V(J) Approval and Authorization to Reject Bid#B04-09 Log Run Court Drainage Project; and Authorize Staff to Proceed with the Completion of this Project In-House Agenda 04-20-2004
MayorSre Center of Good Lid' Commissionejim V J
S. Scott Vandergrift e Danny Howell, District 1
Scott Anderson, District 2
City Manager. Rusty Johnson, District 3
Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Joyce Tolbert, Buye
THROUGH: Donald Carter, Finance Supervior
DATE: April 12, 2004
RE: Rejection of Bid#B04-09 Log Run Court Drainage Project
ISSUE
Should the City Commission reject the bid from Schuller Contractors Inc. for the Log Run Court
Drainage Project, and perform these services in-house?
BACKGROUND/DISCUSSION
The current fiscal year's budget contains $50,000, including design and construction, for Public
Works/Stormwater's Log Run Court Drainage Project, located in the Forest Oaks Subdivision.
The construction portion of the budget for this project is estimated at $35,000.
The bid was advertised on March 14, 2004, and publicly opened on April 1, 2004. The single bid
received is over the budget for this project.
1) Schuller Contractors, Inc. $69,000.00
Attached is a copy of the specifications for this project, and the bid from Schuller Contractors,
along with the bid tabulation. The original bid is available in the Finance Department for review.
The bid was reviewed by the Public Works and Finance Department. Per the attached
memorandum from Bob Zaitooni, Deputy Public Works Director, staff recommends rejecting the
bid from Schuller Contractors, Inc. and completing the project with a combination of in-house
staff for drainage work and sub-contracting the concrete portion, as follows:
• Up to $13,500 for concrete work for construction curb, sidewalk, and driveway;
awarded competitively based on 3 written quotes.
• Up to $1,500 for Southeastern Surveying to set and confirm elevations for gutters
and inverts of the drainage structures.
• Up to $20,000 for purchase of 2 drainage structures, pipe, grates, restoration, and
paving by in-house staff.
RECOMMENDATION
It respectfully is recommended that the City Commission reject the bid received from Schuller
Contractors Inc. for $69,000.00, for Bid #B04-09 Log Run Court Drainage Project and authorize
staff to proceed with the completion of this project with a combination of in-house staff for
drainage work and sub-contracting the concrete portion of this project.
Center of Good Lf
Mayor ireR •, f�° Commissioners
S. Scott Vandergrift " Danny Howell, District 1
Scott Anderson, District 2
Acting City Manager ; i Rusty Johnson, District 3
V. Eugene Williford, III j — • Nancy J. Parker, District 4
-'gMMyllWyy.,
MEMORANDUM
TO: Joyce Tolbert, CPPB, Buyer
FROM: Bob Zaitooni, Deputy Director Public Works
DATE: April 13, 2004
RE: Recommendation for Bid, Log Run Court
We have reviewed the bid submitted for the drainage improvement on Log Run Court and
recommend rejection of the single bid received for $69,000.00.
We recommend the project to be completed with a combination of in-house staff for drainage
work and sub-contracting the concrete portion as follows:
• Up to $13,500 for concrete work for construction curb, sidewalk, and driveway;
awarded competitively based on 3 written quotes.
• Up to $1,500 for Southeastern Surveying to set and confirm elevations for gutters
and inverts of the drainage structures.
• Up to $20,000 for purchase of 2 drainage structures,pipe, grates, restoration, and
paving by in-house staff.
If you have any questions, please contact me at extension 6002.
RZ
C: David Wheeler, Public Works Director
Buddy Elmore, Streets/Stormwater Supervisor
The City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone: (407)905-3100 •fax: (407)656-8504 •www.ci.ocoee.fl.us
CITY OF OCOEE ORIGINAL
BID#B04-09 BID FORM
LOG RUN COURT DRAINAGE PROJECT
Total Lump Sum Bid $ 0)000 . DO
FIIX+ hlY -1--Yokand Dollars and 1'10 Cents
. Lib( Itit.. /,ArS .
C-0 i Nip
Authorized 4,ature i
NtAnde/V * 9 I 1
C/00
Name/Title(Please Flint)
20
Bid#B04-09 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND
ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID
FORM"ARE ACCURATE AND WITHOUT COLLUSION.
CO 1'ANY NAME `vFp HO CL CODE)
W./NCI
! • •'� I '• O E n/fit./of Gtr /
E-MAIL ADDRESS t
1111
fa.A IF REMITTANCE ADDRESS IS DIFFERENT
AUTH t RIZED IGNATURE'*:• FROM PURCHASE ORDER ADDRESS,
��,,
PLEASE INDICATE BELOW:
i� '..l l I 1. OA
N• I TLE(PLEAS PRINT
vliprt •qestans be .
CITY S ATE ZIP
FEDERAL ID# -351.3S40
Individual iC Corporation Partnership Other(Specify)
Sworn to and subscribed before me this day of PiAtA I ,20 04.
.
Personally Known or . Aimee Fountain
` 'Commission#DD248515
Produced Identification '!.j Expires: Sep 09,2007
Expires.
Bonded Thru
L �""' Atlantic Bonding Co.,Inc.
Notary Public-State of FL
(Type of Identification) County of 0 f . a 1411111+
1. AIL: AtO.AIArob"
ature of No Public
rnec, -fiounimn
Printed,typed or stamped
Commissioned name of Notary Public
°I I 0 P,0 trt
21
BID TABULATION FOR: a
BID#B04-09
LOG RUN COURT DRAINAGE PROJECT
4/01/04 2:00 p.m.
APEC Inc. Meridith Utility Schuller'_ Tony's Benchmark
Corp.. Contractors Construction Site Develop.
TOTAL BID v' ""569 000,00:
w
Bid Security Bid Bond
Copy of Insurance yes
Certificate
1 Original& yes
(2)Copies
(1)Electronic Copy
References/Subs yes
Equipment Listing yes
Summary of Litigation
yes
**Over Budgeted Amount
Mayor Cuter of Good Llv�.g Commissioners
S. Scott Vandergrift ���,, ��.�, ..•. „� Danny Howell, District 1
City Managed
Scott Anderson, District 2
r� .�� L Rusty Johnson, District 3
Jim Gleason _ Nancy J. Parker, District 4
CITY OF OCOEE
INVITATION TO BID #04-09
FOR
LOG RUN COURT
DRAINAGE PROJECT
TABLE"OF"CONTENT'S
FOR , y
BID#B04-09
LOG RUN COURT DRAINAGE PROJECT
BID DOCUMENTS
3 Legal Advertisement
4 thru 6 Invitation to Bid#B04-09
7 thru 15 General Terms & Conditions
16 Subcontractors/Equipment Listing
17 References/Summary of Litigation
SCOPE OF WORK/BID FORM
18 thru 19 Scope of Work/Special Conditions
20 Bid Form
21 Company Information/Signature Sheet
END OF TABLE OF CONTENTS
2
LEGAL ADVERTISEMENT
Ocoee City Commission
Sealed bids will be accepted for Bid #B04-09, LOG RUN COURT DRAINAGE PROJECT,
no later than 2:00 PM, local time, on April 1,2004.
The project is located in the Forest Oaks subdivision, north of A.D. Mims Road and west of Prairie
Lake Boulevard. The purpose of this project is to alleviate flooding at a residential driveway and
dwelling. The work as depicted on the project plans shall include:
• Construction of two(2)additional drainage structures
• Connect the new structures to the existing stormwater collection system
• Reconstruct a portion of the existing curb & gutter
• Reconstruct a portion of the existing sidewalk and driveway
• Restore the pavement and affected landscaping
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.
Bids will be received in the City of Ocoee, Attn: Joyce Tolbert, Buyer, 150 N. Lakeshore Drive,
Ocoee, Florida 34761-2258, itolbert@ci.ocoee.fl.us.
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. There will not be a pre-
bid conference for this project.
A 5% Bid Security is required for this bid.
Prospective bidders may secure a copy of the complete bid package, from Joyce Tolbert at Ocoee
City Hall Finance Department, 150 N. Lakeshore Drive, Ocoee, FL 34761-2258, for a non-
refundable fee of$25.00. Checks should be made payable to the City of Ocoee. Partial sets of
bid documents will not be issued.
All bids shall be submitted as one (1) original and two (2) copies, PLUS one (1) electronic
copy in .pdf format, in a single file, on a single compact disc or floppy diskette, of the
required submittals in a sealed envelope plainly marked on the outside with the appropriate bid
number and opening date and time.
No fax or electronic submissions will be accepted.
City Clerk March 14, 2004
3
CITY OF OCOEE
INVITATION TO BID#B04-09
LOG RUN COURT DRAINAGE PROJECT
INTENT:
Sealed bids for Bid #B04-09 will be received by the City of Ocoee, hereinafter called"The City",
by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter
called"Respondent".
The proposed Contract will be for the labor, supervision, materials, equipment, supplies and
incidentals for the Log Run Court Drainage Project for the City of Ocoee at the location listed
under the"Scope of Work/Special Conditions" section of this Invitation to Bid.
BIDDING INSTRUCTIONS:
A. Each respondent shall furnish the information required on the bid form supplied and each
accompanying sheet thereof on which an entry is made. Bids submitted on any other format
shall be disqualified. Please check your prices before submission of bid as no changes will
be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use
pencil. No erasures permitted. Mistakes may be crossed out and the correction typed adjacent
and must be initialed and dated by person signing the bid. Bid documents must be signed by
a legally responsible representative, officer, or employee and should be properly witnessed
and attested. All bids should also include the name and business address of any person, firm
or corporation interested in the bid either as a principal, member of a firm or general partner.
If the respondent is a corporation, the bid should include the name and business address of
each officer, director, and holder of 10% or more of the stock of such corporation.
B. Any questions or concerns regarding this bid should be addressed in writing to the Finance
Department, City of Ocoee, FL, Attention: Joyce Tolbert, Buyer (407)905-3100, extension
1516 and fax (407)656-3501, not later than March 26, 2004. Any clarifications/changes will
be through written addenda only, issued by the Finance Department. Respondents should not
contact City staff, with the exception of Joyce Tolbert, Buyer, or other City consultants for
information before the bid award date. Any contact with any other member of the City Staff,
City Commission, or its Agents during this time period may be grounds for disqualification.
C. This bid must be received as one (1) original and two (2) paper copies, and one (1) copy in
electronic .pdf format, in a single file on a single compact disc or floppy diskette
enclosed inside the sealed bid package, of the required submittals only, by the Finance
Department not later than 2:00 P.M., local time, on April 1, 2004. Bids received by the
Finance Department after the time and date specified will not be considered, but will be
returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e-
mail will not be accepted. Bids shall be delivered in a sealed envelope, clearly marked with
the bid number, title, and opening date and time to:
City of Ocoee
Finance Department
Attention: Joyce Tolbert, Buyer
150 N Lakeshore Drive
Ocoee,FL 34761-2258
4
D. Bids will be publicly opened and read at the Ocoee City Hall Conference Room, 150 N.
Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as possible
on the above-appointed date. Respondents or their authorized agents are invited to be present.
Please be aware that all City Commission meetings are duly noticed public meetings and all
documents submitted to the City as a part of a bid constitute public records under Florida
law.
E. All respondents shall thoroughly examine and become familiar with the bid package and
carefully note the items which must be submitted with the bid, such as:
a) Bid Security in the form of a Cashier's or Certified check or Bid Bond;
b) Copy of Insurance Certificate;
c) List of References/Experience;
d) List of Subcontractors/Temporary Worker Agencies;
e) Equipment Listing;
f) Summary of Litigation;
g) Copy of bid submittals in electronic .pdf format(CD or Floppy Disk);
h) 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 project. Please contact Joyce Tolbert, Buyer to
arrange 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 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 warned 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
5
subparagraph, firms, partnerships or corporations under common control may be
considered to be the same entity;
b) Evidence of collusion between or among respondents;
c) Being in arrears on any of its existing contracts with the City or in litigation with the
City or having defaulted on a previous contract with the City;
d) Poor, defective or otherwise unsatisfactory performance of work for the City or any
other party on prior projects which, in the City's judgement 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 judgement and sole discretion, is sufficient to
justify disqualification of Respondent or the rejection of its bid.
No bid may be withdrawn for a period of ninety (90) days after the time and date
scheduled for the bid opening.
The City reserves the right to accept or reject any or all bids, to waive informalities
or irregularities, to request clarification of information submitted in any bid, or to
readvertise for new bids. The City may accept any item or group of items of any
bid,unless the respondent qualifies his/her bid by specific limitations.
Award, if made, will be to the most responsible and responsive respondent whose
bid, in the City's opinion, will be most advantageous to the City, price and other
factors considered. The City reserves the right, to aid it in determining which bid is
responsible, to require a respondent to submit such evidence of respondent's
qualifications as the City may deem necessary, and may consider any evidence
available to the City of the financial, technical, and other qualifications and abilities
of a respondent, including past performance (experience) with the City and others.
The City Commission shall be the final authority in the award of any and all bids.
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 Such cashier's check or Bid Bond is
submitted as a guaranty 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 coverages 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.
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 therefor and the
Contractor shall be liable to the City for any excess costs resulting therefrom. In the
event the Contractor has been declared in default of a portion of the contract, the
Contractor shall continue the performance of the contract to the extent not terminated
under the provisions of this paragraph. Where the Contractor fails to comply with any of
the specifications, except for delivery deadline(s), the City may, in its discretion, provide
the Contractor with written notification of its intention to terminate for default unless
prescribed deficiencies are corrected within a specified period of time. Such notification
shall not constitute a waiver of any of the City's rights and remedies hereunder.
4. PATENT INDEMNITY:
Except as otherwise provided, the successful respondent agrees to indemnify the City and
its officers, agents, and employees against liability, including costs and expenses for
infringement upon any letters patent of the United States arising out of the performance of
this Contract or out of the use or disposal by or for the account of the City or supplies
furnished or construction work performed hereunder.
5. PRICING:
Pricing should be provided as indicated on the Scope of WorkBid 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.
By submission of this bid, the Respondent certifies, and in the case of a joint bid, each
party thereto certifies as to its own organization,that in connection with this procurement:
a) The Respondent represents that the article(s) to be furnished under this Invitation to
Bid is (are) new and unused (unless specifically so stated) and that the quality has not
deteriorated so as to impair its usefulness.
b) The prices in this bid have been arrived at independently, without consultation,
communication, or agreement for the purpose of restriction competition, as to any
matter relating to such prices with any other respondent or with any competitor;
c) Unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the Respondent and will not knowingly be disclosed
8
by the Respondent prior to opening, directly or indirectly to any other respondent or to
any competitor;
d) No attempt has been made or will be made by the Respondent to induce any other
person or firm to submit or not to submit a bid for the purpose of restricting
competition. Every contract, combination or conspiracy in restraint of trade or
commerce in this State is unlawful (Florida SS 542.18 and all applicable federal
regulations);
e) Respondent warrants the prices set forth herein do not exceed the prices charged by
the respondent under a contract with the State of Florida Purchasing Division; and
f) Respondent agrees that supplies/services furnished under this quotation, if awarded,
shall be covered by the most favorable commercial warranties the Respondent gives
to any customer for such supplies/services and that rights and remedies provided
herein are in addition to and do not limit any rights offered to the City by any other
provision of the bid award.
6. DISCOUNTS:
a) Trade and time payment discounts will be considered in arriving at new prices and in
making awards, except that discounts for payments within less than 30 days will not
be considered in evaluation of bids. However, offered discounts will be taken for less
than 30 days if payment is made within discount period.
b) In connections with any discount offered, time will be computed from date of
delivery and acceptance at destination, or from the date correct invoice is received
in the office of Finance, whichever is later. Payment is deemed to be made, for
the purpose of earning the discount, on the date of City Check.
7. SAMPLES:
Samples of items, when required, must be furnished free of expense to the City and if not
called for within fifteen days from date of bid opening, same will be disposed of in the
best interest of the City.
8. AWARD CRITERIA:
The contract will be recommended to be awarded to the overall lowest most responsive
and responsible bidder according to the following criteria:
• Compliance with specifications,terms, and conditions
• Bid Price
• Warranty Offered
• Delivery Time
• Experience with similar work
9
9. LITERATURE:
If required by the Bid Schedule, or the specifications, descriptive literature/brochures
shall be included with this bid in order to properly evaluate make/model offered. Bids
submitted without same may be considered non-responsive and disqualified.
10. DISPUTES:
Any bidder who disputes the reasonableness, necessity, or competitiveness of the terms
and/or conditions of the Invitation to Bid, selection or award recommendation shall file a
protest in writing to Joyce Tolbert, Buyer not later than seventy-two (72) hours after
award.
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:
a) 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.
b) 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.
10
13. SAFETY REQUIREMENTS:
The Respondent guarantees that the services to be performed and the goods to be
provided herein, shall comply with all applicable federal, state and local laws, ordinances,
regulations, orders and decrees, including without limitation such of the following acts as
may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards
Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act,
Federal Flammable Fabrics Act, and any applicable environmental regulations.
a) All contractors are required to comply with the Congressional Federal Register(CFR)
of the U.S. Department of Labor, Occupational Safety and Health Administration
(OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry
Standards,that are applicable in construction work.
b) The prime contractor is not only responsible for the safety aspects of his operation and
employees, but also that of all subcontractors on the job site.
c) Assure that a certified first aid person is designated, phone numbers of physicians,
hospital and ambulance services are posted (copy to Personnel Director, City of
Ocoee) and that a first aid kit is available.
d) All individuals are required to wear hard hats on all construction sites.
e) Provide personal protective equipment that may be required for jobs in progress (e.g.:
hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.).
f) Observe the speed limit on City property.
g) Construction areas cleaned daily; excavations must be barricaded or flagged until
backfilled. In some cases, bracing, shoring and sloping may be required.
h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement.
i) Powder actuated stud guns or low velocity and/or similar powder actuated tools
require eye and ear protection as well as to ensure that all unauthorized personnel are
well clear.
j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided
and combustible materials cleaned up.
k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom
angle indicator, (c) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook
and other items in accordance with OSHA 1926.550 and ANSI B30.5.
1) Construction material shall not be stored so as to block exits.
m) Ground fault circuit interrupters are required on all electrical circuits not part of the
permanent wiring of the building.
n) Personal fall protection must be provided at elevations exceeding ten(10) feet.
o) Per City Ordinance, any Contractor using construction dumpsters within the
City of Ocoee must obtain these services through Superior Waste Services of Florida,
Inc.
14. DRUG-FREE WORKPLACE:
If applicable, provide a statement concerning the Respondent's status as a Drug-Free
Work Place or evidence of an implemented drug-free workplace program.
11
15. CERTIFICATION OF NON-SEGREGATED FACILITIES
The Respondent certifies that the respondent does not and will not maintain or provide
for the respondent's employees any segregated facilities at any of the respondent's
establishments and that the respondent does not permit the respondent's employees to
perform their services at any location, under the respondent's control, where segregated
facilities are maintained. The Respondent agrees that a breach of this certification will be
a violation of the Equal Opportunity clause in any contract resulting from acceptance of
this Bid. As used in this certification, the term "segregated facilities" means any waiting
room, work areas, time clocks, locker rooms and other storage and dressing areas,parking
lots, drinking facilities provided for employees which are segregated on the basis of race,
color, religion, national origin, habit, local custom, or otherwise. The Respondent agrees
that (except where the respondent has obtained identical certification from proposed
contractors for specific time periods) the respondent will obtain identical certifications
from proposed subcontractors prior to the award of such contracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity clause, and that the
respondent will retain such certifications in the respondent's files.
The non-discriminatory guidelines as promulgated in Section 202, Executive Order
11246, and as amended by Executive Order 11375 and as amended, relative to Equal
Opportunity for all persons and implementations of rules and regulations prescribed by
the U.S. Secretary of labor, are incorporated herein.
16. STATEMENT OF AFFIRMATION AND INTENT:
The respondent declares that the only persons, or parties interested in their bid are those
named herein, that this bid is, in all respects, fair and without fraud and that it is made
without collusion with any other vendor or official of the City of Ocoee. Neither the
Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive
pricing in connection with the entity's submittal for the above project. This statement
restricts the discussion of pricing data until the completion of negotiations and execution
of the Agreement for this project.
The respondent certifies that no City Commissioner, other City Official or City employee
directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or
indirectly benefit by the profits or emoluments of this proposal. (For purposes of this
paragraph, indirect ownership or benefit does not include ownership or benefit by a
spouse or minor child.)
The respondent certifies that no member of the entity's ownership or management is
presently applying for an employee position or actively seeking an elected position with
the City. In the event that a conflict of interest is identified in the provision of services,
the respondent agrees to immediately notify the City in writing.
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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
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.
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19. INSURANCE REQUIREMENTS:
The Contractor shall not commence any work in connection with an Agreement until all
of the following types of insurance have been obtained and such insurance has been
approved by the City, nor shall the Contractor allow any Subcontractor to commence
work on a subcontract until all similar insurance required of the subcontractor has been so
obtained and approved. Policies other than Workers' Compensation shall be issued only
by companies authorized by subsisting certificates of authority issued to the companies by
the Department of Insurance of Florida and which maintain a Best's Rating of "A" or
better and a Financial Size Category of "VII" or better according to the A.M. Best
Company. Policies for Workers' Compensation may be issued by companies authorized
as a group self-insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money which may represent a deductible in any insurance policy. The
payment of such deductible shall be the sole responsibility of the General Contractor
and/or subcontractor providing such insurance.
b) Workers' Compensation Insurance: The Contractor shall take out and maintain during
the life of this Agreement, Worker's Compensation Insurance for all the Contractor's
employees connected with the work of this project and, in any case any work is sublet,
the Contractor shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Contractor. Such insurance shall comply
fully with the Florida Workers' Compensation Law. In case any class of employees
engaged in hazardous work under this contract for the City is not protected under the
Workers' Compensation statute, the Contractor shall provide, and cause each
subcontractor to provide adequate insurance, satisfactory to the City, for the protection
of the Contractor's employees not otherwise protected.
c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall
take out and maintain during the life of this Agreement COMMERCIAL
AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an
additional insured, as shall protect the Contractor from claims for damage for personal
injury, including accidental death, as well as claims for property damages which may
arise from operations under this Agreement whether such operations be by the
Contractor or by anyone directly or indirectly employed by the Contractor, and the
amounts of such insurance shall be the minimum limits as follows:
1) AUTOMOBILE BODILY INJURY LIABILITY
• $1,000,000 Combined single limit per occurrence (each person, each accident)
2) AUTOMOBILE PROPERTY DAMAGE LIABILITY
• $1,000,000 Combined single limit per occurrence
3) COMPREHENSIVE GENERAL LIABLILITY - this policy should name the City of
Ocoee as an additional insured and should indicate that the insurance of the Contractor
is primary over the insurance of the City of Ocoee.
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• $1,000,000 PROPERTY DAMAGE LIABILITY (other than automobile) Combined
single limit per occurrence
• $1,000,000 BODILY INJURY (other than automobile) Combined single limit per
occurrence
• $2,000,000 GENERAL AGGREGATE
• $1,000,000 PRODUCTS/COMPLETED OPERATIONS
• $1,000,000 PERSONAL &ADVERTISING INJURY
d) Subcontractor's Public Liability and Property Damage Insurance: The Contractor shall
require each subcontractor to procure and maintain during the life of this subcontract,
insurance of the type specified above or insure the activities of these subcontractors in
the Contractor's policy, as specified above.
e) Owner's Protective Liability Insurance: The Contractor shall procure and furnish an
Owner's Protective Liability Insurance Policy with the following minimum limits is
required if the City is not named as an additional insured under the General Liability
policy:
1) BODILY INJURY LIABILITY
• $1,000,000 Combined single limit per occurrence
2) PROPERTY DAMAGE LIABILITY
• $1,000,000 Combined single limit per occurrence
f) Contractual Liability - Work Contract: The Contractor's insurance shall also include
contractual liability coverage. NOTE: PUBLIC LIABILITY INSURANCE AND
AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS
ADDITIONAL INSURED.
g) Certificates of Insurance: Certificate of Insurance Form, naming the City of Ocoee as
an additional insured will be furnished by the Contractor upon notice of award.
These shall be completed by the authorized Resident Agent and returned to the Office
of the Buyer. This certificate shall be dated and show:
1) The name of the Insured contractor, the specific job by name and job number, the
name of the insurer, the number of the policy, its effective date, its termination date.
2) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior
to any material changes in provisions or cancellation of the policy.
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20. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY
NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #:
(Attach additional sheets if necessary)
The respondent certifies that the respondent has investigated each
subcontractor/temporary worker agency listed and has received and has in the
respondent's files evidence that each subcontractor/temporary worker agency maintains a
fully-equipped organization capable, technically and financially, of performing the
pertinent work and that the subcontractor/temporary agency has done similar work in a
satisfactory manner. It is further acknowledged by the contractor that any CHANGE
or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's
approval before any work shall commence by the additional subcontractor on this
project.
21. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee
properties, including whether owned or leased. If leased please provide name of lessor.
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22. REFERENCES/EXPERIENCE OF RESPONDENT WITH
SIMILAR WORK
The Respondent shall complete the following blanks regarding experience with similar
type of work. Respondent must demonstrate ability to perform services of similar
complexity, nature, and size of this project within past three years.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/
TELPHONE NUMBER/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.
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CITY OF OCOEE
LOG RUN COURT DRAINAGE PROJECT
SCOPE OF WORK/SPECIAL CONDITIONS
GENERAL INFORMATION
The project is located in the Forest Oaks subdivision, north of A.D. Mims Road and west of Prairie Lake
Boulevard. The purpose of this project is to alleviate flooding at residential driveway and dwelling at 303
Log Run Court. The work as depicted on the project plans shall include:
• Construction of two(2)additional drainage structures
• Connect the new structures to the existing stormwater collection system
• Reconstruct a portion of the existing curb& gutter
• Reconstruct a portion of the existing sidewalk and driveway
• Restore the pavement and affected landscaping
SPECIAL CONDITIONS
Time to Start: Contractor shall begin work within 15 calendar days of the official notice to proceed from
the City.
Construction Time: Twenty-one (21) calendar days is allowed for the complete construction of the
project. Request for allowance for rain days and adjustments to the construction time shall be presented
to the City project manager for approval.
Access: Contractor shall maintain full and safe access to all residential dwellings within the project site.
Work Hours: Work hours shall be limited between the hours of 6:00 AM and 7:00 PM, Monday through
Saturday. City Ordinance does not permit work on Sundays.
Road Closures: Full road closures are not permitted.
Traffic Control: Contractor shall be responsible for work zone signs and barricades in accordance with
the requirements of the latest Edition of the MUTCD as required for the maximum safety of the
motorists, bicyclists, and pedestrians. Contractor shall provide flagging operation for momentary traffic
stoppage or partial closures. Contractor shall provide a formal plan to the City project manager for the
maintenance of traffic for approval.
Utility Locations: Contractor shall be responsible for contacting the utility companies for location of the
underground utilities. All damages to utilities as a result of contractor's action, above or below ground
shall be fully restored at the expense of the contractor. For location of utilities, contact Sunshine One
Call at 1-800-432-4770.
Inspections: City will not provide full time construction observation; therefore. Contractor shall be
completely responsible to keep the City project manager informed of events related to the project. Failure
of the City to identify discrepancies shall not relieve the contractor of their obligation to construct the
project according to the plans and specifications.
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Specifications & Standards: Refer to project construction drawings for specifications, standards, details,
and materials.
Project Material: Contractor shall use only approved construction material for this project in accordance
with the latest construction industry guidelines.
Pavement Restoration: Contractor shall neatly saw-cut and remove the affected area of the existing
pavement and base. After completion of the new construction, contractor shall restore the roadway base
(10"of lime rock)and pavement(1.5"Type S III).
Landscaping & Sod: Contractor shall place sod at all areas adjacent to new sidewalk and driveway
construction; and shall replace all damaged plants at no extra expense to the project.
Clean-up & Restoration: Contractor shall remove all construction debris and sweep the entire cul-de-sac
area, sidewalk, and residential driveways as necessary and as directed by the project manager after the
completion of the project.
Final Acceptance: After a final inspection, City shall formally accept the project from the contractor.
The contractor shall contact the City Engineering office at (407) 905-3100 x 1505 to arrange for a final
inspection.
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CITY OF OCOEE
BID #B04-09 BID FORM
LOG RUN COURT DRAINAGE PROJECT
Total Lump Sum Bid $ .
Dollars and Cents
Company Name
Authorized Signature
Name/Title (Please Print)
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Bid#B04-09 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND
ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID
FORM"ARE ACCURATE AND WITHOUT COLLUSION.
COMPANY NAME TELEPHONE(INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
NAME/TITLE(PLEASE PRINT)
STREET ADDRESS
CITY STATE ZIP
FEDERAL ID#
Individual Corporation Partnership Other(Specify)
Sworn to and subscribed before me this day of ,20 .
Personally Known or
Produced Identification
Notary Public-State of
(Type of Identification) County of
Signature of Notary Public
Printed,typed or stamped
Commissioned name of Notary Public
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