ITB-2018-0341_PW_1409_Casselton_Drive_Improvements.pdf

PUR-F-501 Rev. 3/2018

City of Casselberry | Finance Department | Procurement Division

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

ITB-2018-0341

INVITATION TO BID (ITB) – CONSTRUCTION

Due Date:

May 31, 2018

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

Legal Advertisement Date: April 27, 2018 (Orlando Sentinel)

The City of Casselberry is accepting written bids from all licensed, qualified firms or individuals interested in providing the construction services as described in this Invitation to Bid (ITB).

Summary of Work:

The Work specified in the “Scope of Services” generally consists of furnishing labor, materials, equipment, mobilization and maintenance of traffic for improvements to Casselton Drive between SR 436 (Semoran Boulevard) and Casselwood Street and to Greencastle Boulevard between SR 436 (Semoran Boulevard) and Casselton Drive.

If you are interested in preparing a response to this ITB, please read the requirements carefully and complete the bid in the manner as set forth in this ITB document. Your response is considered a binding offer to perform in the manner described in the bid response and shall remain a firm offer for a period of ninety day (90) days from public opening.

Special attention to the date and time of the pre-bid conference to be held for this project is indicated on the Solicitation Schedule. If the Pre-bid is MANDATORY, a representative of your firm must attend the meeting for your bid submittal to be considered responsive. Questions regarding this solicitation must be received in writing prior to the date and time as indicated in the solicitation schedule.

Responses to those questions considered material to the solicitation shall be distributed via formal addenda and posted to the City of Casselberry website: https://www.casselberry.org/index.aspx?NID=406 through VendorLink, LLC, All Bidders are advised that under Chapter 119, Florida Statutes, all responses are deemed a public record and open to the public as provided for in said statute.

The successful Bidder(s) must demonstrate in their submittal to be the lowest, most responsible and responsive Bidder which best meets the specifications and serves the overall needs of the City. Bids should be prepared in accordance with the ITB instructions and recheck all bid prices thoroughly. Failure to provide the response in the manner prescribed herein may be grounds for disqualification of the submittal.

The City reserves the right to waive any and all technicalities, formalities and to reject any or all bid submittals or to re-advertise for bid submittals for these commodities/services. The City may withdraw all or part of this ITB at any time to protect the interests of the City. Thank you for your interest in doing business with the City of Casselberry, Florida.

https://www.casselberry.org/index.aspx?NID=406

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TABLE OF CONTENTS

SECTION TITLE PAGE

NUMBER

1 Introduction 3 2 Instruction to Bidders 4 3 Special Conditions 12 4 General Terms and Conditions 16 5 Standard Construction Agreement 32

ATTACHMENT TITLE

A Statement of No Bid Submittal 33 B Insurance Requirements 34 C Addendum Receipt Acknowledgement Certification 36 D Bid Security Bond 37 E Bid Price Schedule and Acceptance of Terms and Conditions 39 F Trench Safety Certification 41 G Certificate of Non-Segregated Facilities 42 H Drug-Free Workplace Certification 43 I Conflict of Interest and Non-Collusion Statement 44 J Organizational Information 46 K Proposed Schedule of Subcontractor Participation 47 L References 48 M Truth-In-Negotiations Certification 49 N Solicitation Response Identification Label 50 O Contractor Certification Regarding Scrutinized Companies 51

EXHIBIT TITLE

1 Scope of Work – Procedural Documents and Technical

Specifications

2 Bid Price Schedule (Spreadsheet) 91 3 Plans and Drawings/Reference Materials 92 4 Geotechnical Engineering Report 93 5 Topographic Survey 94 6 Subsurface Utility Exploration Test Hold Reports 95 7 Warm Mix Asphalt Pavement Specification CASB 334 96 8 Standard Construction Agreement 97 9 Special Disaster Relief and Recovery Provisions 98

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

SECTION 1 INTRODUCTION

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by the City, information including but not limited to financial data, previous experience including references and evidence of authority to conduct business in the State of Florida. This information must be received by City within five Days (5) of Bidder receiving the written request. Submittals requested pursuant to this subsection are in addition to those required elsewhere.

1.01 PROJECT DESCRIPTION – SCOPE OF WORK

The Work specified in the “Scope of Services” includes pavement reconstruction, milling and resurfacing, concrete curb and gutter, concrete sidewalk, drainage and other stormwater improvements, water main and sanitary sewer construction, landscape and irrigation, streetscaping, pavement markings, and maintenance of traffic.

The engineering cost estimate for this project is $2,415,869.00.

1.02 MINIMUM QUALIFICATIONS

Firms must demonstrate a minimum of five (5) years of experience in performing work similar in size and scope as detailed herein, and be properly licensed to do business in the State of Florida. Provide a brief description of work, including location, dates of contract, names, addresses, email addresses and telephone numbers of owners by completing the Reference Form included herein.

Must be a Florida State Registered General Contractor with five (5) years of experience in Road Construction with successful completion of a minimum of three projects over two (2) million dollars ($2,000,000.00).

1.03 PROJECT COMPLETION TIME

The project scope and estimated time for performance shall commence upon the issuance of the Notice To Proceed (NTP). This shall remain in effect until such time as the Work acquired in conjunction with this Solicitation has been completed, including completion of the expressed and/or implied warranty periods, and accepted by the City's authorized representative. The successful Bidder shall have this project attain substantial completion at three hundred and thirty (330) calendar days and final completion at three hundred and sixty-five

(365) calendar days from the issuance of the Notice to Proceed and/or City issued Purchase Order.

1.04 SOLICITATION SCHEDULE (This schedule may be revised, as needed)

Tentative Schedule Task Date

ITB Released April 26, 2018 ITB Mandatory Pre-Bid Conference May 10, 2018 10:00 A.M Local Time Deadline for Questions by Interested Parties May 22, 2018 3:00 P.M. Local Time Bid Due Date and Time May 31, 2018 2:00 P.M. Local Time Review of Bids June 2018 City Commission Approval of Contract June 25, 2018

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

SECTION 2 INSTRUCTION TO BIDDERS

2.01 BID DOCUMENTS

The ITB documents may be obtained at no charge from the City’s website at: VendorLink, LLC on the City of Casselberry https://www.casselberry.org/index.aspx?NID=406. The City of Casselberry Procurement Division, its Website and its service provider, VendorLink, LLC are the only authorized sources for obtaining solicitation documents. Solicitation documents and forms obtained from any other third party source may be incomplete.

Bidders are encouraged to register as a vendor with VendorLink, LLC to obtain a complete set of solicitation documents and to enable notification of required addenda. Reproduction of these documents without the express permission of the City is prohibited.

The City is not responsible for errors or document omissions occurring in the transmission or downloading of any documents from these websites. In the event of any discrepancy between information on these websites and the hardcopy specifications, the terms of the hardcopy specifications shall prevail. For more information call the Procurement Division at (407) 262-7700, Ext. 1142. Important: The desire of the City to pursue bid submittals shall in no way obligate the City to compensate you for your efforts or to execute a contract with your firm.

2.02 BID SUBMITTAL AND DELIVERY

A. Sealed bid submittals must be received in the City’s Procurement Division no later than the date and time as specified herein. Bid submittals received after the stated date and time will not be accepted and will be returned unopened. Under no circumstances shall bids delivered after the time specified be considered. The City shall not be responsible for any occurrence for bid submittals delivered incorrectly or to the wrong address or location. No exceptions will be made. The decision to refuse to consider a bid that was received beyond the date/time established in the solicitation shall not be the basis of a protest. Bid submittals shall be delivered to the below address in a sealed envelope or packaging material, plainly marked on the outside with the Bid Number, Title and opening date:

City of Casselberry Attn: Procurement Division 95 Triplet Lake Drive, 2nd Floor Casselberry, Florida 32707

For your convenience, a Solicitation Response Identification Label has been provided to properly identify and affix to your ITB response.

B. If submitted by mail, the bid submittal shall be enclosed in a sealed envelope or packaging material addressed to the designated Procurement Administrator. Bids submitted by mail must be received by the Procurement Division by the time specified herein for the opening thereof.

1. Please be advised that United States Postal Service (USPS) Express and Priority service class; are delivered to the City once daily. Accordingly, in order for a submission to be received by the Procurement Division when the services of the USPS are used, a Bidder or bidder is responsible for ensuring that their submittal is transmitted in such manner as necessary for the USPS to receive, sort, and deliver to the City by the submittal due date and time.

https://www.casselberry.org/index.aspx?NID=406

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

2. The City only collects other USPS mail one (1) time per day upon opening of the local Post Office branch, which is then sorted by the City for delivery to the Procurement Division and other City departments. Submissions arriving at the USPS after the initial pick-up by the City will be placed in the City’s call-box for pick-up and will not be delivered to or received by the Procurement Division until the next business day.

3. When using the USPS or any other mail delivery services, it is the sole responsibility of the Bidder to ensure that Proposals are received in the Procurement Division by the due date and time. The City shall not be responsible for delays caused by any occurrence.

2.03 PUBLIC OPENING

Bid submittals will be publicly opened by the Procurement Division on the due date and time, as specified herein, or as soon thereafter as possible. The Bidder’s names, the Bid Total and verification of bond submittal, if applicable, will be announced. Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Article I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. All other information will be subject to Florida’s Open Government Laws to Public Contracting.

A Bid tabulation of the amounts of the Bids and major alternates (if any) will be prepared and made available within a reasonable time after the opening of Bids. More than one Bid received for the same Work from an individual, firm or partnership, a Corporation or Association or other legal entity under the same or different names shall not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the same Work will cause the rejection of all such Bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of the participants believed to be in such collusion shall not be considered.

The City reserves the right to reject any and all Bids and waive any and all irregularities, and the right to disregard any or all nonconforming, unbalanced or conditional Bids or counter proposals. The City may reject, as non-responsive, any or all Bids where Bidders fail to acknowledge receipt of addenda as prescribed. If the City elects not to reject a Bid which fails to acknowledge receipt of any addendum, the Bid shall be construed as though the addendum had been received and acknowledged by the Bidder.

Discrepancies between words and figures shall be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum.

Discrepancies in the extension of the Unit Price times the estimated quantity for any line item shall be resolved in favor of the correct extension.

2.04 ON-LINE SERVICE PROVIDER DISCLAIMER

VendorLink, LLC has no affiliation with the City other than as a service that facilitates communication between the City and its vendors. VendorLink, LLC is an independent entity and is not an agent or representative of the City. Communications to VendorLink, LLC do not constitute communications to the City.

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

2.05 SOLICITATION DOCUMENTS

The City of Casselberry Procurement Division, its website and its service provider, VendorLink, LLC are the only authorized sources of solicitation documents/forms. Solicitation documents/forms obtained from any other third party source may be an incomplete set of documents. Proposers using solicitation documents/forms obtained from any other third party source are advised to register with VendorLink, LLC to obtain a complete set of solicitation documents and to enable notification of required addenda. Reproduction of these documents without the express permission of the City is prohibited.

2.06 PRE-BID CONFERENCE

A MANDATORY PRE-BID CONFERENCE will be held on May 10, 2018 at 10:00 A.M. Local Time in the City Commission Chambers, located at 95 Triplet Lake Drive, Casselberry, Florida 32707. ATTENDANCE IS

MANDATORY FOR YOUR BID SUBMITTAL TO BE CONSIDERED.

IMPORTANT NOTE: It is imperative that all Bidders have a clear understanding of the scope of services requirements. As such, the City reserves the right to require a mandatory pre-bid conference. Therefore, in the event a mandatory pre-bid conference is required and/or subsequently scheduled, attendance will be a pre-requisite for a bid submittal; and bid submittals will only be accepted from those who are represented at a mandatory pre-bid conference. Attendance at the pre-bid conference will be evidenced by the Bidder’s/representative’s signature on the attendance roster. In the event of a mandatory pre-bid conference, the time, date, and location of the meeting will be noted in the released Addendum notifying such requirement.

Please plan your travel time accordingly.

2.07 CONE OF SILENCE/LOBBYING

A. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a City Commission Member, the City Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black-out period.

B. A lobbying black-out period commences upon the issuance of this solicitation document.

1. For awards requiring City Commission approval concludes at the beginning of the meeting at which the City Commission will be presented the award(s) for approval or a request to provide authorization to negotiate a Contract(s). However, if the City Commission refers the item back to the City Manager, Procurement Division and/or requesting Department/Division/Office for further review or otherwise does not take action on the item, the Cone of Silence / Lobbying Black-out Period will be reinstated until such time as the City Commission meets to consider the item for action.

C. Bidders, respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any City Commission member, the City Manager, any requesting or evaluating Division/Department/Office personnel, and/or any member of the Evaluation Committee concerning an active Solicitation during the Cone of Silence / Lobbying Black-out Period.

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

2.08 INTERPRETATIONS AND QUESTIONS

All questions and inquiries concerning procedural matters shall be directed to the Procurement Division. Any questions relating to the interpretation of specifications or any aspect of the solicitation process shall be addressed to the Procurement Division, in writing, at least ten (10) calendar days before the proposal opening date or prior to the specific date and time specified in this solicitation for questions.

Procurement Division 95 Triplet Lake Drive, 2nd Floor Casselberry, Florida 32707 Phone: (407) 262-7700, Ext. 1142 Email: procurement@casselberry.org

A. It is the Bidder’s responsibility to become familiar with and fully informed with the terms, conditions and specifications of this ITB. Lack of understanding and/or misinterpretation of any portions of this ITB shall not be cause for withdrawal of your response after opening or for subsequent protest of award.

B. Any interpretations, clarifications, or changes will be made in the form of written addenda issued by the Procurement Division.

C. Any oral communications will not be authoritative and will not be binding on the City.

D. It is the sole responsibility of the Bidder to contact the Procurement Division prior to submitting a bid submittal to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with each bid submittal.

E. Addenda will be available to all proposers and will be uploaded to VendorLink, LLC on the Procurement website at: www.casselberry.org/index.aspx?NID=406.

2.09 BID COMPLETENESS AND COMPLIANCE

Bid submittals shall contain the information as required in this solicitation. Failure to submit all information as requested, substantially incomplete or lack key information may be rejected by the City. The following list details the appropriate proposal format:

A. All items contained in the bid must be in total compliance with the specifications of this solicitation.

B. Alternate bids will not be considered unless specifically called for in this solicitation. Bidders’ attention is specifically called to the terms, conditions and special provisions of this solicitation. Please be aware that, under the competitive process, the stipulations set forth herein are fully binding on the Bidder to the extent that you confirm acceptance by your signature on Attachment “E”, Bid Price Schedule and Acceptance of Bid Terms and Conditions.

2.10 DETERMINING RESPONSIBILITY

The determination on whether a Bidder is responsible or not shall be at the sole discretion of the City. The City may request information relating to contracts similar to the requirements of this solicitation, to include scope, mailto:procurement@casselberry.org http://www.casselberry.org/index.aspx?NID=406

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

quantities, dollar values, dates, etcetera; However, the City’s determination of a Bidder’s responsibility shall not solely be based on the number of similar projects the Bidder provides, but the wholeness of the Bidder’s qualifications.

In determining responsibility, the following qualifications and factors will be considered:

1. The Bidder's ability, capacity, and skill to provide the goods or to perform the service within the time specified;

2. The reputation, judgement, and experience of the Bidder;

3. The quality of performance of previous contracts or services including previous performance with the City;

4. Previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service;

5. The sufficiency of financial resources of the apparent low bidder to perform the contract or provide the service;

6. Quality Control Program.

7. Contract claims, litigation filed against the Apparent Low Bidder or filed by the Apparent Low Bidder for equitable adjustment; Reprimand of any nature or suspension by the Department of professional Regulation or any other regulatory agency or professional association in the past five (5) years.

8. Ability to provide future maintenance, service, and support of the goods/services under contract; and,

9. Whether the Bidder is in arrears to the City on a debt or a contract; whether the Bidder is in default on surety to the City; or whether the Bidder's taxes are delinquent.

2.11 BID FORMS/REPRODUCTION

A. Bid Forms: All bids must be submitted on the City’s standard solicitation forms and must include all applicable completed attachments included herein.

B. Reproduction: Please submit two (2) copies of the bid submittal package, one (1) unbound original and one

(1) bound copy. The submittal MUST also include a single CD-ROM or memory stick containing the entire bid submittal formatted to be read with Microsoft® software products or Adobe® PDF software.

2.12 BIDDER ACKNOWLEDGEMENT

By submitting a bid response, the Bidder certifies that the Bidder has fully read and understands this ITB document and has full knowledge of the scope, nature, quantity, and quality of work to be performed; the detailed requirements of the services to be provided; and the conditions under which the services are to be performed.

2.13 BIDS TO REMAIN FIRM

All Bids shall remain firm for ninety (90) Days after the day of the Bid opening, but City may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

2.14 COST OF SUBMITTAL

The Bidder understands that any and all costs related to the submittal of a proposal is considered an operational cost of the Bidder and shall not be passed on to, or be borne by the City. By submission of a bid, the Bidder agrees that any and all costs associated with the preparation of the bid will be the sole responsibility of the Bidder.

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

The Bidder also agrees that the City shall bear no responsibility for any costs associated with the preparation of the bid including but not limited to any administrative or judicial proceedings resulting from the solicitation process.

2.15 IMPROPER IDENTIFICATION AND TIMELINESS

The City is not responsible for the failure of a Bidder or the Bidder’s agent to submit responses in a timely manner or for a bid submittal that is not properly addressed or identified. Bid submittals by email, telephone or fax shall be rejected as non-responsive regardless of where it is received.

2.16 CORPORATE STANDING AND AUTHORIZED SIGNATORY

The Bidder must demonstrate that the company is in good standing and that the person signing this bid submittal is an Authorized Signatory on behalf of the Bidder to sign bid submittals, negotiate and/or sign contracts, agreements, amendments and related documents to which the Bidder will be duly bound. The Bidder must provide a copy of the State Certificate of Good Standing/Articles of Incorporation listing the officers of the company. In addition to the aforementioned documents the Bidder must include necessary information to verify the individual signing this bid and or any contract document has been authorized to bind the corporation.

Examples include:

a. A copy of your Articles of Incorporation listing the approved signatories of the corporation.

b. A copy of a resolution listing the members of staff as authorized signatories for the company.

c. A letter from a corporate officer listing the members of staff that are authorized signatories for the company.

Failure to sign and witness the Bidder’s signature form may result in a disqualification of the bid. Please be sure the bid is signed, properly witnessed, and sealed.

2.17 PROPRIETARY INFORMATION

A. In accordance with Chapter 119 of the Florida Statutes (Public Records Law); and except as it may be provided by other applicable State and Federal Law, all Bidders should be aware the Invitation to Bid and the responses thereto are in the public domain. Bidders are requested to identify specifically any information contained in their bid submittals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

B. A generic notation that information is “confidential” is not sufficient. Failure to provide the Procurement Division with a detailed explanation and justification including statutory cites and specific reference to your bid submittal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire bid submittal being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

2.18 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of a response, the Bidder certifies that in connection with this bid submittal:

A. The pricing and/or fees associated with this bid submittal have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor.

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

B. Unless otherwise required by law, the prices which have been quoted on this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor.

C. No attempt has been made or shall be made by the Bidder to induce any other person or Bidder to submit or not submit a bid for the purpose of restricting competition.

2.19 FAILURE TO COMPLY WITH BID INSTRUCTIONS

Failure to comply with any of the foregoing instructions, provide a bid submittal in the manner prescribed herein or any other essential element of this Invitation to Bid may be grounds for disqualification of your bid submittal.

2.20 AMERICANS WITH DISABILITIES ACT

Persons with disabilities needing a special accommodation to participate in this proceeding should contact the Procurement Division, Casselberry City Hall 95 Triplet Lake Drive, Casselberry, Florida 32707, telephone (407) 262-7700, not later than seven (7) days prior to the date on which the accommodation is requested.

2.21 OFFICE OF RECORD

The City of Casselberry Procurement Division shall be the official “office of record” for all information transactions and data disbursements associated with this solicitation. The Procurement Division may be reached Monday through Thursday between 7:00 A.M. to 6:00 P.M., Local Time via phone at (407) 262-7700, Ext. 1142.

2.22 MODIFICATION OR WITHDRAWAL OF BIDS

Bid modifications will be accepted from a bidder only if received in writing, properly signed by an officer of the bidder, and received prior to the opening of bids. Bid modifications must be identified as such and will be opened with the bidder’s bid form.

Bids may be withdrawn by request of the bidder prior to the time fixed for opening. Error or negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after the public opening date.

2.23 CONFLICTS WITHIN SOLICITATION

Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Form, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. It is incumbent upon the vendor to identify such conflicts to the designated procurement representative prior to the bid or proposal response date.

2.24 JOINT VENTURES

All Bidders intending to submit a bid response as a Joint Venture are required to have filed proper documents with the Florida Department of State, the Division of Professions, Construction Licensing Board and/or any other state or local licensing Agency prior to submitting a bid response. Please refer to Section 489.119 Florida Statutes.

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

Joint Venture Firms must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal Joint Venture Agreement between all joint venture parties, indicating their respective roles, responsibilities and levels of participation for the project.

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95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

SECTION 3 SPECIAL CONDITIONS

3.01 BID SECURITY BOND

The Bid response shall be accompanied by a Bid Security Bond equaling five percent (5%) of the total Bid price.

Failure of the Bidder to supply same, in the amount and type required, shall automatically render the Bidder as non-responsive resulting in the disqualification from further consideration of your Bid response. Please complete and submit Bid Security Bond form, attached herein.

A. The Bid Security Bond shall be submitted in the form of a Bid Bond in the amount of five percent (5%) of the total Bid price, made payable to the City of Casselberry, issued by a Surety firm and through a reputable and responsible surety bond agency licensed to do business in the State of Florida.

1. The Surety must be rated as "A”® or better as to strength by Best’s Insurance Guide, published by A. M.

Best Company, Inc., located at 1 Ambest Road, Oldwick, New Jersey 08858. For the latest ratings and Insurance Guide, access www.ambest.com.

2. In lieu of a Bid Bond, the Bidder may submit cash (U.S. currency only), money order, certified or cashier’s check drawn from a national or state bank whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC), in the amount of five percent (5%) of the total Bid price. Money orders and checks must be made payable to the City of Casselberry and shall accompany your bid submittal.

3. The terms of the ITB Security Bond shall be:

a. The Bidder shall enter into an Agreement if awarded to the Bidder;

b. The Surety (or alternate form of security forfeit) shall be responsible for the costs resulting from the failure of the Bidder to enter into an Agreement if awarded to the Bidder; including the increased costs associated with awarding to the next most responsive, responsible Bidder and costs associated with conducting the Bid process and letting the Agreement;

c. To promptly enter into an Agreement to perform the work and furnish the required Performance and Payment Bond, if applicable; and

d. Any interest earned as a result of the City depositing the accepted money order, certified or cashier’s check, or cash received as BID Security Bond into an interest bearing account, shall be retained by the City.

B. Return of BID Security Bond: As soon as the BID responses have been evaluated, the City may, at its sole discretion, return or release the BID Security Bonds accompanying such BID responses, which in its sole judgment, would not likely be considered for award. All other BID Security Bonds will be held until award of this project and the agreement has been executed by the successful Bidder; after which any remaining BID Security Bonds will be returned to the respective Bidders. It shall be the sole responsibility of the Bidder to request in writing from the City the return of the BID Security Bond or alternative form of security used. BID Security Bond or alternative form of security used shall not be returned unless requested by the Bidder in writing.

3.02 PERFORMANCE AND PAYMENT BONDS

Upon award of this project, the successful Bidder shall furnish Performance and Payment Bonds, or alternative form of performance and payment security such as; a money order, certified or cashier’s check, cash (U.S.

currency only), letter of credit; equaling one hundred percent (100%) of the total amount awarded under this solicitation. Receipt of said Performance and Payment Bonds or alternative form of security; shall occur no later

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

than ten (10) calendar days after award of this project. No commencement of work shall be authorized by the City without receipt of the Performance and Payment Bond or alternative security.

A. The Performance and Payment Bond shall be made payable to the City of Casselberry, issued by a Surety firm and through a reputable and responsible surety bond agency licensed to do business in the State of Florida.

1. The Surety must be rated as "A”® or better as to strength by Best’s Insurance Guide, published by A. M.

Best Company, Inc., located at 1 Ambest Road, Oldwick, New Jersey 08858. For the latest ratings and Insurance Guide, access www.ambest.com. Contractor shall be responsible for recording of the bond with the Seminole County Clerk of the Circuit Court.

2. In lieu of a Payment and Performance Bond, the successful Bidder may select one (1) of the below listed alternative methods to provide the required security:

a. A money order, certified or cashier’s check drawn from a national or state bank whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC), in the amount of one hundred percent (100%) of the total amount awarded under this project, made payable to the City of Casselberry;

b. An irrevocable Letter of Credit drawn from a national or state bank whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC), in the amount of one hundred percent (100%) of the total amount awarded under this project, made payable to the City of Casselberry. The irrevocable Letter of Credit shall contain the following:

i. The “Beneficiary” shall be stated as:

95 Triplet Lake Drive Casselberry, Florida 32707

ii. The Letter of Credit shall also contain the following language:

“It is a condition of this letter of credit that it shall be deemed automatically extended without amendment for one (1) year from the present or any future expiration date of this letter of credit unless at least forty-five (45) days prior to such expiration date we notify the beneficiary by certified mail that we elect not to consider this letter of credit renewed for such additional period.”

c. Cash (U.S. currency only).

3. The terms of the Payment and Performance Bond or alternative form of security used shall be:

a. The successful Bidder shall assure faithful performance of this project;

b. The successful Bidder shall assure timely payments to all persons providing labor, materials and/or supplies used in the performance of the work associated with this project;

c. Any interest earned as a result of the City depositing the accepted money order, certified or cashier’s check, or cash received into an interest bearing account shall be retained by the City; and,

d. Nothing in this section shall be construed to limit the authority of the City Commission, the City

Manager, or the Procurement Administrator to require other security in addition to, or in lieu of, those bonds or in circumstances other than those specified herein, when in the best interest of the City.

B. Return of Payment and Performance Bond or alternative form of security used. It shall be the sole responsibility of the successful Bidder to request in writing from the CITY the return of the Payment and http://www.ambest.com/

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

Performance Bond or alternative form of security used. The request shall be considered no earlier than thirty

(30) calendar days upon completion and final acceptance of the City, or expiration in a satisfactory manner of the awarded Agreement associated with this project. Payment and Performance Bonds or alternative form of security used shall not be returned unless requested by the successful Bidder in writing.

3.03 TIME FOR COMPLETION AND LIQUIDATED DAMAGES

It is understood and agreed that time is the essence of the Contract, and that failure on the part of the Contractor to complete the Contract Work within the time stated in the Agreement will result in certain loss and damage to the

CITY.

It is therefore covenanted and agreed that, if the Contractor shall fail or neglect to complete his Work on or before the date fixed for completion by these Documents, then said Contractor agrees to pay to the CITY, as Liquidated Damages, the amounts specified herein consistent with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, January 2018 (FDOT Specifications), Section 8-10, as amended that the City shall act as the Department.

Upon failure of Contractor to obtain Substantial Completion within the deadline as established in the contract, plus approved time extensions, Contractor shall pay to City the sum of One thousand six hundred sixty-five Dollars ($1,665.00) for each calendar day after the deadline for Substantial Completion, plus any approved time extensions, until Substantial Completion is obtained. After Substantial Completion, should Contractor fail to complete the remaining Work within the deadline as established in the contract, plus approved time extensions thereof, Contractor shall pay to City the sum of eight hundred thirty-one Dollars ($831.00) for each calendar day after the deadline for Final Completion, plus any approved extensions, until Final Completion is obtained. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial use/occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the Parties;

recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay; And both Parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete this Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a deadline for completion is given.

The full amount of such damages shall be deducted from payments due the Contractor or obtained by other legitimate means of recovery if earned payments withheld are inadequate to cover such damages.

Applicable liquidated damages are the amounts established in the following schedule:

Original Contract Amount Daily Charge Per Calendar Day $50,000 and under ........................................................$956 Over $50,000 but less than $250,000............................$964 $250,000 but less than $500,000.................................$1,241 $500,000 but less than $2,500,000..............................$1,665 $2,500,000 but less than $5,000,000...........................$2,712 $5,000,000 but less than $10,000,000.........................$3,447 $10,000,000 but less than $15,000,000.......................$4,866 $15,000,000 but less than $20,000,000.......................$5,818

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

The City has the right to apply, as payment on such liquidated damages, any money the City owes the Contractor.

The City does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions.

In the case of default of the Contract and the completion of the work by the City, the Contractor and his surety are liable for the liquidated damages under the Contract, but the City will not charge liquidated damages for any delay in the final completion of the City’s performance of the work due to any unreasonable action or delay on the part of the City.

The City considers the Contract complete when the Contractor has completed all work and the City has accepted the work. The City will then release the Contractor from further obligation except as set forth in his bond.

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95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

SECTION 4 GENERAL TERMS AND CONDITIONS

4.01 AWARD OF CONTRACT

Award will be made to the lowest, most responsive and responsible Bidder whose bid submittal meets the specifications.

A. The City shall review the fees and rates of compensation for reasonableness prior to execution of contract or submittal of a recommendation of contract or agreement to the City Commission. The City Attorney may review all contract documents. Other experts may be consulted to assist in this process.

1. The successful Bidder shall execute and return the agreement to the City, within ten (10) days after receipt along with any and all additional contractual documents, performance and payment bonds, insurance certificates/verifications and any other documents required as outlined in this solicitation document.

2. In no event shall an agreement be considered binding upon the City until it has been properly executed by all parties.

3. In conjunction with the agreement, a purchase order or other form of payment will be established by the City prior to the start of any project, service, or work by the Bidder.

B. Failure to Execute the Agreement(s).

Failure on the part of the successful Bidder to execute the Agreement(s) as required will be just cause for the rescindment of the award. In the event that the City fails to contract with the lowest most responsive and responsible bidder, the Bidder shall forfeit his bid guarantee to the City in the manner previously described herein. The award may then be made to the next lowest most responsive and responsible bidder, or the City may opt to re-advertise the work if found to be in its overall best interest.

4.02 DAMAGES

Areas adjacent to the construction site, which are damaged, shall be repaired at the Contractor's expense. Restoration of adjoining areas shall be equal to or better than original condition and to the satisfaction of the City. Protection of personal property, utilities, structures, access drives, conduits, pavement, curbs, sidewalks, trees, and shrubs shall be the responsibility of the Contractor, who shall provide adequate protection to maintain proper service.

4.03 NOTICE TO PROCEED

The Work shall commence upon the issuance of Notice To Proceed (NTP) and shall remain in effect until such time as the Work acquired in conjunction with this Solicitation, have been completed and accepted by the City's authorized representative and upon completion of the expressed and/or implied warranty periods.

4.04 SUPERVISION

The City shall not exercise any supervision or control over the Bidder’s employees performing services under an agreement. Said employees shall be accountable not to the City, but solely to the Bidder, who, in turn, is responsible to the City.

95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

4.05 FAILURE OF PERFORMANCE AND/OR DELIVERY

In cases where materials, goods or services are not properly delivered, performed and/or installed, the successful Bidder will either remedy the defect to the satisfaction of the City or be responsible for reimbursement of the difference to the City for the subsequent contractor selected to remedy the defect. Acceptance of materials, goods or services shall remain in the City’s sole discretion.

Unsatisfactory work shall be corrected by the Bidder within twenty-four (24) hours of notification by the City. If the successful Bidder fails to perform as required per these specifications, or fails to deliver the item(s) or perform the work specified in these specifications, it shall compensate the City for any damages caused by the Bidder’s failure to perform as stated herein.

4 . 0 6 PERFORMANCE EVALUATION

At the end of the Contract, the receiving department may evaluate the successful bidder’s performance. This evaluation will become public record.

4.07 PROTECTION OF PROPERTY

At all times, the successful Bidder shall guard from damage or loss of property of the City, or of other Bidders or contractors, and shall replace or repair any loss or damage unless such damage is caused by the City, other Bidders, or contractors. The City may withhold payment, or make such deductions as it might deem necessary, to insure reimbursement for loss or damage to property through negligence of the successful Bidder or the Bidder’s agents.

4.08 SERVICE REQUIREMENTS

The successful Bidder shall provide sufficient staff, resources, and facilities to ensure that the City’s business is handled in a timely manner. If the Bidder is unable to perform the work in a timely manner as agreed upon, the City shall have the right to rescind the purchase order and award the project to another Bidder.

4.09 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH

By submission of a bid in response of this solicitation, the Bidder certifies that all material, equipment, etcetera;

contained in the bid submittal meets all OSHA requirements. Bidder further certifies that if they are the successful Bidder, and the material, equipment, etcetera; delivered is subsequently found to be deficient in any OSHA requirements in effect on the date of delivery, all costs necessary to bring the material, equipment, etcetera; into compliance with the aforementioned requirements shall be borne by the successful Bidder.

4.10 WARRANTY

In accordance with Article 15.00 of the Agreement(s) to be executed by the successful Bidder, the Contractor together with his Surety unconditionally guarantee all Contractor furnished materials, equipment and workmanship incorporated in the Work for a period of not less than one (1) year after the date of final acceptance of the Work by the City. (This warranty shall be exclusive of all manufacturer’s guarantee or warranties exceeding this period). Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the successful Bidder shall repair or replace same at no cost to the City, 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 | Fax: 407-262-7746

Solicitation Number:

TITLE: PW 1409 CASSELTON DRIVE IMPROVEMENTS

immediately upon written notice from the City’s authorized representative.

4.11 INSPECTION/TITLE/ACCEPTANCE OF GOODS/SERVICES

Inspection and acceptance of goods/services will be at the destination, unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the successful Bidder until accepted by the requesting Division/Department/Office of the City, unless loss or damage results from negligence by the City or the requesting Division/Department/Office.

Receipt of goods/service shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the performance meets the specifications and/or all conditions. Should the delivered goods/services differ in any respect from the specifications, payment will be withheld pursuant to Section 218.70, Florida Statutes, until such time as the successful Bidder takes necessary corrective action. If the proposed corrective action is not acceptable to the City, the City may refuse final acceptance of the goods/services.

4.12 NON-EXCLUSIVE CONTRACT

Award of this project shall impose no obligation on the City to utilize the successful Bidder for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the City’s best interest.

4.13 MATERIAL DEVIATIONS

The City of Casselberry has established certain requirements with respect to proposals to be submitted by prospective Proposers. The use of "shall" (except to indicate simple futurity) in the bid indicates a requirement or condition, which must be met. The City of Casselberry may, at its sole discretion, waive requirements or conditions if the conditions are determined to be non-material.