HomeMy WebLinkAboutIII (C) Approval and Authorization to Award Bid #B02-04 for Construction of Freedom Park to Pooley Enterprises Inc., for $645,239.32 and Authorization for Mayor and City Clerk to Execute an Agreement Agenda 9-17-2002
Center of Good Li Item 111 C
Mayor .Sbe P1/28 Commissioners
S. Scutt Vandergrift Danny Ilowell, District 1
Scott Anderson, District 2
City Man Manager � ,� Rusty Johnson, District a
Jim Gleason t' _ Nancy J. Parkcr, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Joyce Tolbert, CPPB, Buyer
THROUGH: Wanda Horton, Finance Director
DATE: September 5, 2002
RE: B02-04 Construction of Ocoee's South (Freedom) Park
ISSUE:
Should the City Commission select Pooley Enterprises, Inc. to construct Ocoee's South
(Freedom) Park?
BACKGROUND & DISCUSSION:
The new park is part of the City's Capital Improvement Plan. Funding for this project will come
from the Florida Recreation Development Assistance Program (FRDAP) Grant and the 1998
Capital Improvement Bond.
The bid was advertised on July 7, 2002, and publicly opened on August 6, 2002. Responses
were received from the following companies:
1) Pooley Enterprises, Inc. $645,239.32
2) Seacoast Constructors $722,222.50
3) Speegle Construction $723,900.00
4) A.D. Arnold Construction $726,000.50
5) D.J. Haycook Construction $741,000.00
6) Strickland Construction $741,624.86
7) Hunter-Nelson $753,471.33
8) Abba Construction $804,421.75
9) Strobl Construction $893,738.00
Attached is a copy of the bid from Pooley Enterprises, Inc. along with the bid tabulation sheet.
Copies of all bids are available in the Finance Department for your review.
The bids were reviewed by the Recreation Department, Finance Department, and Herbert
Halback, Inc. Staff recommends awarding the bid to Pooley Enterprises, Inc. as the m t
responsive and responsible bidder, per the attached memos from Johnny Farmer, Rec/eatio
Director and Rick Magley, Principal, Herbert Halback, Inc.
C ay of Ocoee • ISO N Lakeshore Drive • Ocoee. 1 Iorida 34761
phone-(407)905-,10D• tax: (407)656 8504 • is uw_ci_ocoee.11.un
p. 2 B02-04 Freedom Park
STAFF RECOMMENDATION
It respectfully is recommended that the City Commission award Bid #B02-04 to Pooley
Enterprises, Inc., and authorize execution of the agreement between the City and Pooley
Enterprises, Inc. by the Mayor and City Clerk, and further authorize the Mayor, City Clerk and
Staff to execute all documents necessary to consummate the transaction contemplated by the
agreement.
cc: Johnny Farmer, Recreation Director
e Center of Good Liv
avor .fib og Commissioners
S. Scott Vandergrift Danny I towel!, llwtricl I
• -am Rust Johnson,
istriiot 2
City Manager 19 Rusty ]ohnsnn, U�slriel.:3
Jim Gleason �•il Nancy J. Parker. District 4
•
MEMORANDUM
Joyce Tolbert, Purchasing Agent
FR Johnny Farmer, Recreation Director
September 3, 2002
FW: Awarding Bid for Freedom Park
As indicated in the attached letter from Rick Magley of HHI, the bids for Freedom Park have
been reviewed, and references for the lowest responsible bidder(Pooley Enterprises, Inc.) have
been verified.
The three reference's verified Pooley's performance on similar jobs, as being above average, and
the clients were happy with their performance.
As recommended by HHI, Recreation Staff recommends awarding the contract for the
construction of Freedom Park to Pooley Enterprises, Inc. in the amount of$645,239.32.
Funds for the project will come from Florida Recreation Development Assistance Program Grant
and the Capital Improvement Bond Issue.
If you have any questions or need additional information, please contact me at EXT. 5001.
cc: Jim Gleason, City Manager
Wanda Horton, Finance Director
The City of Ocoee• 150 N Lakeshore Drive•Ocoee. Florida 34761
phone: (407)905-3100•fax: (407)656-8504•www_ci.ocoec Fl.ns
herbii*h L H.•plgodny„{e scape architecture 8 graphic design•315 east robinson street.•suite 505•gdando•fl•32801-1992
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August 27, 2002 ,
Mr. Johnny Farmer
Director of Recreation
City of Ocoee
1820 A.D. Mims Road
Ocoee, Florida 34761
RE: City of Ocoee South Park (AKA Freedom Park)
Dear Mr. Farmer:
We have reviewed the bids for the above mentioned construction project from the nine bidders.
. Pooley Enterprises, Inc. was the low bidder. Their three references verified Pooley's
performance on three similar jobs, as being above average and the clients were quite happy
with their performance.
The total lump sum amount is similar to our estimate, but the individual cost breakdowns were
not. As we stated on the phone and in our emails, the individual breakdowns do not clearly
indicate acceptance of all terms of the contract. A follow up request was made to Pooley to
confirm the items in question were covered in their bid and a follow up clarification letter from
them (copy attached) rectifies our concerns.
We therefore recommend the contract for South Park (AKA Freedom Park) be given to Pooley
Enterprises, Inc. at your earliest convenience. We additionally recommend a Schedule of
Values be provided by the contractor that clearly indicates all of the services involved in the
construction. We make this request according to the provisions of the construction contract
specifically to allow us to better evaluate the interim values of services rendered during
construction for application of payment purposes.
Sinc rely,
ick Mag ey, 7
Principal
JRM/jih
Enclosure -
c: Cornelia Russig, HHI 1 .
Project File 2018.4
m 400.477.1449 a 07.1n•0524 ,emal 741140 g@wm ® www.hhidnign.cam. FL Lk.4 LC C0000Z1
center of Good
Mavvr .tb Commissioners
S. Scott Vandergrift ti""'!^` �'-"�►wY� Danny Howell, District 1
Scott Anderson, District 2
City Manager _- > �®tri - Rusty Johnson,District 3
Jim Gleason �"$$�� - - - Nancy J. Parker, District 4
MEMORANDUM
Joyce Tolbert, Purchasing Agent
Johnny Farmer, Recreation Director
E: September 3, 2002
Awarding Bid for Freedom Park
As indicated in the attached letter from Rick Magley of HHI,the bids for Freedom Park have
been reviewed, and references for the lowest responsible bidder(Pooley Enterprises, Inc.)have
been verified.
The three reference's verified Pooley's performance on similar jobs, as being above average, and
the clients were happy with their performance.
As recommended by HHI, Recreation Staff recommends awarding the contract for the
construction of Freedom Park to Pooley Enterprises, Inc. in the amount of$645,239.32-
Funds for the project will come from Florida Recreation Development Assistance Program Grant
and the Capital Improvement Bond Issue.
If you have any questions or need additional information,please contact me at EXT. 5001.
cc: Jim Gleason,City Manager
Wanda Horton, Finance Director
The City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone:(407)905-3100•fax:(407)656-8504•www.d.ocoeefLus
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August 27, 2002 .
Mr. Johnny Farmer
Director of Recreation
City of Ocoee
1820 A.D. Mims Road
Ocoee, Florida 34761 ,
RE: City of Ocoee South Park (AKA Freedom Park)
Dear Mr. Farmer:
We have reviewed the bids for the above mentioned construction project from the nine bidders.
Pooley Enterprises, Inc. was the low bidder. Their three references verified Pooley's
performance on three similar jobs, as being above average and the clients were quite happy
with their performance. - -
The total lump sum amount is similar to our estimate, but the individual cost breakdowns were
not As we stated on the phone and in our emails, the individual breakdowns do not dearly
indicate acceptance of all terms of the-gontrad. A follow up request was made to Pooley to
confirm the items in question were covered in their bid and a follow up clarification letter from
them (copy attached) rectifies our concerns. -
We therefore recommend the contract for South Park (AKA Freedom Park) be given to Pooley -
Enterprises, Inc. at yourearliest convenience. We additionally recommend a Schedule of
Values be provided by the contractor that clearly indicates all of the services involved in the
construction. We make this request according to the provisions of the construction contract
specifically to allow us to better evaluate the interim values of services rendered during
construction for application of payment purposes.
* Sin rely,
iinc Mag ey, ' •
Principal - \�
JRMlih 0.
Enclosure - -
•
c: Cornelia Russig, HHI
Project File 2018.4
•
DATE SUBMITTED: F^e06 G. 2 to Z—
NAME OF BIDDER: P00 LEY arreavicas ES,
SECTION 00300
BID FORM
suBMrrrED: Auqust 6, 2002
(Date)
PROJECT IDENTIFICATION: CITY OF OCOEE,FLORIDA
SOUTH PARK
NAME OF BIDDER POOLEY ENTERPRISES INC.
7366 SPARKLING LAKE ROAD
BUSINESS ADDRESS: ORLANDO.FLORIDA 32819 PHONE NO.: (407)363-0394
CONTRACTOR'S FLORIDA LICENSE NO.: CGCB001145
THIS BID IS SUBMITTED TO: City of Ocoee,Florida(hereinafter called Owner)
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to alter into an Amendment to the
Agreement with Owner in the form included in the Contract Documents. to perform and furnish all Work as
specified or indicated in the Contact Documents for the Contract Price and within the Contract Time indicated in
this Bid Form and the Amendment to the Agreement, and in accordance with the other tents and coalitions of the
Contract Documents.
2. Bidder accepts all of the tetras and conditions of the Bidding Documents including without limitation those dealing
with the disposition of Bid Bond. This Bid will remain open for ninety (90) calendar days after the day of Bid
opening. BIDDER will sign and deliver the required number of counterparts of the Amendment to the Agreement
with the Bonds and other docommis required by the Bidding Requirements within ten(10)days after the date of
OWNER'S Notice of(Intent to)Award.
3. In submitting this Bid, Bidder makes all representations requited by the Instructions to Bidders and the A0u..,4...m
and further wamaata and eprerents that:
a. Bidder has examined copies of all the Bidding Documents and of the following Addenda:
No. Dated b'S'02Z No._ Dated_
No. Dated_ No._ Dated_ . -
No. Dated No. Datd_
No. Dated No. 'Dated
(Receipt of all which is hereby acknowledged)and also copies of the Invitation for Bids and the Instructions
to Bidders.
b. Bidder has familiarized itself with the nature and extent of the Contract Documents. Work,sit;beauty. and
'Moral conditions and Laws and Regulations that in any manner may affect cost, progress."performance or
furnishing to WeMc.
c. BIDDER has carefully studied all reports of explorations aiid teals of subsurface condition at or eomiguwa to
the site and all "(exadrawings of physical conditio s in or relating to exalting surface,of etbwR �Smueuu aceea at rj(
cootigmGa nfiretle pt'Undeioaiod sacWties)'amlch'ieve'tiientidehdfied'tii the ttippfemm[dq
a._. .. ,: 003004)(00
DATE SUBMfTTED: AUGUST 6,2002
NAME OP BIDDER:POOLEY FNTFRPRISFS, INC.
Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set
forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the"te rhatral data"contained in
such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the
General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and
may not be conpkro for BIDDER's purposes. BIDDER acknowledges that OWNER and Engineer do not
assume responsibility for the accuracy or completeness of information and data shown or indicated in the
Bidding Documents with respect to Underground Facilities at or contiguous to the site.
d. BIDDER has obtained and carefully studied(or assumes responsibility for having done so) all such additional
or supple notary 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
cost 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 BIDDER and safety precautions and
programs incident thereto. BIDDER does not consider that any additional examinations, investigations,
explorations, tab, studies or data are necessary for the determination of this Bid for performance and
furnishing of the Work in accordance with the times. price and other tams and conditions of the Contract
Documents.
e. BIDDER is aware of the general nature of Work to be performed by OWNER and otters at the site that
relates to Work for which this Bid is submitted as indicated in the Contract Documents.
t. BIDDER has correlated the information known to BIDDER, 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 date with the Contract Doaments.
g. BIDDER has given ENGINEER written notice of all conflicts. errors, ambiguities or discrepancies that
BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is
acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey
understanding of all leans and conditions for performing and finishing the Work for which this Bid is
submitted.
h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not subuited in conformity with any agreement or rules of any group, association.
organisation or corporation: BIDDER has not directly or indirectly induced or solicited any other Bidder to
submit a farce or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain
from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other
Bidder or over OWNER.
i. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the
NOTICE TO PROCEED and to idly complete all work of the PROJECT within the Contract Time.
Completion Schedule
1) The Project shall be substantially complete (successful pressure testing and bacteriological testing of
completed water mains) in One Hdred Twenty (120) consecutive calendar days from the official
_. tm
Notice Proceed.
2) The Protect shall be finally complete(Completed and Ready for Final Payment)in me hundred twenty
,„(180)days&ram the official Notice to Proceed..
a A � .„1,04 0'�: �,at r 11.
1; ` ' l4�m 1.1 a-, Pe!mrvn t. - e nhe eUan°.ua ml, of all
ppway n;
t sr
DATE SUBMITTED: AUGUST 6, 2002
NAME OP BIDDER:pOOLFY FNTFRPRISFS, INC.
types, overhead, and profit for the item to be complete, in place, and ready for operation in the mangier
contemplated by the Contract Documents. Bidder submits the following TOTAL BID OR TOTAL BASE BID to
perform all the Work as required by the Drawings and Specifications.
5. In accordance with Article 17 of the Instructions to Bidders, if the Contract is to be awarded, it will be awarded on
the basis of the lowest "Total Base Bid" after adjustments for additive or deductive alternates. Additive or
deductive alternates (if any) will be considered in determining the lowest responsive, responsible Bidder. The
Owner reserves the right to accept any or all additive or deductive alternates. in his sole discretion, prior to the
award of the Contract. The Owner also reserves the right to delete any portion of the Work as shown in the bid
schedule prior to award and adjust each bidder's "Total Bid" accordingly.
6. The following documents are made a condition of this Bid:
a. Bidding Documents and shall Include the following:
1. Bid Forms(entire Section 00300,00301,0030IA and 00301B)
2. Bid Bond(Srety Bond or Cashier's Check). (Section 00410)
3. Corporate Authority to execute Bid
4. Power of Attorney(for Surety Bond only)
5. Nnseollusion Affidavit(Section 00480)
6. Certification of Nonsegregated Facilities(Section 00481)
7. Sworn Statement on Public Entity Crimes(Section 00482)
8. Certification of Nondiscriminatory Labor Practices(Section 00483)
(Remainder of Page Left Blank Intentionally.)
00300-3 ri lF'
DATE SUBMITTED: AUGUST 6,2002
NAME OF BIDDER:POOLEY FNTFRPRISFS, INC.
(Page Left Blank Intentionally.)
LA'ra sunMrrrEn: AUGUST 6 2002
NAME OF BIDDER:POOLEY ENTERPRISFS, INC.
i
SCHEDULE OF BID ITEMS
CITY OF OCOEE
SOUTH PARK
1
3
ce,. . OTB: BIDS shall include sales tax and all other applicable taxes and fees.
$O.Item Units Unit Price Amount Total Price
Iv c
l,il i City of Ocoee Permit Fee's 1 S 10,000.00 $10,000.00
i r„(Allowance)
X:.Orange County Permit Fee's I $1,000.00 $1,000.00
3 (Water and sewer)
(Allowance)
3. Mobilization, Demobilization, 1 $25,000.00 $25 000.00
Bonds and Fermin
i (Maximum of 5%of Total Bid)
4. General Requirements- 1 $24.600.00 S24.800.00
Division 1(except as follows under
this item)
95. Feld Engineering and 1 $ 1.200.00 S 1.200.00 -
- E*ploratory Excavation
6. Record Drawing Preparation I $ 1,000.00 $ 1.000.00 -
;7. Color Audio-Video 1 $ 400 00 S 400 0Q -
F, - Procc mos uction Record
8. Clearing and demolition
a Clear and Grub 1 $38.481.00 $38.46100 includes utility labor&equipment -
. b. Tree protection 1 $_ 500.00 $ 500 00
59. Underground Utilities-MEP
a Potable Water ,,II
a I. 2" PVC 405 $ 5.04 $ 2.041:00— AO41.an
t 2. 8" PVC 505 $ 28.04 $ 73.750:00- 1.3,150.616
L _ 3. 8" x 6" Reducer - I $ 70 00 $ 70.134 -
4. 8" x 2"Reducer - 1 $ 5040 1___,57:80'- ,J . 00
b. Sanitary Sewer ,
• 00300-5
t.
r
I. 6' PVC 75 $ 3.08 $ 231.00 II
2. Manhole 2 $ 621.60 S 1.143:00' I,a'73.RC
10 Stormwater System I I
a. 12'RCP 430 $ 12.66 _5 ��- 5,53g.'7e
M.:>s't 3 fb "-IS,RCP- 250 $ 14,56 5 3,610.Oo ✓
b. 'Inlet-Type C 7 $ 126.00 $ 5.096,00
d. 'Manhole(PS) 1 61.16590 $ 1,165.00
1 i• '.b-:3'Mitred End Section- IS' 1 $ 21200 $ 21100 -
i 11.londiog
a. • Final Grading $ - $
b. Fill $ $ -
t re. Turbidity Harrier MD S 5.60 $ WOO - ' y44.O
1900
' 'd. Silt Fence 0 $ .16 S 1AN.00 i
''e. Sodding* 206.695 $ .30 Sezerr.00 (Calang. 5C
f: Seeding' 0 $ 0 $ 0
Mulching* - $ - S -
loa requited for stabilization of grading operations only
' 12:PavenYnts with curbs
a. Asphalt 2375 $ 17.92 $42560.00
i b. Soil Cement - $ - $ in asphah
t. Type•u'curb Sea $ 10.08 ssa97.ar- -5�1c go
0 13' Restroom Facility 1 $ 124rggbc0 $ t24-n a,00 _
) 14. Baseball field 1 $11.76300 $ 111�.00 -
. '15: Soccer field 1 $ 3.574.00 $ 3,4.00 •
i 16. Sigoag
i(Including all concrete, reinforcement, stucco, lettering, and all other materials and labor necessary for a complete installation)
a. Main Entrance Sign 1 $ 2,765.00 $ 2765.00
k b. Secondary Entrance sign 1 $ 1.575.00 $ 1,575.00 -
I
c. Handicap sign 6 3 $ 39.34 $_-119.L 113, Ca-
d. Misc. signs and striping I $ 1114.00 S 11�4.00
'' 17. landscape Planting 1 $ 35000.00 $35�.00 -
(Incl. all soil amendments, sodding and seeding not necessary for grading stabilization,
d fine grading,guying I staking, and all other materials and labor necessary for a complete
_.installation)
IS. Irrigation system 1 $ 65.000.00 $65090.00 -
!(including all beads,piping, valves,fittings,controllers, wiring, and all other materials
,',., and labor necessary for a tally operational system)
• 6
.:. ri&4 OE-CC:
aro.K.
•
19. Furnishings I S e00.00 S 600.00
(Intl. fasteners, assembly, installation, finishes, and all other materials and labor necessary
for a complete imtallatian)
20. Compliance with Florida
Trench Safety Act I S 990.00 Ste'
21. All other items required
(List other items individually as required to provide a complete park as described on the
drawings and specifications) I d
Frrua I S 30d79.00 $ 30,374.00 ' /15
s a .? Molls I S 33.51400 $ 33,514.00 '
86,715.00 86,115 00 •
TOTAL OF LUMP SUM BASE BID $ • O 57
Add Alternate/I-Sports Lighting $ Z O �s 0°o ' o
Deduct Alternate Nl-Sprig Bermuda S( \ o. a 0)
Note: Deduct Alternate is for amount to deduct from Base Bid if Deduct Alternate(s) is(are)selected, Add Alternate is amount to add to Base Bid if Add Alternate(s)
bare)selected.
SIGNATURE
DATE
DATE suBMrrrED: AUGUST 6,2002
NAME OF BIDDER:POOLFY FNTFRPRISFS, INC.
7. The terms used in this Bid, which are defined in the General Conditions or Instructions of the Coosuuctian
Contract, included as part of the Contract Documents have the meanings assigned to them in the General
Conditions or Instructions.
8. The work shall be performed under a Florida Contractor's License. Contract shall not be awarded unless proof of
valid lieense(s)is provided.
9. It is understood that where quantities for unit price work have been presented in the foregoing Schedule of Bid
Items, they are approximate only and are solely for purpose of facilitating the comparison of bids, and that the
Contractor's compensation will be computed upon the basis as described in the measurement and payment clauses
in the specifications contained herein.
10. BASE BID-SCHEDULE OF MANUFACTURERS/SUPPLIERS
If the foregoing Schedule of Bid Items is presented in a Base Bid format, the undersigned as Bidder agrees that the
Contract, if awarded, will he on the basis of the materials and equipment named in the Contract Documents in
accordance with Article 9 of the Instructions to Bidders. Tice undersigned as Bidder also agrees that for the "Base
Bid" equipment and material items listed below the Bidder will provide one of the listed manufacturers/suppliers,
by circling "A", "B",or"C". If the Bidder desires to propose an alternate manufacturer/supplier, he may write in
the name of such alternate in the substitution list included within this Bid Form, but he must, nevertheless, also
circle one of the listed manufacturers/suppliers. If the proposed alternate manufacturer/supplier is determined
"not equivalent" by the Engineer, the Bidder must furnish equip and/or material items by the circled
manufacturer/supplier. If the Bidder fails to indicate which listed manufacturer/supplier he intends to use if an
alternate is rejected, he must use the manufacturer/supplier listed as "A'. Also, if the Bidder circled more than
one listed manufacturer/supplier, he must use the first manufacturer/supplier circled (unless an alternate is
approved).
II. SUBSTITUTIONS AND"OR EQUAL"
The undersigned as Bidder agrees that substitutions or "or-equal" items will not be considered until after the
"Effective Date of the Agreement" and will be evaluated in accordance with paragraphs 6.7.1, 6.7.2, and 6.7.3 of
the General Conditions. In addition to the reimbursement required under the General Conditions, the Cntractor
shall also reimburse the Owner for any engineering costs directly attributable to the change hi
manufacturers/suppliers, caused by the acceptance of proposed alternates, such as; additional field trips for the
Engineer.additional redesign costs,and additional review costa,etc. Other costs directly attributable to the change
in manufacturers/suppliers caused by the acceptance of proposed alternates, such as; increased electrical
requirements, larger building,additional pumps or tankage. etc., shall be borne by others and not the Owner. If
Bidder intends to propose substitutions or "or-equal" items after the "Effective Date of the Agreement", it is
agreed that these hems will be listed on the Substitution list included within this Bid Form, with a deductive
amount representing 50 percent of the total savings between the named Base Bid item and the proposed item.
'Base Bid" hem substitutions providing to the Owner an equipment or material cost savings of less than S1,000
will not be considered. The undersigned as Bidder,also agrees that if a substitution or"or-equal" item is not listed
on the Substitution List included with the Bid, all of the savings between the named item and the proposed item
will go to the Owner if the Owner accepts the proposed item in accordance with paragraphs 6.7.1., 6.7.2, and
6.7.3 of the General Conditions. The Owner may request. and rite undersigned Bidder shall supply, complete
information on proposed auhstitnioms. Such information shall be the mmsfacaver's current publishedor
preprinted information for the specific substitution.
12. As BIDDER. I hereby certify that 1 am aware and understand that the City of Ocoee at its sole discretion reserves
the right to waive technicalities or'regularities,to reject any or all Bids,and/or to accept that Bid which is in the
best interest of the City. The Award of this Bid. if made, tiny be based on considerations other than total cost.
veld may be awarded based an various oonalderatimss, including but not limited ro:..BIDDER.experience and
whether the Bid, in the judgeneot of the City. is the most responsive to City needs. The City of Ocoee
...._coinages the we ofm{oadties and women-owned bushman as submmtacrm...:.
Ol-OOEra,
0330o-f1
DATE SUBMITTED: AUGUST 6,2002
NAME OF BIDDER:POOLEY ENTFRPRISFS, INC.
Instructions: Strike out DO nomppli®ble signal=block and complete applicable block. (ALL SIGNATORIES
MUST HAVE THEIR NAMES PRINTED OR TYPED BELOW THEIR SIGNATURES)
If Bidder is:
SOLE PROPRIETORSHIP
XXXXXXXXXXXXXXXXXXXXXXXX (SEAL)
(Individual's Signature)
(I dividual's Name)
doing business as
Business Address:
Phone No.:
Florida License No.:
A PARTNERSHIP
(SEAL)
(Pattra-Aip Name)
(General Patmec'a Signature). .
(General Pannn's Name)
Bust address:
Phone No.:
Florida License No.:
•
03300-10
I I-00E00
DATE SUBMITTED: AUGUST 6, 2002
NAME OP BIDDER:POOLEY ENTERPRISES, INC.
Ipun,pioos: Strike out(X)tntatppliable signature block and complete applicable black. (ALL SIGNATORIES
MUST HAVE T EIR NAMES PRINTED OR TYPED BELOW THEIR SIGNATURES)
If Bidder is:
A CORPORATION
POOLEY ENTERPRISES, INC.
(comma Na)
STATE OF FLORIDA
(Slate of Incorporation)
By RICHARD POOLEY
(Name of person authorized to sign)
( P SIDENT
..__V-k (3-e.:
(Authorized S
(Corporate Seal) f 1 J O-AtiC>-des--
Attest (Secretary)
Busircss address: 7366 SPARKLING LAKE ROAD, ORLANDO, FL 32819
phone No., (407) 363-0394
Corporation President: RICHARD POOLEY
Florida License No.: CGCB01145
DATE SUBMITTED: AUGUST 6, 2002
NAME OP BIDDER:POOLEY ENTERPRISES, INC.
Instructions: Suite as(Jq smspplicable signature block and somplctc applicable block. (ALL SIGNATORIES
MUST HAVE THEIR NAMES PRINTED OR TYPED BELOW THEIR SIGNATURES)
If Bidder's:
A JOINT VENTURE
By (Name)
(Address)
By
(Name)
(Adder)
Business Address:
Phone No.:
Florida License No.:
Machines vnmra last sign. The maaCf of signing for each individual,ownership,and corporation that is a party to
the joint venture should be in the mama indicated above.)
Florida license No.:
12. List the following in connection with the Surety which is providing the Bid Bond:
Surety's Name: AA
CAPITOL/, INDEMNITY CORPORATION..
Surety's Address: `r (O 0 u !J S s ans f'r`su doff e. 9 T1->• FL2
Y'kwots0 Ws 531 nS
Name and address of Surety's resident agent for service of process in Florida:
"rC1Q-ESav L. ¶Z0 1YS0b-3
F�- , L Z' 13 G —
2 z z W esr,Mla. n-rc �J \2 , S V CC. z 1 t
. �-� ,�-...�R c ��a t ..fras FL-. _3 2-7 t 4
i
00300t{2'
SECTION 00301
QUESTIONNAIRE
DATE:AUG 6,2002
PROJECT IDENTIFICATION: CITY OF OCOEE,FLORIDA
SOUTH PARK
NAME OF BIDDER: POOLEY ENTERPRISES,INC.
BUSINESS ADDRESS: 7366 SPARKLING LAKE ROAD,ORLANDO,FLORIDA 32819
Phone No (407)363.0394
CONTRACTOR'S FLORIDA LICENSE NO. CGCB01145
The undersigned warrants the truth and accuracy of all statements and answers herein contained. Include additional
sheets if necessary.
1. Complete the following Table regarding experience with projects similar to the work contemplated under this
Construcdon Agreement.
Date of Client's Name&Address(Include Amount of
Contract Name of Project&Landau Contact Name mid Phone it) Contract
Fort Christmas Visitors Center Orange Cty Board of Cty Commish Dave Wing
Sept.01 Fort Christmas Road 400 E.South Street, Suite 500 $370,823.00 407 836.005(
Christmas,Florida Orlando,Florida 32801
Museum of Seminole County Seminole Cty Board of Cty Com Chuck
Mar.02 310 Bush Blvd 1101 E.1st Street 5289,729.00 Lawson
Sanford,Florida 32773 Sanford,Florida 32771 407 665.5261
awaiting West Orange Park Orange Cty Board of Cty Commish not yet
contract 150 Windermere Road 400 E.South Street,Suite 500 $660,000.00 known
Winter Garden,Florida Orlando,Florida 32801
•
,k.'_ .IC
f • 003019•r0E00:.
Date of Client's Name&Address(include Amount of
Contract Name of Project&Location Contact Name and Phone if) Contract
2. Have you ever failed to complete work awarded to You? If so,where and why?
NO
3. Have you personally inspected the general alignments of the various utility improvements proposed under this
Construction agreement? Describe any anticipated problems with the sites and your proposed solutions.
NO,BUT DO NOT ANTICIPATE PROBLEMS
4. Will you Subcontract any part of the work involving the construction of underground utilities? If so, describe
which portions.
YES,LABOR ONLY
00301.2 t Six
5. List the names and addresses of the subcontractors to he used for the portions of the contemplated work listed
above.
Subcontractor Certification
Subcontract Name and Address of Subcontractor Registration
No.&Name
SITE WORK& PAYNE&SON LAND CLEARING TO BE PROVIDED IF SUCCESS-
UTIIJTIES P.O.BOX 149594,ORLANDO, FL 32814 FUL WITH BID
POOLEY ENTERPRISES,INC. CGCB01145
SITE WORK& 7366 SPARKLING LAKE ROAD, CERTIFIED GENERAL CONT.
UTILITIES ORLANDO,FL 32819
OLD CASTLE PRECAST,INC. TO BE PROVIDED IF SUCCESS-
STRUCTURES 690 W.TAFT-VINELAND ROAD FUL WITH BID
ORLANDO, FL32824
Ic}no
6 Disclosure(Section 00100, Article 20). Complete and attach "Sworn Statement on Public Entity Crimes" (Section
004132).
7. State the true and exact,correct, and complete name under which you do business. BIDDER IS:
POOLEY ENTERPRISES,INCORPORATED
END OF SECTION
; 0010141Y)
SECTION 00301-A
COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT
(90-96,LAWS OF FLORIDA)
Bidder hereby aclmowledges that all costs for complying with the Florida Trench Safety Act are included in the various
items of the bid and in the Lump Sum Total Bid Price shown in Section 00300-Bid Form, "Schedule of Bid Items".
For informational purposes only,the bidder is required to further identify these costs in the summary below.
Trench Safety Unit of
Measure Measure Unit Unit Extended
(Description) (LE.SY) (Quantity) Cost Cost
A
BENCHING&SLOPING LF 220 $ 4.50 $ 990.00
B $ $
C $ $
D $ $
TOTAL $ °�9o.oO
BIDDER: PO EY ENTERP ES,INC.
L.
SIGNED: A w J
BY; RICHARD POOLEY
(Print or type name)
TITLE: PRESIDENT
DATE: AUGUST 6,2002
THIS IS NOT A PAY ITEM: The purpose of this form is to gather information on the costs associated with trench
safety measures and to insure that the Bidder has considered these costs and included them in the Lump Sum Total Bid
price. Contractor will not receive additional payment if actual quantities differ front those estimated or if the Contractor
uses a safety measure different than those listed.
(Failure to Complete This Form May Result hi the Bid Being Declared Non-Respotrive.)
END OF SECTION
00301A-1 a
I.
SECTION 00301-B
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 odities or contractual services, a bid received from a business that cettfies
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 terns of the statement
of guilty
r
ny
and will notify the employer of any conviction
of, or w of the UntisoSpa[States uolstateviolationto, aviolato occurring oin
fn 893 or of any controlled substance
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 employees 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.
As the person authorized to sign the statement, I certify that this feu complies fully with the above requirements.
Bidder: PY EN-PPRISES,INC.
Si ;gned
1 ^ Vt.� _)
By: RICHARD POOLEY
(Print or Type Name)
Title. PRESIDENT
Date: AUGUST 6,2002
END OF SECTION
00301-B-1
SECTION 00480
NONCOLLUSION AFFIDAVIT
STATE OF FLORIDA )
ss
COUNTY OF ORANGE
RICHARD POOLEY ,being first duly swore deposes and says that
1. He(it)is the PRESIDENT
(Owner. Partner, Office, Representative or Agent)
of POOLEY ENTERPRISES,INC. , the Bidder that has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances
respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners. agents, representatives, employees, or parties in
interest, including this affidavit,have in any way, colluded. conspired, connived or agreed. directly or indirectly.
with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which
the attached Bid has been submitted; or to refrains from bidding in connection with such Contract; or have in any
manner, directly or indirectly, sought by agreement or collusion, or commune-Mimi, or conference with any
Bidder,firm,or person to fix the price or prices in the attached Bid or of any other Bidder,or to fix any overhead,
profit.or cost elements of the Bid price or the Bid price in any other Bidder, or to secure through any collusion,
conspiracy. connivance, or unlawful agreement any advantage against(Recipient), or any person interested in the
proposed Contract;
5. The price or prices quoted in the attached Bid are fain proper and are tainted by any collusion, conspiracy,
connivance, or unlawful agreement on the part of the • or any`-".,',�1ap1ytf its agents, representatives, owners,
employees or parties ul interest, including his affidavit
Title: PRESIDENT J\
sworn and subscribed m before me this 5 day of AUGUST . 19 2002 , in the State of FLORIDA
, County of ORANGE
ilvieL
�C(ilLotary Public
My Commission Expires:
prit candies Mien
►� Mr Cammsr,on D006t074 END OF SECTION
lc we rxPYn August 19.2006
004g0.1 .
•
A.'
•
SECTION 00481
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 am maintained. The Bidder certifies further that be 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
aer.ptam of this Bid. As used in this certification, the term "segregated facilities" means any waiting moos, work
areas, tearooms and washrooms, restaurants and other eating areas, timeeclocks, 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 3drnriral certification from proposed subcoturactors
for specific time periods) be will obtain identical certifications from proposed subcontractors prior to the award of
subcontracts exceeding $10,003 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 odes
and regulations presented by the United States Secretary of Labor are incorporated herein.
Note:
The penalty for Imiring false statements in offers is pir 18U.S. 1.
Date AUGUST6, , 192002 . ct-A-Th
Official Address By: RICHARD POOLEY
(including Zip Code): PRESIDENT
(Tile)
7366 SPARKLING LAKE ROAD
ORLANDO,FLORIDA 32819
ATTACH AND INCLUDE AS PART OF PROPOSAL FORM: FAILURE TO DO SO MAY BE CAUSE FOR
DISQUALIFICATION OF YOUR BID.
END OF SECTION
00481-1
SECTION 00482
(Page I of 2)
SWORN STATEMENT UNDER SECTION 287.133(3Xa),
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 sulanitted to City of Ocoee, Florida by
RICHARD POOLEY, PRESIDENT OF POOLEY ENTERPRISES, INC.
(Print individual's Name&Title)
whose business address is 7366 SPARKLING LAKE ROAD
ORLANDO, FLORIDA 32819
2. 1 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 I, 1989, as a result of
a jury verdict, nonjury trial, or entry of a plea of guilty or nolo comeudere.
4. I understand that an"affiliate"as defined in Paragraph 287.I33(1Xa), 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,
painters, shareholders, employees, members, and agents who are acute 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 intone among persons when not for fair market value coder an arms 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 penal 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 nanral 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 twist transacts or applies to transact business with a public entity. The tam"person' includes those
officers, dire:tots, executives, partera,_shareholders, employees, members, and agents who am active in
management of an entity.. ' , •t„
6; Based on infomatian'and belief,`the statement which I have marked below is true in relation to the entity
9nbsaiying this sworn statement. (please indicate which statement applies).
XX Neither the entity submitting this sworn statement,or one or more of its officers, directors, executives.
partners,shareholders,employes,members,or agents who are active in management of the entity.nor
M t
"q,,mAt,x� •��J { +r r - -
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 rattly crime subsequent to July
I, 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 atered 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 I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY
AND,THAT THIS FORM IS VALID THROUGH AUG 6,02 1 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 CONTA71J)IN THIS FORM.
(Signature)
Date: AUGUST 6,2002
•
POOLEY ENTERPRISES,INC.BY RICHARD POOLEY,ITS PRESIDENT
Name of Bidder(Contractor)
STATE OF FLORIDA
COUNTY of ORANGE
PERSONALLY APPEARED BEFORE ME,the undersigned authority, RICHARD POOLEY
who,after first being sworn by me,affixed hisTer signature hi the place provided above on this 6
day of AUGUST 192 2
(!
Public ate-2‘. Cx e C Wean
VTW Canaan000610rx
. Exports AUgthSt 19.2006
My Commission Expires:
END OP SECTION
t.`-ctU07R2.2
SECTION 00483
CERTIFICATION OF NONDISCRIMINATORY LABOR PRACTICES
This certification relates to a construction contract proposed by the City of Ocoee.
Equal Opportunity Employment: The Contractor shall not discriminate on the basisof race, color, national
origin, gender, age, handicapped status, veteran status, and/or religion in performing
the workgoverned by
this contract. The City Is an Equal Opportunity Employer (FOE) and as such encourages all contractors to
comply with EOE regulations. Any subcontract the Contractor may enter into shall Include this clause with the
same degree of application being encouraged.
I am the undersigned prospective construction contractor or subcontractor. I certify that...
(I) I have/ XXX have it participated in a previous contract or subcontract subject to the
Equal Opportunity Clause and
(2) If I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause, I
have/ have not filed with the Joint Reporting Committee,the Director of the Office of Federal
Contract Compliance Programs, or the Equal Employment Opportunity Commission all scants due under
the applicable filing requirements.
I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportutnty Clause
and have failed to tile all reports due under the applicable tiling requirements, I am not eligtble, and will not be
eligible, to have my bid or offer considered, or to enter into the proposed contract or subcontract, unless and until I
make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed.
I agree that I will obtain identical certifications from prospective lower-tier construction subcontractors when I receive
bids or offers or initiate negotiations for any la er construction tracts with a price err eding$10,000. I
also agree that I will retain rich certifications in m es.
Date AUGUST 6 , 19 2002 By:
(Signature A
of Official)
RICHARD POOLEY,ITS PRESIDENT
POOLEY ENTERPRISES,INC.
(Name of Puga..dve Construction Contractor or Subcontractor)
7366 SPARKLING LAKE ROAD ORI ANOO FI ORIf1A 32814
(Address of Prospective Construction Contactor or Subcontractor)
407 363-0394 594177471
(Telephone Number) (Employer Identification Number)
END OF SECTION
004113-f •
CORPORATE AUTHORITY
TO EXECUTE DOCUMENTS
I HEREBY CERTIFY that a meeting of the Board of Directors of POOLEY ENTERPRISES,INC.
a corporation under the laws of the State of FLORIDA ,held on the 5 day of AUGUST
, 192002.the following resolution was duly passed and adopted:
"RESOLVED.that _ RICHARD POOLEY
I I Limul swm} Hyper..,re e.m.mi
as PRESIDENT of the corporation,is hereby authorized to execute and all documents required
to be signed by an officer of the Corporation in order to submit a valid bid,contract and bond for
OCOEE SOUTH PARK(RENAMED FREEDOM PARK) IB02.04
p^f�o�q Bid No)
between the CITY OF OCOEE,a municipal corporation,and this corporation,and that his execution thereof,
attested by the Secretary of the corporation and with corporate seal axed shall be the official act and deed of this
corporation"
I FURTHER CERTIFY that said resolution is now in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of the corporation this
day of , 19_
(CORPORATE SEAL)
(Corporate Secretary)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
by (name of officer or agent,title of officer or agent),of
(name of corporation acknowledging),a
(state or place of incorporation),corporation,on behalf of the corporation. He/She is personally known to me or has
produced identification (type of identification) as identification and did/did
not take an oath.
(Notary Public)
My Commission Expires:
00410-6
•
SURETY:
WITNESS. (I(Agent is nal a Corporation)
(I)
(Surety Business Neat) (Witness)
(2)
(Witness/
(Principal Place of Business)
ATTEST (If Agent is a Corporation)
(Surely Agent's Signature-Sec Nate 2)
(Corporate Secretary Signature)
(Sony Agent's Name)
(Corporate Secretory Name)
(Surety Agent's Talc)
(Business Name of lad Ago for Surety)
(CORPORATE SEAL)
IBusiness Address of Local Agent)
(Telephone No.) (Florida license 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-Atmmey" prepared by Surety appointment individual
"Attorney-in-Fact"for execution of Bid Bond on behalf of Surety and corresponding notarized"Anomey-in-
- Fan"
(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 traaac(business in the state where the project is located.
00410t5no
k r'.
.
Executed in 1 Counterpart
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned. Pooley Enterprises, Inc. as
Principal,and Capitol Indemnity Corporation , as Surety, are hereby held and
family bound unto the City of Ocoee,Florida,as Owner in the penal sum of five percent of the Contract Bid Five
Percent of Amount Bid - -------------- (S ----5% I for
payment of which,well and truly to be made.we hereby jointly and severally bind ourselves.successors and assigns.
Signed,this 6th day of August ,ND 2002 The condition of the above obligation is such that
whereas the Principal has submitted to the City of Ocoee.Rorida a certain Bid, attached hereto and hereby made a
pan hereof to enter Into a contract in writing,for the construction of City of Ocoee's South(Freedom)Park.
NOW THEREFORE
1. Bidder and Surety.jointly and severally,bind themselves,their heir,executors,administrators,successors
and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's bid
and the total amount of the bid of the next lowest, responsible and responsive bidder as determined by
Owner for the Work required by the Contract Documents,provided that:
I.I. If there is o such next lowest responsible and responsive bidder,and Owner does not abandon the
Project, then Bidder and Surely shall pay to Owner the penal sum set forth on the face of this
Bond.and
1.2. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set farm 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 Amendment to the
Agreement required by the Bidding Documents and any performance and payment bonds required by the
Bidding Documents and Contract Documents.
3. This obligation shall be null and void it
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 Amendment to
the 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 thirty(30)calendar
days after receipt by Bidder and Surety of written notice of default from Owner,which notice will be given
with reasonable promputess,Identifying this Bond and the Project and including*statement of the amount
due.
5. Surety waives t notice tofi any
and all defensesbased onpr vid 4 that ttouhe tfong time e for n no o
tice ice of award
awardue notice of
min wild byOwner and Bidder,tsro ' issuing
00410-1
including vxtensioas than 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 stain 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 Latices 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 Use provision of said statute shall govern and the remainder of this Bond that is not in conflict
therewith shall continue in full force and effect.
I I. 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.
00410-2
BIDDER: krtrike out (X) non - applicable signature block and complete applicable block. All signatures
krtust have their names printed or typed below their signature.
If Bidder is SOLE PROPR ERTORSHIP,complete this signature block
(Individual's Signature) _.. (Witness)
(2)
(Individuals Name) — (Witness)
doing business
(SEAL)
(Business Atkh s)
J
(Telephone No.) (Florida License No.)
If Bidder is PARTNERSHIP,complete ibis signature block.
I)
�. . (Ponocnbip Name) (Wi)ness)
(2)
(General Partner's Signmwe) (Witness)
(General Pamw's Na)
(SEAL)
(Business Address)
l_)
(Telephone No.) (Florida licaue No.)
BB4I0.3;I(it! .
R Bidder is a CORPORATION.complete this sign: u t block.
ATTEST:
POOLEY ENTERPRISES, INC. 11 w nXcy
(Corporation Name) _ _
(Corporate Secretary.Signature)
FLORIDA WANDA POOLEY
(Sure of Incorporation) (Corporate Secretary Name)
By: RICHARD POOLEY
—. . (Name of person authorized to sign-we Now I)
PRESIDENT
IT le) (CORPORATE SEAL)
-VI
(Audrnud Signature)
RICHARD POOLEY
(Corporation President)
7366 SPARKLING LAKE ROAD
ORLANDO, FLORIDA 32819
(Business Address)
(Telephone No.) (Florida License No.)
OO416A.(a0
SURETY:
WIMFSS: (B Agem Is not a Caponion)
Capitol Indemnity Corporation - (u
llliOOIIIIIiIIIIIII/lllllll//llllllll/llllll/llllllllll!llllllllllll
(Sway Bain+Name) (Witness)
4610 University Avenue.9th Floor (3)
(Witaas)
Madison,WI 53705
(Principe!Place of Bwimt)
/t/ia p . 0_. 7� . I/\r� \n,( o n, ArrEsi: (n Agent ii a rAppwmoow(�� ai Agss SlgssswR�
e-See Now 2) Q 'I ._/ + /��
Teresa L. Robinson ��✓ (Capone swnwysignawn)
(swag Agar Nang) Susan L. Reich
Attorney-in-Fact&FL Licensed Resident Agent (Capaue Secretory Name)
tSwwy Agwas Tide)
Florida Surety Bonds,Inc.
Wee ms.Name anew Arent lot Sway)
(CORPORATE SEAL)
222 South Westmonte Dr., Suite#211
Altamonte Springs, FL 32714
IBts in es Averts of Local Agent)
(407) 786-7770 Agency
(800)475-4450 Surety
0015371
(Teleptwos No.) (Raids Isoa us Na.)
NOTES:
(I) Complete and attach "Cosponfc Authority to Execute Documents" if executed by any corporate employee
other than president or vice-president.
(2) Complete sad attach a certified copy of"Power-of-Attorney" prepared by Surety appointment individual
"Attorney-in-Pact"for execution of Bid Bond on behalf of Surety and concsponding nourired"Attorney-in-
Fact".
(3) Above addresses are to be wed for giving required notice.
(4) My singular reference to Bidder.Surety,Owner or other party shall be considered plural where applicable.
(5) Surety companies executing bonds anal appear on the Treasury Department's most current list(Circular 570
AS amended)and be authorised to transact business in the state where the project is lowed.
00410-s
INDEMNITY CORPORATION
461011NIVERSITY AVENUE,SUI I 1400, MADISON,WISCONSIN 53/05-0900
PLEASE ADDRESS REPLY TO PO. BOX 5900,MADISON,WI 53705-0900
PHONE(608)231-4450• FAX(608)231-2029
POWER OF ATTORNEY No: 630531
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a
corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make,constitute
and appoint
JEFFREY W.REICH,SUSAN L.REICH,TERESA L.ROBINSON,KIM E.NIV,--- ---
PATRICIA L.SLAUGHTER,LESLIE M.DONAHUEOR J.GREGORY MACKENZIE
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and
deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
NOT TO EXCEED$3,000,000.00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
held on the 15th day of May 2002:
RESOLVED,that the President and Executive Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted
the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings
obligatory in the nature thereof,one or more resident vice-presidents,assistant secretaries and attorney(s)in tact,each appointee to have the powers and duties
usual to such offices to the business of this company the signature of such officers and seal of the Company may be affixed to any such power of attorney or to
any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company.and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company
at the future with respect to any bond or undertaking or other wilting obligatory in the nature thereof to which it Is attached.Any such appointment may be revoked.
for cause,or without cause,by any of said bHlcers,at any time
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duty attested by its Treasurer,this 15th day of May,2002.
CAPITOL INDEMNITY CORPORATION
Attest: ittnj
O w
Thomas K.Manion.Treasurer 11ii COAPORATEra David F Pauly,Secretary
SEAL
STATE OF WISCONSIN /�
/ifi 011(
COUNTY OF DANE
On the 15th day of May,A.D., 2002 before me personally came David F. Pauly, to me known, who being by me duly
sworn,did depose and say:that he resides in the County of Dane. State of.Wisconsin; that he is the Secretary of
CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal;that it was so affixed
by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
STATE OF WISCONSIN °nalmt 4,
COUNTY OF DANE �JA E �`v"
16- ENDRES F Jane E Endres
Notary Public,Dane Cm,WI
43 to nllm°ec My commiSSlon Expires 3-23-2003
an
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing
'' attached Power of Attorney remains In full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed this 6th Day of August 2002
_ lr ANBtwlmllrNf'0
s y t '� . e,
A'"'t 4,,,.+�? t a L a:.' d `irr FS c' r 7" P a' Bk h W rAssls arii;*ret r'
a `ir �»,,erryy�° �u+3 � +. ��aa ° ��- ^J n k:x.'a 3l I T .1'+s �'� A v.
4 000,;a%6'�(,s�s,xta, j„ ',91 opt
v��"air oX ...s@ u.r�•r�y�Hyds .lpp6 valid w PO 4
r ':aJ+lrw dlMann tit. As-
5 .p o o .. ..'�.4',+ iB i. �'C- ,s fo pine`,15
CORPORATE AUTHORITY
TO EXECUTE DOCUMENTS
I HEREBY CERTIFY that a meeting of the Board of Directors of POOLEY ENTERPRISES,INC.
rn,mr r,.r,Curn.,r bionic
a corporation under the laws of the State of FLORIDA ,held on the 5 day of Al oil I91
, 192002,the following resolution was duly passed and adopted:
"RESOLVED,that RICHARD POOLEY
uyrm nose IN.m.wnias PRESIDENT of the corporation, is hereby authorized to execute and all documents required
to be signed by an officer of the Corporation in order to submit a valid bid,contract and bond for
OCOEE SOUTH PARK(RENAMED FREEDOM PARK) #802.04
(nine m) Bid No 1
between the CITY OF OCOEE,a municipal corporation,and this corporation,and that his execution thereof,
attested by the Secretary of the corporation and with corporate seal affixed shall be the official act and deed of this
corporation"
I FURTHER CERTIFY that said resolution is now in full force and effect,
IN W1TNES WpHEREOF,I have hereunto set my hand and affixed the official seal of the corporation this
day of i,( UL , #9 d)171Y)
(CORPORATE SEAL)
`V eo
r-� /7
(Corporate Secretary)
STATE OF FI LD.JL,1,49-,
COUNTY OF Q • 1/`
The foregoing ins •nt was acknowledged before me this ' day of /4A044A '
by ( PO-io-4- �'
ar_� Y! (name of officer or agent,title of officer,^orrn agent),- of
�p aryW,rtyf yt,t,{•_ (name of corporation acknowledging),a ci Ctri.tt`
(state or plate of mcorprtration),corporation, on behalf of the corporation. He/She is personally known tome or has
produced identification f-LIY eita)r'pa-li78-DO (type of identification) as identification and did/did
not take an oath.
Carla Tw,wpe
f]pa Commission 8,2005 (Notary
\a Epi
rus l9,tW5
My Commission Expires: I
00410-6
DATE sueMrrrED: AUGUST 6,2002
NAME OP BIDDER:POOLFY FNTFRPRISFS, INC.
LeiluctIocis: Strike out(X)noltapplicable signature Mock and complete applicable block. (ALL SIGNATORIES
MUST HAVE THEIR NAMES PRINTED OR TYPED BELOW THEIR SIGNATURES)
If Bidder is:
A CORPORATION
POOLEY ENTERPRISES, INC.
(Corporation Name)
STATE OF FLORIDA
(Slate of incorporation)
)
By RICHARD POOLEY
(Name of penal authorized to sign)
PRESIDENT
VLLI1( e
(An Attest(Corporate Seal)) '� \ pRp�is-
Business address: 7366 SPARKLING LAKE ROAD, ORLANDO, FL 32819
phone No,: (407) 363-0394
Corporation President: RICHARD POOLEY
Florida License No.: CGCB01145
0030041
If Bidder is a CORPORATION,complex this signature block.
ATTEST:
POOLEY ENTERPRISES, INC.
(Coryaation Name) _
(Corpomre Sectuary,Signature)
FLORIDA WANDA POOLEY
(Sale of incorporation) (Corporate Secretary Name)
By, RICHARD POOLEY
(Name apemen authorized to sign-see Note I)
PRESIDENT
•
(Title) (CORPORATE SEAL)
(Authorized Signature)
RICHARD POOLEY
(Corporation President)
7366 SPARKLING LAKE ROAD
ORLANDO, FLORIDA 32819
(businKna Addresal
t_J
(Telephone No.) (Florida License No.l
00410.4
center of Good
Mayor ,the Gter Commis i noto
S. Scott\ mdcrgrifl pys�� Danny Howell. District I
r ' /•�City Mrnr�rr Scott Anderson, District 2
h�Q �j
Rus Johnson,rk District 3
Jim Glenn I C'�'�s - V:mc] J. Parker, District 4
1_.
August 20, 2002
Pooley Enterprises, Inc.
7366 Sparkling Lake Road
Orlando, FL 32819
Attention: Mr. Richard Pooley, President
Re: Bid##B02-04 Construction of Ocoee's South (Freedom) Park
Mr. Pooley:
The City's architect for this project is Herbert Halback, Inc. or (HH1). In reviewing your
company's bid for this project, HHI needs the following questions answered yes or no,except for
No. 8, which needs an explanation:
1. Has tree protection been provided for as described in the construction documents?
2. Have all pipe reducers been included in the bid as described in the construction
documents?
3. Has all 8" sanitary pipe been included in the bid as described in the construction
documents?
4. Has all grading been included as described in the construction documents?
5. Have the turbidity barrier been provided along the retention area as described in the
construction documents?
6. Are all non-paved surfaces covered with either sports field clay, sod, mulch, or shrubs
with mulch as described in the construction documents?
7. Are all furnishings shown on the documents included in the bid (e.g. flagpole,
benches, trash receptacles, fencing, entry sign, etc...)?
8. Please explain the note on item 8a of the bid form (clearing and grubbing). We are
not sure of the intent of the note.
Please respond, in writing, by Friday, August 23, 2002. Please contact me at extension 1516 if
there are any questions regarding the above.
Sincerely,
•
J ce olbert
Buyer
City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone:(407)905-3100•fax:(407)656-8504•www.ci.ocoee.tl.us
HOSPITALITY BUILDER
- OFFICE: (407) 363-0394 TELEFAX: (407) 363-9893
enterprises,Inc.
August 22,2002
Ms. Joyce Tolbert,Buyer
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
RE: Bid#B02-04 Construction of Ocoee's South (Freedom)Park
Dear Ms. Tolbert:
c
1. Yes, as is our standard practice,tree protection is included in our proposal.
2. Yes,all water pipe reducer fittings are included in our proposal.
3. Yes,approximately 235 lineal feet of 8"pvc,sanitary pipe is included along with
approximately 60 lineal feet of ductile iron pipe.
4.Yes,all grading is included
5.Yes,the turbidity barrier reflected on C-5 is included in our proposal.
6.-Yes,all non-paved areas within the work are is covered with either sports field clay,
sod,mulch,or shrubs and mulch WITH THE EXCEPTION OF THE TREE SAVE
AREA WHICH HAS BEEN LEFT NATURAL.
7. Yes;all hardscape items reflected on the plans are included in our proposal.
8."Clearing and grubbing essentially complies with your note 4 under Earthwork and Site Work on sheet C-lof the plans.
, , i
hope that this iansuletissall of your questions. In addition, I would like to offer a copy of _.
our very fletailed estimate,which would be kept in strict confidence,if you wish to have a
copy, Please letme know jf you would�liketo see a Copy.
?
S. ly ,
i , > Lichard.L Pooley
�.1.1: :f•l`.IYk�Ilt`.i 1 •11.<— ,lil t a, r)i �J':)1( k t :y ,• )
BID TABULATION FOR:
BID #B02-04
CONSTRUCTION OF OCOEE'S SOUTH (FREEDOM) PARK
8/06/02 11:00 A.M.
Harbco LPR Land Co. Hunter-Nelson Abbe Speegle Al Bosgraaf General M. Gay Gibbs &
Construction dba Strobl Constr Construction Construction & Sons Mechanical Constructors Register
Base Bid S 893738.00 $ 753471.33 S 804.421.75 S 723,900.00
Lump Sum
Add Alternate #1 S 185.000.00 S 209.788 75 $ 160.260.00 S 171,000.00
Sports Lighting
Deduct Alternate#1 S (15.000.00) S (15.550.00) $ (9.610.00) S (2,500.00)
Sprig Bermuda
(1) Signed Original & yes yes yes yes
(3)Copies of Bid Form
Bid Bond/Power of Attorney yes yes yes yes
Receipt of Addendum#1 yes yes yes yes
Authority to Execute Bid no yes no yes
Noncollusion Affidavit yes yes yes yes
Cert. Nonsegregated Fac yes yes yes yes
Public Entity Crimes Stmt yes yes yes yes
Cell Nondiscriminatory Labor yes yes yes yes
Questionnaire yes yes.no subcontractors yes yes
Trench Safety Act Compliance yes yes yes yes
Drug-Free Workplace yes, not signed yes yes yes
BID TABULATION FOR:
BID #B02-04
CONSTRUCTION OF OCOEE'S SOUTH (FREEDOM) PARK
8/06/02 11:00 A.M.
Groundtek Seacoast The Watauga Pooley H.W. Fort Core Strickland A.D. Arnold D.J. Haycook
of Central FL Constructors Company Enterprises Construction Construction Construction Construction Construction
•
Base Bid $ 722,222.50 $ 645,239.32 S 741,624.86 5726,000.50 S 741.000.00
Lump Sum
Add Alternate#1 $ 171,000.00 5 204,000.00 S 168,000.00 $174,400.00 S 180.000.00
Spons Lighting
Deduct Alternate#1 S (2,800.00) $ (110.00) S (30.000.00) $ (26.800.00) S (16.000.00)
See attached letter
Sprig Bermuda requesting change
(1) Signed Original 8 (1) original yes yes yes yes
Copies of Bid Form
(3)
P no copies
Bid Bond/Power of Attorney yes yes yes yes yes
Receipt of Addendum #1 yes yes no yes yes
Authority to Execute Bid yes c , yes-not notarized no no yes
Noncollusion Affidavit yes yes no yes yes
Cert. Nonsegregated Fac yes yes yes yes yes
Public Entity Crimes Stmt yes yes yes yes yes
Cert Nondiscriminatory Labor yes yes yes yes yes
Questionnaire yes, no subcontractors yes yes yes yes
Trench Safety Act Compliance yes yes yes yes yes
Drug-Free Workplace yes yes yes yes yes
BID TABULATION FOR:
BID #B02-04
CONSTRUCTION OF OCOEE'S SOUTH (FREEDOM) PARK
8/06/02 11:00 A.M.
Marbek
Constructors
Base Bid
Lump Sum
Add Alternate#1
Sports Lighting
Deduct Alternate#1
Sprig Bermuda
(1)Signed Original &
(3)Copies of Bid Form
Bid Bond/Power of Attorney
Receipt of Addendum#1
Authority to Execute Bid
Noncollusion Affidavit
Cert. Nonsegregated Fac
Public Entity Crimes Stmt
Cert Nondiscriminatory Labor
Questionnaire
Trench Safety Act Compliance
Drug-Free Workplace