Natural_Athletic_Field_Construction_(Addendum_#2_Revision).pdf

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2024-A-59

NATURAL ATHLETIC FIELD CONSTRUCTION

City of Apopka

120 E Main St.

Apopka, FL 32703

RELEASE DATE: June 16, 2024

DEADLINE FOR QUESTIONS: July 21, 2024

RESPONSE DEADLINE: July 26, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/apopka https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Apopka undefined

Natural Athletic Field Construction

I. Introduction II. Instruction to Bidders

III. Scope of Work IV. Special Provisions V. Qualifications

VI. Insurance VII. Terms and Conditions

VIII. Vendor Response IX. Pricing Proposal undefined #2024-A-59 Title: Natural Athletic Field Construction

1. Introduction

1.1. Summary

The Apopka Parks and Recreation Department is in search of a vendor to install new or rebuild/repair natural turf fields (soccer/football/multipurpose, baseball, softball) at various City parks, including the

Northwest Recreation Complex at 3710 Jason Dwelley Parkway, Apopka, FL 32712.

1.2. Background

The Apopka Parks and Recreation Department is looking to develop new athletic fields at the Northwest

Recreation Complex, and other various parks in the city of Apopka. The Northwest Recreation Complex is a 272+ acre sports complex that features twelve diamond sport fields, 16 rectangular sport fields, basketball courts, tennis courts, sand volleyball courts, and 1300+ seat amphitheater. The park property has remaining undeveloped acreage that is planned for athletic field development over a multi-year period.

1.3. Contact Information

Radley Williams

Parks and Recreation Director

3710 Jason Dwelley Parkway

Apopka, FL 32712

Email: rwilliams@apopka.net

Phone: (407) 703-1641

Department:

Parks and Recreation

1.4. Timeline

Date Issued & Advertised June 16, 2024

Inquiry Deadline July 21, 2024, 11:30pm

E-Bid Submittal Deadline July 26, 2024, 3:00pm mailto:rwilliams@apopka.net tel:(407)703-1641

Bid Opening July 26, 2024, 3:15pm

Zoom video conference and in the Edward Bass

City Administrator Located at City Hall (120 E. Main

St., Apopka, FL 32703

Join Zoom Meeting:

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Meeting ID: 864 9199 2552

Passcode: 627930

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Tentative City Council Approval August 21, 2024

2. Instruction to Bidders

It is expressly understood that no work/purchase will begin until the City Council has provided approval and a signed Purchase Order is issued to the selected Supplier/Contractor.

This ITB is subject to the “Cone of Silence” imposing certain restrictions on communications concerning the ITB process as described in the specifications of the ITB Package.

2.1. Purpose

To obtain bids in regards to Natural Athletic Field Construction, the selected contractor must be licensed to do business in the State of Florida and perform under the laws of the State of Florida. The City intends to enter into an agreement with the lowest qualified firm.

The City in its sole discretion, reserves the right to reject any and all proposals, accept any proposal or any combination of proposals or waive any minor irregularity or technicality in proposals received and may, at its sole discretion, request a re-proposal, when in its sole judgment, it will best serve public interest. Additional Governmental Agencies/Entities may utilize this contract upon suppliers’ acceptance.

2.2. Bid Submission

Firms interested in responding may download an Invitation to Bid (ITB) package from the City’s e-

Procurement Portal, OpenGov https://procurement.opengov.com/portal/apopka.

Submittals must be received electronically via the City’s e-Procurement Portal, OpenGov, no later than

Friday, July 26, 2024 at 3:00 pm. It is the sole responsibility of the bidder to ensure that his or her bid is submitted in a timely manner. Instructions to address free registration with OpenGov and how to submit an electronic response will be posted within the bid documents.

In accordance with the Americans with Disabilities Act (ADA), persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office at 120 East

Main Street, Apopka FL 32703, Telephone: 407-703-1704, no less than 48 hours prior to the proceeding.

2.3. Inquiries

All questions related to this ITB shall be submitted in writing through the OpenGov Question/Answer

Tab via the City's e-Procurement portal, on or before, Sunday, July 21, 2024 by 11:30 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to proposers following this solicitation on the City's e-Procurement Portal.

Requests for clarifications received after the deadline will not be accepted https://procurement.opengov.com/portal/apopka

2.4. Addenda

Addenda Notification: Bidders are required to register for an account via the District’s e-Procurement

Portal hosted by OpenGov. Once bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/apopka.

2.5. Withdrawal

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

2.6. Pre-Bid Meeting

There will not be a pre-bid meeting for this project; the location is public and available for a walk thru at the convenience of those interested in submitting a bid.

2.7. Public Opening

The names of respondents will be publicly read into the record on bid opening date listed in the timeline. A zoom link can be found in the timeline.

A tabulation will also be posted in the e-Procurement Portal on and forwarded to all those registered as following the project.

2.8. Bond Requirement & Performance Bond

Bond Requirement Payment & Performance bond in the amount of 100% of the total bid price within fifteen (15) days from the date of notification of award. Before submitting a Bid, each Bidder must examine the Contract Documents thoroughly, visit the site to familiarize themselves with local conditions that may in any manner affect cost, progress or performance of the Work, familiarize themselves with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work; and study and carefully correlate Bidder's observations with the Contract Documents.

2.9. Award

Recommendation of award, or rejection of all submittals if applicable, will be presented to the City

Council for approval for the lowest qualifying Bid within one hundred and twenty (120) calendar days from the date of opening of submittals.

https://procurement.opengov.com/portal/apopka

3. Scope of Work

3.1. Term of Contract

• This is a multiyear contract (one (1) year with four (4) one-year renewals.

• This project will include multiple phases of new field construction/renovation at various locations and sites throughout the city.

• The City reserves the right to award multiple Contractors. The lowest, responsive and responsible Contractor(s) meeting the specifications shall be awarded a contract.

• Projects shall be awarded on a project basis to the lowest qualified Contractor(s) via a Secondary Quoting Process: The City will issue a Secondary Quoting Process and issue a document to the awarded Contractor(s) outlining the specifics for each project and scope of work (as defined below in section 3.3).

3.2. Scope of Work

It is the intention of the City of Apopka to establish an annual contract with highly qualified Contractor(s) for Natural Sport Surfaces, Installation and Related Materials. Contractor(s) shall provide these covered services under the terms of this ITB and the Contract Terms and Conditions. Contractor shall assist the

City of Apopka with making a determination of its individual needs, as stated below.

The Contractor shall furnish all necessary labor, materials, tools, supplies, equipment, transportation, supervision, management and shall perform all operations necessary and required for construction work.

All work shall be performed in accordance with the requirements set forth in the resulting contract and each mutually agreed upon work request or purchase order issued by the City of Apopka. The City of

Apopka intends to enter into Natural Sport Surfaces, Installation and Related Materials Contract(s) for the construction, maintenance, repair, and alteration services related to sport surfaces.

Regular work hours will be considered to be 7am to 5pm local time unless otherwise agreed by the City of Apopka. A schedule for performance of work that can be met without planned overtime is the responsibility of the Contractor, unless otherwise requested by the owner.

Items to be included in the Secondary Quoting process, see Section 3.3 below:

• Safety/Environmental Plan

• Quality Assurance (QA)/Quality Control (QC) Program

• Subcontracting Plan and/or explanation of applicable affiliate relationships

PRODUCT PERFORMANCE MINIMUM REQUIREMENTS

All natural sports surface systems must meet the regulatory requirements of the International Building

Code, and any/all applicable state and local building codes. The Contractor awarded a contract will comply with the latest, most stringent industry-standard construction details. Any deviations, such as the use of proprietary designs of the Contractor or special construction for regional climatic conditions, must be identified and explicitly agreed to by the City of Apopka.

CONSTRUCTION PROCESSES AND METHODS OF NATURAL GRASS ATHLETIC FIELDS

• Base Grading: Site is to be prepared at plus or minus one (1) inch of subgrade consistency.

• Material Selection: Variance may apply due to region of the site and client request

• Subsurface Drainage: Layout and materials to include the most current industry standards.

Design and material options differ depending on site, use, and preference.

• Irrigation Installation: Layout and design to include most current industry standards and functionality

• Root Zone Selection: With various options of top soil and sand available, the selection must be approved by the City of Apopka.

• Grass Selection: Certified sand based sod, sod sprigs, and in certain circumstances seed are viable options. All varieties of turf grass used and selected must be certified by the governing body of that industry and approved by the City of Apopka.

• Grass Establishment: Immediate turn over to the owner with a required grow in period of no less than one year by Contractor.

Base Grading:

• Native soil fields high in silt and clay are not suitable for intensive use because they provide poor drainage and easily compact during use. Therefore, native soil will likely have to be excavated from the site. If topography permits, sand can be placed directly on the surface without excavation after level grading at a considerably reduced cost. If excavation is necessary, it should be performed so that the finished grade at time of planting conforms to the sidelines or track area. Optimum grading depth for high-quality fields should be 16 inches. This depth will be replaced with 4 inches of base material pit-run gravel) and then 12 inches of sand. Drain tiles are typically trenched into the subsoil at the bottom of this grading depth. Bases should be graded flat, or have a crown of 6 inches from the center to the sidelines.

• Although a 16-inch depth is optimum, it is possible to build a functional field with a 12-inch layer of sand and no fine gravel base; however, as in the design described above, drain tiles should be set another 4 inches down into the subsoil. The drain lines are trenched and the drains should be covered with fine gravel or coarse sand material before the sand is installed.

Material Selection:

• “Base material” here is defined as sand or pit-run gravel (naturally occurring deposits of sand and gravel) placed over the drain lines and the graded sub-base. This material should drain rapidly to facilitate faster movement of water to all drain lines. If ample quantities of low-cost sand are available, the entire profile could be made up of sand to the grass surface. Base materials can include pit-run gravel with a maximum of 2 to 3 percent total silt and clay. Other materials may include pea gravel or coarse sand, with particles ranging from No. 8 to No. ⅜ Screen. Never put fine sand or soil over coarse gravel or allow any similar abrupt profile changes. Saturated zones will occur at these interfaces. Try to maintain textural uniformity in the profile.

• The depth of base material can vary from 4 to 12 inches. Carefully deposit base material over the field to avoid disruption of the base grades and to prevent damage to the drainage lines.

During installation, never run wheeled equipment across drainage lines. The base material can be brought to grade with light, tack-type equipment or light grading equipment. Normal grading operations can be used to bring the field to grade, but never heavily compact the base material.

Subsurface Drainage:

• Installation of drainage lines is necessary when water tables are too close to the surface and must be lowered. Drainage should also be installed when subsoils are impermeable or so slowly permeable that turf grass root zones remain saturated for extended periods. Subsoils that are moderately permeable (1/2 inch per hour or greater) do not require extensive drainage installation. A standard percolation test conducted at about 30 inches deep will help determine the need for drainage lines.

• When drainage is necessary, install drain lines on 15-foot centers arranged longitudinally on the field. This spacing will allow free movement of vehicles during the construction process and will facilitate rapid water movement into the drain lines.

• Install drain lines 16 to 24 inches below the grassed surface at a 1- to 2-percent minimum grade. Drainage trenches should be 6 to 8 inches wide and should be dug with laser-controlled machines. This will ensure the proper grade and depth of drain lines. Drainage trenches should be dug with a wheel ditcher with a cleaning shoe, which leaves a V-shaped, clean, and graded trench bottom. If other types of trenchers are used, the contractor should cut a level (flat) bottom and excavate 2 inches deeper than the required invert elevations and place 1/8-inch minus to

5/16-inch minus pea gravel 2 inches deep, leveled to grade for placement of the drain lines.

• Try to select trenchers that will place the base material into a truck or trailer, or as far away from the trench as possible for easier removal and to prevent it from falling back into the trenches. Remove from the site all material dug from the base or uniformly spread it over the area if it does not interfere with the final base grades.

• Drain lines can be placed longitudinally from end to end on naturally sloping terrain or crowned fields but this is not practical on flat terrain.

• The herringbone method is a typical alternative to longitudinally oriented drain lines. Typically, the field should be divided from the center and trenched in each direction, reducing the length of run in half. Since a perimeter drain should be installed around the football field to facilitate drainage of both the field and the running track, these longitudinal drain lines can be coupled with the perimeter drain and discharged into storm sewers or other suitable sites. Some drainage lines are manufactured with slits 360 degrees around the tubing and some are drilled with holes only on one side at 45- degree angles. In the latter case, always place the holes downward.

During installation, attempt to keep soil off the drain lines and trenches. Carefully cap blind ends and properly connect and tape all joints to prevent entrance of soil material or animals.

• Drainage lines spaced on 15-foot centers should be installed with 3- or 4-inch, semi-rigid drainage tubes with slits or drilled holes to facilitate inflow of water. After the drain lines are in place, backfill trenches with pea gravel (1/8 to 5/16 inch) or coarse sand to a depth of 2 to 4 inches over the top of the drain tubing to avoid migration of fine sand particles into the drain line, causing clogging of the drains.

• Extend drainage lines through the end zones to tie in with the perimeter drains near the running track. The drainage line surrounding the running track will intercept all field drains and should be 6 inches in diameter. Install catch basins around the perimeter of the field over the 6-inch drain at strategic locations for rapid evacuation of water from running tracks. About 8,000 feet of drain lines will be needed for fields like this. It may be possible to also install irrigation lines in the drain line trenches. This should be discussed with an irrigation engineer.

Irrigation Installation:

• Irrigation is essential on sand-based fields. Determine availability of adequate irrigation water throughout the year at an early stage while planning the installation of an athletic field.

Irrigation systems should be designed and installed by competent irrigation specialists. Sand fields cannot achieve their maximum usefulness without systems to irrigate the field during dry periods.

• Automatic irrigation systems with safety pop-up heads are best for sand-based athletic fields. Irrigation water can be more carefully controlled from this type of system. Install irrigation heads at a grade somewhat higher than the finished surface; after the soil has settled and the grass has become well established, these heads can be lowered to their proper final height.

• The City requests the Contractor utilize Rain Bird brass irrigation valves and Hunter I25 irrigation heads for all irrigation installs on natural grass athletic fields.

3.3. Secondary Quoting

Substantial final and Total Days will be assigned per project

The City of Apopka reserves the right to obtain quotes from all qualified Contractor(s) who are awarded a contract from this Bid. As a part of the secondary quoting process, the City will issue a document outlining the specifications for each project and a scope of work for quoting purposes.

Through the secondary quoting process the Contractor will submit a Not to Exceed (NTE) "lump sum" amount that is inclusive of any and all costs associated with the satisfactorily completion of the scope of work issued in the secondary quote document and any subsequent addendums to the scope of work, and must comply within the scheduled time frames as outlined. Prices offered shall not exceed the prices offered in this bid for a minimum of one (1) year.

Secondary Quote Price Reduction: Contractor(s) may quote the same products as bid or at a lower price or reduced bid price of the product(s) for each project. The lowest, responsive and responsible

Contractor meeting the specifications and timelines shall be awarded the project.

The City reserves the right to request additional itemized supporting documentation for materials, labor, equipment and subcontracting as deemed necessary to complete the scope of work or if only one response was received.

The Firm must provide an invoice NTE the lump sum quote upon completion of all work and provide any requested additional supporting documentation.

BOND REQUIREMENTS: PERFORMANCE & PAYMENT

Bond Requirement Payment & Performance bond in the amount of 100% of the total bid price within fifteen (15) days from the date of notification of award. Before submitting a Bid, each Bidder must examine the Contract Documents thoroughly, visit the site to familiarize themselves with local conditions that may in any manner affect cost, progress or performance of the Work, familiarize themselves with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work; and study and carefully correlate Bidder's observations with the Contract Documents.

SAFETY/ENVIRONMENTAL PLAN

The Contractor shall submit a detailed safety plan with their quote submittal. It should specifically address how the Contractor will implement this plan with the subcontractors. The safety plan will need to address OSHA compliance, environmental compliance, drug testing, trend analysis, and noncompliance corrective action. It should also state whether a safety officer will interact with the City of Apopka staff and management of safety and environmental issues while working in occupied areas. If awarded, the Safety/Environmental Plan must be submitted within fifteen (15) days of each assignment.

QUALITY ASSURANCE (QA)/QUALITY CONTROL (QC) PROGRAM

The Contractor shall submit a QA/QC plan within with their submittal. This plan shall detail the day to day surveillance of work and provide documentation of deficiencies and corrective actions. It should note subcontractor compliance issues and trend analysis and how inspectors will interface and work with both the subcontractors and the City of Apopka staff. If awarded, the Quality Assurance/Quality

Control Plan must be submitted within fifteen (15) days of each assignment.

SUBCONTRACTING PLAN AND/OR EXPLANATION OF APPLICABLE AFFILIATE RELATIONSHIPS

The Contractor shall submit a subcontracting plan with their submittal. This plan will explain the subcontracting procedures providing assurances that the subcontractors meet the same high standards as the Contractor. This will include a subcontractors log, subcontractor qualification form, felony conviction notice and child and sex offender notice. This plan will also address how the Contractor will implement the safety plan with subcontractors (may reference the Contractor's safety plan). The subcontractors will be held to the same standards as the primary Contractor. If awarded, the

Subcontracting Plan and/or explanation of applicable affiliate relationship plan must be submitted within fifteen (15) days of each assignment.

TRENCH SAFETY ACT (IF APPLICABLE):

The Contractor shall comply with the applicable Trench Safety Standards and shall submit the Trench

Safety Act Form for each project (if applicable). Please see image of form below.

3.4. Liquidated Damages

Per Calendar Day: $500

Bidder must agree to commence work on date to be specified in a written "Notice to Proceed" of the

City and to fully complete the project within the consecutive calendar days indicated under the scope of work thereafter. Bidder must agree also to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions.

4. Special Provisions

4.1. Standard Specifications

The project shall be constructed in accordance with these specifications and the City of Apopka Utilities

Design and Construction Standards Manual – 2016 Edition.

4.2. Material and Equipment

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items.

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by

Contractor and consideration by Engineer is set forth in the agreement.

4.3. Laboratory Testing

A. Cost of all required laboratory testing, except the soil cement mix design, shall be borne by the

City. The cost of all retesting due to defective materials or construction shall be borne by the

Contractor.

B. Owner will make available to the Contractor one copy of any and all laboratory testing performed by the Owner and or Engineer as part of this project's design.

4.4. Cooperation with Others

A. The Contractor shall cooperate with the owners of any underground or overhead utilities in their removal and rearrangement operations, in order that these operations may progress in a reasonable manner and that service rendered by these parties will not be interrupted.

B. Contractor shall schedule his work in such a manner as to maintain access for homes & businesses.

4.5. Method of Measurement

All measurement for payment will be based on the completed work performed in strict accordance with the drawings and specifications. All work completed under this contract shall be measured by the

Contractor or his representatives in the presence of the Engineer or his representative.

4.6. Notification to and Coordination with Utility Companies

The excavators shall comply with FL 77-153 regarding notification of existing gas and oil pipeline company owners. During the period of this contract, it shall be the Contractor's responsibility to coordinate all utility adjustments necessary for the completion of the project.

4.7. Subsurface Investigations

The Contractor shall be responsible for having determined to his satisfaction, prior to the submission of his bid, the nature of the work, the conformation of the ground, the character and quality of the nature of the groundwater conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work.

4.8. Clean-Up

Upon completion of construction of all facilities, the entire construction area shall be cleaned up and all trash, debris and excess material must be hauled away and disposed of to the satisfaction of the City.

4.9. Permits, Licenses & Notices

The Contractor shall procure all permits and licenses required by Contract Documents. The Contractor shall give all notice necessary and incidental to the due and lawful prosecution of the work. The

Contractor shall submit all necessary permitting requirements; however, any City of Apopka permitting fees will be waived.

4.10. Use of Public Roads & Streets

The use of public roads and streets shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or excavated material spilled from trucks shall be removed by the

Contractor and the street cleaned to the satisfaction of the Owner. Contractor shall be responsible for any and all damage to existing facilities whether caused by themselves or their subcontractor. It is highly recommended that Contractor notify all subcontractors of this liability in an effort to prevent or minimize damage.

4.11. Care of Trees, Shrubs & Grass

The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees and shrubs beyond the grading limits of this Contract. Where maintained shrubbery or grassed strips must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the work, replace or restore to the original condition, all destroyed or damaged shrubbery or grass. Tree limbs which interfere with equipment operation and are approved for pruning, shall be neatly trimmed.

4.12. Damage to Existing Structures & Utilities

The Contractor shall be responsible for any damage to pavement beyond the limits of this contract, buildings, telephone, power or other cables, water pipes, storm sewer facilities, sanitary pipe, gas lines, or other structures which may be encountered whether or not shown on the Drawings.

4.13. Record Drawings

After completion of the work and with final pay request, the Contractor shall submit to the Engineer one set of "Record Drawings." These drawings shall show the location of all structures and pipe including inverts and centerline and edge of pavements every 50 feet. Plans shall be signed by a professional surveyor licensed to do business in Florida. After completion of the work and with final payment, the

Contractor shall submit to the Engineer/Owner one set of Record Drawings including an AutoCAD file

(release 2013 or later).

4.14. Use of Explosives

No blasting shall be done except upon approval by the City and the governmental agency or political subdivision having jurisdiction. When the use of explosives is approved by the City as necessary for the execution of the work, the Contractor shall use the utmost care so as not to endanger life or property, and assume responsibility for any such damage resulting from his blasting operations, and whenever explosives shall be stored in a secure manner and all such storage places shall be marked clearly

"DANGEROUS EXPLOSIVES" and shall be in the care of competent watchmen. All permits required for the use of explosives shall be obtained by the Contractor at his expense. All requirements of the governmental agency issuing permits shall be observed.

4.15. Weekly Progress Schedule

Weekly progress schedule shall include the necessary manpower and equipment required to maintain the projected progress schedule. Should the Contractor fail to maintain the progress schedule he has provided to the City and is unable to recover prior to the next pay requisition, the City may elect to withhold a portion of or all of the following payments until such time that the Contractor has recovered his loss time. The City may request the Contractor to submit a revised schedule with evidence, by means of additional manpower and equipment, displaying his intentions to make up for the loss of time. If the

City agrees and believes that the Contractor will recover, the City may elect to continue with the monthly payments.

4.16. Storing of Equipment & Material

The Contractor shall discuss and obtain approval from the City for any area outside the limits of construction that may be impacted by his work. This shall include any areas necessary for the staging, storing and delivery of equipment and material. In addition, the Contractor shall discuss and obtain approval from the City for the selection of the best delivery routes to the construction site.

4.17. Existing Underground Utilities

Contractor shall take the necessary steps to explore or otherwise verify and confirm location of underground pipes utilities & structures for any necessary areas outlined in the project before excavation.

5. Qualifications

5.1. Qualification Requirements

In order for the Owner to obtain the best quality of work in a reasonable period of time, the Owner reserves the right to reject bids from Contractors who are unable to meet the following requirements.

A. Contractor must have been incorporated, organized, and/or established for a period of at least three (3) years.

B. License requirement: When applicable a General Contractor and Certified Underground Utility

& Excavation Contractor, certified in the State of Florida by the Department of Business and

Professional Regulations (DBPR).

C. The General Contractor OR the license holder OR the project manager, must have successfully constructed, as the prime contractor or as an employee of the prime contractor, at least three

(3) projects similar in scope to this project within the last three (3) years. If qualifying via license holder or project manager please fill out an additional experience form (one for the Contractor and one for the license holder and/or project manager).

D. Contractor must provide good recommendations from at least three (3) clients similar to the

Owner. If the Contractor is qualifying via license holder or project manager experience via (c) above, then Contractor must provide three (3) good recommendations from at least three (3) clients similar to Owner for license holder and/or project manager using the same reference form attached.

E. The City may conduct such investigations as it deems necessary to assist in the evaluation of any

Bid and to establish the financial capability of the bidder and their proposed sub-contractors.

Prior to award of a contract, the City reserves the right to request financial information from the

Successful Bidder to assist in further review of that Bidder’s qualifications and capabilities and to verify whether the Bidder has adequate financial capacity to meet the requirements of the

Invitation to Bid. Financial information provided shall be for the current and previous two years, to include, but not be limited to a financial statement prepared by a Certified Public Accountant

(i.e., balance sheet and income and cash flow statements) or a Supplier Qualifier Report prepared by Dun & Bradstreet.

F. Contractor must be able to provide evidence of its ability and legal authorization to conduct business in the jurisdiction in which the project is located.

6. Insurance

6.1. General Description

The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker’s compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting therefrom, any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater.

The Contractor shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor’s work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others.

The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies which contain the following information and provisions:

A. Insurers must have an AM Rating or A or better;

B. The name and type of policy and coverages provided;

C. The amount or limit applicable to each coverage provided;

D. The date of expiration of coverage;

E. The designation of the City of Apopka, Florida and Engineer as additional insureds and certificate holders. (This requirement shall not apply to the Worker’s Compensation Insurance.); Certificate

Holder: City of Apopka, 120 E. Main Street, Apopka, FL 32703

F. The following clause must appear on the Certificate of Insurance:

“Cancellation - should any of the above described policies be canceled before the stated expiration date thereof, insurer will not cancel same until at least thirty (30) days prior written notice (by certified mail) has been given to the below named certificate holder. This prior notice provision is a part of each of the described policies.”

G. Primary and Non-contributory language required: Insurance coverages procured by the

Contractor as required herein, including but not limited to any excess and/or umbrella coverages, shall be considered, and the Contractor agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self–insurance, available to the City, and that any other insurance, or self-insurance available to the City shall be considered secondary to, or in excess of, the insurance coverage(s) procured by the Contractor as required herein.

Each Certificate of Insurance shall be accompanied by documentation that is acceptable to the Owner establishing that the insurance agent and/or agency issuing the Certificate of Insurance has been duly authorized, in writing, to do so by and on behalf of the insurance company underwriting the insurance coverage(s) indicated on each Certificate of Insurance.

If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the

Work or termination of the Agreement, the Contractor shall furnish to the Owner, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement.

If Owner has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor in accordance with the requirements of the Contract

Documents on the basis of its not complying with the Contract Documents, Owner shall notify

Contractor in writing. Contractor shall provide to the Owner such additional information with respect to its insurance as may be requested.

6.2. Schedule:

The Contractor shall obtain and maintain the following insurance coverages as provided hereinbefore, and in the type, amounts and in conformance with the following minimum requirements:

A. Workers Compensation; Statutory

B. Employers Liability;

1. $1,000,000 Each Accident

2. $1,000,000 Per Person - Disease

3. $1,000,000 Aggregate - Disease

C. General Liability;

1. $1,000,000 Each Occurrence

2. $100,000 Damage to Rented Premises

3. $1,000,000 Personal Injury and Advertising

4. $2,000,000 General Aggregate

5. $1,000,000 Products/Completed Operations Aggregate

6. $10,000 Medical Payments

D. Business Automobile Liability;

1. $1,000,000 Combined Single Limit

6.3. Pollution Liability Insurance:

Pollution Legal/Environmental Legal Liability Insurance for pollution losses arising from all services performed to comply with this contract. Coverage shall apply to sudden and gradual pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in Bodily Injury or Property

Damage. If policy is written on a Claims Made form, a retroactive date is required, and coverage must be maintained for three (3) years after completion of contract or “tail” coverage must be purchased.

Coverage should include and be for the least minimum limits listed below:

A. Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed;

B. Defense including costs, charges, and expenses incurred in the investigation, adjustment or defense of claims for such compensation damages.

C. Cost of Cleanup/Remediation.

Limits

Per Claim or Occurrence: $2,000,000

General Aggregate: $2,000,000

For acceptance of Pollution Legal/Environmental Legal Liability coverage included within another policy required herein, a statement notifying the certificate holder must be included on the certificate of insurance and the total amount of said coverage per occurrence must be greater than or equal to the amount of Pollution Legal/Environmental Legal Liability and other coverage combined.

6.4. Insurance - Form of Coverage:

Industry Standard:

General Liability: Insurance Services Office form CG0001 (12/04) or equivalent

Business Auto: Insurance Services Office form CA0001 (03/06) or equivalent

6.5. Insurance - Special Provisions:

All tools and equipment owned by the contractor/subcontractor are the responsibility of the owner of the equipment. The City is held harmless for loss of any kind.

A. Additional Insured on all policies (excluding workers compensation): City of Apopka, its employees, agents and any representatives shall be named as additional insured (including

Products & Completed Operations).

B. Waiver of Subrogation on all policy lines: Workers Compensation and General Liability policies shall contain a Waiver of Subrogation in favor of and naming: City of Apopka, its employees, agents, and any representatives.

C. General Liability policy will include “Per Project Aggregate” endorsement.

7. Terms and Conditions

7.1. Contract Period:

The contract resulting from this Solicitation shall be a term contract for the time period specified herein.

The number of days within which, or the date by which, the work is to be completed (the contract time). See the details provided under Section 3. Scope of Work.

7.2. Incurred Expenses:

The City is not responsible for any expenses which persons making submittals may incur in preparing and submitting their qualifications or in participating in the ITB solicitation, selection and negotiation process.

7.3. Certification of Independent Price Determination

By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement:

• The prices in this bid 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.

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

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

7.4. Acknowledgement:

By making a submittal, the respondent certifies that they have fully read and understand the invitation to bid and have full knowledge of the nature of services which may be required and of the requirements of the ITB process and agree to abide by such process and City’s decisions made therein.

7.5. Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all respondents should be aware that the Invitation

To Bid and the responses are in public domain. However, the respondents are requested to identify specifically any information contained in their submittals which they consider confidential and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

All proposals received from respondents in response to this Invitation To Bid will become the property of the City of Apopka and will not be returned to the respondents. In the event of award, all documentation produced as part of the purchase will become the exclusive property of the City, unless otherwise specified.

https://procurement.opengov.com/portal/apopka/projects/93684/document?section=848945

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CITY CLERK AT 407-703-1704,sbone@apopka.net and

120 EAST MAIN STREET, APOPKA, FL 32704-1229.

7.6. Conflict of Interest

The award is subject to provisions of applicable State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of

Apopka. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the bidder's firm or any of its branches. Should the awarded bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the bidder prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the City.

7.7. Legal Requirements

Federal, State, City and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. Vendors doing business with the City of Apopka are prohibited from discriminating against any employee, applicant or client because of race, religion, color, disability, national origin, gender or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. EEO STATEMENT: The City of Apopka is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, handicap, age and gender.

7.8. Contractual Agreement

The Bid Document shall be included and incorporated in the final contract or purchase order. Any and all legal actions associated with this Bid Document and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the

Circuit Court in and for Orange County, Florida.

7.9. No Assignment of Contract

The vendor may not make any assignment of the contractual agreement between the parties, in whole or in part, without prior written authorization as may be given by the City of Apopka, at its sole discretion. No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent.

7.10. Uniform Commercial Code

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded vendor/contractor and the City of Apopka for any terms and conditions not specifically stated in this Bid Document.

mailto:sbone@apopka.net

7.11. Mistakes

In the event of extension error(s), the unit price will prevail and the bidder's total offer will be corrected accordingly. Bidders must check their bid proposal where applicable. Failure to do so will be at the bidder's risk. Bids having erasures or corrections must be initialed in ink by the bidder (in the event that pricing is requested via upload rather than by electronic submittal).

7.12. Price & Delivery

Price(s) quoted must be the price(s) for new merchandise. Any bids containing modifying or "escalator" clauses will not be considered unless specifically requested in the bid specifications. Deliveries resulting from this bid are to be made on or before bidders specified delivery date and during the normal working hours of the City of Apopka. Time is of the essence and the bidder's delivery date must be specified and adhered to. Should the bidder, to whom the order or contract is awarded, fail to deliver on or before his/her stated date, the City of Apopka reserves the right to CANCEL the order or contract. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays, unless otherwise specified and incorporated into contract document. The delivery location shall be within the designated areas identified by the City of Apopka. It is hereby understood and mutually agreed to by and between parties hereto that the time of delivery is an essential condition of this contract.

7.13. As Specified

All items delivered must meet the specifications herein. Items delivered not as specified will be returned at no expense to the City of Apopka. The City may return, for full credit, any unused items received which fail to meet the City's performance standards.

7.14. Brand Name or Equals/Deviations

Unless otherwise specified, the mention of a particular manufacturer's brand name or number in the specifications does not imply that this particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. Equal offers will be considered and must include descriptive literature and/or specifications.

Failure to provide descriptive literature and/or specifications with equal offers will result in the disqualification of the bid. The determination as to whether any alternate product or service is or is not equal shall be made solely by the City of Apopka and such determination shall be final and binding upon all bidders. The City of Apopka reserves the right to request and review additional information to make such a determination or samples of any product for demonstration shall be furnished upon request for a quality test or comparison without cost to the City of Apopka.