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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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 7 days from the preconstruction date.
The Contractor must be able to mobilize and begin construction no later than 7 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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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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LIQUIDATED DAMAGES:
The Contractor shall pay the City $ FDOT AMOUNT 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 $ 200.00 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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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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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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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:
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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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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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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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