Loading...
HomeMy WebLinkAboutItem 06 Consideration of Award of Bid #B05-05, Fuel Storage & Pump Station AGENDA ITEM COVER SHEET Meeting Date: 2/01/05 Item # " Contact Name: Contact Number: Joyce Tolbert 1516 Reviewed By: Department Director: City Manager: ~M #Jk' ---- Subject: Award of Bid #B05-05,Fuel. Storage & Pump Station Background Summary: This fiscal year's budget contains $75,000 for the complete installation of a new fuel storage and pump station to be located at the Public Works Facility, 301 Maguire Road. Issue: Award the bid for a new Fuel Storage & Pump Station at the Public Works Facility to American Compliance Technologies, Inc. Recommendations Staff recommends that the City Commission award Bid #B05-05 to American Compliance Technologies, Inc. in the amount of $64,975; and authorize Staff to proceed with the procurement of this equipment by issuing a purchase order once the required bonds and insurance coverage from the Contractor has been obtained. Attachments: 1.-3. Contractor Bids 4. Copy of Bid B05-05/Specifications 5. Bid Tabulation 6. Recommendation memo Financial Impact: Contract will be $10,025 less than budgeted amount. Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution o Commission Approval o Discussion & Direction For Clerk's Deot Use: o Consent Agenda o Public Hearing o Regular Agenda o Original Document/Contract Attached for Execution by City Clerk ~ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) c3f~ IZI N/A o N/A o N/A City Manager Robert Frank Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Joyce Tolbert, Purchasing Agent DATE: January 24, 2005 RE: Award of Bid #B05-05 Fuel Storage & Pump Station ISSUE Award the bid for a new Fuel Storage & Pump Station at the Public Works Facility to American Compliance Technologies, Inc. BACKGROUNDIDISCUSSION This fiscal year's budget contains $75,000 for the complete installation of a new fuel storage and pump station to be located at the Public Works Facility, 30l Maguire Road. The bid was publicly advertised on December 5, 2004 and opened on January 13,2005. There were three (3) responses to this bid: 1. 2. 3. American Compliance Technologies, Inc. Petroleum Equipment Construction, Inc. Andrew Bell, Inc. $64,975.00 $78,235.00 $79,949.00 Attached is a copy of specifications for this project, and the bids from each bidder, along with the bid tabulation. All bids are available in the Finance Department for review. The Public Works Department and Finance Department have reviewed all bids. Staff recommends awarding the bid to American Compliance Technologies, Inc. as the most responsive and responsible bidder, per the attached memorandum from Bob Zaitooni, Public Works Director. City Manager Robert Frank Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrift MEMORANDUM TO: Joyce Tolbert, Finance FROM: Bob Zaitooni, Public Works Director DATE: January 24, 2005 RE: Recommendation for Award - Bid #B05-05, Fuel Storage & Pump Station Based on the bids received, we recommend award of this bid to AC.T. Environmental Solutions for $64,975.00. If you have any questions or require additional information, please contact me at extension 6002. RZ Cc: Terry Reed, Facilities Supervisor The City ofOcoee Public Works. 301 Maguire Road. Ocoee. Florida 3~761 phone: H07) 905-3170. fax: (~07) 905-3176. www.ci.ocoedlus BID TABULATION FOR: BID #BOS-OS FUEL STORAGE PUMP STATION 1/13/052:00 p.m. a Total Lump Sum Bid 78,235.00 79,949.00 64,975.00 Ability to Meet Performance Period Yes Yes Yes Requirements Ability to Meet Required Warranty Yes Yes Yes Bid Security Bond Bond Bond 1 Original & (2) Copies Yes Yes Yes Yes References/Subs Yes Yes Rec'd Clarification 1/21/2005 Yes Equipment Listing Yes Yes Rec'd Clarification 1/21/2005 Yes Rec'd Clarification Summary of Litigation Yes Yes 1/21/2005 Yes Addendum No.1 Yes No Rec'd Clarification 1/21/2005 License Check Active Active Active Mayor S. Scott Vandergrift center of Good L/ ~~e t.>~ Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 City Manager Robert Frank CITY OF OCOEE INVITATION TO BID #B05-05 FOR FUEL STORAGE & PUMP STATION City ofOcoee. 150 N Lakeshore Drive. Ocoee, Florida 34761 phone: (407) 905-3100 . fax: (407) 656-8504. www.cLocoee.fl.us BID DOCUMENTS 3 4thru6 7 thru 15 16 17 Legal Advertisement Invitation to Bid #B05-05 General Terms & Conditions Subcontractors/Equipment Listing References/Summary of Litigation SCOPE OF WORKIBID FORM 18-19 20 21 Scope of Work Bid Form Company Information/Signature Sheet END OF TABLE OF CONTENTS B05-05 2 LEGAL ADVERTISEMENT CITY OF OCOEE Bid #B05-05 FUEL STORAGE & PUMP STATION Ocoee City Commission Sealed bids will be accepted for Bid #B05-05, FUEL STORAGE & PUMP STATION, no later than 2:00 PM, local time, on January 13, 2005. 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 for the material, equipment, labor, and permits for a complete installation and successful operation of a new fuel storage and pump station. There will not be Pre-Bid Conference for this bid. Any questions or concerns regarding this bid must be received no later than January 7,2005. A Bid Security in the amount of 5% of the bid price must accompany each bid. The successful bidder will be required to furnish 100% Performance and Payment Bouds and acceptable insurance coverages. 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 receiyed in the City ofOcoee, Attn: Purchasing Agent, 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 BidsNendors, 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 December 5, 2004 B05-05 3 CITY OF OCOEE INVITATION TO BID #B05-05 FUEL STORAGE & PUMP STATION INTENT: Sealed bids for Bid #B05-05 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, permits, and incidentals for a new Fuel Storage & Pump Station for the City of Ocoee at the location listed under the "Scope of Work" section of this Invitation to Bid, and the attached location maps. 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: Purchasing Agent (407)905-3100, extension 1516 and fax (407)656-3501, not later than January 7,2005. 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 Purchasing Agent, 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 January 13, 2005. 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: Purchasing Agent 150 N Lakeshore Drive Ocoee, FL 34761-2258 B05-05 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) List of ReferenceslExperience; c) List of Subcontractors /Temporary Worker Agencies; d) Equipment Listing; e) Summary of Litigation; f) 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. There will not be a Pre-Bid Conference for this bid. Contact the Purchasing Agent to make arrangements for a site visit, if desired. 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. 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; 805-05 5 B05-05 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 tmal authority in the award of any and all bids. 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. BOS-05 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 there from. 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; B05-05 8 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 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, as applicable: . Compliance with specifications, terms, and conditions . Bid price . Warranty offered . Delivery time . Experience with similar work . Ability to Meet Performance Period Requirements . Successful reference check B05-05 9 9. LITERATURE: If required by the Bid Schedule, or the specifications, descriptive literaturelbrochures shall be included with this bid in order to properly evaluate make/model offered. Bids submitted without same may be considered non-responsive and disqualified. 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 the City's Purchasing Agent not later than seventy-two (72) hours after the "Notice of Intent/Recommendation 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. 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 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. 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 B05-05 10 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 dailv; 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. l) 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. 0) Per City Ordinance, any Contractor using construction dumpsters within the City ofOcoee 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. 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 B05-05 11 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 ofOcoee. 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 ofthe 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 ofthe 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 Qr 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 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 B05-05 12 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. 19. INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best B05-05 13 Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. . Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public 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 Iniurv Liability & Property Damage Liability . $1,000,000 Combined single limit per occurrence (each person, each accident) . All covered automobile will be covered via symbol 1 . Liability coverage will include hired & non-owned automobile liability . Include Waiver of Subrogation in favor of The City ofOcoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. . $2,000,000 GENERAL AGGREGATE . $2,000,000 PRODUCTS-COMPLETED OPERA nONS AGGREGATE . $1,000,000 PER OCCURRENCE . $1,000,000 PERSONAL & ADVERTISING INmRY . 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. B05-05 14 B05-05 4) Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. . $1,000,000 PER OCCURRENCE . $2,000,000 AGGREGATE 6) Commercial Umbrella: . $1,000,000 PER OCCURRENCE . $2,000,000 Aggregate . Including Employer's Liability and Contractual Liability 7) Builders Risk: . $100,000 Any (1) Location · $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: 9) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. 1 0) 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. 15 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ ADDRESS/FEDERAL J.D. NO./CONT ACT 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. B05-05 16 22. REFERENCESIEXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Respondent shall complete the following blanks regarding experience with similar type of work, INCLUDE AT LEAST THREE (3) 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. B05-0S 17 SCOPE OF WORK BID # B05-05 FUEL STORAGE & PUMP STATION The Contract term for B05-05, FUEL STORAGE & PUMP STATION shall be for the all material, equipment, labor, and permits for a complete installation and successful operation of a new fuel storage and pump station. All questions/concerns shall be directed, in writing, at least (7) seven calendar days prior to bid opening date, to Joyce Tolbert, Buyer, up to award of this contract, (407) 905-3100 ext. 1516 or fax (407) 656-3501. Any contact with any other member of the City Staff, Commission, or its Agents during this time period may be grounds for disqualification. 1. Location of New Fuel Station The new station will be located at the City Public Works Facility at 301 Maguire Road, Ocoee, FL 34761, at the existing fuel canopy islands. 2. System Components Contractor shall Furnish & Install the following components: a) One (1) 20,000 gallon doublewall aboveground tank with two (2) compartments (10,000 gallonll0,000 gallon) single bulkhead, plate saddle supports, spill box mounted on head and painted with white urethene exterior. b) Remote fill lines from spill box. c) Two (2) 1/3 HP submersible pumps inside of tanks. d) One (1) gasoline dual hose (Gasboy 9152QXTWI or equal) remote dispensers up to 15 gallons per minute. e) One (1) diesel dual hose (Gasboy 9153QXTWl or equal) dispenser up to 22 gallons per minute. f) Aboveground containment boxes under each dispenser. g) All required electrical wiring to all components in accordance with all electrical codes. City will provide a power source to approximately 30 feet from the existing canopy. In addition to the items listed above, the Contractor shall coordinate with City or another Contractor hired by the City to relocate the existing TRAK ENGINEERING, INC fuel management system. City will construct a concrete tank pad for the new tank with the dimensions of 12' x 36' x 8" for use with the new system. B05-05 18 3. Defective Work The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to this specifications required by this bid whether observed before or after substantial completion of the Work. The Contractor shall bear all costs of correcting such rejected Work. In the event that Contractor fails to timely repair the work, then the City, at its sole discretion and without waiving any other rights or remedies under this Agreement, may deduct from any amounts due under this Agreement, the actual cost paid by the City to a third party to perform the work. 4. Performance Period Contractor shall have 30 calendar days to complete the work following a procurement period not to exceed 60 days. The procurement time shall begin upon the award of the contract. 5. Damage to Property All damages caused by the Contractor or their sub-contractor(s) in construction of the facility, directly or indirectly, shall be repaired in a timely manner at the Contractor's expense. 6. Governing Standards All equipment and material used in this contract shall fully meet all applicable federal, state, county, and the city standards and codes. All construction and workmanship shall meet or exceed reasonable construction methods. 7. Warranty Contractor shall provide a full one (1) year equipment and workmanship warranty beginning from the date of the fmal acceptance by the City. B05-05 19 BID FORM BID #B05-05 FUEL STORAGE & PUMP STATION Total Bid: $ dollars and cents. Meet performance period requirements: YES NO Meet required warranty: YES NO Company Name: Representative Name: Signature: Title: Date: B05-05 20 Bid #B05-05 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 WORKIBID FORM" ARE ACCURATE AND WITHOUT COLLUSION. COMPANY NAME TELEPHONE (INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: AUTHORIZED SIGNATURE (manual) NAME/TITLE (PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID # _Individual _Corporation _Partnership _Other (Specify) Sworn to and subscribed before me this day of ,20_, Personally Known or Produced Identification Notary Public - State of County of (Type ofIdentification) Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Public B05-05 21 Mayor S. Scott Vandergrift center of Good L . ~~e . l~i~ Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 City Manager Robert Frank December 22, 2004 ADDENDUM NO: ONE (I) CITY OF OCOEE BID #B05-05 FUEL STORAGE & PUMP STATION This addendum shaH modify and become a part of the original Bid Documents for the Fuel Storage & Pump Station Project. This addendum is a result of the attached questions posed by Petroleum Equipment Construction and American Compliance Technologies, Inc. Clarifications and/or Changes to the bid documents are as foHows: 1. 2. Answers to Questionsfrom Petroleum Equipment Construction: No~n+ '0 Yes. ["fi\NrJ Above Ground. '0 8 O~ Answers to Questions from American Compliance Technologies, lnc: A.I A.2 A.3 A.4 A.S A.6 B.I B.2 D.E.I D.E.2 D.E.3 D.E.4 F.I 1. UL-I42 Modern Welding or Equal. Remote Fill Box. Gauge to be located on top of tank. 2" vent pipe, primary tank, others as required. Yes, City installed copper rod. Not Specified. Contractor's decision. Above Ground. Remote fuel island. Above Ground. Not required. Submersible Pump. Does not require anti-siphon control. Boxes no more than 18" high. Trak Engineering will relocate the existing fuel management system. Joyce Tolbert, CPPB Purchasing Agent 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.cLocoee.fl.us Facsimile Transmittal "",\~\l.\lM F.QUIPJr4"/II~ m.taIlaIIon .. ""'nfMance .. &ItvIofI f2e..CtN70ftICQ.CO~ P.O. Box 910 - ApopIua, F'Oftda 327CM-G810 72S2 OVeI1and RoM - Ort~o. Florida 32810 Eof'ftaIl: pecnondaeao-.com CONSTRUCTION PHONE: 407..290-3010 FAX: 407-290-1173 Date" J'han". Fax#. r;f...I'5lh A A ~ / 'It--/~oq- 4-o7-'10!j-?;{(J() JV7- 6'56-3:/0 Company: err! of' OQ)~ttentJon: :]DYe.E---rrx--~ From: M{~ wfr .. of pages (including this cover): ( 2, This fax may contain material that Is confidential, :and/or privileged and is for the sole use of the Intllnded rwciplent If you are not the intended recipient. please contact the send.r and ... afl c;opla. _....c@: 4?~. ~J ~ *"13OS-fJ5 I. Qu.-~ ~ tlWAT~ 1b &.- eowt4 ()R.-~~ . ~ ~~~. .b-t4t) w-U #~V-:bu1AW/u :5 ~ ) 7 'V' "~ vI- . ~6Ia1d~~F , ~~ih~ ' ~t~~~ . ~at~U~~' ~? -tt'^- ~% wnl-iU .~~~ . rn. c;o, ~a-~ ~tL~{ 101113 39\1d SN08 dlnB3 wn3lO~13d ELll136~L13v 69:613 v1313~/vl/~l 12/14/2004 15:24 8535341133 ACT ENVIRONMENTAL PAGE 02/04 A.&-F~.~.__.~.H'~h&S.~ December 14, 2004 Ms. Joyce Tolbert Buyer City of Geoee 150 North Lakeshore Drive Ocoee, Florida 34761-2258 SUBJECT: REQUeST FOR ADDITIONAL INFORMATION FUEL STORAGE AND PUMP STATION BID #805..05 ACT PROPOSAL #3301.04 Ms. Tolbert, American Compliance Technologies, Inc. (ACT) is interested in preparing a submittal package to the City of Gcoee for the Request For Bid (RFB) #805-05, Fuel Storage and Pump Station. In order for ACT to develop a precise bid to meet the City's intent, we respectfully request some additional information. RFB #05-05, page 18 ~2. System Components a) 1. What is the specific Underwriters Laboratories listing number that the 20,OOO-gallon double wall AST must meet, (e.g., UL-2085, UL-142, etc.)? 2. Please provide the name of the tank manufacture on whose product this RFB has been developed. 3. The specified spill box mounted on the head, is this box to be utilized for mounting the fuel dispensers, tank fill fittings, or both? 4. What method of tank overfill monitoring is specified for this AST system? Does the City require a remote product level gauge with alarm, a mechanical fill limiting device, or some other method? 5. What type of venting is to be specified for the AST with regard to primary tank vents, primary tank emergency vents, and secondary containment tank vents? 6_ Will the City provide a suitable electrical grounding system for the AST when the new concrete pad is constructed or will we have to provide this item? If so, what is specification for grounding system? ' AMERICAN COMPLIANCE TECHNOLOGIES, INC. 1875 West Main Street . Bartow, Florida 33830 . Telephone (863) 533-2000 . Fax (863) 534-1133 6918 Forest City Road' Orlando, Florida 32810 . Telephone (407) 297-8150 . Fax (407) 297-8949 3618 NW 97th Boulevard. Gainesville, Florida 32606 . Telephone (352) 331-2400 . Fax (352) 331-1900 12/14/2004 15:24 8535341133 ACT ENVIRONMENTAL PAGE 03/04 Ms. Joyce Tolbert RFB #05..05 ACT Proposal #3301.04 December 14,2004 Page 2 of 3 b) 1. With regard to the remote fill lines from spill box, is the remote fill directly attached to the AST or is it removed from the actual tank location? 2. If the remote fill is removed from the tank location, how far is the remote fill from the tank and are the lines to be installed above ground or underground? d) & e) 1. Are the fuel dispensers to be mounted on spill box on tank or on a remote fuel island? 2. If dispensers are to be installed remotely on a dispenser island, what specification is required for fuel lines? Are lines to be above ground or underground? What is the specified material of manufacture for the fuel lines? 3. If fuel lines are installed underground, what method of leak detection will be specified for the underground fuel lines? 4. What is the specified method for anti-siphon control of the pumped fuel, electric solenoid or mechanical siphon break? f) 1. Please explain in more detail exactly what is intended for fuel dispenser above ground containment boxes. Typical dispenser boxes, if set directly on ground surface, will, when a dispenser is set on top, elevate dispenser controls and registers above normal working height. Additional Items 1 . Who will actually relocate the existing TRAK fuel management system? A-&T ENVIRONMENTAL SOLUTIONS 12/14/2004 16:24 8635341133 ACT ENVIRONMENTAL PAGE 04/04 Ms. Joyce Tolbert RFB #05-05 ACT Proposal #3301.04 Decemb$r 14, 2004 Page 3 of 3 We thank you in advance for your careful attention to our request for additional information. The answers provided to this inquiry will assist us in preparing our submittal to best meet the communicated and intended needs of the City of Ocoee. Please provide your response in whatever manner is most convenient to you. You can communicate with me by the following methods. Mail; American Compliance Technologies, Inc. 1875 West main Street Bartow, Florida 33830 Telephone: Fax: email: (863) 533-2000, X~243 (863) 534-1133 jww@act-environmental.com ook forward to hearing from you. Joe Whittington, Estimator A.c.r ENVIRONMeNiAL SOLUTIONS /I.t:- F- . ~ . Emergency RespaJse . ConOac6ng . Health & Safety January 12, 2005 Ms. Joyce Tolbert Buyer City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761-2258 SUBJECT: COST PROPOSAL FUEL STORAGE AND PUMP STATION CITY OF OCOEE BID #BOS-OS ACT PROPOSAL #3301.04 Ms. Tolbert, Thank you for this opportunity for American Compliance Technologies, Inc. (ACT) to present this cost proposal to the City of Ocoee to provide services to furnish and install an above ground fuel system at the City's Public Works Facility located at 301 Maguire Road, Ocoee, Florida. We are pleased to submit the following Scope-of-Work and cost estimate for the identified project task and feel that this is a very competitive and cost effective package which will provide the City of Ocoee with a quality work product. ACT prides itself on its environmental professionals who are able to provide clients with accurate and precise environmental consulting with particular regard to hazardous waste issues. In addition, ACT is a full service environmental firm capable of more than just consulting services including safe environmental construction, as well as correct waste management, including detailed documentation from point of generation and/or containerization to final disposition, providing virtual cradle-to-grave tracking of all waste streams. Every ACT field and technical professional is 40-hour OSHA health and safety trained and is experienced in projects dealing with non-hazardous and hazardous materials and wastes. ACT is insured, capable of acquiring bonding, and is a State of Florida certified engineering business, geologist business, and pollutant storage systems specialty contractor. AMERICAN COMPLIANCE TECHNOLOGIES, INC. 1875 West Main Street. Bartow, Florida 33830 . Telephone (863) 533-2000 . Fax (863) 534-1133 6918 Forest City Road' Orlando, Florida 32810 . Telephone (407) 297-8150 . Fax (407) 297-8949 3618 NW 9ih Boulevard . Gainesville, Florida 32606 . Telephone (352) 331-2400 . Fax (352) 331-1900 Ms. Joyce Tolbert Cost Estimate - Fuel Storage and Pump Station, Bid #B05-05 ACT Proposal #3301.04 January 12, 2005 Page 2 of 2 Reasons why to contract with ACT: · This is our Business. · $5,000,000 Errors and Omissions/Environmental/Pollution Liability Insurance. · All personnel on site are 40-hour OSHA trained at a minimum. · Committed to a Total Quality Management (TQM) Team. · ACT adheres to safety, operating, and quality assurance procedures approved by the FDEP. · Ongoing approved Drug Free Workplace Program. . All personnel on site have completed the National Safety Council First Aid Course and the American Heart Association CPR Course. All of us at ACT look forward to working with you on this project. As always, we will commit our personnel, resources, and experience in a manner to allow for an environmentally sound, safety conscious, and cost effective plan to rapidly and successfully complete any assignment to your satisfaction. Please carefully review the attached Scope of Work and Terms and Conditions. Should you desire ACT to perform this work, please execute this agreement in the space provided, make a copy for your own files, and return the original to ACT. If you have any questions or require additional information, please contact me directly at (863) 533- 2000, X-243. I look forward to hearing from you. !'ioe Whittington, Proposal Manager Attached: Scope of Work and Terms and Conditions Bid Form Company Information Sheet Insurance Certificate Bid Bond A.C.T ENVIRONMENTAL SOLUTIONS Scope of Work Cost Estimate - Fuel Storage and Pump Station, Bid #B05-05 ACT Proposal #3301.04 January 12, 2005 Page 1 of 3 SCOPE-OF-WORK: ACT understands that the requested scope of work is to provide services to furnish and install fuel systems at two Sarasota County Fire Station an above ground fuel system at the City's Public Works Facility located at 301 Maguire Road, Ocoee, Florida in accordance with Bid #B05-05 and Addendum #1. ACT has performed similar work, installing fuel systems, for the City of Orlando at Fire Station #3, Kissimmee Utility Authority, Gainesville Regional Utilities, and City of Plant City. As presented in request for bid (RFB) and further defined in Addendum #1, the City is requesting the installation of a dual vault 20,000 gallon above ground storage tank (AST) , fuel dispensers, and above grade piping. The fuel system will be installed adjacent to and underneath the existing canopy. The City will provide a suitable concrete slab to support the 20,OOO-gallon AST and will upgrade the electrical service near the canopy to support the new systems power needs. ACT proposes to perform the following tasks: . Apply for and obtain permits to perform the installation of the new fuel system. . Furnish and install one (1) 20,OOO-gallon, dual vault (10,000 gallon /10,000 gallon) double wall steel above ground storage tank (AST). . Furnish and install the following appurtenances for each AST: · primary tank emergency vent, · interstitial emergency vent, · atmospheric primary tank vent, . clock-type tank gauge with remote overfill alarm, and · remote tank fill port spill containment. . Furnish and install on each vault of the AST one (1) submersible fuel pump, . Furnish and install one (1) diesel fuel dispenser and one (1) gasoline dispenser both set on above grade sump. . Furnish and install 2" diameter black iron pipe from AST to dispensers. Fuel piping to be above grade and attached to existing canopy and/or canopy supports in most direct and convenient manner. . Make connection from existing electrical service to fuel dispensers and submersible fuel pumps. A.C.I' ENVIRONMENTAL SOLUTIONS Scope of Work Cost Estimate - Fuel Storage and Pump Station, 8id #805-05 ACT Proposal #3301.04 January 12, 2005 Page 2 of 3 Maior Capital Equipment (1) 20,000-gallon AST, 126" diameter x 31'-0" long, approximate weight 22,196 pounds, horizontal, double wall, single bulkhead, dual vault (10,000 gallon / 10,000 gallon), welded plate saddles, remote fill spill box mounted on head, exterior prep- SSPC-SP6 with universal primer. (2) 1/3 HP submersible fuel pump, (2) Clock gauge with remote audible alarm, (2) 2" atmospheric primary tank vent, (1) Gasboy fuel dispenser, Model #9152QXTW1 (1) Gasboy fuel dispenser, Model #9153QXTW1 (2) Above grade fuel dispenser sump, DESCRIPTION UNITS QTY. UNIT TOTAL COST Off Load and Set 20,000-Gallon AST a lump 1 $2,820.00 $2,820.00 sum Install AST Appurtenances, Pipe, and lump 1 $11 ,941 .00 $11,941.00 Dispensers b sum Order, Receive, and Deliver Capital lump 1 $1,537.00 $1,537.00 Equipment C sum 20,000-Gallon Double Wall Dual Vault each 1 $34,123.00 $34,123.00 AST 1/3 HP Submersible Fuel Pump each 2 $793.00 $1,586.00 Clock Gauge with Remote Audible each 2 $703.00 $1,406.00 Alarm 2" Atmospheric Primary Tank Vent each 2 $16.00 $32.00 Fuel Dispenser, Gasboy, Model each 1 $4,434.00 $4,434.00 #9152QXTW1 Fuel Dispenser, Gasboy, Model each 1 $4,634.00 $4,634.00 #9153QXTW1 Above Grade Fuel Dispenser Sump each 2 $582.00 $1,164.00 Dispenser Shear Valve each 2 $61.00 $122.00 2" Diameter x 12" SS Braid Flex Line each 2 $88.00 $176.00 2" Diameter Black Iron Pipe, Fittings, foot 200 $5.00 $1,000.00 Hanaers Total $64,975.00 A.C.T ENVIRONMENTAL SOLUTIONS Scope of Work Cost Estimate - Fuel Storage and Pump Station, 8id #805-05 ACT Proposal #3301.04 January 12, 2005 Page 3 of 3 NOTES: a Cost based on suitable concrete slab to be provided by others. Cost based on new tank slab to be completely accessible to hydraulic crane. Cost based on a maximum reach of crane to be 20 feet. b Cost based on tank appurtenance, pipe, fuel dispensers, and dispenser sumps being installed in the most direct, convenient, and cost effective manner. Existing canopy and canopy supports must be capable of supporting fuel piping. c Capital equipment will not be ordered until ACT receives written approval from the City's authorized representative to order the equipment. ACT strives to be a competitive environmental contracting/consulting firm while maintaining a high quality product for its clientele. To do this effectively ACT must specify what conditions each project is based upon. Certain conditions or situations may occur during the course of project work which may adversely impact the total project costs. Additional work will not begin without prior express authorization. This cost estimate, as presented, is strictly based upon client communications and the attached Terms and Conditions. A.C.T ENVIRONMENTAL SOLUTIONS January 12, 2005 Terms and Conditions Cost Estimate - Fuel Storage and Pump Station, Bid #B05-05 ACT Proposal #3301.04 Page 1 of 3 TERMS AND CONDITIONS GENERAL This Quote, Bid, Contract, or Proposal and the associated Terms and Conditions shall constitute the entire understanding (the "Agreement") between American Compliance Technologies, Inc. (Contractor) and the City of Ocoee (Client) and supersedes all prior quotes, bids, proposals, purchase orders or agreements between the parties with respect to the subject matter hereof. To the extent that a provision of the Agreement is contrary to local, state, or federal laws, the provision shall be void and unenforceable. However, the balance of the Agreement shall remain in force between the Client and Contractor. Contractor represents that it has in good faith developed this Quote, Bid, Contract, or Proposal with the information provided to Contractor by the Client and/or its agents. Use of this Quote, Bid, Contract, or Proposal by the Client and/or their agents in preparing their Quote, Bid, or Proposal constitutes an acceptance of Contractor's Quote, Bid, Contract or Proposal which will constitute an enforceable contract between Contractor and the Client. This agreement shall bind and benefit the Client, its successors, and assigns, and Contractor, its successors and assigns. Labor All quoted work to occur during normal work hours defined as starting at 8:00 a.m. extending to 5:00 p.m. Monday through Friday. Work performed outside of normal work hours will be assessed at one and one half times the hourly labor rate per labor category. Work performed during holiday periods will be assessed at two and one half times the hourly labor rate per labor category for the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving (2-days), and Christmas. Work periods extended beyond stated normal work hours will be assessed up to $ 30.00 per manday. Additional charges will be assessed if extended work periods require lodging of field crews. Payment Invoices will be prepared and submitted for payment at the completion of the project unless project lasts longer than 30 days. For projects extending beyond 30 days, invoicing will be on a monthly basis. Terms of invoice payment are net 30 days from the date of invoicing. Unpaid invoices over 30 days will be assessed late charges of 1.5% per month until payment is received in full. Additional charges will be assessed for costs associated for collection of payment, court costs, and all legal fees. Delinquent accounts will be subject to a rebilling charge of $40.00 to be added to the principal unpaid amount. All costs incurred in collecting delinquent amounts shall be paid by the Client. Contractor must give Client thirty (30) days notice if rates to perform scope of work changes. No rate change or cost change will be effective until accepted by the Client in writing. Such change will not apply to any work in progress at time of notice without Client's written consent. Modifications to the quoted scope-of-work will be accepted only in writing from the client or their authorized representative. Projects involving ACT providing capital equipment will require a 25% disbursement of project total within 10 days after notice to proceed, 25% disbursement after delivery of capital equipment, and 50% disbursement at completion of project. Changes in Work The Client shall have the authority to make minor changes in the Scope of Work not involving extra costs, but otherwise, except in an emergency endangering life or property, no extra work or change to lump sum work shall be made without written order, signed by the Client and delivered to the Contractor. Client Obligations Client agrees to provide Contractor with such specifications, plans, studies, documents, or other information on surface and subsurface conditions as will be reasonably required by Contractor for proper and timely performance of its services. Safety Work will be performed only under safe conditions. Contractor has the right to discontinue or terminate operation if, in its sole discretion, such discontinuation or termination is necessary for safety and/or health reasons. Invoice will reflect charges for safety and/or health measures required by job conditions. Right of Entry The Client will provide for entry of the Contractor and all necessary equipment, in order to complete the work. While Contractor will take all reasonable precautions to minimize impacts to the property, it is understood by A.C.T ENVIRONMENTAL SOLUTIONS January 12, 2005 Terms and Conditions Cost Estimate - Fuel Storage and Pump Station, Bid #B05-05 ACT Proposal #3301.04 Page 2 of 3 Client that in the normal course of work impacts to property may occur, the correction of which is not part of this agreement. Warranty The Work shall be performed in a good and workmanlike manner by qualified, careful, and efficient workers in strict conformity with the practices considered standard in the industry and in a manner protective of its employees, the public, and the environment. No other warranty, expressed or implied, is made. Insurance Contractor represents and warrants that it, its agents, staff, and Contractor-employed consultants are protected by worker's compensation insurance as required by law and have such coverage under public liability and property damage insurance which is deemed to be adequate. Within the limits and conditions of such insurance, Contractor agrees to indemnify and save Client harmless from negligent acts by Contractor and its agents, staff, and Contractor- employed consultants. Contractor shall not be responsible for any loss, damage, or liability beyond the amounts, limits, and conditions of such insurance. Contractor shall not be responsible for any loss, damage, or liability arising from any negligent acts by the Client, agents of the Client, Client-employed consultants, or any other party not under direct control of Contractor. Discovery of Hazardous Material I Waste Hazardous materials, hazardous wastes, and certain types of other materials may exist at a site where there is no reason to believe they could or should be present. Contractor and Client agree that the discovery of such materials and/or wastes constitutes a changed condition mandating a renegotiation of the Scope of Work or termination of services. Contractor agrees to notify Client as soon as practically possible should such discovery occur. Client waives any claim against Contractor and agrees to indemnify, defend, and hold Contractor harmless from any claim or liability for injury or loss arising from Contractor's discovery. If project is terminated due to discovery of hazardous materials, hazardous wastes, and certain types of other materials then Contractor will be paid in full for those portions of Scope of Work which were completed and/or initiated. In addition, Contractor will be paid reasonable fees to demobilize from the project. Contractor will not be responsible for any site restoration, security of project site, security of project materials, or issues regarding project generated wastes (i.e., maintenance, containerization, transportation, load out, or disposal). Force Majeure Except for the payment of any sums due, neither party shall be responsible for any failure to fulfill any term of this agreement, if fulfillment has been delayed, hindered, interfered with, or prevented by any circumstance whatsoever, which are not within the control of the party in question and could not have been prevented or overcome by the exercise of due diligence by the party concerned. Governing Laws This agreement shall be governed and conducted in accordance with the laws of the State of Florida. Statement of Limitations In performing the Scope of Work, Contractor will use that degree of care and skill ordinarily exercised under similar circumstances by members of the Contractor's profession. No warranty, expressed or implied, is made or extended by this Agreement, by furnishing oral or written reports, or by inspection of Work. Client recognizes that actual conditions may vary from those encountered at specific locations of Work (e.g., borings, surveys, explorations, etc.) conducted by Contractor and that data interpretations and recommendations are based solely on information available to the Client. Contractor will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the information developed. Should the Contractor or any of the Contractor's professional employees be found negligent in the performance of the Scope of Work or have made and breached any expressed or implied warranty, the Client agrees that the maximum aggregate amount of Contractor liability and/or that of Contractor's professional employees shall be limited to the amount of the fee paid for Contractor's professional services. Termination This agreement may be terminated by either party by giving thirty (30) days written notice to the other party. In the event of termination, Contractor shall be paid for services performed up to the termination notice date plus reasonable termination expenses. In the event of termination or suspension of work for more than ninety (90) calendar days, prior to the completion of all reports contemplated by this agreement, Contractor may complete such analyses and records as are necessary to complete Contractor files and may also complete a report on services performed up to the date of termination or suspension. The expense of termination or suspension shall include all direct costs in completing the analyses, records, and reports. A..C.T ENVIRONMENTAL SOLUTIONS January 12, 2005 Terms and Conditions Cost Estimate - Fuel Storage and Pump Station, Bid #B05-05 ACT Proposal #3301.04 Page 3 of 3 Dispute Resolution All claims, disputes, or controversies arising out of or in relation to the interpretation, application, or enforcement of this agreement shall be submitted to mediation in accordance with the method and procedures of the American Arbitration Association. If an impasse is reached by mediation, then arbitration shall be conducted according to the American Arbitration Association Rules or other such procedures as may be agreed upon by the parties. Should the dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in defense of the claim, including staff time, court costs, attorney's fees, and any other claim related expenses. Indemnification Client agrees to indemnify and hold Contractor, its directors, officers, stockholders, employees, agents, and subcontractors harmless from and against any and all claims, demands, causes of action (including third party claims, demands, causes of action for contribution or indemnification), liability and costs (including attorney's fees and other cost of defense) which arise out of or result from (i) any release or threatened release of any substance (whether or not hazardous), including without limitation, any hazardous waste, hazardous substance, pollutant, contaminant, toxic material, irritant, waste gas, liquid or solid material (as defined under State and Federal laws), or failure to properly detect or evaluate the presence or release of any such substances on or from the project site, (ii) any holding or claim that Contractor or any of its subcontractors was a "generator" or "transporter" of hazardous waste or an "operator" of the project site (as such terms are used or defined under State of Federal laws) or, (iii) any negligent or wrongful act or omission of Contractor, its employees, agents, consultants, other contractors, or any other person, third party or entity, all except and to the extent that such claims, demands, causes of action, liabilities or costs are caused by the negligence or intentional misconduct of Contractor, its employees, agents, or subcontractors. Confidentiality All reports and findings will be submitted to the Client and distribution determined by the Client SPECIFIC PROJECT CONDITIONS 1. On any project requiring subsurface work a certified clearance for underground utilities, provided by others, will be performed prior to commencement of project activities. If certified underground utility clearance is not or cannot be provided then ACT will provide this service for cost plus 20% to perform the service to include labor, equipment, expendables, mobilization, per diem, and lodging. 2. Electric conduit and signal wire conduit will be installed in the most direct and convenient manner which may include direct attachment to structure walls, attached roof supports, or other suitable structures. 3. Cost does not include provision of fuel for fuel tank. 4. Cost does not include taxes. Appropriate and applicable taxes will be assessed and presented on invoice for payment 5. Permit fees to conduct the scope of work have been estimated at $350.00. If permit cost exceed $350.00 then overage will be invoiced at cost. 6. Cost based on project work occurring during normal business hours. 7. Work to be performed in OSHA Level D protective equipment 8. Quoted services and prices good for 30 days beyond the date of this Agreement EXECUTION AND ACCEPTANCE If you desire to accept this Agreement as presented including the entirety of the Terms and Conditions, please indicate so by executing this document by signing in the space provided below and return the original to American Compliance Technologies, Inc. Signator of Client must be authorized to contractually bind Client to the Agreement If Signator is an agent for Client then executed contract must be accompanied by a Certified Letter of Agency issued by Client and specifically ~ agent. Prep y.'. i A eri mp,(iance Technologies, Inc. I / IA~AtJc'J7 j ( Accepted By: (Client) City of Ocoee I (authorized signature) (date signed) (print/type name) (title/position) A.C.T ENVIRONMENTAL SOLUTIONS BID FORM BID #B05-05 FUEL STORAGE & PUMP STATION Total Bid: $ 64,975.00 * (COST BASED ON SCOPE OF WORK AND TERMS AND CONDITIONS PRESENTED IN COST ESTIMATE.) SIXTYFOUR-THOUSAND NINE-HUNDRED SEVENTY FIVE dollars and NO cents. Meet performance period requirements: x YES NO Meet required warranty: x YES NO COMPLIANCE TECHNOLOGIES INC. ITTINGTON Signature: Title: Date: JANUARY 12, 2005 B05-05 20 Bid #B05-05 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 WORKIBID FORM" ARE ACCURATE AND WITHOUT COLLUSION. AMERICAN COMPLIANCE TECHNOLOGIES, INC. COMPANY NAME (863) 533-2000 TELEPHONE (INCLUDE AREA CODE) (863) 534-1133 FAX (INCLUDE AREA CODE) jWW@act-environmental.com E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ESTIMATOR NAME/TITLE (PLEASE PRINT) 1875 WEST MAIN STREET STREET ADDRESS BARTOW, FLORIDA 33830 CITY STATE ZIP FEDERAL ill # 592855464 _Individual ~ Corporation _Partnership _Other (Specify) Sworn to and subscribed before me this I:;;' '8 day of ~?J u If;t I ' 2005 . Personally Known V or Produced Identification Ifiz.sOAi,l/ U 'i /!,uow,J (Type of Identification) /". Notary Publ;n State of ntJJe/LJA- County of VL-K ~~~ Signature of Notary Public THERESA SULLIVAN PrirHOllartwMnc;;~ Florida co~~_<e~!lMaf.l1~blic Comm. No. DO 092783 B05-05 21 From: Judy Platt At: Florida Insurance Center Inc FaxID: Florida Insurance Ce To: Cheryl Date: 121212004 08:45 AM Page: 2 of 3 ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP ID JPI DATE (MMlDDlYYYY) AMERI -5 12/02/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Florida Insurance Center, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 414 N. Alexander street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Plant City FL 33563 Phone: 813-754-3561 Fax: 813-764-8402 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER "- Hudson Insurance CO. INSURER B: United Fire & Casualty Compan 13021 American Compliance INSURER c: FCC I Insurance Co Technolo~es, Inc. 1875 \if. in Street INSURER D: Bartow FL 33830 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING N-N REQUIREMENT, TERM OR CONDITION OF N-N CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L ~~v~rJ~8J~ Pgk~CEY ~~~~~N LTR NSRD TYPE OF INSURANCE POLICY NUMBER LIMITS ~NERAL LIABILITY EACH OCClRRENCE $ 1,000,000 A ~ 5MERCLA.l GENERAL UABIUTY FEC5101988 OS/29/04 OS/29/05 =~~~ ~E~~:C~~~nce) $ 50,000 - CLAIMS MADE [!] OCCUR MED E><P (Air{ one person) $ 5,000 ~ CPL/E&O-Claims Ma PERSONAL .. mv INJURY $1,000,000 - GENERAL AGGREGATE $ 5,000,000 ~LAGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPIOP AGG $ 5,000 000 X nPRO. n POLICY JECT LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B ~ NN AUTO 10560317356 11/08/04 11/08/05 (Ea accident) - ALL OWNED AUTOS BODILY INJLRY $ SCHEDULED AUTOS (['lor pCr.Jon) - ~ HIRED AUTDS BODILY INJLRY $ ~ NON-OWNED AUTOS (per aCCident) - PROPERTY DAMAGE $ (Per accident) ~GE LIABILITY AUTO ONLY. EA ACCIDENT $ NN AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ 5E66AJMBRliLLA LIABILITY E^CH OCCLRRENCE $ OCCUR D CLAIMS Mo\DE AGGREGATE $ $ ==1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU- I : 10TH- TORY UMrTS X ER C EMPLOYERS' LIABILITY 42702 04/12/04 04/12/05 ANY :]ROPRIETORIPARTNERJE)(EClJT1VE E lEACH ACCIDEf\IT $1,000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000 II' yes, describe under SPECIAL PROVISIONS below EL DISEASE. POLICY LIMIT $ 1 000 000 OTHER B Equipment Floater 10560317356 11/08/04 11/08/05 Leased/ $500,000 Ren ted Eq Ded. $1,000 DESCRIPTION OF OPERATIONS 'lOCATIONS' VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS General Liability policy includes Professional & Pollution Liability. CERTIFICATE HOLDER CANCELLATION BIDPURP SHOULD ANY OF THE AElOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 10 DAYS WRITTEN For Bid Purposes Only NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 01/21/2005 11:05 8535341133 ACT ENVIRONMENTAL PAGE 01/05 ~~ ./ !/ Facsimile Cover Sheet To: Ms. Joyce Tolbert Company: City of Ceoee Phone: (407)'905-3100, X-1516 Fax: (407) 656~3501 From: Joe Whittington Com pany: American Compliance Technologies" Inc. Phone: (863) 533~2000, X-243 Fax: (863) 534-1133 Date: January 21, 2005 Pages including this' ___ coverpage:~ j Comments: Please find in this Fax the request for supplemental information concerning City of Ocaee RFB #05-05, Fuel Storage and Pump Station. If you have any concerns or need additional information please call me. Thanks for the opportunity. ~J01!/W. ~ Original document will follow via: ~ First Class Mail _ Express Delivery _ Original documentwill not follow CONFIDENTIALITY NOTICE: The information contained in this facsimile may be legally privileged andfor confidential and is intended solely for the use of the individual named .above. I.f you have received this facsimile in error, please contact sender immediately by Galling (800) 226-0911. and destroy the original facsimile, Thank you for your cooperation. 01/21/2005 11:05 8535341133 ACT ENVIRONMENTAL PAGE 02/05 Jf 1:., t! . .. -.....' ~ ......;.' . .. ~ ,T. ;' . ./ _..;1 .._...1 ___"'/ Environmental . Consulting . Em~lfJ#Jncy Response . Contracting · Health & Safety January 21, 2005 Ms. Joyce Tolbert Buyer City of Ocoee 150 North Lakeshore Drive Geoee, Florida 34761-2258 SUBJECT: SUPPLEMENTAL INFORMATION TO PROPOSAL FUEL STORAGE AND PUMP STATION BID #805-05 ACT PROPOSAL #3301.04 Ms. Tolbertj As requested, American Compliance Technologies, Inc. (ACT) has prepared supplemental information to support our proposal submittal to the City of Ocoee for the Request For Bid (RFB) #805-05, Fuel Storage and Pump Station. The requested supplemental information concerned the following: · List of Subcontractors, Summary of Litigation, · Contact Information for References, and · Signed Acknowledgement of Addendum Number 1. With regard to the first item, ACT will be performing all aspects of the identified scope of work with in-house personnel, except for electrical connections and lifting of the 20,000- gallon tank. These tasks associated with the scope of work are essential, however, are relatively insignificant to the total cost of the project. It is ACT's intent to contract with a local certified electrician and a licensed crane operator after receipt of a notice to proceed issued by the City of Ocoee. Typically, commitments from such contractors cannot be procured until a definite date is established for their respective tasks to commence. Again, all other aspects of the scope of work will be performed by ACT personnel. Concerning the issue of a summary of litigation related to the services that ACT provides, ACT has not been involved in any litigation, claim, bid or contract dispute within the past five (5) years_ AMERICAN COMPLIANCE TeCHNOLOGIES, INC. 1815 West Main Street. Bartow, Florida 33830 . Telephone (863) 533-2000 · Fax (863) 53+1133 6918 Forest City Road. Orlando, Florida 32810 · Telephone (407) 291-8150 . Fax (407) 297-8949 3616 NW 97th Boulevard · Gainesville, Florida 32608 · Telephone (352) :331-2400 . Fax (352) 331-1900 01/21/2005 11:05 8535341133 ACT ENVIRONMENTAL PAGE 03/05 Ms. Joyce Tolbert Supplemental Information, RFB #05-05 ACT Proposal #3301.04 January 21, 2005 Page 2 of2 Please find attached to this letter a list of references presented in our proposal in which ACT performed similar work for government clients of equal or greater scale than that identified in this RFB. Also, attached to this letter is a signed copy of Addendum Number 1. I believe that the information contained within this letter will adequately address the request for supplemental information. If you need additional information or clarification of anything presented in our proposal or this letter, please contact me by whatever method is most convenient to you. You can communicate with me by the following methods. Mail: American Compliance Technologies, Inc. 1875 West main Street Bartow, Florida 33830 Telephone: Fax: emaiJ: (863) 533-2000, X-243 (863) 534-1133 jww@act-environmental.com look forward to hearing from you. AMERICAN COMPLIANCE TECHNOLOGIES, INC. Joe Whittington, Estimator Attachments: Contact Information for Proposal References Acknowledged Addendum Number 1. RFB #805-05 A.&-r ENVfRONMENTAL SOLUTIONS 01/21/2005 11:05 8635341133 REFERENCE INFORMATION Kissimmee Utilities Authority Address: POST OPFle! BOX 423219 KISS~E, ~ 34742 Contact: LARRY MATTERN OR JEFF LING Telephone: 407-846-7070 City of Orlando (Fi~e Station No.3) Address: 400 S. ORUGE AVENUB.. 2ND FLOOR. Contact: Telephone: ORT.ANnO, FL 32801 MIGUEL GARCIA 407-246-3193 Gainesville Regional Utilities Address: l:'600:.NW 53RD;AVEN1IE . . GAINESVILLE, FL 32609~2013 Contact: lUCK DA.V1:5 Telephone: 352-334-3400 City of Plant City Address: 101 N_ MTR'RRT.1m S'rR'RET PLANT CITY" FL 33566 KATHERINE G. BlJRXE 813-757-9283 Contact: Telephone; ACT ENVIRONMENTAL PAGE 04/05 01/21/2005 11:05 8535341133 ACT ENVIRONMENTAL PAGE 05/05 Citv Manag-er Robert Frank CQlDmissioners Danny Bo\\'ell. Dist.rict 1 Scott Anderson, District 2 Rusty Jobnson, District 3 Nancy J. Parker. District 4 Mavor S, Scott Vandergrift December 22, 2004 ADDENDUM NO: ONE (1) CITY OF OCOEE BID #B05-05 FUEL STORACE & PUMP STATION This add~ndum shalt modify and become a part of the original Bid Documents fOf the Fuel Storage &; Pump Station Project. This addendum is a result of the anached questions posed by Pttroleum Equipment Construction and American Compliance: Technologies, Inc. Clarifications and/or Changes to the bid documents are as follows: Answers to Questionsfrom Petroleum Equipment Constructiol1: N Dftn+ <7 I. YCs.~ .0 @ 0 @ 2. Above Ground. Answf:r:r (0 Questionsfrom American Compliance redln%gles. Inc: A.I tlL-l41 A.2 Modern Welding or Equlll. A.3 Remote Fill Box. A.4 Gauge to be located on top of tank. A.S 2" vent pipe, primary tank, othtrs as required. A.6 Yes, City installed copper rod. B.t Not Specified. Contractor's decision. B-2 Above Ground. D.E.J Remote fuel island. D.E.2 Above Ground. D.E.3 Not required. D.E.4 Submersible Pump. Does not require anti..slpllon control. F.l 8ox~s no more than 187'1 high. I. Trak Engineering will relocate the existing fuel management system. Joyce Tolbert, CPPB Purchasing Agent Respondent: lANCE TECHNOLOGIES. INC. All respondentj' shall ack wled e I/o 'Is addendum by completing tlte sectioll /Jt!/ow and at1JIching /0 the ftont of your bid. Si~nature: Name and Titl ESTIMATOR City of Ocoee · 150 N Lakeshore Drive · Ocoee, Florida 34761 pbone: (407) 905-3100 · fax: (407) 656-8504 · www.ci.oc:oee.f1.us BID FORM BID #BOS-OS FUEL STORAGE & PUMP STATION Total Bid: $ 76 7..?/5.- ~L./T"Y EI~liiiOo~ uV -(UfO HoN rJI!ED - I R::r'f r lile dollars and oe::> Meet performance period requirements: X YES NO Meet required warranty: X YES NO Company Name~LLU-JV\ t:Q\J..XPM.E~ CotJSttuc..llb~ ~pr...ntativ~~t-D ~. CLl~~ Signature: ~~ Title:-Pj(eS{"ctJ.:tr Date: 1- / -g -0 ~ B05-05 cents. 20 Bid #BO>OS COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATIESTlNG THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORKIBID FORM" ARE ACCURATE AND WITHOUT COLLUSION. 1-D, - ZqO -~DI 0 ~H~2~C.!-~Yi3^ CODE) FAX (INCLUDE ~~DE) CDM, ~ t€L-rt.a!.-IIJ__L I E-MAIL ADDRESS MTITANCE ADDRESS IS DIFFERENT A ORIZED ATURE (manual) FROM PURCHASE ORDER ADDRESS, (O~ E. CNtCDZ.A --1e6(~. ;,r-EASEINDICATEBELOW: NAMEmTLE (pLEASE PRINT) r o. coX 9 10 7232 OVt:l:..(Jju.D KO. APoPk(4 . fL. 32-704-0410 STREET ADDRESS I ORi.lJ.AJIJD ;:L. 3J-f3I 0 CITY STATE ZIP FEDERAL ID # 5);313'5.280 _Individual Corporation _Partnership _Other (Specify) ~UJY\ ~uJI'PMEJJr CD.r~~D~ COMPANY NAME .J.t Sworn to and subscribed before me this J J- --day of StJY/ACl7 ' 20DS. Personally Known / or Produced Identification (Type ofIdentification) BOS-OS 21 20. liST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAMFlADDRE~ERAL!.D. .NO.lCONTACT PERSON/PHONE #: ~~.ft1J} . --YV~~~%JElb (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 shaD require the City of Ocoee's approval before any work shaD 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. ~IS~ t-l f~ -'~ BOS-OS 16 22. REFERENCESIEXPERlENCE OF RESPONDENT WITH SIMILAR WORK The Respondent shall complete the following blanks regarding experience with similar type of worlc, INCLUDE AT LEAST THREE (3) GOVERNMENT REFERENCES. Respondent must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACf/AMOUNT OF PROJECf/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAll.. ADDRESSINAME OF CONTACT 7/04- 3D, Ofia..- 'j:(x/L Cou1J11- M~i - "/3bB S~tJ-8b5-'5:54-03f3i 1Of- ~/8oq. - '1b~ (o{)~rrt-'BAel7>w - f&> 0-mlJTDtJ-~534-63B7 tgj03 30pOb - '1bL-K.... CMAJrl.-TJut.J5CU, fD- &B 'Smt...J1l)lJ, -863-554-0387 IZ/tX3 3l:jcvo --'1=b'-K rbUI,J1( -mVlctfJtE" -fu"B ~.,r~ -~-534-0'3f37 Have you e/ ~ork in progress at this time? Yes_ No _' Length of time in business Bank or other financial references: /r(-tl1C.Jtp (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. f{oN~ B05-05 17 City \Innar:el' Rob(,I't Frank Commig~ionJ'L'l Danny HOWE'Il. DiAtrict 1 Sl'ott ,\nder;zon. District :! Rusty John:"on, District .; ~ancy J. Parker. District I M.nYm: S. Scott \'nndergrift December 22, 2004 ADDENDUM NO: ONE (1) CITY OF OCOEE BID fla05-05 FUEL STORACE" PUMP STATION This addendum shall modify and become a pan of the original Bid Documents for the Fuel Storage & Pump Station Project. This addendum is a result of the attached questions posed by Petroleum Equipmcnr Construction Jnd American Compliance Technologies. Inc. Clarifications and/or Changes to the bid documents are as follows: .-/ /lSll'ers 10 Questions from Petroleum Eqlllpment Construction. f-,ic,z..n+ <7 I. Yes.~ '0 8 08 Above Ground, , ./nswen 10 QIIl!slionsfrom American Cumpliance To!cJ/IIolugies. Inc' .'\.1 U L-14Z A.1 Modern Wcldin2 or Equal. A.3 Remote Fill Box. AA Gauge to be located on top of tank. A.5 2" vent pi~, primary tank. others as required. A.6 Yes, City installed copper rod. B.I Not S~cified. Contractor's decision. B.2 Above Ground. O.E.I Remote fuel island. 0.E.2 Above Ground. 0.E.3 Not required. O.EA Submersible Pump. Does not require :mtl-siphon control. F.r BOle! no more than IS" high. I. Trak Engineering will reloute the existing fuel management system. Joyce Tolben, CPPB Purchasing Agent AI/ respolllJellt!i sllallllckllowledge this addentlum hy completing ,he section below and anaelling to tire /ronl of your bid. CON~DJ~~~a~ City 01 Ocoec . 150 N Lakc~hl1re Dri\ c . Oeuce. FIMidJ :;~ 76 \ phone: (~07) l)()5-~ 100. 13.\: 1~1J7) 656-R50.J . \\\\I\..:i.\)cccc.llus CREDIT APPLICA nON Business Name: Petroleum Equipment Construction, Inc. Mailing Address: P.D. Box 910, Apopka, Florida 32704 Street Address: 7232 Overland Road, Orlando, Florida 32810 Telephone: (407)290-3010 Date Business Established: 3/17/1997 Fax: (407)290-1173 Form of Ownership: Florida Corporation Type of Business: Petroleum related construction, installation and service FID#: 59-3435280 Names and addresses of Officers/Owners: Ronald E. Cardoza Pres. 15749 Arabian Way, Montverde, FL 562-58-6717 Benjamin M. Bathke V.P, Sec., 938 Keaton Parkway, Ocoee, FL 133-58-5815 Treas. Bank Reference. Address. Tele hone and Contact: Wachovia 590 Hunt Club Blvd, Apopka, FL 32703 (407)772-4940 Amy Golbuff T d RCi :\dd d T I h ra e e erence. . ress an e ept one: ESCO Mfg. 13901 Lynmar Blvd., Tampa, FL (800)237-9710 CSR Rinker P. O. Box 607734, Orlando, FL ( 407)599-4899 Royal Electrical 645 Newburyport Av, Altamonte Spgs,FL ( 407)834-2345 Dresser P.D. Box 360, Ft. Wayne, IN (219)470-4600 Wayne/Tokheim Div. Are Purchase Orders Required?: Yes If yes, who may issue a PO?: All Employees The above information is true and given for the purpose o. rev 8103 ('~ ~ ~ ! f ~. "~ttJ' ~. ~; . ~ t j ~: r ;' r ~ ~ ~ ~. ~ 1r~~p l L1' ~ \f\ ~r~ ~. !~ ~ . -'t::., "':':':]"",1 . . ""b:\J l:<6i ~ f'.t ..' '~ :.....'. t~'i; :-l .. . l ~ H~ 1 t" tI\ ~J c t ... . ~ ~ r I' . , '~" 't: --. - ~.' BID FORM BID #DOS-05 FUEL STORAGE & PUMP STATION Total Bid: $ 7~ Q'f9. O() t+UNORf::~D FeRTY N/f\.IE: 5E'IJENTY N/AJFTHoU5/fND NINE: dollars and NO cents. . . Meet performance period requirements: LYES NO Meet required warranty: -LYES NO Company Name: 171VJ)f\FW BELL. f /VC. r RepreseDtatiV'~ A~W 8ElL Signature: ~__ Title: PRESI DEN-r Date: V / ;;2. / 0 S- B05-05 20 Bid #BOS-05 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 WORKIBID FORM" ARE ACCURATE AND WITHOUT COLLUSION. /q/VDf\EVtI B6LL. rltC/' COMPANY NAME 401- g11- gg'l;)' TELEPHONE (INCLUDE AREA CODE) J./01- fD 5 &; - &0 gcr FAX dINCLUDE AREA CODE) BI3'LL /1V6~ ,4oL-, fom E-MAIL ADDRESS ~- ~ urnORIZED SIGNATURE (manual) /;NJ)RFMJ BF,LI PRES/DENT NAME/TIlLE (pLEASE PRINT) II1 BAy 5T/)c-ET STREET ADDRESS OcVt=E FL 3'f7fL;J CIlY STATE ZIP IF REMITIANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: P. o. Box f50CJ Q{'OE~, r:L -3'-1-710/ I FEDERAL ill # 51- 3 /1 f&; (p 'I- '3 ~Individual ~ Corporation _Partnership _Other (Specify) Sworn to and subscribed before me this I ~ day of SA.N U ,4 R ~ ,200 ~ Personally Known / or Produced Identification Notary Public - State of F LrR. ~ D j cmm~ S gnature fNotary Public f~";#~~i'- Cynthia Ann Brooks :.:~._d ;,~..::.;.~:c: Notary Public I, OF tv:,\\ .""" Atlantic Bonding Co..1nc. (Type ofIdentification) B05-05 21 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAMElADDRESS/FEDERAL to. NO./CONTACT PERSONIPHONE #: -Ro VAL ELEC TR Ie., Com PA-JlJY of CENTRAL FLOR/DAr :t:'JV0. (p 'fS- NE\AI R/JRYPoRT AIJENIlC AL-T/fmo/YTE' 5PRIIV(}'5, FL 3;). 70/ Lj-jJ7- 834- -d 3 '/.5- ('{JlYfACT' B/AK E" FeR(JwsCl}J FEDERifL T. D. 5q-~S'/qg~.~ (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 fmancially, 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. ~J ~g~g ~=;~~ ~~~t r~~3 FORD F-~~O ~LU::J::- ?J .:roltN 7)E~ E i..J. 0fJ.Cj< H. 0 z: B05-05 16 22. REFERENCESIEXPERIENCE OF RESPONDENT WITH SIMll..AR WORK The Respondent shall complete the following blanks regarding experience with similar type of work, INCLUDE AT LEAST TIIREE (3) GOVERNMENT REFERENCES. Respondent must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. Rol' Bank or other financial references: W AtH 0 V I ~ - r? 0 IS, D I LLA ~ D "5-r. WINTFR G-A-RDEN FL 3'1?J'7 LftJ?-QOS--7C/::j2 CONTACT: ELISA' R08LES (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. Ifnone, please so state. NONE B05-05 17 "1" I, I " EMPLOYEE ASSISTANCE REHABILITATION PROGRAMS: ALCOHOL AND SUBSTANCE ABUSE TREATMENT CENTER AT FLORIDA HOSPITAL TELEPHONE NUMBER: 407-897-1800 ALCOHOLICS ANONYMOUS-ORLANDO 2538 HANSROB ROAD, ORLANDO, FL TELEPHONE NUMBER: 407-521-0012 NARCOTICS ANONYMOUS TELEPHONE NUMBER: 407-425-5157 Drug-Free Workplace Policy This Employer conducts its business with the highest possible degree of safety and efficiency. Because of this we will implement our Drug-Free Workplace Policy on DECEMBER 5TH 1995 . Any employee who is taking any prescription drug which might impair safety, performance, or any motor functions must advise his supervisor before reporting to work under such medication. It will be a condition of employment for employees to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body. A summary of our Drug-Free Workplace Policy is posted op the bulletin board. If you have any questions, please contact KAY BELL ~ PLEASE POST