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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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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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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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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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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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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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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CONTRACT TIME: Contractor agrees the work will be completed in 45 days after the Notice to Proceed (NTP) is 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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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 $ 100 per day for each day of delay.
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