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HomeMy WebLinkAboutItem #03 Approval of Award of RFP #11-004 Small Construction Projects Term Contract `l � e c e nter of Good L K C ITEM AGENDA COVER SHEET G Meeting Date: January 4, 2011 9 rY Item # 3 Reviewed By Contact Name: Joyce Tolbert Department Director: Ati' Contact Number: 1516 City Manager: 2/7. Subject: Award of RFP #11 -004 Small Construction Projects Term Contract Background Summary: The City intends to award a contract to one or more Contractors qualified and licensed in the State of Florida based on ability to rapidly mobilize, resources and equipment, experience with similar contracts, hourly price proposal, and a successful reference check. Contractor(s) selected by the City will provide construction services to the City on an as- needed basis for projects with an estimated value of less than $200,000; there is no guaranteed minimum dollar amount for actual construction. Task orders will be issued by the City to the selected contractor(s) for projects using a scope of work and purchase order for each project. More than one Contractor may be asked to provide a price proposal for a single project prior to issuance of the task order. Multiple awards may be made for a single project when no one Contractor offers all services that may be required over the term of the contract or to provide the City with greater production capacity. Each contract shall consist of a one (1) year term with four separate automatic one (1) year renewal terms with an optional one (1) year renewal. Issue: Award term contracts for Small Construction Projects with an estimated value of less than $200,000 to the six (6) short- listed firms recommended by the Selection Committee. Recommendations Staff recommends that the City Commission award six (6) Term Contracts for RFP #11 - 004 to Southern Building Services, Inc., Prime Construction Group, Inc., Atlantic Civil Constructors Corp.,Central Florida Environmental Corp., MVB & Associates, Inc., and Barracuda Building Corp, and authorize Staff to issue task orders with the selected firms for construction projects with an estimated value less than $200,000, once the required insurance is secured, and authorize the Mayor, City Clerk, and staff to execute all necessary contract documents with these firms. Attachments: 1. RFP #11-004 2. RFP Shortlist/Evaluation Form 3. RFP Checklist Financial Impact: Construction project with an estimated value of less than $200,000 as budgeted each fiscal year for the term of the contract. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. Reviewed by ( ) N/A 2 Mayor ti c of Good C;�, Commissioners �'� S. Scott Vandergrift . + .. � . a Gary Hood, District 1 Rosemary Wilsen, District 2 City Manager Rusty Johnson, District 3 r o t Dis Robert Frank S l Joel Keller, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners Y tY FROM: Joyce Tolbert, Purchasing Agent DATE: December 15, 2010 RE: Award of RFP #11 -004 Small Construction Projects Term Contract ISSUE Award term contracts for Small Construction Projects with an estimated value of less than $200,000 to the six (6) short- listed firms recommended by the Selection Committee. BACKGROUND/DISCUSSION The City intends to award a contract to one or more Contractors qualified and licensed in the State of Florida based on ability to rapidly mobilize, resources and equipment, experience with similar contracts, hourly price proposal, and a successful reference check. Contractor(s) selected by the City will provide construction services to the City on an as- needed basis for projects with an estimated value of less than $200,000; there is no guaranteed minimum dollar amount for actual construction. Task orders will be issued by the City to the selected contractor(s) for projects using a scope of work and purchase order for each project. More than one Contractor may be asked to provide a price proposal for a single project prior to issuance of the task order. Multiple awards may be made for a single project when no one Contractor offers all services that may be required over the term of the contract or to provide the City with greater production capacity. Each contract shall consist of a one (1) year term with four separate automatic one (1) year renewal terms with an optional one (1) year renewal. The scope of work to be performed under task orders issued under this contract may consist of, but will not necessarily be limited to, the following: • Concrete sidewalk, aprons, and driveways, various widths and depths • Concrete slabs and headwalls, various widths and depths • Mitered end sections, various sizes • Spillways, various widths and lengths • Retaining walls, various heights and lengths • Asphalt paving, milling, and resurfacing • Underground pipe installation • Drainage structures • Limerock and crushed concrete base material • Vertical curbs, various types and lengths • Curb & gutter, various types and lengths • Minor building construction 1 The RFP was advertised on October 10, 2010 and was publicly opened on November 16, 2010. A non - mandatory pre - proposal conference was held on October 21, 2010. The Finance Department reviewed the qualification packages and all were considered responsive. Due to proposal sizes, complete copies of all responses are available in the Finance Department for your review or electronically through the City Clerk's office. The twenty (20) responses were evaluated by the RFP Selection Committee which was comprised of five (5) members: Bob Briggs, Chief Accountant; Al Butler, CIP Manager; Jeff Hayes, Parks and Recreation Director; Steve Krug, Public Works Director; and Gene Williford, Assistant to the City Manager. The public RFP selection committee meetings were held on November 23, 2010 and December 7, 2010 with the Selection Committee evaluating and short- listing the firms on specific evaluation criteria. Please see the attached Checklist and Shortlist/Evaluation forms. The selection committee recommends contracting with the following top six (6) firms: 1. Southern Building Services, Inc. 2. Prime Construction Group, Inc. 3. Atlantic Civil Constructors Corp. 4. Central Florida Environmental Corp. 5. MVB & Associates, Inc. 6. Barracuda Building Corp. The recommended firms will allow the City to compete work for concrete forming and finishing; asphalt paving, milling, and resurfacing; underground construction; and minor building construction estimated to cost less than $200,000. Responses were also received from: American Persian Engineers & Constructors, Blue Ox Enterprises LLC, Britt Construction Inc., Construction Management Associates LLC, Estep Construction Inc., JAR Construction Inc., KKOT Associates LLC, Pillar Construction Group LLC, Ruby Builders Inc., Schuller Contractors Inc., Senatore Inc., T &G Constructors, Tony's Construction, and Wilson and Company Inc. 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Keller, District 4 Florida CITY OF OCOEE REQUEST FOR PROPOSALS RFP# 11 -004 SMALL CONSTRUCTION PROJECTS TERM CONTRACT TABLE OF CONTENTS RFP# 11 -004 SMALL CONSTRUCTION PROJECTS TERM CONTRACT RFP DOCUMENTS Section Page Legal Advertisement 3 Proposal Instructions 4 - 6 General Terms & Conditions 7 - 19 Summary of Litigation *, p. 16 Acknowledgement of Addenda *, p.16 List of Subcontractors *, p. 16 Equipment Listing *, p. 17 References/Experience *, p. 17 SCOPE OF WORK, PROPOSAL FORM, AND PROPOSED CONTRACT Section Page Exhibit A — Scope of Work 20 - 25 Exhibit B — Proposal Form* 26 - 27 Company Information and Signature Sheet *, p. 27 Exhibit C — Proposed Contract for Construction Services 28 — 33 *Submit with Proposal End Table of Contents RFP11 - 004 Small Construction Projects Term Contract 2 Request for Proposals, Legal Advertisement The City of Ocoee, Florida, (City) is soliciting sealed proposals for RFP# 11 -004 Small Construction Projects Term Contract (projects valued at Tess than $200,000). Proposals will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance/ Purchasing Department, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on November 16, 2010. Proposals received after that time will not be accepted under any circumstances. Sealed proposals that have been timely received will be publicly opened and read aloud at that time. A non - mandatory pre - proposal conference is scheduled for October 21, at 10:00 am, local time, at Ocoee City Hall, 150 N. Lakeshore Dr., Ocoee, FL 34761. Prospective respondents may secure a copy of the documents required for submitting a proposal through Onvia /Demandstar by accessing the City's website at http: / /www.ocoee.orq under Finance /Purchasing. Partial sets of the documents required for submitting a proposal will not be issued. By using Onvia /Demandstar, prospective respondents will be provided with all information regarding this RFP and addendums and changes to the project requirements; fees may apply for non - members. Membership with Onvia /Demandstar is not required to submit a proposal. Persons other than prospective respondents may inspect the documents required for submitting a proposal at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee, as prescribed by statute. Beth Eikenberry, City Clerk, October 10, 2010. RFP11 -004 Small Construction Projects Term Contract 3 CITY OF OCOEE REQUEST FOR PROPOSALS (RFP) # 11 -004 SMALL CONSTRUCTION PROJECTS TERM CONTRACT A. Sealed proposals for RFP #11 -004 will be received by the City of Ocoee, hereinafter called "City," from any person, firm, corporation, or agency, hereinafter called "Respondent," submitting a proposal for the services being solicited. Each Respondent shall furnish the information required on the proposal form supplied and each accompanying sheet thereof on which an entry is made. Proposals submitted on any other format shall be disqualified. Proposals must be typewritten or handwritten using ink; do not use pencil. Proposal documents must be submitted under the signature of a legally responsible representative, officer, or employee and should be properly witnessed and attested. All proposals should also include the name and business address of any person, firm, or corporation interested in the proposal, either as a principal, member of the firm, or general partner. If the Respondent is a corporation, the proposal should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. Any questions or concerns regarding this RFP should be addressed in writing to the Finance /Purchasing Department, City of Ocoee, FL, Attention: Joyce Tolbert, Purchasing Agent (407) 905 -3100, extension 1516 and fax (407) 905 -3194 or email jtolbert(a�ci.ocoee.fl.us, and must be received not later than November 9, 2010, at 2:00 p.m. in order to receive an answer. Any clarifications /changes will be only through written addenda 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 proposal award date. Any contact with any other member of the City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. C. Proposals must describe the qualifications of the firm planning to provide services. The proposal shall be presented as one (1) original and five (5) copies. The entire proposal package shall be received by the Finance Department not later than 2:00 P.M., local time, on November 16, 2010. 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 /Purchasing Department Attention: Joyce Tolbert, Purchasing Agent 150 N. Lakeshore Drive Ocoee, FL 34761 -2258 D. Pre - Proposal Conference: A non - mandatory pre - proposal conference is scheduled for October 21, 2010 at 10:00 A.M., local time, in the City Hall conference room, 150 N. Lakeshore Dr., Ocoee, FL 34761. All Respondents will be held liable for information presented at the non - mandatory pre - proposal conference, as any clarifying addendums issued as a result of questions asked and answered at the pre - proposal conference may not be all- inclusive. RFP11 -004 Small Construction Projects Term Contract 4 E. Proposals will be reviewed by a selection committee appointed by the City Manager and will be ranked in accordance with the established evaluation criteria. Date, time, and location of any scheduled selection committee meeting(s) for this RFP will be noticed publicly and on Demandstar. The selection committee shall supply a ranked list of the proposing firms and a recommendation regarding which firm(s) should be selected by the City Commission for negotiation of a term contract. 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 proposal constitute public records under Florida law. F. All Respondents shall thoroughly examine and become familiar with this RFP package and carefully note the items specifically required for submission of a complete proposal. G. Submission of a proposal shall constitute an acknowledgment that the Respondent has complied with the instructions of this RFP. The failure or neglect of a Respondent to receive or examine a document shall in no way relieve it from any obligations under its proposal or the contract. No claim for additional compensation will be allowed based upon a lack of knowledge or understanding of any of the contract documents or the scope of services. Proposals shall be in compliance with the contract documents and scope of services. All costs to prepare and submit proposals shall be the responsibility of the Respondent and the City shall make no reimbursement of any kind. H. Any response by the City to a request for information or correction will be made in the form of a written addendum, which will be distributed via Demandstar. It shall be the responsibility of each Respondent to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning the date and time when proposal acceptance shall close at any time up to the date and time set for proposal closing. In this case, proposals that have been received by the City prior to such an addendum being issued will be returned to the Respondent, if requested, unopened. In case any Respondent fails to acknowledge receipt of any such Addendum in the space provided in the RFP documents, its proposal will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a proposal will constitute acknowledgment of the receipt of the RFP Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Respondents are cautioned that any other source by which a Respondent receives information concerning, explaining, or interpreting the RFP Documents shall not bind the City. I. Any of the following causes may be considered sufficient for the disqualification and rejection of a proposal: a) Submission of more than one (1) proposal for the same work by an individual, firm, partnership, or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships, or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among the Respondents; c) Being in arrears on any existing contracts with the City or in litigation with the City, or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City's judgment and sole discretion, raises doubts as to the Respondent's ability to properly perform the services; or e) Any other cause that, in the City's judgment and sole discretion, is sufficient to RFP11 -004 Small Construction Projects Term Contract 5 justify disqualification of Respondent or the rejection of its proposal. J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under an award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2) (a).] K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal that they consider confidential and /or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request for proposals become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. L. ACCEPTANCE AND AWARD. The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re- advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Respondent qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Respondent(s) which, in the City's sole discretion, is (are) the most responsive and responsible. The City reserves the right, as an aid in determining which proposals are responsible, to require a Respondent to submit such additional evidence of Respondent's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals for acceptance and award. (Remainder of page left blank intentionally) RFP11 -004 Small Construction Projects Term Contract 6 RFP #11 -004 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by a Cashier's /Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to ONE THOUSAND DOLLARS ($1,000.00). 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 proposal for a period of ninety (90) days after the scheduled closing time for the receipt of proposals, in accordance with the accepted proposal and RFP documents. b) In the event of withdrawal of said proposal within ninety (90) days following the opening of proposals, or Respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the RFP after issuance of Notice of Intent to Award by the City, then such Respondent shall be liable to the City in the full amount of the check or Bid Bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the Bid Bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required Bid Bond and required insurance coverage is to be included in the Respondent's overhead and is not eligible for reimbursement as a separate cost by the City. The checks of the three (3) most favorable Respondents will be returned within three (3) days after the City and the successful Respondent have executed the contract for work or until the 91 day after proposal opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of proposals. Bid Bonds will be returned upon request following the same criteria as a check 2. PERFORMANCE BOND: Not applicable, as projects under this contract shall not exceed $200,000 in value. 3. PATENT INDEMNITY: Except as otherwise provided, the successful Respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any letters patent of the United States arising out of the performance of this contract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the proposal price shall include all royalties or cost arising from the use of RFP11 -004 Small Construction Projects Term Contract 7 such design, device, or materials. 4. DEFAULT: As a result of proposals received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and /or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and /or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 5. PRICING: Pricing should be provided as indicated on the Proposal Form attached as Exhibit B, to include any alternate proposals. Please note that alternate price proposals will not be accepted unless specifically called for on the Scope of Work and /or Proposal Form. Cost of preparation of a response to this RFP is solely that of the Respondent and the City assumes no responsibility for such costs incurred by the Respondent. The Proposal Form may not be completed in pencil. All entries on the Proposal Form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Respondent to clarify an illegible entry on the Proposal Form. If the Proposal Form requires that the proposed price, or constituent portions of the proposed price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Proposal Form should be provided by the Respondent and be correctly computed. If there is an arithmetical conflict between the unit price stated by the Respondent on the Proposal Form and the total price stated by the Respondent on the Proposal Form, the unit price stated by the Respondent on the Proposal Form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Proposal Form to calculate the total price, utilizing the unit prices that have been identified by the Respondent. The taking of such action by the City shall not constitute grounds for the Respondent to withdraw its proposal nor shall it provide a defense constituting discharge of the proposal bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error, or other irregularity that may appear on the Proposal Form. However, the City reserves the right to reject Proposal Forms that are incomplete or contain information that is not required as being non - responsive. a) The prices have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Respondent or with any competitor; RFP11 -004 Small Construction Projects Term Contract 8 b) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other Respondent or to any competitor; c) No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); d) Respondent warrants the prices set forth herein do not exceed the prices charged by the Respondent under a contract with the State of Florida Purchasing Division; and e) Respondent agrees that supplies /services furnished under this proposal, if awarded, shall be covered by the most favorable commercial warranties the Respondent gives to any customer for such supplies /services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the proposal award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of proposals. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of proposal opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to one or more Respondents according to the following criteria: a) Ability to rapidly mobilize and respond b) Resources (personnel, equipment, machinery, etc.) c) Previous similar experience, licensing, and references d) Price proposal 9. LITERATURE: If required by the scope of work or the specifications, descriptive literature /brochures shall be included with this proposal in order to properly evaluate make /model offered. Proposals submitted without same may be considered non - responsive and disqualified. RFP11 -004 Small Construction Projects Term Contract 9 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: a) A Respondent shall file a written proposal protest under this Article or be barred any relief; oral protests shall not be acknowledged. b) A proposal protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the RFP, its addenda, and other proposal documents; and /or (b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications), if any. The Respondent shall clarify all questions concerning the design documents of the project prior to submitting its proposal. c) The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. d) The bid protest shall be filed with the Purchasing Agent not later than three (3) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. e) The Purchasing Agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If Owner denies the protest, Owner may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: a) 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. Article 5 of the proposed Contract (see Exhibit C) and the Task Orders and Payment section of the Scope of Work (see Exhibit A) provide additional requirements. b) Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available for the work. c) The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No. 85- 8013779974C -0; and, pursuant to Chapter 212, Florida Statutes, is exempt from federal excise, state, and local sales taxes. 12. SAFETY REQUIREMENTS: The Respondent guarantees that the services to be performed and the goods to be provided herein shall comply with all applicable federal, state, and local laws, ordinances, regulations, orders, and decrees, including, without limitation, such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910 - General Industry Standards that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. RFP11 -004 Small Construction Projects Term Contract 10 c) The Contractor must assure that a certified first aid person is designated, phone numbers of physicians, hospital, and ambulance services are posted (copy to Personnel Director, City of Ocoee), and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and be secured to prevent displacement. i) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. j) All heavy equipment must have, where applicable: (a) back -up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, and (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. k) Personal fall protection must be provided at elevations exceeding ten (10) feet. 13. DRUG -FREE WORKPLACE: 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. 14. CONTRACT: a) Each successful Respondent, herein also referred to as Contractor, will be required to enter into a contract with the City along the terms and conditions included in Exhibit C for the initial period of one (1) year, up to four (4) automatic one -year extensions. b) The City may, in its sole discretion, award any additional services, whether in the existing areas of the scope of work or in any area additional to those in the existing scope of work, to any third party or the City's own employees. Contractor will be expected to cooperate with any or all other contractors who may be performing services for the City. 15. CERTIFICATION OF NON - SEGREGATED FACILITIES a) Respondent certifies that it does not and will not maintain or provide any segregated facilities for the Respondent's employees at any of the Respondent's establishments, and that Respondent does not permit Respondent's employees to perform their services at any location under the Respondent's control where segregated facilities are maintained. Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of its Proposal. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms, other storage and dressing areas, parking lots, or drinking facilities provided for employees that are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Respondent agrees that (except where Respondent has obtained identical certification from proposed contractors for specific time periods) Respondent will obtain identical certifications from proposed subcontractors prior to the award of such RFP11 -004 Small Construction Projects Term Contract 11 contracts exceeding $10,000 that are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent's files. b) The non - discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. STATEMENT OF AFFIRMATION AND INTENT: a) 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 pricing data until the completion of negotiations and execution of a contract for the described services. b) 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.) c) 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. d) 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. e) 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. 17. PUBLIC ENTITY CRIME STATEMENT: a) All invitations to proposal, 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: RFP11 -004 Small Construction Projects Term Contract 12 "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 a contract to provide any goods or services to a public entity, may not submit a proposal 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 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." b) All Respondents 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. 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) The City requires a City of Ocoee contractor registration if permitting is required. Please contact the City's Building Department at (407)905 -3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the Contractor. 19. STANDARD 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' RFP11 -004 Small Construction Projects Term Contract 13 Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non -owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 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: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. ■ $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE 6) Commercial Umbrella: ■ $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability RFP11 -004 Small Construction Projects Term Contract 14 7) Builders Risk: ■ $100,000 Any (1) Location ■ $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample below), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) 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. ii) 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. I ACO8P op 10 JC DATE IIDATOOYYY) CERTIFICATE OF LIABILITY INSURANCE FRABE_1 11/04/04 ( PRODUCE. THIS CERTIFICATE IS ISSUED M A MATTER OF INFORMATION ONLY MU CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. r INSURERS AFFORDING COVERAGE ' NMC s �_..._..._— ....._..._... -. u mot EA.W A. INSURER* I tr tor' ■ Name INSWED5 C: �._ MOROI II AMPERE ._— .. - -. -._ I COVERAGES THE POLICIES OF INSURANCE LISTED SELOW HAVE SEEN ISSUED TO THE i05URE01UMED RATE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REWASEANT. TERN OR co... OF ANY CONTRACT OR OT ER DOCUMENT WIrH RESPECT TO WHICH OM CERTIFICATE MAY EI ISSUED OR NAV PERTAIN. THE INSURANCE AFFORDED EY THE POLICIES OESCONEO NEREW IS SUBJECT 10 ALL 1. TER. EXCLUSIONS AND CO OCO. OF DUCH POLICIES AGGREGATE DARTS MOWN NAY NAVE SEEN REDUCED NT PMO CLAMS. d }PAT LAM LTR NaR9 TYPE OF wSURAxce POLICY xuwER n OATC � EA.OccuMENCE '11,000,000 LooGRAL "Mks, X'X cONUER000L0E018AN. Luauy { ✓RENIt �`a RP�R/ 5 50,000 _ ^ , Is WAIN MADE [ OCCUR IME0EXPIANN 55,000 _ F Pe.SmNL.Aovown' , 11,000,000 ....... 1-- - - -- I uENE LAaOREGATE S 2, 000, 000 ■ GOFA AU0R00+E EMT APPLIES PER: • PRDDACTE.mw.roP AG 12.000,000 ATRDIAOSRE ISAM,TY ICO0 0EONHNI.ELAI0 51,000,000 EM Eawwl ' X ANY AUTO ._ �......_. 10 ALL OWNED AUTOS I. IP0.5 p9 1 IIII S0NEOULED AUTOS ;--- ......_.�. _- ... . 8 VIREO AUro IN,K rUI)VF - _ ___ IP..m loo X ' NON OWNED AUTOS -_.. ._.. - Ii: MMAGE s .- ..._. Au ON, EA ACCOFNT s X e ac me cAaSaMADE 5 d `c "E "GE !1 00000 ,0 ea55A R ` j AGGR_Earz 0, 000 1 OEDUCT0LE j ..... 5 J R• 1.45015.11Y RTBErIOH E ---. -. H 5 NORR1R3COMPENSATwN AND xITary " L T *Alit ' 1% EMPLOY1.45015.11Y ' EA. EACH ACOOENT 3500.000 Y PAG✓RIETONPARTNEWE EA. WAVE 4.0 VIPAOTER 1500,000_ CFFIOERNEIASER EXCWDEM �M I,. E.I.OREASE -POULT UAW 5500,000 eN °I DVmoNa Sew.Y 01401 l Builder. Risk Any 1 Loo 1.,0� I i Any 1 000 1,000,000 DESCRIPTOR OF OtRTIONS I LOCATIONS YERCLES I EXCLUSIdN ADDED SY SHDOREEMENT I NW. PROVISIONS The insurance evidenced by this certificate shall name the certificate holders a an additional insured on the General Liability & Umbrella Liability. Workers' Compensation, Employer.' Liability a General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate holder ie added as • raced iraxEii fix atuys Risk. CERTIFICATE HOLDER CANCELLATION OCOYE01 SHaan ANY OF T. ADO. DeuRISED MOMS Of CANCELUO SnaRe THE EXINNATDA DATE 1WROS THE NUT. 064131E WILL ANDeAv RTD 10 GAYS WROTE. NOTICE TO THE CERTIFICATE HOL.ORR Nu mm TO THIS LEFTS. MOM TO DO SO SHALL City of 000ee IMPOSE NO0it10ATON OR LIARILRT OF ANT 1311131 UPON THE INSURER, ITS AGENTS OR 150 N. Lakeshore Drive Re.Reeterel — OCOee FL 74761•]]51 A0410149E0 A SeeSe11111. - O ACORD CORPORATION 1914 ACORO I5 (2001485) Sfrib.% /E L & �I G RFP11 -004 Small Construction Projects Term Contract 15 20. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s) filed by or against the Respondent in the past five (5) years that is related to the services that the Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. (Attach additional sheets, if necessary) 21. ACKNOWLEDGMENT OF ADDENDA: Respondent acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated 22. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and /or TEMPORARY WORKER AGENCY NAME /ADDRESS /FEDERAL I.D. NO. /CONTACT PERSON /PHONE #: (Attach additional sheets if necessary) By submitting a proposal, the Respondent certifies that it has investigated any subcontractor /temporary worker agency listed and has received and has in the Respondent's files evidence that each subcontractor /temporary worker agency maintains a fully- equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor /temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. RFP11 -004 Small Construction Projects Term Contract 16 23. 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. 24. REFERENCES /EXPERIENCE OF RESPONDENT WITH SIMILAR WORK: The Respondent shall complete the following blanks regarding experience with similar type of work. Respondent must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three (3) years. DATE OF CONTRACT /AMOUNT OF PROJECT /CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER /EMAIL ADDRESS /NAME OF CONTACT Have you any similar work in progress at this time? Yes No Length of time in business years months. Bank or other financial references: (Attach additional sheets if necessary) RFP11 -004 Small Construction Projects Term Contract 17 25. SUBMITTALS: The City of Ocoee requires comprehensive responses to every section within this RFP. To facilitate the review of the responses, Respondents shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Respondents with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Submissions shall be limited to a total of twenty -five (25) 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 three -ring binder or other format amenable to easy photocopying. The page limit applies to the material contained in sections 1 and 2 of the proposal, as described below. The person signing the proposal on behalf of the Respondent shall have the legal authority to bind the Respondent to the submitted proposal. In order to simplify the review process and obtain the maximum degree of comparison, the Respondent must provide the following content when responding to the RFP: Section 1 — Company Information • Firm's history, number of years in business, etc. • List of all firm's supervisory employees, their qualifications, and their role for this contract. • Firm and employee certifications and registrations with regulatory agencies, professional organizations, etc. • Firm's sub - contractors, their qualifications, and their role in providing services. • List and quantity of firm's (and firm's sub - contractors' if applicable) type and quantity of equipment to be used for this contract. Section 2 — Company Experience /References • List of firm's other current or recently completed similar services within the past three (3) years with other public or private agencies. • List of at least three (3) client references to include organization name, contact person, telephone number (s), and e-mail address. • Litigation Summary. Section 3 — Price Proposal • Exhibit B Section 4 — Other Required Content • Forms listed on Table of Contents as to be submitted with your proposal. • Bid Security. RFP11 - 004 Small Construction Projects Term Contract 18 26. SELECTION CRITERIA: The criteria for making an award recommendation are: 1. Ability to rapidly mobilize and respond (0 — 30 points) 2. Resources (personnel, equipment, machinery, etc.) (0 — 30 points) 3. Previous similar experience, licensing, and references (0 — 20 points) 4. Price proposal (0 — 20 points) A City selection committee will review and evaluate each Respondent's submittal and will short -list and recommend to the City Commission one or more qualified firms to provide the requested services. It is anticipated that awards may be made separately for one or more of the following types of work: • Concrete forming and finishing • Asphalt paving, milling, and resurfacing • Underground construction • Minor building construction A single firm may submit separate price proposals for each category of work, all categories, or any combination of categories. The City reserves the right, before awarding the contract, to require a Respondent to submit such additional evidence of its qualifications, as the City 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 are to become the property of the City. (Remainder of page left blank intentionally) RFP11 -004 Small Construction Projects Term Contract 19 f - EXHIBIT "A" SCOPE OF WORK RFP #11 -004 SMALL CONSTRUCTION PROJECTS TERM CONTRACT GENERAL This solicitation is for qualified contractors to perform small construction projects, which are defined as those valued at less than $200,000. The City intends to award contracts to one or more qualified contractors based on bid labor rates, ability of contractor to perform the required work, satisfaction of required insurance, proximity of the contractor's office to the City, and a successful reference check. Contractor(s) selected by the City will provide construction services to the City on an as- needed basis; there is no guaranteed minimum dollar amount for actual construction. The scope of work to be performed under task orders issued under this contract may consist of, but will not necessarily be limited to, the following: • Concrete sidewalk, aprons, and driveways, various widths and depths • Concrete slabs and headwalls, various widths and depths • Mitered end sections, various sizes • Spillways, various widths and lengths • Retaining walls, various heights and lengths • Asphalt paving, milling, and resurfacing • Underground pipe installation • Drainage structures • Limerock and crushed concrete base material • Vertical curbs, various types and lengths • Curb & gutter, various types and lengths • Minor building construction Task Orders and Payment Task orders will be issued by the City to the selected contractor(s) for projects using a scope of work and purchase order for each project. More than one Contractor may be asked to provide a price proposal for a single project prior to issuance of the task order. Multiple awards may be made for a single project when no one Contractor offers all services that may be required over the term of the contract or to provide the City with greater production capacity. When a need arises, the City's project manager will prepare and e-mail or fax a brief description and /or plans for the required task and project schedule to one or more Contractors. Each request from a project manager shall include a specific project number and a financial account information number for funding. Within the allotted period of time, the Contractor(s) shall e-mail or fax a lump sum proposal for requested work to the City's project manager based upon the approved labor rates provided in the contract documents and material costs. Following evaluation of price proposal(s), the City may issue a purchase order to the selected firm for the work. No work shall commence until the verification of purchase order issuance. Invoicing for completed work shall be submitted to the City's project manager for processing and submission for payment using the following form; monthly progress payments are permitted for longer projects based on work completed by the Contractor and accepted by the City: - 4 Small Construction Projects Term Contract 20 RFP11 00 S a 1 APPLICATION AND CERTIFICATION FOR PAYMENT FORM Application No. Progress Payment Final Payment Contractor: Contract Date: Application Date: For Period Ending City Project No.: Account No.: P.O. No.: Project Name: Construction Start Date: End Date: Construction Days - Elapsed: Remaining: 1. Original Contract Amount $ 2. Sum of Approved Change Orders to Date (from Table) $ 3. Current Contract Amount (Sum of Lines 1 and 2) $ 4. Total of Prior Pay Applications (including Retainage) $ 5. Amount of this Pay Application (including Retainage) $ 6. Total Earned to Date (Sum of Lines 4 and 5) $ 7. Total Paid to Contractor by City to Date $ 8. Retainage Held from Prior Pay Applications $ 9. Retainage to Be Held in this Pay Application $ 10. Total Retainage Held to Date (Sum of Lines 8 and 9) $ 11. Total Earned to Date less Retainage (Line 6 minus Line 10) $ 12. Total to Be Paid (Line 11 minus Line 7) $ Approved Change Orders Change Date Approved Date Accepted Total Change in Order No. by City by Contractor Contract Price Total (Write in Line 2, above) RFP11 -004 Small Construction Projects Term Contract 21 Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated , 20 (Contractor) By: (Name) (Title) COUNTY OF STATE OF Before me on this day of , 20_, personally appeared , known to me, who being duly sworn, deposes and says that (s)he is the of the Contractor above mentioned; that(s) he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Notary Public My Commission Expires Payment shown on Line 11 is recommended by City's Resident Project Representative By: Date: (Authorized Signature) Owner's Approval By: (Authorized Signature) Date: (Title) RFP11 -004 Small Construction Projects Term Contract 22 � Contractor Licensing and Project Permitting The prime contractor submitting a proposal must hold either a Florida contractor's license appropriate for the work proposed. The party responsible for all work related to improvements that must conform to the requirements of the Florida Building Code, which may be a subcontractor, will be required to hold a State of Florida General Contractor, Underground Contractor, or Building Contractor license, as may be appropriate for the nature of the work. A City of Ocoee building permit will be required for any such improvement. Contractor will be required to secure the building permit, the cost of which will be waived by the City, and to schedule and pass related inspections performed by City staff. A state - licensed electrician will be required to secure a building permit for the electrical power requirements of the work, if any. Plumbing work is not anticipated. Specialty contractor licenses required by State laws and regulations must be held by any specialty subcontractor used on a project but Respondents need not identify them in their proposal. Shop Drawings Where required for the project, the Contractor shall furnish shop drawings to the City in sufficient time to allow a thorough review by City staff while not delaying progress of the work. Shop drawings shall be provided as three complete sets of drawings and specifications. Two sets will be returned to the Contactor; the City will retain one set. All sets returned to the Contactor will be stamped by the City indicating its decision as to the acceptability of the proposed material and manner of incorporation into the work. Any work not provided or installed in accordance with the approved shop drawings and /or the plans and specifications will be rejected by the City and must be replaced with acceptable material and /or workmanship prior to payment. Construction Schedule For most efforts anticipated under this solicitation, the construction period will be 60 days to substantial completion and 90 days to final completion. A definitive schedule will be made a part of any task order issued. Substantial completion is the point where all facilities may be used for the purpose intended with no significant "punch list" items remaining to be resolved. Note that there will generally be no restoration phase of any project undertaken through this solicitation. Each work item will include related restoration work as part of the effort. Thus, any facility for which restoration has not been completed and accepted by the City cannot be considered to have reached the point of substantial completion. The Contractor will be required to furnish a confirmed start date and construction phasing schedule to the City at the preconstruction conference so the period of construction can be determined for each part of the work. The City can delay the start date shown on the task order to allow a reasonable time for approval of shop drawings, mobilization, and similar start -up actions. The City may levy liquidated damages in the amount of $250 for each day beyond the final completion date shown on the Notice to Proceed. The number of unfavorable weather days that should be included in any construction period is equal to five days per month. The City will evaluate any time extension sought by Contractor in light of these built -in time considerations. Night and weekend work may be permitted in special situations by written agreement. Warranty Period The construction warranty period begins on the date of substantial completion, which will be recorded using a certificate issued by the City and acknowledged by the Contractor. The minimum warranty period is one year. The City will perform periodic inspections of the work and RFP11 - 004 Small Construction Projects Term Contract 23 note any items that require correction. Unless a discovered defect poses a danger to the public or may lead to further damage to the affected improvement if not corrected, the City will normally wait to compile a list of all required corrective actions and transmit it to the Contractor near the end of the warranty period. The period allowed for correction of all noted warranty repair issues is generally 30 days, but this period may be extended in consideration of the need to fabricate or receive necessary materials, arrange for the work to be performed by a qualified subcontractor, and other reasonable causes. The notice of required corrective action will include the period allowed for correction. The City may levy liquidated damages in the amount of $250 for each day beyond the final warranty work completion date shown on the notice. Any corrective work provided may be subject to a warranty extension determined by the City, but in no case longer than one year in duration from the date of correction. Maintenance of Traffic It shall be the Contractor's responsibility to maintain traffic in accordance with the latest version of the M.U.T.C.D. standards. Lane closures are not permitted in the peak direction of traffic from 7:00 to 9:00 AM, and 4:00 to 6:00 PM. Plans & Permits City may or may not provide any plans for the projects depending on the complexity of work to be performed. Contractor shall apply for a permit for each project. Permit fees are not required for the City issued permits. Cost of permits from other agencies (if applicable) shall be included in Contractor's cost proposal. For some projects, the Contractor will be required to sign a Confidential Disclosure Agreement in order to protect design information for certain facilities, which are exempt from disclosure under the public records laws of Florida. Conformance and Quality Inspections City will accept each project after an inspection of the final product. This inspection is in addition to any conducted by the City's Building Division pursuant to the requirements of the Florida Building Code. Failure of the City to detect problems shall not relieve the Contractor from its obligation to provide quality work in accordance with industry standards. Governing Standards Unless otherwise explicitly expressed in writing, all work performed under this contract shall be in accordance with the Florida Building Code in effect at the time of purchase order issuance, published Florida DOT standards, Orange County codes and standards, and City of Ocoee engineering and utility standards, as may be applicable. Other Requirements All projects shall include demolition of existing structures, disposal of debris, preparation, and forming, as required, even if not explicitly included on a task order. It shall be the responsibility of the Contractor to locate all underground utilities prior to new construction. Any and all damages caused by the Contractor shall be repaired at the expense of the Contractor and to the satisfaction of the owner. Unit Prices Any contract awarded under this solicitation shall be based upon fixed labor costs and variable material costs. The fixed costs are subject to annual escalations, as described below. RFP11 -004 Small Construction Projects Term Contract 24 Labor Rate - Contractor shall submit standard loaded (includes all company overhead, benefits, etc.) labor rates to be used for a period of one year from date of the award of the contract. Labor rates shall be subject to automatic 3% escalation for each subsequent year up to the termination of the contract. Contractor may request a higher or lower increase each year at least sixty (60) days prior to renewal date of the contract. In their request, contractor must provide reliable and verifiable justification for the unit cost adjustments. The City's project manager upon review of the justification may approve or deny the request. The rate escalation beyond 3% (if requested) shall be subject to approval by the City Manager. Material Cost — Due to the unpredictable nature of the material costs, the Contractor will be able to present material costs in their cost estimate to the City for each task order. The Contractor shall provide reasonable and verifiable back -up information for the material costs. Mobilization Charges — Mobilization charges shall be limited to 10% of the work order but no more than $2,000.00 total and must be explicitly included in any price proposal. Maintenance of Traffic (MOT) Charges — MOT charges shall be limited to $250.00 for category 1 and $500.00 for category 2 per work order, as described below. Contractor may propose a lower rate than indicated. Category 1 projects are those where the work is adjacent to roadway with no lane closures. Category 2 projects are those where the work is in the traveled way of the roadway. MOT charges must be explicitly stated on the price proposal. (Remainder of page left blank intentionally) RFP11 -004 Small Construction Projects Term Contract 25 Exhibit "B" RFP #11 -004 PROPOSAL FORM SMALL CONSTRUCTION PROJECTS TERM CONTRACT Applicable Type of Work (check all that apply): Concrete forming and finishing Asphalt paving, milling, and resurfacing Underground construction Minor building construction Other: Labor Category Hourly Rate Daily Rate Superintendent $ $ Foreman $ $ Heavy Equipment Operator $ $ Equipment Operator $ $ Skilled Laborer $ $ Semi - skilled laborer $ $ Laborer $ $ Flagperson $ $ Other: $ $ Other: $ $ Other: $ $ Respondent is to indicate the job title for any entries under the "Other" labor category. Daily rate should be equal to or less than eight times the hourly rate. All labor rates should be fully loaded with direct and indirect costs. The only other normally permitted task order charges are those for material, mobilization, and MOT. Unit costs prepared by: Date: Print Name/Title: Firm: RFP11 -004 Small Construction Projects Term Contract 26 RFP #11 -004 COMPANY INFORMATION /SIGNATURE SHEET FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFP INSTRUCTIONS, AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. COMPANY NAME TELEPHONE (INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E -MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME /TITLE (PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID # Individual Corporation Partnership Other (Specify) Sworn to and subscribed before me this day of , 20 . Personally Known or Produced Identification Notary Public - State of (Type of Identification) County of Signature of Notary Public Printed, Typed or Stamped Commissioned Name of Notary Public RFP11 -004 Small Construction Projects Term Contract 27 EXHIBIT "C" PROPOSED CONTRACT FOR CONSTRUCTION RFP #11 -004 SMALL CONSTRUCTION PROJECTS TERM CONTRACT NOTICE: Owner reserves the right to alter any contract provisions shown in this example. THIS AGREEMENT is dated as of the day of in the year by and between the City of Ocoee, a municipal corporation, hereinafter called Owner, and , hereinafter called Contractor. Owner and Contractor, in consideration or the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK This Agreement applies to the construction of small projects, which are those costing less than $200,000, upon issuance of a task order that describes the nature of the work and a purchase order that authorizes work to begin. Contractor shall complete all work as specified or indicated in task orders and any related plans and specifications that may be part of the task order. ARTICLE 2. ARCHITECT AND ENGINEER Although project plans may be prepared by City staff or consultants, the City Engineer or his designee is to act as Owner's representative, assume all duties and responsibilities of the project engineer, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the work. ARTICLE 3. CONTRACT TIME 3.1 The work shall be substantially complete (i.e., all work is complete except for the placement of permanent pavement markings on all final asphaltic concrete surfaces and other minor elements that do not effect suitability for use) within the number of calendar days indicated on each task order. The entire work shall be complete and ready for its intended use, including final dressing and cleanup, within the number of calendar days specified on the task order. All time periods begin from the effective date of the purchase order. 3.2 Placing of permanent pavement markings on all final asphaltic concrete surfaces, if applicable, shall not be accomplished before thirty (30) calendar days have elapsed after placement of the final surfaces. 3.3 Contractor recognizes that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General and Supplementary Conditions. Contractor acknowledges that proving the actual loss and damages suffered by Owner if the work is not completed on time is impracticable and not susceptible to exact calculation. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Hundred Dollars ($200.00) for each day that expires beyond the substantial RFP11 -004 Small Construction Projects Term Contract 28 completion date and Two Hundred Fifty Dollars ($250.00) for each day that expires beyond the final completion date. 3.4 In addition to the liquidated damages, there shall be additional incidental damages paid by the Contractor to the Owner for failure to timely complete the work. These may include, but not be limited to, delay damage settlements or awards owed by Owner to others, inspection and engineering services, interest and bond expense, delay penalties, fines or penalties imposed by regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred by Owner in connection with Contractor's failure to timely complete the work. 3.5 In addition to liquidated damages and incidental damages arising from Contractor's failure to perform the work, Contractor may be required to repay Owner for the cost of corrective actions undertaken by Owner to resolve construction defects. Such corrective actions include, but are not limited to, restoration of damaged areas, clearing of reclaimed water customer facilities to remove construction debris, repair and replacement of damaged reclaimed water customer equipment, and emergency repairs to the reclaimed water distribution system during the one -year warranty period. ARTICLE 4. CONTRACT PRICE 4.1 Owner shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Form, which is incorporated herein and made a part hereof by this reference, as determined by the Contractor's proposed price for each task order. The authorizing purchase order sets the maximum price to be paid for the project. 4.2 The Contractor agrees that the Contract Price is a stipulated sum except with regard to those items in the bid which are subject to unit prices and agrees to perform all of the work as described in the Contract Documents, subject to additions and deductions by Change Order, and comply with the terms therein for the Bid stated in the attached Bid Form. 4.3 The labor prices included in the Bid Form and all the terms and conditions of the original RFP, any subsequent addenda, and the Contractor's proposal are hereby incorporated by reference and made a part of this Agreement. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit applications for payment in accordance with the following direction. Applications for payment will be processed by Engineer. 5.1 Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's properly submitted and approved Applications for Payment, as recommended by Engineer, not later than the Twenty -fifth (25 business day after the date on which the properly submitted Application For Payment is initially received by the Owner.. 5.1.1 Progress payments will be made in an amount equal to the percentage indicated in Paragraph 5.1.2, below, but, in each case, less the aggregate of payments RFP11 -004 Small Construction Projects Term Contract 29 previously made and less such amounts as Engineer shall determine, or Owner may withhold. 5.1.2 Progress payments shall be equal to ninety percent (90 %) of the value of work completed, and ninety percent (90 %) of the value of materials and equipment not incorporated into the work but delivered and suitably stored and accompanied by documentation satisfactory to Owner, with the balance of the value of the work being retainage. However, when the work has reached the point of being fifty percent (50 %) complete, the retainage may not exceed five percent (5 %) of the value of the work completed. 5.2 Final Payment - Upon final completion and acceptance of the work, Owner shall pay Contractor an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2% ) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals, as applicable, are delivered to and accepted by the Engineer. ARTICLE 6. INTEREST All monies not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the rate of 6% simple interest per annum. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2 Contractor has become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishings of the work. 7.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the work. 7.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities). 7.5 For each task order, Contractor will obtain and carefully study (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect costs, progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be RFP11 -004 Small Construction Projects Term Contract 30 1 employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.6 For each task order, Contractor will make itself aware of the general nature of work to be performed by Owner and others at the site that relates to the work as indicated in the Contract Documents. 7.7 For each task order, Contractor will correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.8 For each task order, and prior to beginning work, Contractor will give Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer must be acceptable to Contractor, and the Contract Documents found to be generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 7.9 Contractor shall perform all work with a value of not less than fifty percent (50 %) of the Contract Price with his own forces. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between Owner and Contractor concerning the work, are attached to this Agreement, made a part hereof, and consist of the following: 8.1 This Scope of work Agreement. 8.2 Exhibits to this Scope of work Agreement (if any). 8.3 Certificates of Insurance. 8.4 Any task order and purchase order related to specific work to be performed by Contactor. 8.5 Addenda numbers to _, inclusive. 8.6 Contractor's proposal. 8.7 Other documentation submitted by Contractor prior to Award. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented, in writing upon mutual agreement of the parties. RFP11 -004 Small Construction Projects Term Contract 31 ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement that are defined elsewhere in the Contract Documents shall have the meanings indicated therein. 9.2 No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 9.3 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.4 Chapter 558, Florida Statutes: The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. 9.5 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contract and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. 9.6 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on his behalf. This Agreement shall be effective on , CONTRACTOR: BY: PRINT NAME: TITLE: RFP11 -004 Small Construction Projects Term Contract 32 1 CONTRACTOR'S WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE, FLORIDA ATTEST: APPROVED: BY: BY: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON this _ day of , under Agenda Item FOLEY & LARDNER, LLP BY: Paul Rosenthal, City Attorney RFP11 -004 Small Construction Projects Term Contract 33