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Home My WebLink AboutItem #10 Approval to Reject the Single Bid #B18-04 for the Ocoee Lakefront Park Phase 1A ocoee florida AGENDA ITEM COVER SHEET Meeting Date: August 7, 2018 Item # /Q Reviewed By: JoyContact Name: Anthony ce Tolbert/Vanessa Director: Contact Number: 1516 City Manager: 77I Subject: Approval to Reject the single Bid for#B18-04 Ocoee Lakefront Pa k Phase 1A Background Summary: The City intended to award a contract for the Ocoee Lakefront Park Phase 1A. The bid was publicly advertised on June 18, 2018, and opened on July 18, 2018. There was a single (1) bid received from Oelrich Construction; the bid provided two prices, a bid of $1,320,114 based on the bid form quantities with line item detailed pricing and a second qualified sum bid of $1,761,529 based on the bidders plan take-off quantities. A third bid of $1,541,412 was provided later by Oelrich when the City asked for clarification of their qualified bid price. The Support Services and Finance Departments reviewed the single bid received. Staff recommends rejecting the bid due to all prices being substantially higher than the engineer's estimate of construction costs, as described in the attached July 24, 2018, letter from S&ME, the City's park design firm. Based on our analysis and that of the design firm S&ME, the bid prices appear to be substantially higher than being proposed by other firms for similar work elsewhere in Central Florida, per the attached recommendation from Al Butler, Support Services Director. Staff considers it to be in the best interest of the City to re-bid this project with a revised scope of work and plans. The City will maintain the public records exempt status for Oelrich's bid until after the project has been re-bid and awarded. Issue: Should the City Commission reject the bid for the Ocoee Lakefront Park Phase 1A, as recommended b the Support Services Director? Recommendations: Staff recommends that the City Commission reject the bid from Oelrich Construction for the Ocoee Lakefront Park Phase 1A. Staff intends to revise the bid documents and re-bid this project. Attachments: 1. ITB #B18-04 2. Rejection Recommendation from Support Services Director Financial Impact: None Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading xj Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. — N/A Reviewed by ( ) N/A 2 AIM Wilk & dif " ' iifIIMMIIiii July 24, 2018 City of Ocoee Ocoee, FL Attention: Mr.Al Butler Reference: Ocoee Phase lA Bid Review Dear Al: S&ME has received the bid form which Oelrich Construction submitted for the Phase la bid of Ocoee's Lakefront Park and understands that the bid submitted exceeded the Opinion of Probable Construction Costs which we had prepared. Furthermore, we understand that Oelrich Construction observed variations between our provided quantities and those calculated by their review of the plan. The following is our review of the Oelrich Construction bid and our opinions regarding the discrepancies identified. General • Our Opinion of Probable Costs was focused upon project element/unit pricing for the programed improvements.Items such as Mobilization (3%), General Conditions & General Requirements (8%), General Liability Insurance (.55%), Bonds (.64%) &Contractor Fee (5%). These contractor costs frequently are found to be approximately 15%of the construction budget following any contingency. Some of these costs may have been integrated into the unit pricing. • Increased markups could be included in the bid numbers due to the fast time-frame for construction of the project • It is difficult to know if this bid would be considered a high bid due to the lack of any other bids on the project • We have recently heard of some contractors limiting the pursuit of projects to only high budget projects. Phase la and lb combined may have realized more bids. Architecture—approximately $35K over estimate • The estimate was based upon pavilion square foot costs. Fabrication on site or in the shop can impact the project costs. Fencing and Columns—approximately $90K over estimate • Brick Columns—a recent bid of a project of ours with the same design features realized a bid of $1,200 per column ($78,000 less than the bid). S&ME,Inc.11615 Edgewater Drive,Suite 200 I Orlando,FL 32804 I p 407.975.1273 I www.smeinc.com Ocoee Phase 1A Bid Review July 24, 2018 City of Ocoee Page 2 Lighting and Electrical Service—approximately$200K over estimate • Event Power Pedestals—circuitry for each pedestal was not included in the cost and is anticipated to add +/- $750 to each pedestal ($17,250 to the opinion) • Electrical Service—we are not sure if this is a cost carried by the City via Duke or the contactor but relocation of the transformer may have added costs to this item. • Additional items for electrical service were not included in our opinion of cost such as transformer pad, distribution panels, lighting controllers, conduit and wiring. We anticipated these costs would add approximately$100K to the cost of the electrical Landscape and Irrigation—approximately$35K over estimate • Trees—currently we are seeing prices escalate due to availability and costs can vary from nursery to nursery. • Sod—at this time, Zoysia Sod can be $.58 sf and St.Augustine can be at $.35 sf. However, currently availability is limited due to demand and rain and in some cases,Zoysia is being sourced from the panhandle and Georgia. • Tree Irrigation—our irrigation designer recommends $100 for each tree. Site Civil and Utilities—approximately$110K over estimate • Construction Entrances—Can be reduced down to one.The bid form assumed that it was covered under Mobilization. • Silt Fence—silt fence materials can vary and realize a cost difference.The unit cost is more than twice the amount we have seen for recent projects in the area and FDOT historic costs. The silt fence in our plan did not go entirely around the project perimeter where the estimate did.We didn't feel silt fence was needed on high areas where water onto the site and not off. • Inlet Protection—Unit cost was more than twice the amount we have seen for recent projects in the area and FDOT historic costs • Milling Existing Asphalt—Our cost opinion incorrectly noted the unit as square feet but the quantity was based upon square yard.The result led to the discrepancy in the difference in quantities and total price. • Demolition of Existing 4" Sidewalk— Difference comes in removing the existing sidewalk south of Withers Maguire and West side of Lakefront Center. Our revised takeoff is in close proximity to the bid quantity. On top of that the unit price came back much higher than we have seen for recent projects in the area and FDOT historic costs • Remove Brick Pavers—We had lumped the concrete paver removal in with the brick paver removal.Also,we did not account for Addendum 1 removal of planters and pavers around the planters in the original bid form. • Fine Grading—Unit price came back much higher than we have seen for recent projects in the area and FDOT historic costs. • Catch Basin FDOT Index 232—Unit price came back much higher than we have seen for recent projects in the area and FDOT historic costs. • Manhole FDOT Index 200—Unit price came back much higher than we have seen for recent projects in the area and FDOT historic costs. • Curbing—When we re-did the take off our quantity was 1,765 feet versus their 2,236 feet.We are unsure of the discrepancy in length. S&ME,Inc. Ocoee Phase 1A Bid Review July 24, 2018 City of Ocoee Page 3 • Optional Base—Our quantity take off incorrectly converted from square feet to square yard which led to the difference in the quantities. • SP-9.5 Asphaltic Concrete—We re-check the asphalt quantity and confirmed 272 Tons using the FDOT method versus their 410 tons.It looks like they may have inadvertently copied the cell quantity from above. To make it worse, the unit price came back much higher than we have seen for recent projects in the area and FDOT historic costs. • 4" and 6" Concrete Sidewalks—Unit price came back much higher than we have seen for recent projects in the area and FDOT historic costs. • 12" PVC piping and Yard Drain—These were added after the bid takeoff to account for the southwest corner of the Lakefront center. We look forward to the opportunity to review the bid with Oelrich Construction to discuss the variations. One concern of ours is that the project schedule/timetable and the current market may have had a negative impact on the cost as evidenced by several of the unit prices that were 2 to 3 times the unit prices of our opinion of probable cost. Sincerely, S&ME, Inc. / Peeed / / „ Carrie E. Read, PLA,ASLA Bruce C. Hall, RLA, ASLA Sr. Landscape Architect/Project Manager Principal Landscape Architect S&ME,Inc. Anthony, Vanessa From: Butler,Al Sent: Wednesday,July 25, 2018 10:26 AM To: Anthony,Vanessa Cc: Tolbert, Joyce; Roberts,Rebecca; Shadrix, Craig; Gaines, Douglas Subject: RE: B1804 Ocoee Lakefront Park Attachments: Ocoee Lakefront Park Phase la Bid Review_BE.PDF Thank you for your work to put out the bid documents and valuate the one bid received for work on Phase la of the Lakefront Park Improvements project,which had an expected cost of about$900,000. Based on the following factors, I recommend that the City Commission reject the bid from Oelrich Construction, Inc.: 1. Only one firm bid (Oelrich)on the work. 2. The bid provided two prices, a bid of$1,320,114 based on the bid form quantities with line item detailed pricing and a second lump sum bid of$1,761,529 based on the company's plan take-off quantities. 3. A third bid of$1,541,412 was provided later by Oelrich when the city asked for clarification of the higher bid price. 4. All prices being substantially higher than the engineer's estimate of construction cost, as described in the attached July 24, 2018, letter from S&ME, the city's park design firm. 5. Based on our analysis and that of the design firm S&ME, the bid prices appear to be substantially higher than being proposed by other firms for similar work elsewhere in Central Florida. We do not want to rebid the work as described. We will examine the advisability of combining the scope of Phase la with other subsequent phases of the overall park project and re-bidding the work at a later date. Thanks, again,for your work on this procurement effort. Al Butler Director Support Services Dept. 407-554-7063 abutler@ci.ocoee.fl.us 1 Mayor Commissioners Rusty Johnson John Grogan, District 1 City Manager � Rosemary Wilsen, District 2 Robert Frank Richard Firstner, District 3 George Oliver III, District 4 ocoee florida CITY OF OCOEE INVITATION TO BID #B18-04 OCOEE LAKEFRONT PARK PHASE 1A City of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761 phone:(407)905-3100•fax: (407)905-3194•www.ocoee.org TABLE OF CONTENTS FOR BID #B18-04. OCOEE LAKEFRONT PA' ' SE```A BID DOCUMENTS Section Page Legal Advertisement 4 Bid Instructions 5 - 8 General Terms & Conditions 9 -20 List of Subcontractors*,p. 19 Equipment Listing*,p. 19 References/Experience*,p. 19 Summary of Litigation*,p. 20 Acknowledgement of Addenda*,p. 20 SCOPE OF WORK,BID FORM,AND PLAN SHEETS Section Page Exhibit A—Scope of Work 21 Change Order Form 22-24 Payment Application Form 25-26 Exhibit B—Bid Form*Available as an Excel file on Demandstar 27-28 Exhibit C—Bid, Performance, and Payment Bond Forms 29-39 Sworn Statement on Public Entity Crimes Form* 40-42 Drug Free Workplace Certification Form* 43 Certification of Nonsegregated Facilities* 44 Conflict of Interest Disclosure Form* 45 Certification Regarding Scrutinized Companies'Form* 46 Company Information and Signature Sheet* 47 2 B 18-04 Ocoee Lakefront Park Phase 1A Contract for Construction 48-56 Exhibit D -- S &ME plans & specifications 57 *Submit with Bid End Table of Contents (Remainder of page left blank intentionally.) 3 B18-04 Ocoee Lakefront Park Phase 1A Invitation to Bid,Legal Advertisement The City of Ocoee, Florida, (the "City") is soliciting sealed bids for the following project: BID #B18-04 Ocoee Lakefront Park Phase 1A.Bids will be received at the office of Vanessa Anthony, Purchasing Technician,Finance Department/Purchasing,Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 P.M.,local time,on July 18,2018 (Wednesday). Bids received after that time will not be accepted under any circumstances. Sealed Bids that have been timely received will be publicly opened and read aloud at that time. A non-mandatory Pre-Bid Conference will be held at 10:00 A.M., local time, on June 26, 2018 (Tuesday) at Ocoee City Hall, 150 N. Lakeshore Drive, Ocoee, FL 34761. Prospective bidders may secure a copy of the documents required for submitting a bid through Onvia/DemandStar by accessing the City's website at http://www.ocoee.org under the "Businesses/Working with the City" section. Partial sets of the documents required for submitting a bid will not be issued.By using Onvia/DemandStar,prospective bidders will be provided with all addendums and changes to the project requirements.Membership with Onvia/DemandStar is not required to submit a bid;fees may apply for non-members. Persons other than prospective bidders may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, City Clerk, June 18, 2018. 4 B18-04 Ocoee Lakefront Park Phase 1A CITY OF OCOEE INVITATION TO BID#B18-04 OCOEE LAKEFRONT PARK PHASE 1A INTENT: Sealed bids for Bid #B 18-04 will be received by the City of Ocoee, hereinafter called "City" or "Owner," by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called"Bidder". The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for the Ocoee Lakefront Park Phase 1A, in the City of Ocoee, as listed under the "Scope of Work/Bid Form" per plans/specifications provided by S &ME section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each Bidder shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid, as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil.No erasures are permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by the person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and should be properly witnessed and attested. All bids should also include the name and business address of any person, firm, or corporation interested in the bid, either as a principal, member of a firm, or general partner. If the Bidder is a corporation, the bid should include the name and business address of each officer, director, and holder of 10%or more of the stock of such corporation. B. Any questions or concerns regarding this bid should be addressed in writing to the Finance Department/Purchasing, City of Ocoee, FL, Attention: Vanessa Anthony, Purchasing Technician (407) 905- 3100, extension 1513, or email preferred vanthony@ci.ocoee.fl.us , and must be received not later than 2:00 P.M. on July 11, 2018. Any clarifications/changes will be made by way of written addenda only, issued by the Finance Department/Purchasing. Bidders should not contact other City staff or other City consultants for information before the bid award date. Any contact with any other member of the City Staff, City Commission, or its agents during this time period may be grounds for disqualification. C. This bid must be received as one (1) original and two (2) copies, of the required submittals only, by the Finance Department/Purchasing not later than 2:00 P.M., local time, on July 18, 2018. Bids received by the Finance Department/Purchasing after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e-mail will not be accepted. Bids shall be delivered in a sealed envelope, clearly marked with the bid number, title, and opening date and time to: City of Ocoee Finance Department/Purchasing Attention: Vanessa Anthony,Purchasing Technician 150 N Lakeshore Drive Ocoee,FL 34761-2258 D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as possible, on the above-appointed date. Bidders or their authorized agents are invited to be present. The actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. 5 B18-04 Ocoee Lakefront Park Phase 1A E. All Bidders shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Cashier's or Certified check or Bid Bond; b) List of References/Experience; c) List of Subcontractors/Temporary Worker Agencies; d) Equipment Listing; e) Summary of Litigation; f) Bid Form g) Conflict of Interest Disclosure Form h) Scrutinized Companies i) Certification of Nonsegregated Facilities j) Drug-Free Workplace Certification k) Sworn Statement on Public Entity Crimes 1) Any other information specifically called for in these Bid Documents. F. Submission of a bid shall constitute an acknowledgment that the Bidder has complied with Paragraph E. The failure or neglect of a Bidder to receive or examine a bid document shall in no way relieve it from any obligations under its bid or the contract. No claim for additional compensation that is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work will be allowed. All items quoted shall be in compliance with the bid documents/scope of work. G. A Pre-Bid Conference has been scheduled for this project on June 26, 2018 at 10:00 a.m. 150 N Lakeshore Dr. Ocoee, FL 34761 H. Any response by the City to a request by a prospective Bidder for clarification or correction will be made in the form of a written addendum communicated through Onvia/Demandstar issued not later than twenty-four (24) hours before bid opening. It shall be the responsibility of each prospective Bidder to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning date and time of bid opening, at any time up to the date and time set for bid opening. In this case, bids that have been received by the City prior to such an addendum being issued will be returned to the Bidder unopened. In case any Bidder fails to acknowledge receipt of any such Addendum in the space provided in the bid documents, its bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Bidders are cautioned that any other source by which a Bidder receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. I. Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of its bid: a) Submission of more than one (1) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms,partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among Bidders; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City's judgment and sole discretion, raises doubts as to Bidder's ability to properly perform the work; or 6 B 18-04 Ocoee Lakefront Park Phase IA e) Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Bidder or the rejection of its bid. J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award to provide any goods or services to a public entity, may not submit a bid on an award with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See s. 287.133(2) (a), Florida Statutes.] K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by Chapter 119, Florida Statutes, and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their bids that they consider confidential and/or proprietary and that they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. PUBLIC RECORDS COMPLIANCE.The City of Ocoee(City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407- 905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761 7 B 18-04 Ocoee Lakefront Park Phase IA No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid opening. A request for withdrawal or a modification of a bid may be submitted to the Purchasing Agent, in writing, at any time prior to the deadline for submitting bids. After expiration of the deadline for receiving bids, no bid may be withdrawn or modified. The City reserves the right to accept or reject any or all bids, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any bid, or to re-advertise for new bids. The City may accept any item or group of items of any bid, unless the Bidder qualifies its bid by specific limitations. The City may accept one or more bids if, in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Bidder which, in the City's sole discretion, is the most responsive and responsible Bidder. The City reserves the right, as an aid in determining which bid is responsible, to require a bidder to submit such additional evidence of Bidder's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all bids. (Remainder of page left blank intentionally.) 8 B18-04 Ocoee Lakefront Park Phase 1A GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by a Cashier's/Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5%) of the amount of the bid. A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. Please note that Cashier's/Certified Checks will be deposited. b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City, then such respondent shall be liable to the City in the full amount of the check or bid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required bond and required insurance coverage is to be included in the respondent's overhead and is not eligible for reimbursement as a separate cost by the City. e) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work or until the 91st day after bid opening, whichever is earlier. The remaining checks will be returned within thirty(30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. fl 2. PERFORMANCE AND PAYMENT BONDS (Required if Project is over$200,000.00.) a) The Successful Respondent shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used. b) The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds.The date of the certification cannot be earlier than the Agreement. 3. DEFAULT: As a result of bids received under this Invitation, the award of the contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Contractor not meet the delivery deadline(s) set forth in the specifications or should the Contractor fail to perform any of the other 9 B 18-04 Ocoee Lakefront Park Phase IA provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City's rights and remedies hereunder. 4. PATENT INDEMNITY: Except as otherwise provided, the successful Bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Respondent and persons employed or utilized by the Respondent in the performance of the construction contract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the bidder uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached and provided as an excel file on Demandstar, to include any alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the Scope of Work/Bid Sheet. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the bidder and the City assumes no responsibility for such costs incurred by the bidder. The Bid form may not be completed in pencil. All entries on the Bid form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Bidder to clarify an illegible entry on the Bid form. If the Bid form requires that the Bid price, or constituent portions of the Bid price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Bid form should be provided by the Bidder and be correctly computed. If there is an arithmetical conflict, between the unit price stated by the Bidder on the Bid form and the total price stated by the Bidder on the Bid form, the unit price stated by the Bidder on the Bid form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Bid form to calculate the total price, utilizing the unit prices that have been identified by the Bidder. The taking of such action by the City shall not constitute grounds for the Bidder to withdraw its bid nor shall it provide a defense constituting discharge of the bid bond. The City reserves the right, but does not assume the obligation,to waive any 10 B 18-04 Ocoee Lakefront Park Phase IA mistake, omission, error or other irregularity that may appear on the Bid form. However, the City reserves the right to reject as non-responsive Bid forms that are incomplete or contain information that is not required. a) The Bidder represents that the article(s) to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Bidder or with any competitor; c) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; d) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); e) Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida Purchasing Division; and f) Bidder agrees that supplies/services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Bidder gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible Bidder according to the following criteria: • Compliance with scope of work, specifications, terms, and conditions • Bid price • Warranty offered • Experience with similar work • Successful reference check 11 B 18-04 Ocoee Lakefront Park Phase IA 9. LITERATURE: If required by the scope of work, or the specifications, descriptive literature/brochures shall be included with this bid in order to properly evaluate make/model offered. Bids submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: 1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or(b) applicable federal, state, or local law.No bid protest may be based upon questions concerning the design documents(drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Agent not later than five (5) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Purchasing Agent, on behalf of the City, shall make a determination of the merits of the protest not later than five(5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. The Owner shall deduct ten (10%) retainage until the job is fifty (50%) complete. Subsequent to the fifty percent (50%) completion milestone, Owner shall reduce retainage withheld on each payment application to five (5%) retainage. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. 12 B18-04 Ocoee Lakefront Park Phase 1A The City of Ocoee, Florida has the following tax exemption certificates assigned: • Florida Sales &Use Tax Exemption Certificate No. 85-8013779974C-0; and • Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and • local sales taxes. 12. CONTRACT: a) The successful Bidder hereinafter referred to as "Contractor,"will be required to enter into a contract with the City. The contract shall be a written agreement similar to the ASCE standard construction contract or City-issued purchase order. Construction time will be substantial completion by October 15, 2018 and October 30, 2018 final completion. Liquidated damages in the amount of$1,000 per day shall apply to any failure to meet the final completion date b) The City may in its sole discretion award any additional work, whether in the existing area, or in any additional area, to any third party, or such work may be performed by the City's employees. Contractor will be expected to cooperate with any or all other Contractors who may be performing work for the City. 13. SAFETY REQUIREMENTS: The Bidder guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations. a) All contractors are required to comply with the Congressional Federal Register (CFR) of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry Standards, that are applicable in construction work. b) The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site. c) Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of Ocoee) and that a first aid kit is available. d) All individuals are required to wear hard hats on all construction sites. e) Provide personal protective equipment that may be required for jobs in progress (e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.). f) Observe the speed limit on City property. g) Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required. h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement. i) Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear. j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up. k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 13 B 18-04 Ocoee Lakefront Park Phase 1 A 1) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc. 14. DRUG-FREE WORKPLACE FORM: Provide a statement concerning the Bidder's status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES FORM The Bidder certifies that the Bidder does not and will not maintain or provide for the Bidder's employees any segregated facilities at any of the Bidder's establishments and that the Bidder does not permit the Bidder's employees to perform their services at any location, under the Bidder's control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Bidder agrees that (except where the Bidder has obtained identical certification from proposed contractors for specific time periods) the Bidder will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the Bidder will retain such certifications in the Bidder's files. The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. CONFLICT OF INTEREST/NON-CONCLUSION CERTIFICATION FORM: The Bidder declares by submission of a qualification package that the only persons, or parties interested in their bid are those named herein,that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee.Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The Bidder certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.) The Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of 14 B18-04 Ocoee Lakefront Park Phase lA interest is identified in the provision of services, the Bidder agrees to immediately notify the City in writing. Bidder must submit the attached Conflict of Interest Disclosure Form. The Bidder further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Bidder offers and agrees that if this negotiation is accepted, the Bidder will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Bidder. The bid constitutes a firm and binding offer by the Bidder to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT FORM: All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." All Bidders who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133, (2)(a),Florida Statutes. 18. SCRUTINIZED COMPANIES The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under 15 B 18-04 Ocoee Lakefront Park Phase 1 A Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Respondent must submit the attached Certification Regarding Scrutinized Companies' Lists Form. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's Building Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the contractor. 19. INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of"A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S.440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE,this policy should name the City of Ocoee as an additional insured,and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor,and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability&Property Damage Liability • $1,000,000 Combined single limit per occurrence(each person,each accident) 16 B18-04 Ocoee Lakefront Park Phase 1A ■ All covered automobile will be covered via symbol 1 • Liability coverage will include hired&non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL&ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 4) Owner's Protective Liability Insurance: n/a for this project. 5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE 6) Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability 7) Builders Risk: n/a for this project 8) Certificates of Insurance: Certificate of Insurance Form(see sample attached),naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: 9) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. 10)Statement that the Insurer shall mail notice to the Owner at least thirty(30)days prior to any material changes in provisions or cancellation of the policy, except ten(10) days written notice of cancellation for non-payment of premium. 17 B 18-04 Ocoee Lakefront Park Phase 1 A I ACORD_ CERTIFICATE OF LIABILITY INSURANCE i C �11�0"sBio+ PAWNOR TNM CQTWICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO MOM UPON THE CERTWICATE , HOLDER TIES CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THIS COVERAGE AFFORDED WTI!POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL• MOM M UMMA a■rt a.UM!A•w acs.. MIER& Contracastor'• Immo• � c aMllsl o COVERAG MjO MMOL MIMA CIUIMDMAN WM BEEN MID TOMteMIMI INIMAMM MR M PC4CI MODM ICATM.IMMOIeTMDMO MYIMIUMDMIT.TM1aMGUIDONOF MnO OMMMOOIA OMMIMINITH IMPICT10 MMWIMMISMMAIRver MMUM OR am.MUM.MISIIM IMMICIM WI MI MUM COM=MOMS M*MTTOALLMTMMIMUMOaAIM COMMIS Or SUM gaps.ADaoaaLINTS SOMI MYRWIEKO MIMID WVMOON& M� p�U�'Dg1I LT• ` TIMOMIMMICI MusrsMO i�1TR"MigTTr UM SISAL LeaanY M�� al MAW a 1,000.000 X E ML OOssIC •ssRAaLMYTY rlMMwwq sS0,000 I, la (40.04 � „al a NMC?(Wm orMi s5,000 MOMN.aa MINIUM s1,000,000 — MBA ADMMM 1 11,000.000 OWL AMeeMTI MTAM MAeR MIDOUOTS-COMP AM•s 3,000,000 AursOsaweam 1:27= IUMT $1.000.000 ALLO MIAUl0I ver..NW 1 —i1M1aW WOO X IM OAUTOS 110115.T KA.o $ Z Norm=sums — •MMeIYMaeY AUTO OMY•M AOOMMIT a MN AUTO A MAOI'L MMI:I. M0 I �IM-IAII_ M ALAMM "MN ODMUMMa 31,000.000 X J OCOM El MeeeIc$ mammy s2,000.000 s ROMUCTME s MEIN ON 1tO I maO MO Osammormesum xltb'fv4::ti I° I ..,ATM IIMIMMTV Il•11,01AMAM I I Soo.000 PIWOPM °R'"R^� ILL•aur•caovum 1300,000 r M1..•.L e. his. ILtsus•roureow 1500,000 ones Builders Sisk any 1 Lee 1O1:1,000 Any 1 Occ 1,000,000 /sorNwO►OrsATIOMISLOCA1pM/MMML Eitel MIMeAeonISDIMminit iCvano raps =ha insurance evidenced by this certificate shall rules the certificate holders as as additional iaaured ea the General Liability a Umbrella Liability. Workers, Compensation, Baployera' Liability a General Liability shall contain a Waiver of Subrogation in favor of the certificate bolder. She certificate holder is added as a lewd inEuxd*rum=Ride. CERWICATE HOLDER CANCELLATION DCOSio1 Mslas$n Or MIAMI OOeml0POLEM II UMILL oWOWMIMOmMTMM IIIA MM10r.UMIIMM OS MM MIL IIIMMONTOtam 10 ems CsTT5l NspT•MAMl,s*JINDLCsNa 1OMl. T.1Ur PMIMMTOsoM WU City of Ocoee ares NOOSUTATOa ONINMIRYOPAMYNMVOMMM unartsA/MOaoR 130 N. Letesbore Drive IlmNalorala Ocoee PT. 14701-123$ MUMM A IMMMINTATNE ACORO2a4200vM AMU,AO CORPORATION 1911! SipL E" 18 B 18-04 Ocoee Lakefront Park Phase IA 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor/temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Have you any similar work in progress at this time?Yes No 19 B 18-04 Ocoee Lakefront Park Phase 1A Length of time in business Bank or other financial references: (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated No. Dated No. Dated (remainder of page left blank intentionally) 20 B 18-04 Ocoee Lakefront Park Phase 1A Exhibit A Scope of Work: In accordance with the attached plans and specifications designed by S & ME, the Lakefront Park Improvements—Phase la Project is intended to: • Construct additional Lakeshore Center event parking areas west of the Ocoee Lakeshore Center and City Hall, and includes expansion of the existing city employee parking near the City Hall Annex building. • Relocate of the POWR Park,and internal driveways. • Construct the Withers-Maguire House garden and outdoor wedding/event facility. Completion Schedule: 1) The Work shall be substantially complete by October 15,2018. 2) The Work shall be finally complete by October 30,2018. 3) Liquidated damages in the amount of$1,000 per day shall apply to any failure to meet the final completion date. Related elements of the work include electrical system construction to support pedestrian and parking area lighting and irrigation system installation. Construction of the various elements of the project will need to be scheduled so as to continuously provide access to and parking for City Hall staff and the public. The project must be completed prior to Founders' Day on the first Friday in November 2018. END OF SECTION 21 B 18-04 Ocoee Lakefront Park Phase 1 A ocoee florida CITY OF OCOEE 150 North Lakeshore Drive Ocoee,Florida 34761 B18-04 OCOEE LAKEFRONT PARK PHASE 1A CHANGE ORDER FORM DATE: PURCHASE ORDER: The following changes are hereby made to the CONTRACT DOCUMENTS. Original CONTRACT PRICE $0.00 Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDERS $0.00 Net Increase (Decrease)Resulting from this CHANGE ORDER I$0.001 The current CONTRACT PRICE including this CHANGE ORDER [$0 .001 Original CONTRACT COMPLETION DATE: [original contract date] Current CONTRACT COMPLETION DATE adjusted by previous CHANGE ORDERS [current contract date] Net Increase Resulting from this CHANGE ORDER [number] days Current CONTRACT COMPLETION DATE including this CHANGE ORDER [new contract date] 22 B18-04 Ocoee Lakefront Park Phase 1A CHANGES ORDERED: I. REQUIRED CHANGES II. JUSTIFICATION III. NARRATIVE OF NEGOTIATIONS IV. PAYMENT V. APPROVAL AND CHANGE AUTHORIZATION This proposed change to the Contract requires approval by the Ocoee City Commission or the City Manager, dependent upon project approval authority, in order to supplement the project budget to fund the changes. It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original contract other than matters expressly provided herein. CONTRACTOR acknowledges, by its execution and acceptance of this Change Order,that the adjustments in Contract Price and Time shown hereon constitute full and complete compensation and satisfaction for all costs and modifications of performance time incurred by the CONTRACTOR as a result of this Change Order. No other claim for increased costs of performance or modifications of time will be granted by the OWNER for the Work covered by this Change Order. The CONTRACTOR hereby waives and releases any further claims for cost or time against the OWNER arising from or relating to the matters or Work set forth or contemplated by this Change Order. RECOMMENDED BY: ACCEPTED BY: 23 B 18-04 Ocoee Lakefront Park Phase 1 A CITY OF OCOEE, FLORIDA [contractor name[ By: By: Signature Signature Date: Date: Title: Title: APPROVED BY: CITY OF OCOEE, FLORIDA By: Date: Steve Krug, Support Services Director By: Date: Rebecca Roberts, Director of Finance By: Date: Robert D. Frank, City Manager By: Date: Rusty Johnson, Mayor Attest: City Clerk FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE CITY OF OCOEE CITY OF OCOEE,APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON AND LEGALITY THIS DAY OF ,20 UNDER ,20_ AGENDA ITEM NO. By: City Attorney 24 B18-04 Ocoee Lakefront Park Phase 1A APPLICATION AND CERTIFICATE FOR PAYMENT FORM Application No. Progress Payment Final Payment Contractor: Contract Date: Application Date: For Period Ending City Project No.: Account No.: P.O. No.: Project Name: B18-04 Ocoee Lakefront Park Phase 1A Construction Start Date: End Date: Construction Days -Elapsed: Remaining: 1. Original Contract Amount $ 2. Sum of Approved Change Orders to Date(from Table) $ 3. Current Contract Amount(Sum of Lines 1 and 2) $ 4. Total of Prior Pay Applications (including retainage) $ 5. Amount of this Pay Application(including retainage; from Bid Item Quantity Spreadsheet) $ 6. Total Earned to Date (Sum of Lines 4 and 5) $ 7. Retainage Held from Prior Pay Applications $ 8. Retainage to Be Held in this Pay Application $ 9. Total Retainage Held to Date (Sum of Lines 7 and 8) $ 10. Total Earned to Date Less Retainage (Line 6 minus Line 9) $ 11. Total Earned less Retainage for this Pay Application (Line 5 minus Line 7) $ Approved Change Orders Change Date Approved Date Accepted Total Change in Order No. by City by Contractor Contract Price Total (Write in Line 2, above) 25 B 18-04 Ocoee Lakefront Park Phase 1A Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated , 20 (Contractor) By: (Name) (Title) COUNTY OF STATE OF Before me on this day of , 20 , personally appeared , known to me, who being duly sworn, deposes and says that (s)he is the of the Contractor above mentioned; that(s) he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Notary Public My Commission Expires Payment shown on Line 11 is recommended by City's Resident Project Representative: By: Date: (Authorized Signature) Owner's Approval By: (Authorized Signature) Date: (Title) 26 B18-04 Ocoee Lakefront Park Phase lA Exhibit B Bid Form Available as an Excel file on Demandstar B 18-04 Lakefront Park Phase 1A 27 • EXHIBIT B BID FORM(page 1 of 2) PROJECT NAME: Bid#818.04 Ocoee Lakefront Park-PHASE 1a S&ME PROJECT NO.: 527118047 DATE: BIDDER: . SIGNATURE: FL Contractors License Item No. I Item I Quantity I Unit I Price I Subtotal I Description A. Architecture 1. Wedding Pavilion 1 LS $0.00 2. Footers at columns 8 EA $0.00 reinforced concrete footers Subtotal $0.00 B. Fencing and Columns 1. Perimeter Fence-4'ht. 650 LF $0.00 white aluminum picket fence 2. Brick Columns concrete block w/brick veneer and precast 26 EA $0.00 ceP 3. Privacy Lattice Fence-6'ht. 80 LF $0.00 wood lattice fence Subtotal $0.00 C. Lighting and Electrical Service 1. Transformer pad 1 EA $0.00 2. Meter can 1 EA $0.00 208Y/120V,3PH,4W,225A,42CKT,NEMA3R 3. distribution panel 1 EA $0.00 208Y/120V,3PH,4W,100A,18CKT,NEMA3R 4. distribution panel 1 EA $0.00 5. Digital lighting controller 2 EA $0.00 6. Lighting contactor 3 EA $0.00 7. Photosensor 2 EA $0.00 8. Surge protection device 2 EA $0.00 9. Ground test well 5 EA $0.00 10. Grounding 1 LS $0.00 11. Outdoor receptacle ground box 23 EA $0.00 12. Post mounted GFCI receptacle 4 EA $0.00 13. GFCI receptacle in weatherproof box 8 EA $0.00 14. Dimmer in weatherproof box 5 EA $0.00 15. Parking lot light with direct buried pole 10 EA $0.00 16. Pedestrian light with direct buried pole 6 EA $0.00 17. Flood light 10 EA $0.00 18. In-grade uplight 16 EA $0.00 19. Ceiling accent light 4 EA $0.00 20. Pendant light 2 EA $0.00 21. W PVC conduit 4,500 LF $0.00 22. 1 W PVC conduit 150 LF $0.00 23. T PVC conduit 20 LF $0.00 24. W RGS conduit 100 LF $0.00 25. #4/OAWG conductor 100 LF $0.00 26. #4AWG conductor 600 LF $0.00 27. #6AWG conductor 950 LF $0.00 28. #8AWG conductor 3,950 LF $0.00 29. #10AWG conductor 6,900 LF $0.00 30. #12AWG conductor 1,350 LF $0.00 Subtotal $0.00 D. Site Furnishings 1. Bench-6'length 6 EA $0.00 new bench;with conc bench pad 2. Bench-8'length 3 EA reinstall existing/salvaged bench;include $0.00_conc.bench pad 3. Trash Receptacle 8 EA $0.00 with conc.Pad 4 36"ht;with irrigation,drainage gravel and Planter pots 4 EA $0.00 planting soil '22"ht;with irrigation,drainage gravel and 5. Planter pots 6 EA $0.00 planting soil I Subtotal $0.00 E. Specialty Hardscape 1. Brick Pavers 2,700 SF $0.00 2. Concrete Pavers 2,250 SF existing concrete pavers to be salvaged and $0.00 reused to the greatest extent possible Concrete base 222 SY reinforced concrete base at pavilion and 3, $0.00 steps 4. Landscape boulders 3 EA $0.00 Subtotal I I I I $0.001 EXHIBIT B BID FORM(page 2 of 2) PROJECT NAME: Bid#B18-04 Ocoee Lakefront Park-PHASE la S&ME PROJECT NO.: 527118047 DATE: BIDDER: SIGNATURE: FL Contractor's License F. Landscape and Irrigation 1. Canopy Trees 40 EA $0.00 2. Palm Trees 42 EA $0.00 3. Understory Trees 62 EA $0.00, 4. Shrubs-15 gal. 11 EA $0.00 5. Shrubs-7 gal. 288 EA $0.00 6. Shrubs-3 gal. 3,774 EA $0.00 7. Shrubs and Groundcover-1 gal. 4,849 EA $0.00 8. Zoysia Sad 9,191 SF $0.00 9. St.Augustine Sod 2,206 SF $0.00 10. Irrigation-shrubs/groundcover and sod 42,400 SF $0.00 Tree Irrigation 104 EA none on sabal palms or trees 30 gal.or 11. $0.00 smaller Subtotal $0.00 G. Site Civil,Utilities 1. Mobilization/General Condiitons 1 LS $0.00 2. Maintenance of Traffic 1 LS $0.00 3. Survey and Layout 1 LS $0.00 4. NPDES Monitoring 1 LS $0.00 5. Geo-testing 1 LS $0.00 6. Silt Fence 1,710 LF $0.00 7. Inlet Protection 5 EA $0.00 8. Milling Existing Asphalt Pvt,1-1/2"Avg 2,573 SF $0.00 9. Demolition Existing 4"Sidewalk 251 SY $0.00 10. Demolition Existing Concrete Pavers 576 SY $0.00 11. Demolition Curbing 65 LF $0.00 12. Remove Brick Pavers 1,784 SF $0.00 13. Clearing and Grubbing 1 LS $0.00 14. Mass Grading 2,500 CY $0.00 15. Fine Grading 1,000 CY $0.00 16. 18"RCP Storm Pipe 68 LF $0.00 17. 30"RCP Storm Pipe 363 LF $0.00 18. 36"RCP Storm Pipe 216 LF $0.00 19. Concrete Flumes 2 EA $0.00 20. Testing(Storm) 647 LF $0.00 21. Catch Basin FDOT Index 232 Type C 5 EA $0.00 22. Manhole(Drainage) 2 EA $0.00 23. Core into Existing Drainage Structure 1 LS $0.00 24. Curbing(FDOT Type F) 1,296 LF $0.00 25. Type B Stabilization 1,572 SY $0.00 26. Optional Base,Base Group 09 1,572 SY $0.00 27. SP-9.5 Asphaltic Concrete 272 TN $0.00 28. SP-12.5 Asphaltic Concrete 16 TN $0.00 29. Striping 3,200 LF $0.00 30. Signage(STOP sign and ADA sign) 9 EA $0.00 31. Handicap Ramps 7 EA $0.00 32. Detectable Warning 108 SF $0.00 33. 4"Concrete sidewalks 827 SY $0.00 34. 6"Concrete sidewalks 56 SY $0.00 35. Wheelstops 29 EA $0.00 36. Utility Communications Vault 1 EA $0.00 37. 4"Communications Conduit 50 LF $0.00 38. Relocate Water RPZ Assemblies and Meters 1 LS $0.00 39. As-built Survey 1 LS $0.00 Subtotal $0.00 H. Other Items 1' Relocation&Demo of Veterans Memorial and 1 LS $0.00 transport,hardscape demo&sodding Fla2. Memorial Feature installation 1 LS $0.00 existing markers Subtotal $0.00 GRAND TOTAL $0.00 Number Write Out EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed,this day of , 20_. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the B18-04 Ocoee Lakefront Park Phase 1A (Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. B18-04 Lakefront Park Phase 1A 29 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the - Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety(90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision B 18-04 Lakefront Park Phase IA 30 of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer, or proposal as applicable. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. Strike out (X) non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP,complete this signature block. (1) (Individual's Signature) (Witness) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) B 18-04 Lakefront Park Phase I A 31 If Bidder is PARTNERSHIP,complete this signature block. (1) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) B18-04 Lakefront Park Phase lA 32 If Bidder is CORPORATION,complete this signature block. (1) (Corporation Name) (Witness) (2) (State of Incorporation) (Witness) By: (Name of Person Authorized to Sign-See Note 1) (SEAL) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) B18-04 Lakefront Park Phase 1A 33 SURETY Witness: (If agency is not a Corporation) (Surety Business Name) (1) (Witness) (Principal Place of Business) (2) (Witness) By: (Surety Agent's Signature- See Note 2) Attest: (If Agency is a Corporation) (Surety Agent's Name) (Corporate Secretary Signature) (Surety Agent's Title) (Corporate Secretary Name) (Business Name of Local Agent for Surety) (Corporate Seal) (Business Address) (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized"Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. B 18-04 Lakefront Park Phase 1A 34 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF ) COUNTY OR CITY OF ) Before me, a Notary Public, personally came known to me, and known to be the Attorney-in-Fact of , a Corporation, which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of . (Surety Company) Given under my hand and seal this day of , 20_. (Notary Public) My Commission Expires . END OF SECTION B 18-04 Lakefront Park Phase 1A 35 EXHIBIT C PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that , (hereinafter referred to as "Principal"), and a corporation organized under the laws of the State of and licensed to do business in the State of , (hereinafter referred to as "Surety"), and held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee"), in the Penal Sum of , for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract, (hereinafter referred to as the "Contract") with Obligee for the construction of B18-04 Ocoee Lakefront Park Phase 1A (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by the S & ME; and NOW, THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. B18-04 Lakefront Park Phase 1A 36 In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION B 18-04 Lakefront Park Phase 1 A 37 EXHIBIT C Statutory Payment Bond Pursuant to Florida Statutes,255.05, et seq. KNOW ALL MEN BY THESE PRESENTS,THAT (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of , hereinafter called the "Surety"), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and_Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a written Contract with the Obligee dated , 20_ to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. B 18-04 Lakefront Park Phase l A 38 (Seal) (Principal) By (Name &Title) (Signature) Witness or Secretary's Attestation (Seal) (Surety) By (Name&Title*) (Signature) Witness or Secretary's Attestation *Attach Power-Of-Attorney B18-04 Lakefront Park Phase 1 A 39 (Page 1 of 2) SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Ocoee, Florida by by (Print individual's Name &Title) whose business address is 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. B 18-04 Lakefront Park Phase 1 A 40 enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies). Neither the entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of this entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The final order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Please attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. B18-04 Lakefront Park Phase 1A 41 (Signature) Date: Name of Bidder(Contractor) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, who, after first being sworn by me, (Name of Individual Signing) affixed his/her signature in the place provided above on this day of , 20 Notary Public My Commission Expires: END OF SECTION B18-04 Lakefront Park Phase lA 42 DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program (Florida Statutes Section 287.037). In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. B 18-04 Lakefront Park Phase 1 A 43 CERTIFICATION OF NONSEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date , 20 . By: (Title) Official Address (including Zip Code): ATTACH AND INCLUDE AS PART OF PROPOSAL FORM; FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF YOUR BID. END OF SECTION B 18-04 Lakefront Park Phase 1 A 44 4010,- ocoee florida BID CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112,Florida Statutes. All Bidders must disclose within their Bid:the name of any City of Ocoee employee, Mayor or City Commissioner,other City Official,or City Consultants,who owns assets or capital stock,directly or indirectly, in the Bidder's firm or any of its branches,or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services,Bidder agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff,and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112,Florida Statutes,the term"conflict of interest""means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest",and refers to situations in which financial or other personal considerations may adversely affect,or have the appearance of adversely affecting,an employee's professional judgment in exercising any City duty or responsibility in administration,management,instruction,research,or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Bid. The undersigned firm,by attachment to this form, submits information which may be a potential conflict of interest for this Bid. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date B 18-04 Lakefront Park Phase 1A 45 Certification Regarding Scrutinized Companies' Lists The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Name of Respondent: By: (Authorized Signature) Title: Date: BID#B18-04 COMPANY INFORMATION/SIGNATURE SHEET B 18-04 Lakefront Park Phase 1A 46 FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM"ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. COMPANY NAME TELEPHONE(INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL ID# Individual Corporation Partnership Other(Specify) Sworn to and subscribed before me this day of ,20 . Personally Known or Produced Identification Notary Public-State of (Type of Identification) County of Signature of Notary Public Printed,typed or stamped Commissioned name of Notary Public B 18-04 Lakefront Park Phase 1A 47 DRAFT CONTRACT FOR CONSTRUCTION THIS AGREEMENT is dated as of the day of in the year 2018 by and between the City of Ocoee, a Florida municipal corporation, hereinafter called Owner, and , a , hereinafter called Contractor. Owner and Contractor, in consideration or the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Bid #B18-04 Ocoee Lakefront Park Phase 1A Scope of Work In accordance with the related plans and specifications,the Lakefront Park Improvements— Phase la Project is intended to: • Construct additional Lakeshore Center event parking areas west of the Ocoee Lakeshore Center and City Hall, and includes expansion of the existing city employee parking near the City Hall Annex building. • Relocate of the POWR Park, and internal driveways. • Construct the Withers-Maguire House garden and outdoor wedding/event facility. Related elements of the work include electrical system construction to support pedestrian and parking area lighting and irrigation system installation. Construction of the various elements of the project will need to be scheduled so as to continuously provide access to and parking for City Hall staff and the public. The project must be completed prior to Founders' Day on the first Friday in November 2018. ARTICLE 2. Architect and Engineer The Project has been designed by S&ME; however, the City's Support Services Director or his designee is to act as Owner's representative, assume all duties and responsibilities of the project engineer, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the work. B18-04 Lakefront Park Phase 1 A 48 ARTICLE 3. CONTRACT TIME 3.1 The work shall be substantially complete (all work complete except for the placement of permanent pavement markings on all final asphaltic concrete surfaces) by October 15, 2018. The entire work shall be complete and ready for its intended use, including final dressing and cleanup, by October 30, 2018. The project must be completed prior to Founders' Day on the first Friday in November 2018. 3.2 Placing of permanent pavement markings on all final asphaltic concrete surfaces, if applicable, shall not be accomplished before thirty (30) calendar days have elapsed after placement of the final surfaces. The charging of Contract Time will be suspended during the thirty (30) calendar-day period provided the work is considered to be Substantially Complete, as provided in paragraph 3.1 above. The charging of Contract Time will resume on the 31st day. 3.3 Contractor recognizes that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in above, plus any extensions thereof allowed. Contractor acknowledges that proving the actual loss and damages suffered by Owner if the work is not completed on time is impracticable and not susceptible to exact calculation. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner One Thousand Dollars ($1,000.00) for each day that expires beyond the final completion date specified in paragraph 3.1 final completion (readiness for final payment). 3.4 In addition to the liquidated damages, there shall be additional incidental damages paid by the Contractor to the Owner for failure to timely complete the work. These may include, but not be limited to, delay damage settlements or awards owed by Owner to others, inspection and engineering services, interest and bond expense, delay penalties, fines or penalties imposed by regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred by Owner in connection with Contractor's failure to timely complete the work. 3.5 In addition to liquidated damages and incidental damages arising from Contractor's failure to perform the work, Contractor may be required to repay Owner for the cost of corrective actions undertaken by Owner to resolve construction defects. Such corrective actions include, but are not limited to, restoration of damaged areas, clearing of reclaimed water customer facilities to remove construction debris, repair and replacement of damaged reclaimed water customer equipment, and emergency repairs to the reclaimed water distribution system during the one-year warranty period. ARTICLE 4. CONTRACT PRICE 4.1 Owner shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Form, B 18-04 Lakefront Park Phase 1 A 49 Dollars and Cents, which is incorporated herein and made a part hereof by this reference. 4.2 The Contractor agrees that the Contract Price is a stipulated sum except with regard to those items in the bid which are subject to unit prices and agrees to perform all of the work as described in the Contract Documents, subject to additions and deductions by Change Order, and comply with the terms therein for the Bid stated in the attached Bid Form. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit applications for payment. Applications for payment will be processed by Engineer. 5.1 Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's properly submitted and approved Applications for Payment, as recommended by Engineer, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. All such progress payments will be on the basis of the progress of the work measured by the Schedule of Values and in the case of Unit Price, work based on the number of units completed and included in Contractor's qualifications submittals. 5.1.1 Progress payments will be made in an amount equal to the percentage indicated in Paragraph 5.1.2, below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold. 5.1.2 Progress payments shall be equal to ninety percent (90%) of the value of work completed, and ninety percent (90%) of the value of materials and equipment not incorporated into the work but delivered and suitably stored and accompanied by documentation satisfactory to Owner with the balance of the value of the work being retainage. However, when the work has reached the point of being fifty percent (50%) complete, the retainage may not exceed five percent (5%) of the value of the work completed. 5.2 Final Payment - Upon final completion and acceptance of the work Owner shall pay Contractor an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2%) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals, are delivered to and accepted by the Engineer. ARTICLE 6. INTEREST All monies not paid when due shall bear interest at the rate of 3% simple interest per annum. B18-04 Lakefront Park Phase 1A 50 ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishings of the work. 7.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the work. 7.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) . 7.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect costs, progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.6 Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the work as indicated in the Contract Documents. 7.7 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.8 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents B18-04 Lakefront Park Phase lA 51 are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 7.9 Contractor shall perform work with a value of not less than fifty percent (50%) of the Contract Price with his own forces. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between Owner and Contractor concerning the work, are attached to this Agreement, made a part hereof, and consist of the following: 8.1 This Scope of work Agreement. 8.2 Exhibits to this Scope of work Agreement(if any). 8.3 Performance Bond, Payment Bond and Certificates of Insurance. 8.4 Notice of Award and Notice to Proceed. 8.5 Bid Documents bearing the general title "B18-04 Ocoee Lakefront Park Phase 1A", dated June, 2018. 8.6 23 Drawings files consisting of a cover sheet and the sheets bearing the following general title: City of Ocoee, FL Ocoee Lakefront Park Phase 1A 8.7 Addenda numbers_to inclusive. 8.8 Contractor's Bid. 8.9 Documentation submitted by Contractor prior to Notice of Award. There are no Contract Documents other than those listed above in this Article 8. ARTICLE 9. MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the B 18-04 Lakefront Park Phase 1A 52 party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. 9.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.3 Chapter 558, Florida Statutes: The parties agree that the provisions of Chapter 558, Florida Statutes are not applicable to this Agreement. 9.4 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contractor and Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. The parties further agree that the sole and exclusive venue for any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. 9.5 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.6 SCRUTINIZED COMPANIES: The Respondent certifies that the company is not participating in a boycott of Israel. The Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida Statutes. In the event that the Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, the Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. The Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if the Respondent is found to have submitted a false B18-04 Lakefront Park Phase 1A 53 certification, or to have been placed on the Scrutinized Companies that Boycott Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. 9.7 To the degree records are not exempt or confidential under Florida's Public Records law, Contractor agrees to comply with Chapter 119, Florida Statutes, and particularly Section 119.0701, Florida Statutes, relating to a contractor's obligation with regard to public records. 9.8 PUBLIC RECORDS COMPLIANCE The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes.The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2.Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE B 18-04 Lakefront Park Phase 1A 54 CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. (Remainder of Page Left Blank Intentionally.) B18-04 Lakefront Park Phase IA 55 IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on his behalf. CONTRACTOR: BY: PRINT NAME: TITLE: WITNESSES: NAME: NAME: TITLE: TITLE: OWNER: CITY OF OCOEE,FLORIDA ATTEST: APPROVED: BY: BY: Melanie Sibbitt,City Clerk Rusty Johnson,Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on ,under Agenda Item this day of ,2018 SHUFFIELD,LOWMAN&WILSON, P.A. BY: Scott A.Cookson,City Attorney END OF SECTION B 18-04 Ocoee Lakefront Park Phase I A 56 Exhibit D S & ME plans & specifications Specifications(1 file) Plans (23 files) B 18-04 Lakefront Park Phase l A 57