BUILDER'S RISK INSURANCE: The Contractor, with sole liability for payment of premiums, shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof. This insurance shall: • Include the interests of the Owner, Contractor, subcontractors, City Engineer, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a named insured; • Be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, flood, and damage caused by frost and freezing; • Include expenses incurred in the repair or replacement of any insured property (including, but not limited to, fees and charges of engineers and architects); • Cover materials and equipment stored at the site or at another location that was agreed to in writing by the Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by the Owner or the City Engineer; • Allow for partial utilization of the Work by the Owner; • Include testing and startup; and • Be maintained in effect until final payment is made unless otherwise agreed to in writing by the Owner, Contractor, and City Engineer, with 30 days written notice to each other named insured to whom a certificate of insurance has been issued.
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CARE OF WORK: The Contractor shall be responsible for all damages to persons or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the City of Ocala. The Contractor shall avoid damaging sidewalks, streets, curbs, pavements, utilities, structures or any other property (except that which is to be replaced or removed) either on or adjacent to the site. He shall repair, at his own expense and in manner satisfactory to the City of Ocala, any damage thereto caused by his operations. All water and gas mains, all sewer and other pipes, and all conduits and other underground work of any nature, crossing or projecting into any trench or excavation and all appurtenances thereto, such as Cast Iron Valve Boxes, curb boxes, manhole casting, etc., shall be sufficiently and adequately shored and supported by timber and planking and protected by the Contractor from injury, and any damage or injury thereto shall be repaired by the Contractor at his own expense to the satisfaction of the Engineer.
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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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INSTALLATION FLOATER INSURANCE: Installation Floater insurance shall be provided by the Contractor to cover damages or destruction to equipment being installed or otherwise being handled or stored by the Contractor. The amount of coverage should be adequate to provide full replacement value of the equipment, otherwise being handled or stored on or off premises or in transit. All risks coverage shall be provided either in a single policy or in a combination of underlying and umbrella on excess policies.
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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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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 STATEMENT: The City of Ocala (City) follows public records responsibilities as provided under Chapter 119, Florida Statues and Article 1, Section 24 of the Florida Constitution. If Proposer considers any portion of the documents, data or records submitted in response to a solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, Proposer must provide the City with a separate redacted copy of its response. The Redacted Copy shall be provided to the City at the same time Proposer submits its response to the solicitation and must only exclude or obliterate those exact portions that are claimed confidential, proprietary, or trade secret. In compliance with Section 119.07(1)(e), Florida Statutes, Proposer must “state the basis for the exemption” that he/she “contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.” Proposer shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. Further, Proposer shall protect, defend, and indemnify the City for any all claims arising from or relating to Proposer’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. The City will make no effort to verify whether or not the redacted material is exempt from Chapter 119, Florida Statutes. That determination is totally the responsibility of the Proposer. If the Proposer fails to submit a Redacted Copy with its response, the City is authorized to produce the entire documents, data or records submitted by Prosper in answer to a public records request for their records. I have read and understand my responsibilities regarding any purported confidential, proprietary or trade secret material contained in this proposal. After reading the above statement, please select the appropriate statement below: I have not included a redacted copy of our proposal. I have included a redacted copy of our proposal along with this original. Owner/Authorized Company Representative initials:
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CONTRACTOR’S EMPLOYEES: The foreman, employees, mechanics and other employed by the Contractor shall be skilled in the work given to them to do. Any employee of the Contractor who may use profane or abusive language to the Engineer or any Inspector, or otherwise impede or embarrass him in the performance of his duties, or who obstructs the progress of the work, shall upon the request of the Engineer, be immediately discharged and not again employed without consent of the Engineer. In doing any work contemplated by this contract, eight (8) hours shall constitute a legal day’s work by any laborer or workman employed by said Contractor hereon.
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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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MANUFACTURER SERVICES: The Contractor shall furnish manufacturer’s representative as required to resolve assembly or installation problems with their products and systems. The Contractor shall conduct, with the assistance of the manufacturer/supplier’s representative, start-up and operational tests on the equipment and system.
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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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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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LOCAL VENDOR PREFERENCE: Preference in solicitations: * Applies to bids in excess of $50,000. * Local vendor within 5% of low bid has the option to contract for 1% less than the low bid amount. * Any tie between local vendors will be settled with a best and final offer (BAFO) from each local vendor. * GRANT FUNDED PROJECTS DO NOT ALLOW LOCAL PREFERENCE. Details of the Local Vendor Preference are available at: Vendor Resources Every Bidder MUST select "Yes" or "No." YES, I am a local vendor. (If you selected Yes, you must also confirm the requirements below to receive local preference) NO, I am not a local vendor. If you desire to receive local preference for this solicitation, you must confirm your business meets the following requirements: 1. Has its headquarters, manufacturing facility, home office, locally-owned franchise, or an operating branch physically located within Marion County, Florida; 2. Has been in operation in Marion County for a minimum of one year prior to the issuance of the city’s formal bid solicitation; and 3. Before the issuance of the city’s formal bid solicitation has paid commercial real property tax, paid/filed a tangible personal property tax form with Marion County; has received a City of Ocala Home Occupation Permit, or has received a City of Ocala business tax certificate. Vendor will be required to submit a Local Vendor Preference Affidavit immediately upon notification from Procurement if the local preference will affect the outcome of this solicitation. Local Vendor will be required to agree to a contract with the City in an amount 1% less than the low bid amount within two (2) business days of notification from City. Owner/Authorized Company Representative initials:
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MAJOR MATERIAL SUPPLIERS: SUPPLIER #1 Company Name: Material: City, State: SUPPLIER #2 Company Name: Material: City, State:
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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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TRAFFIC CONTROL AND BARRICADES: The Contractor shall mitigate impact on local traffic conditions to all extents possible. The Contractor is responsible for establishing and maintaining appropriate traffic control and barricades. The Contractor shall provide sufficient signing, flagging and barricading to ensure the safety of Vehicular and Pedestrian traffic at all locations where work is being done for this project. In addition to the requirements set forth in the bid, the Contractor shall maintain at all times a good and sufficient fence, railing or barrier around all exposed portions of said work in such a manner as to warn vehicular and pedestrian traffic of hazardous conditions. Should the Contractor fail to properly barricade his work or stored material sites in the manner outlined above, the City may have the necessary barricading done, and all cost incurred for said barricading shall be charged to the Contractor.
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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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REFERENCE #2 Company Name: Contact Person: Phone Number: Email Address: Date of Service:
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TIMELY PAYMENT FOR PURCHASES OF CONSTRUCTION SERVICES: Payments shall be made no later than the time periods established by Section 218.735, Florida Statutes.
Prime contractors shall pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the City of Ocala makes to the prime contractor, or as specified in the current F.S. 218.735, whichever time frame is earlier.
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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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CONDITIONS UNDER WHICH LIQUIDATED DAMAGES ARE IMPOSED: If the Contractor or, in case of their default, the surety fails to complete the work within the time stipulated in the solicitation, or within such extra time the City may have granted when the Contractor or, in case of their default, the surety shall pay to the City, not as a penalty, but as liquidated damages, the amount of $ 1742 per day for each day of delay.
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SUBCONTRACTORS AND DBE GOALS: The bidder represents the subcontractors listed below are financially responsible and are qualified, insured, licensed, and certified to do the work required. The bidder will endeavor to use DBE/MBE subcontractors whenever possible. For non-grant funded projects, City of Ocala's goal is 15% as a race-neutral DBE goal. FDOT funded projects have a race-neutral DBE goal of 10.65%. The Ocala International Airport's DBE goal is 12%. SunTran's goal is 10.65%. DBE firms can be located via this directory: Florida Department of Transportation DBE Directory No subcontractors will be utilized. Our company will be utilizing more than two (2) subcontractors. Our list of subcontractors including percent of work is attached in the section labeled "REQUESTED AND ADDITIONAL DOCUMENTS." A fillable subcontractor list is available at: Subcontractor List Bidder/Prime must perform a minimum of 30% of the work with their own forces unless specified differently in the Scope of Work. NOTE: Bidder/Prime not providing an accurate, good faith estimate of subcontractor percent (%) of work may have their bid rejected.
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SUBCONTRACTOR #1
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Company Name: Work Category: City, State: DBE MBE
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Percent of Work: %
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SUBCONTRACTOR #2
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Company Name: Work Category: City, State: DBE MBE
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Percent of Work: %
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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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