ITB14MB-128_Acknowledgment_Underground_Construction.pdf

SUBMIT BID TO:

PURCHASING DEPARTMENT

UNIVERSITY OF FLORIDA

971 Elmore Drive, Room 102

(PO Box 115250)

GAINESVILLE, FL 32611-5250

Phone: (352) 392-1331 - FAX: (352) 392-8837

Web Address: www.purchasing.ufl.edu

INVITATION TO BID

Acknowledgment Form

Page 1 of 43 Pages Also see Appendix A

BID WILL BE OPENED April 22, 2014 at 3:00 PM, UF Purchasing Services, Elmore Hall, Conference Room 101, 971 Elmore Drive, Gainesville, FL 32611, and may not be withdrawn within 45 days after such date and time.

Mandatory Pre-Bid April 1, 2014 at 3:00 PM, Physical Plant Utilities Large Conference Multi-purpose Rm 143, bldg. 702, Gainesville, FL

BID NO. ITB14MB-128

UNIVERSITY MAILING DATE:

March 19, 2014

PURCHASING AGENT

MB/DF

BID TITLE: Contract for Underground Construction

CONTRACTOR NAME Delivery will be days ARO

CONTRACTOR MAILING ADDRESS REASON FOR NOT SUBMITTING BID

CITY - STATE - ZIP CODE

P O S T I N G O F B I D T A B U L A T I O N S

AREA CODE

TELEPHONE NO.

FAX NO.

WEB ADDRESS

EMAIL ADDRESS

Bid tabulations with intended award(s) will be posted electronically for review by interested parties at www.purchasing.ufl.edu and will remain posted for a period of 72 hours excluding Saturdays, Sundays, or state holidays. Failure to file a protest within the time prescribed in section 120.57(3) (b), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the contractor and that the contractor is in compliance with all the requirements of the Invitation to Bid, including but not limited to, certification requirements. In submitting a bid on behalf of the Board of Trustees, hereinafter known as the University, the contractor offers and agrees that if the bid is accepted the contractor will convey, sell, assign, or transfer to the University all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the University for price fixing relating to the particular commodities or services purchased or acquired by the University. At the University’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the contractor.

AUTHORIZED SIGNATURE (MANUAL)

NAME AND TITLE (TYPED)

GENERAL CONDITIONS

SEALED BIDS: All bid sheets and this form must be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE.)

The face of the envelope shall contain, in addition to the above address, the date, and time of the bid opening and the bid number. Bids not submitted on the attached bid form shall be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection.

1. EXECUTION OF BID: Bid must contain an original manual signature of authorized representative in the space provided above. Bid must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by contractor must be initialed.

2. NO BID: If not submitting a bid, respond by returning only this contractor acknowledgment form, marking it "NO BID", and explain the reason in the space provided above. Failure to respond to a procurement solicitation without giving justifiable reason for such failure, nonconformance to contract conditions, or other pertinent factors deemed reasonable and valid shall be cause for removal of the supplier’s name from the bid mailing list. NOTE: To qualify as a respondent, contractor must submit a "NO BID", and it must be received no later than the stated bid opening date and hour.

3. BID OPENING: Shall be public, on the date, location and the time specified on the bid form. It is the contractor's responsibility to assure that the bid is delivered at the proper time and place of the bid opening. Bids which for any reason are not so delivered will not be considered. A bid may not be altered after opening of the bids.

NOTE: Bid tabulations will be posted electronically at www.purchasing.ufl.edu. Bid tabulations will not be provided by telephone.

4. PRICES, TERMS AND PAYMENT: Firm prices shall be bid and will include all packing, handling, shipping charges, and delivery to the destination shown herein.

(a) TAXES: The University does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property or services. The Florida Tax Exempt Number is 11-06-024056-57C. This exemption does not apply to purchases of tangible personal property or services made by contractors who use the tangible personal property or services in the performance of contracts for the improvement of University-owned real property as defined in Chapter 192, F.S.

(b) DISCOUNTS: Contractors are encouraged to reflect trade discounts in the unit prices quoted; however, contractors may offer a discount for prompt payment. Prompt payment discounts will not be considered in the bid award. However, every effort will be made to take the discount within the time offered.

(c) MISTAKES: Contractors are expected to examine the specifications, delivery schedule, bid prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at contractor's risk. In case of a mistake in extensions the unit price will govern.

(d) INVOICING AND PAYMENT: Payment will be made by the University of Florida after the items awarded to a contractor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. All invoices shall bear the purchase order number. Payment for partial shipments shall not be made unless specified. An original invoice shall be submitted. Failure to follow these instructions may result in delay in processing invoices for payment. Payment shall be made in accordance with Section 215.422 (1) (2) F.S. CONTRACTOR OMBUDSMAN: The University’s contractor ombudsman, whose duties include acting as an advocate for contractors may be experiencing problems in obtaining payment from the University, may be contacted at 352-392-1241.

(e) ANNUAL APPROPRIATIONS: The University’s performance and obligation to pay under any contract awarded is contingent upon an annual appropriation by the Legislature.

(f) CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be a new, current standard production model available at the time of this bid. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

(g) SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards hereunder.

5. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, F.S. All contractors must disclose with their bid the name of any officer, director, or agent who is also an employee of the University of Florida. Further, all contractors must disclose the name of any University employee who owns, directly or indirectly, an interest of five percent (5%) or more in the contractor's firm or any of its branches.

6. AWARDS: As the best interest of the University may require, the right is reserved to make award(s) by individual item, group of items, all or none or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is no competition to the http://www.purchasing.ufl.edu/

ITB14MB-128 2

lowest responsible contractor, evaluation of other bids are not required. Contractors are cautioned to make no assumptions unless their bid has been evaluated as being responsive.

7. INTERPRETATIONS/DISPUTES: Any questions concerning conditions or specifications shall be directed in writing to the Purchasing Department. Inquiries must reference the date of bid opening and bid number. No interpretations shall be considered binding unless provided in writing by the University in response to requests in full compliance with this provision. For protest of the specifications contained in the invitation to bid, the notice shall be filed in writing within 72 hours after the receipt of the project plans and specifications or intended project plans and specifications and the formal written protest shall be filed within 10 days after the date the notice of protest was filed. Any person who is affected adversely by the University's decision or intended decision shall file with the University a notice of protest in writing within 72 hours after the electronic posting of the bid tabulation. The formal written protest shall be filed within 10 days after the date the notice of protest was filed. Failure to file a protest within the time prescribed in Section 120.57(3) (b), F.S., shall constitute a waiver of proceedings under chapter 120, F.S.

8. NOTICE OF BID PROTEST BONDING REQUIREMENT; Any person who files an action protesting a decision or intended decision shall post at the time of filing the formal written protest, the contractor shall post with the University a bond, payable to the University of Florida, in an amount equal to: 10% of the estimated value of the protestor’s bid; 10% of the estimated expenditure during the contract term;

$10,000.00 or whichever is less. The bond shall be conditioned upon the payment of all costs which may be adjudged against the contractor. FAILURE TO FILE THE

PROPER BOND AT THE TIME OF FILING THE FORMAL PROTEST WILL RESULT

IN A DENIAL OF THE PROTEST.

9. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered in this bid prior to their delivery, it shall be the responsibility of the successful contractor to notify the purchaser at once, indicating in writing the specific regulation which requires an alteration. The University reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no expense to the University.

10. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, county and local laws, and of all ordinances, rules and regulations shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the University, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise: and lack of knowledge by any contractor shall not constitute a cognizable defense against the legal effect thereof.

11. LOBBYING: Contractor is prohibited from using funds provided under any contract or purchase order for the purpose of lobbying the Legislature or any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government.

12. ADVERTISING: In submitting a bid, the contractor agrees not to use the results therefrom as a part of any commercial advertising. Contractor may not use the names, logos, or trademarks of the University, its employees, or affiliates without the prior written consent of the University.

13. ASSIGNMENT: Any contract or purchase order issued pursuant to this Invitation to Bid and the monies which may become due hereunder are not assignable except with the prior written approval of the purchaser.

14. LIABILITY: The contractor agrees to indemnify and save the University of Florida, the State of Florida and the Florida Board of Governors, their officers, agents, and employees harmless from any and all judgments, orders, awards, costs and expenses, including attorney's fees, and also all claims on account of damages to property, including loss of use thereof, or bodily injury (including death) which may be hereafter sustained by the contractor, its employees, its subcontractors, or the University of Florida, the State of Florida and the Florida Board of Governors, their officers, agents, or employees, or third persons, arising out of or in connection with any contract awarded and which are the result of the contractor's breach of contract or of the negligent acts of the contractor, its officers, agents, and employees. This clause does not apply to contracts between government agencies.

15. FACILITIES: The University reserves the right to inspect the contractor's facilities at any time with prior notice.

16. ADDITIONAL QUANTITIES: For a period not exceeding ninety (90) days from the date of acceptance of any offer by the University of Florida, the right is reserved to acquire additional quantities up to but not exceeding those shown on bid or the bid level at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY".

17. SERVICE AND WARRANTY: Unless otherwise specified, the contractor shall define any warranty service and replacements that will be provided during and subsequent to this contract. Contractors must explain on an attached sheet to what extent warranty and service facilities are provided.

18. SAMPLES: Samples of items, when called for, must be furnished free of expense, on or before bid opening time and date, and if not destroyed, may upon request, be returned at the contractor's expense. Each individual sample must be labeled with contractor's name, manufacturer's brand name and number, bid number and item reference. Request for return of samples shall be accompanied by instructions which include shipping authorization and name of carrier and must be received with the bid. If instructions are not received within this time, the commodities shall be disposed of by the University.

19. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title and risk of loss or damage of all items shall be the responsibility of the contract supplier until accepted by the University, unless loss or damage results from negligence by the University. The contract supplier shall be responsible for filing, processing and collecting all damage claims.

However, to assist him in the expeditious handling of damage claims, the University will:

(a) Record any evidence of visible damage on all copies of the delivering carrier's

Bill of Lading.

(b) Report damage (Visible or Concealed) to the carrier and contract supplier confirming such reports in writing within 15 days of delivery, requesting that the carrier inspect the damaged merchandise.

(c) Retain the item and its shipping container, including inner packing material until inspection is performed by the carrier, and disposition given by the contract supplier.

(d) Provide the contract supplier with a copy of the carrier’s Bill of Lading and damage inspection report.

20. PATENTS, COPYRIGHTS, TRADEMARKS, ROYALTIES and other Intellectual Property: The contractor, without exception, shall indemnify and save harmless the University and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the University of Florida. If the contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

21. CONFLICT BETWEEN DOCUMENTS: If any terms and conditions contained within the documents that are a part of this ITB or resulting contract are in conflict with any other terms and conditions contained therein, then the various documents comprising this ITB or resulting contract, as applicable, shall govern in the following order of precedence: change order, purchase order, addenda, special conditions, general conditions, specifications, departmental description of work, and bid.

22. MANUFACTURERS' NAMES AND APPROVED EQUIVALENTS: Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. If bids are based on equivalent products, indicate on the bid form the manufacturer's name and number. Contractor shall submit with the bid, cuts, sketches, and descriptive literature, and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. The contractor shall also explain in detail the reasons why the proposed equivalent will meet the specifications and not be considered an exception thereto. The University of Florida reserves the right to determine acceptance of item(s) as an approved equivalent. Bids which do not comply with these requirements are subject to rejection. Bids lacking any written indication of intent to quote an alternate brand will be received and considered in complete compliance with the specifications as listed on the bid form.

23. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested and/or inspected for compliance with specifications by any appropriate testing facilities. Should the items fail, the University may require the contractor to reimburse the University for costs incurred by the University in connection with the examination or testing. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, F.S.

Items delivered not conforming to specifications may be rejected and returned at contractor's expense. These items and items not delivered as per delivery data in bid and/or purchase order may result in contractor being found in default in which event any and all reprocurement costs may be charged against the defaulting contractor.

Any violation of these conditions may also result in the contractor's name being removed from the University of Florida's contractor file.

24. PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid will become a public document pursuant to Section 119.07 F.S. This includes material which the responding contractor might consider to be confidential or a trade secret.

Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07 F.S.

25. DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the University of Florida, Monday through Friday, unless otherwise specified.

26. PUBLIC PRINTING - PREFERENCE GIVEN PRINTING WITHIN THE STATE:

The University of Florida shall give preference to contractors located within the state when awarding contracts to have materials printed, whenever such printing can be done at no greater expense than, and at a level of quality comparable to, that obtainable from a contractor located outside of the state.

(a) CONTRACTS NOT TO BE SUBLET: In accordance with Class B Printing Laws and Regulations "Printing shall be awarded only to printing firms. No contract shall be awarded to any broker, agent, or independent contractor offering printing manufactured by other firms or persons."

(b) DISQUALIFICATION OF CONTRACTOR: Reasonable grounds for believing that a contractor is involved in more than one bid for the same work will be cause for rejection of all bids in which such contractors are believed to be involved. Any or all bids will be rejected if there is reason to believe that collusion exists between contractors. Bids in which the prices obviously are unbalanced will be subject to rejection.

(c) TRADE CUSTOMS: Current trade customs of the printing industry are recognized unless accepted by Special Conditions or Specifications herein.

(d) COMMUNICATIONS: It is expected that all materials and proofs will be picked up and delivered by the printer or his representative, unless otherwise specified. Upon request, materials will be forwarded by registered mail.

(e) RETURN OF MATERIAL: All copy, photos, artwork, and other materials supplied by the University of Florida must be handled carefully and returned in good condition upon completion of the job. Such return is a condition of the contract and payment will not be made until return is affected.

END OF SECTION

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SCOPE OF WORK

The scope of services to be provided to The University of Florida includes machine and hand trenching, pushing / boring under or saw cutting of asphalt, concrete surfaces (sidewalks, streets, road ways, etc.), machine or hand digging splice/test holes, laying PVC conduit or other pipes for utility services, placing telecommunications cabling and fiber optic cables, termination of telecommunications cabling and fiber optics, constructing above ground communications cabinets and larger prefab vaults, placement of blue light emergency telephone units and associated concrete foundations, installation of related electrical, piping, sanitary or mechanical work and other work underground services related work.

The location of the work to be provided by the Contractor will largely be confined to the University of Florida main campus. The size of each project will vary from directing the Contractor to provide a singular splice pit, a trench a few feet in length to a conduit structure thousands of feet in length with many man / hand holes. All services shall be performed on an as needed basis.

Special Note: The University of Florida has an exceptionally high concentration of underground utilities which include a very extensive steam and chilled water distribution system. Along with active underground utilities, there are abandoned conduit, pipe and other structures. The contractor must use precautionary measures to prevent damage to the active systems.

Adjustments in the trench depth, placement and width in the process of working alongside, under and avoiding these activities or other obstacles is considered incidental by the University. Therefore, the contractor shall bear this in mind when responding to the price schedule.

Additionally, the University of Florida campus has an exceptionally high concentration of pedestrians, bicycles, and vehicular traffic. Precautionary measures that the Contractor must take in protecting the project work, as well as protecting pedestrians, is considered by the University as incidental to the work of this agreement.

This solicitation will result in an award to one or more contractors to provide services as described above.

UNIVERSITY DEMOGRAPHICS

The University of Florida is a major public land-grant research university. The state's oldest, largest, and most comprehensive university, the University of Florida is among the nation's most academically diverse public universities.

The University has a long history of established programs in international education, research, and service. It is one of only 17 public land-grant universities nationwide and the only university in Florida belonging to the Association of American Universities. With more than 50,000 students, the University of Florida is now one of the five largest universities in the nation.

The University of Florida has a 2,000-acre campus and more than 900 buildings (including 170 with classrooms and laboratories). The northeast corner of campus is listed as a historic district on the National Register of Historic Places.

The University’s extensive capital improvement program has resulted in facilities ideal for 21st century research including the McKnight Brain Institute, the Health Professions, Nursing and Pharmacy Building, the Cancer and Genetics Research Complex, and the Proton Therapy Institute in Jacksonville. Overall, the university's current facilities have a book value of more than $1 billion and a replacement value of $2 billion.

For any additional information about the University of Florida, please visit the University’s web page at: www.ufl.edu.

http://www.ufl.edu/

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SOLICITATION STRUCTURE & INSTRUCTIONS

This bid will consist of two (2) phases.

Phase 1 is a Pre-qualification phase comprised of a timely and complete response to the Phase 1 Criteria and the supporting documentation of adequate pre-qualification considerations.

Phase 2 is the evaluation of the Proposal documents and award of the solicitation. Attachment “A” will include various descriptions of labor, description of equipment that may be used and percentage on markups for material, outside rentals, and subs.

NOTE: Contractors are to submit Bids for both Phase 1 and Phase 2 at the same time and are to be clearly marked ‘Phase 1’ and ‘Phase 2’. Only those contractor proposals that successfully pass Phase 1 Pre-qualification will be opened in Phase 2.

Incomplete bid packages will be disqualified. This includes, but is not limited to:

Failure to submit proposal by the stated time and date

Failure to sign the Invitation to Bid Acknowledgement Form

Failure to sign Acknowledgement of Technical Specification References

Missing, invalid, or expired license

Missing, invalid, or expired proof of corporate status in the State of Florida

Insufficient proof of insurance coverage

Insufficient proof of size/financial stability of bonding company

Failure to include safety (EMR) data

Failure to present Phase 1 packages in TABULAR format

Failure to have 2 packages labeled Phase 1 and Phase 2

PHASE 1 CRITERIA

The following criteria shall be used in Phase 1 to pre-qualify contractors to continue to Phase 2 (bid packages are to be presented in TABULAR format as per outline below):

Past Performance

Qualifications and Experience

Financial Standing (including bonding capacity)

Workload

Safety Record

TAB 1 Past Performance

The Owner will evaluate the quality of the applicant's past performance considering currency, relevancy, sources, context and trends. This evaluation is separate and distinct from the responsibility determination. The assessment of the applicant's past performance will be used as a means of evaluating the relative capability of the firm to successfully perform the Work. The University reserves the right to obtain information for use in the evaluation of past performance from any and all sources it deems necessary. The applicant shall demonstrate satisfactory performance on five (5) similar projects within the past five (5) years of projects considered "similar" to the University of Florida.

Provide complete information including description, location date of completion and names and addresses of owners and contact information.

Acceptable renovation project are defined as those with the following scopes or characteristics:

University campus or government project experience Projects with intense schedule, management, and logistical demands - busy campus, adjacent residential facilities that will remain occupied during the work

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TAB 2 Qualifications & Experience

Identify the personnel who will manage and supervise this project, as well as the staff responsible for job-site safety, quality control, and other specialties. Provide each person's title and project-specific responsibilities, including license, qualifications and resume. Lack of detailed information on the resumes may result in a less favorable evaluation. Provide an organization chart or diagram if necessary to clearly explain lines of authority, duties & responsibilities, etc.

Proof of a staffed office with available construction personnel located within 60 miles of the Gainesville for the ability to respond and preform the task on hand within a 30 minute time frame.

Provide proof of license to perform work as a Certified Underground Utility and Excavation Contractor from the Department of Business and Professional Regulation.

Provide proof of corporation, Limited Liability Corporation or partnership registered to operate in the State of Florida by the Department of State (Division of Corporations). Such proof shall take the form of a certificate of corporate status from the Florida Department of State.

Provide list of fleet and equipment inventory and availability.

TAB 3 Financial Standing

Provide the contact information, references, and statements required by Sections 4 and 5 of AlA Document A305.

Provide proof of the applicant’s ability to provide liability insurance coverage in the amounts of $1 million per occurrence General Liability, $1 million Automobile Liability, Workers’ Compensation per requirements of Chapter 440 of the Florida Statutes, and $5 million Umbrella. Such proof may take the form of a draft ‘ACORD’ certificate or a letter of intent from the respective carrier or agent.

TAB 4 Safety Record

Outline the firm's approach to job-site safety management, training & education, and enforcement. Provide a copy of the firm's insurance experience modification rate (EMR) for the past three years.

TAB 5 Workload

Provide a simple list of all current and pending work by the applicant firm. Further, provide a more detailed list of all current and pending work that involves the key personnel identified in item 2 (Qualifications & Experience), noting the size, contract amount, scope, owner, A/E, general or prime contractor (if your firm is serving, or will serve. as a subcontractor), current status, and projected completion date of each.

EVALUATION

Each proposal will be reviewed in Phase 1 by a committee consisting of UF representatives from the Department of Housing & Residential Education, Physical Plant Division, Institute of Food and Agricultural Sciences, College of Journalism and Enterprise Infrastructure & Operations (formerly CNS).

The contractor's response to each of the (5) above-listed criteria will be evaluated by each committee member.

Failure to provide proof of current license(s) will be grounds for immediate disqualification.

NOTE: This process concludes with the determination of pre-qualified contractors who are eligible to bid. The pre-qualification process will bear no relevance to the bidding process.

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SPECIAL CONDITIONS

1. YEARLY CONTRACTS - The University of Florida is soliciting proposals from interested contractors to furnish proposals for underground construction services. The scope of services to be provided include machine and hand trenching, pushing / boring under or saw cutting of asphalt, concrete surfaces (sidewalks, streets, road ways, etc.), machine or hand digging splice/test holes, laying PVC conduit or other pipes for utility services, placing telecommunications cabling and fiber optic cables, termination of telecommunications cabling and fiber optics, constructing above ground communications cabinets and larger prefab vaults, placement of blue light emergency telephone units and associated concrete foundations, installation of related electrical, piping, sanitary or mechanical work and other work underground services related work in a highly concentrated area with pedestrians, bicycles, and vehicular traffic.

2. TERM OF CONTRACT - The University reserves the right to add and/or delete elements, or to change any element of the coverage and participation at any time without prior notification and without any liability of any kind or amount.

Term of Contract - The effective period of contract resulting from this bid will be May 1, 2014 through April 30, 2015.

The University shall have the option to renew this bid for four (4), one (1) year renewal periods under the same terms, if it should be deemed advisable and advantageous to do so. Renewal of this contract shall be contingent upon mutual acceptance by the University and Contractor.

Prior to renewal, the Contractor will have the opportunity to adjust labor prices for the contract that will be in force for the subsequent year. Price change requests shall be submitted to Purchasing in writing, submitted at least sixty (60) days prior to the end of the current Agreement period, and shall be supported by written evidence of increased costs to the Successful Contractor. The University will not approve unsupported price increases that will merely increase the gross profitability of the Successful Contractor at the expense of the University. Price change requests shall be a factor in the Agreement extension review process. The University shall, in its sole opinion, determine whether the requested price increase or an alternate option is in the best interest of the University.

3. MANDATORY PRE-BID CONFERENCE - A mandatory pre-bid conference will be held on April 1, 2014 at 3:00 PM, Physical Plant Utilities Large Multi- purpose conference room 143, Bldg 702, Gainesville, FL. The purpose of this conference is to hear any and all questions arising from this Invitation to Bid. Answers to any questions that might arise will be in the form of an Addendum to the Invitation to Bid, prior to the bid opening. All such revisions must be acknowledged by signature and returned with the bid proposal. Failure to attend this meeting will result in the rejection of your bid.

4. INVITATION TO BID FORM - All bids should be submitted on the University of Florida’s Invitation to Bid/Bidders

Acknowledgment form, within including Package Phase 1 and Package Phase 2, plus one electronic (PDF) copy on CD-ROM in a sealed envelope, with the following information on the outside of the envelope: bid number, date and time of bid opening, and company name in order to be considered in the award.

5. Marking of Envelopes – Contractors shall ensure that the submittal envelope(s) clearly and conspicuously display the following identifying information in addition to any other information otherwise required for transmittal, and are sealed.

Proposals must be delivered sealed to:

University of Florida Purchasing Services 971 Elmore Drive Gainesville, FL 32611-5250 on or prior to 04/22/14 at 3:00 PM ITB14MB-128/Bid for Underground Construction

The above address is a valid campus address for any courier service.

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It is the contractor’s responsibility to assure that the proposal is delivered at the proper time and place of the proposal opening. Proposals which for any reason are not so delivered will not be considered. The University shall not accept proposals received by facsimile or email. The University shall, at the specified closing date and time, open all proposals that are otherwise in order. The University will allow interested parties to attend such opening for purposes of identifying which contractors have responded. The University will make no immediate decision at such time, and there will be no disclosure of any information contained in any proposal until the earlier of (i) the time University provides notice of a decision or intended decision, or (ii) 30 days after the final competitive sealed proposals are all opened, whichever occurs earlier, contractor proposals become public record. When multiple solicitations have been scheduled to open at the same date and time, the University will open solicitations that have interested individuals present in sequential order by solicitation number. The University will hold unopened any proposals received after the closing date and time, and will not consider such proposals. The University reserves the right to retain or dispose of such proposals at its discretion; however, the University may return such proposals to their related contractors, but only at such contractor’s request and at no cost or expense whatsoever to the University.

Contractors will submit two 2 sealed envelopes in their bid packages along with electronic format discs. Sealed Envelope 1 shall contain Phase 1 Pre-Qualification submittals; Sealed Envelope Phase 2 will contain pricing documentation. At the time of the bid opening, the University will only acknowledge receipt of proposals. Line items and qualifications submittals will not be reviewed at this time and receipt of bids will only be acknowledged.

6. INQUIRIES - The University will not give verbal answers to inquiries regarding the specifications, or verbal instructions prior to or after the award of the bid. A verbal statement regarding same by any person shall be non-binding. The University is not liable for any increased costs resulting from the Contractor accepting verbal direction. All changes, if necessary, shall be made by written Addendum to the bid.

Any explanation desired by Contractors must be requested of the University of Florida Purchasing Department in writing, and if an explanation is necessary, a reply shall be made in the form of an Addendum, a copy of which will be forwarded to each Contractor who has received a set of the bid documents from the University. Contractors obtaining bid documents from any other source must notify the University of their: name, address, telephone, and facsimile numbers in order to receive any Addenda. Direct all inquiries to Mercedes Bongiovanni at mbongio@ufl.edu .

7. AMERICANS WITH DISABILITY ACT - If special accommodations are needed in order to attend a pre-proposal meeting or a proposal opening, contact Mercedes Bongiovanni at mbongio@ufl.edu, three (3) business days prior to either the pre-proposal meeting or proposal opening.

8. SUBCONTRACTORS - Should a Contractor attend the Mandatory Pre-Bid Meeting and represent his or her respective company, that Contractor’s company will be prohibited from acting as a Subcontractor to another Contractor responding should that Contractor be awarded the contract. In any case, no Subcontractors are allowed on this project.

9. COVERAGE AND PARTICIPATION - The intended coverage of this BID and any Agreement resulting from this solicitation shall be for the use of all Departments at the University of Florida. With the consent and agreement of the Successful Contractor, the other state universities, community colleges, district school boards, other educational institutions, and other governmental agencies within the State of Florida, may assess an Agreement resulting from this solicitation issued and administrated by the University of Florida.

The University reserves the right to add and/or delete elements, or to change any element of the coverage and participation at any time without prior notification and without any liability of any kind or amount.

10. USE OF TERMS - The terms “University of Florida”, “UF”, “Purchasing Services” and “University” are used synonymously in this Invitation to Bid unless otherwise indicated. The terms “Contractor”, “Proposer”, “Bidder” and “Contractor” are used synonymously in this ITB unless otherwise indicated.

11. PRICES - Prices are to be a fixed price, and include provision of all labor, equipment, tools, consumables, maintenance, permits, liability insurance, builder’s risk insurance, training manuals and services necessary and/or proper for the completion of the work, except as may be otherwise expressly provided in the contract documents associated with the materials to be provided by the University. The University will not be liable for any costs beyond mailto:mbongio@ufl.edu mailto:mbongio@ufl.edu

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those proposed herein and awarded. Time and materials quotes will be unacceptable. In some cases, the University may order material in excess of that required by the plans. This is to allow for wastage, change orders, and potential loss by inventory. Prices should be calculated based upon the plans provided, and not upon the quantity of materials ordered.

12. AVAILABILITY OF FUNDS - The State of Florida and the University’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature of the State of Florida.

13. CANCELLATION – The University, by written notice, may terminate in whole or in part any purchase order resulting from this Invitation to Bid, when such action is in the best interest of the University. If the purchase order is terminated, the University shall be liable only for payment of services rendered prior to the effective date of the termination.

Services rendered will be interpreted to include the cost of items already delivered, plus the reasonable cost of supply action short of delivery.

14. CONVENIENCE - The University reserves the right to terminate the Agreement in whole or part at any time when in the best interests of the University without penalty or cause. Upon receipt of the written notice, the Successful Contractor shall immediately stop all work as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the University. In the event of termination under this provision, all documents, data and reports prepared by the Successful Contractor under the Agreement shall become the property of and delivered to the University. The Successful Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of termination.

Such compensation shall be the Successful Contractor’s sole remedy against the University in the event of termination under this provision.

15. STOP WORK ORDER - The University may at any time, by written order to the Contractor, require the Contractor to stop all or any part of the work called for by the Agreement for a period of ninety (90) days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a Stop Work Order issued under this provision. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incidence of costs allocable to the work covered by the order during the period of work stoppage. If a Stop Work Order issued under this provision is canceled or the period of the order or any extension expires, the Contractor shall resume work. The University shall make an equitable adjustment in the delivery schedule or Agreement price, or both, and the Agreement shall be amended in writing accordingly.

16. CHANGES IN THE WORK - CONSTRUCTION - The University may order in writing extra work or make changes by altering, adding to or deducting from the work, the Contract Sum and Time of Performance being adjusted accordingly. The value of any such change shall be determined by estimate and acceptance of a lump sum. Claims by the Contractor for extra cost must be made in writing before executing the work involved.

17. URGENT REQUIREMENTS - In the case of a bona fide emergency and the Contractor cannot meet the delivery requirements; the University reserves the right to order from any Contractor that can meet such delivery requirement.

This provision will not be used to circumvent the intent of the contract.

18. REPORTS - The Contractor agrees to furnish reports to the University of total work made under this contract to include complete description list of jobs, line item amount, total amount.

19. PROTECTION OF PROPERTY - The Contractor shall at all times guard against damage or loss to the property of the University or of other Contractors or Contractors and shall be held responsible for replacing or repairing any such loss or damage. The University may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the Contractor or his agents. The Contractor shall provide all barricades and take all necessary precautions to protect buildings and personnel.

20. DEBRIS – The Contractor shall be responsible for the prompt removal of all debris which is a result of delivery, assembly, or installation.

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21. INSPECTION, ACCEPTANCE AND TITLE - The University shall at all times have access to the work wherever it is in preparation or in progress, and the Contractor shall provide proper facilities for such access and for inspection.

The Contractor shall not enclose any work until the University has inspected the work. Should the Contractor enclose the work prior to inspection by the University, the Contractor shall uncover the work for inspection by the University at no cost to the University, and then recover the work according to the specification contained herein.

The Contractor shall notify the University in writing when the work is ready for inspection. The University will inspect the work as expeditiously as possible after receipt of notification from the Contractor.

22. INSURANCE REQUIREMENTS - CONTRACTOR'S LIABILITY INSURANCE - The Contractor shall purchase from and maintain with a company or companies lawfully authorized to do business in Florida such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All insurance policies shall be issued and countersigned by representatives of such companies duly authorized for the State of Florida and shall be written on ISO standard forms or their equivalents. The Contractor shall provide the ISO Commercial General Liability policy for general liability coverages. All liability policies shall provide that the University is a named additional insured as to the operations of the Contractor under the University- Contractor Agreement and shall provide the Severability of Insured’s Provision. The University shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the responsibility solely of the Contractor and/or Subcontractor providing such insurance.

This insurance shall protect the Contractor from the following claims:

a) Claims under worker's or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the work to be performed;

b) Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees;

c) Claims for damages because of bodily injury, sickness or disease, or death of any person other than the contractor's employees;

d) Claims for damages insured by usual personal injury liability coverage including claims which are sustained

(1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person;

e) Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

f) Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and

g) Claims involving contractual liability insurance applicable to the Contractor's obligations in the A.I.A.

General Conditions.

The required Contractor's Liability Insurance shall be written for limits of not less than $100,000 per person, $300,000 per occurrence. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of work until date of final payment and termination of any coverage required to be maintained after final payment. The required insurance shall include contractual liability insurance applicable to the contractor's obligations in the A.I.A. General Conditions, and coverage for the " XCU" exposure.

Worker's Compensation - The Contractor shall secure and maintain for the life of this Agreement, valid Worker's

Compensation Insurance as required by chapter 440, Florida Statutes.

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Automobile Liability - The Contractor shall secure and maintain, during the life of this Agreement, Automobile Liability insurance on all vehicles against bodily injury and property damage in at least the amount of $100,000.00 per person, $300,000.00 per occurrence.

Certificates of Insurance - The Contractor shall file with the University Certificates of Insurance acceptable to the

University prior to the commencement of work. These Certificates and the insurance policies which are required shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the University. If any of the foregoing insurance coverages are required to remain in force after final payment an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2, A.I.A.

General Conditions. The Contractor shall furnish one copy of the Certificate of Insurance which shall be dated and show the name of the insured Contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date.

Property Insurance - The Contractor shall purchase and maintain from a company or companies lawfully authorized to do business in Florida, property insurance, written on a Builder's Risk completed value form, in the amount of the initial contract sum, as well as, subsequent modifications for the entire work at the site on a replacement cost basis.