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HomeMy WebLinkAboutItem #05a Approval of Award of Bid #B10-05 - Tennis Court Reconstruction Meeting Date: May 18, 2010 Item # 5 tA.J. Contact Name: Contact Number: Joyce Tolbert 1516 Reviewed By: Department Director: City Manager: Subject: Award of Bid #B10-05 Tennis Court Reconstruction Commissioner Hood-District 1, Commissioner Johnson-District 3, Commissioner Keller-District 4 Background Summary: The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) solicited bids from qualified contractors to reconstruct a total of six tennis courts and one basketball court located in three parks and to make related improvements. The intent of the project is to provide improved recreational facilities for the City and its residents. Work will occur at Tiger Minor Park, Vignetti Park, and ParksidelCoventry Park. Issue: Award the bid for the Tennis Court Reconstruction Project to Trimble and Son Construction Group, Inc. Recommendations 1 )Staff recommends that the City Commission award the bid to Trimble and Son Construction Group Inc., in the amount of $179,692.12, including the add alternate, and authorize the Mayor, City Clerk, and Staff to execute the required contract documents once the required insurance is received. 2) Staff recommends transferring $57,944.62 from the Revitalizing Central Park project account #317-572-10-6204 to supplement the $121,747.50 that is currently available in the Tennis Court Improvement project in order to complete the work. 3)Staff recommends that 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. Bid Tabulation 2. Trimble & Son Bid 3. Addendum # I 4. ITB #BI0-05 Financial Impact: Staff recommends transferring $57,944.62 from the Revitalizing Central Park project account #317-572-10-6204 to supplement the $121,747.50 that is currently available in the Tennis Court Improvement project in order to complete the work. Type of Item: (please mark with an "x'J Public Hearing For Clerk's DeDt Use: _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction Consent Agenda Public Hearing Regular Agenda 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 ( ) @ N/A N/A N/A 2 City Manager Robert Frank Commissioners Garv Hood. District 1 Rosemarv Wilsen. District 2 Rustv Johnson. District 3 Joel Keller. District 4 Mavor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Joyce Tolbert, Purchasing Agent DATE: May 12,2010 RE: Award of Bid #B 1 0-05 Tennis Court Reconstruction Project ISSUE A ward the bid for the Tennis Court Reconstruction Project to Trimble and Son Construction Group, Inc. BACKGROUND/DISCUSSION The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) solicited bids from qualified contractors to reconstruct a total of six tennis courts and one basketball court located in three parks and to make related improvements. The intent of the project is to provide improved recreational facilities for the City and its residents. Work will occur at Tiger Minor Park, Vignetti Park, and ParksidelCoventry Park. The most extensive work is at Tiger Minor Park, where an existing two-court tennis facility will be removed and a three-court facility constructed in its place. This work will also involve removing a basketball court and lighting associated with the tennis and basketball facilities, reconstructing concrete sidewalks in new locations, constructing a small wooden bridge, re-grading the site, installing curb and gutter, and making related changes. At Vignetti Park, the work involves reconstructing two tennis courts at their current location, but at a higher elevation in order to aid stormwater runoff. City staff has already removed the existing fence at this site. The contractor will be required to remove the pavement, stabilize the subgrade, install a limerock base, and reconstruct the asphalt hard surface prior to furnishing the tennis courts. The work required at Parkside/Coventry Park involves resurfacing two tennis courts by sanding the existing surface and applying new painting and markings. It also involves removal of an existing concrete basketball court and short sidewalk that leads to it, restoring the site with sod, and constructing a half-court basketball court at a new location in the park. As an add-alternate, replacement of a 40-foot section of existing tennis court fencing at Parkside/Coventry Park will be included in the work at this site. The bid was publicly advertised on March 3, 2010 and opened on April 6, 2010. There were a total of nine (9) bids received, with three (3) being non-responsive or non-responsible for no bid bond or incomplete bid, or inconsistencies in their bid as stated on the bid tabulation. The lowest three (3) bids, including the add alternate, are: 1. 2. 3. Bidder Trimble and Son Construction Group Inc. Southern Building Services Inc. APEC, Inc. Total Bid Amount $179,692.12 $231,959.31 $289,691.00 The bids are listed on the attached bid tabulation. All bids are available in the Finance Department for review. 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V IU f~I.beN'I NAMErrITLE (PLEASE PRINT) 5109 LAKc6u ~~ ~=RES(~i.. s2~/~ CITY ST i TE ZIP FEDERAL ill # t2?r -0 260 Lf-b 0 _Individual ~ration _Partnership _Other (Specify) ~ - lfo'T ~'8 rz.<tS~ TELEPHONE (INCLUDE AREA CODE) \{..O -:t 2/ 0 ~ 3' '-L FAX (INCLUDE AREA CODE) Trt Mbte6..ruJ~~o.{"co' 60"'" E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDJCATE BELOW: Sworn to and ",bsaibod borore mo till. c:. day or~ Personally Known -- or Produced Identification E:D.L (fy?:rJ2i~n) NOTARY PUBLIC-STATE OF FLORIDA /"""""< .Janet R. Palumbo ~ .W ~Co:J:lr,jssiDn t1DD795490 "'~'~ gxpires: JUNE 27, 2012 . BONDED TURD ATLANTlfJlDNDING CO., INC. .2010 BIO-05 TENNIS COURT RECONSTRUCTION 30 T~tO'e-r ?~t..lA-~ 0 Printed, typed or stamped Commissioned name of Notary Public 20. LIST OF SUBCONTRACTORS: ~80C;-- bU1 pL '> 'Z. e~ wb OJ\~ fl '32'1: / I pL '3 't- '2..'f 3> (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractorltemporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval ~ any wo..k shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. Ifleased please provide name oflessor. "'S1#oJ D~.eL 3/0 BAC..~~ I?CJi~ Trf?e ~~ ~= ~4~ ~~~:~1\~~ ~ Ji!f:r- ~~ CS:l\se b. ~ ~ Le1">~ ~~~ 22. REFERENCESIEXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESSI TELPHONE NUMBER/EMAIL ADDRESSINAME OF CONTACT ~ec ATII'ICHMeiF,..J7- .A B 10-05 TENNIS COURT RECONSTRUCTION 17 Have you any similar work in progress at this time? Yes ~ _' Length of time in business 10 MON'TlfS. Bank or other fmancial references: 400 '51 L 3'2eo@> (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder 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. tJ/A- 24. ACKNOWLEDGRMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: ( No..i. Dated '3 ~ 31 -'20 I () No. Dated No. Dated No. Dated No. Dated (remainder of page left blank intentionally) BI0-0~ TENNIS COURT RECONSTRUCTION 18 ATTACHMENT A REFERENCES AND EXPERIENCE Trimble and Son Construction Group was formed in May Z009. The experience listed below Is the experience of Steve Trimble (President) and Ramtin Azar(Vlce President) who have performed similar projects as Project Managers and Superintendents for the below mentioned projects: AGENCY; City of Ocoee PROJECT NAME: Lakeshore Drive Roadway and Drainage Improvements PRO~ECT DESCRIPTION: Install RCP Drainage System, Concrete Flatwork, Limerock Road Base, Asphalt Paving, Brick pavers AMOUNT: $588,000.000 CONTACT PERSON: AI Butler 4073763258 AGENCY: Seminole County PROJECT NAME: Country Club Road PROJECT DESCRIPTION: Road Widening/Realignment, RCP Drainage System, Concrete Flatwork, Concrete Barrier Wall, Milling and Resurfacing, Limerock Road Base, Asphalt Friction Course, Signalization, AMOUNT: $987,000 CONTACT PERSON: William Glennon / Joe Weston 407 665 5625 AGENCY: City of Apopka PROJECT NAME: Schopke Lester Roadway and Drainage Improvements PROJECT DESCRIPTION: Roadway Reconstruction, HOPE Drainage System, Concrete Flatwork, Limerock Base, Asphalt Paving, Striping AMOUNT: $2,500,000.00 CONTACT PERSON: Ken Gatton 407 925 9938 AGENCY: Seminole County PROJECT NAME: Lake Mills Road PROJECT DESCRIPTION: Box Culvert AMOUNT: $238,000.00 CONTACT PERSON: AI Collock 321377 2401 AGENCY: Florida Department OfTransportation PROJECT NAME: Keller Road Widening PROJECT DESCRIPTION: Road widening, Concrete Flatwork, Limerock Bas, Asphalt Paving, Milling and Resurfacing, Signalization, Striping AMOUNT: $176,000 CONTACT PERSON: Paul Wabi 407 482 7822 AGENCY: Florida Department Of Transportation PROJECT NAME: Sand Lake Road PROJECT DESCRIPTION: Soil Stabilization, Pressure Grouting, Asphalt Paving AMOUNT: $149,000.00 CONTACT PERSON: Paul Wabi 407 4827822 Citv Manager Robert Frank Commissioners Gary Hood, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel Keller, District 4 Mavor S. Scott Vandergrift CITY OF OCOEE INVITATION TO BID #BIO-05 TENNIS COURT RECONSTRUCTION City ofOcoee. 150 N Lakeshore Drive. Ocoee, Florida 34761 phone: (407) 905-3 100 . fax: (407) 905-3194. www.ocoee.org TA~~E QFC;QNTENT~1 . . 'FOR BID #BIO-05 TENNlSCOUR'fRECONSTRUCTION 6:'1" . .' - ~j-" ^,' ---", - - -'. --,' .'- HI BID DOCUMENTS 3 4 thru 6 7 thru 16 *17thru18 Legal Advertisement Invitation to Bid #B 1 0-05 General Terms & Conditions S ubcontractors/Equi pment Listing/Referencesl Summary of Litigation! Acknowledgement of Addenda SCOPE OF WORKlBID FORM 19 thru 26 *27 thru 29 *30 Scope of Work Bid Form Company Information and Signature Sheet *Submit with bid. END OF TABLE OF CONTENTS B10-05 TENNIS COURT RECONSTRUCTION 2 LEGAL ADVERTISEMENT Ocoee City Commission Sealed bids will be accepted for Bid #B10-05, TENNIS COURT RECONSTRUCTION, no later than 2:00 P.M., local time, on April 6, 2010. Bids received after that time will not be accepted or considered. No exceptions will be made. The City reserves the right to reject any and all bids and waive informalities. The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting bids from qualified contractors to reconstruct a total of six tennis courts and one basketball court located in three parks and to make related improvements. Work will occur at Tiger Minor Park, Vignetti Park, and ParksidelCoventry Park. The intent of the project is to provide improved recreational facilities for City and its residents. No Pre-Bid Conference has been scheduled at this time. Bid Security: A certified check (no personal or company checks) or bid bond shall accompany each bid, no cash accepted. The certified check or bid bond shall be for five percent (5%) of the bid price and shall be made payable to the City of Ocoee as a guarantee that the Bidder will not withdraw for a period of (90) days after bid closing time and will sign a Contract with the City for the Bid Price. Each Bidder shall submit one (1) original and two (2) copies of the required bid documents, in a sealed envelope plainly marked on the outside with the appropriate bid number and opening date and time. Bids will be received at the City of Ocoee, Attn: Crystal Conley, Purchasing Technician, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258. Bids will be publicly opened and read aloud in the City Hall Conference Room on the above-appointed date at 2:0 I PM, local time, or as soon thereafter as possible. Prospective Bidders may secure a copy of the documents required for submitting a bid through OnvialDemandstar by accessing the City's website at www.ocoee.org under Finance/Purchasing. Partial sets of the documents required for submitting a bid will not be issued. By using OnvialDemandstar, prospective Bidders will be provided with all addendums and changes to the applicable bid; fees may apply for non-members. Membership with OnvialDemandstar is not required to submit a bid. Persons other than prospective Bidders may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. These persons will be required to pay a copying fee as prescribed by statute. Checks should be made payable to the City of Ocoee. A ward of Contract: The City of Ocoee reserves the right to waive technicalities or irregularities, reject any or all bids, and/or accept that bid 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 Bidder, which, in the sole discretion of the City, is the most responsive and responsible Bidder, price, qualifications and other factors considered. The City may accept any item or group of items of any bid, unless the Bidder qualifies his/her bid by specific limitations. No fax or electronic submissions will be accepted. City Clerk March 3, 2010 BI0-05 TENNIS COURT RECONSTRUCTION 3 CITY OF OCOEE INVITATION TO BID #BI0-05 TENNIS COURT RECONSTRUCTION INTENT: Sealed bids for Bid #B 1 0-05 will be received by the City of Ocoee, hereinafter called "City" or "Owner," by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called "Bidder". The proposed Contract will be for the labor, supervIsIOn, materials, equipment, supplies and incidentals for the TENNIS COURT RECONSTRUCTION in the City of Ocoee as listed under the "Scope of Work/Bid Form" section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each Bidder shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid, as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil. No erasures are permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by the person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and should be properly witnessed and attested. All bids should also include the name and business address of any person, firm, or corporation interested in the bid, either as a principal, member of a firm, or general partner. If the Bidder is a corporation, the bid should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. Any questions or concerns regarding this bid should be addressed in writing to the Finance Department, City of Ocoee, FL, Attention: Crystal Conley, Purchasing Technician, (407) 905- 3100, extension 1523, fax (407)905-3194, or email cconley@ci.ocoee.tlus, and must be received not later than 12:00 PM March 30, 2010. Any clarificationslchanges will be made by way of written addenda only, issued by the Finance Department. Bidders should not contact other City staff or other City consultants for information before the bid award date. Any contact with any other member of the City Staff, City Commission, or its agents during this time period may be grounds for disqualification. C. This bid must be received as one (1) original and two (2) copies of the required submittals only by the Finance Department not later than 2:00 P.M., local time, on April 6, 2010. Bids received by the Finance Department after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e-mail will not be accepted. Bids shall be delivered in a sealed envelope, clearly marked with the bid number, title, and opening date and time to: City of Ocoee Finance Department Attention: Crystal Conley, Purchasing Technician 150 N Lakeshore Drive Ocoee, FL 34761-2258 D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:05 P.M., or as soon thereafter as possible, on the above-appointed date. Bidders or their authorized agents are invited to be present. The BI0-05 TENNIS COURT RECONSTRUCTION 4 actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. E. All Bidders shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Cashier's or Certified check or Bid Bond; b) List of References/Experience; c) List of SubcontractorslTemporary Worker Agencies; d) Equipment Listing; e) Summary of Litigation; f) Bid Form g) Any other information specifically called for in these Bid Documents. F. Submission of a bid shall constitute an acknowledgment that the Bidder has complied with Paragraph E. The failure or neglect of a Bidder to receive or examine a bid document shall in no way relieve it from any obligations under its bid or the contract. No claim for additional compensation that is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work will be allowed. All items quoted shall be in compliance with the bid documentslscope of work. G. No Pre-Bid Conference has been scheduled for this project. H. Any response by the City to a request by a prospective Bidder for clarification or correction will be made in the form of a written addendum communicated through Onvia/Demandstar issued not later than twenty-four (24) hours before bid opening. It shall be the responsibility of each prospective Bidder to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning date and time of bid opening, at any time up to the date and time set for bid opening. In this case, bids that have been received by the City prior to such an addendum being issued will be returned to the Bidder unopened. In case any Bidder fails to acknowledge receipt of any such Addendum in the space provided in the bid documents, its bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Bidders are cautioned that any other source by which a Bidder receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. I. Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of its bid: a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among Bidders; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; B 1 0-05 TENNIS COURT RECONSTRUCTION 5 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 Bidder's ability to properly perform the work; or e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Bidder or the rejection of its bid. 1. 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 bid on an award to provide any goods or services to a public entity, may not submit a bid on an award with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a 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 s. 287.133(2)(a), Florida Statutes.] K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by Chapter 119, Florida Statutes, and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their bids that they consider confidential andlor proprietary and that they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City 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 bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid openiD!!. A request for withdrawal or a modification of a bid may be submitted to the Purchasing Agent, in writing, at any time prior to the deadline for submitting bids. After expiration of the deadline for receiving bids, no bid may be withdrawn or modified. The City reserves the right to accept or reject any or all bids, to waive informalities or irregularities, to request clarification of information submitted in any bid, or to readvertise for new bids. The City may accept any item or group of items of any bid, unless the Bidder qualifies hislher bid by specific limitations. Award, if made, will be to the most responsible and responsive Bidder whose bid, in the City's opinion, will be most advantageous to the City, price and other factors considered. The City reserves the right, to aid it in determining which bid is responsible, to require a Bidder to submit such evidence of Bidder'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 Bidder, including past performance (experience) with the City and others. The City Commission shall be the final authority in the award of any and all bids. B 1 0-05 TENNIS COURT RECONSTRUCTION 6 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by a Cashier'slCertified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5%) of the amount of the bid. A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City, then such respondent shall be liable to the City in the full amount of the check or bid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety 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 bond and required insurance coverage is to be included in the respondent's overhead and is not eligible for reimbursement as a separate cost by the City. e) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work or until the 91 st day after bid opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE AND PAYMENT BONDS None are required for this project unless over $200,000.00. 3. DEFAULT: As a result of bids received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications andlor 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 andlor 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 BlO-05 TENNIS COURT RECONSTRUCTION 7 contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 4. PATENT INDEMNITY: Except as otherwise provided, the successful Bidder agrees to indemnifY the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder. 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached, to include any alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the Scope of Work/Bid Sheet. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the bidder and the City assumes no responsibility for such costs incurred by the bidder. The Bid form may not be completed in pencil. All entries on the Bid form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Bidder to clarify an illegible entry on the Bid form. If the Bid form requires that the Bid price, or constituent portions of the Bid 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 Bid form should be provided by the Bidder and be correctly computed. If there is an arithmetical conflict, between the unit price stated by the Bidder on the Bid form and the total price stated by the Bidder on the Bid form, the unit price stated by the Bidder on the Bid form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Bid form to calculate the total price, utilizing the unit prices that have been identified by the Bidder. The taking of such action by the City shall not constitute grounds for the Bidder to withdraw its bid nor shall it provide a defense constituting discharge of the bid 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 Bid form. However, the City reserves the right to reject as non-responsive Bid forms that are incomplete or contain information that is not required. a) The Bidder represents that the article(s) to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Bidder or with any competitor; c) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; B10-05 TENNIS COURT RECONSTRUCTION 8 d) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); e) Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida Purchasing Division; and f) Bidder agrees that supplies/services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Bidder 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 bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible Bidder according to the following criteria: . Compliance with scope of work, specifications, terms, and conditions · Bid price · Warranty offered · Experience with similar work · Successful reference check 9 . LITERATURE: If required by the scope of work, or the specifications, descriptive literaturelbrochures shall be included with this bid in order to properly evaluate make/model offered. Bids submitted without same may be considered non-responsive and disqualified. B 1 0-05 TENNIS COURT RECONSTRUCTION 9 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: 1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding 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). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. 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. 4. The bid 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, whichever is earlier. 5. The Purchasing Agent, on behalf of the Owner, 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. II. PAYMENT TERMS: Payment will be based upon monthly draws equal to the percentage of work complete less 10% retainage until the job is 50% complete, then less 5% retainage to be paid when job is complete, unless otherwise stated in the contract. Payment for work completed will be made within (30) days of approved invoice. No payment will be made for materials ordered without proper purchase order 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. 85-8013 779974C-0; and . Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and local sales taxes. BlO-05 TENNIS COURT RECONSTRUCTION 10 12. CONTRACT: a) The successful Bidder, hereinafter referred to as "Contractor," will be required to enter into a contract with the City. The contract shall be a written agreement similar to the ASCE standard construction contract or City-issued purchase order. Construction time will be one hundred twenty (120) days from the Notice to Proceed. b) The City may in its sole discretion award any additional work, whether in the existing area, or in any additional area, to any third party, or such work may be performed by the City's employees. Contractor will be expected to cooperate with any or all other Contractors who may be performing work for the City. 13. SAFETY REQUIREMENTS: The Bidder 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) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or. flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. I) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. BlO-05 TENNIS COURT RECONSTRUCTION 11 0) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc. 14. DRUG-FREE WORKPLACE: If applicable, provide a statement concerning the Bidder's status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that the Bidder does not and will not maintain or provide for the Bidder's employees any segregated facilities at any of the Bidder's establishments and that the Bidder does not permit the Bidder's employees to perform their services at any location, under the Bidder's control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Bidder agrees that (except where the Bidder has obtained identical certification from proposed contractors for specific time periods) the Bidder will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the Bidder will retain such certifications in the Bidder's files. The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. STATEMENT OF AFFIRMATION AND INTENT: The Bidder declares that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The Bidder 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.) BI0-05 TENNIS COURT RECONSTRUCTION 12 The Bidder 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 Bidder agrees to immediately notify the City in writing. The Bidder 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. Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Bidder offers and agrees that if this negotiation is accepted, the Bidder 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 Bidder. The bid constitutes a firm and binding offer by the Bidder to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." All Bidders who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133, (2)(a), Florida Statutes. 18. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. B 1 0-05 TENNIS COURT RECONSTRUCTION 13 b) The City requires a City of Ocoee 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. 19. INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. 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 ofOcoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: I) Automobile Bodily Iniury 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 ofOcoee 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 B10-05 TENNIS COURT RECONSTRUCTION 14 · $1,000,000 PER OCCURRENCE · $1,000,000 PERSONAL & ADVERTISING INJURY · Include Waiver of Subrogation in favor of the City ofOcoee 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 ofOcoee 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) Builders Risk: · $100,000 Any (1) Location · $1,000,000 Any (1) Occurrence 8) 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: 9) 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. 10) 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) BlO-05 TENNIS COURT RECONSTRUCTION 15 f /jCORl)_ CERTIFICATE OF LIABILITY INSURANCE OP 10 J9 DAn: lMINODtfYYY) FRAZE-l 11/04/04 I PROOUCIJI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGI!AFFORDED BY THE POLICIES BELOW. I INSURERS AFFORDING COVERAGE NAle. INSU~ED - JNSURel It.; .... ...t ..d_, .Jr.. 1M' leU.,. INSURER .. Contractor's Name -~ Addre.. INSURER I> INSURER E: THE POlICIES OF IN5UR.ANCE USTm IIELOW HA.VE BEEH ISSUED TO THE lNSURiO NAMEC/oSCNE,OR THE POLr:v PERtOD INOJCATED. NOl"MTHSTAHOlNG AX"( REQUIREMENT, TERM OR CONOCllONOF AH'f COfIT'RACT OR OTHER DOCUMENT Wf'fH MSPECTTO WHlCHTHIS CERTIFICATE MAY 8!.ISSUEO OFt MAY ~T"'IH. ~E IHSUAANCE AFFORDED BY THE POlICiES DESCR16W HEREIN IS 5ueJECT TO.-u. me TEJWS. EXCLUSIONS AHe CONDITIONS OF StJCti POlICIES. .MlGREOATE llMeTS SHOWN IrM.YHAVE BEEN IltEDUCED IY"IJO Cl.AJU3.- rm-. ;ow<rtr TYPe OfllNSUJlANCIE roucv NUMBER DA MID ....n LIMITS NSRD ~'RAl. UA8lUTY EACH OCCURRENCE .1,000,000 X ~ p~CIAl GENEAAL UAll<.ITY PREMISES f:.a ~.~) .50,000 '- Ct,.A.IUS MADE ~ OCCUR MEC EXP (Any era P4I"lO") . 5, 000 '- -- PERSONAl.,l JD/INJURY '1,000,000 -- QENERAL AGGREGA rE '2,000.000 ~~ AGGR~E.Ll"'rT An! PER: PRODUCTS .COlr.lPJQP.A.GG . S ~. 000,000 POLICY X ~ LOC ~OMOBJLI LWlJIUTY CQM81NEO SINGLE ll"'fT '1,000,000 .!.. ANY AlITO (Eltcdd.nl] - AU. OWNED AUTOS eoon. Y INJURY . SCHEDUlED AUTOS (P"~) - .!. HIRED AUTOS IOOIL Y INJURY . .!.. NOKoOWNEDAUT03 (P.,.eck1....) - PROPERTY [WAAGE ;$ (~~l RAAAO! UAmUTY MlTO ONL V. EA ACClOENT . ANY AUTO OTHER THNl EAACC 'S AUTO ON\. Y: AGG . Ix t5UW"'R!LLA UA8lU1'Y E"t.CH OCCURRENCE .1,000,000 X OCCUR 0 Ct.A1MS....oe AGGREGAT! '2,000,000 I b OEDUCTIBlE .. ...--- i . : I ReTENTlOH . . WOItKfRS COMPfNSAT10M ANO X IT~.\'v~T':':r. I IU.~- DlP\.OVIRS' LtA8ftJTY E..L EACH ACClOENT .500,000 : AH'1 PROPRIETORIPAATNERfEXECUl'lVE OF~ICERiMEM8ER E.XCUJOE01 E.l.,DtSWE,E.AEMP\.OVEE S 500,000 ~~SbeiOw E.LIllSEASE.POlICVUAUT.. 500,000 OTHllll Builder. Risk Any 1 Loc 100, !XX) Anv 1 Occ 1,000,000 DESCR1Pl1OH Of o..eRATION.' I LOCATlONS I VEHlCI.U' IXC'-utIONS ADOED IY f.HDORSfN!HT , SPECIAL I'ROV\SIONS Ths insurance evidenced by thi. certificats shall nama tha certificats holder. as an additional insured on ths G.neral Liability ~ ~rella Liability. Worker.' compen..tion, Employere' Liability ~ General Liability eball contain a Waiver of Subrogation in favor of the certifioate holdsr. The certificate bolder is added a. a IlJlB:I im.nD fir ~ RiSe. COVERAGES OCOIBOl CANCEUATlON IHOtA.D NfY Of THI.tBOVa DUCItUt!D I'OLIQES BI! CANCILLED U~ TH! EJU"tAATK>>- PATE THUlIO'. TH! IaSUlNQ INSW.tR WSLL ENDEAVOR TO IlWL !B-.. DAYS WRSTivt NOTlCl! TO THe C!JU'IF1CATe HOLDER HA..MID TQTHC un. But FAllUM. TO 00 so ~L IWOSI NO QIJUQATlON OR LSAIIIUTY 0' NN fOND WON TH! INSURER. rrs NJEHYS OR JWtRESIHTATIVU. AlJTHOIUUD RU~lNT"TNI CERTIFICATE HOLDER City of Ocoe.. 150 N. Lak...hors Drive Oooae FL 34761-2258 ACORD 25 (2001108) $~PLc C> ACORD CORPORATION 19B1 BlO-05 TENNIS COURT RECONSTRUCTION 16 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor/temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT BI0-05 TENNIS COURT RECONSTRUCTION 17 Have you any similar work in progress at this time? Yes_ No_. Length of time in business Bank or other financial references: (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder 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. 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: Dated Dated Dated Dated Dated No. No. No. No. No. (remainder of page left blank intentionally) BI0-05 TENNIS COURT RECONSTRUCTION 18 CITY OF OCOEE #BIO-OS SCOPE OF WORK/BID FORM TENNIS COURT RECONSTRUCTION Scope of Work The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting bids from qualified contractors to reconstruct a total of six tennis courts and one basketball court located in three parks and to make related improvements. The intent of the project is to provide improved recreational facilities for City and its residents. Work will occur at Tiger Minor Park, Vignetti Park, and Parkside/Coventry Park. The most extensive work is at Tiger Minor Park, where an existing two-court tennis facility will be removed and a three-court facility constructed in its place. This work will also involve removing a basketball court and lighting associated with the tennis and basketball facilities, reconstructing concrete sidewalks in new locations, constructing a small wooden bridge, re-grading the site, installing curb and gutter, and making related changes. At Vignetti Park, the work involves reconstructing two tennis courts at their current location, but at a higher elevation in order to aid stormwater runoff. City staff has already removed the existing fence at this site. The contractor will be required to remove the pavement, stabilize the subgrade, install a limerock base, and reconstruct the asphalt hard surface prior to furnishing the tennis courts. The work required at Parks ide/Coventry Park involves resurfacing two tennis courts by sanding the existing surface and applying new painting and markings. It also involves removal of an existing concrete basketball court and short sidewalk that leads to it, restoring the site with sod, and constructing a half-court basketball court at a new location in the park. As an add-alternate, replacement of a 40-foot section of existing tennis court fencing at Parkside/Coventry Park may be included in the work at this site. The base bid includes temporary removal, storage, and reuse of this fence section, which is necessitated by the asphalt removal and repair included in Bid Item 30. All work is to be done in accordance with the plans prepared by the City of Ocoee and labeled, "Tennis Court Reconstruction," and the specifications included in those plans and in the Measure and Payment section, below. The total bid price must include all costs required to complete the work, whether or not the materials and labor are explicitly listed, as indicated on the plans. Quantities shown in the Bid Form are summarized from the plans, which provide a separate statement of estimated quantities for each of the three construction sites. Where useful, estimated quantities for lump sum bid items are stated on the plans as an aid to prospective bidders, but such quantities are not binding on City for payment. (remainder of page left blank intentionally) BI0-05 TENNIS COURT RECONSTRUCTION 19 Measure and Payment This section describes each bid item so as to clarify what it includes and how payment will be made. The included bid items describe the entire scope of all work required to deliver the finished facilities ready for use. Where appropriate, a bid item's description includes an indication as to whether prior City approval of the proposed improvement is required pursuant to a submitted shop drawing or catalog cut sheet, as appropriate. There is no "General Requirements" bid item. All overhead, profit, administrative expenses, or other considerations must be included in proposed bid item prices. Any cost items not explicitly stated for a listed bid item but necessary for completion of the work must be included within the bid price. The quantities listed in the plans and on the bid form were developed by the City using the best available information. Bidders are responsible for confirming all quantities related to lump sum items; there will be no adjustment in price if a difference in effort is discovered after the project award is made. Unit price items for which a bid quantity is given in cubic yards, square yards, linear feet, number of units, etc. will be paid based on the actual quantity installed and accepted by the City. A reconciliation change order will be issued at the end of the project to match contract and installed unit quantities. 1. Mobilization and Demobilization - Includes all general costs of starting and ending the project, including transport of equipment and materials, portable toilets, construction signing, site clean up, and transport of construction trash and excess materials. The cost of any fencing, signs, markings, and other items necessary to secure each work site and to notify the public as to the hazards present is explicitly included in this bid item. No more than 50% of this bid item can be paid on the first invoice and at least 25% must be invoiced in the final pay request. 2. Erosion Control - Includes the costs of furnishing and installing erosion control fencing, temporary groundcover, and other efforts to reduce stormwater flows into and out of the work site in accordance with NPDES rules and City regulations. This bid items is invoiced at a rate of25% for each of the first three progress payments and the final 25% in the final payment. 3. Clearing and Grubbing - Includes all work necessary to prepare the work area for demolition and construction activities listed under other bid items. Payment may be made on a proportional basis according to the amount of work completed by Contractor and accepted by the City. 4. Demolition of Concrete Structures - Includes all costs associated with removing all indicated concrete surfaces, including transport and disposal to an appropriate facility. Contractor is encouraged to dispose of this material at an appropriate concrete recycling facility. Payment may be made on a proportional basis according to the amount of work completed by Contractor and accepted by the City. 5. Demolition of Asphalt Structures - Includes all costs associated with removing all indicated asphaltic concrete surfaces, including transport and disposal to an appropriate facility. Contractor is encouraged to dispose of this material at an appropriate asphalt BI0-05 TENNIS COURT RECONSTRUCTION 20 I recycling facility. Payment may be made on a proportional basis according to the amount of work completed by Contractor and accepted by the City. 6. Demolition of Fencing - Includes all costs associated with removing all listed fence sections, including transport and disposal at a suitable facility or preparation and on-site storage for transport by the City, as indicated on the plans. Both chainlink and wood fencing is included in this pay item. Removal of fencing includes removal of all supporting posts, footers, gates, and hardware within the area indicated. 7. Demolition of Lighting & Electrical - Includes all costs associated with extracting direct-burial light poles, which will be assembled in a designated location for transport and reuse by the City. Care must be taken in this work to ensure that poles and light fixtures are undamaged by the Contractor's efforts. This work includes removal of all related service entrances and control panels, conduit, and electrical cable, which will also be assembled and stored for City recovery. City forces will disconnect the power supply to the facilities that are to be removed by Contractor. Payment may be made on a proportional basis according to the amount of work completed by Contractor and accepted by the City. 8. Demolition of Remaining Structures - Includes all costs associated with removal of all indicated structures not listed above, such as benches and trash receptacles, and the cost of either transport and disposal or safe on-site storage. Some structures will be transported from the project area by City staff; other structures will remain on-site for the Contractor to re-install. Care must be taken to protect any structures not slated for disposal so that may be effectively reused by the City or returned to use by Contractor following construction. Payment may be made on a proportional basis according to the amount of work completed by Contractor and accepted by the City. 9. Demolition of Trees - Includes all costs associated with removing all indicated trees and disposing of the plants at a suitable facility. Tree removal includes removing stumps and major roots within the immediate area. Payment may be made upon successful removal of all trees indicated on the plans. 10. Layout Survey & As-built Drawings - Includes all costs associated with construction survey layout and compilation of as-built drawings by a Florida-licensed surveyor and mapper. This bid item includes any pre-construction videos and photographs the Contractor may compile for its own purposes. Elevations listed on the plans are approximate and should be used for relative elevation differences across the site. No additional charges will be accepted for adjustments to the survey. As-built drawings are to include the location and elevation of all improvements at Tiger Minor Park, with elevations indicated where shown on the plans and for the top of the storm water manhole to be raised during construction (invert should not be altered). As-built drawings are not required at the other two parks. Payment for construction layout survey may be paid over the first two progress invoices. Payment for as-built drawings must be included in the final invoice. 11. Earthwork - Includes the cost of all grading to finished contours, fill compaction, and other work required to achieve the final grade ready for additional construction or sod restoration. The City will provide any fill material required when the balance of cut 810-05 TENNIS COURT RECONSTRUCTION 21 and fill is not sufficient, including the transport of such materials to the work si te, and for any geotechnical testing required to ensure compliance with the plans and specifications. Contractor shall identify the quantity of fill material required for the work. Any excess materials remaining after construction as to be removed by Contractor. Payment may be made on a proportional basis according to the amount of work completed by Contractor and accepted by the City. 12. 1.0" FDOT Type SP-9.5 Asphalt - Includes all costs associated with material and labor required to create the tennis court hard surface. Payment will be made according to the actual number of square yards installed by Contractor and accepted by the City. 13. 6" Limerock Base - Includes all costs associated with materials and labor required to furnish, place, grade, and compact the limerock base for tennis court pavement. Limerock is to extend six inches (6") beyond the outside edge of asphalt pavement on all sides. The limerock base surface must provide the appropriate slope indicated on the plans for water runoff, which is generally 1" in 1 0'. Limerock is to be compacted to 98%. Payment will be made according to the actual number of square yards installed by Contractor and accepted by the City. 14. 12" Stabilized Subgrade - Includes all costs associated with stabilizing the soil under tennis court pavement to a depth of 12 inches, such as stabilizer, working the stabilizer into the soil, grading, and compaction to 98%. Stabilized subgrade is to extend 24" beyond the limits of the proposed tennis court paved area. Payment will be made according to the actual number of square yards installed by Contractor and accepted by the City. 15. 6" Concrete Apron - Includes all costs associated with the construction of a concrete driveway apron, including labor, forms, and materials. This concrete is to be a minimum of 2,500 psi after 28 days of curing, with 6"x6" wire reinforcement. Fiber reinforcement is not acceptable. Any sidewalk area that overlaps a driveway apron shall conform to the specifications of the driveway apron and shall be paid as part of that bid item. Preformed expansion joints shall be placed between the driveway apron and any adjacent sidewalk or other hard surface. Payment will be made according to the actual number of square yards installed by Contractor and accepted by the City. 16. 4" Concrete Sidewalk - Includes all costs associated with the construction of a concrete sidewalk of the specified width, including all materials, forms, and labor. This concrete is to be a minimum of 2,500 psi after 28 days of curing, without reinforcement. Any sidewalk area that overlaps a driveway apron shall conform to the specifications of the driveway apron and shall be paid as part of that bid item. Crack-control joints shall be cut into the surface of the finished sidewalk every six feet (6'), with preformed expansion joints placed every 100 feet and at all changes in surface construction. Payment will be made according to the actual number of square yards installed by Contractor and accepted by the City. 17. Type-F Curb & Gutter - Includes all costs associated with constructing Type-F curb and gutter in accordance with FDOT standard specifications, including all materials, forms, and labor. This concrete is to be a minimum of 2,500 psi after 28 days of curing. Preformed expansion material shall be placed between curbing and any B 1 0-05 TENNIS COURT RECONSTRUCTION 22 adjacent sidewalk. Payment will be made according to the actual number of linear feet installed by Contractor and accepted by the City. 18. Tennis Court Painting & Striping - Includes all costs associated with providing a finished playing surface for a tennis court, including surface preparation in advance of painting. The tennis court acrylic surface coating shall by PlexiPave System from California Products Corp. or City-approved equal. Surface coating shall consist of 1 coat of acrylic surfacer, 2 coats of fortified PlexiPave of the approved color, and 1 finish coat. The approved colors are Florida Green for the marked playing surface and White for the line markings. Tennis court striping shall conform to the requirements of the latest edition of the U.S. Tennis Courts and Track Builders Association guidelines. Payment will be made for each complete tennis court finished by Contractor and accepted by the City. Shop drawing and prior City approval are required. 19. Painting Outside Tennis Courts - Includes all costs associated with providing a finished playing surface outside a marked tennis court, including surface preparation in advance of painting. The tennis court acrylic surface coating shall by PlexiPave System from California Products Corp. or City-approved equal. Surface coating shall consist of 1 coat of acrylic surfacer, 2 coats of fortified PlexiPave of the approved color, and 1 finish coat. The approved color is Light Green. Payment will be made according to the actual number of square yards of surface finished by Contractor and accepted by the City. Shop drawing and prior City approval are required. 20. Tennis Court Net Assembly - Includes all materials and labor to furnish and install a complete tennis court net, including posts, post footers, net, anchor strap, anchor strap footer, lanyards, tension cranks, and other required hardware for a complete regulation net ready for doubles play. Payment will be made for each complete tennis court net assembly installed by Contractor and accepted by the City. Shop drawing and prior City approval are required. 21. 6-foot High Black Vinyl-coated Chainlink Fence - Includes all posts, post footers, and hardware required for a complete fence, as indicated on the plans. Fence fabric shall be 2-inch diamond weave using 9-gauge black vinyl-coated wire. Posts and hardware shall be black powder-coated new materials prior to installation. No recovered materials may be used. Payment will be made according to the actual number of linear feet installed by Contractor and accepted by the City. Payment for any gates included in a fence will be made under separate bid items. Shop drawing and prior City approval are required. 22. 10-foot High Black Vinyl-coated Chainlink Fence - Includes all posts, post footers, and hardware required for a complete fence, as indicated on the plans. Fence fabric shall be 2-inch diamond weave using 9-gauge black vinyl-coated wire. Posts and hardware shall be black powder-coated new materials prior to installation. No recovered materials may be used. Payment will be made according to the actual number of linear feet installed by Contractor and accepted by the City. Payment for any gates included in a fence will be made under separate bid items. Shop drawing and prior City approval are required. BIG-OS TENNIS COURT RECONSTRUCTION 23 23. Double 4-foot Wide Walk-thru Gate - Includes all materials and labor required to construct and install a complete working gate, including hinges and lockable hasp. Gate frame and all hardware are to be commercial/institutional grade with a black powder-coated surface. The total opening of the finished gate is 8 feet with a center locking bar and footer. The locking bar footer shall be lined with a larger diameter pipe of the same construction and galvanized interior and exterior surfaces. Payment will be made according to the actual number of units installed by Contractor and accepted by the City. Shop drawing and prior City approval are required. 24. Double 6-foot Wide Drive-thru Gate - Includes all materials and labor required to construct and install a complete working gate, including hinges and lockable hasp. Gate frame and all hardware are to be commercial/institutional grade with a black powder-coated surface. The total opening of the finished gate is 12 feet with a center locking bar and footer. The locking bar footer shall be lined with a larger diameter pipe of the same construction and galvanized interior and exterior surfaces. Payment will be made according to the actual number of units installed by Contractor and accepted by the City. Shop drawing and prior City approval are required. 25. 3-foot Wide by Tfoot High Walk-thru Gate - Includes all materials and labor required to construct and install a complete working gate, including hinges and lockable hasp. A fixed chainlink fence panel should be installed over each gate of this type; this portion of the fence is part of this bid item and will not be included in the total length of installed 10-foot high fence. Gate frame and all hardware are to be commercial/institutional grade with a black powder-coated surface. Payment will be made according to the actual number of units installed by Contractor and accepted by the City. Shop drawing and prior City approval are required. 26. Concrete Sluice Pad - Includes all costs associated with the construction of a concrete sluice of the specified dimensions, including all materials, forms, and labor. This concrete is to be a minimum of 2,500 psi after 28 days of curing, without reinforcement. This structure is integrated into the end of the Type- F curb that directs water onto the surface of the sluice pad. Payment will be made according to the actual number of sluice pads installed by Contractor and accepted by the City. 27. Parkside/Coventry Basketball Court - Includes all costs associated with preparation, grading, excavation, stakeout, paving, sodding, and other tasks to construct the basketball court at Parkside/Coventry Park except the basketball goal and net assembly, which will be supplied to Contractor by City for installation by Contractor. Payment will be made on a lump-sum basis following construction by Contractor and acceptance by City. 28. Parkside/Coventry Basketball Court Striping - Includes all costs associated with preparation, layout, painting, and other tasks to provide white striping for the basketball court at Parkside/Coventry Park. This work is covered by a separate bid item to recognize the requirement for a 30-day asphalt curing period before striping may be applied by Contractor. Payment will be made on a lump-sum basis following installation by Contractor and acceptance by City. Shop drawing, paint cutsheet, and prior City approval are required before installation. BID-OS TENNIS COURT RECONSTRUCTION 24 29. Argentine Bahia Sod - Includes the cost to furnish, transport, install, and maintain the sod for the period of time necessary to establish the product into the site, as demonstrated by adhesion of the sod to the underlying soil through root growth. Installation of sod includes removal of any undesirable vegetation on the soil surface where the sod is to be installed, raking and fine grading of the soil surface, removal of all extraneous materials (roots, sticks, trash, etc.), and placement of suitable granular fertilizer on the prepared soil prior to placing the sod. Payment may be made based on the actual number of square yards of sod installed and accepted by the City. If the sod is not established by the time of the final invoice, five percent (5%) of the total contract price shall be retained until the sod is established and accepted by the City. Contractor shall be responsible for watering the sod until it is accepted by the City, provided that the sod shall be either accepted or rejected by the City within three weeks of placement. This bid item does not include the sod required at the Parkside/Coventry basketball court, which is a component of that bid item. 30. Tennis Court Asphalt Excavation & Repair - Includes all costs associated with removing asphalt damaged by tree roots at the Parkside/Coventry Park tennis court (including any costs associated with removing and storing the chainlink fence in the affected area); excavating, extracting, and disposing of all plant roots under the removed asphalt to a depth of 18 inches; refilling and compacting the excavated area to 98%; and restoring the asphalt surface to match the undisturbed portion. This work may be performed so as to preclude the removal of fence posts, as Bid Item 31 will effectively render any perimeter tree roots inert. If Contractor chooses to remove the posts for this work, the bid item includes the cost of reinstalling the posts. Any posts damaged by Contractor must be replaced at Contractor's expense with like material. Payment will be made on a lump-sum basis following completion of the work by Contractor and acceptance by City. 31. Tree Root Barrier System Installation -lncludes the cost to furnish and install the Typar BioBarrier Root Control System to a depth of24 inches in accordance with manufacturer's instruction, including the cost of the installation trench and plant root removal within the trench. 32. 8' x 16' Timber Bridge - Includes the cost of materials and construction of a planar timber bridge using pressure-treated lumber and stainless steel or other approved fasteners, concrete footers, anchors, and other items required to provide a complete structure, as specified on the plans. Related grading is part of Bid Item 11. Payment will be made on a lump-sum basis following completion of the work by Contractor and acceptance by City. 33. Reset Bench - Includes the cost ofremoving, storing, and re-installing one metal bench with suitable anchors. No refinishing of the bench is included. Payment will be made on a unit basis following completion of the work by Contractor and acceptance by City. 34. Reset Trash Receptacle - Includes the cost of removing, storing, and re-installing one metal trash receptacle with suitable anchors (for surface-mount unit) or concrete footing (for post-mount unit). No refinishing of the receptacle is included. Payment will be made on a unit basis following completion of the work by Contractor and acceptance by City. BID-OS TENNIS COURT RECONSTRUCTION 25 Al 10-foot High Green Vinyl-coated Chainlink Fence - Includes all hardware required for a complete fence, as indicated on the plans. Fence fabric shall be 2-inch diamond weave using 9-gauge green vinyl-coated wire. Posts and hardware shall be green powder-coated new materials prior to installation. No recovered materials may be re- used. Payment will be made according to the actual number of linear feet installed by Contractor and accepted by the City, provided that the City includes this bid alternate in the work. Shop drawing and prior City approval are required. Special Note: City, at its sole discretion, reserves the right to select the successful bidder using the total base bid or the total bid with alternate. The use of either total bid amount in evaluating bids does not preclude the option for City to delete or accept the alternate bid following award. 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PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT, 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) day of ,20_ Sworn to and subscribed before me this 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 BI0-05 TENNIS COURT RECONSTRUCTION 30 City Manager Robert Frank Commissioners Gary Hood, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel Keller, District 4 Mavor S. Scott Vandergrift Florida March 3 I, 2010 ADDENDUM NO: ONE (I) CITY OF OCOEE BID #BIO-05 TENNIS COURT RECONSTRUCTION This addendum shall modifY and become a part of the original bid documents for the Tennis Court Reconstruction. This addendum consists of one page. Bidders shall acknowledge receipt of Addendum One (1) in the space provided in Section 00300-1 of the bid documents. Failure to do so may subject the bidder to disqualification. Answers to Questions received and/or amendments to the bid documents are: Q I. What are the bidder qualifications for this project and is a General Contractors license required? A 1. A Florida-licensed contractor is not required. Q2. Is the mesh diamond size to be I % or 2"? 1 % is standard for tennis courts but the spec just says 9ga core. A2. 1.75-inch mesh is correct for tennis courts. Crystal Conley Purchasing Technician City of Ocoee . 150 N Lakeshore Drive. Ocoee, Florida 34761 phone: (407) 905-3100 . fax: (407) 905-3491 . www.ocoee.org