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HomeMy WebLinkAboutItem #04 Replacement of Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement for McCormick Woods - Phases 2 & 3 Galvin and Company to M/I Homes of Orlando c enter of Good L , v AGENDA ITEM COVER SHEET Meeting Date: June 5, 2012 Item # �-�- Reviewed By: Contact Name: David A. Wheeler, P.E. Department Director: Contact Number: 407 - 905 -3100, 3xt. 1505 City Manager: A> / - 7._ Subject: Replacement of Two Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement for McCormick Woods - Phases 2 and 3 from Galvin and Company to M/I Homes of Orlando, LLC (District 1 - Commissioner Hood) Background Summary: McCormick Woods is a 212 lot single family residential subdivision located at the southwest corner of McCormick and Ingram Roads. The previous developer, Galvin and Company, had completed construction of the phases 2 and 3 infrastructure improvements and has received a Certificate of Completion for both phases. The infrastructure improvements include the water, sanitary sewer, and reuse utilities, the streets and stormwater collection system, and the perimeter fence. Galvin and Company has previously provided the City with a cash escrow fund and executed Maintenance, Materials, and Workmanship Escrow Agreements for both phases. Galvin and Company has sold the remaining lots to M/I Homes of Orlando, LLC (M /I Homes) and they are assuming the liability of the two -year maintenance warranty as required by the City. The City has received Letters of Credit from M/I Homes to cover the dollar amounts of the previously accepted cash escrows, which will be refunded to Galvin and Company. The attached Maintenance, Materials, and Workmanship Escrow Agreements are to replace the similar documents executed with Galvin and Company. The surety will be returned to the M/I Homes upon completion of the two -year warranty period and the repair of any damages caused over that two year period. Issue: Should the City accept the surety as provided by M/I Homes as replacement for the surety provided by Galvin and Company for the two -year warranty for phases 2 and 3 of McCormick Woods and execute the Maintenance, Materials, and Workmanship Escrow Agreements with M/I Homes? Recommendations The Engineering Department recommends the acceptance of the replacement surety and the authorization of the Mayor and City Clerk to execute the Maintenance, Materials, and Workmanship Escrow Agreement with M/I Homes. Attachments: Maintenance, Materials, and Workmanship Escrow Agreements with M/I Homes for Phase 2 Maintenance, Materials, and Workmanship Escrow Agreements with M/I Homes for Phase 3 Financial Impact: There are no financial impacts to the City in accepting this replacement two -year warranty surety and the Maintenance, Materials, and Workmanship Escrow Agreements with M/I Homes for Phases 2 and 3. Type of Item: (please mark with an ic') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda ✓ Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 MAINTENANCE, MATERIALS, AND WORKMANSHIP AGREEMENT (SUBDIVISION NAME / PHASE: McCormick Woods Phase 2 ) THIS MAINTENANCE, MATERIALS, AND WORKMANSHIP AGREEMENT (this "Agreement ") is entered into this 22nd_ day of May , 2012, by M/I Homes of Orlando., LLC, a Florida limited company (the "Developer ") and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City "). WITNESSETH: WHEREAS, Developer, or its predecessor -in- interest or its predecessor -in title, has developed and/or constructed a subdivision known as _McCormick Woods_ (the "Subdivision ") and in connection therewith has installed with the approval of the City certain roads, streets, sewer, water and reuse systems, drainage facilities (including retention and detention ponds), and/or other improvements (collectively, the "Improvements ") under the provisions, conditions, and requirements of the City's Subdivision Regulations and the following Preliminary/Final Subdivision Plan approval by granted the Ocoee City Commission on December 2, 2003: McCormick Woods, Phases 1 & 2, Preliminary / Final Subdivision; and WHEREAS, the Subdivision is located within certain real property located in the City of Ocoee, Orange County, Florida, as more fully described in the attached Exhibit "A" which exhibit is incorporated herein by this reference (the "Property "); and WHEREAS, under Section 4 -4, Subdivision Review Process, of the City's Land Development Code, Developer is required to guaranty the maintenance, materials, and workmanship of the Improvements within the Subdivision; and WHEREAS, in order to obtain the issuance of a Certificate of Completion with respect to the Improvements, the Developer desires to guaranty such maintenance, materials, and workmanship by having _Regions Bank_ (the "Bank ") (or such other bank as may be acceptable to the City) establish an Irrevocable Standby Letter of Credit in favor of the City in substantially the form attached hereto as Exhibit `B" and by this reference made a part hereof ( "Letter of Credit "). NOW THEREFORE, the parties agree as follows: SECTION 1. Establishment of Letter of Credit. Developer does hereby agree to have Bank establish the Letter of Credit in favor of the City in the amount of FORTY FOUR THOUSAND EIGHTEEN AND 80/100 DOLLARS ORLA_258001.3 REVISED January 20, 2011 ($44,018.80) to guaranty the maintenance, materials, workmanship, and structural integrity of the Improvements and the other obligations of the Developer under this Agreement. The Letter of Credit shall be established and drawn upon only in accordance with the terms of the Letter of Credit and this Agreement. SECTION 2. 2 - Year Warranty Period. For a period of two (2) years from the date of issuance of the Certificate of Completion (the "Warranty Period "), the Developer shall maintain the Improvements in a first class condition and shall repair, correct and/or cure any Deficiency (as defined in Section 3 below) within thirty (30) days of receipt of written notice of a Deficiency from the City. The Developer shall pay any and all costs or expenses incidental to the performance of any such work. The City may provide notices of a Deficiency from time to time during the Warranty Period. SECTION 3. City's Right to Draw on Letter of Credit. If at any time during the Warranty Period, the City notifies Developer in writing (i) that the Improvements have not been maintained in a first class condition, (ii) that paving or other structures within the Subdivision have been found by the City to not be in compliance with the Subdivision approval, and/or (iii) that there is a deficiency or fault in the materials, workmanship, or structural integrity of the Improvements which has been found by the City to not be in compliance with the Subdivision approval (collectively, a "Deficiency ") and Developer fails to repair, correct and/or cure such Deficiency to the satisfaction of the City within thirty (30) days from receipt of the notice thereof as set forth in Section 2 above, then the City may draw upon the Letter of Credit without further notice to Developer in order to establish a cash escrow for the performance of the Developer's obligations under this Agreement (the "Cash Escrow "). Additionally, the City may draw on the Letter of Credit in order to establish a Cash Escrow in such amounts as the City deems necessary or appropriate (a) in the event of a default by Developer under this Agreement, and/or (b) as provided for in the Letter of Credit. SECTION 4. Term of Letter of Credit. The Letter of Credit shall be for a term of no less than two (2) years and one (1) month from the date of issuance of the Certificate of Completion. Notwithstanding anything contained in Section 3 above, in the event the City has notified Developer of a Deficiency as provided above, then the term of this Agreement shall continue and the term of the Letter of Credit shall be extended until such Deficiency is corrected. If the City has provided a notice of Deficiency which has not been repaired, corrected and/or cured within thirty (30) days from the date the Letter of Credit (or any extension or replacement thereof) is scheduled to expire, then the City may draw on the Letter of Credit and establish a Cash Escrow for the performance of the Developer's obligations under this Agreement. 2 ORLA_258001.3 SECTION 5. City's Use of Funds Drawn on Letter of Credit. Unless otherwise mutually agreed to by City and Developer, the funds available through the Letter of Credit and any Cash Escrow established under this Agreement shall be used by the City only (a) to repair, correct and/or cure any Deficiency, (b) to cure a breach by Developer of its obligations under this Agreement, and/or (c) to pay for reasonable administrative expenses and attorneys' fees and costs incurred by the City in exercising or otherwise enforcing its rights under this Agreement and Letter of Credit. If the Developer fails or refuses to undertake the repair, correction and/or cure of any Deficiency, then the City may, but shall not be obligated to, undertake such repair, correction and/or cure any Deficiency, the cost of which shall be paid for out of the Letter of Credit and any Cash Escrow established pursuant to this Agreement. In the event the City undertakes any such repair, correction and/or cure, then the City shall be entitled to retain an administrative fee in the amount of two percent (2 %) of the cost thereof and shall also be entitled to reimbursement of all costs and expenses incurred by the City in undertaking such action, including but not limited to its legal fees and costs. The City may use third party contractors to perform any such corrective actions. SECTION 6. Right of Entry for Corrective Activities. In the event the City undertakes to repair, correct and/or cure any Deficiency, then in such event the Developer hereby grants to the City and its employees, contractors and representatives, the right to enter upon the Property and the Improvements for the purpose of performing any such repair, correction, and/or cure. SECTION 7. No Obligation of City to Undertake Repairs or Advance Funds. Nothing contained herein shall be construed to in any way obligate the City to (i) advance City funds for any purpose on behalf of the Developer, or (ii) to undertake the repair, correction and/or cure of any Deficiency. Further, the City shall have no liability to the Developer or any third parties with respect to any corrective actions undertaken by the City. SECTION 8. Excess Funds. In the event that the City draws on the Letter of Credit and establishes the Cash Escrow, then any excess funds shall be returned to the Developer after any and all of the Deficiencies have been repaired, corrected and cured to the satisfaction of the City and after the payment from the Cash Escrow of all obligations of the Developer under this Agreement. SECTION 9. Continued Applicability of Subdivision Regulations. This Agreement shall not be construed to relieve or release Developer from any of its obligations under the City Subdivision Regulations with respect to the Improvements. 3 ORLA_258001.3 SECTION 10. SECTION 11. Construction. This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed as of the date and year first above written. DEVELOPER: By: Print Name: Title: APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor DATE: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON , 20 this day of , 20 UNDER AGENDA ITEM NO. . SHUFFIELD, LOWMAN & WILSON P.A. By: City Attorney 4 ORLA_258001.3 EXHIBIT "A" (Legal Description of Real Property Constituting the Subdivision) 5 ORLA_258001.3 MAINTENANCE, MATERIALS, AND WORKMANSHIP AGREEMENT (SUBDIVISION NAME / PHASE: McCormick Woods Phase 3 ) THIS MAINTENANCE, MATERIALS, AND WORKMANSHIP AGREEMENT (this "Agreement ") is entered into this 22nd day of May , 2012, by M/I Homes of Orlando., LLC, a Florida limited company (the "Developer ") and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City "). WITNESSETH: WHEREAS, Developer, or its predecessor -in- interest or its predecessor -in title, has developed and/or constructed a subdivision known as McCormick Woods (the "Subdivision ") and in connection therewith has installed with the approval of the City certain roads, streets, sewer, water and reuse systems, drainage facilities (including retention and detention ponds), and/or other improvements (collectively, the "Improvements ") under the provisions, conditions, and requirements of the City's Subdivision Regulations and the following Preliminary/Final Subdivision Plan approval by granted the Ocoee City Commission on June 6, 2006: McCormick Woods, Phase 3, Preliminary / Final Subdivision; and WHEREAS, the Subdivision is located within certain real property located in the City of Ocoee, Orange County, Florida, as more fully described in the attached Exhibit "A" which exhibit is incorporated herein by this reference (the "Property"); and WHEREAS, under Section 4 -4, Subdivision Review Process, of the City's Land Development Code, Developer is required to guaranty the maintenance, materials, and workmanship of the Improvements within the Subdivision; and WHEREAS, in order to obtain the issuance of a Certificate of Completion with respect to the Improvements, the Developer desires to guaranty such maintenance, materials, and workmanship by having Regions Bank (the "Bank ") (or such other bank as may be acceptable to the City) establish an Irrevocable Standby Letter of Credit in favor of the City in substantially the form attached hereto as Exhibit `B" and by this reference made a part hereof ( "Letter of Credit "). NOW THEREFORE, the parties agree as follows: SECTION 1. Establishment of Letter of Credit. Developer does hereby agree to have Bank establish the Letter of Credit in favor of the City in the amount of SEVENTEEN THOUSAND ONE HUNDRED THIRTEEN 90/100 ORLA_258001.3 REVISED January 20, 2011 DOLLARS ($17,113.90) to guaranty the maintenance, materials, workmanship, and structural integrity of the Improvements and the other obligations of the Developer under this Agreement. The Letter of Credit shall be established and drawn upon only in accordance with the terms of the Letter of Credit and this Agreement. SECTION 2. 2 - Year Warranty Period. For a period of two (2) years from the date of issuance of the Certificate of Completion (the "Warranty Period "), the Developer shall maintain the Improvements in a first class condition and shall repair, correct and/or cure any Deficiency (as defined in Section 3 below) within thirty (30) days of receipt of written notice of a Deficiency from the City. The Developer shall pay any and all costs or expenses incidental to the performance of any such work. The City may provide notices of a Deficiency from time to time during the Warranty Period. SECTION 3. City's Right to Draw on Letter of Credit. If at any time during the Warranty Period, the City notifies Developer in writing (i) that the Improvements have not been maintained in a first class condition, (ii) that paving or other structures within the Subdivision have been found by the City to not be in compliance with the Subdivision approval, and/or (iii) that there is a deficiency or fault in the materials, workmanship, or structural integrity of the Improvements which has been found by the City to not be in compliance with the Subdivision approval (collectively, a "Deficiency ") and Developer fails to repair, correct and/or cure such Deficiency to the satisfaction of the City within thirty (30) days from receipt of the notice thereof as set forth in Section 2 above, then the City may draw upon the Letter of Credit without further notice to Developer in order to establish a cash escrow for the performance of the Developer's obligations under this Agreement (the "Cash Escrow "). Additionally, the City may draw on the Letter of Credit in order to establish a Cash Escrow in such amounts as the City deems necessary or appropriate (a) in the event of a default by Developer under this Agreement, and/or (b) as provided for in the Letter of Credit. SECTION 4. Term of Letter of Credit. The Letter of Credit shall be for a term of no less than two (2) years and one (1) month from the date of issuance of the Certificate of Completion. Notwithstanding anything contained in Section 3 above, in the event the City has notified Developer of a Deficiency as provided above, then the term of this Agreement shall continue and the term of the Letter of Credit shall be extended until such Deficiency is corrected. If the City has provided a notice of Deficiency which has not been repaired, corrected and/or cured within thirty (30) days from the date the Letter of Credit (or any extension or replacement thereof) is scheduled to expire, then the City may draw on the Letter of Credit and establish a Cash Escrow for the performance of the Developer's obligations under this Agreement. 2 ORLA_258001.3 SECTION 5. City's Use of Funds Drawn on Letter of Credit. Unless otherwise mutually agreed to by City and Developer, the funds available through the Letter of Credit and any Cash Escrow established under this Agreement shall be used by the City only (a) to repair, correct and/or cure any Deficiency, (b) to cure a breach by Developer of its obligations under this Agreement, and/or (c) to pay for reasonable administrative expenses and attorneys' fees and costs incurred by the City in exercising or otherwise enforcing its rights under this Agreement and Letter of Credit. If the Developer fails or refuses to undertake the repair, correction and/or cure of any Deficiency, then the City may, but shall not be obligated to, undertake such repair, correction and/or cure any Deficiency, the cost of which shall be paid for out of the Letter of Credit and any Cash Escrow established pursuant to this Agreement. In the event the City undertakes any such repair, correction and/or cure, then the City shall be entitled to retain an administrative fee in the amount of two percent (2 %) of the cost thereof and shall also be entitled to reimbursement of all costs and expenses incurred by the City in undertaking such action, including but not limited to its legal fees and costs. The City may use third party contractors to perform any such corrective actions. SECTION 6. Right of Entry for Corrective Activities. In the event the City undertakes to repair, correct and/or cure any Deficiency, then in such event the Developer hereby grants to the City and its employees, contractors and representatives, the right to enter upon the Property and the Improvements for the purpose of performing any such repair, correction, and/or cure. SECTION 7. No Obligation of City to Undertake Repairs or Advance Funds. Nothing contained herein shall be construed to in any way obligate the City to (i) advance City funds for any purpose on behalf of the Developer, or (ii) to undertake the repair, correction and/or cure of any Deficiency. Further, the City shall have no liability to the Developer or any third parties with respect to any corrective actions undertaken by the City. SECTION 8. Excess Funds. In the event that the City draws on the Letter of Credit and establishes the Cash Escrow, then any excess funds shall be returned to the Developer after any and all of the Deficiencies have been repaired, corrected and cured to the satisfaction of the City and after the payment from the Cash Escrow of all obligations of the Developer under this Agreement. SECTION 9. Continued Applicability of Subdivision Regulations. This Agreement shall not be construed to relieve or release Developer from any of its obligations under the City Subdivision Regulations with respect to the Improvements. 3 ORLA_258001.3 SECTION 10. Construction. This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed as of the date and year first above written. DEVELOPER: By: Print Name: Title: APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor DATE: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON , 20 _, this day of , 20 UNDER AGENDA II'EM NO. . SHUFFIELD, LOWMAN & WILSON P.A. By: City Attorney 4 ORLA_258001.3 EXHIBIT "A" (Legal Description of Real Property Constituting the Subdivision) DESCRIPTION: A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST ONE— QUARTER (NE 1/4) OF THE SOUTHWEST ONE— QUARTER (SW 1/4) OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST; THENCE SOUTH 00 °07'25" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE— QUARTER (NE 1/4) OF THE SOUTHWEST ONE— QUARTER (SW 1/4) OF SAID SECTION 32, A DISTANCE OF h 707.93 FEET; THENCE NORTH 8823'49" WEST, 618.03 FEET; THENCE NORTH 00°07'39" WEST ALONG THE EASTERLY RIGHT —OF —WAY LINE OF STATE ROAD 429, A DISTANCE OF 683.41 FEET; THENCE NORTH 89 19'46" EAST ALONG THE NORTH LINE OF THE NORTHEAST ONE— QUARTER (NE 1/4) OF THE SOUTHWEST ONE— QUARTER (SW 1/4) OF SAID SECTION 32, A DISTANCE OF 617.82 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 9.866 ACRES MORE 01? LESS. 5 ORLA 258001.3 BID #B12 -05 MAGUIRE ROAD RECLAIMED WATER STORAGE PROJECT BID TABULATION 5/15/12 2:00 P.M. BID TAB CenState Contractors, Inc. Close Construction, LLC E1 ore Construction Co., LLC L7 Construction, Inc. McMahan Construction Co.,Inc. Attendance at Mandatory Pre -Bid Conference yes yes yes yes yes Acknowledged Addenda 1 & 2 yes yes yes yes yes Bid Security Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond License Check n/a Active Active Active n/a Required Forms n/a yes yes yes n/a DESCRIPTION EST'D QTY. UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Mobilization, Bonds, General Conditions 1 $63,600.00 $63,600.00 $63,470.00 $63,470.00 $50,000.00 $50,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 Erosion and Sedimentation Control 1 $2,100.00 $2,100.00 $5,500.00 $5,500.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 $2,000.00 $2,000.00 Site Preparation 1 $10,900.00 $10,900.00 $53,746.00 $53,746.00 $20,000.00 $20,000.00 $4,000.00 $4,000.00 $20,000.00 $20,000.00 Fumish and Install Yard Piping 1 $79,900.00 $79,900.00 $34,847.00 $34,847.00 $142,000.00 $142,000.00 $117,000.00 $117,000.00 $70,000.00 $70,000.00 Fumish and Install 0.75 MG Ground Storage Tank 1 $392,000.00 $392,000.00 $340,000.00 $340,000.00 $349,000.00 $349,000.00 $360,000.00 $360,000.00 $442,000.00 $442,000.00 Fumish and Install Motor - operated 20" Butterfly Valve 1 $14,400.00 $14,400.00 $504.00 $504.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $18,000.00 $18,000.00 Fumish and Install Motor Operator for 12" Tapping Valve 1 $9,500.00 $9,500.00 $7,553.00 $7,553.00 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $14,000.00 $14,000.00 Fumish and Install Motor Operator for Existing 20" Butterfly Valve 2 $8,600.00 $17,200.00 $14,453.00 $28,906.00 $8,000.00 $16,000.00 $8,000.00 $16,000.00 $9,000.00 $18,000.00 Fumish and Install 12" Magnetic Flowmeter 1 $4,200.00 $4,200.00 $4,449.00 $4,449.00 $4,000.00 $4,000.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00 Fumish and Install 20" Magnetic Flowmeter 1 $6,000.00 $6,000.00 $9,088.00 $9,088.00 $6,000.00 $6,000.00 $20,000.00 $20,000.00 $12,000.00 $12,000.00 Fumish and Install Electrical, Instrumentation & Controls 1 $156,400.00 $156,400.00 $158,807.00 $158,807.00 $100,000.00 $100,000.00 $135,000.00 $135,000.00 $105,400.00 $105,400.00 Construct Stormwater Management System 1 $6,500.00 $6,500.00 $7,500.00 $7,500.00 $2,760.00 $2,760.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 Remove Existing 6' Chain Link Fence w /Barbed Wire 60 $3.34 $200.40 $2.00 $120.00 $4.00 $240.00 $140.00 $8,400.00 $10.00 $600.00 Fumish and Install Landscaping and Restoration 1 $9,600.00 $9,600.00 $7,020.00 $7,020.00 $4,000.00 $4,000.00 $6,000.00 $6,000.00 $3,000.00 $3,000.00 TOTAL $772,500.40 $721,510.00 $719,000.00 $741,400.00 $752,000.00 Bids are listed in alphabetical order. 2 1 3 License check, submitted forms & references verified only on lowest three firms. Highlighted amounts are price discrepancies on bid form. SECTION 00020 INVITATION TO BID #B12 -05 MAGUIRE ROAD RECLAIMED WATER STORAGE OCOEE, FLORIDA Sealed bids, in duplicate, will be received at the office of the Purchasing Agent, Finance/Purchasing Department, City of Ocoee, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761, until 2:00 pm, local time, on May 15, 2012. Sealed bids must be date and time stamped at the office of the Purchasing Agent before that time. Bids received after that time will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the bidder. Bids submitted after the designated time will be returned unopened. All bids received before the due date and time will be publicly opened and read aloud by the Purchasing Agent or her designee in the City of Ocoee City Hall Conference Room at approximately 2:01 pm. Description of Work: All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by the City of Ocoee. The proposed project will be awarded and constructed, if an award is made, in conformance with the plans and specifications. Bids shall deemed to include all items necessary for furnishing, delivering, and installing all materials, equipment, incidentals, and services, including all labor, for the work, which is generally described as, the following: The project consists of the construction of a 0.75 million gallon (MG) pre- stressed concrete storage tank, 20 -inch diameter ductile iron piping for connection to the intake side and discharge manifolds of a reclaimed water high service pump station and 12 -inch connection of the inlet side to the existing distribution system piping, with electric- operated valves, plus control instruments and equipment and provisions for future connection to the City's SCADA system. Work will also include all necessary maintenance of traffic, fittings, joint restraint, pipe testing, removal and replacement of concrete pavement, sodding and other restoration as will be required. Work will be performed in a limited area and on a common easement with a small business. All work activities will need to be done keeping these constraints in mind. All work activities shall be required to be in accordance with the permits issued by the respective agencies. All work performed will be required to be done while maintaining the functional operation of the existing reclaimed water mains. Prospective bidders may secure a copy of the documents required for submitting a bid through Onvia/Demandstar by accessing the City's website at www.ocoee.org under Finance/Purchasing. 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; Fees may apply for non - members. Membership with Onvia/Demandstar is not required to submit a bid. 00020-1