OFFER AND ACCEPTANCE:
Any submitted bid or proposal is your contractual, legally bound obligation in the absence of a written contract when said offer is accepted by the City. The City reserves the right to request modification of the Bidder's offer to more fully meet the needs of the City, and any further offer is binding upon the Bidder.
In case of default by the Bidder after acceptance by the City, the City may take action as it deems appropriate including legal action for damages or specific performance.
Owner/Authorized Company Representative Initials:
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ADA NEEDS:
Please call the procurement professional shown on this listing forty-eight (48) hours in advance so arrangements can be made if reasonable accommodations are needed for you to participate in any meeting.
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AWARDED CONTRACT FAILURE - BIDDING SUSPENSION
I understand and agree to the following:
Bidders who submit a bid to the City of Ocala and fail to fulfill the contract term, for any reason, will be subject to future bidding suspension for year (1), and up to a possible three (3) year bid debarment for serious contractual failures.
Owner/Authorized Company Representative initials:
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The City reserves the right to re-open bidding for a Best-and-Final offer.
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BIDDER CONTRACTS:
Bidder contracts/agreements will not be accepted in most cases. If a contract is required, only City of Ocala contracts will be used for all goods and services. The requirement of bidder contracts and/or bidder written terms and conditions may result in bid rejection. The City will consider adding appropriate bidder clauses into our contract; please upload any desired clauses with your solicitation response.
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BUY AMERICA REQUIREMENTS:
49 U.S.C. 5323(j), 49 C.F.R. part 661
The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $150,000). The Buy America requirements flow down from FTA recipients and sub-recipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11.
A bidder or offeror must submit to the FTA recipient (City of Ocala) the appropriate Buy America certification below with its bid. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as non-responsive.
---------COMPLETE ONE OF THE BELOW CERTIFICATIONS----------
Certificate of Compliance with Buy America Requirements:
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 C.F.R. part 661.
Date:
Typed signature:
Company:
Name:
Title:
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Certificate of Non-Compliance with Buy America Requirements:
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. § 661.7.
Date:
Typed Signature:
Company:
Name:
Title:
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CLARIFICATIONS AND CORRECTIONS:
The City of Ocala reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from bidders/proposers, or to allow corrections of errors or omissions.
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CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL:
Bids or quotes received by the City pursuant to its solicitations are exempt from public disclosure until such time that the City provides notice of an intended decision or until thirty (30) days after opening the bids or quotes, whichever is earlier. If the City rejects all bids or quotes pursuant to this solicitation and provides notice of its intent to reissue the solicitation, then the rejected bids or quotes remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued solicitation or until the City withdraws the reissued solicitation. A bid, quote, or reply shall not be exempt from public disclosure longer than twelve (12) months after the City's initial notice rejecting all bids, quotes, or replies.
ANY MATERIAL SUBMITTED IN RESPONSE TO THIS SOLICITATION WILL BECOME A PUBLIC RECORD PURSUANT TO CHAPTER 119, FLORIDA STATUTES. THIS INCLUDES MATERIAL WHICH THE RESPONDING BIDDER MAY CONSIDER TO BE CONFIDENTIAL, PROPRIETARY, OR A TRADE SECRET. ANY CLAIM OF CONFIDENTIALITY SHALL BE WAIVED UPON SUBMISSION, EFFECTIVE AFTER OPENING PURSUANT TO CHAPTER 119, FLORIDA STATUTES.
Owner/Authorized Company Representative initials:
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CONFLICT OF INTEREST:
Disclose the name(s) of any employee, officer, director, shareholder, or agent of your firm that is also a City of Ocala employee or public official:
Disclose the name(s) of any City of Ocala employee or public official that is a known relative of an employee, officer, director, shareholder, or agent of your firm:
Failure to disclose known conflicts of interest may result in bid rejection and/or contract termination, if awarded.
City of Ocala employees who have a 5% or more interest in a bidder's firm must also complete an "Officer and Employee Disclosure Statement" which can be obtained at www.bidocala.com under Vendor Resources. This form includes instructions and relative Florida statutes. Failure to complete this form, if applicable, may result in bid rejection.
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DELAYS AND DAMAGES:
The Bidder agrees to make no claim for extra or additional costs attributable to any delays or inefficiencies in the performance of this contract occasioned by any act by the City except as provided in the agreement. The Bidder also agrees that any such delay or inefficiency shall be compensated for solely by an extension of time to complete the performance of the work in accordance with the provision in the standard specification.
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DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS:
49 CFR Part 26
The Disadvantaged Business Enterprise (DBE) program applies to all prime contracts (excluding transit vehicle purchases).
The DBE contracting requirements flow down to all third party contractors and their contracts at every tier.
Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts under this solicitation. In this regard, contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for contracts, when applicable.
Contractor shall not discriminate on the basis of race, creed color, national origin, age, or sex in the award and performance of contracts.
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INSPECTION AND ACCEPTANCE:
All goods and/or services provided under the resulting agreement are subject to inspection and acceptance by an authorized representative of City. Payment shall not be authorized until the goods and/or services have been received, accepted, and properly invoiced. City reserves the right to have rejected goods replaced by Vendor at the purchase price stipulated in this Agreement; or to return the rejected goods for full credit at the price charged. Transportation costs and any additional costs will be borne by Vendor in each instance. City’s rights with respect to rejection of material are not waived by failure to notify Vendor immediately upon receipt of delivery.
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PERFORMANCE EVALUATION:
At the end of the service period, the City may evaluate vendor performance. This evaluation will become public record.
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FLORIDA STATUTE 287.133: Public Entity Crime; denial or revocation of the right to transact business with public entities.
Vendor on its behalf and its affiliates agrees and affirms that it has not been placed on the convicted vendor list following a conviction of a public entity crime as provided for in Section 287.133(2)(a), Florida Statutes, which states:
a person or affiliate who has been placed on the convicted vendor list following a conviction for 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 a public building or public work, may not submit bids on leases or 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.
Owner/Authorized Company Representative initials:
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LOBBYING RESTRICTIONS:
31 U.S.C. § 1352, 2 C.F.R. § 200.450, 2 C.F.R. part 200 appendix II (J), 49 C.F.R. part 20
The lobbying requirements apply to all contracts and subcontracts of $100,000 or more at any tier under a Federal grant.
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Typed Signature of Contractor's Authorized Official:
Name and Title of Contractor's Authorized Official:
Date:
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REFERENCES:
References within the previous three years are preferred.
REFERENCE #1
Company Name:
Contact Person:
Phone Number:
Email Address:
Date of Service:
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Contract Details and/or Description:
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REFERENCE #2
Company Name:
Contact Person:
Phone Number:
Email Address:
Date of Service:
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Contract Value:
Contract Details and/or Description:
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REQUESTED AND ADDITIONAL DOCUMENTS
Upload any requested and additional documents here:
Max. File Size you can upload is: 50MB. *.exe files will not be accepted
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REQUIRED LICENSES AND CERTIFICATIONS:
My firm and/or sub-contractors can comply with the license and certification requirements in the scope and/or this listing.
Vendor shall upload all licenses and/or certifications with their response and must submit required licenses and certifications immediately upon request from the City.
Owner/Authorized Company Representative initials:
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SAFETY AND ENVIRONMENTAL:
Vendor will be responsible at all times for precautions to achieve the protection of all persons including employees and property throughout the resulting contract term. The Vendor shall make an effort to detect hazardous conditions and shall take prompt action where necessary to avoid accident, injury or property damage. EPA, DEP, OSHA, and all other applicable safety laws and ordinances shall be followed as well as American National Standards Institute Safety Standards. All hazardous spills, accidents, injuries or claims or potential claims shall be reported promptly to the City Risk Management Department at 352-401-3989, or cell 352-572-0414, and rdennis@ocalafl.org.
Agrees to comply with the safety and environmental requirements above.
Owner/Authorized Company Representative initials:
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SOLICITATION DOCUMENTS:
The City of Ocala (City) has no responsibility for the accuracy, completeness or sufficiency of any bid documents obtained from any source other than the official City links below:
Bid Ocala: www.bidocala.com
ProRFx Florida: www.florida.prorfx.com
Obtaining these documents from any other source(s) may result in obtaining incomplete and inaccurate information. Obtaining these documents from any source other than directly from the source listed herein may also result in failure to receive any addenda, corrections, or other revisions to these documents that may be issued.
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WARRANTY ON LABOR AND MATERIALS:
Warranty on Labor: Calendar Days
Warranty on Materials: Calendar Days
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COMPLIANCE WITH FLORIDA STATUTE 287.135*, applicable on goods or services of $1,000,000 or more:
As an authorized agent and/or representative of the applying/bidding company, I hereby certify that the applying/bidding company:
Is NOT on the Scrutinized Companies that Boycott Israel List, created pursuant to F.S. 215.4725, or is engaged in a boycott of Israel as defined therein;
Is NOT on the Scrutinized Companies with Activities in Sudan List (or) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to F.S. 215.473;
Is NOT engaged in business operations, as defined by F.S. 287.135, in Cuba or Syria;
Agrees any resulting contract may be terminated by the City if:
1. Any of the representations above are found to be false.
2. The applying/bidding company is placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, as defined above;
3. Has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, as defined above; or
4. Has been engaged in business operations in Cuba or Syria.
Typed signature of authorized agent or representative of the applying/bidding company:
*F.S. 287.135 obligates the City to ensure all contracts for goods or services of $1 million or more include provisions as required by statute. The City acknowledges, however, the enforcement of these provisions may in certain circumstances create conflict with applicable federal law. Regardless, the enforceability of this provision “COMPLIANCE WITH FLORIDA STATUTE 287.135” shall not impact the force and effect of any other provisions of the resulting contract and shall accordingly be severable and distinct from the remainder of the resulting contract should a court of law invalidate the statute or its inclusion in the resulting Agreement.
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CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL:
Bids or quotes received by the City pursuant to its solicitations are exempt from public disclosure until such time that the City provides notice of an intended decision or until thirty (30) days after opening the bids or quotes, whichever is earlier. If the City rejects all bids or quotes pursuant to this solicitation and provides notice of its intent to reissue the solicitation, then the rejected bids or quotes remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued solicitation or until the City withdraws the reissued solicitation. A bid, quote, or reply shall not be exempt from public disclosure longer than twelve (12) months after the City's initial notice rejecting all bids, quotes, or replies.
ANY MATERIAL SUBMITTED IN RESPONSE TO THIS SOLICITATION WILL BECOME A PUBLIC RECORD PURSUANT TO CHAPTER 119, FLORIDA STATUTES. THIS INCLUDES MATERIAL WHICH THE RESPONDING BIDDER MAY CONSIDER TO BE CONFIDENTIAL, PROPRIETARY, OR A TRADE SECRET. ANY CLAIM OF CONFIDENTIALITY SHALL BE WAIVED UPON SUBMISSION, EFFECTIVE AFTER OPENING PURSUANT TO CHAPTER 119, FLORIDA STATUTES.
Owner/Authorized Company Representative initials:
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