been placed on the convicted vendor list following a conviction for public entity crimes may not
submit a Proposal on a contract to provide services for a public entity, may not be awarded a
consultant contract and may not transact business with a public entity for services, the value of
which exceeds CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
No fax or electronic submissions will be accepted.
City Clerk
September 7,2008
RFP 09-001
4
CITY OF OCOEE
REQUEST FOR PROPOSALS (RFP) #09-001
CONTINUING CONTRACTS FOR GEOTECHNICAL TESTING SERVICES
Proposal Instructions:
A. Sealed proposals for RFP #09-001 will be received by the City of Ocoee,
hereinafter called "The City", by any person, firm, corporation or agency
submitting a RFP for the services proposed, hereinafter called "Respondent".
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. Please check
your prices before submitting the proposal, as no changes will be allowed
after the proposal closing date. Proposals must be typewritten or handwritten
using ink. Do not use pencil. No erasures are permitted. Mistakes may be
crossed out and the correction typed adjacent and must be initialed and dated
by the person signing the proposal. 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 writinQ
to the Finance/Purchasing Department, City of Ocoee, FL, Attention: Joyce
Tolbert, Purchasing Agent (407) 905-3100, extension 1516 and fax (407)
656-3501 or email itolbert@cLocoeeJl.us. and shall be received not later than
September 30, 2008 at 5:00 p.m. Any clarifications/changes will be through
written addenda only, issued by the Purchasing Agent. Respondents should
not contact City staff, with the exception of the Purchasing Agent, or other
City consultants for information regarding this RFP before the bid award date.
Any contact with any other member of the City Staff, City Commission, or its
Agents during the bid, award, and protest period may be grounds for
d isq ualification.
C. Proposals must consist of two components. The first component is a
technical presentation describing the qualifications of the firm to provide
geotechnical testing services. This component of the proposal shall be
presented as one (1) original and five (5) copies. The second component is a
proposed price list containing the unit price of each service for which the firm
is offering its services. This component of the proposal shall be presented as
one (1) original price list contained in a separate sealed envelope placed
within the envelope containing the complete proposal. The entire proposal
RFP 09-001
5
package shall be received by the Finance Department not later than 2:00
P.M., local time, on October 7, 2008. Proposals received by the
Finance/Purchasing Department 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
Attention: Purchasing Agent
150 N Lakeshore Drive
Ocoee, FL 34761-2258
D. Pre-Proposal Conference: None Scheduled.
E. Technical 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.
The evaluation committee shall supply a ranked list of the proposing firms and
a recommendation regarding which firms should be selected by the City
Commission for negotiation of a contract for continuing geotechnical testing
services. Please be aware that all City Commission meetings are duly noticed
public meetings and that all documents submitted to the City as a part of a bid
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/scope of
services. All costs to prepare and submit proposals shall be the
responsibility of the Respondent and no reimbursement of any kind shall
be reimbursed by the City.
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 mailed, e-mailed, or faxed by
Demandstar to all parties to whom the RFP package have been issued. It shall
be the responsibility of each Respondent to obtain a copy of all
RFP 09-001
6
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 bid 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 as sufficient for the
disqualification and rejection of a proposal:
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 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 ($25,000.00 and greater) 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
RFP 09-001
7
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.
No proposal may be withdrawn and all proposed prices shall remain firm
for a period of ninety (90) days after the time and date scheduled for the
proposal deadline. A request for withdrawal or modification of a proposal
may be submitted to the Purchasing Agent, in writing, at any time prior to
the deadline for submitting proposals. After expiration of the deadline for
receiving proposals, no proposal may be withdrawn or modified.
The City reserves the right to accept or reject any or all proposals, to waive
informalities 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 his/her proposal by specific limitations. The City may
accept one or more proposals if it is in the City's best interest to do so.
Selection of firms for contract negotiation, if made, will be to the most
responsible and responsive Respondents whose proposal, in the City's
opinion, will be most advantageous to the City, price and other factors
being considered. The City reserves the right, as an aid in determining
which proposal is responsible, to require a respondent to submit such
evidence of respondent's qualifications as the City may deem necessary,
and may consider any evidence available to the City of the financial,
technical, and other qualifications and abilities of a respondent, including
past performance (experience) with the City and others. The City
Commission shall be the final authority in the selection of any and all
proposals.
(remainder of page left blank intentionally)
RFP 09-001
8
I
,
RFP #09-001 GENERAL TERMS & CONDITIONS:
1. BID SECURITY:
None Required.
2. PERFORMANCE AND PAYMENT BONDS:
None Required.
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 bidder uses any
design, device, or materials covered by letters, patent, or copyright, it is mutually
agreed and understood without exception that the bid price shall include all
royalties or cost arising from the use of such design, device, or materials.
4. PRICING:
Pricing should be provided as indicated in the Scope of Work as a set of unit
prices for the particular tests being offered by the Respondent. Please note that
alternate proposals will not be accepted unless specifically called for on the
Scope of Services/Price Proposal Form. Cost of preparation of a response to
this proposal is solely that of the Respondent and the City assumes no
responsibility for such costs incurred by the Respondent.
By submission of a proposal, Respondent certifies, and in the case of a joint
proposal, each party thereto certifies, as to its own organization, that in
connection with this procurement:
a) The prices in the submitted proposal have been arrived at independently,
without consultation, communication, or agreement for the purpose of
RFP 09-001
9
restricting competition, as to any matter relating to such prices with any other
Respondents or with any competitor;
b) Unless otherwise required by law, the prices provided in the 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 (Florida Statutes, Section
542.18 and all applicable federal regulations);
5. PROTESTS:
The City's Finance/Purchasing Department will consider Protests seeking
contract award, damages, and/or any other relief. Any Respondent seeking to
file a Protest SHALL use the following procedures:
a) A Respondent SHALL file a written Protest under this Article or be barred any
relief.
b) A Protest: (a) must be in writing (oral protests will NOT be acknowledged);
(b) the content of the Protest shall fully state the factual and legal grounds for
the protest and the legal basis for the relief requested; and (c) The Protest
shall be filed with the Purchasing Agent not later than three (3) calendar days
after the posting of the notice of intent to award or recommendation of award
by staff.
c) After a Protest has been properly filed with the City, the City, by and through
its Finance/Purchasing Department, shall make a determination on the merits
of the protest not later than five (5) business days after receipt of the protest.
If the City denies the protest, the City may proceed with the award of the
Contract unless enjoined by the order of a Court of competent jurisdiction.
d) A Protest shall be limited to the following grounds: (a) issues arising from the
procurement provisions of the Project Manual and/or the Proposal Package or
Contract Documents; and/or (b) applicable federal, state, or local law.
6. DRUG-FREE WORKPLACE:
If applicable, provide a statement concerning the respondent's status as a Drug-
Free Work Place or evidence of an implemented drug-free workplace program.
RFP 09-001
10
7. CONTRACT:
a) Each successful Respondent, hereinafter referred to as Contractor, will be
required to enter into a contract with the City.
b) The City may, in its sole discretion, award any additional services, whether in
the existing areas, or in any area additional to the existing areas, to any third
party, or such services may be performed by the City's employees.
Contractor will be expected to cooperate with any or all other Contractors who
may be performing services for the City.
8. CERTIFICATION OF NON-SEGREGATED FACILITIES
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 this 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.
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.
9. STATEMENT OF AFFIRMATION AND INTENT:
Respondent declares that the only persons or parties interested in their proposal
are those named herein, that this proposal 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
RFP 09-001
11
pricing data until the completion of negotiations and execution of a contract for
the described services.
Respondent certifies that no City Commissioner, other City Official, or City
employee directly or indirectly owns assets or capital stock of the Responding
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.)
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, Respondent agrees to immediately notify the City in writing.
Respondent further declares that a careful examination of the scope of services,
instructions, and terms and conditions of this RFP has occurred, and that the
proposal is made according to the provisions of the RFP documents, and will
meet or exceed the scope of services, requirements, and standards contained in
the RFP 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 proposal constitutes a firm and binding offer by the
Respondent to perform the services as stated.
10. PUBLIC ENTITY CRIME STATEMENT:
All invitations to bid, as defined by Section 287.012(11), Florida Statutes,
requests for proposals, as defined by Section 287.012(16), Florida Statutes, and
any contract document described by Section 287.058, Florida Statutes, shall
contain a statement informing persons of the provisions of paragraph (2)(a) of
Section 287.133, Florida Statutes, which reads as follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of public building or
public work, may not submit 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 a contract with any public entity, and may not
RFP 09-001
12
transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
All bidders that submit a Bid or Proposal to the City of Ocoee are
guaranteeing that they have read the previous statement and by signing
the submitted documents are qualified to do so under Section 287.133,
(2)(a), Florida Statutes.
11. STANDARD INSURANCE TERMS & CONDITIONS:
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 Contractor allow any Subcontractor to commence work on a
subcontract until all similar insurance required of the subcontractor has been so obtained
and approved. Policies other than Workers' Compensation shall be issued only by
companies authorized by subsisting certificates of authority issued to the companies by
the Department of Insurance of Florida which maintain a Best's Rating of "A" or better
and a Financial Size Category of "VII" or better according to the A.M. Best Company.
Policies for Workers' Compensation may be issued by companies authorized as a group
self-insurer by F.S. 440.57, Florida Statutes,
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money which may represent a deductible in any insurance policy, The
payment of such deductible shall be the sole responsibility of the General Contractor
and/or subcontractor providing such insurance.
b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this
Agreement, Worker's Compensation Insurance with Employer's Liability Limits of
$500,000/$500,000/$500,000 for all the Contractor's employees connected with the
work of this project and, in the event any work is sublet, the Contractor shall require
the subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by
the Contractor. Such insurance shall comply fully with the Florida Workers'
Compensation Law. In case any class of employees engaged in hazardous work
under this contract for the City is not protected under the Workers' Compensation
statute, the Contractor shall provide, and cause each subcontractor to provide
adequate insurance, satisfactory to the City, for the protection of the Contractor's
employees not otherwise protected. Include Waiver of Subrogation in favor of the
City of Ocoee.
c) Contractor's Public Liabilitv and Property DamaQe Insurance: The Contractor shall
obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE,
this policy should name the City of Ocoee as an additional insured, and shall protect
the Contractor and the City from claims for damage for personal injury, including
accidental death, as well as claims for property damages which may arise from
operations under this Agreement whether such operations be by the Contractor or by
anyone directly or indirectly employed by the Contractor, and the amounts of such
RFP 09-001
13
insurance shall be the minimum limits as follows:
1) Automobile Bodily Iniury Liability & Property DamaQe 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
2) 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
3) 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,
4) 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.
5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall
also include contractual liability coverage to insure the fulfillment of the contract.
NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY
INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED.
· $1,000,000 PER OCCURRENCE
· $2,000,000 AGGREGATE
6) Commercial Umbrella:
· $1,000,000 PER OCCURRENCE
· $2,000,000 Aggregate
· Including Employer's Liability and Contractual Liability
7) Certificates of Insurance: Certificate of Insurance Form (see sample attached),
naming the City of Ocoee as an additional insured will be furnished by the
Contractor upon notice of award. These shall be completed by the authorized
Resident Agent and returned to the Office of the Purchasing Agent. This
certificate shall be dated and show:
RFP 09-001
14
8) The name of the Insured contractor, the specific job by name and job number,
the name of the insurer, the number of the policy, its effective date, its
termination date,
9) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days
prior to any material changes in provisions or cancellation of the policy, except
ten (10) days written notice of cancellation for non-payment of premium,
(remainder of page left blank intentionally)
RFP 09-001
15
OP 10 J
FRAZB-l 11 04 04
THIS CEATIF1CATE IS ISSUEO AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOlDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAClE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAClE k~,
INSUMR" 1M ..., ',!!~..!!!!...-_"R
E~=='=
!
A.C.Qf1P..
CERTIFICATE OF LIABILITY INSURANCE
...olXX:t_
lNSUW
_"
Contractor.. Nama
Addre..
_C:
"SUOOR 0'
lHSIJRtA E:
COVERAGES
THEPOI.ICIE$ Of IHSUAANCEltST'E08ElC1HHltVfi IlEEN I$SUtD TO THEtHSURtD HJJ.I&DAlOYE'OR~POlCYPERK)Q lHOlCATlt). NOTWTTl1STMOIJ.;O
ANY AiQlJIRllole"l', TlJlM OR cOHOmON OJ: AHYcOMTRo'rCT OR OniEJ' OOC::UW:NTwrlN RliSPECT fO ~ICH ThIS CEAfJftCATE MAY 8E IssueD OR
lrAAyptAT'-'IH. TliE\HSUftAhCEAF,CRDED IlvTHE 1tOl1C1I!. Df!SCAI8mHERfllil! !U&lECT TO AU. THE TERMS. EXClUSIONS ANO CONOITlONS OF SUCH
f"OUClES. AGGRiOATE u...-rs SHOWN MAY104A~ SEEN FtEOlJC!D'" PAlO CLAlJr.lS.
P'OLlCY Nuuae"
DIo
x X COt,NfItCLA.lOEfrcfRAllJA&ll,.ITY
L-+] ClJoI'" WoOl' (!J OCCU" i
rj ~~'------'--'I
QEN'\ AGGREGATE lIWT ~lE.' PER I
POLey!xl18i n LOC
i ,WTOWOBll.t \.WIiIl.lfY I
~ ANYAlITO i
~._J :=:::~: \
X HIft(DNJTOS
X NQH-OWHEO AUl04
I
>--
I
I OIJlAQI UA8lUTY
1.--0
I H .." AUTO
I txelSWIrlI5IU!L.LA lJ.lMJTY I
I X (!] DC"",, 0 ClAI"'" 1oIAO< I
II ..., CEDOCT'OLE I
....EHTlON I
i WQftK1R' COWIN,J" lION AHO \
'.WLOYI!"" UUlU1"'t
APlY flAOPRIE:TOHIPARTNE1\'OECUTlV!
OFf:lCfA't.tEM8E.ft UCl.U0ED1
~~~~s_ I
OTHeR
I Builders Risk
LIM'U
FXHOCCURAENCE 11,000,000
r='1~.~~~=- , 5Q~~
, Mf.DE;(P(Mygrl.~.~LOOO
nH$ONA\.~..~..._..~...Q..9..g_ 000
.~~_~~~.?"~_~_~.' 000,000
PAOCM..'CTS- COtotl'/OP AQO s:'l , 0 Q 0, 000
r-
COM8l~EO SINGlE liMIT
IUIC;Od:-.,
11,000.000
l')()Ot\."ItrU\JAV"
(1'er_1
lIOOtl..Y NURY
(P..~l
. "ROPEA:TV DAM4CE
! (.....coW1)
;1
AUTOONLV.tAACC1OiNT ~_.
I~ O"flolE" THAN I!.A ACe s
AUTO Ofr<<. v: AGG S
EACt< oc"""ltE/OCE I 1. 000 . 000
i A""..GATE . ~. 000,000
;---.-,
F:--=--: -. ---=\
X ITW:iv!SII~!.~.J iWE~~__._.___
e.l... EACH Ac:.oOiloiT s 500,000 :
u. OlSWE.!.A ~~500;00-O'--
E.1...OlSEASE.POlICYlIMIT s 500,000
lUly 1 Loc
An 1 Oac
1 00, OOJ
1.000,000
Df.SCft~ 01' OPEAAOOHS, "OCATIO~1 VOICUSI DeLUSIONS ADDlD'''' EHOORSEYlHT IUtct14 ~
The insursnce evidencad by this certificste .hall nama the certiticate
bolder. es an additional in.ured on the General Liability ~ Umbrella
Liability. Workers' Compensation. Employers' Liability' aeneral Liability
shall contain a Weiver ot Subrogation in favor of the certificate holder.
The certiticat.. boldar i. added a. a 1BIEd:lraurl fir ~ RiSI:.
CANCEUAnoN
ceOEROl IHQl.A.DMY Of THI ItMNI DUCA'alO PO..CJt:J atCAHCI\.l.IO IIH)RI!Tl41 rPtMATlO"
DAn THI"a:~_ r.-1lII\JU'IO INSU"-!JIt WlL\. (NOtA~ TO MAl\. ~ DAYS WJlfTrtH
NO'nCl TOT'" cltmrlCAn MOlDl" KAMmTO THaun, IVf FAA.UIU" TO DO 10 5tVt.l..L
IMI'OSI NOOlUOAf1ON OR UAelLlTYOI ANT tQND UPON ntl 'HSURDt.nS AGENTt OR
IIl.....UrHTATIVtS.
AUTHOIQZID lItf:PlIIuvn.a.T1V1
CERTIFICATE HOLDER
City of Ocoe.
l50 N, Lake.hore Drive
Occ... FL ]4?El-~258
ACORD 25 (2001108)
$~Pl.c
C> ACORD CORPORATION 118'
RFP 09-001
16
12. SUMMARY OF LITIGATION:
Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or
against the Respondent in the past five (5) years which is related to the services
that the Respondent provides in the regular course of business. The summary
shall state the nature of the litigation, claim, or contact dispute, a brief description
of the case, the outcome or projected outcome, and the monetary amounts
involved. If none, please so state. (Attach additional sheets, if necessary)
13. ACKNOWLEDGMENT OF ADDENDA:
Respondent acknowledges receipt of the following addenda:
No.
No.
No.
Dated
Dated
Dated
(remainder of page left blank intentionally)
RFP 09-001
17
CITY OF OCOEE
REQUEST FOR PROPOSALS (RFP) #09-001
CONTINUING CONTRACTS FOR GEOTECHNICAL TESTING
SERVICES
SCOPE OF WORK
A. Purpose
The City of Ocoee, Florida, in conformance with the policies and procedures of the City
of Ocoee (City), is soliciting statements of qualification and price proposals from
geotechnical testing firms that are interested in providing such services for City projects.
Such projects include utility extensions, roadway reconstruction, building construction,
and similar work being done for the City. A variety of testing and consultative tasks will
be required in various combinations depending on the needs of each project. Each firm
proposing to provide geotechnical testing services to the City shall provide a complete
list of all such services normally available from that firm along with the proposed unit
prices. In addition, the proposal shall state conditions on the pricing schedule, such as
minimum number of tests required for each site visit or the minimum number of
engineering staff hours to be billed. All engineering services to be acquired under this
solicitation are related solely to supervision and analysis of test results and will not
provide direct design services.
Work will be requested through a task work order and subsequently authorized through
a purchase order. The task work order will be used to determine the expected quantity
and nature of the services required for the covered project(s). The purchase order will
authorize a specified maximum value of services to be provided. Project conditions
may alter the number and nature of tests and services provided over the course of the
work, so long as the maximum budget authorized is not exceeded.
The City intends to award continuing contracts to no fewer than three (3) firms, if
possible, deemed to be the most highly qualified to perform the required services. In
determining whether a firm is qualified, the City shall consider criteria as set forth in the
RFP. The contracts shall automatically be renewed annually unless terminated by the
City in writing, for a maximum of five years from the date of the execution. Contracts
may include a clause authorizing annual price adjustments.
B. Scope of Work
The following list is a representative sample of the tasks to be procured, as needed, for
City projects:
Roadway-related Services:
1. Stabilized subgrade in-place density test (3)
2. Stabilized subgrade depth verification test (3)
3. Stabilized subgrade strength verification test (Limerock Bearing Ratio) (4)
RFP 09-001
18
4. Limerock in-place density test (4)
5. Limerock depth verification test (2)
6. Limerock modified proctor test (3)
7. Asphaltic concrete extraction & gradation test, per day (2)
8. Mobilization of equipment (4)
9. Asphalt core testing for depth & density w/patching of core hole, per core (3)
10. Laboratory test of asphalt cores for density (3)
Utility-related Services:
1. Pipe in-place density tests (typically 1 test per 300 ft. of pipe for every 1 ft. of
backfill) (4)
2. Structure in-place density test (typically 1 test per structure per 1 ft. of backfill) (4)
3. Modified proctor test (4)
Building-related Services:
1. Footing foundation soil density test (2)
2. Concrete slump test (3)
3. Soil bearing test (3)
Miscellaneous Services:
1. Engineering technician, price per hour (4)
2. Engineer review, price per hour (4)
3. Engineering review and administrative overhead, price determined as a percent
of the total task (4)
4. Other service not explicitly listed above but customarily provided by the firm as
part of its geotechnical testing services (2)
Note that a firm may propose to use either an hourly rate under Item 2 or a
percentage of total effort under Item 3. Price comparisons will be separately
calculated for each method.
The list given above is representative but not complete. Interested firms must be
experienced in providing engineering services for projects of a scope and nature
comparable to those described. Use of qualified sub-consultants for specialty work is
acceptable. To be considered, the firm shall be a licensed to do business of this type in
accordance with Florida State law and be familiar with all applicable State of Florida, St.
Johns River Water Management District, Orange County and City of Ocoee codes,
regulations and laws. Please include a copy of all applicable licenses held by firms or
subconsultants proposed to perform work.
C. Submittals
The City of Ocoee requires comprehensive responses to every section within this RFP.
To facilitate the review of the responses, Firms 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 Firms with regard to content, but to assure
RFP 09-001
19
that the specific requirements set forth in this RFP are addressed in a uniform manner
amenable to review and evaluation.
Submissions shall be limited to a total of thirty-five (35) 8.5"x 11" pages (excluding
front and back covers, dividers, and all forms included in this RFP), single-sided, portrait
orientation, 12-point font, and contained in a (3) ring binder. The person signing the
RFP 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 use the following format in responding to the RFP:
I. Firm's Qualifications (technical proposal)
. List of all firm's supervisory employees, their qualifications, and their role for the
City services. Engineering technicians and other field staff need not be included.
. Firm's and employee's certifications and registrations with regulatory agencies,
professional organizations, etc.
. List firm's sub-consultants, their qualifications, and their role in providing these
services.
. List of firm's other current or recently completed similar services within the past
two (2) years with other public or private agencies.
. List and quantity of firm's (and firm's sub-consultants' if applicable) equipment.
. List of at least three (3) client references to include organization name, contact
person, telephone number (s), and e-mail address.
II. Firm's Office Location (technical proposal)
. List the location of all offices (firm and sub-consultants) involved with this project
and approximate distance (in miles) and time (in hours) to City Hall.
III. Firm's Price Proposal (in separate envelope)
. List each service and its unit price.
. Multiply any travel distance from the firm's nearest place of business that will
supply the listed services and the mileage charge.
. Indicate any minimum quantities or hours to be charged per trip (may be specific
to particular services).
D. Selection Criteria
The criteria for making an award recommendation are:
. Qualifications and experience of the Firm 30%
RFP 09-001
20
. Methodology including technical approach and understanding of the scope of the
testing services offered 25%
· References 15%
· Compensation Fee Proposal 20%
A City evaluation committee will review and appraise each Respondent's technical
qualifications and will short-list and recommend to the City Commission no fewer than
three (3) firms (or more, as may be determined by the committee) to provide the
requested services.
Once the technical evaluation phase is completed, price proposals will be opened and
added to the technical ratings to derive a total rating. The price portion of the evaluation
process will be based on the relative unit price of each firm for the services offered. The
maximum price points awarded for each service are listed in parentheses after each
service in Section B, Scope of Work, above. The firm offering the lowest unit price for a
given service will be given 100% of the value for that service and the firm proposing the
highest price will receive 0% of the value for that service. Firms offering to perform the
service at an intermediate price will receive a proportion of point value relative to their
difference from the lowest proposed price. For example, if the lowest proposed unit
price is $20 and the highest proposed unit price is $30, then a firm offering to provide
the service for $22 will receive 80% of the points awarded to the lowest price firm, while
a firm proposing to provide the service for a unit price of $25 will receive 50% of the
awarded points. Price points will be awarded to a single decimal place; e.g., 2.4 points.
The evaluation committee will then establish a cut-off total rating, with firms scoring at or
above that threshold being recommended to the City Commission for selection and
contract negotiation. The intent of this step is to identify any clear distinction between or
clustering of the firms in terms of technical qualifications and price. The City
Commission will select at least three (3) firms for contract negotiations, if possible,
based on the information provided by the Respondents, the recommendations of the
evaluation committee, and its own deliberations. The City Commission may modify any
aspect of the recommendations made by the selection committee. The City
Commission's decision shall be final.
The criteria for selection shall be based on the selection criteria above, including the
firm's qualifications, service location, past performance, fees, and reference check. The
City reserves the right, before awarding the contract, to require a Respondent to submit
such additional evidence of its qualifications, as it may deem necessary. The City shall
be the sole judge of the competency of Respondents.
All successful Respondents shall be required to execute an agreement that provides,
among other things, for all plans, drawings, reports, and specifications resulting from
Respondent's services to the City to become the property of the City. Upon the
successful negotiation of an agreement, a formal contract will be prepared and
submitted to the City Commission for approval and executed by both parties once
approved by the City Commission.
RFP 09-001
21
E. Task Assianment Procedures
When the City determines that it needs to have services performed under these
agreements, the applicable City Department will prepare and e-mail or fax a brief
description of the required task and project schedule to one or more of the three
selected firms. Each request from the City Department shall include a specific project
number and a financial account information number for funding. It shall be each
Department's responsibility to verify funding source, amounts, and balances.
Within three (3) business days of receipt, the firm shall e-mail or fax (followed by mailing
of the original) a lump sum proposal for requested work to the requesting City
Department. It is the firm's responsibility to propose the specific combination of tests
and related services required for the particular project using the related City contract's
unit pricing. Each City Department will individually select the successful proposal and
issue a purchase order to the selected firm for the work. The selection criteria will not
necessarily be dependent on the lowest proposal amount if more than one firm is
contacted to propose services for a specific project. Other factors such as meeting
project schedule, firm's capability in the type of service requested, and past
performance may also be considered. The City shall reserve the right in its sole
discretion to award a task to a firm that submits other than the lowest proposed amount
for performing the task. No work shall commence until verification of purchase order
issuance.
Invoicing for completed work or progress billing shall be submitted to the requesting City
Department for processing and submission for payment by the Finance Department with
a copy to:
Finance Department
Accounts Payable
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
(remainder of page left blank intentionally)
RFP 09-001
22
RFP #09-001 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE RFP INSTRUCTIONS WILL RESULT IN
DISQUALIFICA TION OF YOUR PROPOSAL. PLEASE SIGN BELOW A TTESTING THAT YOU
HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS AND THAT THE PRICES
REFLECTED ON THE "SCOPE OF WORKlCOMPENSA TION FEE PROPOSAL FORM" ARE
ACCURATE AND WITHOUT COLLUSION.
COMPANY NAME
TELEPHONE (INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
AUTHORIZED SIGNATURE (manual)
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
NAME/TITLE (PLEASE PRINT)
STREET ADDRESS
CITY
STATE
ZIP
FEDERAL ID #
_Individual; _Corporation; _ Partnership; _ Other (Specify)
Sworn to and subscribed before me this
day of
,20_
Personally Known
or
Produced Identification
Notary Public - State of
County of
(Type of Identification)
Signature of Notary Public
Printed, typed or stamped
Commissioned name of Notary Public
RFP 09-001
23