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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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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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CITY OF OCALA STANDARD SPECIFICATIONS FOR CONSTRUCTION (EFFECTIVE FEBRUARY 16, 2023):
For this project, the Contractor will be bound by these specifications and conditions:
STANDARD SPECIFICATIONS FOR CONSTRUCTION OF STREETS, STORMWATER, TRAFFIC, WATER AND SEWER INFRASTRUCTURE: Standard Specifications for Construction (Effective: 02/16/2023)
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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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CONSTRUCTION SURVEY LAYOUT:
The work to be performed shall be for the survey work necessary to establish proper alignments, right of way, easements, bench marks, elevations and grade stakes to complete all phases of this contract.
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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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CONTRACT TIME:
Contractor agrees, as a condition for submitting a bid, that the Work will be substantially completed within 30 day(s), and completed and ready for final payment in accordance with the Agreement within 30 day(s) after substantial completion.
The Contractor agrees to commence work on the date specified in a written “Notice to Proceed” by the City for each project assigned. Such “Notice to Proceed” will be issued at the pre-construction conference, not to exceed 10 days from the preconstruction date.
The Contractor must be able to mobilize and begin construction no later than 10 working days after notification, and complete the project by the time limit specified in the “Notice to Proceed.” At no time will the Contractor be allowed to lag behind.
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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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FINAL ESTIMATE FOR PAYMENT:
After the Contractor has approved, or approved under protest, the Engineer’s final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all other amounts to be deducted under the provisions of the contact.
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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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LIQUIDATED DAMAGES:
The Contractor shall pay the City $ 100 for each calendar day that expires after the time specified for Substantial Completion, until the Work is substantially completed. After Substantial Completion, if the Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times or any proper extension thereof granted by the City, the Contractor shall pay an additional $ 200 per day for each calendar day that expires after the time specified until Final Completion and acceptance of the project by the City.
The liquidated damages set forth herein shall not be accumulative. If Substantial Completion of the Work is not met within the time specified for final completion of all Work, the liquidated damages shall continue to be at the rate or rates specified for default on Substantial Completion until Substantial Completion is attained. If the Work is not then finally completed, the rate or rates specified for default on final completion shall apply until final completion is attained.
The City shall have the right to deduct the liquidated damages from any money in its hands, otherwise due, or to become due, to the Contractor, or to initiate applicable dispute resolution procedures and to recover liquidated damages for non-performance of this Contract within the time stipulated.
Nothing in this section is intended to limit the right to obtain injunctive relief or any and all relief as may be appropriate. Permission allowing the Contractor to continue and finish any part of the work after the time fixed for its completion or after the date to which the time for completion may have been extended shall in no way operate as a waiver on the part of the City of any of its rights under this Agreement.
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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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OWNER:
The Project has been designed for the City of Ocala ("Owner"), who may also be referred to in the Bid Documents as Project Manager, or the Engineer.
All work and material furnished under this contract shall be furnished under the direction of, and to the satisfaction and approval of the Owner. Should any dispute arise as to the quality or fitness of the materials or workmanship, the decision shall rest strictly with the Owner, and shall be based upon the stated requirements in the Bid and Contractor’s Bid response. This power and authority shall not extend to the actual execution of the work which shall be under the control of the Contractor, and for which the Contractor alone is responsible.
The Contractor warrants all materials, equipment, or supplies furnished and all work performed under this contract will be new, of specified quality, free from faults and defects, free from faulty design, and of sufficient size and capacity and of proper materials to meet in all respects the requirements of the contract. The Contractor shall obtain for the benefit of the Owner all standard warranties of subcontractors, suppliers, and manufactures of all material, equipment or supplies manufactured, furnished or installed.
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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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PROGRESS PAYMENTS AND RETAINAGE:
Progress payments will be made at least once each month as work is completed. Retainage under the Contract Documents will be held as collateral security to secure completion of the Work. Payment will be made each month in the amount of ninety-five percent (95%) of the estimated value of the services provided at the job site during the previous calendar month, provided the work is reasonably complete. The Owner will withhold five percent (5%) of the amount of each progress payment. The last payment due along with the release of retainage for this contract will be paid by the Owner to the Contractor only after the Contractor has furnished the Owner the Consent of Surety of the recorded bond for final payment.
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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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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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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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TIMELY PAYMENT FOR PURCHASES OF CONSTRUCTION SERVICES:
Payments shall be made no later than the time periods established by Section 218.735, Florida Statutes.
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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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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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