Item #06 Award of Bid #B07-02 Laboratory Services for City Water and Wastewater Facilities Term Contract
AGENDA ITEM COVER SHEET
Meeting Date: May 15, 2007
Item # "
Contact Name:
Contact Number:
Crystal Conley
1523
Reviewed By:
Department Director:
City Manager:
1/JP--
Subject: Award of Bid #B07-02 Laboratory Services for City Water and Wastewater Facilities
Term Contract
Background Summary:
The current contract for Lab Services expired on April 30, 2007. The services were bid out and three responses
were received. The Utilities Department and Finance Department have reviewed the bids. Staff recommends
awarding Bid #B07-02 Term Contract for Laboratory Services for City Water and Wastewater to TestAmerica
Analytical Testing Corporation as the most responsive and responsible bidder.
Issue:
Award the bid for Laboratory Services for City Water and Wastewater Facilities term contract to TestAmerica
Analytical Testing Corporation.
Recommendations
Staff recommends that the City Commission:
1) Award Bid #B07-02 to TestAmerica Analytical Testing Corporation in the estimated annual amount of
$26,050.00 for five (5) years with one (1) year renewal.
2) Authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents once the appropriate
insurance is secured.
Attachments:
1. Bid Tabulation
2. TestAmerica Analytical Testing Corporation Bid
3. Tri-Tech Analytical Laboratories Bid
4. Flowers Bid
5. ITB #B07 -02
6. Tri-Tech Protest
Financial Impact:
$26,050.00 Annually
Type of Item: (please mark with an "x')
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_ Consent Agenda
Public Hearing
_ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
~ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
2
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel Keller, District 4
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
STAFF REPORT
DATE:
The Honorable Mayor and City Commissioners
Crystal Conley, Purchasing TechniCianVL-
Joyce Tolbert, Purchasing Agen~
May 8, 2007
TO:
FROM:
THROUGH:
RE: Award of Bid #B07 -02 for Laboratory Services for City Water and Wastewater
Facilities Term Contract.
ISSUE
Award the bid for Laboratory Services for City Water and Wastewater Facilities Term Contract to TestAmerica
Analytical Testing Corporation.
BACKGROUNDIDISCUSSION
The current term contract expired on April 30, 2007. The bid was publicly advertised on March 25,2007, and
opened on April 17, 2007. There were a total of three (3) response to this bid:
Bidder
1. TestAmerica Anal tical Testin Cor oration
2. Tri- Tech Anal tical Laboratories
3. Flowers Chemical Laboratories, Inc.
Total Annual
$26,050.00
Non res onsive
$40,150.00
The Utilities Department and Finance Department have reviewed the bids. Staff recommends awarding Bid
#B07-02 Term Contract for Laboratory Services for City Water and Wastewater to TestAmerica Analytical
Testing Corporation as the most responsive and responsible bidder. Attached is a copy ofthe bids from each
bidder, along with the bid tabulation. All bids are available in the Finance Department for review.
Tri- Tech Analytical Laboratories' bid is considered non-responsive for failure to use the revised bid form which
affected their bid price. Tri- Tech filed a protest and the City denied the protest on the advice of the City
Attorney, a copy of this protest is attached.
1
BID TABULATION FOR:
BID #B07 -02
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER FACILITIES
04/17/07 2:00 P.M.
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Bid Security $1,000.00 Cashier's Check Cashier's Check Cashier's Check
Signed Original &
(3) Copies Yes Non-responsive. Disqualified Yes
References/Experience Form Yes do to failure to submit bid on Yes
Equipment Listing Form Yes revised bid form which Yes
Summary of Litigation Form Yes affected their bid price. Bid Yes
License Check Yes Security will be returned. Yes
Subcontractors & Suppliers Form Yes Yes
Acknowledgement of Addenda Yes Yes
est. " ot
samples per Price Price
Parameter year Each Total Bid Price Price Each Total Bid Price Each Total Bid Price
CBOD 52 $15.00 $780.00 $20.00 $1,040.00
CHLORIDES 84 $8. 00 $672.00 $13.00 $1,092.00
DISSOLVED SOLIDS (TOTAL) 84 $8.00 $672.00 $12.00 $1,008.00
r '1 lI::ngllll
"'. ".,
FILTRATION) 450 $8.0C $3,600.00 $15.00 $6,750.00
GIARDIA AND CRYPTOSPORDIUM 1 $420.00 $420.00 $700.00 $700.00
MITRA TE AS N 136 $8.00 $1,088.00 $10.00 $1,360.00
SOLIDS (TIS) 470 $7.00 $3,290.00 $10.00 $4,700.00
TURBIDITY 84 $6.00 $504.00 $5.00 $420.00
SLUDGE ANAL YDIS (503) 4 $180.00 $720.00 $195.00 $780.00
GEL STANDARDS 12 $10.00 $120.00 $35.00 $420.00
METER CALI BRA TIONS 4 $10.00 $40.00 $50.00 $200.00
MICROBIOLOGICAL 552 $8.00 $4,416.00 $15.00 $8,280.00
TOTAL TRIHALOMETHANES (TIHMs) 36 $40.00 $1,440.00 $45.00 $1,620.00
FIVE HALOACETIC 36 $8.00 $288.00 $105.00 $3,780.00
DELIVERY/DROP OFF CHARGES 400 $20.00 $8,000.00 $20.00 $8,000.00
TOTAL LUMP SUM BID $26,050.00 $0.00 $40,150.00
COMPANY INFORMATION/SIGNATURE SHEET BID #B07-02
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 SHEET" ARE ACCURATE AND WITHOUT
COLLUSION.
/" .
WfhenCov ~j~:cJ ff~lnOLf'
COMPANY NAME
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
A HORI D SIGNAT E (manual)
Sinnife-f #(,t~ ~:M'<rro.1 JC6ih. <&,~ I _
NAME/TITLE (PLEASE P T) c;;:J/I"::(qy
LI3/O M-ArvlR.ISm ~ Md
STREET ADDRESS
o(/OJ1dO ~ fL 3C1g/ a
CITY TATE ZIP
FEDERAL ID # Qa-(X/6SQS'7
_Individual -X-Corporation _Partnership _Other (Specify)
Swom to and subscribed before me this /1.. day of ~;j /
Personally Known~ or
, 20Q:L,
Produced Identification
(Type of Identification)
....
Signature of Nota ublic
'~Ya.lt c-/1 ~,; rn
Printed, typed or stamped
commissioned name of Notary Public
B0702 Lab Services
23
20. LIST OF SUBCONTRACTORS:
(Attach additional sheets if necessary)
The respondent certifies that the respondent has investigated each subcontractorltemponiry 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 perfonning the pertinent work and that the subcontractor/temporary agency has done
similar work in a satisfactory manner.
21. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee properties, including
whethyr owned or leased. If leased please .(Jrovide name of lessor.
::Xr;J OlAf ud6c.h~L.tip{l"fA li'sh
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, in particular, references to an existing location where the same system is
currently operating.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS (INCLUDE
CONTACT):
I, ~ 401~q33-S3oJ.c .1
C!.J
1
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I I L{ C(
Wi?,: WOY~;nIA- with :th~ ,,->,'nCv aooL{ el/tnU/Z.J:' aOK/~eo.-r
Have you any \Sim~lar work in pro~ress at this time? Yes-X.. No _' Length of time III
business~ tar Or\(A,rdo L-oJx'fodoY-y)!11 ~~ f2w- ~~me,r{CA &~
Bank or other financial references: ,~~/ ()LAf ~ \(L...l
(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.
1t;--~"t ~o 1~~GY\S_t CM1[-~~i h'k~ :g61-Arru:~
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24. ACKNOWLEDGEMENT OF ADDENDA:
Bidder acknowledges receipt of the following addenda:
No. Ofle-ll)
No.
No.
No.
No.
Dated.1 Q)<3oo1
Dated
Dated
Dated
Dated
B0702 Lab Services
18
ORIGINAL
BID #B07-02
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER FACILITIES
BID FORM
EST. # OF SAMPLES PER YEAR TOTAL BID
"
# PARAMETER METHOD WATER A'ND WASTEWATER TOTAl., PRICE EACH PRICE
1 CBOD 52 52 $ /5 $ ']~O
2 Chlorides 84 84 $ ~ $ (n 1'd
3 Dissolved soUds (Tolall 84 84 $ rt $ (n 17::J.
4 Fecal Coliform (Membrane Filtration' 450 450 $R $ .~ (Dno
5 Giardia and Crvptospordium 1 1 $,4;),0 $ Lia()
6 Nilrate as N 136 136 $ <J $ }, OR~
7 SoUds (TSS) 470 470 $1 , $~(~ 9n
8 Turblditv 84 84 $ to $ '&-:JLI
9 Sludqe Analvsls (503) arOUD price 4 $ I XO $ '7:J()
10 (3el Standards 12 12 $10 $ lao
11 Meter Calibrations 4 4 $ /0 $ 40
12 Microbiolooical 552 552 $ f $ Lj ..LI J In
$ 40 I
13 Iolal.Trlhalomethanes (TTHMs) 36 .36 $ (LiLlO
14 Five Haloacetlc 36 36 $ 1 $ ~9~
15 Deliverv/oroD off charges N/A 400 trios 400 $ ,9() $ ? OQn
SUB-TOTAL (TOTAL OF L1Nl;S #1- #15 TOTAL BID PRICl;) $ rZClf) $ !}iJJ_ 0'50
Submitted by:
~/&,AMre~1~.f/
Company , Gorp,
. ~/P!01
Dale
iV/A 'hJUo! J1J# ()J~()(PS57S1
Professional License Number
*Accept Vlsa@Card?8No
B07Q2 Lab Services
22
COMPANY INFORMATION/SIGNATURE SHEET BID #B07-02
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
THA l' THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID SHEET" ARE ACCURATE AND WITHOUT
COLLUSION.
'_~~ L~\6,:x:nc.-
COMPANY NAME
L\6/~ dlS -84b?:>
TELEPHONE ,(INCLUDE AREA CODE)
401- des ,- "1,'61
FAX (INCLUDE AREA CODE) _L
*\C\~ Q. ~\S~~ (\e..---r
E-MAIL ADDRESS
~c=.~
rAUTH~~A~RE;anUal)
\c~'l"'t\..~ 0c:.. ~~~
NAME/TITLE (PLEASE PRINT)
"7d~D O\J. ~e-0vJ-\
STREET ADDRESS -:::J
~~ ~L 3d<gO {
CITY STATE ZIP
FEDERAL ID # 59 - ::oa~dd
_Individual v Corporation _Partnership _Other (Specify)______
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
Sworn to and subscribed before me this
/"1 day of Af~ LI
,20iLl
Personally Known 0---" or
Produced Identification
(Type of Identification)
Signature 0 ota Public
4:~+ L ~ r(uds~.
Prin ed, typed or stamped
commissioned name of Notary Public
~.,.vpo...
J>~"'1--
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..~ 0; 1\0'-'
Notary Public Slale of Florida
Robert l. Hudson
My CommiSSion DD465912
Expires 10/31/2009
80702 Lab Services
23
20. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY
NAME/ADDRESS/FEDERAL J.D. NO.lCONTACT PERSON/PHONE #:
()~O ~\ct-\eS ~\5E:.\of\
~ &n- ~\ Q... .~
Or\C\~ 2>~2>9
$9- . ~I
(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.
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.
~ ~~e~ s~~~
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, in particular, references to an existing location where the same system is
currently operating.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS (INCLUDE
CONTACT):
C~ oR- \'\\CU"\-\- ~
\0.$0 . (\, t\\Ij"'\~&. ~'-\\~
~: ~c~ ~L ~d/S7
. (\ ~ (~ee..
Ji O:Q, ~ro-~
B0702 Lab Services
17
t:qulpment Identification Log
IASSignedl Serial
Number i Number i Brand I Model I Instrument Type Usage
Chemistry
TTA 14 7737 Corning Scholar 425 wi 3in1 probe pH meter I probe 150.1
TTA 16 69772 Orion 850 DO meterl probe 405.1, 5210B, Dis 02
iiA 19 A83000-1122 Lachat Quick Chern 8000 FIA 353.2, 325.3
TT A 36 A64026006 Denver Instruments APX-200 Analytical Balance 160.1,160.3
TTA 37 N/A Sanplatee Corp DryKeeper Dessicator 160.1, 160.3
TT A 40 638910300305 Thermolyne Cinmarc 2 stir plate 150.1, 5210B, 405.1
TTA 41 030400033364 Hach pocket CI ReCI colorimeter 330.5
Microbioloav
TTA 21 6414QB-10 Ritter -Syborn 4000 Autoclave Sterilization
TT A 23 NA NA NA UV Sterilization Cabinet Funnels/BW
TT A 24 7123260800 OHAUS Scout Pro SP 401 top load balance Media, samples
TT A 25 71104123 Fisher Fisher Stirring Hot Plate Stirring Hot Plate agar
TTA 26 71104128 Fisher Fisher Stirring Hot Plate Stirring Hot Plate aaar
TT A 30 NA Bio- Technoloiges Model 309 Colony Counter Micro
INC 3 SN600011419 Precision NA 44 DC Waterbath 9222D
INC 4 NA Baxter Scientific Products 350C Incubator 9222B,9222D
Have you any similar work III progress at this time? Yes V No
business \/
Length of time III
Bank or other financial references: ~~ eii! ~\c..~
(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.
~e..
24. ACKNOWLEDGEMENT OF ADDENDA:
Bidder acknowledges receipt of the following addenda:
No.
No.
No.
No.
No.
a
:3
'1
5
Co
Dated
Dated
Dated
Dated
Dated
'1~ \)-0'1
~'\J- oj
'-\- \1- 07
'1- \/-0"/
'-\ . ('>. 01
80702 Lab Services
18
BID #B07-01
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER FACILITIES
BID FORM
EST. # OF SAMPLES PER YEAR TOTAL BID
# PARAMETER METHOD WATER AND WASTEWATER TOTAL PRICE EACH PRICE
1 CBOD 52 52 $ IS-cO $ '1~O-CO
2 Chlorides 84 84 $ \4,00 $ I nb-c>C>
3 Dissolved solids (Total) 84 84 $ \ 'd-cO $ ',C)(JX.CO
4 Fecal Coliform (Membrane Filtration' 450 450 $ \0.-00" ~\SO- 00
5 Giardia and Cryptospordium 1 1 $'::las":OO -idS-co
'\ " \ . ....1
6 Nitrate as N 136 136 $"',.t4~'66 $ ,qcH- 00
7 Solids (TSS) 470 470 $ r ,(l.o0 $ 5 bllO..oo
8 Turbidity 84 84 $ <=\.06> $ ISh-DO
9 Sludqe Analysis (503) qroup price. $ 'aSO-ClO $ 'dSO.OO
10 Gel Standards 12 12 $ 40..00 $ '-\90..00
11 Meter Calibrations 4 4 $ ~o-eo $ ltoo-OD
12 MicrobioloQical 552 $ 10,00 $ $.sdO-OO
13 Total Trihalomethanes (TTHMs) 36 $ S5 -Or:> $ I. C\~O-OO
-5,":';;::"'--"-- $ 39 '=D ..CO
14 Five Haloacetic 36 $ ,,1 \ 0- <'''9)
,--_...,r't'
SUB-TOTAL (TOTAL OF LINES #1 - #14 TOTAL BID PRICE) $ \3\b.00 ~'i 181.00
Submitted by:
'--c~
CAuthorized signature
\
\ .
.~-:\'~ ~a('~cs.
Company
c-'
\~(C\. L>..t Gx.:.. ~~C~
Printed name and title
L\-\.J -0'1
Date
e~~~
Professional License Number
*Accept Visa@ Card? GINO
B0702 Lab Services
22
I
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@ p.o. BOX 150507. mAMONTE s~~ ~~~~~ (4:=:::O::'O~~~:~'~~'~~:~':
April 12, 2007
I.,.
OR\G\NAL
City of Ocoee
Finance Department
150 N. Lakeshore Drive
Ocoee, Florida 34761-2258
Attention:
Crystal Conley, Purchasing Technician
Reference:
INVITATION TO BID #B07-02
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER
FACILITIES
Dear Ms. Conley:
Flowers Chemical Laboratories Incorporated (FCL) is pleased to provide the enclosed bid response.
Established in 1957, FCL has been serving the analytical and environmental needs of our clients
from the same location since 1970. In 1994, FCL expanded the existing facility and is now the
largest privately owned laboratory in the state. Our location at 481 Newburyport Avenue in
Altamonte Springs, Florida is well within the fifty-mile radius of the City's Wastewater Treatment
Facility. You are cordially invited to visit our facility in Altamonte Springs, Florida
Enclosed, please find one (1) original and two (2) copies of our bid submittal for the above
referenced bid. Each submittal 'contains a current copy of FCL's FDOH Certifications and
Pelformance Evaluations for the past two (2) years. In addition to the $1.000.00 Bid Bond, three
(3) copies of FCL's Quality Management Plan (QMP), which complies with the quality systems
standards of NELAC, are included. FCL does have a "Drug Free Workplace" program that is
strictly enforced.
As one of the first laboratories to receive NELAP accreditation, FeL has over fifty (50) years of
experience in meeting the needs of our clients. The FCL website provides our clients with direct
access to their analytical data. Our website at www.flowerslabs.com will display your reports in a
pdf or html format. The reports will have an electronic signature and can be printed and submitted
to DEP for compliance. This feature is available to our clients at no additional cost.
To view the website log on at www.flowerslabs.com and click on the clients only tab. By using the
following User 10 visit@flowerslabs.com and Password visitor, you will be able to view the
various report forms offered by FCL. Should you have any questions regarding the data
deliverables, please contact Dr. Jefferson S. Flowers at (407) 339-5984, extension 219.
FCL has reviewed the bid documents and is fully capable of meeting the deliverables specified.
FCL's Project Management Staff is knowledgeable of the requirements for typical utility work and
understands the importance of being proactive for the client. FCL maintains its own fleet of eleven
(11) field and courier vehicles to deliver and pick up sample kits from our clients as needed.
Ci ty of Ocoee
04/16/2007
Page Two
FCL intends to use the following laboratory to pelform as a subcontractor for the Giardia and
Cryptosporidium analysis: (This is the only Subcontractor required for the bid items requested.)
Florida DOH Laboratory
*Giardia & Cryptosporidium
Tampa, FL
FL DOH Celtification E14157
The following is a brief list of municipalities or county governments that are clients of FCL:
City of Haines City
P.O. Box 1507
Haines City, FL 33845
Contact: Troy Cassidy (4 Years)
Phone: (863) 412-3690 (2003-Present)
Estimated Annual Amount..... . ...... $35,000.00
City of Clermont
P.O. Box 120219
Clermont, FL 34712-0219
Contact: Robert Reed (5 Years)
Phone: (352) 516-2580 (2002-Present)
Estimated Annual Amount... ... ...... .$40,000.00
City of Lake Alfred
120 E. Pomelo Street
Lake Alfred, FL 33850
Contact: Robby Robertson (2 Years)
Phone: (863) 291-5274 (2005-Present)
Estimated Annual Amount............ .$30,000.00
Seminole County Utilities
501 Yankee Lake Road
Sanford, FL 32771
Contact: Ruth Hazard (9 months)
Phone: (407) 665-2115 (2006-Present)
Estimated Annual Amount... ...... ... .$250,000.00
More references gladly furnished upon request.
Thank you for the opportunity to respond to this bid offer. Flowers Chemical Laboratories
Incorporated looks forward to a favorable response from the city. Should you need to reach me for
any questions concerning this bid or FCL, I can be reached at (407) 339-5984, extension 217 or
(863) 412-3950.
20. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY
NAME/ ADDRESS/FEDERAL J.D. NO.lCONT ACT PERSON/PHONE #:
See Cover Letter
(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.
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.
N/A
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, in particular, references to an existing location where the same system is
currently operating.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS (INCLUDE
CONTACT):
See References
B0702 Lab Services
17
Have you any similar work m progress at this time? Yes--.X No _ Length of time III
business 50 years
Bank or other [mandaI references: SunTrust Bank - Maureen Wabni tz
407-331-2088
(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.
N/A
24. ACKNOWLEDGEMENT OF ADDENDA:
Bidder acknowledges receipt of the following addenda:
No. One ( 1 )
No.
No.
No.
No.
Dated April 9,2007
Dated
Dated
Dated
Dated
B0702 Lab Services
i8
BID #BQ7-02
LABORATORY SERVICES FOR CITY WATER ~D WASTEWATER FACILITIES
BID FQRM
EST. # OF SAMPLES PER YEAR TOTAL BID
,
# PARAMETER METHOD WATER AND WASTEWATER TOTAL PRICE EACH PRICE
,
I 1 CBOD 52 52 $ 20.00 $ 1,040~C
2 Chlorides 84 84 $ 13.00 $ 1,092.(
I 3 Dissolved solids (Total) 84 84 $ 12.00 $ 1, 008. (
4 ' Fecal Coliform (Membrane Filtration 450 450 $ 15.00 $ 6,750.(
I 5 Glarqiaand CrvotosDordium 1 1 $ 700.00 $ 700.(
,
6 Nitrate as N 136 136 $ 10.00 $ 1.360.(
I 7 Solids (TSS) , 470 470 $ 10.00 $ 4,700.(
8 Turbidity 5.00 420. (
84 84 $ $
9 Sludqe Analvsis (503) QrOUD Drlce 4 $ 195.00 $ 780. (
10 Gel Standards 12 12 $ 35.00 $ 420./
11 Meter Calibrations , 4 4 $ 50.00 $ 200.
'12 MicrobioloQical , 552 552 $ 15.00 $ 8,280.
13 ' TotalTrlhalomethanes lTTHMs) . , 36 .36 $ 45.00 $ 1,620.
. 14 Five Ha/oacetic 36 36 $ 105.00 $ 3,780.)1
.15 Dellverv/droD off charges N/A, 400 trios 400 $ 20.00 $ 8 i 000. DI
, ,
SUB.TOTAL (TOTAL OF LINES #1. #15 TOTAL BID PRICE) $ $40,150.bl
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Submitted by:
Flowers Chemical
Laboratories, Inc.
Company
John W.Lindsey, Jr.
,Business Development Manager
Printed ,hame and title
;J/I~-'u?~7
Date
N/A
Professional license Number
"'Accept Vlsa@ Card? ~/No
130702 Lab'Services
22
COMPANY INFORMATION/SIGNATURE SHEET BID #B07-02
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 SHEET" ARE ACCURATE AND WITHOUT
COLLUSION.
Flowers Chemical
Laboratories, Inc.
COMPANY NAME
407-339-5984
TELEPHONE (INCLUDE AREA CODE)
407-260-6110
FAX (INCLUDE AREA CODE)
ieff@flowerslabs.com
E-MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
Mail To: P.O. Box 150597
AUT ,&'sIGNATURE (manual)
Jefferso . Flowers
President & Technical Director
NAMEITITLE (PLEASE PRINT)
481 Newburyport Avenue
STREET ADDRESS
Altamonte Springs, FL32701
CITY STATE ZIP
FEDERALID# 59-2686261
_Individual ~Corporation _Partnership _Other (Specify)
Altamonte Springs, FL 32715-0597
Sworn to and subscribed before me this /~~ay of 14,jJ /d . 20 07 .
Personally Known
x
or
Produced Identification
'" It ........ .. . II II II.. ...... I' II I..... .......
: KATHRYN M. DORRIS :
. ~"tl'~ ..
i .l.~1~ Comm# 000251941 i
: i~~"i Expires 1/1712008 :
i \~"'f!,,"1 Bonded thru (800)432-4254~
l "",,",,<1' FIOOda Notary Ass" Inc :
.... I' ..... II ................. .. ... ....~ 1....1
(Type of Identification)
Printed, typed or stamped
commissioned name of Notary Public
B0702 Lab Services
23
Mayor
S. Scott Vandergrift
center of Good L .
.<;.,\,e 11'/~
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel Keller, District 4
City Manager
Robert Frank
CITY OF OCOEE
INVITATION TO BID #B07-02
FOR
LABORATORY SERVICES FOR CITY
WATER AND WASTEWATER
FACILITIES
City ofOcoee. 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100 . fax: (407) 656-350 I . www.ci.ocoee.tlus
Mayor
S. Scott Vandergrift
center of Good L .
<\.~e Jt?IJ~
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
City Mana/.!er
Robert Frank
April 9,2007
ADDENDUM NO: ONE (1)
CITY OF OCOEE
BID #B07-02
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER FACILITIES
This addendum shall modify and become a part of the original bid documents for the Laboratory
Services for City Water and Wastewater Facilities. Bidders shall acknowledge receipt of ihis
Addendum in the space provided in Section 24 on page 18 of the bid documents. Failure to do
so may subject the bidder to disqualification.
Changes and/or Clarifications to the BID documents are as follows:
Clarifications to questions from TestAmerica Analytical Testing Corp. and BLAB, Inc.:
1. TestAmerica would like to receive a current copy of the incumbents pricing for this bid.
A: Current contractor bid tab attached.
2. TestAmerica has one clarification needed regarding page 22, bid item #12. The test reads
"Microbiological". In order to determine a price for this item, TestAmerica needs to
know what specific test will be needed (i.e. fecal coliform, total coliform or some other
test) and the method by which the City of Ocoee will require this test to be run by.
A: The City's current Testing Firm uses Standard Methods, 18th ed. 9222b,
Microbiogical Method for Monitoring the Environment.
3. Section 3.2: We respectfully suggest that it is in the taxpayers' interest as well as in the
City's interest to allow our laboratory to participate in this process, even if it is outside the
50-mile radius and can meet the holding times with prior sampling and sample pick-up
coordination. For the situations outlined in the bid, the shortest hold time would be 6-
hours, which is very well accommodated by our laboratory.
A: Much of the City's sampling, emergency and field samples, are delivered by
City's operators. Thus, travel time of over two hours per delivery is not in the best
interest of the City.
4. Can you provide us with the current pricing for the analytical work being performed for
the City and with information on the current vendor?
A: Current contractor bid tab attached.
5. On the Bid Form to be used for pricing, can you please specify totals for items 9, 12, 13,
and 14?
A: Use the attached revised bid form page 22
City ofOcoee. 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100 . fax: (407) 656-3501 . www.ci.ocoee.f1.us
6. On the Bid Form only an estimated number of samples have been
provided. Can you please provide information on an existing sampling frequency and/or
sample pick-up frequency?
A: Use the attached revised bid form page 22
Changes are as follows:
1. Section 2- Scope of Work. Paqe 19. item 2.3
If directed by the City, samples will be picked up and transported to the
laboratory by the Contractor. Cost of laboratory procedure should not include
the cost of transportation, transportation shall be a separate item.
Cr tal N. Conley
Purchasing Technician
Attachment: page 22 revised bid form
current contractor bid tab form
BID #B07-02
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER FACILITIES
BID FORM
EST. # OF SAMPLES PER YEAR TOTAL BID
# PARAMETER METHOD WATER AND WASTEWATER TOTAL PRICE EACH PRICE
1 CBOD 52 52 $ $
2 Chlorides 84 84 $ $
3 Dissolved solids (Total) 84 84 $ $
4 Fecal Coliform (Membrane Filtration' 450 450 $ $
5 Giardia and Cryptospordium 1 1 $ $
6 Nitrate as N 136 136 $ $
7 Solids (TSS) 470 470 $ $
8 Turbiditv 84 84 $ $
9 Sludqe Analvsis (503) group price 4 $ $
10 Gel Standards 12 12 $ $
11 Meter Calibrations 4 4 $ $
12 Microbioloqical 552 552 $ $
13 Total Trihalomethanes (TTHMs) 36 .36 $ $
14 Five Haloacetic 36 36 $ $
15 Deliverv/droD off charges N/A 400 trips 400 $ $
.
SUB.TOTAL (TOTAL OF LINES #1. #15 TOTAL BID PRICE) $ $
Submitted by:
Authorized signature
Company
Printed name and title
Date
Professional License Number
*Accept Visa@Card? Yes/No
B0702 Lab Services
22
EST. # Of SAM PILES PER YEAR 1I'OT ilL 9!1D
I # ~AF(AMEJIER METHOD WASTEWA"II'EIFI. TIOTAL PIR4CE EACH PRICE
1 CBOe 52 52 $12.00 ~624.00
'7 Chlorides 84 84 $10.00 1i840.oo
3 Dissolved solids (Total) 84 84 $8.00 0072.00
I Fecal Coliform (Membrane 54.500.00
-3 It:Utratlon) 450 450 110.00
5 Giardia and CrvDto8Dordium 1 1 $400.00 $400.00
I 6 Nitrate as N 136 136 $11.00 Iii 496.00
7 Solids (TSS) , 470 470 $8.00 1$3.760.00
I 8 urblditv 84 84 ~a.oo $672.00
9 Isludae Analvals (503) group prloe ~185.00 $185.00
I 10 Gel Standards 12 12 $20.00 ~240.00
I
11 Meter Calibrations 4 4 $20.00 1$80.00
I 12 ~ $
I
13 Is IS
I 14 $ $
I SUB-TOTAL (TOTAL OF LINES #1 - #14 TOTAL BID PRICE) $
13 469.00
Submitted by;
~~:~
c- Authorized signature
Trt-Tech Analytical
Laboratories, Ine
Company
Tamara Lat, QWillity Conttcl DDr~r
a~~s .ct!
Date
Printed name and title
"Acc;eptVlsa@Card? Yes
804-04
20.
BID DOCUMENTS
3
4 thru 7
8 thru 16
17
18
Legal Advertisement
Invitation to Bid #B04-04
General Terms & Conditions
Subcontractors/Equipment Listing
References/Summary of Litigation/Acknowledgement of Addenda
SCOPE OF WORK/SPECIFICATIONS
1 9 thru 21
22
23
Specifications
Bid Sheet
Company Information/Signature Sheet
END OF TABLE OF CONTENTS
B0702 Lab Services
2
LEGAL ADVERTISEMENT
Ocoee City Commission
Sealed bids will be accepted for Bid #B07-02, TERM LABORATORY SERVICES FOR CITY WATER
AND WASTEWATER FACILITIES, no later than 2:00 P.M., local time, on April 17, 2007. 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.
General Description: The City of Ocoee is requesting sealed bids from qualified commercial laboratories
for the procurement of chemical and microbiological water and wastewater analytical services to
supplement the City's internal laboratory capabilities. The term contract will be for five (5) years with
one (1) year renewal.
No Pre-Bid Conference will be held. All questions, comments and concerns shall be presented in writing (fax
or e-mail is acceptable) to the Purchasing Technician by 5:00 PM April 06, 2007. No further questions will be
accepted following the time and date stated. All bidders will be held liable for contents as presented in writing
to the City.
Bid Security: A certified check or bid bond shall accompany each bid, no cash accepted. The certified check or
bid bond shall be for $1,000.00 and shall be made payable to the City of Ocoee as a guarantee that the Bidder
will not withdraw for a period of (90) days after bid closing time and will sign a Contract with the City for the
Bid Price.
Each Bidder shall submit one (1) original and two (2) copies of the required bid documents, in a sealed
envelope plainly marked on the outside with the appropriate bid number and opening date and time. Bids will be
received at the City of Ocoee, Attn: Crystal Conley, Purchasing Technician, 150 N. Lakeshore Drive, Ocoee,
Florida 34761-2258. Bids will be publicly opened and read aloud in the City Hall Conference Room on the
above-appointed date at 2:01 PM, local time, or as soon thereafter as possible.
Interested Contractors may secure a copy of the bid documents through Demandstar by accessing the City's
website at www.ci.ocoee.fl.us under Finance/Purchasing, or copies are available from the Purchasing
Technician 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.
A ward of Contract: The City of Ocoee reserves the right to waive technicalities or irregularities, reject any or all
bids, and/or accept that bid that is in the best interest of the City, price, qualifications and other factors taken
into consideration. The City reserves the right to award the Contract to the Bidder, which, in the sole discretion
of the City, is the most responsive and responsible Bidder, price, qualifications and other factors considered.
The City may accept any item or group of items of any bid, unless the respondent qualifies hislher bid by
specific limitations.
No fax or electronic submissions will be accepted.
City Clerk
March 25,2007
B0702 Lab Services
3
CITY OF OCOEE
INVITATION TO BID #B07-02
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER FACILITIES
INTENT:
Sealed bids for Bid #07-02 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 and/or commodities proposed, hereinafter called
"Respondent", "Bidder", or "Contractor".
The proposed Contract will be for the labor, equipment, and related components for the procurement of
chemical and microbiological water and wastewater analytical services to supplement the City's internal
laboratory capabilities, per the "Scope of Work/Specifications" 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: Crystal Conley, Purchasing Technician, (407) 905-3100, extension 1523 and
fax (407)656-3501 or email cconley({V,ci.ocoee.fl.us, and shall be received not later than 5:00 PM April 06,
2007. Any clarifications/changes will be made by way of written addenda only, issued by the Finance
Department. Bidders should not contact other City staff or other City consultants for information before the
bid award date. Any contact with any other member of the City Staff, City Commission, or its Agents
during this time period may be grounds for disqualification.
C. This bid must be received as one (1) original and two (2) copies of the required submittals only, by the
Finance Department not later than 2:00 P.M., local time, on April 17,2007. Bids received by the Finance
Department after the time and date specified will not be considered, but will be returned unopened.
"Postage Due" items will not be accepted. Bids transmitted by fax or e-mail will not be accepted. Bids shall
be delivered in a sealed envelope, clearly marked with the bid number, title, and opening date and time to:
City of Ocoee
Finance Department
Attention: Crystal Conley, Purchasing Technician
150 N Lakeshore Drive
Ocoee, FL 34761-2258
B0702 Lab Services
4
D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore
Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as possible on the above-appointed
date. Respondents or their authorized agents are invited to be present. Please be aware that all City
Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of
a bid constitute public records under Florida law.
E. All respondents shall thoroughly examine and become familiar with the bid package and carefully note the
items which must be submitted with the bid, such as:
a) Bid Security in the form of a Cashier's or Certified check or Bid Bond;
b) Copy of Insurance Certificate;
c) List of References/Experience;
d) List of Subcontractors/Temporary Worker Agencies;
e) Equipment Listing;
f) Summary of Litigation;
g) Bid Form
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. No Pre-Bid Conference will be held. All questions, comments and concerns shall be presented in writing
(fax or e-mail is acceptable) to the Purchasing Technician by 5:00 PM April 06, 2007. No further questions
will be accepted following the time and date stated. All bidders will be held liable for contents as presented
in writing to the City.
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 communicated to all parties to whom the bid packages have been issued. Responses
may be issued through Addenda issued not later than twenty-four (24) hours before bid opening. The City
shall provide all Addenda to each prospective bidder by regular mail or telefacsimile at the address or fax
number that each prospective bidder has provided to the City when it receives the Bidding Documents.
Addenda may also be posted on Demandstar or faxed by Demandstar. It shall be the responsibility of each
prospective bidder to obtain a copy of all issued Addenda.The City reserves the right to issue Addenda,
concerning date and time of bid opening, at any time up to the date and time set for bid opening. In this
case, bids that have been received by the City prior to such an addendum being issued, will be returned to
the respondent, if requested, unopened. In case any respondent fails to acknowledge receipt of any such
Addendum in the space provided in the bid documents, its' bid will nevertheless be construed as
though the Addendum had been received and acknowledged. Submission of a bid will constitute
acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or
corrections provided by written Addenda shall be binding on the City. 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.
B0702 Lab Services
5
I. Any of the following causes may be considered as sufficient for the disqualification of a respondent and the
rejection of its bid:
a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or
corporation under the same or different name. For purposes of this subparagraph, firms, partnerships
or corporations under common control may be considered to be the same entity;
b) Evidence of collusion between or among respondents;
c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having
defaulted on a previous contract with the City;
d) Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on
prior projects which, in the City's judgment and sole discretion, raises doubts as to Respondent's
ability to properly perform the work; or
e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify
disqualification of Respondent or the rejection of its bid.
J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed
on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an
award to provide any goods or services to a public entity, may not submit a bid on an award with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not be awarded or perform work as a Contractor, Supplier,
Subcontractor, or Consultant under a award with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017 for Category Two ($25,000.00
and greater) for a period of 36 months from the date of being placed on the convicted vendor list. [See
Florida State Statute 287.133 (2) (a).
K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and,
except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal
Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are
available for public inspection. Bidders are requested, however, to identify specifically any information
contained in their bids which they consider confidential and/or proprietary and which they believe to be
exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to
this invitation to Bid become the property of the City of Ocoee and will not be returned. In the event of an
award, all documentation produced as part of the contract will become the exclusive property of the City.
No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid
opening. A request for withdrawal or a modification of a bid may be submitted to the Purchasing
Agent, in writing, at any time prior to the deadline for submitting bids. After expiration of the
deadline for receiving bids, no bid may be withdrawn or modified.
The City reserves the right to accept or reject any or all bids, to waive informalities or
irregularities, to request clarification of information submitted in any bid, or to readvertise for
new bids. The City may accept any item or group of items of any bid, unless the 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
B0702 Lab Services
6
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.
(remainder of page left blank intentionally)
B0702 Lab Services
7
Section 1 -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 of one thousand dollars ($1,000.00). A combination of
any of the former is not acceptable. Cash or company check will not be accepted as Bid Security.
Such cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the
Contract, will after written notice of such award, enter into a written Contract with the City and as a
guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the
scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid
documents.
b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or
respondent's failure to enter into said contract with the City or failure to provide the City with other
requirements of the contract documents or the bid invitation after issuance of Notice of Intent to
Award by the City, then such respondent shall be liable to the City in the full amount of the check or
bid bond and the City shall be entitled to retain the full amount of the check or to demand from the
Surety the penal sum of the bid bond as liquidated damages and not a penalty.
c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed
by a licensed agent who holds a current Power of Attorney from the surety company issuing the
bond.
d) The cost of the required bond and required insurance coverage is to be included in the respondent's
overhead and is not eligible for reimbursement as a separate cost by the City.
e) The checks of the three (3) most favorable respondents will be returned within three (3) days after
the City and the successful respondent have executed the contract for work. The remaining checks
will be returned within thirty (30) days after the opening of bids. Cash will not be accepted as Bid
Guaranty. Bid Bonds will be returned upon request following the same criteria as a check.
2. PERFORMANCE AND PAYMENT BONDS
Not Required.
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.
B0702 Lab Services
8
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.
Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers,
agents, and employees from any suits, actions, damages, and costs of every name and description,
including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright,
patent, trade secret, unpatented invention, or intellectual property right. If the bidder uses any design,
device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without
exception that the bid price shall include all royalties or cost arising from the use of such design, device,
or materials.
5. PRICING:
Pricing should be provided as indicated on the Scope of Work/Specifications 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 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.
B0702 Lab Services
9
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
· Certifications
· References
· Experience with similar services
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. BID PROTESTS:
The City's Finance/Purchasing Department will consider Bid Protests seeking contract award, damages,
and/or any other relief. Any Bidder seeking to file Bid Protest SHALL use the following procedures:
1. A bidder SHALL file a written Bid Protest under this Article, or be barred any relief.
2. A Bid Protest: (a) must be in writing (oral protests will NOT be acknowledged); (b) the content
of the Bid Protest shall fully state the factual and legal grounds for the protest and the legal basis for the
relief requested; and ( c) The Bid Protest shall be filed with the Purchasing Agent not later than three (3)
calendar days after the posting of the notice of intent to award or recommendation of award by staff.
3. After a Bid Protest has been properly filed with the City, the City, by and through its
Procurement Department shall make a determination on the merits of the protest not later than five (5)
business days after receipt of the protest. If the City denies the protest, the City may proceed with award
of the Contract unless enjoined by order of a Court of competent jurisdiction.
B0702 Lab Services 10
4. A Bid Protest SHALL be limited to the following grounds: (a) issues arising from the
procurement provisions of the Project Manual and/or the Bid Package or Contract Documents; and/or
(b) applicable federal, state or local law. No Bid Protest may be based upon questions concerning the
design documents. The Bidder shall clarify all such questions concerning the design of the project prior
to submitting its bid.
11. PAYMENT TERMS:
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. "Contract" shall mean a City of Ocoee Purchase Order, and the terms and
conditions of the purchase order shall apply.
The City of Ocoee has implemented a VISA PURCHASING CARD PROGRAM. The Contractor can
take advantage of this program and in consideration receive their payment within several days instead of
the City's policy of Net 30 days after receipt of approved invoice. Bidders are requested to state on the
bid sheet if they will honor the VISA Purchasing Card.
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. "Contract" shall mean a City of Ocoee Purchase Order or Visa Purchasing
Card Transaction. The term ofthe contract will be five (5) years with a one (1) year renewal.
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.
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.
B0702 Lab Services
11
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.
0) Per City Ordinance, any Contractor using construction dumpsters within the
City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc.
14. DRUG-FREE WORKPLACE:
If applicable, provide a statement concerning the 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 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
B0702 Lab Services
12
contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause,
and that the respondent will retain such certifications in the respondent's files.
The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as
amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and
implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated
herein.
16. STATEMENT OF AFFIRMATION AND INTENT:
The respondent declares that the only persons, or parties interested in their bid are those named herein,
that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other
vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or
indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in
restraint of free competitive pricing in connection with the entity's submittal for the above project. This
statement restricts the discussion of pricing data until the completion of negotiations and execution of
the Agreement for this project.
The respondent certifies that no City Commissioner, other City Official or City employee directly or
indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the
profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit
does not include ownership or benefit by a spouse or minor child.)
The respondent certifies that no member of the entity's ownership or management is presently applying
for an employee position or actively seeking an elected position with the City. In the event that a
conflict of interest is identified in the provision of services, the respondent agrees to immediately notify
the City in writing.
The respondent further declares that a careful examination of the scope of services, instructions, and
terms and conditions of this bid has occurred, and that the bid is made 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:
B0702 Lab Services
13
"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) are the responsibility
of the contractor.
19. INSURANCE REQUIREMENTS:
The Contractor shall not commence any work in connection with an Agreement until all of the following
types of insurance have been obtained and such insurance has been approved by the City, nor shall the
Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance
required of the subcontractor has been so obtained and approved. Policies other than Workers'
Compensation shall be issued only by companies authorized by subsisting certificates of authority issued
to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or
better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies
for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S.
440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money
which may represent a deductible in any insurance policy. The payment of such deductible shall be
the sole responsibility of the General Contractor and/or subcontractor providing such insurance.
b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement,
Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000
for all the Contractor's employees connected with the work of this project and, in the event any work
is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation
Insurance for all of the latter's employees unless such employees are covered by the protection
afforded by the Contractor. Such insurance shall comply fully with the Florida Workers'
Compensation Law. In case any class of employees engaged in hazardous work under this contract
for the City is not protected under the Workers' Compensation statute, the Contractor shall provide,
and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection
of the Contractor's employees not otherwise protected.
. Include Waiver of Subrogation in favor ofthe City of Ocoee
B0702 Lab Services
14
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 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:
Automobile Bodily Iniury Liability & Property Damage Liability
. $1,000,000 Combined single limit per occurrence (each person, each accident)
. All covered automobile will be covered via symbol 1
. Liability coverage will include hired & non-owned automobile liability
. Include Waiver of Subrogation in favor of The City of Ocoee
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 not contributory over
the insurance of the City of Ocoee.
. $2,000,000 GENERAL AGGREGATE
. $1,000,000 PRODUCTS-COMPLETED OPERA TrONS AGGREGATE
. $1,000,000 PER OCCURRENCE
. $1,000,000 PERSONAL & ADVERTISING INJURY
. Include Waiver of Subrogation in favor of the City of Ocoee
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.
Owner's Protective Liability Insurance: The Contractor shall procure and furnish an Owner's Protective
Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and
naming the City ofOcoee as the Named Insured.
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.
. $1,000,000 PER OCCURRENCE
. $2,000,000 AGGREGATE
Certificates of Insurance: Certificate of Insurance Form, naming the City of Ocoee as an additional insured will
be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident
Agent and returned to the Office of the Buyer. This certificate shall be dated and show:
The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the
number ofthe policy, its effective date, and its termination date.
Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in
provisions or cancellation of the policy.
B0702 Lab Services
15
.ACORP_
CERTIFICATE OF LIABILITY INSURANCE 1!'~~D.l OA~t";;V:1
THIS CERTIFICATE IS ISSUED AS A MATreR OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW.
Contractor'S Nama
Addreee
INSURERS AFFORDING COVERAGE : NAlC #
=~f-~~--~;~-'':'''~~;~'-----=-~~:::-:~
1 ~c. ----------r-----
~----...~. -----------.---------=r -..--
I INSURER 0
r;;;;---.-.-------------------...-----
, INSURER E:
COVERAGES
THE POUCteS OF INSlJP,,\NCE liSTeD l!IElOlN HAVE BEEN tSSUED TO THE IHSUREO HAMED A8O\IE FOR THE POlICY PrR100 INOICATr::.o NOTWITH5TAN01NG
ANV REQlnREMENT, TERM OR CONOlTION OF ANt CQNTRACTOA OTHER OOCUMENTWf'TH RESPECT TOWHlCH TH1SCERTlFiCATE MAY BE Issuec OR
w. y PERTAtN, THE 1H$URANCE AFFORCeD BY THE POLlelES DeSCRIBED HEREtN IS SUBJECT TO ALL THE fERMS. EXCLUSIONS AND CQOOITlONS OF SUCH
POllCtES. AGGREGATE llMITS SHOWN MAY WIVE BEEN IItEOlICeO BY PMO ClAIMS.
L TA NSRQ TYPI! OP INSUfilAHCE
Q!NERAL UAIUUTY
X X COMMERC1A1. GENERAL lIASIUTY I
C~IUS w.DE [!] OCCUR i
--______1
I"Ol..lCY HUMBER
OJ. "'"
LIMITS
'1,000,000
'50,000
'5,000
'1,000,000
GENERAL AGGREGATE s 2 t 000,000
PRQOVCTS. CQMJ:'/OP AGO S 2 , 000, 000
1 AUTOMOBILE LIA8IUfY
[Xl ''''' 'UTO
I. .'-I~. All. OWNED AUTOS
t~. SCHEDULED AUlOS
L~ HlREO AUTOS
L!.... NON-OWNED AUTOS
L-_J
1
: OAft.AGE UAIIIUTY
R ""Y AUTO
! I!XCIlSSllJW8l1leU..... LlAl1llTY'
X ~ OCCUR 0 CLAIMS MADE
b oeOUCTIBlE
: RE~ s
I WORKERS COWENSATlOH AND
I =~~RR~~NeAJEXECUTlVE
CFF:lCERJMEM8~ EXCloUDED?
~~~V~NS~
0T>l"
f~~~~~yGLE =--~_~~o, 000
!----.......-------------
: rp~~~I~)RY 5
f--.-....-------------
pRQPf.R1"V QAMAGE
(Per Ica<feMl
i MjiOONLY, EAACCtOENT S
----
OTHER THAN
AUTO ONLY'
EA ACe
,GO
,
,
, 1,000,000
, 2,000,000
,
EACH OCCURRf~CE
r--
\ AGGREGATE
I
t....-..._-
I
1 Builders Rhk
I
DESCIIIPTlQN OF OPEAAT\ONSllOCATIONS I VEHlCLU I EXCLUStoNS ADDED 8Y lNOQRSEMEHT I $PECW. ~Yt$ONS
The insurance evidenced by thie certificate shsll name the certificate
holdere as an additional insured on the General Liability & ~rella
Liability. Workere' compeneation, Employere' Liability & General Liability
shall contein a Waiver of Subrogation in favor of the certificate holder.
The certificate holder ia added aa a IBIB'I:ira:nrl fir I\IiJd3::s RiS<..
1 X hORYlLMlTli I \ ER.~
~CHACClOENT S 500,000
I E.LO'5~E.EAElllPlOVEe 5500,000
. E.l OtSEASE.POUCYUMIT S 500, 000
Any 1 Loc
An 1 Occ
100, (XX)
1,000,000
City of Oeo.e
150 N. Lak.ehore Drive
Ocoee FL 34761-2258
CANCELLATION
OCOBBOl SHOULD NNOF TH!ABOVI OUCRJSEO fIIOlXXS ae CANCEl..UO ll!fJORE THE EXJlftMATIO~
DATE THlIU:Ofl, nil! ISSUINQ INSU'fllI!!M Wh.L I!NDe.A.VOR TO MAIl. ~ DAYS WRITTeN
NOT1CI! TO TH! C!RT1FlCAT1! HOLDER HAMIO 'l'O THE tEFT, aUT FAt\,.URE TO 00 $0 $HAlL
IMPOSE NO 08UGATION OR UABlUTY Of AAY KIND UPON 114! ltol$URER.ITS AGiHTI OR
RIEP'RESIlrft'ATNU.
AIJTltORlZEQ R!...'tiuNT .ATlVE
CERTIFICATE HOLDER
ACORD 2' (2001106)
S~PI. IF
C> ACORD CORPORATION 198'
B0702 Lab Services
16
20. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY
NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #:
(Attach additional sheets if necessary)
The 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.
21. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee properties, including
whether owned or leased. If leased please provide name of lessor.
22. REFERENCES/EXPERIENCE OF RESPONDENT WITH
SIMILAR WORK
The 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, in particular, references to an existing location where the same system is
currently operating.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS (INCLUDE
CONTACT):
B0702 Lab Services
17
Have you any similar work m progress at this time? Yes
business
No
Length of time m
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.
24. ACKNOWLEDGEMENT OF ADDENDA:
Bidder acknowledges receipt of the following addenda:
Dated
Dated
Dated
Dated
Dated
No.
No.
No.
No.
No.
B0702 Lab Services
18
CITY OF OCOEE
INVITATION TO BID #B07-02
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER FACILITIES
SCOPE OF WORK/SPECIFICATIONS
Section 2- SCOPE OF WORK
2.1 The Contractor shall be responsible for providing sample containers
2.2 Sampling services will not be required, but will be performed by City staff.
2.3 Samples will be picked up and transported to the laboratory by the Contractor.
2.4 The Contractor will use their own equipment for transporting samples.
2.5 Analysis shall be performed per methodology approved by EP A, DEP and/or in Standard methods.
2.6 Testing on all samples shall be completed within EP A holding times.
2.7 Reanalysis of uncertain data shall be provided by the Contractor at the request of the City. Costs for
reanalysis of questionable data shall be borne by the City unless the original results are invalidated due
to laboratory error, in which case, the cost of reanalysis shall be borne by the Contractor.
2.8 All services performed shall comply with all laws, ordinances, codes, rules, orders, and regulations
relating to the performance of the service. Award of this Bid does not exempt the Contractor from
complying with all applicable federal, state, and local laws or regulations pertaining to the services. The
services must be accomplished by using professional methods in compliance with standards of the trade.
2.9 On-site project management shall be included in services at no additional cost.
SECTION 3 - QUALIFICATIONS:
3.1 Bids will be considered only from laboratories normally engaged in providing the types of services
specified herein, and having sufficient staff personnel support, equipment, and organization to ensure
that they can satisfactorily execute the services if awarded the bid under the terms and conditions herein
stated. The City reserves the right to inspect the successful bidders' facilities to determine if they are in
compliance with this specification.
3.2 The Bidder's facilities shall be located within a fifty-mile radius of the City of Ocoee, Wastewater
Treatment Facility, 1800 AD. Mims Road, Ocoee, Florida 34761.
3.3 The Bidder shall be certified for the testing of the parameters listed herein as per the requirements set
forth in Rule 62-550.550 F.AC., Approved Laboratories, and in Chapter 64E-l, F.AC. The Bidder
shall submit a copy of the FDOH Certifications (program method analyte) for the current year and copies
of the FDOH Performance Evaluations for the past two (2) years. The Bidder shall furnish the City
copies of the renewal certificates and subsequent results of Performance Evaluation for the duration of
the bid. In the event that the Bidder becomes decertified for any parameter or group of parameters, the
City shall be notified in writing at once.
B0702 Lab Services 19
3.4 Bidder shall have the capability to conduct the tests specified, Quality Standards Rules 62-550.310, 62-
550.320, 62-550.405, 62-550.410, and 62-550.415, F.A.C. In addition, the Bidder shall have the
capability to conduct procedures following the EP A Regulations on Test Procedures for the Analysis of
Pollutants 40 CFR Part 136, Sections 136.1, 136.2, 136.3, and Test Methods for Evaluating Solid Waste
following EPA SW-846 Methods, EPA Slid Waste Disposal Facility Criteria (Subtitle D) (EPA 40 CFR
arts 257 and 258).
3.5 The Bidder shall possess a NELAP certification from FDOH ELCP, according to the requirements set
forth in Chapter 62-160, F.A.C., and operate a quality assurance program compliant with the quality
systems standards ofNELAC as specified in Chapter 64E-I, F.A.C. Proof of the approval status must be
included with the bid submittal.
3.6 Bidders shall provide a minimum of three (3) credible references within the State of Florida of similar
current ongoing contracts.
SECTION 4 - RESULTS AND TESTING:
4.1 The Contractor shall generate all results in strict compliance with the NELAC standards. Any results not
generated in accordance with NELAC must be flagged and justified.
4.2 Reports shall be mailed to client within seven (7) working days from receipt of samples for routine
analysis.
4.3 Reports shall be in any standard, currently established format, including DEP format if required.
4.4 Contractor shall have the capability of sending final reports electronically.
4.5 Reports shall be faxed, upon request by the City, at no additional charge.
4.6 Contractor shall not charge for trip blanks.
4.7 Intemallaboratory QC data shall be included in the report at no additional cost.
SECTION 5 - INVOICES:
5.1 Invoice for payment shall be sent to the Accounts Payable Department, City ofOcoee, 150 N. Lakeshore
Drive, Ocoee, Florida 34761.
5.2 The City of Ocoee has implemented a VISA PURCHASING CARD PROGRAM. The Contractor can
take advantage of this program and in consideration receive their payment within several days instead of
the City's policy of Net 30 days after receipt of approved invoice. Bidders are requested to state on the
bid sheet if they will honor the VISA Purchasing Card.
B0702 Lab Services
20
SECTION 6 - QUANTITIES/CONTRACT TERM:
6.1 Exact quantities cannot be determined, but estimates are given on the bid sheet. The actual quantities to
be purchased may be less than or more than the estimated quantities. A minimum is not guaranteed.
6.2 Purchase orders may be issued for specific quantities on an annual basis.
6.3 The initial contract period will begin as of the date on the Notice to Proceed and will continue for a five
(5) year period thereafter. The Contract may be automatically renewed for a one (1) year period, not to
exceed a total of six (6) years.
6.4 This agreement may be terminated at any time by either party. A thirty (30) day written notice to the
other party will be required.
(remainder of page left blank intentionally)
B0702 Lab Services
21
BID #B07-02
LABORATORY SERVICES FOR CITY WATER AND WASTEWATER FACILITIES
BID FORM
EST. # OF SAMPLES PER YEAR TOTAL BID
# PARAMETER METHOD WATER AND WASTEWATER TOTAL PRICE EACH PRICE
1 CBOD 52 52 $ $
2 Chlorides 84 84 $ $
3 Dissolved solids (Total) 84 84 $ $
4 Fecal Coliform (Membrane Filtration' 450 450 $ $
5 Giardia and Cryptospordium 1 1 $ $
6 Nitrate as N 136 136 $ $
7 Solids (TSS) 470 470 $ $
8 Turbidity 84 84 $ $
9 Sludge Analysis (503) qroup price 4 $ $
10 Gel Standards 12 12 $ $
11 Meter Calibrations 4 4 $ $
12 Microbiological 552 552 $ $
13 Total Trihalomethanes (TTHMs) 36 36 $ $
14 Five Haloacetic 36 36 $ $
15 Delivery/drop off charges N/A 400 trips 400 $ $
SUB-TOTAL (TOTAL OF LINES #1 - #15 TOTAL BID PRICE) $ $
Submitted by:
Company
Authorized signature
Printed name and title
Date
Professional License Number
*Accept Visa@ Card? Yes/No
B0702 Lab Services
22
COMPANY INFORMATION/SIGNATURE SHEET BID #B07-02
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 SHEET" ARE ACCURATE AND WITHOUT
COLLUSION.
COMP ANY NAME
TELEPHONE (INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
AUTHORIZED SIGNA TORE (manual)
IF REMITTANCE ADDRESS IS DIFFERENT
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
NAME/TITLE (PLEASE PRINT)
STREET ADDRESS
CITY
STATE
ZIP
FEDERAL ID #
_Individual _Corporation _Partnership _Other (Specify)_
Sworn to and subscribed before me this
day of
,20_
Personally Known
or
Produced Identification
(Type of Identification)
Notary Public - State of
County of
Signature of Notary Public
Printed, typed or stamped
commissioned name of Notary Public
B0702 Lab Services
23
City Manager
Robert Frank
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Mavor
S. Scott Vandergrift
May 1, 2007
VIA EMAIL AND US MAIL
Tamara Lal, Quality Control Director
Tri- Tech Analytical Laboratories, Inc.
P.O. Box 140966
Orlando, Florida 3214-0866
Email: ttlab@bellsouth.com
Re: Bid #B07-02: Laboratory Services for City Water and Wastewater Facilities
Bid Protest (the "Bid Protest") by Tri- Tech Analytical Laboratories, Inc. ("Tri- Tech")
Dear Ms. Lal:
The City is in receipt of your Bid Protest dated April 24, 2007. The Bid Protest was
timely received in accordance with Section 1(10) of the City's Invitation to Bid #B07-02 (the
"ITB"). A copy of Section 1(10) of the ITB is attached hereto for reference. The Bid Protest has
been reviewed by the City based on the standards set forth in the ITB. In considering the Bid
Protest, the City has been cognizant of the requirements set forth in the ITB, as supplemented by
Addendum No.1 (the "Addendum") to the ITB, which was provided to Tri-Tech with the ITB
and which Tri-Tech expressly acknowledged receiving.
For the reasons set forth in this letter, the Bid Protest is DENIED by the City. . City staff
properly rejected Tri-Tech's bid (the "Bid") and declined to recommend that the City
Commission award the contract contemplated by the ITB to Tri- Tech because the Bid did not
sufficiently meet the requirements set forth in the ITB and the Addendum. Specifically, the Bid
did not include the revised bid form that was required to be included pursuant to the Addendum.
The information that was to be provided on the revised bid form was necessary for the City to
evaluate and compare all bids received. The Bid Protest indicates thatTri-Tech did not receive
the proper bid form required by the Addendum. Please be advised that City's staffs rejection of
the Bid was proper regardless of whether Tri- Tech received the revised bid form for the
following reasons:
1. Section H of the Bidding Instructions included on page 5 of the ITB provides that
"[i]t shall be the responsibility of each prospective bidder to obtain a copy of all issued
Addenda." Prior to submitting the Bid, it was Tri-Tech's responsibility to ensure that it had
City ofOcoee" 150 N Lakeshore Drive" Ocoee, Florida 34761
phone: (407) 905-3100. fax: (407) 656-3501. www.cLocoee.fl.us
received' all necessary bid documents, including the Addendum and revised hid form attached
thereto, and that the Bid complied with all requirements contained in the ITB and the Addendum.
'2. Tri-Tech expressly acknowledged receipt of the Addendum in Section 1(24) of
the Bid and shall be bound by its acknowledgement.
3. Notwithstanding Tri-Tech's express acknowledgement contained in Section 1(24)
of the Bid, Section H of the Bidding Instructions included on page 5 of the ITB provides as
follows:
In case any respondent fails to acknowledge receipt of any such
Addendum in the space provided in the bid documents, its' bid
will nevertheless be construed as though the Addendum had
been received and acknowledged. Submission of a bid will
constitute acknowledgement of receipt of the Bid Documents
and all Addenda.
As such, by submitting the Bid, Tri-Tech acknowledged receipt of all necessary bid
documents, including the Addendum and revised bid form attached thereto. Additionally, it was
proper for City staff to evaluate all bids in light of all bid requirements, included those contained
in the Addendum, regardless of whether each prospective bidder actually received the
Addendum.
Accordingly, the Bid Protest is denied.
Cc: Rob Frank, City Manager
Jamie Croteau, Assistant City Manager
Charles Smith, Utilities Director
Wanda Horton, Finance Director
Crystal Conley, Purchasing Technician
Paul Rosenthal, City Attorney
DISCOUNTS: L
a) Trade and time payment discoWlts will be considered in arriving at new prices an ill making
awards, except that discounts for payments within less than 30 days will not b considered in
e luation of bids. However, offered discounts will be taken for less than 30 ys if payment is
----------.-------m withitLdiscDlmLp.erio..d ------------------
b) In conn tions with any discount offered, time will be computed from date
delivery an ceptance at destination, or from the date correct invoice i eceived
in the office 0 inance, whichever is later. Payment is deemed to be ade, for
the purpose of e . g the discoWlt, on the date of City Check.
9,
7. SAMPLES:
Samples of items, when required, ust be furnished fr of expense to the City and if not called for
within fifteen days from date of bid op e disposed of in the best interest of the City.
8. AWARD CRITERIA:.
e overall lowest most responsive and responsible
· Compliance with sp
· Bid Price
· Certifications
· References
· Experie e with similar services
If re 'red by the Bid Schedule, or the specifications, descriptive literaturelbrochures sn be irwluded
wi this bid in order to properly evaluate make/model offered. Bids submitted without s
onsidered non-responsive and disqualified.
10. BID PROTESTS:
The City's Finance/Purchasing Department will consider Bid Protests seeking contract award, damages,
andlor any other relief. Any Bidder seeking to file Bid Protest SHALL use the following procedures:
1. A bidder SHALL file a written Bid Protest under this Article, or be barred any relief.
2. A Bid Protest: (a) must be in writing (oral protests will NOT be acknowledged); (b) the content
of the Bid Protest shall fully state the factual and legal grounds for the protest and the legal basis for the
reliefrequested; and (c) The Bid Protest shall be filed with the Purchasing Agent not later than three (3)
calendar days after the posting of the notice of intent to award or recommendation of award by staff.
3. After a Bid Protest has been properly filed with the City, the City, by and through its
Procurement Department shall make a determination on the merits of the protest not later than five (5)
business days after receipt of the protest. If the City denies the protest, the City may proceed with award
of the Contract unless enjoined by order of a Court of competent jurisdiction.
B0702 Lab Services 10
4. A Bid Protest SHALL be limited to the following grounds: (a) issues arising from the
procurement provisions of the Project Manual and/or the Bid Package or Contract Documents; and/or
(b) applicable federal, state or local law. No Bid Protest may be based upon questions concerning the
design documents. The Bidder shall clarify all such questions concerning the design of the project prior
.. ...... .....to ..submitting..its..bid........................ .....n.........................n........................................_..................__....................n .........__...._._...._. ..........-.-.-...------...--...........-.......... .......n.... .........
PAYMENT TERMS:
Payment for work completed will be made within (30) days of approved invoice.
No ayment will be made for materials ordered without proper purchase order authori.
zation. Payment cannot be made until materials, goods or services, have beep. re-
ceived accepted by the City in the quality and quantity orqered.
Any contract r ulting from this solicitation is deemed effective only to the exte of
appropriations av 'lable. "Contract" shall mean a City of Ocoee Purchase Ord , and the terms and
conditions of the phase order shall apply.
The City ofOcoee has im emented a VISA PURCHASING CARD P OGRAM. The Contractor can
take advantage of this progr and in consideration receive their p ent within several days instead of
the City's policy of Net 30 da fier receipt of approved invoice Bidders are requested to state on the
bid sheet if they will honor the Purchasing Card. .
.
The City of Ocoee, Florida has the follow
.
12. CONTRACT:
a) The successful Respondent, herei Rer referred to as 'Contractor" will be required to enter into a
contract with the City. "Contra 'shall mean a City of coee Purchase Order or Visa Purchasing
Card Transaction. The tenn 0 e contract will be five (5) ye s with a one (1) year renewal. .
b) The City may in its sole . cretion award any additional wor . whether in the existing areas, or in
any additional area, or additional area, to any third party, or h work may be performed by the
City's employees. C tractor will be expected to cooperate with or all other Contractors who
may be performing ork for the City.
13.
The Resp .dent guarantees that the services to be performed and the goods to be provi
compl); 'th all applicable federal, state and local laws, ordinance!?, regulations, orders d decrees,
incl ng without limitation such of the following acts as may be applicable: Federal Consum Product
S ty Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal H dous
f'ubstances Labeling Act, Federal Flammable Fabrics Act, and any applicable enviromnental regulatl s.
B0702 Lab Services
11
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April 24, 2007
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
To whom it may concern,
This letter is written to protest Bid #B07-02
Laboratory Services For City Water And Wastewater Facilities. A
Tri-Tech Laboratory employee went to City Hall to receive the bid
package. The bid was opened on April 17, 2007. A decision was
given to award the bid to Test America and was discovered that
our laboratory submitted the bid on the wrong form. After careful
review it was found that the bid package given to our laboratory
was incomplete. The revised bid form wa"s missing from our
package. The missing bid form was for seven days a week for
analysis and pick-up charges, Tri-Tech will honor our bid of
$24, 789 for the seven day a week project.
Our laboratory has a very long working relationship
with The City and have gained their respect for our fast and
dependable service. We feel it only fair that our protest be
taken into consideration when awarding the bid.
Please contact me at 407-275-8463 at your earliest
convenience with your decision.
"-~~~
~ .
, Tamara Lal
Quality Control Director
"HELP SAFEGUARD YOt1.R FUTURE AND YOt1.R HEALTH" CALL TTA TODAY!
DOH IIE83294