Loading...
HomeMy WebLinkAboutItem E(04) Consideration to Reject Bid #B04-11 Term Contracts for Concrete Construction the Center of Good z, o AGENDA ITEM COVER SHEET Meeting Date: 1217/04 Item # 4 Reviewed By: Contact Name: Joyce Tolbert Department Director: Contact Number: 1516 City Manager: • Background Summary: The City intended to award contracts to two (2) Contractors for construction of sidewalks, ramps, driveways, slabs, gutters, spillways, vertical curbs etc. on an as needed basis for a period of three (3) years. The anticipated budget for various concrete work is $50,000 annually, based on this fiscal year's projects. The rejection is based on inconsistent pricing and generally failing to meet the intent of the solicitation. Staff has no intention of re-advertising this bid at this time, and will obtain quotes and/or use other government's contracts on a per project basis. Issue: Reject all bids for Term Contract for Concrete Construction. Recommendations Staff recommends that the City Commission reject the bids received from American Persian Engineers & Constructors, Inc. (APEC), and Gibbs & Register, Inc. for Bid #B04-11 Term Contract for Concrete Construction. Attachments: 1. Bid#B04-11 2. Contractor Bids 3. Bid Tabulation 4. Memo from Public Works Director Financial Impact: N/A Type of Item: ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ❑ Consent Agenda ❑ Ordinance First Reading 0 Public Hearing ❑ Resolution 0 Regular Agenda • Commission Approval ❑ Discussion&Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney ❑ N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A Mayor Abe center ry of Good L � Commissioners S. Scott Vandererift 44 S. Danny Howell, District 1 Scott Anderson, District 2 City Manager 1 Rusty Johnson, District 3 Robert Frank tF � Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Joyce Tolbert, Purchasing Agen DATE: November 29, 2004 RE: Rejection of Bid#B04-11 Term Contract for Concrete Construction ISSUE Reject all bids for Term Contract for Concrete Construction. BACKGROUND/DISCUSSION The City intended to award contracts to two (2) Contractors for construction of sidewalks, ramps,driveways, slabs, gutters, spillways, vertical curbs etc. on an as needed basis for a period of three (3)years. The anticipated budget for various concrete work is $50,000 annually, based on this fiscal year's projects. The bid was advertised on August 1, 2004 and opened on September 1, 2004. There were two (2)responses to this bid: 1. American Persian Engineers & Constructors Per unit price 2. Gibbs & Register Per unit price Attached is a copy of the specifications for this project, and the bid form from both bids, along with the bid tabulation. The original bids are available in the Finance Department for your review. The bid was reviewed by the Public Works and Finance Departments. Per the attached memorandum from Bob Zaitooni, Public Works Director, Staff recommends rejecting the bids from APEC and Gibbs &Register due to inconsistent pricing and generally failing to meet the intent of the solicitation. Because both contractors would be used on a rotating basis and the price inconsistency between both bids,the work could not be distributed equitably. At this point, the bids have reached the ninety (90) day expiree date. Staff has no intention of re- advertising this bid at this time, and will obtain quotes and/or use other government's contracts on a per project basis. Center of Good Liv Mayor �b l� Commissioners S. Scott Vandergrift . l� Danny Howell, District 1 Scott Anderson, District 2 City Manager A _COE Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 MEMORANDUM TO: Joyce Tolbert, Finance FROM: Bob Zaitooni,Public Works DATE: November 23,2004 RE: Bid #B04-11 —Term Contract for Concrete Construction Please reject all bids received(2 bids) for Bid#B04-11 due to inconsistent pricing and generally failing to meet the intent of the solicitation. We have no intention of re-advertising this Bid at this time. If you have any questions or require additional information,please contact me at extension 6002. RZ The City of Ocoee Public Works•301 Maguire Road•Ocoee,Florida 34761 phone: (407)905-3170•fax: (407)905-3176•www.ci.ocoee.fl.us B04-11 Term Contract for Concrete Construction Bid Tabulation ry Item Units Work Order Unit Price Unit Price Quantity Range Maintenance of Traffic L.S. 1 $ 2,500.00 $ 750.00 4"Concrete Sidewalk S.Y. Less than 25 $ 995.00 $ 55.00 25 to 50 $ 750.00 $ 50.00 Over 50 $ 50.00 $ 45.00 6"Concrete Sidewalk S.Y. Less than 25 $ 1,050.00 $ 70.00 25 to 50 $ 850.00 $ 60.00 Over 50 $ 75.00 $ 55.00 4"Concrete Apron/Driveway S.Y. Less than 40 $ 995.00 $ 55.00 Over 40 $ 60.00 $ 50.00 6"Concrete Apron/Driveway S.Y. Less than 40 $ 1,050.00 $ 70.00 Over 40 $ 70.00 $ 60.00 Curb,FDOT Type A or B L.F. Less than 25 $ 150.00 $ 50.00 25 to 100 $ 125.00 $ 45.00 Over 100 $ 30.00 $ 35.00 Curb&Gutter,FDOT Type E or F L.F. Less than 25 $ 150.00 $ 50.00 25 to 100 $ 125.00 $ 45.00 Over 100 $ 30.00 $ 30.00 12"Steel Reinforced Retaining Wall L.F. Less 2'high $ 500.00 $ 200.00 2'to 4'high $ 750.00 $ 400.00 4'to 6'high $ 1,000.00 $ 700.00 4"Concrete Spillway S.Y. 2'wide $ 1,800.00 $ 90.00 4'wide $ 3,600.00 $ 80.00 Handicap Ramp(FDOT Standards) Each 1 $ 1,000.00 $ 1,750.00 2 to 3 $ 750.00 $ 1,600.00 4 or more $ 650.00 $ 1,450.00 B04-11 Term Contract for Concrete Construction Bid Tabulation • Bid Security yes yes License Check yes yes (1)Signed Original(2)Copies yes yes List of Subcontractors yes yes Equipment Listing yes yes References yes yes Summary of Litigation yes yes Copy of Insurance Certificate yes yes Acknowledge Addendum No. 1 yes yes CITY OF OCOEE 011111111 BID#B04-11 BID FORM TERM CONTRACT FOR CONCRETE CONSTRUCTION Item Units Work Order Unit Price Quantity Range Maintenance of Traffic L.S. 1 S ,L ' 4"Concrete Sidewalk S.Y. Less than 25 $ (]fl 5—' 25 to 50 $ 150 Over 50 $ . 6"Concrete Sidewalk S.Y. Less than 25 $ 1050- 25 to 50 $ ?)5D-- Over 50 $ 1 S.-- 4" .4"Concrete Apron/Driveway S.Y. Less than 40 $ q n s Over 40 $ a� 6"Concrete Apron/Driveway S.Y. Less than 40 $ 'D5-1)-- Over 40 $ b Curb,FDOT Type A or B L.F. Less than 25 $ 25 to 100 $ 25 — Over 100 $ 30 Curb&Gutter,FDOT Type E or F L.F. Less than 25 $ 25to100 $ 1,as— Over 100 $ 30- 12" 012" Steel Reinforced L.F. Less 2'high $ Retaining Wall 2'to 4'high $ I St- 4'to 6'high $ f DOD 4"Concrete Spillway S.Y. 2'wide $ 1 �' 4'wide $ 5O!,)DrY Handicap Ramp(FDOT Standards) Each 1 $ 1 MD., 2 to 3 $ Igr 4 or more $ LISV- L.S.=Lump Sum,S.Y.=Square Yards,L.F.=Linear Foot Unit costs prepared by: -TOM WM., Date: 8 31\ D Title: \)1 ei) 1'1"C'�1Cle..4 Firm: tintY1CD.l WrEfO►ri br,inai S 1- rAY)SiYUC ies. B04-11 21 CITY OF OCOEE BID#B04-11 BID FORM TERM CONTRACT FOR CONCRETE CONSTRUCTION Item Units Work Order Unit Price Quantity Range Maintenance of Traffic L.S. 1 $ —15O o0 4"Concrete Sidewalk S.Y. Less than 25 $ 55.1 25to50 $ 50m Over 50 $ 5.00 6"Concrete Sidewalk S.Y. Less than 25 $ leo0 25 to 50 $ W2)00 Over 50 $ 55•eo 4"Concrete Apron/Driveway S.Y. Less than 40 $ 55.aa Over 40 $ �rc)..az 6"Concrete Apron/Driveway S.Y. Less than 40 $ 10eA Over 40 $ LOC• oo Curb,FDOT Type A or B L.F. Less than 25 $ 50 o0 25 to 100 $ 1.1/45°� Over 100 $ 36vo Curb&Gutter,FDOT Type E or F L.F. Less than 25 $ 00 .50 25 to 100 $ 1,5 co Over 100 $ 3C=1.co 12" Steel Reinforced L.F. Less 2'high $ Z COad Retaining Wall 2'to 4'high $ 1400 4'to 6'high $ ocz 4"Concrete Spillway S.Y. 2'wide $ q 4'wide $ o0 Handicap Ramp(FDOT Standards) Each 1 $ —r 7`3 2to3 $ DO Ick. 4 or more $ 1 o0 L.S.=Lump Sum,S.Y.=Square Yards,L.F.=Linear Foot Unit costs prepared by: JOHN W. GIBBS Date: SEPTEMBER 1, 2004 Title: PRESIDENT Firm: GIBBS & REGISTER, INC. B04-11 21 e Center of Good Liv Mayor �b "°— lll�, Commissioners S. Scott Vandergrift • . t' • Danny Howell, District 1 Scott Anderson, District 2 City Manager � �� Rusty Johnson, District 3 Robert Frank =. ` Nancy J. Parker, District 4 CITY OF OCOEE INVITATION TO BID #B04-11 TERM CONTRACT FOR CONCRETE CONSTRUCTION City of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761 phone: (407)905-3100 •fax: (407)656-8504 •www.ci.ocoee.fl.us BID DOCUMENTS 3 Legal Advertisement 4 thru 6 Invitation to Bid#B04-11 7 thru 15 General Terms & Conditions 16 Subcontractors/Equipment Listing 17 References/Summary of Litigation SCOPE OF WORK/BID FORM 18 thru 20 Scope of Work/Special Conditions 21 Bid Form 22 Company Information/Signature Sheet END OF TABLE OF CONTENTS B04-11 2 LEGAL ADVERTISEMENT Ocoee City Commission Sealed bids will be accepted for Bid #B04-11, TERM CONTRACT FOR CONCRETE CONSTRUCTION, no later than 2:00 PM, local time, on September 1, 2004. Bids received after that time will not be accepted or considered. No exceptions will be made. The City reserves the right to reject any and all bids and waive informalities. The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) is soliciting bids from qualified contractors with specialty in concrete work for construction of sidewalks, ramps, driveways, slabs, gutters, spillways, vertical curbs, curb & gutter, etc. The City intends to award contracts to two (2) qualified contractors based on unit prices, ability of contractor to perform the required work, satisfaction of required insurance, and a successful reference check. Contractor selected by the City will provide construction services to the City on an as needed basis, based upon task orders to be issued by the City under the contract. The contract shall automatically be renewed annually unless terminated by the City in writing, for a maximum of three (3) years from the date of the execution. City reserves the right to terminate the contract for non-performance given thirty (30) days written notice and payment for completed work. A Pre-Bid Conference will be held on August 17, 2004 at 10:00 A.M. in the City Hall Conference Room at Ocoee City Hall, 150 N. Lakeshore Drive, Ocoee, Florida. No further questions or concerns will be accepted following the Pre-Bid Conference. All respondents will be held liable for contents as presented at the Pre-Bid Conference. A Bid Security in the amount of 5% of the bid price must accompany each bid. All bids shall be submitted as one (1) original and two (2) copies of the required submittals, in a sealed envelope plainly marked on the outside with the appropriate bid number and opening date and time. Bids will be received in the City of Ocoee, Attn: Buyer, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258. Bids will be publicly opened and read aloud in the City Hall Conference Room on the above-appointed date at 2:01 PM, local time, or as soon thereafter as possible. Interested firms may secure a copy of the bid documents through Demandstar by accessing the City's website at www.ci.ocoee.fl.us under Bids/Vendors, or copies are available from the contact person identified above for a non-refundable reproduction and/or administrative fee of $20.00. Checks should be made payable to the City of Ocoee. Copies via e-mail are not available and partial sets of bid documents will not be issued. No fax or electronic submissions will be accepted. City Clerk August 1, 2004 B04-11 3 CITY OF OCOEE INVITATION TO BID #B04-11 TERM CONTRACT FOR CONCRETE CONSTRUCTION INTENT: Sealed bids for Bid #B04-11 will be received by the City of Ocoee, hereinafter called "The City", by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called"Respondent". The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for various Concrete Construction Projects for the City of Ocoee as listed under the "Scope of Work/Bid Form" section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each respondent shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil. No erasures permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and should be properly witnessed and attested. All bids should also include the name and business address of any person, firm or corporation interested in the bid either as a principal, member of a firm or general partner. If the respondent is a corporation, the bid should include the name and business address of each officer, director, and holder of 10% or more of the stock of such corporation. B. Any questions or concerns regarding this bid should be addressed in writing to the Finance Department, City of Ocoee, FL, Attention: Buyer (407)905-3100, extension 1516 and fax (407)656-3501, not later than August 17, 2004. Any clarifications/changes will be through written addenda only, issued by the Finance Department. Respondents should not contact City staff, with the exception of the Buyer, 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 September 1, 2004. 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: Buyer 150 N Lakeshore Drive Ocoee, FL 34761-2258 B04-11 4 D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as possible on the above-appointed date. Respondents or their authorized agents are invited to be present. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. E. All respondents shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Cashier's or Certified check or Bid Bond; b) Copy of Insurance Certificate; c) List of References/Experience; d) List of Subcontractors/Temporary Worker Agencies; e) Equipment Listing; f) Summary of Litigation; g) Any other information specifically called for in these Bid Documents. F. Submission of a bid shall constitute an acknowledgment that the respondent has complied with Paragraph E. The failure or neglect of a respondent to receive or examine a bid document shall in no way relieve it from any obligations under its bid or the contract. If "NO BID", so state on face of envelope or your company may be removed from the City's vendor list. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work. All items quoted shall be in compliance with the bid documents/scope of work. G. A Pre-Bid Conference will be held on August 17, 2004 at 10:00 AM in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258. The conference will include a review of the bid documents, a question and answer period and a familiarization site visit, if applicable. All respondents will be held liable for contents as presented at the pre-bid conference. No further questions or concerns will be accepted following the Pre-Bid Conference. H. Any response by the City to a request by a respondent for clarification or correction will be made in the form of a written addendum which will be mailed, e-mailed or faxed by Demandstar, or the City if applicable, to all parties to whom the bid packages have been issued. The City reserves the right to issue Addenda, concerning date and time of bid opening, clarifications, or corrections, at any time up to the date and time set for bid opening. In this case, bids that have been received by the City prior to such an addendum being issued, will be returned to the respondent, if requested, unopened. In case any respondent fails to acknowledge receipt of any such Addendum in the space provided on the Addendum and fails to attach the Addendum to the respondent's bid, its' bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Respondents are cautioned that any other source by which a respondent receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. B04-11 5 I. Any of the following causes may be considered as sufficient for the disqualification of a respondent and the rejection of its bid: a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among respondents; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; d) Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on prior projects which, in the City's judgment and sole discretion, raises doubts as to Respondent's ability to properly perform the work; or e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Respondent or the rejection of its bid. No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid opening. The City reserves the right to accept or reject any or all bids, to waive informalities or irregularities, to request clarification of information submitted in any bid, or to readvertise for new bids. The City may accept any item or group of items of any bid, unless the respondent qualifies his/her bid by specific limitations. Award, if made, will be to the most responsible and responsive respondent whose bid, in the City's opinion, will be most advantageous to the City, price and other factors considered. The City reserves the right, to aid it in determining which bid is responsible, to require a respondent to submit such evidence of respondent's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the award of any and all bids. B04-11 6 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by a Cashier's/Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5%) of the amount of the bid. A combination of any of the former is not acceptable. Cash will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City, then such respondent shall be liable to the City in the full amount of the check or bid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety acceptable to the City and authorized to do business in the State of Florida and signed by a Florida licensed resident agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required bond and required insurance coverage is to be included in the respondent's overhead and is not eligible for reimbursement as a separate cost by the City. e) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE AND PAYMENT BONDS a) The Successful Respondent shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City and authorized to do business in the State of Florida and signed by a Florida Licensed Resident Agent. b) The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. B04-11 7 3. DEFAULT: As a result of bids received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 4. PATENT INDEMNITY: Except as otherwise provided, the successful respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder. • 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached, to include any alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the Scope of Work/Bid Sheet. A total shall be entered for each item bid. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the bidder and the City assumes no responsibility for such costs incurred by the bidder. By submission of this bid, the Respondent certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, that in connection with this procurement: a) The Respondent represents that the article(s) to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other respondent or with any competitor; c) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Respondent and will not knowingly be disclosed B04-11 8 by the Respondent prior to opening, directly or indirectly to any other respondent or to any competitor; d) No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (Florida SS 542.18 and all applicable federal regulations); e) Respondent warrants the prices set forth herein do not exceed the prices charged by the respondent under a contract with the State of Florida Purchasing Division; and f) Respondent agrees that supplies/services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Respondent gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible bidder according to the following criteria: • Compliance with specifications,terms, and conditions • Bid price • Warranty offered • Delivery time • Experience with similar work • Successful reference check B04-11 9 9. LITERATURE: If required by the Bid Schedule, or the specifications, descriptive literature/brochures shall be included with this bid in order to properly evaluate make/model offered. Bids submitted without same may be considered non-responsive and disqualified. 10. DISPUTES: Any bidder who disputes the reasonableness, necessity, or competitiveness of the terms and/or conditions of the Invitation to Bid, selection or award recommendation shall file a protest in writing to Joyce Tolbert, Buyer not later than seventy-two (72) hours after the "Notice of Intent to Award" is issued. 11. PAYMENT TERMS: Payment will be based upon monthly draws equal to the percentage of work complete less 10% retainage to be paid when job is complete, unless otherwise stated in the contract. See Scope of Services/Assignment Procedures Section. Payment for work completed will be made within(30) days of approved invoice. No payment will be made for materials ordered without proper purchase order authori- zation. Payment cannot be made until materials, goods or services, have been re- ceived and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales &Use Tax Exemption Certificate No. 58-00-094593-54C; and • The City is exempt from federal excise, state, and local sales taxes. 12. CONTRACT: The successful Respondent, hereinafter referred to as "Contractor" will be required to enter into a contract with the City. The contract shall mean a written agreement or City issued purchase order. The City intends to award contracts to two (2) qualified contractors based on unit prices, ability of contractor to perform the required work, satisfaction of required insurance, and a successful reference check. Contractor selected by the City will provide construction services to the City on an as needed basis, based upon task orders to be issued by the City under the contract. The contract shall automatically be renewed annually unless terminated by the City in writing, for a maximum of three (3) years from the date of the execution. City reserves the right to terminate the contract for non-performance given thirty (30) days written notice and payment for completed work. The City may in its sole discretion award any additional work, whether in the existing areas, or in any additional area, or any additional area, to any third party, or such work may be performed by the City's employees. Contractor will be expected to cooperate with any or all other Contractors who may be performing work for the City. B04-11 10 13. SAFETY REQUIREMENTS: The Respondent guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 1) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc. 14. DRUG-FREE WORKPLACE: If applicable, provide a statement concerning the Respondent's status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. B04-11 11 15. CERTIFICATION OF NON-SEGREGATED FACILITIES The Respondent certifies that the respondent does not and will not maintain or provide for the respondent's employees any segregated facilities at any of the respondent's establishments and that the respondent does not permit the respondent's employees to perform their services at any location, under the respondent's control, where segregated facilities are maintained. The Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Respondent agrees that (except where the respondent has obtained identical certification from proposed contractors for specific time periods) the respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the respondent will retain such certifications in the respondent's files. The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. STATEMENT OF AFFIRMATION AND INTENT: The respondent declares that the only persons, or parties interested in their bid are those named herein,that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the respondent agrees to immediately notify the City in writing. The respondent further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made B04-11 12 according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, respondent offers and agrees that if this negotiation is accepted, the respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti- trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the respondent. The bid constitutes a firm and binding offer by the respondent to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." All respondents who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133, (2)(a), Florida Statutes. 18. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate payments will be made. b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's Protective Inspections Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the contractor. B04-11 13 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 and 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 take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all the Contractor's employees connected with the work of this project and, in any case 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. c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, as shall protect the Contractor 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 • $1,000,000 Combined single limit per occurrence (each person, each accident) 2) AUTOMOBILE PROPERTY DAMAGE LIABILITY • $1,000,000 Combined single limit per occurrence 3) COMPREHENSIVE GENERAL LIABLILITY - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary over the insurance of the City of Ocoee. • $1,000,000 PROPERTY DAMAGE LIABILITY (other than automobile) Combined single limit per occurrence B04-11 14 • $1,000,000 BODILY INJURY (other than automobile) Combined single limit per occurrence • $2,000,000 GENERAL AGGREGATE • $1,000,000 PRODUCTS/COMPLETED OPERATIONS • $1,000,000 PERSONAL &ADVERTISING INJURY d) Subcontractor's Public Liability and Property Damage 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. e) Owner's Protective Liability Insurance: The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the following minimum limits is required if the City is not named as an additional insured under the General Liability policy: 1) BODILY INJURY LIABILITY • $1,000,000 Combined single limit per occurrence 2) PROPERTY DAMAGE LIABILITY • $1,000,000 Combined single limit per occurrence f) Contractual Liability - Work Contract: The Contractor's insurance shall also include contractual liability coverage. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. g) Certificates of Insurance: Certificate of Insurance Form, 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 Buyer. This certificate shall be dated and show: 1) 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. 2) 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. B04-11 15 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: (Attach additional sheets if necessary) The respondent certifies that the respondent has investigated each subcontractor/temporary worker agency listed and has received and has in the respondent's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. B04-11 16 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Respondent shall complete the following blanks regarding experience with similar type of work, INCLUDE AT LEAST THREE (3) MUNICIPAL GOVERNMENT REFERENCES. Respondent must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Have you any similar work in progress at this time? Yes_ No _. Length of time in business Bank or other financial references: (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the respondent in the past five (5) years which is related to the services that the respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. B04-11 17 CITY OF OCOEE B04-11 SCOPE OF WORK/SPECIAL CONDITIONS TERM CONTRACT FOR CONCRETE CONSTRUCTION TYPICAL SCOPE OF SERVICES: The City of Ocoee,Florida,in conformance with the policies and procedures of the City of Ocoee(City)is soliciting bids from qualified contractors with specialty in concrete work for construction of sidewalks, ramps, driveways, slabs,gutters,spillways,vertical curbs,curb&gutter,etc. The City intends to award contracts to two qualified contractors based on unit prices, ability of contractor to perform the required work, satisfaction of required insurance, and a successful reference check. Contractors selected by the City will provide construction services to the City on an as needed basis, based upon task orders to be issued by the City under the contract. The contracts shall automatically be renewed annually unless terminated by the City in writing, for a maximum of three (3) years from the date of the execution. City reserves the right to terminate the contracts for non-performance given thirty (30) days written notice and payment of work already accomplished. The scope of work to be performed under task orders issued under this contract may consist of, but will not necessarily be limited to the following: • Concrete sidewalk, various widths and depths • Concrete aprons and driveways, various width and depth • Concrete slabs, various widths and depths • Concrete headwalls, various heights, widths, and depths • Mitered end sections, various sizes • Spillways, various widths and lengths • Retaining walls, various heights and lengths • Vertical curbs, various types and lengths • Curb & gutter, various types and lengths SUBMISSION REQUIREMENTS: The interested and qualified contractors shall submit a bid package to include the required submission material includes the following: 1. Bid Forms. 2. List of three (3) municipal government references, contact persons, phone numbers, and e-mail addresses. 3. Proof of Insurance coverage as required by the City. 4. List of company assets to include all equipment and vehicles in operable condition. The City reserves the right to accept or reject any or all bids that it may, in its sole discretion, deem unresponsive, or to waive technicalities which best serves the overall interests of the City. Cost of preparation of a response to this bid is solely that of the consultant and the City assumes no responsibility for such cost incurred by the consultant. B04-11 18 Any request to withdraw a Bid Package must be addressed in writing as above. Such requests must be received by the City prior to the deadline for submission. Annual Cost Adjustments Each year, sixty (60) days prior to renewal date of the contract, contractor shall submit a request for adjustments to contract's unit prices for the following year. 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. All unit cost increases are subject to approval by the City Commission. Unit Cost Escalation Under extra-ordinary conditions, City may consider cost escalation due to significant increases in material costs. Significant increases are considered to be more than fifteen(15)percent of the material costs from the original bid. Requests without considerable and verifiable proof from suppliers of the material will not be considered. When such requests are made, at least three (3) verifiable statements from three (3) separate suppliers are required. All requests for adjustments are subject to approval by the City Commission. Estimated Quantities It must be completely understood that this contract is for work on an as-needed basis. Any quantities provided in this document are for estimating purposed only and is not a guarantee of work quantities and dollar amount assigned to the contractor. Mobilization Contractor shall be permitted a mobilization charge for each work order equal to 3%of the total work order amount. 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. Governing Standards 1. Unless otherwise explicitly expressed in writing, all work performed under this contract shall be in accordance with State of Florida Building Codes, FDOT standards, and City of Ocoee LDR's (Land Development Regulations). 2. All items shall include shall include demolition of existing, disposal of debris, preparation& forming as required. 3. It shall be the responsibility of the contractor to locate all underground utilities prior to new construction. Any and all damages caused by the contractor shall be repaired at the expense of the contractor at the satisfaction of the owner. 4. Fiber reinforced concrete will not be accepted for sidewalks, slabs, and driveways. B04-11 19 ASSIGNMENT PROCEDURES When a need arises, the City's project manager will prepare and e-mail or fax a brief description and/or plans for the required task and project schedule to the contractor. Each request from City Departments shall include a specific project number and a financial account information number for funding. It shall be each Department's responsibility to verify funding source, amounts, and balances. Within 48-hours of the receipt, each firm shall e-mail or fax (followed by mailing of the original) a lump sum proposal for requested work to the City's project manager based upon the unit prices provided in the contract documents. The City project manager will then issue a purchase order to the selected firm for the work. No work shall commence until the verification of the issuance of the purchase order. Invoicing for completed work or progress billing shall be submitted to the requesting City's project manager for processing and submission for payment by the Finance Department with a copy to: Finance Department City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 B04-11 20 CITY OF OCOEE BID#B04-11 BID FORM TERM CONTRACT FOR CONCRETE CONSTRUCTION Item Units Work Order Unit Price Quantity Range Maintenance of Traffic L.S. 1 $ 4"Concrete Sidewalk S.Y. Less than 25 $ 25 to 50 $ Over 50 $ 6"Concrete Sidewalk S.Y. Less than 25 $ 25 to 50 $ Over 50 $ 4"Concrete Apron/Driveway S.Y. Less than 40 $ Over 40 $ 6"Concrete Apron/Driveway S.Y. Less than 40 $ Over 40 $ Curb,FDOT Type A or B L.F. Less than 25 $ 25 to 100 $ Over 100 $ Curb&Gutter,FDOT Type E or F L.F. Less than 25 $ 25 to 100 $ Over 100 $ 12" Steel Reinforced L.F. Less 2'high $ Retaining Wall 2'to 4'high $ 4'to 6'high $ 4"Concrete Spillway S.Y. 2'wide $ 4'wide $ Handicap Ramp(FDOT Standards) Each 1 $ 2to3 $ 4 or more $ L.S.=Lump Sum, S.Y.=Square Yards,L.F.=Linear Foot Unit costs prepared by: Date: Title: Firm: B04-11 21 Bid#B04-11 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM"ARE ACCURATE AND WITHOUT COLLUSION. COMPANY NAME TELEPHONE(INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID# Individual Corporation Partnership Other(Specify) Sworn to and subscribed before me this day of ,20 . Personally Known or Produced Identification Notary Public-State of (Type of Identification) County of Signature of Notary Public Printed,typed or stamped Commissioned name of Notary Public B04-11 22 e Center of Good L' Mayor �b - - vb., Commissioners S. Scott Vandergrift OIS*Igoiskrorrii Danny Howell, District 1 Scott Anderson, District 2 0 City Manager ; Rusty Johnson, District 3 Robert Frank — - ' Nancy J. Parker, District 4 August 25, 2004 ADDENDUM NO: ONE (1) CITY OF OCOEE BID #B04-11 TERM CONTRACT FOR CONCRETE CONSTRUCTION This addendum shall modify and become a part of the original Bid Documents for the Term Contract for Concrete Construction. This addendum is a result of the Pre-Bid Conference held on August 17, 2004. Clarifications and/or Changes to the bid documents are as follows: 1. Page 7, Section 1 Bid Security: Changed from "5% of the amount of the bid to lump sum amount of$5,000.00 (Five Thousand Dollars). 2. Page 7, Section 2 Performance and Payment Bonds: Changed from 100% of the contract amount to lump sum amount of$50,000.00 (Fifty Thousand Dollars) annually. 3. Clarification that the bid items are mostly for anticipated replacement work to existing concrete. 4. Clarification that 3,000—3,500 PSI is the acceptable range. Joyce Tolbert, CPPB Buyer All respondents shall acknowledge this addendum by completing the section below and attaching to the front of your bid. Respondent: Signature: Name and Title: City of Ocoee• 150 N Lakeshore Drive •Ocoee,Florida 34761 phone: (407)905-3100•fax: (407)656-8504 •www.ci.ocoee.fl.us