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Item 08 Approval to Award Invitation to Bid #19-003 Ocoee Lakefront Park Phase 1 in the Amount of $2,724,956.00
ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 15, 2019 Item # Reviewed By: Contact Name: Joyce Tolbert/Vanessa Department Director: \ _ Anthony et Contact Number: 1516 City Manager: j Subject: Award of Invitation to Bid 19-003 Ocoee Lakefront Park Phase Background Summary: In conformance with the policies and procedures of the City of Ocoee (City) and Florida Statutes, bids were solicited from qualified contractors to construct the Ocoee Lakefront Park Phase 1. All work for the project shall be constructed in accordance with the drawings and specifications prepared by S&ME. Bids include all items necessary for the furnishing, delivering, and installing of all materials, equipment, incidentals, and services, with the work more generally described as the following: Phase 1 of the Lakefront Park Improvements Project includes 9 elements: (1) West Parking Lot (both sides of the City Hall driveway); (2) Lakeshore Center South Parking Lot; (3) Stormwater treatment system (under South Parking Lot); (4) Reconstruction of Oakland Avenue; (5) Sidewalks and lighting in Bill Breeze Field (area between Lakeshore Center and Lakeshore Drive); (6) Reconstruction of Lakeshore Drive parking area; (7) Restroom/Concession Building and surrounding improvements at Starke Lake; (8) Withers-Maguire House wedding garden; and (9) Landscaping, irrigation, and fountain (includes relocation of the POWR Park). The bid was publicly advertised on October 14, 2018, and opened on November 13, 2018. A pre-bid conference was held on October 23, 2018. The City received six (6) bids for this project, ranging from $3,361,800.00 to $4,980,628.52. The bids are available in the Finance Department for review. The Support Service and Finance departments reviewed the bids and all were considered responsive. Staff recommends awarding the bid to MARBEK Construction Co. as the most responsive and responsible bidder, per the attached recommendation from Al Butler, Support Services Director. The table below is a listing of the bids received: Bidder Total Bid 1. MARBEK Construction Co. $3,361,800.00 Reduced to $2,724.956.00 2. Odyssey International Inc. dba $3,540,000.00 Odyssey Global 3. Oelrich Construction, Inc. $3,851,400.00 4. Pooley Enterprises, Inc. $3,948,117.00 5. Wharton-Smith $4,251,758.00 6. Atlantic Civil $4,980,628.52 Due to widespread cost increases since the construction budget was established, all bids received were substantially higher than the available funds. The low bid from MARBEK Construction Co. was $3,361,800.00. The highest of the six bids received was $4,980,628.52. Negotiations were initiated with the low bid firm, who was receptive to a reduction in scope due to over budget in order to proceed with the award process. It was ultimately decided that the best course of action was to delay the construction of the Restroom/Concession Building and other improvements on the lakeshore until Phase 3, when other lakefront improvements are scheduled. (This phase is not presently funded.) This deletion reduced the total cost by $636,844.00. The cost of the remaining eight project elements is $2,724,956.00. It was determined that the cost of stormwater facilities was eligible for Stormwater Utility funding of$300,000, which lowered the additional budget needed from the General Fund to $424,956. This additional budget was found through a reallocation of existing budgeted funds. Issue: Should the City Commission award the bid for the Ocoee Lakefront Park Phase 1, as recommended by the Suppoi Services Director? Recommendations: Staff recommends that the City Commission Award ITB #19-003 for construction of the Ocoee Lakefront Park Phase 1 to MARBEK Construction Co. in the amount of $2,724,956 and authorize the Mayor, City Clerk, and Staff to execute the required contract documents once the required bonds and insurance are received. Staff also recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. Attachments: 1. ITB 19-003 2. Award Recommendation from Support Services Director 3. MARBEK Construction Co. Bid 4. Bid Tabulation 5. Schedule of Values 6. Addendum#1 7. Plans Cover Sheet Financial Impact: The total project budget is $2,774,956 with $2,050,000 coming from the existing project budget, $300,000 from Stormwater Utility, and $424,956 from other General Fund budget. Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading ( Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 Mayor Commissioners Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 City ManagerRichard Firstner, District 3 Robert Frank George Oliver III, District 4 Ocoee florida CITY OF OCOEE INVITATION TO BID ITB 19003 LAKEFRONT PARK IMPROVEMENTS PHASE 1 City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone:(407)905-3100•fax:(407)905-3194•www.ocoee.org TABLE OF CO T _ x FOR BID ITB 19003 "> LAKEFRONT PARK IMPROVE i�ra.Ky" jaw- 1411111111'.--- BID DOCUMENTS Section Page Legal Advertisement 4 Bid Instructions 5 - 8 General Terms& Conditions 9-20 List of Subcontractors*,p. 19 Equipment Listing*,p. 19 References/Experience*,p. 19 Summary of Litigation*,p. 20 Acknowledgement of Addenda*,p. 20 SCOPE OF WORK, BID FORM, AND PLAN SHEETS Section Page Exhibit A—Change Order Form 22-24 Payment Application Form 25-26 Exhibit B—Bid Form*Available as an Excel file on Demandstar 27-28 Exhibit C—Bid, Performance, and Payment Bond Forms 29-39 Sworn Statement on Public Entity Crimes Form* 40-42 Drug Free Workplace Certification Form* 43 Certification of Nonsegregated Facilities* 44 Conflict of Interest Disclosure Form* 45 Certification Regarding Scrutinized Companies'Form* 46 Company Information and Signature Sheet* 47 2 ITB 19003 Lakefront Park Improvements Phase 1 Contract for Construction 48-56 Exhibit D -- S &ME plans & specifications 57 *Submit with Bid End Table of Contents (Remainder of page left blank intentionally.) 3 ITB 19003 Lakefront Park Improvements Phase 1 Invitation to Bid,Legal Advertisement The City of Ocoee,Florida,(the"City")is soliciting sealed bids for the following project:ITB19001 Lakefront Park Improvements Phase 1. Bids will be received at the office of Vanessa Anthony, Purchasing Technician,Finance Department/Purchasing,Second Floor, 150 North Lakeshore Drive, Ocoee,Florida 34761 until 2:00 P.M.,local time,on November 13,2018(Tuesday).Bids received after that time will not be accepted under any circumstances. Sealed Bids that have been timely received will be publicly opened and read aloud at that time. A non-mandatory Pre-Bid Conference will be held at 10:00 A.M.,local time,on October 23,2018(Tuesday)at Ocoee City Hall, 150 N. Lakeshore Drive, Ocoee, FL 34761. Prospective bidders may secure a copy of the documents required for submitting a bid through OnvialDemandStar by accessing the City's website at http://www.ocoee.org under the "Businesses/Working with the City" section. Partial sets of the documents required for submitting a bid will not be issued.By using Onvia/DemandStar,prospective bidders will be provided with all addendums and changes to the project requirements.Membership with OnvialDemandStar is not required to submit a bid; fees may apply for non-members. Persons other than prospective bidders may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, City Clerk, October 14, 2018. 4 ITB 19003 Lakefront Park Improvements Phase 1 CITY OF OCOEE INVITATION TO BID ITB 19003 LAKEFRONT PARK IMPROVEMENTS PHASE 1 INTENT: Sealed bids for Bid ITB 19003 will be received by the City of Ocoee, hereinafter called "City" or "Owner," by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called"Bidder". The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for the Lakefront Park Improvements Phase 1, in the City of Ocoee, as listed under the "Scope of Work/Bid Form" per plans/specifications provided by S & ME section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each Bidder shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid, as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil.No erasures are permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by the person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and should be properly witnessed and attested. All bids should also include the name and business address of any person, firm, or corporation interested in the bid, either as a principal, member of a firm, or general partner. If the Bidder is a corporation, the bid should include the name and business address of each officer, director, and holder of 10%or more of the stock of such corporation. B. Any questions or concerns regarding this bid should be addressed in writing to the Finance Department/Purchasing, City of Ocoee, FL, Attention: Vanessa Anthony, Purchasing Technician (407) 905- 3100, extension 1513, or email preferred vanthony(a�ci.ocoee.fl.us , and must be received not later than 2:00 P.M. on November 6, 2018. Any clarifications/changes will be made by way of written addenda only, issued by the Finance Department/Purchasing. Bidders should not contact other City staff or other City consultants for information before the bid award date. Any contact with any other member of the City Staff, City Commission, or its agents during this time period may be grounds for disqualification. C. This bid must be received as one (1) original and two (2) copies, of the required submittals only, by the Finance Department/Purchasing not later than 2:00 P.M., local time, on November 13, 2018. Bids received by the Finance Department/Purchasing after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e-mail will not be accepted. Bids shall be delivered in a sealed envelope, clearly marked with the bid number, title, and opening date and time to: City of Ocoee Finance Department/Purchasing Attention: Vanessa Anthony, Purchasing Technician 150 N Lakeshore Drive Ocoee, FL 34761-2258 D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as possible, on the above-appointed date. Bidders or their authorized agents are invited to be present. The actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. 5 ITB 19003 Lakefront Park Improvements Phase 1 E. All Bidders shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Cashier's or Certified check or Bid Bond; b) List of References/Experience; c) List of Subcontractors/Temporary Worker Agencies; d) Equipment Listing; e) Summary of Litigation; f) Bid Form g) Conflict of Interest Disclosure Form h) Scrutinized Companies i) Certification of Nonsegregated Facilities j) Drug-Free Workplace Certification k) Sworn Statement on Public Entity Crimes 1) Any other information specifically called for in these Bid Documents. F. Submission of a bid shall constitute an acknowledgment that the Bidder has complied with Paragraph E. The failure or neglect of a Bidder to receive or examine a bid document shall in no way relieve it from any obligations under its bid or the contract. No claim for additional compensation that is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work will be allowed. All items quoted shall be in compliance with the bid documents/scope of work. G. A Pre-Bid Conference has been scheduled for this project on October 23, 2018 at 10:00 a.m. 150 N Lakeshore Dr. Ocoee, FL 34761 H. Any response by the City to a request by a prospective Bidder for clarification or correction will be made in the form of a written addendum communicated through Onvia/Demandstar issued not later than twenty-four (24) hours before bid opening. It shall be the responsibility of each prospective Bidder to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning date and time of bid opening, at any time up to the date and time set for bid opening. In this case, bids that have been received by the City prior to such an addendum being issued will be returned to the Bidder unopened. In case any Bidder fails to acknowledge receipt of any such Addendum in the space provided in the bid documents, its bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Bidders are cautioned that any other source by which a Bidder receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. I. Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of its bid: a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms,partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among Bidders; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City's judgment and sole discretion, raises doubts as to Bidder's ability to properly perform the work; or 6 ITB 19003 Lakefront Park Improvements Phase 1 e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Bidder or the rejection of its bid. J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award to provide any goods or services to a public entity, may not submit a bid on an award with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See s. 287.133(2) (a), Florida Statutes.] K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by Chapter 119, Florida Statutes, and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their bids that they consider confidential and/or proprietary and that they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically,the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. 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 AT 407- 905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761 7 ITB 19003 Lakefront Park Improvements Phase 1 No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid opening. A request for withdrawal or a modification of a bid may be submitted to the Purchasing Agent, in writing, at any time prior to the deadline for submitting bids. After expiration of the deadline for receiving bids, no bid may be withdrawn or modified. The City reserves the right to accept or reject any or all bids, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any bid, or to re-advertise for new bids. The City may accept any item or group of items of any bid, unless the Bidder qualifies its bid by specific limitations. The City may accept one or more bids if, in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Bidder which, in the City's sole discretion, is the most responsive and responsible Bidder. The City reserves the right, as an aid in determining which bid is responsible, to require a bidder to submit such additional evidence of Bidder's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all bids. (Remainder of page left blank intentionally.) 8 ITB 19003 Lakefront Park Improvements Phase 1 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by a Cashier's/Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5%) of the amount of the bid. A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. Please note that Cashier's/Certified Checks will be deposited. b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City,then such respondent shall be liable to the City in the full amount of the check or bid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required bond and required insurance coverage is to be included in the respondent's overhead and is not eligible for reimbursement as a separate cost by the City. e) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work or until the 91St day after bid opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 0 2. PERFORMANCE AND PAYMENT BONDS (Required if Project is over$200,000.00.) a) The Successful Respondent shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used. b) The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. 3. DEFAULT: As a result of bids received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other 9 ITB 19003 Lakefront Park Improvements Phase 1 provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 4. PATENT INDEMNITY: Except as otherwise provided, the successful Bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Respondent and persons employed or utilized by the Respondent in the performance of the construction contract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the bidder uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached and provided as an excel file on Demandstar, to include any alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the Scope of Work/Bid Sheet. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the bidder and the City assumes no responsibility for such costs incurred by the bidder. The Bid form may not be completed in pencil. All entries on the Bid form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Bidder to clarify an illegible entry on the Bid form. If the Bid form requires that the Bid price, or constituent portions of the Bid price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Bid form should be provided by the Bidder and be correctly computed. If there is an arithmetical conflict, between the unit price stated by the Bidder on the Bid form and the total price stated by the Bidder on the Bid form, the unit price stated by the Bidder on the Bid form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Bid form to calculate the total price, utilizing the unit prices that have been identified by the Bidder. The taking of such action by the City shall not constitute grounds for the Bidder to withdraw its bid nor shall it provide a defense constituting discharge of the bid bond. The City reserves the right, but does not assume the obligation, to waive any 10 ITB 19003 Lakefront Park Improvements Phase 1 mistake, omission, error or other irregularity that may appear on the Bid form. However, the City reserves the right to reject as non-responsive Bid forms that are incomplete or contain information that is not required. a) The Bidder represents that the article(s) to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Bidder or with any competitor; c) 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 opening, directly or indirectly to any other Bidder or to any competitor; d) 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. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); e) Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida Purchasing Division; and f) Bidder agrees that supplies/services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Bidder gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible Bidder according to the following criteria: • Compliance with scope of work, specifications,terms, and conditions • Bid price • Warranty offered • Experience with similar work • Successful reference check 11 ITB 19003 Lakefront Park Improvements Phase 1 9. LITERATURE: If required by the scope of work, or the specifications, descriptive literature/brochures shall be included with this bid in order to properly evaluate make/model offered. Bids submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: 1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or(b) applicable federal, state, or local law.No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff,whichever is earlier. 5. The Purchasing Agent, on behalf of the City, shall make a determination of the merits of the protest not later than five (5)business days after receipt of the protest. If the City denies the protest,the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. The Owner shall deduct ten (10%) retainage until the job is fifty (50%) complete. Subsequent to the fifty percent (50%) completion milestone, Owner shall reduce retainage withheld on each payment application to five (5%) retainage. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. 12 ITB 19003 Lakefront Park Improvements Phase 1 The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales &Use Tax Exemption Certificate No. 85-8013779974C-0; and • Pursuant to Chapter 212, Florida Statutes,the City is exempt from federal excise, state, and • local sales taxes. 12. CONTRACT: a) The successful Bidder hereinafter referred to as "Contractor,"will be required to enter into a contract with the City. The contract shall be a written agreement similar to the ASCE standard construction contract or City-issued purchase order. Construction time will be substantial completion by October 15, 2018 and October 30, 2018 final completion. Liquidated damages in the amount of$1,000 per day shall apply to any failure to meet the final completion date b) The City may in its sole discretion award any additional work, whether in the existing area, or in any additional area, to any third party, or such work may be performed by the City's employees. Contractor will be expected to cooperate with any or all other Contractors who may be performing work for the City. 13. SAFETY REQUIREMENTS: The Bidder guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). 0 Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 13 ITB 19003 Lakefront Park Improvements Phase 1 1) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc. 14. DRUG-FREE WORKPLACE FORM: Provide a statement concerning the Bidder's status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES FORM The Bidder certifies that the Bidder does not and will not maintain or provide for the Bidder's employees any segregated facilities at any of the Bidder's establishments and that the Bidder does not permit the Bidder's employees to perform their services at any location, under the Bidder's control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Bidder agrees that (except where the Bidder has obtained identical certification from proposed contractors for specific time periods) the Bidder will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the Bidder will retain such certifications in the Bidder's files. The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. CONFLICT OF INTEREST/NON-CONCLUSION CERTIFICATION FORM: The Bidder declares by submission of a qualification package that the only persons, or parties interested in their bid are those named herein,that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee.Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The Bidder certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of 14 ITB 19003 Lakefront Park Improvements Phase 1 interest is identified in the provision of services, the Bidder agrees to immediately notify the City in writing. Bidder must submit the attached Conflict of Interest Disclosure Form. The Bidder further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Bidder offers and agrees that if this negotiation is accepted, the Bidder will convey, sell, assign, or transfer to the City 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 State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Bidder. The bid constitutes a firm and binding offer by the Bidder to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT FORM: All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." All Bidders who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133, (2)(a), Florida Statutes. 18. SCRUTINIZED COMPANIES The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under 15 ITB 19003 Lakefront Park Improvements Phase 1 Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Respondent must submit the attached Certification Regarding Scrutinized Companies' Lists Form. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's Building Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the contractor. 19. INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of"A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City 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 sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City,for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor,and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability &Property Damage Liability • $1,000,000 Combined single limit per occurrence(each person, each accident) 16 ITB 19003 Lakefront Park Improvements Phase 1 • All covered automobile will be covered via symbol 1 • Liability coverage will include hired&non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL&ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 4) Owner's Protective Liability Insurance: n/a for this project. 5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE 6) Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability 7) Builders Risk: n/a for this project 8) Certificates of Insurance: Certificate of Insurance Form (see sample attached),naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: 9) 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, its termination date. 10) Statement that the Insurer shall mail notice to the Owner at least thirty(30) days prior to any material changes in provisions or cancellation of the policy, except ten(10) days written notice of cancellation for non-payment of premium. 17 ITB 19003 Lakefront Park Improvements Phase 1 L CERTIFICATE OF LIABILITY INSURANCE > i C DATE /0 I ■PMOocCu - THICCERTWICATE S ISSUED AS A MATTER OFINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE , HOLDER THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIS BELOW. uetmERSAFFamwGCOVERAGE 1NMC1 MIMED DEMMEUL r Best/atlas a-NT Ont.T wMe,a CoQsssItractor's Name �Meu: 2uiTT=ass eeNMelD PTENEE: COVERAGES THE PWCE.IOF NMAAN I=co eltera NAVE BEEN MED TO THE WRMWEISED AIXNE FOR TNEPOLCYPERM EMGREO NOIYM,OTOIC.0 NOMNMEMER.TanBascOORON OF ANYCCNTWCT MODEM DOCUMINT%MTH RCM=TO WHIM The CFMECATEMAY BE IMO OR w Y PWTAA.THE NREUNCE AMON=BY THE FOLIC=OLlosiBD NEMER IS OUNECT TO AU-no TIED*IDCLUSOMB AND COMMONS OF W P OLICIES AOOREOATE LIMITS SHOWN wYNAVE BEEN REDUCED BY FAO CUM P�p{N,•Yp�T�t���CY TE/( Tril NNO TYPE OP SSRRMMCE MUM HAMER cATEEMECOR'YI OAri11EE0onq S OINRALUABLITYEACH OCCURRENCE 11,000,000 x _ COMImCULDe,aULMIam PREaE I 150,000 ..CLAW WIDE Q OCMNi MED EP{Parlor A.HAI 15,000 II -POEONA.amwsu MV 11.000,000 08mvs. mrl0AN 12,000,000 GEM AOQREGATEPURR¢T APPLIES PIE MOWN•COMPAIPAGO $2,000,000 Pamr la AT12t; n LOC MR0YO.a UMBNT CCIMINID!/OWE UET 11,000,000 X ANY AUTO co NOMAD ALL OWNED AUTOS ( BOONYDUDY 5 PVINNA I BO®NAE9 AUTW X TEED AUIOS Sc INJURY 1 X /ONaNNEO AUTOS 040,omaino PeDANNOE 1 (Fr scoom I pARAaa pawn MRO ONLY.EA ACCNR[NT I rANT AUTO ORMTHAN EA ACC 1 I-a I MRO OW. A00 1 l IMCINSAMMAILLA W 5101OCCURRENCE 1 1,000,000 x r--I OCCUR El CLAW MADE ADOREDATE s2,000,000 s HDEDUCTME I .---RETENTION 51 $ woNuwca1rNM AND x1To FAyi! iva aeLonRrtwLITYaNr I ELEACH=IOW 1500,000 Awe PROPMETORAMITNEFFENECARIVE OFFAMNADDINTA=WORM El.wow•wpm-wen 1500,000 ELDOME-PoucrulT 1500,000 COMM Builders Risk Any 1 Loa 1OO, Any 1 Occ 1,000,000 Oe1CSTTON OI OPERATEIS I LOCATIONS/VE=CLH I=IINS.ITaONS ADDED R ENOORSEMEIR I VOCAL FROM M, The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability i Umbrella Liability. Workers. Compensation, Employers' Liability a General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate holder is added as a T1omki$ffi>1i1i for ffii1tbms R181[. CERTIFICATE HOLDER CANCELLATION OCOEE01 MOULD AMT OF TM AWN OESCRmSO MUCKS IICNICELLEO SEPOME not WRATTOA DATE TNIDEOP.THE MAIM aSUMHI ma.ENOEIYOS TOEMA 10 OATS MUTTON NOT=TO TIE OERTNCATS NOLOEI NAMED TO no LEFT.BUT FNMA!TO DO SO MALL City of Ocoee arOU MOOBUSATON DR UA aE.RrCP ANTRIM UPON THE INSURER ITS A0MT3 OR 150 N. Lakeshore Drive NIortArlvEs Ocoee !T. 34761-1158 Mrrn8E¢10NE1REUEKTATRIi ACORO2S(2001A05) SA-m pi. `INN O ACORO CORPORATION IBES 18 ITB 19003 Lakefront Park Improvements Phase 1 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor/temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Have you any similar work in progress at this time? Yes No 19 ITB 19003 Lakefront Park Improvements Phase 1 Length of time in business Bank or other financial references: (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated No. Dated No. Dated (remainder of page left blank intentionally) 20 ITB 19003 Lakefront Park Improvements Phase 1 Exhibit A Scope of Work: In accordance with the plans and specifications prepared by S&ME, the Lakefront Park Improvements Project— Phase 1 will: • Demolish existing sidewalk, driveways, and pervious pavers; remove existing hardwood trees. • Construct additional off-street parking areas west and south of the Lakeshore Center. • Develop an event botanical garden around the Withers-Maguire House. • Reconstruct Oakland Avenue between Bluford Avenue and Lakewood Avenue. • Build a combination restroom and concession facility on Starke Lake at the east end of Oakland Avenue. • Reconstruct parking along the west side of Lakeshore Drive. • Add sidewalks, fountain, and other amenities to Bill Breeze Field. The complete bid must be accompanied by a high-level project schedule. In preparing this schedule, please note the following requirements: • Work involving Bill Breeze Field and Lakeshore Drive must be completed by March 1, 2019, so the area can host the Spring Fling event. • Off-street parking areas and Oakland Avenue must be finished by April 1, 2019,to accommodate the Best Fest event. • There is no specified open-for-use date for the restrooms/concession building or overall completion date; however, the proposed completion date for the restrooms/concession facility must be specifically noted on the schedule. Respondents should note that this project is one of several that are underway or will begin during the period of construction. Adjacent projects include Lakeshore Center Expansion,which should be completed by March 7, 2019, and City Hall construction, which is expected to get underway by April 2019 on the south side of Oakland Avenue. Oakland Avenue west of Bluford Avenue may also be under construction during an overlapping time period. To the extent possible, boundary lines between these projects have been established to limit the need for contractor interaction. Coordination and accommodation of these other projects is a requirement of the work. END OF SECTION 21 ITB 19003 Lakefront Park Improvements Phase 1 ocoee florida CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 ITB 19003 LAKEFRONT PARK IMPROVEMENTS PHASE 1 CHANGE ORDER FORM DATE: PURCHASE ORDER: The following changes are hereby made to the CONTRACT DOCUMENTS. Original CONTRACT PRICE $0.00 Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDERS $0.00 Net Increase (Decrease) Resulting from this CHANGE ORDER F$0.001 The current CONTRACT PRICE including this CHANGE ORDER [$0 .001 Original CONTRACT COMPLETION DATE: [original contract date] Current CONTRACT COMPLETION DATE adjusted by previous CHANGE ORDERS [current contract date] Net Increase Resulting from this CHANGE ORDER [number] days Current CONTRACT COMPLETION DATE including this CHANGE ORDER [new contract date] 22 ITB 19003 Lakefront Park Improvements Phase 1 CHANGES ORDERED: L REQUIRED CHANGES II. JUSTIFICATION III. NARRATIVE OF NEGOTIATIONS IV. PAYMENT V. APPROVAL AND CHANGE AUTHORIZATION This proposed change to the Contract requires approval by the Ocoee City Commission or the City Manager, dependent upon project approval authority, in order to supplement the project budget to fund the changes. It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original contract other than matters expressly provided herein. CONTRACTOR acknowledges, by its execution and acceptance of this Change Order, that the adjustments in Contract Price and Time shown hereon constitute full and complete compensation and satisfaction for all costs and modifications of performance time incurred by the CONTRACTOR as a result of this Change Order. No other claim for increased costs of performance or modifications of time will be granted by the OWNER for the Work covered by this Change Order. The CONTRACTOR hereby waives and releases any further claims for cost or time against the OWNER arising from or relating to the matters or Work set forth or contemplated by this Change Order. RECOMMENDED BY: ACCEPTED BY: 23 ITB 19003 Lakefront Park Improvements Phase 1 CITY OF OCOEE, FLORIDA jcontractor namel By: By: Signature Signature Date: Date: Title: Title: APPROVED BY: CITY OF OCOEE, FLORIDA By: Date: Al Butler, Support Services Director By: Date: Rebecca Roberts, Director of Finance By: Date: Robert D. Frank, City Manager By: Date: Rusty Johnson, Mayor Attest: City Clerk FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE CITY OF OCOEE CITY OF OCOEE,APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON AND LEGALITY THIS DAY OF , 20 UNDER , 20 AGENDA ITEM NO. By: City Attorney 24 ITB 19003 Lakefront Park Improvements Phase 1 APPLICATION AND CERTIFICATE FOR PAYMENT FORM Application No. Progress Payment Final Payment Contractor: Contract Date: Application Date: For Period Ending City Project No.: Account No.: P.O. No.: Project Name: ITB 19003 Lakefront Park Improvements Phase 1 Construction Start Date: End Date: Construction Days - Elapsed: Remaining: 1. Original Contract Amount $ 2. Sum of Approved Change Orders to Date (from Table) $ 3. Current Contract Amount(Sum of Lines 1 and 2) $ 4. Total of Prior Pay Applications (including retainage) $ 5. Amount of this Pay Application (including retainage; from Bid Item Quantity Spreadsheet) $ 6. Total Earned to Date (Sum of Lines 4 and 5) $ 7. Retainage Held from Prior Pay Applications $ 8. Retainage to Be Held in this Pay Application $ 9. Total Retainage Held to Date (Sum of Lines 7 and 8) $ 10. Total Earned to Date Less Retainage (Line 6 minus Line 9) $ 11. Total Earned less Retainage for this Pay Application (Line 5 minus Line 7) $ Approved Change Orders Change Date Approved Date Accepted Total Change in Order No. by City by Contractor Contract Price Total (Write in Line 2, above) 25 ITB 19003 Lakefront Park Improvements Phase 1 Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated , 20 (Contractor) By: (Name) (Title) COUNTY OF STATE OF Before me on this day of , 20 , personally appeared , known to me, who being duly sworn, deposes and says that (s)he is the of the Contractor above mentioned; that(s) he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Notary Public My Commission Expires Payment shown on Line 11 is recommended by City's Resident Project Representative: By: Date: (Authorized Signature) Owner's Approval By: (Authorized Signature) Date: (Title) 26 ITB 19003 Lakefront Park Improvements Phase 1 Exhibit B Bid Form Available as an Excel file on Demandstar ITB 19003 Lakefront Park Improvements Phase 1 27 ITB 19003 Lakefront Park Improvements Phase 1 28 EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed,this day of , 20 . The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the : ITB 19003 Lakefront Park Improvements Phase 1 (Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. ITB 19003 Lakefront Park Improvements Phase 1 29 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision ITB 19003 Lakefront Park Improvements Phase 1 30 of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer, or proposal as applicable. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Strike out (X) non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP, complete this signature block. (1) (Individual's Signature) (Witness) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) ITB 19003 Lakefront Park Improvements Phase 1 31 If Bidder is PARTNERSHIP, complete this signature block. (1) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) ITB 19003 Lakefront Park Improvements Phase 1 32 If Bidder is CORPORATION,complete this signature block. (1) (Corporation Name) (Witness) (2) (State of Incorporation) (Witness) By: (Name of Person Authorized to Sign- See Note 1) (SEAL) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) ITB 19003 Lakefront Park Improvements Phase 1 33 SURETY Witness: (If agency is not a Corporation) (Surety Business Name) (1) (Witness) (Principal Place of Business) (2) (Witness) By: (Surety Agent's Signature- See Note 2) Attest: (If Agency is a Corporation) (Surety Agent's Name) (Corporate Secretary Signature) (Surety Agent's Title) (Corporate Secretary Name) (Business Name of Local Agent for Surety) (Corporate Seal) (Business Address) (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. ITB 19003 Lakefront Park Improvements Phase 1 34 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF ) COUNTY OR CITY OF ) Before me, a Notary Public, personally came known to me, and known to be the Attorney-in-Fact of , a Corporation,which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of (Surety Company) Given under my hand and seal this day of , 20 . (Notary Public) My Commission Expires END OF SECTION ITB 19003 Lakefront Park Improvements Phase 1 35 EXHIBIT C PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and 1 a corporation organized under the laws of the State of and licensed to do business in the State of , (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract, (hereinafter referred to as the "Contract") with Obligee for the construction of : ITB 19003 Lakefront Park Improvements Phase 1 (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by the S & ME; and NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. ITB 19003 Lakefront Park Improvements Phase 1 36 In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative,pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. ITB 19003 Lakefront Park Improvements Phase 1 37 END OF SECTION ITB 19003 Lakefront Park Improvements Phase 1 38 EXHIBIT C Statutory Payment Bond Pursuant to Florida Statutes,255.05, et seq. KNOW ALL MEN BY THESE PRESENTS, THAT (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of , hereinafter called the "Surety"), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and Cents ($_ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a written Contract with the Obligee dated , 20_ to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. ITB 19003 Lakefront Park Improvements Phase 1 39 (Seal) (Principal) By (Name & Title) (Signature) Witness or Secretary's Attestation (Seal) (Surety) By (Name & Title*) (Signature) Witness or Secretary's Attestation *Attach Power-Of-Attorney ITB 19003 Lakefront Park Improvements Phase 1 40 (Page 1 of 2) SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Ocoee, Florida by by (Print individual's Name & Title) whose business address is 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict,non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity ri in Florida duringthe preceding 36 months shall be considered an affiliate. ITB 19003 Lakefront Parkm improvements l ase 1 41 enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies). Neither the entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The final order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Please attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ITB 19003 Lakefront Park Improvements Phase 1 42 (Signature) Date: Name of Bidder(Contractor) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (Name of Individual Signing) affixed his/her signature in the place provided above on this day of , 20 . Notary Public My Commission Expires: END OF SECTION ITB 19003 Lakefront Park Improvements Phase 1 43 DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program (Florida Statutes Section 287.037). In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ITB 19003 Lakefront Park Improvements Phase 1 44 CERTIFICATION OF NONSEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20 . By: (Title) Official Address (including Zip Code): ATTACH AND INCLUDE AS PART OF PROPOSAL FORM; FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF YOUR BID. END OF SECTION ITB 19003 Lakefront Park Improvements Phase 1 45 � 1 ocoee florida BID CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bid:the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff,and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112,Florida Statutes,the term"conflict of interest""means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting,an employee's professional judgment in exercising any City duty or responsibility in administration,management, instruction,research,or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Bid. The undersigned firm,by attachment to this form, submits information which may be a potential conflict of interest for this Bid. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date ITB 19003 Lakefront Park Improvements Phase 1 46 Certification Regarding Scrutinized Companies' Lists The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Respondent: By: (Authorized Signature) Title: Date: ITB 19003 Lakefront Park Improvements Phase 1 47 BID ITB 19003 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM"ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. COMPANY NAME TELEPHONE(INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID# Individual Corporation Partnership Other(Specify) Sworn to and subscribed before me this day of ,20 . Personally Known or Produced Identification Notary Public-State of (Type of Identification) County of Signature of Notary Public Printed,typed or stamped Commissioned name of Notary Public ITB 19003 Lakefront Park Improvements Phase 1 48 DRAFT CONTRACT FOR CONSTRUCTION THIS AGREEMENT is dated as of the day of in the year 2018 by and between the City of Ocoee, a Florida municipal corporation, hereinafter called Owner, and , a , hereinafter called Contractor. Owner and Contractor, in consideration or the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Bid ITB 19003 Lakefront Park Improvements Phase 1 Scope of Work In accordance with the plans and specifications prepared by S&ME,the Lakefront Park Improvements Project— Phase 1 will: • Demolish existing sidewalk,driveways,and pervious pavers;remove existing hardwood trees. • Construct additional off-street parking areas west and south of the Lakeshore Center. • Develop an event botanical garden around the Withers-Maguire House. • Reconstruct Oakland Avenue between Bluford Avenue and Lakewood Avenue. • Build a combination restroom and concession facility on Starke Lake at the east end of Oakland Avenue. • Reconstruct parking along the west side of Lakeshore Drive. • Add sidewalks,fountain,and other amenities to Bill Breeze Field. The complete bid must be accompanied by a high-level project schedule. In preparing this schedule,please note the following requirements: • Work involving Bill Breeze Field and Lakeshore Drive must be completed by March 1,2019,so the area can host the Spring Fling event. • Off-street parking areas and Oakland Avenue must be finished by April 1,2019,to accommodate the Best Fest event. • There is no specified open-for-use date for the restrooms/concession building or overall completion date; however,the proposed completion date for the restrooms/concession facility must be specifically noted on the schedule. Respondents should note that this project is one of several that are underway or will begin during the period of construction. Adjacent projects include Lakeshore Center Expansion,which should be completed by March 7,2019, and City Hall construction,which is expected to get underway by April 2019 on the south side of Oakland Avenue. Oakland Avenue west of Bluford Avenue may also be under construction during an overlapping time period. To the extent possible,boundary lines between these projects have been established to limit the need for contractor interaction. Coordination and accommodation of these other projects is a requirement of the work. ITB 19003 Lakefront Park Improvements Phase 1 49 ARTICLE 2. Architect and Engineer The Project has been designed by S&ME; however, the City's Support Services Director or his designee is to act as Owner's representative, assume all duties and responsibilities of the project engineer, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the work. ARTICLE 3. CONTRACT TIME 3.1 The work shall be substantially complete (all work complete except for the placement of permanent pavement markings on all final asphaltic concrete surfaces) by October 15, 2018. The entire work shall be complete and ready for its intended use, including final dressing and cleanup, by October 30, 2018. The project must be completed prior to Founders' Day on the first Friday in November 2018. 3.2 Placing of permanent pavement markings on all final asphaltic concrete surfaces, if applicable, shall not be accomplished before thirty (30) calendar days have elapsed after placement of the final surfaces. The charging of Contract Time will be suspended during the thirty (30) calendar-day period provided the work is considered to be Substantially Complete, as provided in paragraph 3.1 above. The charging of Contract Time will resume on the 31st day. 3.3 Contractor recognizes that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in above, plus any extensions thereof allowed. Contractor acknowledges that proving the actual loss and damages suffered by Owner if the work is not completed on time is impracticable and not susceptible to exact calculation. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner One Thousand Dollars ($1,000.00) for each day that expires beyond the final completion date specified in paragraph 3.1 final completion (readiness for final payment). 3.4 In addition to the liquidated damages, there shall be additional incidental damages paid by the Contractor to the Owner for failure to timely complete the work. These may include, but not be limited to, delay damage settlements or awards owed by Owner to others, inspection and engineering services, interest and bond expense, delay penalties, fines or penalties imposed by regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred by Owner in connection with Contractor's failure to timely complete the work. 3.5 In addition to liquidated damages and incidental damages arising from Contractor's failure to perform the work, Contractor may be required to repay Owner for the cost of ITB 19003 Lakefront Park Improvements Phase 1 50 corrective actions undertaken by Owner to resolve construction defects. Such corrective actions include, but are not limited to, restoration of damaged areas, clearing of reclaimed water customer facilities to remove construction debris, repair and replacement of damaged reclaimed water customer equipment, and emergency repairs to the reclaimed water distribution system during the one-year warranty period. ARTICLE 4. CONTRACT PRICE 4.1 Owner shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Form, Dollars and Cents, which is incorporated herein and made a part hereof by this reference. 4.2 The Contractor agrees that the Contract Price is a stipulated sum except with regard to those items in the bid which are subject to unit prices and agrees to perform all of the work as described in the Contract Documents, subject to additions and deductions by Change Order, and comply with the terms therein for the Bid stated in the attached Bid Form. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit applications for payment. Applications for payment will be processed by Engineer. 5.1 Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's properly submitted and approved Applications for Payment, as recommended by Engineer, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. All such progress payments will be on the basis of the progress of the work measured by the Schedule of Values and in the case of Unit Price, work based on the number of units completed and included in Contractor's qualifications submittals. 5.1.1 Progress payments will be made in an amount equal to the percentage indicated in Paragraph 5.1.2, below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold. 5.1.2 Progress payments shall be equal to ninety percent (90%) of the value of work completed, and ninety percent (90%) of the value of materials and equipment not incorporated into the work but delivered and suitably stored and accompanied by documentation satisfactory to Owner with the balance of the value of the work being retainage. However, when the work has reached the point of being fifty percent (50%) complete, the retainage may not exceed five percent (5%) of the value of the work completed. ITB 19003 Lakefront Park Improvements Phase 1 51 5.2 Final Payment - Upon final completion and acceptance of the work Owner shall pay Contractor an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2%) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals, are delivered to and accepted by the Engineer. ARTICLE 6. INTEREST All monies not paid when due shall bear interest at the rate of 3% simple interest per annum. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishings of the work. 7.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the work. 7.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) . 7.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect costs, progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. ITB 19003 Lakefront Park Improvements Phase 1 52 7.6 Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the work as indicated in the Contract Documents. 7.7 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.8 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 7.9 Contractor shall perform work with a value of not less than fifty percent (50%) of the Contract Price with his own forces. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between Owner and Contractor concerning the work, are attached to this Agreement, made a part hereof, and consist of the following: 8.1 This Scope of work Agreement. 8.2 Exhibits to this Scope of work Agreement (if any). 8.3 Performance Bond, Payment Bond and Certificates of Insurance. 8.4 Notice of Award and Notice to Proceed. 8.5 Bid Documents bearing the general title "ITB 19003 Lakefront Park Improvements Phase 1", dated October, 2018. 8.6 8 Drawings files consisting of a cover sheet and the sheets bearing the following general title: City of Ocoee, FL Lakefront Park Improvements Phase 1 8.7 Addenda numbers_to_, inclusive. 8.8 Contractor's Bid. ITB 19003 Lakefront Park Improvements Phase 1 53 8.9 Documentation submitted by Contractor prior to Notice of Award. There are no Contract Documents other than those listed above in this Article 8. ARTICLE 9. MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the 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 (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3 Chapter 558, Florida Statutes: The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. 9.4 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contractor and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. 9.5 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.6 SCRUTINIZED COMPANIES: The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with ITB 19003 Lakefront Park Improvements Phase 1 54 activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. 9.7 To the degree records are not exempt or confidential under Florida's Public Records law, Contractor agrees to comply with Chapter 119, Florida Statutes, and particularly Section 119.0701, Florida Statutes, relating to a contractor's obligation with regard to public records. 9.8 PUBLIC RECORDS COMPLIANCE The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If ITB 19003 Lakefront Park Improvements Phase 1 55 the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. 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 AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. (Remainder of Page Left Blank Intentionally.) ITB 19003 Lakefront Park Improvements Phase 1 56 IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on his behalf. CONTRACTOR: BY: PRINT NAME: TITLE: WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE,FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson,Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on , under Agenda Item this day of , 2018 SHUFFIELD, LOWMAN&WILSON, P.A. BY: Scott A. Cookson, City Attorney END OF SECTION ITB 19003 LAKEFRONT PARK IMPROVEMENTS PHASE 1 57 Exhibit D S & ME plans & specifications Specifications (1 file) Plans (14 files) ITB 19003 Lakefront Park Improvements Phase 1 58 Anthony, Vanessa From: Butler, Al Sent: Thursday, December 20, 2018 11:15 AM To: Anthony, Vanessa Cc: Roberts,Rebecca;Tolbert, Joyce; Shadrix, Craig Subject: Award of the Lakefront Park Improvements - Phase 1 project This email documents and confirms our understanding about how to award the subject project to the low bidder, Marbek Construction Co.Their original bid was$3,361,800.Through a negotiation process that included review of the Schedule of Values,we were able to identify$636,844.00 in savings by deferring construction of the lakefront improvements (landing, pavilion, restrooms, and concession space)to Phase 3, which is currently unfunded.This email was previously provided to you.)This action reduces the total bid price to $2,724,956. Also using the Schedule of Values, we were able to identify$300,000 in improvements that qualify for Stormwater Utility funds.This allocation brings the General Fund portion to$2,424,956. Our current available project budget for Job No. 18502 in ADG is$2,150,294.95. I prefer that we not allocate 100%of the available budget to the project award given the expectation that there may be additional project-related costs, like the underground electric power elements involving Duke Energy.Therefore, I recommend that the budget allocation from the General Fund project budget be $2 million.This leaves an unfunded portion of$424,956 to make the award. It is my understanding that funds are available from other sources to close the gap. My recommendation is to award the job at a price of$2,724,956 with $2,000,000 coming from the existing project budget, $300,000 from Stormwater Utility, and $424,956 from other General Fund budget. Please let me know if you need anything else to prepare the agenda report for the City Commission to make the award at its January 15, 2019 meeting.Thanks. Jack A. Butler,AICP, PMP Director of Support Services City of Ocoee 150 N. Lakeshore Dr. Ocoee, FL 34761 407-554-7063 abutler@ocoee.org All email messages sent to this address are public records subject to disclosure. Your email address will be exposed in response to any public records request if you send email to me at this address. 1 BID#ITB 19003 LAKEFRONT PARK IMPROVEMENTS REVISED BID FORM TOTAL LUMP SUM BID: $ � `( ' ch0 . 6>°' Dollars and Cents r 14O2 ` .�� ©k-Lt Comer Air 414 Authorized _nature tate_ 4a -ts_c_ Name/Title(print) C4C &g5 Professional License Number PROJECT SCHEDULE The area involved in the Lakefront Park Phase 1 construction project will be used for two city-supported events.The Lakeshore Drive corridor will be used for both events: 1. Spring Fling—March 10,2019 2. West Orange Chamber of Commerce's Best Fest—April 11,2019 It is the City's desire that the on-street parking and sidewalk reconstruction on Lakeshore Drive be finished in time for the Spring Fling event, with the Restroom Building completed in time for the Best Fest event. If these milestones cannot be met within your expected construction timeline, then we will need the Lakeshore Drive corridor to be free of construction activities and be in a condition allowing its use by pedestrians and vendors. Developing and adopting a final construction schedule will be part of the contract negotiation process prior to commencement of construction. However,the City will consider whether a Respondent bidder has committed to meeting these milestone dates in making its award decision. Please indicate below whether you are committing to the desired completion dates for the designated project elements or if you are proposing different dates for these items to be completed. You should propose only a single total bid price and set of milestone completion dates.You should NOT provide a base bid and additional "schedule" bids based on meeting specific component completion dates. COMPANY NAME Check one f March 10,2019 Spring Fling— Will commit to completing work in the Lakeshore Drive corridor by March 8,2019. OR ❑ Will commit to completing the Lakeshore Drive corridor by Check one fo ril 11, 2019 Best Fest— Will commit to meeting an April 9,2019 completion date for the Restroom Building. OR P ill co mit to completing the Restroom Building by (Regardless of he choi -s i dicated above, the Respondent understands and commits that the Lakeshore Dr -e cord,•r, w' hin the project construction limits, will be safe for use by pedestrians and vendors b ' . ch 201•. ree / re 44111" t,. .d...n \\. 71 / Authorized Com•any Representative Date Signed 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #: ,L ,a cz2c:43Z-S, Rn[l+7 (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor/temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of alluipmenthat will name ob e lessor.don City of Ocoee properties, including whether owned or leased. If leasedpleaseprovide , ,Incr9 ,aj 1/tG lex- t 25 Y-44-tit7 t t>ttt ttc� i 49 -1 t " 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT ave similar work in progress at this time?Yes No . H you any 19 ITB 19003 Lakefront Park Improvements Phase 1 _ _ ConslrudllOfl Cos 614 E Hwy 50 Ste 324 Clermont Fla. 34711 352-102-1084 Ph 352-242-1084 Fax Slmirar Pro'ersaifa Palmetto Park Plaza Mr. Rick Gierok $ 1,000,000.00 On Goning Park Construction and Hardscape in a active park to include restroom facility and extensive hardscape. Rhodes &Britto is the Architect on the project 352-483-5480 Mr. Rick Gierok gierokr@ci.eustis.fl.us Rogers Park Pavilion Mr. D.0 Maudlin $ 600,000.00 Design and Construction of a Park Pavilion in an active functioning park which included a Park Pavilion and splash pad of similar construction to this hi nacilityMr. DC n 352-435-9442 dc.in�2udiin ableesburgllorida. ov Joe's Car Wash 2/AT&T Retail $ 1,807,649.00 Ground up Car Wash and Retail sales Facility 407-319-6834 Joe's Car Wash 2 Mr.Joseph Schuemann joe@bluerockcommercial.com Grissom Centroplex/Ecklers Warehouse $ 5,900,000.00 180,000 SF Warehouse and Distribution Facility Completed in 8 Months Slab on grade( 180,000 SF)completed in 30 days Titusville,Fla. 321-438-3345 Grissom Centroplex Mr.Antonio Romano antonioromano@gmail.com Lifestream Behavioral Center $ 1,301,222.00 Health Care Facility 813-215-2702 Lifestream Behavioral Mr.Robert Schumake res@shumakearchitecture.net City of Kissimmee New Police Facility $3,200.000.00 2 story Ground Up Police Facility in Comm deuFlr Earl Johns Kissimmee Police Station deceased $ 2,742,000.00 W.T.Bland Public Library Addition and Renovation to existing Library Mount Dora,Fla. by Joe Hutson 352-408-2722 City of Mount Dora Joehutson36®gmail.com _- $ 1,252,000.00 Mice Delta Warehouse Industrial Office Warehouse Slab on Grade and Pre-Engineered Metal Building Clermont,Fla. 352-516-6921 Ames General Contractor Mr.Bud Ames $ 3,050,000.00 South Lake Shopping Center Winn Dixie Shopping Center Strip Center Clermont,Fla. Mr. Bud Ames 352-516-6921 Ames General Contractor $ 6,000,000.00 Seabreeze Aluminum Products Office and Warehouse 352-429-I 190 Seabreeze Aluminum Products Mr.Bill Monath $ 1,560,000.00 City of Clermont Fire Station#3 Three Bay Ground up Fire Station with attached living quarters Clermont Florida Ms.Tamara Richardson 352-552-5869 City of Clermont $ 1,700,OOO.00 City of Tavares City Hall Facility Lake County Board of County Commissioners(LCBCC) Public Works Building 2 story Addition to and Remodel of Occupied Structure $ 1,400,000.00 Seminole County Trailhead Facility restrooms. pavilions Public Park Horse trails and parking,public _--- City of Mount Dora Frank Brown Park $ 1,322,000.00 Ground up park including ball fields Concession and Picnic Pavillion City ofClerniont Hancock Park Pavillion $ 255,000.00 Picnic Pavilion City of Deltona Water Department Office Building $ 148,000.00 City of Kissimmee Covered Play Area $ 125,000.00 Baywood Waste Water Treatment Facility $ 275,000.00 Waste Water Facility Structures Colina Bay WRj' New WRF at Colina Bay $ 280,000.00 $ 1,600,000.00 INX Eco Tank Facility Gal tanks,Pumps Piping Etc.. New Smyrna Beach City of New Smyrna Beach $ 561,900.00 15 Unit T-Hangar VAC Hangar#3 Titusville Cocoa Airport $ 794,312.00 Historic Train Depot City of Clermont $ 296,200.00 City of Clermont $ 200,000.00 Historic Cooper Library PRE ENGINEF%RED METALTRUCTUREs City of Kissimmee West One Hangar Kissimmee Airport $ 545,800.00 City of Kissimmee Holland Sheltair T-Hangars $ 633,800.00 Two T-Hangar Structurers Hernando County Airport T-Hangers $ 895,000.00 Hernando County IiOCC Two T-Hangar structures Citrus County Mosquito Control Twenty Thousand Square Ft $ 975,000.00 District Headquarters Design Build Facility H.Q's South Lake Towing Facility Multi Bay Garage and Service $ 650,000.00 Facility City of Kissimmee Vehicle Kissimmee Public Works $ 485,000.00 Wash Facility Vehicle Wash.Bldg A.C. Furniture Warehouse 12,000 S F Furniture Showroom $ 785,000.00 And Warehouse City of Mount Dora New Fire Station Apparatus Facility $ 122,800.00 g Kane Island Combustion Fre-Engineered Structures for $ 725,000.00 Turbine Facility Power Generation Facility Commercial/Industrial $ 318,000.00 Aabott Fence Warehouse Warehouse and Garage Movie Rider 1 Motion Simulator Theatre $ 625,000.00 Movie Rider II Motion Simulator Theatre $ 720,000.00 Center AIRPORT AVIATION CO STRUCTION City of Kissimmee West One Hangar Kissimmee Airport $ 545,800.00 Holland Sheltair T-Hangars $ 633,800.00 City of Kissimmee Two T-Hangar Structures Hernando County Airport T-Hangers $ 895,000.00 Hernando County BOCC Two T-Hangar structures TWA Ramp Level Operations relocation A.O.A Ramp Operations Facility $ 545,000.00 Orlando International Airport Relocation Continental Airlines Relocation A.O.A Ramp Operations Facility $ 448,000.00 Orlando International Airport Relocation United Airlines Red Carpet Club Private Lounge and Dining $ 635,000.00 Orlando International Airport Hyatt Hotel Lobby Lobby Entrance to the Orlando Int $ 425,000.00 Orlando International Airport Airport Hyatt Hotel UNIVERSITY PI;OJTCTS 1 EDUCATIONAL FACIL_ �:$ University of Central Florida Demolition and Remodel of Computer $ 4,200.000.00 Computer Centers I&II Centers Central Florida Community College Fine Arts Center Building Addition $ 1,497,000.00 Central Florida Community College Demolition and Remodel of Kitchen $ 1,522,800.00 $ 1,485,000.00 University of Central Florida Chemistry Lab Renovation Remodel to existing Chemistry Lab $375,000.00 University of Central Florida Retention Ponds A&B Excavate and Relocate fill to Baseball Stadium $350,000,00 Reclaimed Water Line Install Reclaimed Water Line System $ 48,000.00 University of Central Florida Sidewalk and Parking Addition Staff Parking Area adjacent to Student Parking +STAU NTS ENTERTAIIdIMENT SPECIALTY Dr Charles Pike DMD Dental Office $ 325,000.00 Dr Alejandro Victoria General Practice Dr.'s Office $ 225,000.00 Dr. Paul Jacubawski Dental Office $ 125,000.00 Benchwarmers Restaurant Sports Bar/Restaurant $ 475,000.00 $ 720,000.00 Movie Rider international Motion Simulator Theatre $ 645,000.00 Movie Rider International Motion Simulator Theatre Copelands of New Orleans Franchise Restaurant $ 965,000.00 $ 180,000.00 Hanimizuki Japanese Restaurants Japanese Sushi Bar $ 145,000.00 Kishimoto Japanese Restaurant. Japanese Restaurant M241CIPLE COIVSTKUCTION City of Clermont Fire Station#3 $ 1,560,000.00 City of Apopka New Fire Station#2 $ 750,000.00 City of Mount Dora New Fire Station Apparatus Facility $ 122,800.00 g Fire Station 33 St. Cloud Pre-Engineered Fire Apparatus $ 113,969.00 Fire Station 31 St.Cloud Pre-Engineered Fire Apparatus $ 89,800.00 Building.Relocation of existing structure Citrus County Mosquito Control Twenty Thousand Square Ft $ 975,000.00 District Headquarters Design Build Facility H.Q's Citrus County Board of County Water Treatment Facility $ 42,000.00 Commissioners City of Clermont Historical Train Depot Reroof $ 35,000.00 Florida City of Clermont Historical Cooper Library Demolition$ 104,000.00 Florida City of Clermont Historical Cooper Library Relocation$ 42,000.00 Florida City of Clermont Historical Village Re-Vitilazation Project$Undetermined Florida City of Clermont City Hall I.T.Office Construction $ 28,000.00 Florida Seminole County Port Authority Re-Roof Metal Building $ 112,500.00 City Of Maitland New Ground Up Senior Center and $ 525,000.00 Maitland Senior Center City Of Maitland Landscaping the center Median of $ 125,000.00 Maitland Boulevard Landscaping active Hwy during normal Bus Hours City Of Maitland Brick Pavers at street level and $ 94,000.00 Private Drive Brick Pavers addition of sanitary lift station City Of Maitland Parking lot and Landscaping $ 85,000.00 Senior Center Parking Lot LCBCC Hunter Community Bldg Repair Damage to existing Building $ 22,000,00 LCBCC Sorrento Public Library Tenant Build Out and completion of $ 28,000.00 Existing Facility $ 141,000.00 LCBCC Road Maintenance FacilitiesRoadoMaintenan e Facr renovation to ilityng` New Restroom and Picnic Pavillion $ 64,800.00 City of Clermont at existing Park OMMERC1AL TIi NANT BUILD OUTS $225,000.00 Owen Bailey Office Space 2500 SF office space build out 425,000.00 Zora Neal Hurston Building 8 story Core Restroom ADA Retrofit $ 52,000.00 Oppulence Tenant Build out Retail Build Out INDUSTRIAL Larson Lodge $ 1,900,000.00 New 68 Unit 4 Story Hotel Buffets Car Wash $ 515,000.00 Car Wash and Detail Center OrthoMerica Products $ 98,000.00 Renovations to Orthopedics Fabrication Plant mARBEK ConsirUCilOfi Co. 614 E Hwy 50 Ste 324 Clermont Fla. 34711 352-102-1084 Ph 352-242-1084 Fax Pro osed Subcontractor Listin Sitework Foshee Construction Kevin Foshee 352-394-7211 Landscaping Southwood Industries Israel 407-948-1950 Concrete MARBEK Construction 352-242-1084 Masonry MARBEK Construction 352-242-1084 Pavers Paver Scape Chad Love 407-702-1405 Steel GMS Ellison Marsil 386-469-0057 Roofing Coronado Roofing Thomas Simpson 407-948-1373 Hardware/Doors Taylor Cotton Ridley 407-298-5114 Painting Tampa Bays Finest Mark 813-381-7654 Plumbing Exact Plumbing Jim Focke 407-688-2317 HVAC Air Control Johnny Josca 352-242-8464 Electric Moore Electric Robert Moore 407-948-4730 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor/temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by t beecontractoricoee's approval that any GE or before anySv4'orOlcvS in shall the comn►ence bytors he listed above shall requiret3' additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF COJECT/C IENT'S NAME AND ADDRESS/TELPHONE NUMBER/EMAIL ADDRESS/NAME you any similar work in progress at this time? Yes✓ No 19 ITB 19003 Lakefront Park Improvements Phase 1 I Length of time in business go-f12-5 Bank or other financial references: ‘5,..A-cl 7'4Je 22-71 c5›er, (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s),bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case,the outcome or projected outcome, and the monetary amounts involved. If none, please so state. 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. _ Dated t‘ /Z-o+ No. Dated No. Dated No. Dated No. Dated (remainder of page left blank intentionally) 20 ITB 19003 Lakefront Park Improvements Phase 1 Exhibit A Scope of Work: In accordance with the plans and specifications prepared by S&ME,the Lakefront Park Improvements Project— Phase l will: • Demolish existing sidewalk,driveways, and pervious pavers;remove existing hardwood trees. • Construct additional off-street parking areas west and south of the Lakeshore Center. • Develop an event botanical garden around the Withers-Maguire House. • Reconstruct Oakland Avenue between Bluford Avenue and Lakewood Avenue. • Build a combination restroom and concession facility on Starke Lake at the east end of Oakland Avenue. • Reconstruct parking along the west side of Lakeshore Drive. • Add sidewalks,fountain, and other amenities to Bill Breeze Field. The complete bid must be accompanied by a high-level project schedule. In preparing this schedule,please note the following requirements: • Work involving Bill Breeze Field and Lakeshore Drive must be completed by March 1,2019,so the area can host the Spring Fling event. • Off-street parking areas and Oakland Avenue must be finished by April 1,2019,to accommodate the Best Fest event. • There is no specified open-for-use date for the restrooms/concession building or overall completion date;however,the proposed completion date for the restrooms/concession facility must be specifically noted on the schedule. Respondents should note that this project is one of several that are underway or will begin during the period of construction. Adjacent projects include Lakeshore Center Expansion,which should be completed by March 7, 2019, and City Hall construction,which is expected to get underway by April 2019 on the south side of Oakland Avenue. Oakland Avenue west of Bluford Avenue may also be under construction during an overlapping time period. To the extentCoordenat�on and accommodation undary lines between hese projects have been of these other projects ssaablished to limit the need for contractor interaction. requirement of the work. END OF SECTION 21 ITB 19003 Lakefront Park Improvements Phase 1 (Page 1 of 2) SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to City of Ocoee, Florida by by K tGG. !b ,ca2c � � 21y�C +-'�T (Print individual's Name&Title) whose business address is !of `r 'Lcx52. e-<< kl..-. `f 1 t 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict,non-jury trial,or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity c_crime in Florida duringthe.preceding 36 months shall be considered an affiliate. ITB 19003 Lakefront Park tit-rase 41 enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members,and agents who are active in management of an entity. 6. Based on information and belief, the statement I have marked below is true in relation to the en it submitting this sworn statement. (please indicate which statement applies). Neither the entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The final order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Please attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ITB 19003 Lakefront Park Improvements Phase 1 42 1 4e, e/t J..1:10 (Signature) Date: \ (l 13 I lt b r 42 fb 2.c.xa-Z C 0, Name of Bidder (Contractor) STATE OF COUNTY OF L4K�% PERSONALLY APPEARED BEFORE ME,the undersigned authority, Rd( A/10(040,0 C) who, after first being sworn by me, (Name of Individual Signing) affixed his/her signature in the place provided above on this 131.1% day of Amb - ,201$ , Ngtsry Pubib State of Fonda Notary Public .,...--1.-1-:.' / +� ee aurin Schutlz My Commission Ex, es: 4-111/2,3 mise GG 205162 %aaf Expires 0410912022 END OF SECTION ITB 19003 Lakefront Park Improvements Phase 1 43 DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program (Florida Statutes Section 287.037). In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1), 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community,by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ITB 19003 Lakefront Park Improvements Phase 1 44 CERTIFICATION OF NONSEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. Note: The penalty for making false statements in offers is prescribed in 18 .S.C. 101 . Date k ,20 In •� By: e�>/ (Title) Official Address (including Zip Code): r'etLl ‘&" Sc N\0.- 32 C t .r-un-s.T - 3�kit t ATTACH AND INCLUDE AS PART OF PROPOSAL FORM; FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF YOUR BID. END OF SECTION ITB 19003 Lakefront Park Improvements Phase 1 45 401110r OC C_)e C'. florid BID CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112,Florida Statutes. All Bidders must disclose within their Bid:the name of any City of Ocoee employee, Mayor or City Commissioner,other City Official,or City Consultants,who owns assets or capital stock,directly or indirectly, in the Bidder's firm or any of its branches,or would directly or indirectly benefit by the profits or emoluments of this Bid.(Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services,Bidder agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff,and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112,Florida Statutes,the term"conflict of interest""means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest",and refers to situations in which financial or other personal considerations may adversely affect,or have the appearance of adversely affecting,an employee's professional judgment in exercising any City duty or responsibility in administration,management, instruction,research,or other professional activities. Please cher ne of the following statements and attach additional documentation if necessary: To the best of our knowledge,the undersigned firm has no potential conflict of interest for t his Bid. _ T i- undersigned firm, by attachment to this form,submits information which may be a potent] conflict of i terest for this Bid. Acknowledged by: r1 Act4 ; a SI--12., - & e.,.l C c> Firm Name z'' / /49 _ I. Signature Q.,e - A t`7,o+2r' 7790--L..- -Dk:_-,...-1-c-r Name and Title(Print or Type) / Date t t ( t'? /'F} ITB 19003 Lakefront Park Improvements Phase I 46 Certification Regarding Scrutinized Companies' Lists The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria,as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Respo-• t; { +'_� ��_ o C / By: `._. -- (Authorized Signature) Title: cceSic,t ` Date: 071. (8 ITB 19003 Lakefront Park Improvements Phase 1 47 BID ITB 19003 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM"ARE ACCURATE AND WITHOUT COLLUSION.THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. M - aC.s x-3( 352- zt-k2 — l 084 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 25Z- Z- (0 81 FAX (INCLUDE AREA CODE) <-1 Ce.012 g.rhe Crar7s� 1�C'Lv(Th - E-MAIL ADDRESS t. '" _ IF REMITTANCE ADDRESS IS DIFFERENT AU ORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, / PLEASE INDICATE BELOW: 4- t,4R-a k4;64-AD/ a ,s. NAME/TITLE(PLEASE PRINT) tOift 4,11 9J VLF: 374' STREET ADDRESS Ct.trt CITY STATE ZIP FEDERAL ID# • `kola Individual Corporation Partnership Other(Specify) Sworn to and subscribed before me this (37-Is, day of t�o. e12.. ,20 5 8 Personally Kno or Produced Identification AO f V�� Notary Public-State of / 7O C14 (Type of Identification) County of - Notary public State of Florida Sign re of Notary PuBec omin Schsign Gz My omission oNsaan GQ 205162 Expires 0410W2022 Printed,typed or stamped Commissioned name of Notary Public ITB 19003 Lakefront Park Improvements Phase I 48 Executed in 2 Counterpart(s) EXHIBIT C BID BOND KNOW ALL BY THESE PRESENTS,that we,the undersigned, Marbek Construction Company ,as Principal, and The Gray Insurance Company. -------- as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida,as Owner, in the penal sum of,(5 percent of the Contract Bid)$ 1. (. Crer0.23 O OulaP2 (written amount in dollars and cents) far the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,successors and assigns. Signed this 13th day of November , 2018, The Condition of the. abooetobligatiton is such that whereas the Principal has submitted to the City of Ocoee,Florida a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing, for the lTB:19003 Lakefront Park improvements Phase 1 (Project). NOW THEREFORE 1 Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face ofthis Bond. 2 Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. ITB 19003 Lakefront Park Improvements Phase 1 29 3. • This obligation shall be null and void if: 31 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding.Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, Or 3.2 All bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety(90)days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4 Payment under this.Bond will be due and payableupon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5, Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided • that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6.. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent •jurisdiction located in the state in which the Project is located. 8, Notices required hereunder shall be in writing and sent to Bidder and Surety at their reslectiv e addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer,agent or representative who executed this Bond on behalf of Surety to execute,seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute,then the provision ITB 19003 Lakefront Park Improvements Phase 1 30 of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continuein full force and effect. 11. The term"bid"as used herein includes a bid,offer,or proposal as applicable. IN'VVI'i'NESS WHEREOF,the Principal and the.Surety have hereunto set their hands andseals, and`such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. Strike out(X) non-applicable signature blocks'and complete applicable block, All signaturesmust have their names printed or type below their signature, If Bidder is SOLE PROPRIETORSHIP,complete this signature block. (1) '(Wisstr ) ;' iduals Signature) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Sushi ddress) (Telephone No.) (Florida License No.) ITB 19003 Lakefront Park Improvements Phase I 31 If Bidder is PARTNERSHIP=complete'this signature block. (1) Mess) s.ersl p.Name) (2) (Witness) (General Partner's Signa' • (General:Partner's N: (SEAL) siness Address) (Telephone No.) (Florida License No.) ITB 19003 Lakefront Park Improvements Phase 1 32 If Bidder is CORPORATION,complete this signature block. Marbek Construction Company (I) _ (Corporation Name) (V✓ifn �j Florida (2) (State of Incorporation) (Witn•G • 13y; ', .1 - `et t-4,ct--4S7 (N ,e of Person Au orized to Sign-S„ee-Note I) (SEAL) i / % (Ti ) s'' 'uthori : ,S`1, attire) ` 10 411" (Corpo :tion President). 614 E. Hwy 50, Suite 324, Clermont FL 34711 (Business Address) (35,g)242-1084 C01C-4e214 (J ilepbone No.) (Florida License No.) IT$ )9003 Lakefront Park Improvements Phase I 33 • S TY• • Witness: (If agency is not Corporation) The Gray Insurance Company (Surety Business Name) (1) N/A (Witness) 2750 Lake,Villa Drive,Suite 300,Metairie,LA70002-6783 (Principal Place of a siness) (2) N/A (Witness) • (Surety Agent's Signature-See,Note 2) Attest: (If Agency is a Corporation. Gloria A. Richards4 (Surety Agent's Naive) (Corporate Secretary Signature) Attorney-In-Fact&FL Licensed Resident Agent Susan L.Reich (Surety Agent's Title) (Corporate Secretary Name) 1 Honda Surety Bonds. Inc. (Business Name of Local Agent for Surety) ' , (Corporate Seal) ',62Q N.Wymore Rd.,Suite 200,Maitland,FL 32751 ' •(Business Address) • 1/ .t I ,� • (4071786-7770 N/A (Telephone NO (Bond No.) NOTES:: (1) Complete and attach"Corporate Authority to Execute Documents"if executed by any corporate employee other than president or vice-president. (2) . Complete and attach a certified copy of"Power-of-Attorney" prepared by Surety appointing • individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized"Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where . applicable.. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended)and be authorized to transact business in the state where the project is • located. ITB 19003 Lakefront Park Improvements Phase 1 34 ATTORNEY-IN-FACT AFFIDAVIT .grAn OR COMMONWEALTH.OF Florida ) COUNTY OR CITY OF Orange ) Befok8nie,a Notary Public,personally came Gloria A. Richards _. known to me, and knowtto:be the Attorney-in-Fact of The Gray Insurance Company ,a LA Cortib,i7ation,which (Surety Company) (State) eecttted the attached bond as surety,who deposed and said that his signature and the corporate seal of Salo; The Gray Insurance Company were affixed by order and authority of said Company's Board of T3irectos, (Surety Company) and;ihiatthe execution of the attached bond is the free act and deed of The Gray Insurance* (Surety Company)*Company Given;under my hand and seal this 13th day of November ,2018. or r Notary Public State of Florida • :4 `f; Tammy D.Jones t� y Y My Commrssron GG 212138 ;ifExpires 04/29/2022 oi v�.. • (N . ry u' ic) =mmy D.Jones My Commission Expires 04/29/2022 END OF SECTION • ITB 19003 Lakefront Park Improvements Phase 1 35 WI IPON 1UT1i0lTlG•k1NLESS It'EAS 11 TRU4ti'JA7J'8 .9R101 AMORE IMP°OVIIVIV1 x fp AigdEalagiNSA _ - FqN+.. ir! i I 4 THE GRAY INSURANCE COMPANY n . THE GRAY CASUALTY&SURETY COMPANY '� GENERAL POWER OF ATTORNEYp.' KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly Iill &%;J organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and !.a; appoint Susan L.Reich,Jeffrey W.Reich,Kim E.Niv,Teresa L.Durham,Cheryl Foley,Gloria A.Richards,anGlen Arvanitis or Maitland,Florida jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make, r. execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required,or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract ;y z of suretyship executed under this authority shall exceed the amount of$10,000,000.00 4•1 This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of ,il._,,£ Directors of both The Gray Insurance Company and The Gray Casualty&;Surety Company at meetings duly called and held on the 26th day of June,2003. �" " 01 RESOED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby OLVii js, is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the ,;� Company bonds,undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such ,y ., Power of Attorney,and to attach the seal of the Company;and it is F3 j FURTHER RESOLVED,that the signature of1such officers and the seal of the Company may be affixed to any such Power of ` ;i' F, Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatuje or 1i facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or content 10:: I'•,, i;,„ {J surety to which it is attached. :fez '? IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to b 1 hereinto affixed,and these presents to be signed by their authorized officers this 12th day of September,2011. '1 1 �,(j , r -11 `ae u A r N By: Aiithee7i--46. , Attest: y����Gf�'j��'�"�wNA Uel8°p�� uMark S.Manguno idF L , AG. (' SEAL b; Michael T.Gray Secretary, \v+ ti r' ;''.,Al1President,The Gray Insurance Company i �y •• ••°°�' 1')d; 'i'1•' ..••'� ' and The Gray Insurance Company, *• Vice President, The Gray Casualty&Surety Company Ii The Gray Casualty&Surety Company tr Pi State of Louisiana $s: t ti Parish of Jefferson •'' . On this 12th day of September,2011,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance ,iii Company and Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company 1. and The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of I Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their t ::. r= companies. 041111,1 A. IT ,6 1 4*y�' `_,,T6n4t,�y I* ?, * Lisa S.Millar,Notary Public,Parish of Orleans'�1 AN State of Louisiana'' "'� ••gip My Commission is for Life ;1, .i I,Mark S.Mangano,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that thea ve 1"'I and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in fi11 force and effect. «I k J I f �1� hrlr; r; l IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this day of�0V ` • t) „1 ;� "•ar.' ZY 1. Ir.,i *. p OF �F�, „ I04 ire kF' t ��, of —.•.— ° 4 r I4 I 0 ° i s SEAL Mark S.Manguno,Secretary , 1 r r ' o r �, SEAL , _ y ; The Gray Insurance Company , , i 1 f y . ^ ��a_ The Gray Casualty&Surety Comriany 1 f 4 1 * _ • =. 1, Pi '� %) ,'. .�"!111:1::+'1 1 s;— i' 4 FLORIDA SURETY BONDS, INC. Phone 407-786-7770 Maitland,FL Detail by Entity Name Page 1 of 2 DIVISION OF CORPORATIONS Florida Department of State Øbrg „Ala "01,,/,-,1.10)600/Nollfin Noll,/nwhiff;) penartntant of Stale / Division of Corporations / Search Records 1 Detail By Document Number/ Detail by Entity Name Florida Profit Corporation MARBEK CONSTRUCTORS INC. Filing Information Document Number P98000083871 FEI/EIN Number 59-3536466 Date Filed 09/28/1998 State FL Status INACTIVE Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/26/2008 Event Effective Date NONE Principal Address 614 E.HWY50 SUITE 324 CLERMONT,FL 34711 Changed: 10/12/2005 Mailing Address 614 E,HWY 50 SUITE 324 CLERMONT,FL 34711 Changed:10/12/2005 Registered Agent Name&Address MARCHAND,RICK A 614 E.HWY 50 SUITE 324 CLERMONT,FL 32804 Name Changed: 10/12/2005 Address Changed: 10/12/2005 Officer/Director Detail Name&Address Title P MARCHAND,RICK A htt+.•//cPary.h cnnhi7.nrF/Inauirv/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/14/2018 Detail by Entity Name Page 2 of 2 10401 CALLE DE FLORES CLERMONT,FL 34711 Annual Reports Report Year Filed Date 2005 10/12/2005 2006 08/25/2006 2007 10/09/2007 Document(manes 10/09/2007-REINSTATEMENT View image In PDF format 0812512008--ANNUAL REPORT) View image in PDF format 10/12/2005--REINSTATEMENTS View Image In PDF format 00130/2004—ANNUAL REPORTS View image in PDF format 02/13/2003—ANNUAL REPORTS View image In PDF formai 03/19/2002--ANNUAL REPORTS View Image in PDF format 03/20/2001--ANNUAL REPORTS View Image in PDF format 06/30/2000—ANNUAL REPORTS- View Image in PDF format 04/28/1999--ANNUAL REPORTS View image In PDF funnel 09/26/1998—Domestic Profit View Image In PDF formal I Florida DepdrldmMC o Slat%DIvItlen e CNIWfd[i0115 1.1.1.._.11 t, .,1..1111,,.rn/Tnr,tlirv/C1.nrnnrationSearch/SearchResultDetail?inquirytype=Entit... 11/14/2018 DBPR-MARCHAND,RICK A;Doing Business As:MARBEK CONSTRUCTION CO... Page 1 of 1 8:37:15 AM 11/14/2018 Licensee Details Licensee Information Name: MARCHAND, RICK A (Primary Name) MARBEK CONSTRUCTION COMPANY (DBA Name) Main Address: 614 E HWY 50 STE 324 CLERMONT Florida 34711 County: LAKE License Mailing: • LicenseLocation: 10401 CALLE DE FLORES DR CLERMONT FL 34711 County: LAKE License Information License Type: Certified General Contractor Rank: Cert General License Number: CGC048743 Status: Current,Active Licensure Date: 11/18/1989 Expires: 08/31/2020 Special Qualifications Qualification Effective Construction Business 02/20/2004 Alternate Names View Related License Information! View License Complaint 2601 Blair Stone Road.Tallahassee FL 32399 :: Email:Customer Contact Center:: Customer Contact Center:850.487.1395 The State of Florida is an AA/EFO employer.Copyright 2007-2010 State of Florida,Privacy Statement Under Florida law,email addresses are public records.If you do not want your emailddrss released leas resp i moan.Ityau ublie aec rds request,do not send electronic mall to this entity.Instead,contact the office by phoneby traditional questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address If they have one.The emaiis provded my be used for officiaddress,please provide the lcDepartm Department with aensee.However n email lma address whesses are ich can be made ublic record.If avai able to the publiou do not wish to supply a personal __ .i nseDetail.asp?SID=&id=52CE563B4F3EA1ABC... 11/14/2018 Licensing Portal-View Public Complaints Page 1 of 1 fit Complaint Details Below is a listing of public complaints regarding the person or entity selected.This may not reflect all public complaints filed with the Department;for example,at Thel Department Isyalso precluded Managers(CAMS)are available to the any complaints hichuarec,regardless of whether any confidential pursuant to Florida pear ,and may be requested directly from the De Stat tesIf you would like a full list of public complaints against an Individual or entity or to make a public records request for complaints listed please visit our public Rec You can search for public records pertaining to unlicensed activity complaints through an additional database by visiting our Search Unlicensed Activity Cumuli For more information about CAM complaints,please visit the CAMs page. 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Number Class Incident Status Disposition Disposition Discipline Date Date Date-Description 5601 Blair Slone Road.Tallahassee FL 3 .9::Email:sastomer Contact Center::Customer Contact Center:850.407.1395 lose State of Florida Isan fWEEO amiyoyrr.toaartutrt 2007-2010 state of Florida.pr:veor Statement blicaecook request,do net end electronic teal o nos entRy, the era*by phone Or DV Under tram el at.If email you nava addresses questions,u pious contact u do not 850.487.1395.want Pursuant to SMba 405.275(1).Ronde 4i was,effective October I.01s2,Names licnvedtunder Chapter 45S.F.S.mush provide the Department with an.mail address If duty have ono.the amass provided nay be uSed for offtda1 communication *WV t l which however *malla addresses the art rpupWuc.aced.If you do not with to supply a persmul addrest,please Not.* ids toe 0 rt . , ,.__.__ .w �..:,.,,,.,,,,,,,saint ncn7Rin=&1icid=736179 11/14/2018 ..„-............ ...,..„,..,,..„.,...L.,..,,,,,,,:',,,,--;.,-:.•:,.,..,,.,..,..., ..... ....:•_, ;•.., ,,:„..,,1:,7„..,E,,,„„:.:E:,:.;:::::,:,E.,.;;, ,muilt,:...v,-0-„,,:: :,:,.,:sz.::2.;-.,,,,,:: ::. ,:.;:.4.1:,.,:„,5::::•.:.:. :;.•: -.:::::: :,.:. ,..:,.,.::..,.„:„.,..,:::,„,..,::,..,::„.::::,:::.::::::......] .7?. 9 rii 00 . t. t... t-ri • 0„,i::,,.ai::,.,.g.,:,,,,,,,,,A,,,,t,„,„..,„,:.,..,,,,,,,,,,,,,,,,,,,,,,,,,,,„„„m.,,,,,,„,,,,,,„,,,,,,„„,,,,„:,„:,:,„,„-..,,,..,•-.,,„.„,...,;...,„_.,.,.., ,,.•, ,, ,.• . 1 C/) 0 , ..7i:t tri q .., , t • . 0,_1. 00. • . .,:„..,„...s,,,r,.,,„,„,,.,-,,„„,,,,I,,„;,,g,,.„,„,„•,„:440.4,„„„1,:,„,,,,,,f,,,,,,,,,,,,,:,,,,,,,,,,,,,,,,,,,,.„,,4„,,,,,,.,„;,„a„:,:,„:„,,.„,,,„,:„:„..„..,,,,,,,,.:.:,:„...: . „, , .,,,:.„..,L,,,,,; .1 „,.n,„„„„: .,. ,::„,„,„„.„...,,:,.., .,.:.-44. 4.414,:*Z- 4•40•31/4414'4,444:,14,4,-.44-4.. -:,44,7,-,444.......A,A.4,..,•,,, - 44,•,,,,,,144,,i,44.14, .'•,..:',..;.',1 '' .1• . 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'-,::::::.':''.:'',' •-•::::::!::i'•:-NT.'.,--'•.::.:'--'-',.:: :1:1 ....,1:],'''.-•::•.:L'i:':::•:4 ; £ w 73 13 » CU CD `0. j - 2 2 § w E E \ < » c , = = ® O. r a ® 0 m o \ \ O. = § � ■ o o 73 k / CA § a ( CO e C ' E O ® ■ 0. o ; 0 § tu } \ 3 v § \ R co, ar 2 » lo 0- 8: cncn * 7 A o [ g co o 1,3 CO cro§ — t t & - • , £ _ j ca } GI %to /-7q_o! " , _ c} 3k-ak#rQ .. t t ` \ � °Ei Cr Ez\ - - - _ "O o cobcr CD _ 0 3 0 g t t t ) / co 5 o o ci m g C. C, t n \ CO In o J LTO; a ° \ Anthony, Vanessa From: Butler, Al Sent: Thursday, December 20, 2018 12:38 PM To: Anthony,Vanessa Subject: FW: Ocoee Lakefront Park project From: Rick Marchand<rick@marbekconstruction.com> Sent:Wednesday, December 12, 2018 9:30 AM To: Butler,Al<AButler@ci.ocoee.fl.us> Subject: Re: Ocoee Lakefront Park project Mr. Butler Please accept this e-mail as confirmation that MARBEK Construction is willing to reduce our proposal amount in accordance with the break out pricing list that we sent to you on Friday. Should you wish to delete item 7, for instance, we would certainly reduce out proposal amount by the $ 636,844.00 as outlined. We would also be willing to do the same with any of the other reduction items we discussed, or any that we may mutually agree upon going forward. Our intentions are to work with the City cooperatively to insure the project moves forward in what ever way works to the best interest of the City of Ocoee. Thank you for the opportunity and if I may be of further assistance or should you have any additional questions, please do not hesitate to call Thank you Rick A. Marchand MARBEK Construction Co. 614E Hwy 50 Ste 324 Clermont, Fla. 34711 352-242-1084 Ph 352-242-1081 Fax 407-468-8378 Direct 1 1 0(4 EXHIBIT B BID FORM PROJECT NAME: BW SITS 19.0022 Ocoee Lakefront Park-PHASE 1 SIRE PROJECT NO.: 527118047 DATE 1217/18 BIDDER: MARBEK Construction Co SIGNATURE: FL Contractor's license_CGC048743 Item No. Item Quantity Unit Price Subtotal - Description A. rbehIleobee .. . 1. Restroom Building EA $341,047.00 including roof overhang and ookmn beaomentslfootsrs 2. Wedding Pavilion EA $97.345.00 3. Footers at columns cons(Wedding Pavilion) EA $9.500.00 4. Sing Troths EA $86,419.00 includes:shipping,forgive,install and hardware 5. Benches swings(at Swing Trellis) EA $9.000.00 6. Colne treatments of Trellis EA $24,552.00 Subtbtai B. ,Wand Features 1. Wall for electrical panel(6'Ht) 1 EA $0.00 eliminated per addedndrm 2 Retaining wall at lake edge 167 LF $133.37 $22,272.00 retainirg wall concrete block w/brick veneer and precast cep;metal 3 Sign Wall FA 50.00 lettering 4. Perimeter Fence-4'ht IF $33,712.00 white aluminum picket fence 5. Brick Colksms EA $36,000.00 concrete block col brick veneer and precast cap 6. Privacy Lattice Fence-8'ht LF 570,843.00 wood lattice fence Subtotal C. . i .Uglilleffaud Electrical Smoke 1 LS $401,119.00 1. Transformer pad EA $0.00 2. Meter can EA $0.00 208Y/120V,3PH,4W,225A,42CKT,225A main Weaker. 3. NEMA3R distribution panel EA $0.00 Electrical Contractors did not have sufficient time rich as 208Y/120V.3PH,4W,225A,54CKT,main lug only.NEMA? 4. distribution panel EA $0.00 achsdufsing to do such a detailed breakdown 208Y/120V,3PH,4W,100A,30CKT,100A mein breaker. 5. NEMA3R distribution panel EA $0.00 6. Digital lighting controller FA $0.0d 7. Lighting contactor EA $0.00 8. Photosensor EA $0.00 9. Stege protection device FA 10.00 10. Ground test well EA $0.00 11. Grounding LOT $0.00 12. Outdoor receptacle ground box EA $0.00 13. Post mounted GFCI receptacle EA $0.00 14. GFCI receptacle in weatherproof box EA $0.00 15. Dimmer in weatherproof box EA $0.00 16. GFCI receptacle EA $0.00 17. Occupancy sensor&switch EA $0.00 18. 3P200A fused disconnect switch,NEMA3R EA $0.00 19. 2P/30A fused disconnect switch,NEMA3R EA $0.00 20. 2P/30A non-fused disconnect switch,NEMAI EA $0.00 21. Peking lot light with direct buried pole EA $0.00 22. Pedestrian light with direct busied pole EA $0.00 23. Flood light EA $0.00 24. In-grade uptight EA $0.00 25. Ceiling accent light EA $0.00 26. Pendant light EA $0.00 27. 40W LED downlght EA $0.00 28. 17W exterior LED wall sconce EA $0.00 29. BOW ceiling mounted 4'LED fixture EA $0.00 30. Telephone terminal boad $0.00 31. 14'PVC conduit LF $0.00 32 1 W PVC conduit LF $0.00 33. 2'PVC conduit IF $0.00 34. 3'PVC conduit LF $0.00 35. V.'RGS conduit LF $0.00 36. 2'RGS conduit IF $0.00 37. 4001tanil aluminum conductor IF $0.00 38. 134)AWG aluminum conductor IF $0.00 39 94/0AWG conductor IF $0.00 40. W4AWG conductor LF $0.00 41. S2AWG conductor LF $0.00 2 of 4 EXHIBIT B BID FORM PROJECT NAME: Bid MTB 19-003 Osage Lakefront Park-PHASE 1 S&ME PROJECT NO.: 527118047 DATE: 1217118 BIDDER: MARBEK Construction Co SIGNATURE: FL Contractor's License_CGC048743 Rant No. Item Gurrdty Unit Price Subtotal DascatpNon 42. IBAWG conductor LF $0.00 43 SUM conductor LF $0.00 44. I10AWG conductor LF $0.00 45. I12AWG conductor LF $0.00 46. Lightning pr tecbon for restroom bonding LOT $0.00 47. Lightning protection for pavilion structure LOT $0.00 Subtotal $0.00 3 of 4 EXHIBIT B BID FORM • PROJECT NAME: BM NRB 19-003 Ocoee Lakefront Park-PHASE 1 SAME PROJECT NO.: 527118047 DATE: 1217/18 BIDDER: UARBEK Construction Co . SIGNATURE: FL Contractas s License_CGC048743 Item No. Item Quantity Unit Price Subtotal Description D. SlbFatshYYps 1. Bench-6'length 15 EA $4,800,00 Conc Pad Only 2. Bench-8J length 3 EA $1.600.000oncPad Only 3. Trash Receptacle 14 EA $2,66000 Cone Pad Only 4. Bike Racks 2 EA $361.66 with cane Pad 5. Removable bollard 8 EA $5,528.00 56,700.00 with concrete pea submersible lights.reservoir,pump and all 6. Fouttai n 1 EA equipmerd 7. Plater pots(tall) 8 EA S6,30000 36"1*with irrigation drainage gravel and planting soil B. Planter pots(short) 6 EA $2,622.00 22'ht,with irrigation,drainage gravel and planting soil Subtotal E Spa:WV Itetdsc.as 1 LS $17009.00 1. Brick Pavers 4.377 SF $0.00 pedestrian 2. Concrete Paves 2,250 SF existing concrete pavers to be to the 10.00 extent possible 3. Concrete base 222 SY $9,500.00 reinforced concrete base at wedding pavilion and steps 4. Landscape boulders 3 EA $4,500.00 F. Landscape sed Irrigation 1 LS $279,050.00 1. Canopy Trees 8 EA $0.00 specimen;6'cal. 2. Canopy Trees 57 EA $0.00 2-3.5"cal. 3. Palm Trees 89 EA $0.00 1720'CT ht 4. Ukderslay Trees 88 EA 10.00 5. Shrubs-15 gal. 11 EA $0.00 6. Stubs-7 gal. 402 EA , $0.00 7. Shrubs-3 gal. 6,893 EA $0.00 8. Shrubs and Groundcover-1 gal. 8.853 EA $0.00 9. Irrigation-sfruba/grou drover 1 LS $105,750.00 10. Tree Irrigation 140 EA $0.00 none on sabal palms or trees 30 gal.or smaller 1. TrfTuf Bermuda Grass SF $0.55 $34,375.00 2. Zoysia Sod SF $0.65 $6,500.00 3. St Augustine Sod SF $15,925.00 4 Planting Soil TON INCL 85/15 Mx at 4"Depth 5 Irrigation-sod SF [NCL Subtotal 4 ct 4 EXHIBIT B BID FORM PROJECT NAME: Bid ET8111-003 Ocoee Lakefront Pak-PHASE 1 SEME PROJECT NO.: 527118047 DATE: 1217118 BIDDER: MARBEK Construction Co MONATURE: FL Contractor's Liaise_C00048743 Item No. Item (blandly , Unit Price Subtotal Description N. • ''so mill,UMW; - 1 LS 1. Conga - LS $53,923.00 2. Meintsnance of Traffic LS 30.00 3. Survey and Layout is 327.000.00 4. NPOES Monitoring LS 30.00 5. Geo4estingLS $0.00 6. Silt Fence LF $7,000.00 7. Turbidity Barrier LF $2,250.00 8. khat Protection EA $9,000.00 9. killing Existing Asphalt Pvt,1-112'Avg SY $0.00 10. Base Removal SY $0.00 11. Demolition Existing 4"Sidewalk SY $0.00 12. Demolition Cubing LF $000 13. Demolition Existing Brick Pavers SY $0.00 14. Demolition Existing Concrete Pavers SY $0.00 15. Clearing aid urging(including tree removal) AC $0.00 16. Excavation CY $12073.00 17. Borrow Fill CY $83,250.00 18. 8'PVC Roof Drain Pipe LF $2,025.00 19. 12'PVC Storm Pipe IF $1.220.00 20. 18'RCP Storm Pipe LF $24,900.00 21. 24'RCP Storm Pipe IF $7,560.00 22. 30'RCP Storm Pipe LF $27,810.00 23. 36'RCP Storm Pipe LF 529,095.00 24. Core Existing Storm Inlet EA $8,203.00 25. Testing LF $5,456.00 26. Downspout Roof Drain Connection EA $1,350.00 27. Yard Drain EA $8,400.00 28. Catch Basin FDOT Index 232 Type C EA $42.750.00 29. Ma+lele FDOT Index 200 Type P EA $14,400.00 30. Modified Control Structure EA $45,000.00 31. SlortnTerh System CF $105,950.00 32. Curbing(FDOT Type F) IF $75,687.00 33. Type B Stabilization SY $48 625.00 34. Optional Base.Base Group 09 SY $115260.00 35. SP-9.5 Asphaltic Concrete TN $91,147.00 36. SP-12.5 Asphaltic Concrete TN $26,389.00 37. Roadway Brick Pavers(Custom Color) LS $0.00 38. Roadway Brick Pavers(Herring Bone Pattern) SY $0.00 39. Roadway Bride Pavers(Traditional Color) SY $0.00 40. 1-114'Settling Sand under Pavers CY $0.00 41. Striping LS $7,750.00 42. Signage(STOP sign and ADA sign) EA $9,900.00 43. Handicap Ramps EA $0.00 44. Detectable Waning SF $16,500.00 45. 4"Concrete sidewalks SY $247,000.00 46. 6'Concrete sidewalks SY $0.00 47. Retaining Well SF $0.00 48. Wheelstops EA $3,71200 49. As-built Survey LS $3,000.00 50. 2'Water Service&Tap LS $14,350.00 6"water service&Tap re-route $40,200.00 51. Grease Interceptor EA 52. 2"Forkxxnain LF $15,619.00 53. Connection to existing faaimain system EA $3,400.00 54. Sanitary Sewer Testing LF $4,680.00 55. Grinder Pump Station EA $78,250.00 Subtotal General Conditions.OH&P,Bond,Misc $309,479.79 Grand Total $3,361,893.45 fD 3 3 3 3 3 3 33 V al to A W ti N fD fD fl- fD O 7r fD fD to C °� K -i O m 3 -, 7r tD -, c N C n C 7r W 'O CO N r) 'a N en-.. N r r) -otl, ti N S '� (") p N V, (7 < co 7 ( < C. f~D n O < .=.el) O d o0 t- 0 < f�D O .' N fL fD fD = Q c G N 00 d m n O v, rD en n ° 3 v_' m o o .� \ 7 IA -, O �?. H O Oi. 3 fD O O O� obi 3 tD of N `^ 0'0 C 1E 7D o �, 0, oo f'D -, N 3 00 -0 a 00 0o v, �► of m i r m- m A- O n y ^ I o N n I c c -, -0 In O co CL ciT = co in C0 col C O _ ` O. 00 r- 0Q a n fD W V, D p,12 fD 00 O 0 D 0. co o o N = .A O! fD y a4 f'1 0. TI m- 0 -G N H _ `^ a C 0 0 p c -, 0 <. Q m c 00 -i- 13 0 fD 3 fD c u, tri. i/1V1iA tm. in. 4" tRin V► tn. Vf 411 N V► i'. W N i" i" i"� F-, N N N . 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Vf '(h tit Vf (A N UJ 0o rn n ,"'i 90 v A 9' rn V UUi p0 N U7 W til pO A O O O i-Avi O Ui N O tD A I-+ tri A h+ A O phi o 0 0 0 Mayor Commissioners Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 City Manager .� Richard Firstner, District 3 Robert Frank0IP George Oliver III, District 4 ocoee florida November 7, 2018 ADDENDUM NO: ONE (1) CITY OF OCOEE #ITB-19003 Lakefront Park Improvements Phase 1 This addendum shall modify and become a part of the original bid documents for the Ocoee Lakefront Park Improvements Phase 1. This addendum consists of fifty-seven (57) pages. Bidders shall acknowledge receipt of this Addendum in the space provided on page 20 of the bid documents. Failure to do so may subject the bidder to disqualification. The bid date remains the same. *IMPORTANT NOTE ON REVISED BID FORM (ATTACHED): This bid form has been revised to require a lump-sum price, and the previous unit price Bid Form is now a Schedule of Values. Bidders must use the attached Revised Bid Form or your bid will be disqualified. Bids shall be submitted per the plans and the specifications, including this addendum, for the complete ready to use project. The previous bid form, which is now a Schedule of Values, must be submitted by the successful bidder prior to the City' issuing a Notice of Commencement. Prospective bidders may treat the former bid form (now the Schedule of Values) as an indicator of the work required, but errors and omissions in project components or quantities will not result in a change order. The selected Contractor must deliver the complete project ready for use by the City, as shown on the plans and described in the specifications, for the Lump Sum Bid Price. Change orders will only be considered if a modification is made to the plans and/or specifications. Specification (Project Manual and Plans) Changes: 1. The Dates in the contract of October 1, and October 15 on page are removed. 2. The Completion dates in the scope are desired but NOT MANDATORY. A new Project Schedule Form (attached) is required for each Bidder to indicate what milestone dates it commits to meet. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 1 3. Additional Plan Sheets L3.8, LS1.1, IR3.0, IR3.1, IR3.2, omitted in pages 11-25, and ES-001, ES-002 are attached hereto. 4. Architectural plan sheets have been updated to provide additional information. The revised sheets are on Demandstar. They clarify the extent of foamed-in-place insulation, louver information, and details; and revised and added dimensions. Bid Solicitation Changes: 1. Additional plans sheets referenced at the Pre-Bid Conference are attached to this Addendum and posted as a PDF on DemandStar(ES-001, ES-002). 2. Only the electrical components of the early start scope of work have been completed. The early-start sidewalk was not constructed and is now within the scope of this solicitation. All sidewalks shown on Sheet LI.4 are to be constructed by the Contractor. 3. D23 is no longer applicable; this electrical lighting has already been removed. 4. All Benches shown on the plans shall be supplied by the City from its stock of existing equipment or through the City's purchase of new units. The Contractor will only be required to provide the concrete pad and mount the bench provided by the City. 5. The brick walls listed on the Statement of Values (nee Bid Form) on Line 20 and shown on Sheet ES-002 for mounting Electrical Panel 3 and Stage Connection Panel 2 near the boat ramp are to be excluded from the project. These panels have already been installed on concrete posts and Unistrut. The City may, at a future time, seek a change order to construct a less elaborate enclosure for these panels. Answers to questions received and/or amendments to the RFP documents are as follows: Q1. Hardscape Detail Sheet L2.3 has a detail for the fence and column (5). The detail calls out the top railing and post to be white and the bottom rail to be black. The aluminum pickets don't specify a color. Please confirm the color of all components of the fence Al. All fence elements are to be white. Q2. Spec section 323119 calls out manufacturers that don't make this fence. The Architect is calling for 1 '/2" sq. pickets &2"x 2" rails. This is all custom. The largest pickets those manufacturers make are 1"picket. 1 3/4"rails is the largest. A2. All products should be an available manufacturer's standard option. If the specified product is not commercially available off the shelf, then the product submittal process will reveal that fact and allow the City to accept an alternative to the unavailable product that was specified. Bid the work according to the closest available standard commercial product Q3. Invitation to Bid General Terms and Conditions Part 12 Contract indicates a substantial completion date of October 15, 2018 and a final completion date of October 30, 2018. Please provide correct substantial completion and final completion dates, and indicate a desired notice to proceed date. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 2 A3. See the note, above, that states these dates are to be removed from the solicitation's example Contract. Q4. Invitation to Bid Exhibit A Scope of Work indicates work involving Bill Breeze Field and Lakeshore Drive "must"be completed by March 1, 2019 for the Spring Fling event; and off-street parking areas and Oakland Avenue"must"be finished by April 1, 2019 for the Best Fest event. It was mentioned at the prebid meeting that work for these areas is "desired"to be finished by the dates provided. Please confirm. A4. We can confirm that the described dates have been modified to desired milestones. A new Project Schedule Form is included in Addendum 1 to allow Respondents to indicate what project production milestone dates they can meet. Q5. Exhibit B Bid Form Details tab includes scope of work items with quantities and requires unit prices to be entered. Please indicate if this will be a"Lump Sum"contract or a"Unit Price"contract. A5. The project is now a Lump Sum solicitation. Unit prices will be used in case of changes in quantity are required during preconstruction negotiations or performance of the work. A change order will be issued for any changes to the plans and/or specifications that impact the cost of the work. Q6. Exhibit B Bid Form contains two tabs: Details tab includes scope of work items and quantities; and a Summary tab that is linked to the Details tab. All of the Summary tab line items contain formulas with reference errors. Please verify if we are to use the Summary tab and if so, provide a revised bid form with the correct formulas. A6. The Summary tab of the Schedule of Values does not apply to the bidding process and may be deleted from the Excel file. Q7. Exhibit B Bid Form Details tab includes scope of work items with quantities and requires unit prices to be entered. Because of the number of unit prices to be entered, please indicate if we can provide this filled out form within 24-48 hours after the bid deadline. A7. The Bid Form has been changed to a Lump Sum format and the former detailed Bid Form has been changed to serve as a template for a Schedule of Values to be supplied by the Contractor prior to issuance of a Notice to Proceed. Please use the attached Lump Sum Bid Form. Q8. Exhibit B Bid Form Details tab includes scope of work items with quantities and requires unit prices to be entered. Please indicate how we are to handle discrepancies if our quantities differ from the quantities shown on the bid form. A8. Respondents should submit per the attached Lump Sum Bid Form. Quantities should not be shown on the Contractor's Schedule of Values derived from the former unit-price Bid Form. Q9. Exhibit B Bid Form Details tab Part C Lighting and Electrical Service Item #30 lists a "Telephone terminal board"but there is no quantity or unit provided. Please provide a quantity and unit for this item. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 3 A9. The quantity is zero (0). This pay item should not be included in the Contractor's Schedule of Values. Q10. Missing Plans - In downloading Plans 7 of 14 from Demandstar it was discovered that there are five plans duplicated (L2.2, L2.3, L2.4, L3.1 and L3.2) and five plans missing (L3.8, LS 1.1, IR3.0, IR3.1 and IR3.2). Please re-issue Plans 7 of 14 with the correct 15 drawings. A10. These documents appear to have been omitted due to a technical error and have been uploaded to DemandStar under Clarification. Q11. Picnic Station To Be Removed - Drawing C4.0 shows the existing Withers-Maguire House with Note D5, indicating picnic station to be removed. Please clarify which picnic station is to be removed. All.Note D5 on Sheet C4.0 does not apply to the area around the Withers-Maguire House. That sheet also shows the lakefront area, where multiple picnic stations are shown to be removed. Q12.Existing Trees To Be Removed - Drawing C4.0 shows trees to be removed with an X inside a dotted circle but the X blocks out the tree size and species. Please show the size and species of the trees to be removed. Al2. The subject trees may also be found on the survey sheets, where notation as to size and species is not obscured. Q13. Brick Paver Bands -Drawing L1.2 shows brick paver type 3B separating the crosswalk pavers and the other street pavers. There are un-labeled bands separating the parking area pavers and the street pavers. Please indicate if these are type B3 pavers also. A13. We believe the question refers to the required ADA crosswalk tactile notification pads. Q14. Existing Veteran Monuments - It was mentioned at the prebid meeting that the relocation of the existing veteran monuments is not in our contract. Please confirm. A14. We can confirm that the City plans to work with a monument firm to relocate the granite monuments from the existing Veterans' Memorial site to the new site west of the Withers-Maguire House. Q15. Existing Lift Station Equipment - It was mentioned at the prebid meeting that the removal of the existing lift station equipment is not in our contract. Please confirm. A15. The lift station relocation is being handled under a separate contract and is not within the scope of work for the Lakefront Park Improvements Phase 1 project. Q16.Existing Tree Removal - It was mentioned at the prebid meeting that the removal of some of the existing trees is not in our contract. Please confirm. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 4 A16. A map sheet has been included in the Addendum to indicate those trees that have been removed by the City and/or another contractor prior to the date of this response. Q17. Existing Underground Electrical Removal - It was mentioned at the prebid meeting that the removal of some of the existing underground electrical is not in our contract. Please confirm. A17. We are unaware of any underground electrical facilities to be removed. The City is working under the Lakeshore Center Expansion contract to relocate underground electrical service from its current overhead connection to a ground-based transformer. This work is expected to occur after bid opening for Phase 1. If necessary,the City will work with the selected Phase 1 Contractor to make any project-specific accommodations needed as a result of putting power service underground. Q18. Existing Flagpole - It was mentioned at the prebid meeting that the relocation of the existing flagpole is in our contract. Please confirm A18. We can confirm that relocation of the Veterans' Memorial flagpole remains within the scope of the Lakefront Park Improvements Phase I project. Q19. There are two references on this plan for D17. The keynotes do not indicate what D17 is. What is D-17? ij-' r IS D17 • A19. DI7 refers to existing domestic water backflow prevention assemblies for irrigation system supply. These are to be relocated. Q20. There is one reference on this plan for D19. The keynotes do not indicate what D19 is. What is D-19? (214.004410 + 11:19 44 • moi.%.i:�_�,.j����j���.i._.i►. it„ , • IL' 1 40 CD Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 5 A20. D19 is a semi-circular brick entrance sign. There are two at the current entrance to the south Lakeshore Center parking area on Oakland Avenue. Q21. There is one reference on this plan for D18. The keynotes do not indicate what D18 is. What is D-18? )WHAT I D //A Av A21. D18 is a 12' x 16' roofed open pavilion. This structure has already been demolished and is no longer in the scope of the Park project. Q22. There is one reference on the Keynotes where there is both D24 and D25. Where are these located on the plans? A22. D24 callouts are shown in the lower right corner of Sheet C4.0 in the area of the planned Restroom/Concession Building. D25 no longer applies. Q23. There is a heavy black line near bottom of page, left of center. What does this line represent? LINE . iAk li�� * ► • A23. The line represents an existing water main that is to be protected during construction. It may be impacted by construction of new water mains in the area to serve the relocated City Hall and/or reconstruction of Oakland Avenue. Q24.The sidewalk to the right of the parking lot at the right of the page is labeled as an S4b but does not confirm to any marking on the legend. What is the intent here? IIis ' th1s trod.Ln'Not identified as eijmir 11 sidewalk cm 1 Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 6 A24. The intent is for the selected contractor to build the sidewalk, as shown on the plans.All sidewalks with no pattern fill should be treated as if it had the fill for the sidewalk type indicated by the related callouts. In this case,the sidewalk specified is S4b. Q25.This legend marking is used for certain areas, but not identified either in the Legend or m the keynotes. What is intended at these locations? • ♦ 1•��•• A25.As shown in the Legend on Sheet C4.0,the crosshatch fill pattern is used to denote asphalt pavement and buildings to be removed during demolition. Q26. There are two bench locations that do not have a concrete identification under them. Is the intent to have these two benches sit on a concrete slab? Ps there concrete under �'Y••' the bench. . titi'f A26.The description of a Bench given in the Statement of Values (nee Bid Form)on Lines 81 and 82 includes both the metal bench and the concrete pad on which it is mounted. (See related note, below.) Q27.There are two areas one on the east and one on the west of the existing house. Are these brick pavers laid in a herringbone configuration?If not,what is it? v, Vo°00' A27. Sheet L1.5 shows in a callout that the areas of pavers on the east side of the House are to have a herringbone pattern. This direction is repeated for the west-side paver area on Sheet L2.4. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 7 Q28. The sidewalk to the West of the existing house appears to be brick pavers but there is no keynote.Are these new brick pavers? 14 • • C� 1711/4 1..111111.. I erl..is...no...keynote ....ii►iiii iiiiit...,. .. • o ..bnck'.�. avers, Ahëserw?..�.�:.� .. 11-011irrrIrrreirl II 111..11 tttttttttttttttttttt/.►1 ./ • A28. The direction for this sidewalk is shown on the Hardscape design pages; please see Sheet L1.5 for the sidewalks around the House. Q29. The pavilion area and the sidewalk to this pavilion show what appear to be brick pavers installed in a herringbone Pattern. Is that correct? Rill AO Akif ' r {`#d` igo, 0, . E # \ I �a A29.As noted above, direction for paver patterns is given on the Hardscape design pages;please see Sheet L2.4 for more guidance. Q30. There is a crosswalk on E. Oakland Ave where the S45 is used for the main body of the roadway.Are these brick pavers laid in a herringbone pattern?Is so; is there any additional requirement for the base supporting these brick pavers? Addendum#1 I'I'13 19003 Lakefront Park Improvements Phase 1 Page 8 i • ,3$x51 �� ` esI` `,; ,y�►, '► ` �,,,, a NIT �. NA , ;��Ss� N,s$4% A30. The subject crosswalk pavers are laid in a herringbone pattern. The base supporting the crosswalks should be the same as that for other portions of the roadway. Please note that the crosswalk borders on roads and driveways having a brick paver surface are to be constructed using two rows of white paver bricks;these are not concrete ribbons. Q31. Your site on Demandstar indicates Item number 19 as being "Omitted Plans Sheet 7 of 14.' There is some confusion with the wording for this item. Does it mean that we are to delete Sheet 7 or was it simply provided for someone who did not download this sheet on prior downloads? A31. Please replace plan sheet 7 of 14 with the ones provided in this addendum. When the 1 document originally uploaded, some of the documents did not upload properly. Q32. During the Pre-Bid it was indicated that the demolition of trees, as indicated on C4.0, was incorrect since several of the trees have already been removed. When will the Addenda be issued indicating the correct demolition of the trees? A32. This is that addendum. Q33. On this drawing it appears that Lakeshore Drive is to receive pavers. Is that the case? NOTE: The only reason that this question is being asked is because there are many other items on the plans that are not identified either with Keynotes or identified with the Features Legend identifications. An example would be the sidewalk indicated on this plan. A33.No. Lakeshore Drive already has a concrete paver surface. Please look at ALL plans sheets. You cannot expect to view a single plan sheet and have all the information for a particular improvement. Q34. Does the sidewalk bordering E. Oakland Avenue have a turned down curb? A34. According to the callout on Sheet C5.3,this sidewalk is Type S43.As shown in the Site Layout Keynotes on this same page,this type is"Concrete Sidewalk with Turndown Curb." Q35. A note on this plan indicates that we must repair and replace concrete pavers in the parking stalls. What percentage of replacement pavers should be anticipated so that everyone is providing a comparable price for the work in this area? A35. The intent of this note, and a similar one on Sheet C4.0, is to instruct the Contractor to provide a level and consistent surface within the parking area; i.e., remove"birdbaths,"replace gravel, etc. The Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 9 project will reduce a roughly 40-foot deep parking area to one half that size. This can be done with a sawcut along the alignment of the new curbing/sidewalk and removal of the parking area that should be converted to a sod ground cover. You should assume that no pervious pavers you remove will be reusable. There is no requirement to remove the entire area of pervious pavers that remain and to reconstruct it with new pavers. The City cannot provide a percentage of the area that may be acceptable without any work being needed. Q36. When a sidewalk is identified as S43, does that mean a 4" or 6" sidewalk? A36. The description given on Sheet C5.3 for Sidewalk S43 in the Site Layout Keynote legend says to refer to Detail 6 on Sheet C8.1 to get this answer. The information is available on that drawing. Q37. What Keynote applies to the concrete for the ADA stalls? How thick is the concrete? A37. The Site Layout Keynote for the handicapped parking area says to refer to Sheet L2.0 for a description of Vehicular Concrete. That sheet does not currently have that information. Please use Pavement Type P2, which will be amended in the Addendum to be 3,000 PSI concrete reinforced with 6x6 wire mesh at a depth of six inches. Detail 2 on Sheet C8.1 shows how to build concrete pavement but does not specify a thickness... Q38. There is a crosswalk on Lakeshore Drive. Do the pavers exist? If not, please prove a Keynote. A38. Lakeshore Drive pavers exist; however, on Lakeshore Drive,the sidewalk to the north is new and the one to the south is being relocated. Both will need to be constructed using new pavers at the locations and in the manner shown in the plans. The guidance that applies to paver crosswalks is shown on Sheets L1.2 and L1.4. Q39. Has there been an established budget for the project? A39. The current funding allocation is roughly $2 million. Q40. On sheet L2.0 the structures summary states to match specification SFIA for the Bench Swings. Keystone has advised that they do not make those swings nor recommend their swings be modified for this application. Do you have another specification reference for these items? A40. The direction for the specified swing is to try to match the style of the Reading Bench Product No. REC26C. There is no requirement for Keystone Ridge to supply the product, nor do we expect the standard Reading Bench product to be modified by the Contractor to convert it to a swing. The specified bench has vertical back slats and longitudinal seat slats with a heavy overall appearance. A metal, outdoor, high-quality swing with similar style will be acceptable, without the need for the back to include the City logo. Q41. Sheet C-4 note D2d states to repair and re-use the concrete pavers. How would they be repaired? Where would they be re-used and what quantity would be salvaged? A41. See previous response. Pavers are too fragile to be reused. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 10 Q42.Note D 14; please specify what "Coating " is. A42. "Coating" is an asphalt sealant, such as ArmorSeal A100. The intent is to provide an appearance for those portions of the existing pavement that are retained to match the adjacent new asphalt. Q43. A9.1: Who is providing the trellis? The plan indicates column surrounds and brick bases are by the contractor. Is the trellis to be built by others and the bases w/FRP surrounds built by contractor at a later date? What is the anticipated time frame between these two events? A43. The Trellis is shown on Sheet LS 1.1 and is manufactured by Poligon. There is no specific time period that needs to elapse between when the Poligon structure is erected and the column covers are installed. Q44. Is there a quantity associated with pay item no. 30 Telephone Terminal Board? A44. Yes,the quantity is zero. This pay item is to be omitted in the Schedule of Values. Q45. Bid item sheet has a pay item for Type F Curb and Gutter (3347 If). Site Layout Plan Sheet 5.2 identifies all curbs as Type D. What type of curb is required? A45. Type"D" curbing is used throughout the project. Line 155 in the former Bid Form should say FDOT Type"D" Curbing. Q46. Omitted Drawings- Omitted drawings L3.8, LS 1.1, IR3.0, IR3.1 and IR3.2 were re-issued as 8 '/2 x 11 and are blurry when zooming in. Please provide clear 24 x 36 drawings. A46. These plan sheets have been re-uploaded to Demandstar and are a part of this addendum. Q47. Paver Bands- Drawing C5.2 Typical Crosswalk Paver Detail indicates a concrete band separating the crosswalk pavers and road pavers, and separating the parking pavers and road pavers. The landscape drawings indicate these bands as either vehicular paver P3B or as unlabeled. Please clarify if the bands are concrete or pavers. If concrete, please provide detail showing dimensions, reinforcing, etc. A47. The border bands are to be 24-inch-wide FDOT Type"Drop Curb," as shown on Index 300. Q48. Landscape Boulders - Drawing L2.0 Finish Schedule indicates the landscape boulders as 12"- 24"wide, 24"-40" long and 10"-16" high and refers to L2.2. Detail 8/L2.2 indicates the boulder as 3'- 0"wide and 4'-0" long(height not listed). Please clarify boulder dimensions. A48. The boulder dimensions on Sheet L2.2 control Q49. Signage - Detail 3/L2.3 shows lettering on a cmu wall but does not indicate letter material, size, font, finish, etc. Please provide this information. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 11 A49. Disregard; this wall is not to be constructed. Q50. Either end of the Memorial Pavlhon shows a circle wlthm a circle that would make us believe that it is a SF6B Planter Pot but is not tagged. Is the intent for there to be SF6B at this location? A50. They are SF6B Planter Pots. Q51. Who provides and installs the signage on the Sign Wall 3/L2.3? AM. That wall, which is for mounting Electrical Panel P3, has been deleted from the project. Q52. L2.1, Detail 6 indicates that you should refer to the Structural Drawings for information about the slab. The structural drawings have no information about the concrete slab indicated on this detail. A52. Please disregard Detail 6 on Sheet L2.1, which is a cross-section of the steps at the wedding; there are no such steps. As shown on Sheet C6.2, the elevations around the perimeter of the wedding pavilion match the finished floor elevation. Q53. What size are the two existing water lines being tied into? A53. All water main sizes are indicated on Sheet C7.0. They are generally 4- and 6-inch lines. Q54. The Finish Schedule indicates that P2 is not being used, yet on L1.6 we see P2 identified for parking stalls. Please specify what P2 is to be. A54. Surface P2 is the wire mesh reinforced 6-inch Vehicular Concrete (S47 on the Civil sheets). Q55. What is the structure at the end of the StormTech System? A55. The question is too ambiguous to answer definitively, but we believe the question regards the receiving structure in the StormTech distribution system. Please Sheet C8.2 for StormTech details, in particular, the SC-740 Isolator Row Detail. Q56. What size pipe from AB Structure to the unnamed structure in 1. Above? A56. It is not possible to answer this question at this time. According to Note 1 on Sheet C8.2, the site design engineer, who would be hired by the Contractor, will make this determination. Q57.Are the stall stripes painted or are they pavers as on other sheets? A57. They are white pavers(P3B pavers on the Landscape/Hardscape sheets). Q58. A1.1, Floor Plan does not indicate the location of the coiling doors although there is an unlabeled rectangular box in front of Wl and W2. A3.2, Section 2 shows a coiling door, but does not indicate where it or they are located. Please provide information as to where a coil door is to be installed. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 12 A58.There is no"coiling door" shown on either referenced plan sheet and none is included in the construction. Plan Sheet A1.1 shows only swinging doors and Detail 2 on Sheet A3.3 is a cross-section of the wall between the restrooms. Q59. The plans call for the removal of the existing brick and concrete pavers. Are we to palletize the pavers and return them to the city? Or are we to disposed of them? A59. There is no absolute requirement to preserve the pavers that are removed. As the Schedule of Values (nee Bid Form) indicates for Concrete Pavers, the desire is for the existing pavers to be reused (see Note, "existing concrete pavers to be salvaged and reused to the extent possible."The need for their removal is based on the change in location of paver surfaces. It is for the Contractor to decide whether the cost of preserving the pavers is justified. If the existing concrete pavers are reused,then they will need to be randomly mixed into the new paver surfaces. Q60. According to the typical section for Oakland Ave on sheet C8.1, we are to install 6"of limerock/crushed concrete accompanied with vehicular pavers. However, there is no pay item for 6" limerock. Are we to include the cost for the roadway base under the vehicular paver pay item? Secondly, we are given typical sections for heavy duty pavement and light duty pavement. Yet, we are not provided with a pay item for the 8" limerock. Can you confirm under which pay item we are to include the roadway base cost for light duty pavement? A60. The cost of pavers is an in-place reference, which includes the required base construction. Vehicle pavers will always be installed on a base and all base layers will support a paver surface, so there is no need for separate pay items. Since the bid has been changed to a lump-sum price,the details of the Schedule of Values (nee Bid Form) should not impact the bid price. Q61. L1.6 points out a trellis system with swings. L2.0 states the same thing but does not reference any specifications but does refer to Ll. 1. LI .1 has no information on this trellis or swings. Specification section 061053, as listed in the specifications as Exterior Architectural Woodwork Index, contains no information about the trellis or swings. The correct Specification section 064013, Exterior Architectural Woodwork has no mention of the trellis or swings. Please provide information and details for this trellis and the model/manufacturer of the swings. A61. L2.0 describes Feature S3 noted on Sheet L1.1 as a Poligon structure,which is further described on Sheet LS 1.1. Q62. As best as can be determined from the Civil and Hardscape plans the only teature area among the three items; Memorial Plaza, Wedding Pavilion, and the third unnamed area East of the existing house, the Wedding Pavilion is the only area with a concrete sub base for the pavers which we have assumed to be a 4" slab. Is that conect? A62. The reference in such drawings as those shown on Sheet L2.1 is for a paver base constructed from "4"Thick Conc. Fine Sub-base" (emphasis added). This is crushed concrete recovered from prior construction. There are no concrete slab sub-bases. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 13 Q63. Bid Form, page 3, under Specialty Hardscape list, Item 3 states that there is to be a concrete base consisting of 222 SY. I find nothing at this pavilion location that would come up to 222 SY. Please explain. A63. This is no longer a bid form, so the quantity is not material. Q64. Does the sidewalk with pavers leading from the existing sidewalk to the Wedding Pavilion have a concrete sub base, as well? A64. As noted above, there is no concrete sub-base for pedestrian pavers in the project. Q65. 1. The Invitation to Bid has some contradictions related to contract time, stating "Construction time will be substantial completion by October 15, 2018 and October 30, 2018 final completion." and reiterates these dates again in Article 3.1 with liquidated damages of$1000/day. However Page 21 of the ITB states partial completion deadlines of March 1st and April 1st for limited scopes, and indicates the restroom and concession building has no completion date. a. Please confirm that the October/November finish dates are erroneous b. Please confirm how soon an award will be made, and Notice to Proceed granted after bids are turned in, so that bidders will calculate their schedules apples-apples. c. Please confirm there will be no liquidated damages as part of this contract since no substantial or final completion dates or calendar days have been given. A65. The above questions have been answered in previous paragraphs. Substantial completion and final completion dates will be established prior to the City's issuing the Notice to Proceed. Q66.The provided bid form does not include a place for general conditions, insurance, and GC fee. Please advise how you would like us to include these costs in our proposal. A66. The price to be proposed is a lump sum, which should include the cost for general conditions, insurance, and other direct and indirect costs. Q67. On page#13 of the Invitation to Bid form, the section for "Contract" states that substantial completion is to be by October 15th, 2018 and final completion is to be by October 30th, 2018. Please advise the next correct dates for substantial completion and final completion. A67. As noted earlier, these dates should be omitted from the sample Contract. Q68. Our Landscape and Irrigation subcontractors are saying that the missing sheets (IR3.0, IR3.1, and IR3.2)that were recently sent and missing from the prior sets issued are not legible. Please provide higher resolution copies of these sheets in order for the cost or Irrigation to be determined. A68. These plan sheets have been re-uploaded to Demandstar and are a part of this addendum. Q69. Page 14 of the ITB says that we must use Superior Waste Services of Florida, Inc.; however, in looking to get a quote on dumpster services, we are not able to find a company by that name. We are able to find a company named Superior Trash, but they are out of Clearwater, FL. Can you please Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 14 provide the contact number of your specified waste collection company? A69. You should disregard this company name. There is no mandate to use a specific company. Q70. Exhibit "B" Unit Price Bid Form; there is no line item on the bid form for the cost of mobilization, bonds and insurance, temporary facilities, surveying, superintendent, administrative activities, security, restoration, clean-up, overhead and profit, maintenance of traffic, demobilization and etc A70.The bid has been changed to one requiring a lump-sum bid. The listed pay items are not needed on a Schedule of Values. Q71. Where should the contractor list these expenses? A71. See answers to previous questions. Q72.The architect included no landscape notes. There are usually pages or two which discuss mulch, staking, palm specifics, and other general information needed to submit accurate count. A72. Landscape notes are provided on Sheet L3.8. Q73. We need to find a substitute for the Augustina Live Oak, as there are none in the 6" caliper specimen; can only find some way small or twice as large. A73. Alternative species may be considered by the City and the Contractor in consultation with the design firm during product submittal. Q74. Our bid will substitute the Bald Cypress that was specified; only available in North Georgia,to a local variety. A74. Each Bidder is free to base their bid on any particular set of products, but the plans and specifications will not be altered prior to award. Alternative species may be considered by the City and the Contractor in consultation with the design firm during product submittal. Q75. Bermuda grass selected was also a variety not available locally, plus we need more specifics on the soil mixture. A75. The specified sod has been used at other City facilities. See Landscape Notes on Sheet L3.8 for more guidance on soil preparation. Q76. Please provide higher resolution copies of Irrigation plan sheets. A76. Higher resolution plan sheets are available on Demandstar. Q77. Does the concrete pavement have a color? If so, what is the color? Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 15 A77.There is no requirement for concrete coloring materials. Q78.The door schedule refers to a hardware schedule;however,no hardware schedule or group descriptions have been provided. A78. The door hardware is described in Specification Manual Section 087100. Q79.The following items are in question: • Item#23,don't see a location of this?Form calls for(10). • Item#25, I don't see any on the drawing and it's not listed in the fixture schedule. • Item#26,I don't see any on the drawing and it's not listed in the fixture schedule. • Item#27,I don't see any on the drawing and it's not listed in the fixture schedule. • Item#28,I don't see any on the drawing and it's not listed in the fixture schedule. • Item#29,I don't see any on the drawing and it's not listed in the fixture schedule. • Item#30,I don't see a phone board on the drawings. A79. All of these questions are answered by referring to the Architectural Electrical plan sheets Q80.Will approved equals be listed before the close of the bid or is this something that will be handled after the close? A80. No. Product submittals are considered after the award is made. Bids should be based on specified products. \ktaal 411'17rik Vanessa Anthony Purchasing Technician cc:Al Butler,Director of Support Services Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 16 BID #ITB 19003 LAKEFRONT PARK IMPROVEMENTS REVISED BID FORM TOTAL LUMP SUM BID: $ . Dollars and Cents Company Name Authorized Signature Name/Title (print) Professional License Number PROJECT SCHEDULE The area involved in the Lakefront Park Phase 1 construction project will be used for two city-supported events.The Lakeshore Drive corridor will be used for both events: 1. Spring Fling—March 10, 2019 2. West Orange Chamber of Commerce's Best Fest—April 11, 2019 It is the City's desire that the on-street parking and sidewalk reconstruction on Lakeshore Drive be finished in time for the Spring Fling event, with the Restroom Building completed in time for the Best Fest event. If these milestones cannot be met within your expected construction timeline, then we will need the Lakeshore Drive corridor to be free of construction activities and be in a condition allowing its use by pedestrians and vendors. Developing and adopting a final construction schedule will be part of the contract negotiation process prior to commencement of construction. However, the City will consider whether a Respondent bidder has committed to meeting these milestone dates in making its award decision. Please indicate below whether you are committing to the desired completion dates for the designated project elements or if you are proposing different dates for these items to be completed. You should propose only a single total bid price and set of milestone completion dates.You should NOT provide a base bid and additional "schedule" bids based on meeting specific component completion dates. 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' - I 4111)(11)CD epa) e__ ED ED CD , ' 7: i "15i'----"°' ".• CD ED .CD r,,,,,i, -0, ED ,..-.,,:..., -..; L' i,„ ,,.: 1.s....4..... .,;,.,;:, ......, -,.. --....., iWOJOJflJiN . . ri r , ..,.. 1_1 r.--- i • Mayor Commissioners Rusty Johnson John Grogan,District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District Robert Frank George Oliver III, District 4 Ocoee florido November 7, 2018 ADDENDUM NO: ONE (1) CITY OF OCOEE #ITB-19003 Lakefront Park Improvements Phase 1 This addendum shall modify and become a part of the original bid documents for the Ocoee Lakefront Park Improvements Phase 1. This addendum consists of fifty-seven (57) pages. Bidders shall acknowledge receipt of this Addendum in the space provided on page 20 of the bid documents. Failure to do so may subject the bidder to disqualification. The bid date remains the same. *IMPORTANT NOTE ON REVISED BID FORM (ATTACHED): This bid form has been revised to require a lump-sum price, and the previous unit price Bid Form is now a Schedule of Values. Bidders must use the attached Revised Bid Form or your bid will be disqualified. Bids shall be submitted per the plans and the specifications, including this addendum, for the complete ready to use project. The previous bid form, which is now a Schedule of Values, must be submitted by the successful bidder prior to the City' issuing a Notice of Commencement. Prospective bidders may treat the former bid form (now the Schedule of Values) as an indicator of the work required, but errors and omissions in project components or quantities will not result in a change order. The selected Contractor must deliver the complete project ready for use by the City, as shown on the plans and described in the specifications, for the Lump Sum Bid Price. Change orders will only be considered if a modification is made to the plans and/or specifications. Specification (Project Manual and Plans) Changes: 1. The Dates in the contract of October 1, and October 15 on page are removed. 2. The Completion dates in the scope are desired but NOT MANDATORY. A new Project Schedule Form (attached) is required for each Bidder to indicate what milestone dates it commits to meet. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 1 3. Additional Plan Sheets L3.8, LS1.1, IR3.0, IR3.1, IR3.2, omitted in pages 11-25, and ES-001, ES-002 are attached hereto. 4. Architectural plan sheets have been updated to provide additional information. The revised sheets are on Demandstar. They clarify the extent of foamed-in-place insulation, louver information, and details; and revised and added dimensions. Bid Solicitation Changes: 1. Additional plans sheets referenced at the Pre-Bid Conference are attached to this Addendum and posted as a PDF on DemandStar(ES-001, ES-002). 2. Only the electrical components of the early start scope of work have been completed. The early-start sidewalk was not constructed and is now within the scope of this solicitation. All sidewalks shown on Sheet LI.4 are to be constructed by the Contractor. 3. D23 is no longer applicable; this electrical lighting has already been removed. 4. All Benches shown on the plans shall be supplied by the City from its stock of existing equipment or through the City's purchase of new units. The Contractor will only be required to provide the concrete pad and mount the bench provided by the City. 5. The brick walls listed on the Statement of Values (nee Bid Form) on Line 20 and shown on Sheet ES-002 for mounting Electrical Panel 3 and Stage Connection Panel 2 near the boat ramp are to be excluded from the project. These panels have already been installed on concrete posts and Unistrut. The City may, at a future time, seek a change order to construct a less elaborate enclosure for these panels. Answers to questions received and/or amendments to the RFP documents are as follows: Q1. Hardscape Detail Sheet L2.3 has a detail for the fence and column (5). The detail calls out the top railing and post to be white and the bottom rail to be black. The aluminum pickets don't specify a color. Please confirm the color of all components of the fence Al.All fence elements are to be white. Q2. Spec section 323119 calls out manufacturers that don't make this fence. The Architect is calling for 1 ''/2" sq. pickets & 2"x 2"rails. This is all custom. The largest pickets those manufacturers make are 1"picket. 1 3/4"rails is the largest. A2.All products should be an available manufacturer's standard option. If the specified product is not commercially available off the shelf,then the product submittal process will reveal that fact and allow the City to accept an alternative to the unavailable product that was specified. Bid the work according to the closest available standard commercial product Q3. Invitation to Bid General Terms and Conditions Part 12 Contract indicates a substantial completion date of October 15, 2018 and a final completion date of October 30, 2018. Please provide correct substantial completion and final completion dates, and indicate a desired notice to proceed date. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 2 A3. See the note, above, that states these dates are to be removed from the solicitation's example Contract. Q4. Invitation to Bid Exhibit A Scope of Work indicates work involving Bill Breeze Field and Lakeshore Drive"must"be completed by March 1, 2019 for the Spring Fling event; and off-street parking areas and Oakland Avenue"must" be finished by April 1, 2019 for the Best Fest event. It was mentioned at the prebid meeting that work for these areas is"desired"to be finished by the dates provided. Please confirm. A4. We can confirm that the described dates have been modified to desired milestones. A new Project Schedule Form is included in Addendum 1 to allow Respondents to indicate what project production milestone dates they can meet. Q5. Exhibit B Bid Form Details tab includes scope of work items with quantities and requires unit prices to be entered. Please indicate if this will be a"Lump Sum" contract or a"Unit Price" contract. A5. The project is now a Lump Sum solicitation. Unit prices will be used in case of changes in quantity are required during preconstruction negotiations or performance of the work. A change order will be issued for any changes to the plans and/or specifications that impact the cost of the work. Q6. Exhibit B Bid Form contains two tabs: Details tab includes scope of work items and quantities; and a Summary tab that is linked to the Details tab. All of the Summary tab line items contain formulas with reference errors. Please verify if we are to use the Summary tab and if so, provide a revised bid form with the correct formulas. A6. The Summary tab of the Schedule of Values does not apply to the bidding process and may be deleted from the Excel file. Q7. Exhibit B Bid Form Details tab includes scope of work items with quantities and requires unit prices to be entered. Because of the number of unit prices to be entered, please indicate if we can provide this filled out form within 24-48 hours after the bid deadline. A7. The Bid Form has been changed to a Lump Sum format and the former detailed Bid Form has been changed to serve as a template for a Schedule of Values to be supplied by the Contractor prior to issuance of a Notice to Proceed. Please use the attached Lump Sum Bid Form. Q8. Exhibit B Bid Form Details tab includes scope of work items with quantities and requires unit prices to be entered. Please indicate how we are to handle discrepancies if our quantities differ from the quantities shown on the bid form. A8. Respondents should submit per the attached Lump Sum Bid Form. Quantities should not be shown on the Contractor's Schedule of Values derived from the former unit-price Bid Form. Q9. Exhibit B Bid Form Details tab Part C Lighting and Electrical Service Item #30 lists a "Telephone terminal board"but there is no quantity or unit provided. Please provide a quantity and unit for this item. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 3 A9. The quantity is zero (0). This pay item should not be included in the Contractor's Schedule of Values. Q10. Missing Plans - In downloading Plans 7 of 14 from Demandstar it was discovered that there are five plans duplicated (L2.2, L2.3, L2.4, L3.1 and L3.2) and five plans missing(L3.8, LS 1.1, IR3.0, IR3.1 and IR3.2). Please re-issue Plans 7 of 14 with the correct 15 drawings. A10. These documents appear to have been omitted due to a technical error and have been uploaded to DemandStar under Clarification. Q11. Picnic Station To Be Removed - Drawing C4.0 shows the existing Withers-Maguire House with Note D5, indicating picnic station to be removed. Please clarify which picnic station is to be removed. All.Note D5 on Sheet C4.0 does not apply to the area around the Withers-Maguire House. That sheet also shows the lakefront area, where multiple picnic stations are shown to be removed. Q12. Existing Trees To Be Removed - Drawing C4.0 shows trees to be removed with an X inside a dotted circle but the X blocks out the tree size and species. Please show the size and species of the trees to be removed. Al2. The subject trees may also be found on the survey sheets, where notation as to size and species is not obscured. Q13. Brick Paver Bands - Drawing LI.2 shows brick paver type 3B separating the crosswalk pavers and the other street pavers. There are un-labeled bands separating the parking area pavers and the street pavers. Please indicate if these are type B3 pavers also. A13. We believe the question refers to the required ADA crosswalk tactile notification pads. Q14. Existing Veteran Monuments - It was mentioned at the prebid meeting that the relocation of the existing veteran monuments is not in our contract. Please confirm. A14. We can confirm that the City plans to work with a monument firm to relocate the granite monuments from the existing Veterans' Memorial site to the new site west of the Withers-Maguire House. Q15. Existing Lift Station Equipment - It was mentioned at the prebid meeting that the removal of the existing lift station equipment is not in our contract. Please confirm. A15. The lift station relocation is being handled under a separate contract and is not within the scope of work for the Lakefront Park Improvements Phase 1 project. Q16. Existing Tree Removal - It was mentioned at the prebid meeting that the removal of some of the existing trees is not in our contract. Please confirm. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 4 A16. A map sheet has been included in the Addendum to indicate those trees that have been removed by the City and/or another contractor prior to the date of this response. Q17.Existing Underground Electrical Removal- It was mentioned at the prebid meeting that the removal of some of the existing underground electrical is not in our contract. Please confirm. A17. We are unaware of any underground electrical facilities to be removed.The City is working under the Lakeshore Center Expansion contract to relocate underground electrical service from its current overhead connection to a ground-based transformer. This work is expected to occur after bid opening for Phase 1. If necessary,the City will work with the selected Phase 1 Contractor to make any project-specific accommodations needed as a result of putting power service underground. Q18. Existing Flagpole- It was mentioned at the prebid meeting that the relocation of the existing flagpole is in our contract. Please confirm A18. We can confirm that relocation of the Veterans' Memorial flagpole remains within the scope of the Lakefront Park Improvements Phase 1 project. Q19. There are two references on this plan for D17. The keynotes do not indicate what D17 is. What is D-17? Jj HAT IS Jc wIV • 2/11 D17 mirk A19. D17 refers to existing domestic water backflow prevention assemblies for irrigation system supply.These are to be relocated. Q20.There is one reference on this plan for D19. The keynotes do not indicate what D19 is. What is D-19? 4 44•V + 41k* 41016.411i i►�i�..�►_ .104-0,46.74- • i r Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 5 A20. D19 is a semi-circular brick entrance sign.There are two at the current entrance to the south Lakeshore Center parking area on Oakland Avenue. Q21.There is one reference on this plan for D18. The keynotes do not indicate what D18 is. What is D-18? bWHAT I D :/ A „At D18 \\* ; 4\e"fir 41111V A21. D18 is a 12' x 16' roofed open pavilion.This structure has already been demolished and is no longer in the scope of the Park project. Q22.There is one reference on the Keynotes where there is both D24 and D25. Where are these located on the plans? A22.D24 callouts are shown in the lower right corner of Sheet C4.0 in the area of the planned Restroom/Concession Building. D25 no longer applies. Q23.There is a heavy black line near bottom of page, left of center. What does this line represent? H 'T I K► LINE. • ► 46, A23.The line represents an existing water main that is to be protected during construction. It may be impacted by construction of new water mains in the area to serve the relocated City Hall and/or reconstruction of Oakland Avenue. Q24.The sidewalk to the right of the parking lot at the right of the page is labeled as an S4b but does not confirm to any marking on the legend. What is the intent here? Is this .u'Not identified as ew sidewalk mP, IT Addendum#1 ITE 19003 Lakefront Park Improvements Phase 1 Page 6 I A24.The intent is for the selected contractor to build the sidewalk, as shown on the plans.All sidewalks with no pattern fill should be treated as if it had the fill for the sidewalk type indicated by the related callouts. In this case,the sidewalk specified is S4b. Q25. This legend marking is used for certain areas,but not identified either in the Legend or m the keynotes. What is intended at these locations? ♦��•••�,•••�4 i•ii•i�i•� • iii• •ii 4 •ii•i�ii• 4 ♦i�i•i�ii 4 •••i•i•.i.4 A25.As shown in the Legend on Sheet C4.0,the crosshatch fill pattern is used to denote asphalt pavement and buildings to be removed during demolition. Q26. There are two bench locations that do not have a concrete identification under them. Is the intent to have these two benches sit on a concrete slab? .r. there concrete under Nil the bench. - A26.The description of a Bench given in the Statement of Values(nee Bid Form) on Lines 81 and 82 includes both the metal bench and the concrete pad on which it is mounted. (See related note, below.) Q27. There are two areas one on the east and one on the west of the existing house. Are these brick pavers laid in a herringbone configuration?If not, what is it? ;yyyyyt T• A27. Sheet L1.5 shows in a callout that the areas of pavers on the east side of the House are to have a herringbone pattern. This direction is repeated for the west-side paver area on Sheet L2.4. Addendum#1 IT13 19003 Lakefront Park Improvements Phase 1 Page 7 Q28. The sidewalk to the West of the existing house appears to be brick pavers but there is no keynote.Are these new brick pavers? 1 el 1 A i111/1 Ii444444 11 .1. 11 ' ... .i ■ . PV II..,..`1-r'. 4,444.4.14I i CI ' C . Ther :is:.no,,keyote. . n .....=,,,,=:,..... ..1./,11. 1..... 1/.11. E , �•/. .11.1 111 .r�.w1+ 1 e,brick..pavers. 11.114,441 : ksThisenGw? " \ , . 4 i. 11 1 ..... .41.4/.144/.....4..111...l44 ,1 d A28. The direction for this sidewalk is shown on the Hardscape design pages; please see Sheet L1.5 for the sidewalks around the House. Q29. The pavilion area and the sidewalk to this pavilion show what appear to be brick pavers installed in a herringbone Pattern. Is that correct? rs! tul9 A_i° tof II 4s4 A29.As noted above, direction for paver patterns is given on the Hardscape design pages; please see Sheet L2.4 for more guidance. Q30. There is a crosswalk on E. Oakland Ave where the S45 is used for the main body of the roadway. Are these brick pavers laid in a herringbone pattern?Is so; is there any additional requirement for the base supporting these brick pavers? Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 8 e4444..4,14,.; ekirte ► ♦"4 4 44 44 'h♦%;es A %%%%%%% P4$4 `i'- •1 % 1 444 IIi► I • 1I♦ ��i�i�ii *AO A30. The subject crosswalk pavers are laid in a herringbone pattern. The base supporting the crosswalks should be the same as that for other portions of the roadway. Please note that the crosswalk borders on roads and driveways having a brick paver surface are to be constructed using two rows of white paver bricks;these are not concrete ribbons. Q31. Your site on Demandstar indicates Item number 19 as being "Omitted Plans Sheet 7 of 14.' There is some confusion with the wording for this item. Does it mean that we are to delete Sheet 7 or was it simply provided for someone who did not download this sheet on prior downloads? A31. Please replace plan sheet 7 of 14 with the ones provided in this addendum. When the document originally uploaded, some of the documents did not upload properly. Q32. During the Pre-Bid it was indicated that the demolition of trees, as indicated on C4.0, was incorrect since several of the trees have already been removed. When will the Addenda be issued indicating the correct demolition of the trees? A32. This is that addendum. Q33. On this drawing it appears that Lakeshore Drive is to receive pavers. Is that the case? NOTE: The only reason that this question is being asked is because there are many other items on the plans that are not identified either with Keynotes or identified with the Features Legend identifications. An example would be the sidewalk indicated on this plan. A33.No. Lakeshore Drive already has a concrete paver surface. Please look at ALL plans sheets. You cannot expect to view a single plan sheet and have all the information for a particular improvement. Q34. Does the sidewalk bordering E. Oakland Avenue have a turned down curb? A34. According to the callout on Sheet C5.3, this sidewalk is Type S43. As shown in the Site Layout Keynotes on this same page, this type is "Concrete Sidewalk with Turndown Curb." Q35. A note on this plan indicates that we must repair and replace concrete pavers in the parking stalls. What percentage of replacement pavers should be anticipated so that everyone is providing a comparable price for the work in this area? A35. The intent of this note, and a similar one on Sheet C4.0, is to instruct the Contractor to provide a level and consistent surface within the parking area; i.e., remove "birdbaths,"replace gravel, etc. The Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 9 project will reduce a roughly 40-foot deep parking area to one half that size. This can be done with a sawcut along the alignment of the new curbing/sidewalk and removal of the parking area that should be converted to a sod ground cover. You should assume that no pervious pavers you remove will be reusable. There is no requirement to remove the entire area of pervious pavers that remain and to reconstruct it with new pavers. The City cannot provide a percentage of the area that may be acceptable without any work being needed. Q36. When a sidewalk is identified as S43, does that mean a 4" or 6" sidewalk? A36. The description given on Sheet C5.3 for Sidewalk S43 in the Site Layout Keynote legend says to refer to Detail 6 on Sheet C8.1 to get this answer. The information is available on that drawing. Q37. What Keynote applies to the concrete for the ADA stalls? How thick is the concrete? A37. The Site Layout Keynote for the handicapped parking area says to refer to Sheet L2.0 for a description of Vehicular Concrete. That sheet does not currently have that information. Please use Pavement Type P2, which will be amended in the Addendum to be 3,000 PSI concrete reinforced with 6x6 wire mesh at a depth of six inches. Detail 2 on Sheet C8.1 shows how to build concrete pavement but does not specify a thickness... Q38. There is a crosswalk on Lakeshore Drive. Do the pavers exist? If not, please prove a Keynote. A38. Lakeshore Drive pavers exist; however, on Lakeshore Drive, the sidewalk to the north is new and the one to the south is being relocated. Both will need to be constructed using new pavers at the locations and in the manner shown in the plans. The guidance that applies to paver crosswalks is shown on Sheets L1.2 and L1.4. Q39. Has there been an established budget for the project? A39. The current funding allocation is roughly $2 million. Q40. On sheet L2.0 the structures summary states to match specification SF1A for the Bench Swings. Keystone has advised that they do not make those swings nor recommend their swings be modified for this application. Do you have another specification reference for these items? A40. The direction for the specified swing is to try to match the style of the Reading Bench Product No. REC26C. There is no requirement for Keystone Ridge to supply the product, nor do we expect the standard Reading Bench product to be modified by the Contractor to convert it to a swing. The specified bench has vertical back slats and longitudinal seat slats with a heavy overall appearance. A metal, outdoor, high-quality swing with similar style will be acceptable, without the need for the back to include the City logo. Q41. Sheet C-4 note D2d states to repair and re-use the concrete pavers. How would they be repaired? Where would they be re-used and what quantity would be salvaged? A41. See previous response. Pavers are too fragile to be reused. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 10 Q42.Note D 14; please specify what "Coating " is. A42. "Coating" is an asphalt sealant, such as ArmorSeal A100. The intent is to provide an appearance for those portions of the existing pavement that are retained to match the adjacent new asphalt. Q43.A9.1: Who is providing the trellis? The plan indicates column surrounds and brick bases are by the contractor. Is the trellis to be built by others and the bases w/FRP surrounds built by contractor at a later date? What is the anticipated time frame between these two events? A43. The Trellis is shown on Sheet LS1.1 and is manufactured by Poligon. There is no specific time period that needs to elapse between when the Poligon structure is erected and the column covers are installed. Q44. Is there a quantity associated with pay item no. 30 Telephone Terminal Board? A44. Yes,the quantity is zero. This pay item is to be omitted in the Schedule of Values. Q45. Bid item sheet has a pay item for Type F Curb and Gutter(33471D. Site Layout Plan Sheet 5.2 identifies all curbs as Type D. What type of curb is required? A45. Type"D" curbing is used throughout the project. Line 155 in the former Bid Form should say FDOT Type "D"Curbing. Q46. Omitted Drawings - Omitted drawings L3.8, LS1.1, IR3.0, IR3.1 and IR3.2 were re-issued as 8 `/2 x 11 and are blurry when zooming in. Please provide clear 24 x 36 drawings. A46. These plan sheets have been re-uploaded to Demandstar and are a part of this addendum. Q47. Paver Bands- Drawing C5.2 Typical Crosswalk Paver Detail indicates a concrete band separating the crosswalk pavers and road pavers, and separating the parking pavers and road pavers. The landscape drawings indicate these bands as either vehicular paver P3B or as unlabeled. Please clarify if the bands are concrete or pavers. If concrete, please provide detail showing dimensions, reinforcing, etc. A47. The border bands are to be 24-inch-wide FDOT Type"Drop Curb," as shown on Index 300. Q48. Landscape Boulders - Drawing L2.0 Finish Schedule indicates the landscape boulders as 12"- 24"wide, 24"-40" long and 10"-16" high and refers to L2.2. Detail 8/L2.2 indicates the boulder as 3'- 0"wide and 4'-0" long (height not listed). Please clarify boulder dimensions. A48. The boulder dimensions on Sheet L2.2 control Q49. Signage - Detail 3/L2.3 shows lettering on a cmu wall but does not indicate letter material, size, font, finish, etc. Please provide this information. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 11 A49. Disregard; this wall is not to be constructed. Q50. Either end of the Memorial Pavlhon shows a circle wlthm a circle that would make us belleve that it is a SF6B Planter Pot but is not tagged. Is the intent for there to be SF6B at this location? A50. They are SF6B Planter Pots. Q51. Who provides and installs the signage on the Sign Wall 3/L2.3? A51. That wall, which is for mounting Electrical Panel P3, has been deleted from the project. Q52. L2.1, Detail 6 indicates that you should refer to the Structural Drawings for information about the slab. The structural drawings have no information about the concrete slab indicated on this detail. A52. Please disregard Detail 6 on Sheet L2.1, which is a cross-section of the steps at the wedding; there are no such steps. As shown on Sheet C6.2, the elevations around the perimeter of the wedding pavilion match the finished floor elevation. Q53. What size are the two existing water lines being tied into? A53. All water main sizes are indicated on Sheet C7.0. They are generally 4- and 6-inch lines. Q54. The Finish Schedule indicates that P2 is not being used, yet on L1.6 we see P2 identified for parking stalls. Please specify what P2 is to be. A54. Surface P2 is the wire mesh reinforced 6-inch Vehicular Concrete (S47 on the Civil sheets). Q55. What is the structure at the end of the StormTech System? A55. The question is too ambiguous to answer definitively, but we believe the question regards the receiving structure in the StormTech distribution system. Please Sheet C8.2 for StormTech details, in particular, the SC-740 Isolator Row Detail. Q56. What size pipe from AB Structure to the unnamed structure in 1. Above? A56. It is not possible to answer this question at this time. According to Note 1 on Sheet C8.2, the site design engineer, who would be hired by the Contractor, will make this determination. Q57.Are the stall stripes painted or are they pavers as on other sheets? A57. They are white pavers (P3B pavers on the Landscape/Hardscape sheets). Q58.A1.1, Floor Plan does not indicate the location of the coiling doors although there is an unlabeled rectangular box in front of Wl and W2. A3.2, Section 2 shows a coiling door, but does not indicate where it or they are located. Please provide information as to where a coil door is to be installed. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 12 A58. There is no "coiling door" shown on either referenced plan sheet and none is included in the construction. Plan Sheet A1.1 shows only swinging doors and Detail 2 on Sheet A3.3 is a cross-section of the wall between the restrooms. Q59. The plans call for the removal of the existing brick and concrete pavers. Are we to palletize the pavers and return them to the city? Or are we to disposed of them? A59. There is no absolute requirement to preserve the pavers that are removed. As the Schedule of Values(nee Bid Form) indicates for Concrete Pavers,the desire is for the existing pavers to be reused (see Note, "existing concrete pavers to be salvaged and reused to the extent possible."The need for their removal is based on the change in location of paver surfaces. It is for the Contractor to decide whether the cost of preserving the pavers is justified. If the existing concrete pavers are reused, then they will need to be randomly mixed into the new paver surfaces. Q60. According to the typical section for Oakland Ave on sheet C8.1, we are to install 6" of limerock/crushed concrete accompanied with vehicular pavers. However, there is no pay item for 6" limerock. Are we to include the cost for the roadway base under the vehicular paver pay item? Secondly, we are given typical sections for heavy duty pavement and light duty pavement. Yet, we are not provided with a pay item for the 8" limerock. Can you confirm under which pay item we are to include the roadway base cost for light duty pavement? A60. The cost of pavers is an in-place reference, which includes the required base construction. Vehicle pavers will always be installed on a base and all base layers will support a paver surface, so there is no need for separate pay items. Since the bid has been changed to a lump-sum price, the details of the Schedule of Values (nee Bid Form) should not impact the bid price. Q61. L1.6 points out a trellis system with swings. L2.0 states the same thing but does not reference any specifications but does refer to Ll. 1. Ll .1 has no information on this trellis or swings. Specification section 061053, as listed in the specifications as Exterior Architectural Woodwork Index, contains no information about the trellis or swings. The correct Specification section 064013, Exterior Architectural Woodwork has no mention of the trellis or swings. Please provide information and details for this trellis and the model /manufacturer of the swings. A61. L2.0 describes Feature S3 noted on Sheet LI.1 as a Poligon structure, which is further described on Sheet LS 1.1. Q62. As best as can be determined from the Civil and Hardscape plans the only teature area among the three items; Memorial Plaza, Wedding Pavilion, and the third unnamed area East of the existing house, the Wedding Pavilion is the only area with a concrete sub base for the pavers which we have assumed to be a 4" slab. Is that conect? A62. The reference in such drawings as those shown on Sheet L2.1 is for a paver base constructed from "4"Thick Conc. Fine Sub-base"(emphasis added).This is crushed concrete recovered from prior construction. There are no concrete slab sub-bases. Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 13 Q63. Bid Form, page 3, under Specialty Hardscape list, Item 3 states that there is to be a concrete base consisting of 222 SY. I find nothing at this pavilion location that would come up to 222 SY. Please explain. A63.This is no longer a bid form, so the quantity is not material. Q64. Does the sidewalk with pavers leading from the existing sidewalk to the Wedding Pavilion have a concrete sub base, as well? A64. As noted above,there is no concrete sub-base for pedestrian pavers in the project. Q65. 1. The Invitation to Bid has some contradictions related to contract time, stating "Construction time will be substantial completion by October 15, 2018 and October 30, 2018 final completion." and reiterates these dates again in Article 3.1 with liquidated damages of$1000/day. However Page 21 of the ITB states partial completion deadlines of March 1st and April 1st for limited scopes, and indicates the restroom and concession building has no completion date. a. Please confirm that the October/November finish dates are erroneous b. Please confirm how soon an award will be made, and Notice to Proceed granted after bids are turned in, so that bidders will calculate their schedules apples-apples. c. Please confirm there will be no liquidated damages as part of this contract since no substantial or final completion dates or calendar days have been given. A65. The above questions have been answered in previous paragraphs. Substantial completion and final completion dates will be established prior to the City's issuing the Notice to Proceed. Q66.The provided bid form does not include a place for general conditions, insurance, and GC fee. Please advise how you would like us to include these costs in our proposal. A66.The price to be proposed is a lump sum, which should include the cost for general conditions, insurance, and other direct and indirect costs. Q67. On page#13 of the Invitation to Bid form, the section for "Contract" states that substantial completion is to be by October 15th, 2018 and final completion is to be by October 30th, 2018. Please advise the next correct dates for substantial completion and final completion. A67.As noted earlier, these dates should be omitted from the sample Contract. Q68. Our Landscape and Irrigation subcontractors are saying that the missing sheets (IR3.0, IR3.1, and IR3.2)that were recently sent and missing from the prior sets issued are not legible. Please provide higher resolution copies of these sheets in order for the cost or Irrigation to be determined. A68.These plan sheets have been re-uploaded to Demandstar and are a part of this addendum. Q69. Page 14 of the ITB says that we must use Superior Waste Services of Florida, Inc.; however, in looking to get a quote on dumpster services, we are not able to find a company by that name. We are able to find a company named Superior Trash, but they are out of Clearwater, FL. Can you please Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 14 provide the contact number of your specified waste collection company? A69. You should disregard this company name. There is no mandate to use a specific company. Q70. Exhibit "B" Unit Price Bid Form; there is no line item on the bid form for the cost of mobilization, bonds and insurance, temporary facilities, surveying, superintendent, administrative activities, security, restoration, clean-up, overhead and profit, maintenance of traffic, demobilization and etc A70. The bid has been changed to one requiring a lump-sum bid. The listed pay items are not needed on a Schedule of Values. Q71. Where should the contractor list these expenses? A71. See answers to previous questions. Q72.The architect included no landscape notes. There are usually pages or two which discuss mulch, staking, palm specifics, and other general information needed to submit accurate count. A72. Landscape notes are provided on Sheet L3.8. Q73. We need to find a substitute for the Augustina Live Oak, as there are none in the 6"caliper specimen; can only find some way small or twice as large. A73.Alternative species may be considered by the City and the Contractor in consultation with the design firm during product submittal. Q74. Our bid will substitute the Bald Cypress that was specified; only available in North Georgia,to a local variety. A74. Each Bidder is free to base their bid on any particular set of products, but the plans and specifications will not be altered prior to award. Alternative species may be considered by the City and the Contractor in consultation with the design firm during product submittal. Q75. Bermuda grass selected was also a variety not available locally, plus we need more specifics on the soil mixture. A75. The specified sod has been used at other City facilities. See Landscape Notes on Sheet L3.8 for more guidance on soil preparation. Q76. Please provide higher resolution copies of Irrigation plan sheets. A76. Higher resolution plan sheets are available on Demandstar. Q77. Does the concrete pavement have a color? If so, what is the color? Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 15 A77.There is no requirement for concrete coloring materials. Q78. The door schedule refers to a hardware schedule;however,no hardware schedule or group descriptions have been provided. A78. The door hardware is described in Specification Manual Section 087100. Q79.The following items are in question: • Item#23,don't see a location of this?Form calls for(10). • Item#25, I don't see any on the drawing and it's not listed in the fixture schedule. • Item#26,I don't see any on the drawing and it's not listed in the fixture schedule. • Item#27,I don't see any on the drawing and it's not listed in the fixture schedule. • Item#28,I don't see any on the drawing and it's not listed in the fixture schedule. • Item#29, I don't see any on the drawing and it's not listed in the fixture schedule. • Item#30,I don't see a phone board on the drawings. A79. All of these questions are answered by referring to the Architectural Electrical plan sheets Q80.Will approved equals be listed before the close of the bid or is this something that will be handled after the close? A80. No.Product submittals are considered after the award is made. Bids should be based on specified products. II CP* gaPiikft P " )t Vanessa Anthony Purchasing Technician cc:Al Butler,Director of Support Services Addendum#1 ITB 19003 Lakefront Park Improvements Phase 1 Page 16 6 BID #ITB 19003 LAKEFRONT PARK IMPROVEMENTS REVISED BID FORM TOTAL LUMP SUM BID: $ Dollars and Cents Company Name Authorized Signature Name/Title (print) Professional License Number PROJECT SCHEDULE The area involved in the Lakefront Park Phase 1 construction project will be used for two city-supported events.The Lakeshore Drive corridor will be used for both events: 1. Spring Fling—March 10, 2019 2. West Orange Chamber of Commerce's Best Fest—April 11, 2019 It is the City's desire that the on-street parking and sidewalk reconstruction on Lakeshore Drive be finished in time for the Spring Fling event, with the Restroom Building completed in time for the Best Fest event. If these milestones cannot be met within your expected construction timeline, then we will need the Lakeshore Drive corridor to be free of construction activities and be in a condition allowing its use by pedestrians and vendors. Developing and adopting a final construction schedule will be part of the contract negotiation process prior to commencement of construction. However, the City will consider whether a Respondent bidder has committed to meeting these milestone dates in making its award decision. Please indicate below whether you are committing to the desired completion dates for the designated project elements or if you are proposing different dates for these items to be completed. You should propose only a single total bid price and set of milestone completion dates.You should NOT provide a base bid and additional "schedule" bids based on meeting specific component completion dates. COMPANY NAME Check one for March 10, 2019 Spring Fling— ❑ Will commit to completing work in the Lakeshore Drive corridor by March 8, 2019. OR ❑ Will commit to completing the Lakeshore Drive corridor by Check one for April 11, 2019 Best Fest- ❑ Will commit to meeting an April 9, 2019 completion date for the Restroom Building. OR ❑ Will commit to completing the Restroom Building by Regardless of the choices indicated above, the Respondent understands and commits that the Lakeshore Drive corridor, within the project construction limits, will be safe for use by pedestrians and vendors by March 8, 2019. 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