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Item 08 Approval to Award ITB #19-005 Asphalt Paving Projects for Fiscal Year 2019 ocoee florid a AGENDA ITEM COVER SHEET Meeting Date: May 7, 2019 Item # 8 Reviewed By: Contact Name: Joyce Tolbert/ Department Director: Shannon Hopper i • Contact Number: 1516 City Manager: /,' Subject: Award of ITB #19-005 Asphalt Paving Projects for FY 2019 Background Summary: The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2019, for the milling and resurfacing of a south portion of Bluford Avenue, Kissimmee Avenue, Ocoee Crown Point Parkway, Delaware Street/Cumberland Avenue, and Hammocks Subdivision. The bid was publicly advertised on March 3, 2019, and opened on April 9, 2019. There were a total of six (6) bids received ranging from $448,641.60 to $667,647.35. All bids are available in the Finance Department for review. The Public Works and Finance Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to Middlesex Paving, LLC as the most responsive and responsible bidder, per the attached recommendation from Richard Campanale, City Engineer, Public Works. The table below is a listing of the bids received. Bidder Total Bid 1. Middlesex Paving,LLC $ 448,641.60 2. Ran er Construction Industries $ 483,041.70 3. Preferred Materials, Inc. $ 494,000.00 4. Hubbard Construction Company $ 499,032.01 5. Central FL Environmental Corp $ 663,697.35 6. All Terrain Tractor Service $ 667,647.35 Issue: Should the City Commission award the bid for Asphalt Paving Projects for FY 2019 to Middlesex Paving, LLC, as recommended by the City Engineer? Recommendations: Staff recommends the City Commission award Bid ITB#19-005 Asphalt Paving Projects for FY 2019 to Middlesex Paving, LLC in the amount of$448,641.60 and authorize the Mayor, City Clerk, and Staff to execute the required contract documents once the required bonds and insurance are received. Staff also recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. Attachments: 1. Bid Tabulation 2. Award Recommendation from Public Works Dept. 3. Middlesex Paving, LLC's Bid 4. Invitation to Bid ITB#19005 including Figure Sheets 1, 2, 3a, 3b, 4, and 5. 5. Addendum#1 6. Addendum#2 7. Addendum#3 8. Addendum#4 Financial Impact: There is $522,470.00 available in the Public Works Streets department paving improvements budget for this project. Type of Item: (please mark with an '50 Public Hearing For Clerk's Dept Use: Ordinance First Reading 'x 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. ` Q� �� N/A Reviewed by ( ) N/A 2 ocoee florida Mayor MEMORANDUM Rusty Johnson Commissioners Date: April 16, 2019 Larry Brinson,SR. District 1 OCOee Public Works Team To: Joyce Tolbert, Purchasing Agent J Rosemary Wilsen District 2 I From: Richard Campanale, P.E.4 Richard Firstner � District 3 City Engineer Public Wor Improving a great community George Oliver Ill District 4 RE: Contract Award Recomm- dation ITB #19-005 City Manager Robert D.Frank Public Works recommends award of the Asphalt Paving Projects for FY 2019 to the lowest responsive bidder, Middlesex Paving, LLC, in the amount of $448,641 .60. The City received six responsive bids from contractors with the low bid below the Engineer's estimate. The Contractor has positive history with the City and Central Florida on resurfacing projects in previous years. The project is adequately funded in the Streets Division Capital Improvement Program. The Asphalt Paving Projects for FY 2019 includes milling and resurfacing the following streets; Bluford Avenue, Kissimmee Avenue, Ocoee Crown Point Parkway, Delaware Street, Cumberland Avenue and Hammocks Subdivision. 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O O O '� M L() O N Gj (D O O (O in in NO � Tt M M N- CO e- (NJ ' N- 0 te 603 6.3 0 II co 0 71 W .L O 0 0 a O W .. O O O „I U G in O co = CT a ,7 e- CO N CA NChi d�? 69 6a 0 W.0 cdO g w z c 44. o N V U N mai Ua 0 o � � -C x c� ffi . Ewo 7z A - w ._ 5a - . A t a ►� . Epq a H .- aaQ z00a �,l '' 0 Q ocQ a E a•.cN > - E . LA C4 p; F- va COO Q J CO tg 4.4 4 Q z. cc 0, a z as oN �a, 7 a .' ice., N N [r. tn ' hhII Uy 0cNN A •O A d El a H 0 W c 00 X i. U a. y £ o 0 0 0 ..a o v� .o .c F A Z = 0 o, as m 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: Superior Roadway Services,LLC. Tru-Mark,Inc. Skilled Resources 345 Enterprise Street 31719 Long Acres Drive 2345 W.Sand Lake Road#150 A&B Ocoee,FL 34761 Sorrento,FL 32776 Orlando,FL 32809 Federal I.D.:45-4729817 Federal I.D.:20-1385712 Federal I.D.:65-0824425 Brian Oxtal Contact:Norman Gaines Contact:Kizzy Parks (407)654-6405 (352)735-8394 (407)930-5858 Asphalt Milling Pavement Markings Temporary Workers (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. Attached is a complete list of Middlesex Paving, LLC.owned equipment to support milling and asphalt paving work. 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 Please see attached. 18 ITB#19-005 Asphalt Paving Projects FY 2019 Have you any similar work in progress at this time? Yes X No Length of time in business 6 yrs under MPLLC Bank or other financial references:Bank of America,One Federal Street,Boston,MA 02110 Contact:Thomas Brennan,Senior Vice President 617-434-4512 (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. MPLLC v.Capital Gains Group(2016-CC-3319-0)MPLLC filed a breach of contract claim for non-payment of monies owed for services rendered. MPLLC obtained an unsecured judgment of$14,331.10 MPLLC v.Coco Expo Sports,et al.(05-2015-CA-043479)MPLLC files a lien claim for non-payment of$187,444.11 in monies owed for services rendered.The case settled and is subject to a confidentiality provision. MPLLC v.Liberty Mutual(2017-CA-3499)MPLLC files a bond claim against the surety for Pospiech Contracting for non-payment of$121,715.18 in monies owed for services rendered.The case is currently ongoing. 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. 1 Dated March 26, 2019 No.2 Dated March 27, 2019 No.3 Dated April 1,2019 No.4 Dated April 2, 2019 No. Dated (Remainder of page intentionally left blank) 19 ITB#19-005 Asphalt Paving Projects FY 2019 IJJJ4LJJJ.X PAVING LLC EM Equipment List - Summary 504015 1999 MACK RD688S TRI-AXLE DUMP 1 M2P267C0XM045286 504027 2005 MACK CV713 TRIAXLE DUMP 1 M2AG11 C55M035840 504028 2005 MACK CV713 TRIAXLE DUMP 1M2AG11C75M035841 504030 2005 MACK CV713 TRIAXLE DUMP 1M2AG11C05M035843 504032 2007 MACK CV713 TRIAXLE DUMP 1 M2AG11 C77M063352 504033 2007 MACK CV713 TRIAXLE DUMP 1M2AG11C97M063353 504034 2007 MACK CV713 TRIAXLE DUMP 1M2AG11C07M063354 504035 2007 MACK CV713 TRIAXLE DUMP 1 M2AG11 C27M063355 504036 2007 MACK CV713 TRIAXLE DUMP 1 M2AG11C47M063356 504037 2007 MACK CTP713B TRIAXLE DUMP 1 M2AT13C17M002183 504038 2007 MACK CTP713B TRIAXLE DUMP 1M2AT13C37M002184 504039 2007 MACK CTP713B TRIAXLE DUMP 1 M2AG13C77M002236 504040 2007 MACK CTP713B TRIAXLE DUMP 1 M2AT13C48M003652 504041 2007 MACK CTP713B TRIAXLE DUMP 1 M2AT13C48M003653 504042 2013 MACK GU813 TRIAXLE DUMP 1 M2AX13C3DM020880 504043 2013 MACK GU813 TRIAXLE DUMP 1 M2AX13C5DM020881 504044 2013 MACK GU813 TRIAXLE DUMP 1M2AX13C7DM020882 — 504045 2013 MACK GU813 TRIAXLE DUMP 1 M2AX13C9DM020883 504046 2013 MACK GU813 TRIAXLE DUMP 1 M2AX13C0DM020884 504047 2016 MACK GU813 TRI-AXLE 1 M2AX13C3GM060073 504048 2016 MACK GU813 TRI-AXLE 1 M2AX13C5GM060074 504049 2016 MACK GU813 TRI-AXLE 1M2AX13C7GM060075 504050 2016 MACK GU813 TRI-AXLE 1M2AX13C9GM060076 504051 2016 MACK GU813 TRI-AXLE 1 M2AX13C0GM060077 504052 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1 M2AX13C1 HM037277 504053 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1 M2AX13C3HM037278 504054 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1M2AX13C5HM037279 504055 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1 M2AX13C1 HM037280 504056 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1M2AX13C3HM037281 504057 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1 M2AX13CXJM039776 504058 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1M2AX13C1JM039777 504059 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1M2AX13C3JM039778 504060 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1M2AX13C5JM039779 504061 2017 MACK GU813 TRI-AXLE DUMP TRUCK 1M2AX13C1JM039780 504062 2019 Mack GR64B Dump Truck 1 M2GR2GC8KM004126 504063 2019 Mack GR64B Dump Truck 1 M2GR2GC1 KM004128 504064 2019 Mack GR648 Dump Truck 1 M2GR2GC3KM004129 504065 2019 Mack GR64B Dump Truck 1 M2GR2GC1 KM004131 504066 2019 Mack GR64B dump truck 1 M2GR2GC3KM004132 504067 2019 Mack GR64B dump truck 1M2GR2GC9KM004135 504068 2019 Mack GR64B dump truck 1 M2GR2GCXKM004127 504069 2019 Mack GR64B dump truck 1 M2GR2GCXKM004130 504070 2019 Mack GR64B live bottom truck 1 M2GR2GC5KM004133 504071 2019 Mack GR64B live bottom truck 1 M2GR2GCOKM004136 504072 2019 Mack GR64B live bottom truck 1 M2GR2GC2KM004137 504073 2019 Mack GR64B live bottom truck 1 M2GR2GC7KM004134 Page 1 IIJJJLJJLN PAVING LLC 503533 2015 LEEBOY ROSCO MAXIMIZER 1 FVACXDT7GHHC8082 503534 2017 LEEBOY MAXIMIZER III DISTRIBUTOR TRUCK 1 FVACXDT1 HHHZ9865 503535 2017 Freightliner Tack Distributor Truck 3ALACXDTOHDJF0251 503536 2018 TACK TRUCK 1 FVACXFC5JHJP4269 T528 2005 TRAILBOSS 50 TON TRAILER 4SODK533851001880 T529 2005 EAGER BEAVER 50GS TRAILER 112SE25165L068495 T532 2009 INTERSTATE 12BSTTRAILER 1JKBST1209M010542 T537 2016 TOWMASTER T-12DT TRAILER 4KNTT1424GL162011 T538 2016 TOWMASTER T-12DT TRAILER 4KNTT1426GL162012 T547 2017 EAGER BEAVER LOW BED TRAILER 112SE2486HL081587 T548 2017 EAGER BEAVER LOW BED TRAILER 112SE2488HL081588 505108 2006 MACK CV713 LOWBED TRACTOR 1M2AG10Y06M042550 505109 2006 MACK CV713 LOWBED TRACTOR 1 M2AG10Y26M042551 505110 2015 MACK TRACTOR CHN613 1 MlAN07Y3FM018110 505111 2017 MACK CHU613 TRACTOR 1M1AN07Y7HM026634 505112 2018 Mack CHU613 Low Bed Tractor 1M1AN07YXJM026875 505113 2019 Mack Pinnacle 64T Tractor 1 M1 PN4GY8KM002089 AGR206 2016 ROADTEC RX700E MILL RX700E-4X2078 AGR205 2013 ROADTEC RX600e COLD PLANER RX-600E-4X2027 AGR207 2018 Roadtec RX700 Milling Machine RX-700e-4-4002 ATA521 WORKSITE PRO CP18C PLANER AKA MILLHEAD) IITOCP18CEB0000024 ATA522 WORK SITE PRO CP18 PLANER(AKA MILLHEAD) ITOCP18CT0000030 P533 2008 CAT AP655D PAVER GNZ00288 P538 2016 8"ROADTEC RP-175E RUBBER TIRE PAVER RP175E-4020 P534 2011 ROADTEC RP190 RUBBER TIRE PAVER RP190X400 P535 2015 ROADTEC RP-190 10'RUBBER TIRE PAVER RP190EX4024 P536 2016 ROADTECT RP190 10'RUBBER TIRE PAVER RP190EX4047 P537 2016 ROADTECT RP190 10'RUBBER TIRE PAVER RP190E-4080 P539 2018 ROADTEC RP195 TRACK PAVER RP195x4085 MTV501 2008 ROADTEC SHUTTLE BUGGY SB2500D SB2500DX990 MTV502 2017 ROADTEC SB1500 SHUTTLE BUGGY SB1500EX4031 RS546 2014 WEILER C307 SPLIT DRUM ROLLER C1050 RS547 2016 WEILER C307 SPLIT DRUM COMPACTOR W1064A RT539 2013 BLAW-KNOX PTC15 RUBBER TIRE ROLLER 100725 RT540 2013 BLAW KNOX PTC15 RUBBER TIRE COMPACTOR 100726 RT541 2016 BLAW KNOX PTC15 142616 RT537 2007 BOMAG BW24RH COMPACTOR 101538001050 RT538 2007 ROSCO 915 COMPACTOR 47900 SW534 2012 LEEBOY CHALLENGER V PUSH BROOM 4870-76970 SW535 2012 LEEBOY CHALLENGER V PUSH BROOM 4870-76971 SW538 2015 ROSCO CHALLENGER VI BROOM 123495 SW541 2015 CHALLENGER VI BROOM 129582 SW542 2015 CHALLENGER VI BROOM 129583 SW544 2016 Blaw Knox FB90 144072 SW545 2016 Blaw Knox FB90 FB90-144071 504028-2 Water Tank Conversion for 504028 1M2AG11C75M035841 502502 2000 INTERNATIONAL 47000 4X2 TOOL TRUCK 1HTSCAAM5YH312127 Page 2 IIJJJALL8JK PAVING LLC 502503 2003 INTERNATIONAL 4300 TOOL TRUCK 1 HTMMAAM13H589310 502504 2005 INTERNATIONAL 4300 TOOL TRUCK 1 HTMMAAM85H101926 502506 2006 INTERNATIONAL 4300 TOOL TRUCK 1 HTMMAAN36H305625 502507 2017 FORD F-750 1 FDXW7DE7HDB04206 502508 2017 FORD F-750 1FDXW7DE9HDB04207 502509 2017 FORD F-750 1FDXW7DE1HDB05402 502510 2019 FORD F750 BOX TOOL TRUCK 1FDXW7DEXKDF00024 502511 2019 FORF F750 BOX TOOL TRUCK 1 FDXW7DE1 KDF00025 RSV553 2007 CAT CB534DXW VIBE ROLLER EAA00547 RSV556 2017 CAT CB64B VIBRATORY ASPHALT COMPACTOR C5600252 RSV557 2017 CAT CB64B VIBRATORY ASPHALT COMPACTOR C5600269 RSV558 2017 CAT CB64B VIBRATORY ASPHALT COMPACTOR C5600270 RSV559 2017 CAT CB64B VIBRATORY ASPHALT COMPACTOR C5600271 RSV560 2017 CAT CB64B VIBRATORY ASPHALT COMPACTOR C5600288 RSV561 2017 CAT CB64B VIBRATORY ASPHALT COMPACTOR C5600290 RSV562 2018 Cat CB64B Paving Vibe Roller C5600418 RSV563 2018 Cat CB64B Paving Vibe Roller C5600421 RSV564 2018 Cat CB64B Paving Vibe Roller C5600424 RSV565 2018 Cat CB64B Paving Vibe Roller C5600425 SKS519 2015 CAT 262D SKID STEER DTB03708 SKS520 2015 CAT 262D SKID STEER DTB03716 SKS521 2016 CAT 262D DTB04937 SKS522 2016 CAT 262D DTB04941 SKS525 2016 CAT 262D w/Millhead DTB05745 SKS526 CAT 262 SKID STEER DTB07901 SW540 2015 ELGIN BROOM BEAR 1FVACXCY4GHGW1801 SW543 2016 ELGINE BROOM BEAR 1FVACXCY7GHHR3676 SW546 Broom Bear Truck Sweeper 1 FVACXFE6JHJY7193 T534 2015 EAGER BEAVER 50GSUPT 112SE489FL080382 T535 2016 TOWMASTER 16'SKIDSTEER TRAILER 4KNTT1429GL160545 T536 2016 TOWMASTER 16'SKIDSTEER TRAILER 4KNTT142XGL160764 T550 2016 TOWMASTER T-12DT 16'SKIDSTEER TRAILER 4KNTT1423HL161577 201308 2011 FORD F150 4X4 SUPERCAB 1 FTFX1 ET6BKD45510 201311 2011 FORD F150 4X4 SUPERCAB 1 FTFX1 ET1BKD45513 201315 2012 FORD F150 XL (LUP699) 1FTMF1EM4CKD62312 - 201317 2012 FORD F150 XL (LUP703) 1 FTMF1 EM8CKD62314 201385 2016 FORD F150 XL SUPERCAB 4X4 1 FTFX1 EG2GKE84978 201386 2016 FORD F150 XL SUPERCAB 4X4 1 FTFX1 EG4GKE84979 201388 2016 FORD F150 XL SUPERCAB 4X4 1FTFX1EG2GKE84981 201392 2016 FORD F150 XL REG CAB 1FTMF1EP7GKE85568 201399 Ford F150 XLT Pickup 1 FTFX1 EG3HKD48294 201400 Ford F150 XL Pickup 1 FTFX1 EG5HKD48295 203590 2012 FORD F250 XL 4X2 SUPERCAB 1 FD7X2A63CEB81977 503306 2011 International 4300SBA Durstar 2000 Gallon Water Truck 1 HTMMAAM4BH282910 503307 2011 International 4300SBA Durastar 2000 Gallon Water Truck 1 HTMMAAM4BH283121 504019 1999 MACK RD688S WATER TRUCK 1M2P267C2XM045290 Page 3 7 A CI1 -< co 3 co W O N '`'' CD o c L A ,— 0 OC W ^ y n � C), a3 Fitns Q 4 f1 >-0 4"" O 0, 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C.)o ( " _ - le§ 2rE / I $z & 3 7! f0t & r- 2 / i- - o _ $ \�¥ \ w �q % Cu® = = E \ < [ ; £ aFS CO � ƒ b % Z3& « _ §\ � aEtco9g \ _ � � no � -4 � -n 0 _o {) C { E ° E =� 2/ 53 , P 0 0 3 \ - 5 G co j } 0 7 EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Middlesex Paving, LLC , as Principal, and Travelers Casualty and Surety Company of America 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) $ five percent (5%) of amount 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 28th day of March , 20 19 The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the ITB #19-005 Asphalt Paving Projects for FY 2019 (Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. ITB #19-005 Asphalt Paving Projects FY 2019 39 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 of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. ITB#19-005 Asphalt Paving Projects FY 2019 40 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. BIDDER: 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) (Indivi. . ' Signature) (Wit (2) (Individual's Signature) (Witness) doing business as SEAL) (Bus'. -ss Address) (Telephone No.) (Florida License No.) ITB#19-005 Asphalt Paving Projects FY 2019 41 If Bidder is PARTNERSHIP,complete this signature block. (1) (Pa - ship Name) (Witn- (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Bu ' ess Address) (Telephone No.) (Florida License No.) ITB #19-005 Asphalt Paving Projects FY 2019 42 If Bidder is CORPORATION,complete this signature block. Middlesex Paving, LLC. (1) Fklir-d—e4-fre-a-4-11" (Corporation Name) (Witness Florida (2) GA.: (State of Incorporation) (Witness) By: David Socci (Name of Person Authorized to Sign-See Note I) (SEAL) David Socci, Sr. V.P. Preconstruction& Manager (Title) r 1 ' rized ' re) Robert W. Pereira II (Corporation President) 10801 Cosmonaut Blvd, Orlando, FL 32824 (Business Address) 407-206-0077 CGC1525524 (Telephone No.) (Florida License No.) ITB#19-005 Asphalt Paving Projects FY 2019 43 SURETY Witness: (If agency is not a Corporation) Travelers Casualty and Surety Company of America (Surety Business Name) (1) ( • ess) One Tower Square, Hartford, CT 06183 ak(Principal Place o siness) (2) (Witness) By: t.1 Agent's sign..1W- ee rote 2) Attest: (If gency is a Corp ion FL Non-Resident Sandra C. Lopes License No. W051270 af/, ff (Surety Agent's Name) ( ff ccifeaaSi3srarlfc Signature) Witness Attorney-in-Fact Laurie Rothwell (Surety Agent's Title) ( 4iColialieXt v Name) Witness Alliant Insurance Services, Inc. (Business Name of Local Agent for Surety) (Corporate Seal) 131 Oliver Street, 4th Floor, Boston, MA 02110 (Business Address) (617) 535-7200 N/A (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. ITB#19-005 Asphalt Paving Projects FY 2019 44 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF MASSACHUSETTS COUNTY OR CITY OF SUFFOLK ) Before me,a Notary Public, personally came Sandra C. Lopes known to me, and known to be the Attorney-in-Fact of Travelers Casualty and Surety Company of Amenca, a Connecticut Corporation, which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said Travelers Casualty and Surety Company of America were affixed by order and authority of said Company's Board of Directors, (Surety Company) Travelers Casualty and Surety and that the execution of the attached bond is the free act and deed of Company of America (Surety Company) Given under my hand and seal this 28th day of March , 20 19. 1 i A.AA NICOLE ';yi * Notary Public My Commission Expires July 1 1,2025 •( )COMMONWEALTH OF MASSACHUSETTS J My Commission Expires July 11, 2025 END OF SECTION ITB#19-005 Asphalt Paving Projects FY 2019 45 Travelers Casualty and Surety Company of America TRAVELERS Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Sandra C.Lopes,of Boston,Massachusetts,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. #00yKVITFORD, I,per k o ; S State of Connecticut l%%^ By: ` City of Hartford ss. Robert L.Raney,Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 YY�QJWt. �:� * Marie C.Tetreault,Notary Public 'A,.tiy s This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 28th day of March , 2019 • 0 id Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,p/ease call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. IJJJIIBJX PAVING LLC At a meeting of the Board of Directors of MIDDLESEX PAVING, LLC held on May 16, 2018, at which all the Directors were present or waived notice, it was VOTED, that Robert W. Pereira, Chief Executive Officer &Managing Member; Robert W. Pereira II, President and Chief Operating Officer& Managing Member; Alfred S. Aponas, President Southeast Region & Manager; David P. Socci, Senior Vice President Preconstruction, Assistant Secretary & Manager; Peter J. Martinkus, Senior Vice President Finance, CFO, Secretary & Manager; be and they hereby are authorized to execute bids, contracts, bonds, and owners' payment requisitions in the name and on behalf of said Corporation, and affix its Corporate Seal thereto; and such execution of any contract or obligation in the Corporation's name on its behalf by such Chief Executive Officer, President, Vice President, and Secretary under seal of the Corporation, shall be valid and binding upon this Corporation. A true copy ATTEST: ` 6, �,1 �i Pe r . Martinkus Secretary Place of Business: 10801 Cosmonaut Blvd Orlando, Florida 32824 Date: 4 - —�q I hereby certify that I am the Secretary of MIDDLESEX PAVING, LLC,that Robert W. Pereira is the duly elected Chief Executive Officer& Managing Member, Robert W. Pereira II is the duly elected President, Chief Operating Officer& Managing Member, Alfred S. Aponas is the duly elected President Southeast Region & Manager, and David P. Socci is the duly elected Senior Vice President Preconstruction & Assistant Secretary & Manager, Peter J. Martinkus is the duly elected Senior Vice President Finance, CFO, Secretary & Manager of said Corporation, and that the above vote has not been amended or rescinded and remains in full force and effect as of this date. P-er J. artinkus Secretary 10801 Cosmonaut Blvd, Orlando, Florida 32824 • Tel: 407-206-0077 • Fax: 407-206-3558 COMMITTED TO SAFETY AND QUALITY 1J .g jx PAVING LLC Officers and Board Members of Middlesex Paving, LLC. Principal Office: 10801 Cosmonaut Blvd Orlando, FL 32824 Name Title Office Robert W. Pereira Chief Executive Officer&Managing 10801 Cosmonaut Boulevard,Orlando,FL 32824 Member Robert W. Pereira II President&Chief Operating Officer& One Spectacle Pond Road,Littleton,MA 01460 Managing Member Alfred S. Aponas President Southeast Region&Manager 10801 Cosmonaut Boulevard,Orlando,FL 32824 David Socci Senior Vice President Preconstruction& One Spectacle Pond Road,Littleton, MA 01460 Assistant Secretary&Manager Peter J. Martinkus Senior Vice President Finance, CFO& One Spectacle Pond Road,Littleton, MA 01460 Secretary&Manager Attachment A ik.‘9,40"" ()cope 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: X 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: Middlesex Paving, LLC. Farm Name 10 ' Sig, re David Socci, Senior Vice President Preconstruction & Manager Name and Title(Print or Type) P191111 Ct k 2-o 19 Date ITB#19-005 Asphalt Paving Projects FY 2019 50 ITB#19-005 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM"ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. Middlesex Paving, LLC. 978-742-4410 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 407-206-3558 FAX (INCLUDE AREA CODE) dsocci@middlesexco.com E-MAIL ADDRESS �� IF REMITTANCE ADDRESS IS DIFFERENT H A IGN_A 1 )RE(manual) FROM PURCHASE ORDER ADDRESS, �� PLEASE INDICATE BELOW: Senior V.P. Preconstruction& ManE NAME/TITLE(PLEASE PRINT) 10801 Cosmonaut Blvd STREET ADDRESS Orlando Florida 32824 CITY STATE ZIP FEDERAL ID#46-1625297 Individual X Corporation Partnership Other(Specify)LLC Sworn to and subscribed before me this q day of Ape' ' ( ,2019. Personally Known X or Produced Identification N/A Notary Public- State of Florida (Type of Identification) County of Orange fw% 4 'Signatutary Pu:is I?,Yts' EVELYN SERGEANT c ,., .r MY COP/MY SION#FF 901338 Printed ; !i ° iwtr,4Utyderwriters Comm .2019 i — ---- — ITB#19-005 Asphalt Paving Projects FY 2019 5 Middlesex Paving , LLC. Prequalification Certificates, Licenses and Affirmative Action Plan State of Florida Department of State I certify from the records of this office that MIDDLESEX PAVING LLC is a limited liability company organized under the laws of the State of Florida, filed on June 4, 2012, effective September 1, 2012. The document number of this limited liability company is L12000074210. I further certify that said limited liability company has paid all fees due this office through December 31, 2019, that its most recent annual report was filed on January 8, 2019, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighth day of January, 2019 •.P�iii 1°°e 142:01.' Secretary of State Tracking Number:0988783871CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.su n b iz.org/Filings/Ce rtificateOfStatu s/CertificateAuthentication ,...... , _ _ _._ • . . ___, no O LL Z C g ,., 0W W 0 z trI tn Q W W LU IJ 0 o a Q m Z _ 1 o N , 1""" ++ a Z N o N Q 0 ? Li:' Ii `.iII N vii c • iN u O V1 ;,` i Chii. to �,.j GJ _ i L1. � • 43+za — g yY Lt O ^� r s .V. LL a .1o: P - UN :-.4..15 < . .:-.'.-.--!..R mow - a) t LL W '� t q:`• o u o O8et Q _ o • tg rW y i N �Q W . . V ,1 io H Zto 1 Z , Z, I— u a.., m 1 ,0_;i fix, oC �-. 1', 2 a •:, 0 Cia O GC g W , W • •N co cc IZ.7. 66 [ . _W UJ> W C7 Zr u 0 X 0 = OQ _ U O. y U CI I 4% 1:1❑ •I •� qo ,, / h, l'' -'171101P-: ❑ '•'• ti ❑ 1 Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida —I: 2018 EXPIRES 9/30/2019 1811-0573234 1811 PAVING $50.00 30 EMPLOYEES i TOTAL TAX $50.00 PEREIRA ROBERT W CEO REGULATED WASTE $50.00 PREVIOUSLY PAID $100.00 TOTAL DUE $0.00 MIDDLESEX CORP THE ATTN OFFICE MANAGER 10801 COSMONAUT BLVD ORLANDO FL 32824-7627 10801 COSMONAUT BV U-ORLANDO,32824 PAID: $100.00 0099-00846657 8/6/2018 Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida This local Business Tax Receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance.Businesses are subject to regulation of zoning,health and other lawful authorities.This receipt Is valid from October 1 through September 30 of receipt year.Delinquent penalty Is added October 1. 2018 EXPIRES 9/30/2019 1811-0573234 1811 PAVING $50.00 30 EMPLOYEES ` ``OVI/11, ''i: !��`a. _ a '' ''''<4.;A TOTAL TAX $50.00 _ C REGULATED WASTE $50.00 t �\ '-' PEREIRA ROBERT W CEO PREVIOUSLY PAID $100.00 TOTAL DUE $0.00 "'/• ,�`�' A MIDDLESEX OFFICE MANAGER 10801 COSMONAUT BV (f (�l'\'1'1�� ORLANDO 10801 COSMONAUT BLVD U-ORLANDO,32824 PAID: $100.00 0099-00846657 8/6/2018 This receipt Is official when validated by the Tax Collector. Orange County Code requires this local Business Tax Receipt to be displayed conspicuously at the place of business In public view.It Is subject to Inspection by all duly authorized officers of the County. octaxcol.com I U D tfil octaxcol FDOT Florida Department of Transportation RICK SCOTT 605 Suwannee Street MIKE DEW GOVERNOR Tallahassee, FL 32399-0450 SECRETARY 5/24/2018 MIDDLESEX PAVING, LLC 1 SPECTACLE POND ROAD LITTLETON, MASSACHUSETTS 01460 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2019. However, the new application is due 4/30/2019. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: FLEXIBLE PAVING, HOT PLANT-MIXED BITUM. COURSES You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041 (3) , Florida Administrative Code (F.A.C. ) , by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. WWW.fdot.gov Middlesex Paving, LLC Page Two 5/24/2018 All prequalified contractors are required by Section 14-22.006(3) , F.A.C. , to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, i( l/ Alan Autry, Manager Contracts AOministration Office AA: JT: A 3 O® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) L....---- 6/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alliant Insurance Services, Inc. HONAME: 200 S.Wacker Drive, Suite 3030 (NCC.No,Edi: 312-546-5624 E FAX ,No): Chicago IL 60606 ADDRESS: TMCCerts@alliant.com INSURER(S)AFFORDING COVERAGE NAIC 8 INSURER A:Zurich American Insurance Company 16535 INSURED MIDSEXC-01 INSURERS:American Zurich Insurance Company 40142 Middlesex Paving LLC INSURER C:National Union Fire Ins Co Pittsburgh19445 PA 10801 Cosmonaut Boulevard Orlando, FL 32824 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:24910211 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER IMM/DD/YYYY) IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL00381369-03 7/1/2018 7/1/2019 EACH OCCURRENCE $2,000,000 _ DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $2,000,000 XContractual Liab � MED EXP(Any one person) $10,000 _ X I XCU Included PERSONAL 8 ADV INJURY $2,000,000 i GEN'L AGGREGATE LIMITAPPLIES PER: l GENERAL AGGREGATE $4,000,000 POLICY X TeiX LOC i PRODUCTS-COMP/OP AGG $4,000,000 l I I OTHER: $ A AUTOMOBILE LIABILITY Y 1 Y l BAP0381370-03 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT ,$1.000,000 (Ea accident) X ANY AUTO ! BODILY INJURY(Per person) $ OWNED SCHEDULED — fAUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X I HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) I $ C I X UMBRELLA LIAB X OCCUR Y V BE014795706 7/1/2018 7/1/2019 EACH OCCURRENCE $25,000,000 1 EXCESS LIAB I CLAIMS-MADE I AGGREGATE _ $25,000,000 _ DED X RETENTION$10 000 _ $ B WORKERS COMPENSATION Y WC0381368-03 7/1/2018 7/1/2019 X STATUTE ESR AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory In NH) 1 E.L.DISEASE-EA EMPLOYEE $1,000,000 DIF'; describe under I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 1 i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space is required) Evidence of Insurance Purposes Only CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Middlesex Paving, LLC 10801 Cosmonaut Blvd. AUTHORIZED REPRESENTATIVE Orlando FL 32824 (� C.:44 I SA•-..—,...-24-"r". ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD FDC:14'n Florida Department of Transportation RICK SCOTT 605 Suwannee Street JIM BOXOLD GOVERNOR Tallahassee,FL 32399-0450 SECRETARY 8/31/2016 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: MIDDLESEX PAVING, LLC has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation Projects, it will not be necessary for you to submit a new plan. If you need any additional information, please contact me at(850)414-4747. Sincerely, Stefan Kulakowski State Contract Compliance Administrator Equal Opportunity Office AFFIRMATIVE ACTION PLAN EXPIRATION: 8/31/2019 This plan is one of the requirements to bid on contracts for the Florida Department of Transportation. This is not approval for Unified Certlfication Program Disadvantaged Business Enterprise(UCP/DBE)Certification, For additional Information in becoming a ABE,contact the Certification Section at (850)414-4747. 272.030-1121 ff • EQUAL OPPORTUNITY OFFICE •E. 2 Pepe 1 12 PAVING LLC : 'uP L OPPORTUNITY nFMc 34 3L- Middlesex Paving LLC hereafter referred s 'th Comp y' or"this Company"has adopted this policy and pian. Date: 8/31/2016 By: ('i / Signature • Corporate FED No.: 46-1625297 Ro ert W.Pereira,II President& COO Printed name&title DISADVANTAGED BUSINESS ENTERPRISE ('DBE')AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of this Company that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation (FDOT). The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between FDOT and the Company. Subcontractors and/or suppliers to the Company will also be bound by the requirements of Rule Chapter 14-78 F.A.C. and its subcontractors shall take all necessary and reasonable steps In accordance with Chapter 14-78, F.A.C., to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with FDOT, The Company and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with FDOT. The Company has designated and appointed a Liaison Officer to develop, maintain,and monitor the DBE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating.this policy statement throughout the Company and to disadvantaged controlled businesses. This statement is posted on notice boards of the Company. I. DESIGNATION OF LIAISON OFFICER The Company will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with FDOT. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all FDOT contracts; (2) The Liaison Officer will submit all records, reports,and documents required by FDOT,and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of FDOT. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of FDOT. DBE LIAISON OFFICER: NAME: Ms Evelyn Sargeant TITLE: Administrative Estimating EMAIL: esargeant@middlesexco.com ADDRESS: 10801 Cosmonaut Blvd.,Orlando,FL 32824 10801 Cosmonaut Blvd., Orlando, FL 32824 • Tel: 407-206-0077 . Fax: 407.206-3559 COMMITTED TO SAFETY AND QUALITY 276ma11B EQUAL OPPORTUNITY OFFICE 12/12 Pop 2c12 li. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, the Company has identified the following known barriers to participation by disadvantaged subcontractors, before describing Its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform FDOT work; 3. Lack of interest in performing on FDOT contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of FDOT plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses stated above, it shall be the policy of the Company to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with FDOT will: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting the state's goals(Including, where appropriate, breaking down contracts into economically feasbile units to facilitate DBE participation); 4. Provide adequate information about the plans, specifications, and requirements of the contract, notrejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it Is practical to do so; 6. Attend pm-bid meetings held by FDOT to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. 8. Utllize FDOTs DBE Supportive Services providers for assistance in identifying and notifying DBE's of contracting opportunities. The Company understands that this list of affirmative action methods is not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective. III.IMPLEMENTATION The Company will make every effort to 1. Meet state goals by utilizing its affirmative action methods. 2. Express good faith by seeking to utilize DBE subcontractors where work is to be subcontracted. 3. Ensuring that contracted DBE's perform a commercially useful function as evidenced by their execution of a distinct element of work with its own workforce and the carrying out responsibilities by actually performing, managing and supervising the work involved. IV.REPORTING The Company shall keep and maintain such records as are necessary to determine the company's compliance with Its DBE Affirmative Action Plan.The Company will design its record keeping system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made In obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all FDOT projects; 4. The Company shall comply with FDOT's requirements regarding payments to subcontractors including DBEs for each month(estimate period)in which the companies have worked. V.DBE DIRECTORY The Company will utilize the DBE Directory published by the FDOT. THE MIDDLESEX CORPORATION DRUG-FREE WORKPLACE POLICY SUMMARY September 2018 IMPORTANT: This document is only a summary of The Middlesex Corporation's official Drug-Free Workplace Policy. The official copy is available to all Team Members for their review and should be reviewed with respect to specific terms, definitions, or procedures. This policy does not create a binding employment contract or modify an existing contract. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary Disclaimer&Statement of Copyright This document has been prepared for The Middlesex Corporation with every effort made to ensure accuracy and completeness. Responsibility for any errors or omissions,or responsibility for any interpretations,applications,and changes made by The Middlesex Corporation are that of The Middlesex Corporation. The enclosed document is not intended to substitute for a labor attorney should legal advice or representation be necessary in protecting the company's legal rights. The Middlesex Corporation should consult and rely upon the advice of their own legal counsel when making decisions pertaining to their Team Members. All rights reserved. This document is copyrighted and afforded all protections under the U.S.Copyright Law(P.L.94-553)effective January 1,1978.It may not,in whole or in part,be copied,photocopied,reproduced,stored in a retrieval system,transcribed,translated,or reduced to any electronics medium or machine-readable form without prior consent,in writing.Permission to use this document is limited based upon The Middlesex Corporation having paid for it and using it for its in-house use only.This permission does not allow for an individual to:share this information with anyone outside The Middlesex Corporation;take a copy of this document to another company/agency when they leave their current position;nor use it for any other company or agency that has not paid for it.Any company,agency,or individual found using any or all of this material in any way other than its intended use,without specific written permission,is subject to legal action. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary PURPOSE The Middlesex Corporation (TMC or "the company") is committed to providing a safe, healthy, and productive work environment. Therefore,to meet this objective,as well as our obligations under applicable federal and state laws, TMC has a Drug-free Workplace Policy and program that provides TMC with reasonable measures to ensure that a Team Member drug or alcohol problem does not jeopardize the successful operation of our business, or otherwise negatively affect TMC, our Team Members, or the general public. While it is not TMC's intention to intrude into the private lives of its Team Members, TMC does expect Team Members to report to work in fit condition to perform their duties. We realize that Team Members with drug and alcohol problems make up only a small percentage of the workforce,and also recognize that having a Drug-free Workplace Policy will benefit all Team Members. WHO Is COVERED The drug-free workplace policy covers all temporary Team Members, part-time Team Members, and full- time Team Members, including independent contractors, subcontractors and interns of TMC. Team Members who are covered under the Department of Transportation (DOT) regulations must comply with the DOT regulated rules, as well as TMC's company policy and may contact a Site Safety Manager or the HSE Corporate Director for a copy of the DOT Rules. AVAILABILITY OF TREATMENT All eligible part-time, full-time, and temporary Team Members and their family members have access to the Employee(Team Member)Assistance Program(EAP)at no charge. Should there be a need for treatment, coverage is based on the parameters set forth in the Team Member's medical benefits plan. Team Members who participate in another provider's plan should refer to that plan to determine what coverage is available. Team Members are responsible for all costs of treatment that are not covered by their applicable medical benefits plan. SUPPORT FOR VOLUNTARILY SEEKING HELP To assist Team Members in obtaining treatment, TMC offers the services of an EAP, which provides assessment, counseling, and referral services for eligible Team Members with substance abuse and other personal problems. This service may be accessed 24 hours a day, 365 days a year. The EAP provides experienced counselors to help with personal problems, including those related to drug and alcohol. Confidentiality is assured. Team Members who undergo voluntary counseling or treatment that continue to work are subject to the same job performance and behavior standards as other Team Members. As is the case of all Team Members, those seeking voluntary counseling or treatment who fail to meet performance standards will be subject to disciplinary action. When treatment is necessary, coverage is based on the parameters set forth in the medical benefits plan. Team Members are solely responsible for all costs of treatment not covered by their applicable medical benefits plan. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary INTERVENTION Due to the fact that substance abuse often involves denial of the problem, many abusers do not voluntarily seek treatment. In such cases,TMC reserves the right to intervene. Intervention by a Supervisor or Manager: Whenever a supervisor or manager believes a Team Member or supervisor or manager's behavior and/or action(s) may be related to the use of drugs or alcohol, the supervisor or manager will take appropriate action,which may include a drug and alcohol test,as described in the Referral Procedures Section of this Policy. A supervisor or manager failing to take action when he/she believes a Team Member or supervisor or manager's behavior and/or action(s)may be related to the use of drugs or alcohol may lead to disciplinary action up to and including termination. Intervention by a Team Member: Whenever a Team Member has reasonable suspicion, as defined in the Appendix, that the questionable behavior and/or action(s) of a fellow Team Member, supervisor, or manager may be related to the use of drugs or alcohol, the Team Member should contact a Department Manager or a Project Manager or a member of the Department. The information provided to the individual is confidential.He/she will pursue the situation based on appropriate procedures. PROHIBITED CONDUCT TMC has defined Team Member conduct that is prohibited on company property, on company business, and in company-supplied vehicles or personal vehicles being used for company business or during working hours. The policy lists the prohibited conduct, with the following as only examples of such prohibited conduct: • Use, possession, manufacture, distribution, attempted distribution, dispensation, attempted dispensation, sale, attempted sale, purchase, attempted purchase, cultivation, or storage or being "under the influence"of illicit drugs(defined as a positive test result); IMPORTANT: In accordance with Federal law, TMC does not allow any Team Member to use, possess, cultivate, manufacture, distribute, dispense, sell, or store marijuana under any circumstance. Based on this, the company does not accept a medical marijuana card or a letter recommending/prescribing the use of marijuana for any reason. In addition, in accordance with Federal law, TMC does not allow any Team Member to use, possess, consume, distribute, store or be under the influence of any synthetic drugs simulating the effects of cannabinoid, cocaine or amphetamine products. • Unauthorized use, possession, or being "under the influence" of alcohol (defined as a breath alcohol concentration of.01 or higher,unless otherwise specified in the Permitted Conduct section of this policy summary); In addition, TMC prohibits Team Members who leave company property during work hours to consume alcohol if they will be returning to work (e.g. meals, breaks, between sales or service calls), unless otherwise specified in the Permitted Conduct section of this policy summary. • Conviction for any criminal drug or alcohol statute for a violation occurring in the workplace, while conducting company business, while driving company owned, rented or leased vehicles or personal vehicles being used for company business, or which is directly related to your job or creates an unreasonable risk of harm to property or to the welfare of Team Members or customers of the company or the general public. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary • Failing to notify an HSE Director of any criminal drug or alcohol statute conviction or arrest within 24 hours or the next working day for a violation occurring in the workplace, while conducting company business, while driving company owned, rented or leased vehicles or personal vehicles being used for company business, or which is directly related to your job or creates an unreasonable risk of harm to property or to the welfare of Team Members or customers of the company or the general public. • Failing to report any change in driver's license status (restrictions or loss of license), within 24 hours or the next working day,to his/her supervisor, if his/her job function may include driving a vehicle for company business. • Taking a prescription drug that is not according to their physician's direction, as well as not following manufacturers'directions when taking over-the-counter drugs. Note: Team Members in safety-sensitive positions must report to his/her supervisor the use of a prescription drug that may alter the Team Member's physical or mental ability to perform his/her safety-sensitive function and must provide a note, based on the Team Member's job description, from the prescribing licensed physician that the Team Member is able to continue to perform his/her safety-sensitive job function for the term of the prescription, including any specified restrictions. The prescription is to be written in the Team Member's own name only and from a foreign country are not acceptable. The type of drug being taken and the purpose for taking the drug need not be reported. The Team Member's supervisor and an HSE Director or the Director of Human Resources will determine whether the Team Member's job assignment should be temporarily changed while the prescription is being administered. Sick leave, short-term disability, and/or vacation time may be use if available. All other leave will be unpaid. • Refusing to consent to, remain ready for, cooperate with, submit to, or tampering with a drug and/or alcohol specimen or testing process when required under the policy including switching, substituting,adulterating,or diluting a specimen when collected for a drug or alcohol test; • Refusing to sign the Drug-Free Workplace Policy Acknowledgment and Consent Form or the Rehabilitation Agreement when required is a violation of the policy; • Failure to notify the designated manager when contacted to report for duty outside the Team Members scheduled shift—not previously scheduled,when the Team Member believes that he/she may be under the influence of drugs and/or alcohol, as defined above. The manager contacted by the Team Member will determine if the Team Member shall report to work. • Having any drug or alcohol statute conviction or arrest or engaging in the following conduct, either off company premises or during off-duty hours: — Possession, use, manufacture, distribution, dispensation, cultivation or sale of controlled substances, illegally used drugs, or alcohol off company premises that may adversely affect the company, the Team Member's work performance, or the Team Member's safety,others' safety at work or the general public — Illegal use of legal substances off company premises or during off-duty hours that may adversely affect the company,the Team Member's work performance,the Team Member's safety or others'safety at work or the general public PERMITTED CONDUCT TMC never encourages the consumption of alcohol. However, TMC permits the consumption, possession and storage of alcohol under the following exceptions.Nevertheless, these exceptions: Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary • Do not permit any Team Member to be under the influence of alcohol, which is a BrAC of.04 or higher; • Do not permit consumption of alcohol at any time by underage persons; • Require all Team Members who are covered under the DOT/FMCSA regulations to comply with the DOT/FMCSA regulated rules pertaining to the consumption and storage of alcohol. GUIDELINES: For purposes of this policy, 1 drink equals 1.5-ounces of 80 proof alcohol, a 5-ounce glass of wine, or a 12-ounce beer. As a guideline, an individual weighing 180 pounds who consumes 2 drinks in one hour will have an approximate alcohol level of.04 BrAC. A 120 pound individual consuming 2 drinks in one hour will have an approximate alcohol level of.06 BrAC. Consuming the same number of drinks consuming higher proof liquor or higher gravity beers can cause a greater under-the-influence levels. It is important for Team Members to note reaching the under-influence level, as defined in this policy, will vary individual by individual. It is related to a number of factors, such as the person's age, gender, amount of food in the stomach, prior experience with drinking, level of tolerance and the individual's weight. In accordance with the conditions above, consumption of alcohol will be seen as a violation of the policy unless expressly permitted below. • Consumption of alcohol is permitted while attending a mandatory or non-mandatory company- sponsored function,if consumption is authorized in advance by a member of the ELT of TMC. Consumption of alcohol is permitted while attending professional events, including professional association meetings. However, consumption is not permitted during the normal working hours of 7:00 a.m. to 5:00 p.m. or until the official meeting and/or training sessions have concluded, unless otherwise authorized by a member of ELT. • Consumption of alcohol is permitted while conducting business-related entertainment with non- company personnel,including sales functions or while traveling on business. • Consumption of alcohol is permitted while conducting business-related entertainment with company personnel,when authorized in advance by a member of the ELT of TMC. • Consumption of alcohol is permitted, within the defined limits established above, by a Team Member who is authorized to operate a company supplied vehicle on personal time and using such vehicle on personal time. Refer to the company's "Use of Motor Vehicles Safety Policy"to determine who is authorized to operate a company supplied vehicle on personal time. • Consumption of alcohol is permitted while residing at a project site. However,consumption is not permitted during the normal working hours of 7:00 a.m.to 5:00 p.m. or until the official work day has concluded. NOTE: While traveling overnight on TMC business, the Team Member is to follow the appropriate conducts established in this policy from the time the Team Member begins travel until he/she returns from the travel, including after business sessions have concluded. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary Based on the exceptions above, if a situation occurs where a Team Member believes that he/she may be "under the influence" of alcohol, or when a manager believes a Team Member may be "under the influence" of alcohol, the Team Member is not permitted to drive a vehicle. If a Team Member drives a vehicle against the direction of management, it will be considered a violation of the policy. When it is necessary for the Team Member,while conducting company business to take a taxicab,the reasonable costs shall be reimbursed by TMC. Possession and storage of alcohol containers will be seen as a violation of the policy unless expressly permitted below. • Storage of unopened, sealed alcohol containers which are not visible and are locked in a Team Member's vehicle, or company-supplied vehicle authorized for personal use, while the vehicle is on company property, being used for company business, or during working hours is permitted when authorized in advance by ELT of TMC. Storage of unsealed containers of alcohol will be seen as a violation of the policy. • TMC will provide a storage facility to Team Members who need to store unopened, sealed containers of alcohol for company events during working hours. Arrangements for storage can be made with by the ELT of TMC. NOTE: For the storage exceptions above, this does not apply to those company-owned vehicles with company insignias. No containers of alcohol, including those that are unopened and sealed, are to be placed or stored in vehicles with company insignias. NOTE: For the consumption, possession and storage alcohol exceptions above, they do not apply to project sites. NOTE: In addition, at no time is alcohol permitted to be transported in a DOT/FMCSA regulated vehicle (over 26,001 pounds or more), unless it is under manifest and is not permitted to be transported in a home delivery truck, unless authorized in advance by the President of TMC. KINDS OF TESTING The only way to know with certainty if a Team Member is under the influence of drugs or alcohol is to conduct a test. The methods used to determine the presence of alcohol or drugs in the system under this policy include a urine,saliva,blood,and/or breath test. Therefore,for the safety of all our Team Members, TMC tests for drugs and/or alcohol in the following circumstances: • During the pre-employment period; • Where there is reasonable suspicion of prohibited drug or alcohol use; • After an accident; • On a return after lay-off of 30 days or more; • On a random basis; • When required by a client or the government; and • As a follow-up to treatment or assessment. TMC has adopted procedures that respect Team Members'privacy and confidentiality to the greatest extent possible. For example, before TMC requests a reasonable-suspicion test, a supervisor must document all suspected behavior and confer with another supervisor/manager to discuss the situation and to receive authorization for a referral.Whenever possible,the supervisor will discuss the reasonable suspicion referral with the Team Member in a private location.Further,to ensure testing reliability,TMC has chosen a testing laboratory,which uses the most accurate and advanced testing methods available. Finally,before a positive test result is reported to TMC,an outside Medical Review Officer(MRO), who is a licensed physician, will review the test result. The MRO will contact the Team Member for further information.If a Team Member has a legitimate medical explanation for the positive test and the MRO has verified the explanation,the test will be reported as negative to the company. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary CONSEQUENCES Any violation of the Drug-Free Workplace Policy, even a first offense, may be a basis for disciplinary action, up to and including termination. However, particularly serious violations, such as selling drugs at TMC, will normally result in immediate termination and referral for criminal prosecution. In addition, Team Members should be aware that: • A positive pre-employment drug test will result in a no hire determination. • A Team Member having a positive test result will normally result in immediate termination. The company may choose to rehire the Team Member. Should this occur,the Team Member will need to provide written proof of having received and completed assessment, counseling and/or treatment from a licensed substance abuse treatment facility and have a driver's license in good standing in the state in which he/she may be assigned, if a license is required for his/her job function. In addition, the individual reapplying for a safety-sensitive position will be required to submit to unannounced drug and/or alcohol testing for the first twelve (12) months of employment. • A refusal to consent to or a refusal to submit to or tampering with or a failure to report for a test will result in a'no hire'determination and/or immediate termination. • A second positive drug or alcohol test result will result in automatic termination. NOTE: Should the Medical Review officer report a negative drug test result and also report safety concerns for the Team Member based on the prescription being taken by the Team Member, the company reserves the option to contact the Team Member's prescribing licensed physician or the pharmacist directly for guidance as to the Team Member's ability to continue performing his/her safety-sensitive job function. Team Members who violate the policy or whom TMC refers to assessment or treatment will be required to sign a rehabilitation agreement. Team Members must comply with all of the treatment conditions, or they may be terminated. Team Members are always required to meet the established standards of conduct and job performance while undergoing substance abuse treatment. For the purposes of Worker's Compensation, should a Team Member produce a positive drug or alcohol test result or refuse to submit to a drug or alcohol test as required under this policy, his/her eligibility for compensation and benefits may be affected. COST OF TESTING TMC will pay for any drug and/or alcohol test that it requests or requires, in accordance with this policy. Should a Team Member request a retest, the cost is to be assumed by the Team Member unless otherwise required by state and/or federal law or if the cost is voluntarily assumed by the company. Should a Team Member request a retest,the cost is to be assumed by the Team Member unless otherwise stated. RIGHT TO A RETEST An Team Member who tests positive on a confirmatory drug test required by the company may consult with the Medical Review Officer to identify possible legitimate explanations for the positive result. In addition, the Team Member may request in writing a retest of the original specimen at his/her expense within 5 working days after the Team Member has been informed of the confirmed positive result. The retest is to be conducted at TMC's NIDA Certified Laboratory or another NIDA Certified Laboratory. An Team Member who tests positive for alcohol by breath is automatically given a retest, at the time of the original collection, as a confirmation. If a retest is requested by the Team Member, no final disciplinary action will be taken until the result of the re-analysis have been made available. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary INSPECTIONS Should TMC have reason to believe that a Team Member may be in possession of alcohol, drugs, or drug paraphernalia on company property or on company time in violation of this policy, TMC may search company property or may request that the Team Member empty the contents of his or her personal effects or personal vehicle on company property or on company time. SAFETY-SENSITIVE POSITIONS Any job position determined by TMC which by the nature of the work involved is accompanied by such risk, by the nature of the work involved, that even a momentary lapse of attention could have serious consequences to the safety of the co-worker, other co-workers, customers, the company, or the general public. For purposes of this policy,the following are the designated safety-sensitive positions: All personnel driving company owned,rented or leased vehicles All personnel driving personal vehicles being used for company business All personnel receiving car allowances All field personnel All plant personnel All shop personnel The purpose of identifying these safety-sensitive positions is that it is Team Members in these positions that need to report a prescription drug that may affect their ability to do their job function. In addition, in some of the states in which TMC operates,state law restricts certain forms of testing to safety-sensitive positions CONFIDENTIALITY All information concerning drug or alcohol testing referrals and testing results, or treatment and rehabilitation of a Team Member will be kept confidential. RESERVATION OF RIGHTS The Middlesex Corporation reserves the right to right to amend,correct,edit,modify, rescind and/or revise the policy in whole or in part, with or without notice. In addition, changes to applicable federal or state laws or regulations may require TMC to modify or supplement the policy. This policy does not create a binding employment contract. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary Drug-Free Workplace Policy Acknowledgment & Consent Form for The Middlesex Corporation I have received the summary of the Drug-Free Workplace Policy of The Middlesex Corporation. In addition, I have been provided the opportunity to read the Drug-Free Workplace Policy in its entirety. I understand that I am required to follow this policy. I also understand that failure to comply with this policy is the basis for discipline,up to and including termination. I understand the Drug-Free Workplace Policy of The Middlesex Corporation establishes conditions under which I may be required to provide a breath,blood, saliva, or urine sample for drug and/or alcohol testing. If this occurs,I hereby consent to such testing.I authorize the testing laboratory to release my test results to the Medical Review Officer (MRO) and/or to designated supervisors and managers on a need-to-know basis. If there is a positive test result, I understand that the MRO may ask me to provide, and I agree to provide, information about any legal nonprescription drugs and other drugs for which I have a prescription that I take routinely or have taken within the last thirty days. I understand that any communication I may have with the collection site personnel, testing laboratories or MRO does not create or imply a doctor/patient relationship. Date Applicant's/Team Member's Signature Applicant's/Team Member's Name(Printed) Date Parent or Guardian's Signature(Required for Minor Team Members) Note: A determination of the definition of a minor is to be ascertained on a state-by-state basis. Drug-Free Solutions Group,LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary Florida Department of State DIVISION OF CORPORATIONS • ' ir1`)' r f � „Ak}�� .�9r1 ;� :ars ��), f.l Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Limited Liability Company MIDDLESEX PAVING LLC Filing Information Document Number L12000074210 FEI/EIN Number 46-1625297 Date Filed 06/04/2012 Effective Date 09/01/2012 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 05/14/2013 Event Effective Date NONE Principal Address 10801 COSMONAUT BLVD ORLANDO, FL 32824 Mailing Address ONE SPECTACLE POND ROAD LITTLETON, MA 01460 Changed:01/23/2013 Registered Agent Name&Address NRAI SERVICES, INC 1200 South Pine Island Road Plantation, FL 33324 Authorized Person(s)Detail Name&Address Title Chief Executive Officer&Managing Member PEREIRA, ROBERT W. 10801 COSMONAUT BOULEVARD ORLANDO, FL 32824 Title President, Chief Operating Officer&Managing Member PEREIRA, ROBERT W., II ONE SPECTACLE POND ROAD LITTLETON, MA 01460 Title Sr.V.P. Finance, CFO,Secretary&Manager MARTINKUS, PETER J. C/O MIDDLESEX CORPORATION ONE SPECTACLE POND ROAD LITTLETON, MA 01460 Title President Southeast Region&Manager APONAS,ALFRED S. 10801 COSMONAUT BOULEVARD ORLANDO, FL 32824 Title Sr.V.P.-Preconstruction,Assistant Secretary&Manager SOCCI, DAVID P. ONE SPECTACLE POND ROAD LITTLETON, MA 01460 Annual Reports Report Year Filed Date 2017 01/09/2017 2018 01/25/2018 2019 01/08/2019 Document Images 01/08/2019—ANNUAL REPORT View image in PDF format 01/25/2018—ANNUAL REPORT View image in PDF format 01/09/2017—ANNUAL REPORT View image in PDF format 01/12/2016—ANNUAL REPORT View image in PDF format 08/28/2015—AMENDED ANNUAL REPORT View image in PDF format 08/26/2015—AMENDED ANNUAL REPORT View image in PDF format 03/06/2015—ANNUAL REPORT View image in PDF format 01/13/2014—ANNUAL REPORT View image in PDF format 01/23/2013—ANNUAL REPORT View image in PDF format 06/04/2012—Florida Limited Liability View image in PDF format Florida Department of State,Division of Corporations 8:50:42 AM 4/102019 Licensee Details Licensee Information Name: PEREIRA, ROBERT WILLIAM II (Primary Name) MIDDLESEX PAVING, LLC (DBA Name) Main Address: ONE SPECTACLE POND RD LITTLETON Massachusetts 01460 County: OUT OF STATE License Mailing: LicenseLocation: 10801 COSMONAUT BLVD ORLANDO FL 32824 County: ORANGE License Information License Type: Certified General Contractor Rank: Cert General License Number: CGC1525524 Status: Current,Active Licensure Date: 07/17/2017 Expires: 08/31/2020 Special Qualifications Qualification Effective Construction Business 07/17/2017 Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road,Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail. If you have any questions,please contact 850.487.1395. *Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S. must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public. Licensing Portal-View Public Complaints https://www.myfloridalicense.com/viewcomplaint.asp?SID=&li... 9:18.91 AM 412512019 Complaint Details Below is a listing of public complaints regarding the person or entity selected.This may not reflect all public complaints filed with the Department;for example,all complaints against Community Association Managers(CAMs)are available to the public,regardless of whether any appear below,and may be requested directly from the Department. The Department is also precluded from disclosing any complaints which are confidential pursuant to Florida Statutes. If you would like a full list of public complaints against an individual or entity or to make a public records request for complaints listed please visit our Public Records Daae. You can search for public records pertaining to unlicensed activity complaints through an additional database by visiting our Search Unlicensed Activity Complaints naae. For more information about CAM complaints,please visit the CAMs page. Name: The Status and Discipline Description below is only the status of a complaint.To see the status of this license select the"Back"button to return to the Licensee Details Screen. Number Class Incident Status Disposition Disposition Discipline Date Date Date-Description 2601 Blair Stone Road.Tallahassee FL 32399::Entay:Customer Contract Center Customer Contact Center:850.487.1395 The Stale of Florida a an AA/EEO employer.Cooyrlaht 2007-2010 State of Florida privacy Statement Under Fonda law,eoOY addresses are public records.If you do not want your melt address released in response to a public•ncords request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional nail.If you have any questions.please contact 850.487.1395.'Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an erred address it they have one.The ermis provided may be used for official communication with the licensee.However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be rade available to the public. 1 of 1 4/25/2019,9:18 AM Mayor Commissioners Rusty Johnson John Grogan, District 1 RicRosemarhardFy Wilirstnersen, District 3, District 2 City Manager 404 Robert Frank George Oliver III, District 4 ocoee Florida CITY OF OCOEE INVITATION TO ITB #19-005 ASPHALT PAVING PROJECTS FOR FY 2019 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 ITB #19-005 ASPHALT PAVING PROJECTS FOR FY 2019 BID DOCUMENTS Section Page Legal Advertisement 3 Bid Instructions 4 - 7 General Terms & Conditions 8 - 19 List of Subcontractors*,p. 18 Equipment Listing*,p. 18 References/Experience*,p. 18 Summary of Litigation*,p. 19 Acknowledgement of Addenda*,p.19 SCOPE OF WORK, BID FORM, AND PLAN SHEETS Section Page Exhibit A— Scope of Work 20-28 Change Order Form 29-31 Payment Application Form 32-33 Exhibit B—Bid Form* 34-38 Exhibit C—Bid Bond, Performance, and Payment Bond Forms 39-49 Conflict of Interest Disclosure Form* 50 Company Information and Signature Sheet* 51 Exhibit D —Attachments available as a pdf file on Demandstar: 52 1. Figure 1: Bluford Avenue 2. Figure 2: Kissimmee Avenue 3. Figures 3a and 3b: Ocoee Crown Point Parkway 4. Figure 4: Delaware Street/Cumberland Avenue 5. Figure 5: Hammocks Subdivision Roadways Exhibit E—Contract for Construction 53-60 *Submit with Bid End Table of Contents 2 ITB#19-005 Asphalt Paving Projects FY 2019 Invitation to Bid, Legal Advertisement The City of Ocoee, Florida, (the "City") is soliciting sealed bids for the following project: ITB #19-005 ASPHALT PAVING PROJECTS FOR FY 2019. Bids will be received at the office of Shannon Hopper, Purchasing Technician, Finance Department/Purchasing, First Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on April 2, 2019. 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. No pre-bid conference is scheduled at this time. Prospective bidders may secure a copy of the documents required for submitting a bid through DemandStar by accessing the City's website at http://www.ocoee.org under the "Living & Working" section. Partial sets of the documents required for submitting a bid will not be issued. By using DemandStar, prospective bidders will be provided with all addendums and changes to the project requirements. Membership with 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, March 3, 2019. 3 ITB#19-005 Asphalt Paving Projects FY 2019 CITY OF OCOEE INVITATION TO ITB #19-005 ASPHALT PAVING PROJECTS FOR FY 2019 INTENT: Sealed bids for ITB #19-005 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 asphalt paving projects for FY 2019 for sections of Bluford Avenue, Kissimmee Avenue, Ocoee Crown Point Parkway, Delaware Street/S. Cumberland Avenue, and Hammocks Subdivision Area, in the City of Ocoee, as listed under the "Scope of Work/Bid Form" 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: Shannon Hopper, Permitting Technician (407) 905- 3100, extension 1524, or email preferred shopper(a,ocoee.org , and must be received not later than 2:00 P.M. on March 26, 2019. 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 April 2, 2019. 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: Shannon Hopper, 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 4 ITB#19-005 Asphalt Paving Projects FY 2019 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. 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 check, Certified check, Company 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) 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 not been scheduled for this project. 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 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 5 ITB#19-005 Asphalt Paving Projects FY 2019 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 an 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 the 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@OCOEE.ORG, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761 6 ITB#19-005 Asphalt Paving Projects FY 2019 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 intentionally left blank) 7 ITB#19-005 Asphalt Paving Projects FY 2019 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by Bid Security in the form of a Cashier's/Certified Check or company 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 will not be accepted as Bid Security. The Bid Security 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 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 91' 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. 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 8 ITB#19-005 Asphalt Paving Projects FY 2019 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 terminated 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, 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 mistake, omission, error or other irregularity that may appear on the Bid form. However, the City 9 ITB#19-005 Asphalt Paving Projects FY 2019 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 10 ITB#19-005 Asphalt Paving Projects FY 2019 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. 11 ITB#19-005 Asphalt Paving Projects FY 2019 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 sixty (60) days from the Notice to Proceed for substantial completion and ninety (90) days from the Notice to Proceed for final completion. 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. 12 ITB#19-005 Asphalt Paving Projects FY 2019 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. 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: 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 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: 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 13 ITB#19-005 Asphalt Paving Projects FY 2019 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 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: 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. 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. 14 ITB#19-005 Asphalt Paving Projects FY 2019 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) • 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. 15 ITB#19-005 Asphalt Paving Projects FY 2019 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. 16 ITB#19-005 Asphalt Paving Projects FY 2019 ONEDOWYO lACORD. CERTIFICATE OF LIABILITY INSURANCE i c GATE PRODUCDII THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY MO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR • ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. MSURIRS AFFORDING COVERAGE MAIC 0 INSURED - A. Y Hwa'NM A.AT Maur . Contractor.■ Noma MUNI c ea■ NSURN10 INNER E COVERAGES TE POUND OF INSURANCE Lei®MAW HAVE Nni NUN TO RD ENEUNCI NAANABOVE FON TM►OUCY FINO0 POUATEO.N OMI NTMOPN ANY NIUNNIANN T.MN OR CONONIONoF ANY COMPACTOR ODOR 000WmA WRN RIVECT TO WNCN THIS CERTIFICATE MAY N ISDN OR WY PS TML THE INSURANCE AFFORDED SY TIN POUND NICIND)HENN N INJECT TO ALL THE TERM DELUSIONS ANO CONIGNTNORS OF MUCH POEJCNE.AGGREGATE LW!MOWN DONATE M/MU=M FARMLAND. pu7gPNA 1 ORS` TPICPI MPJICE POLICY NUN N E Y p l j` 'pATDpAWpor341" LINTS GOMM EACH OcONIeJCE '11,000,000 X X comical.1.oomIKUASRRY PgBLN ) 1 50,000 CLAM NAOE El OCCUR NEG 35 Nayme NW) 15,000 PERSONAL 4AN INJURY 1 1,000,000 GIaSALAIOaGATE 1 2,000,000 OPMA0OREAF'/ TE INT AINI FM PROOUCTS.Nb11NOP AGO.12,000,000 -IIx Ia f we . AUTNINAOPLP tJAPRJIY ®mum 11,000,000 X ANY AUTO IDN. OM ALL OW' AUTOS SOOEY INJURY L SCHEMED]AUTOS (PrMaan) X MED AUTOS EMILY INURY 1 X NONGTWNED AUTOS per P $ NY Mom GARANE UAEEJTY AUTO ONLY.EA ACCIDENT 1 ^•ANY AUTO 071401 TWA EA ACC 1 AUTO ONLY: A00 $ LUMILT, IE EACH0ccU NCE 11,000,000 x S ocam El awDMADE AGOREOATI 12,000,000 1 NOUCTNLE — 1 WORMS COMINATIONANO wN.s.A,u uiH. X ITO1Y LEETS I 1 iR mFLGYPRa CAVITYLI..EACH ACCIDENT 1500,000 j AG oICIIID®ivimuTml E.L.cames.uuvtuma$500,000 ■Pic reaA W. EL ONEAU.POIUY UNU $500,000 ONO Builders Risk Any 1 Loc 100,000 Any 1 0cc 1,000,000 morrow OF OP ATINIII 11101111MEIN/MINIONS NON IT EAOONINENT I SPOOK PNONIIOI1 The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability & T/abralla Liability. Workers, Compensation, inriloyers• Liability i Oenaral Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate bolder is added as a Il®d 3TSEecl fix.atiams Risk CERTIFICATE HOLDER CANCELLATION OCOEIO1 NOUN ON OFTiNAPOYE DNCRNED POLICIES N CNICmNO WORE TNI EMOTION. NO TENOF.ND WINO INSURER mu INEIWITO ION. 10 NTS MOON NONICE TO THE CITT/ENAT9 HALON NAND TO TN LIFT.PUT FAILURE TO 00 N!MALL City of Ocoee NON NO OBLIGATION OR LANUTY OF ANY TOO UPON THE NUMB,ITS KNITS OR 150 N. Lakeshore Drive RaPRNeRUTRNn OcoeeIL ]4761-2255 AUTHOREAEINPN$onATWI ACORD 2912001N91sig-Ak pt. a. O ACORD CORPORATION 19tE 17 ITB#19-005 Asphalt Paving Projects FY 2019 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 18 ITB#19-005 Asphalt Paving Projects FY 2019 Have you any similar work in progress at this time? Yes_No_ 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 intentionally left blank) 19 ITB#19-005 Asphalt Paving Projects FY 2019 CITY OF OCOEE ITB #19-005 ASPHALT PAVING PROJECTS FOR FY 2019 EXHIBIT A BLUFORD AVENUE MILL AND RESURFACING KISSIMMEE AVENUE MILL AND RESURFACING OCOEE CROWN POINT PARKWAY MILL AND RESURFACING DELAWARE STREET/CUMBERLAND AVENUE MILL AND RESURFACING HAMMOCKS SUBDIVISION AREA MILL AND RESURFACING SCOPE OF WORK The City of Ocoee, Florida (City) is soliciting bids from qualified contractors to mill and resurface using SP-9.5 Asphaltic Concrete. Refer to description of services and technical specifications provided herewith. All work of this contract shall conform to the applicable technical specifications of Florida Department of Transportation (FDOT) "Standard Specifications for Road and Bridge Construction" Latest Edition, and "Roadway and Traffic Design Standards" Latest Edition including any amendments thereto. The CONTRACTOR shall acquire his own copies of the FDOT Standards. All work is to be done in accordance with the drawings prepared by the City of Ocoee, the Measure and Payment section, below, and other bid documents. The total base bid price must include all costs required to complete the work, whether or not the materials and labor are explicitly listed. Quantities shown in the Bid Form are summarized from the plans. Such quantities are provided as an aid to preparing bids and are not binding on City as minimum quantities. Payment will be based on installed and accepted quantities. Work is to be performed during normal business hours of Monday through Friday between 7 am—5 pm. Any work performed outside of these standard work hours must be authorized by the City of Ocoee Public Works Director. The City reserves the right to omit one or more bid items, as may be required to stay within the available project budget, when the work is awarded. If this occurs, the City or Contractor may seek to negotiate price changes for lump sum bid items that relate to the overall quantity of work, such as mobilization or maintenance of traffic. Should the City instead award one or more of the add-alternate bid items, no increases in lump sum unit prices will be permitted, as the add-alternate item bids should be inclusive of all additional effort and costs related to that work. 20 ITB#19-005 Asphalt Paving Projects FY 2019 MEASUREMENT AND PAYMENT 1.01 DESCRIPTION OF WORK This section defines the method which will be used to determine the quantities of work performed or materials supplied and establish the basis upon which payment will be made. Contractor is required to visit sites and field estimate existing and required striping quantity for Lump Sum Bid. 1.02 ESTIMATED QUANTITIES Where quantities are shown they are approximate and are given only as a basis of calculation upon which the award of the Contract is to be made. CITY or ENGINEER do not assume any responsibility that the final quantities, nor shall CONTRACTOR claim misunderstanding because of such estimate of quantities. Final payment will be made only for the satisfactorily completed quantity of each item. 1.03 MEASUREMENT STANDARDS All work completed under the Contract shall be measured according to United States Standard Methods. 1.04 METHOD OF MEASUREMENT Measurement of Length: Unless otherwise specified for the particular items involved, all measurements of distance for items to be paid for on the basis of length shall be taken horizontally or vertically. Measurement of Area: In the measurement of items paid for on the basis of area of finished work, the lengths and/or widths to be used in the calculations shall be the actual dimensions measured along the surface of the completed work within the neat lines shown or designated. At intersections, the measurement used for length of side area will be measured from the outside edge of the width allowed along the main trench. 1.05 PAYMENT Lump Sum Items: Where payment for items is shown to be paid for on a lump sum basis, no separate payment will be made for any item of work required to complete the lump sum item within the limits of work shown or specified. Unit Price Items: Where payment for items is shown to be paid for on a unit price basis, separate payment will be made for the items of work described herein and listed on the Bid Form. Any related work not specifically listed, but required for satisfactory completion of the work, shall be considered to be included in the scope of the appropriate listed work items. 21 ITB#19-005 Asphalt Paving Projects FY 2019 1.06 COSTS INCLUDED IN PAYMENT ITEMS (IF APPLICABLE) No separate payment will be made for the following items and the cost of such work shall be included in the applicable pay items of work. • Clearing and grubbing (including disposal of excess material) • Replacement of unpaved roadways, grass and shrubbery plots • Cleanup • Testing and placing system in operation • Any material and equipment required to be installed and utilized for tests • Pipe, structures, pavement replacement, restoration and/or appurtenances included within the limits of lump sum work, unless otherwise shown. • Maintaining or detouring of the traffic (Temporary Traffic Control) • Appurtenant work as required for a complete and operable system • Surface restoration including removal and replacement of trees (under 4-inch diameter), shrubs, and sod disturbed by construction activities. • Relocation and/or replacement of irrigation systems disturbed by construction • Relocation and/or replacement of mail boxes disturbed by construction • Furnishing adequate sanitary facilities for workers • Adjustment of valve boxes • Erosion control mechanisms • Maintaining Driveway Access for Residences Cleanup: CONTRACTOR's attention is called to the fact that cleanup is considered a part of the work of construction. No payment will be made until cleanup is essentially complete. At the end of each week of construction, the CONTRACTOR shall perform cleaning of the work site, to the satisfaction of the Owner, before proceeding to the next week's scheduled work. Work Outside Authorized Limits: No payment will be made for work constructed outside the authorized limits of work. 1.07 APPLICATIONS FOR PAYMENT Applications for payment shall be prepared by the CONTRACTOR and submitted to the CITY in accordance with the schedule established by the Conditions of the Contract and the Agreement. The applications for payment shall be submitted in the number and form established by the CITY at the Preconstruction Conference. The form shall be completely filled out and executed by an authorized representative of the CONTRACTOR. Supporting data such as schedules of stored materials shall be attached to each copy of the application. 22 ITB#19-005 Asphalt Paving Projects FY 2019 1.08 CHANGE ORDER PROCEDURE A Change Order is a written order to the CONTRACTOR signed by the CITY authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time which is issued after the execution of the Agreement. Refer to Change Order Form attached. The following procedure shall be used in processing Change Orders: For Additions to the Work: The CITY shall issue a written order to the CONTRACTOR directing him to accomplish the additional work. The CONTRACTOR shall review the order and if he feels that the additional work entitles him to additional payment or additional time,he may submit a claim as prescribed in the Conditions of the Contract. For Deletions From the Work: The CITY shall issue a written order to the CONTRACTOR directing him to make the change. If the CITY feels that the Contract price should be reduced as a result of the change, the CITY shall make a claim for the reduction as provided in the Conditions of the Contract. Cost of the changes in the work shall be determined in accordance with the requirements spelled out in the Conditions of the Contract. Modifications to incorporate the changes in cost will be made as the amount of any change is determined. 1.09 BID ITEMS The following numbered paragraphs explain each of the bid items listed on the Bid Form. The paragraphs explain what is included in each item and how it will be paid. 1.00 Mobilization /Demobilization and General Requirements and Restoration Mobilization shall be the preparatory work and operations in mobilizing for beginning work on the project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, and if necessary the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities, as required by the Contract Documents and applicable laws and regulations. The cost of bonds,required insurance, and any other preconstruction expense necessary for the start of work, excluding the cost of construction materials, shall also be included in this item. Permitting is excluded and not the responsibility of the contractor. City of Ocoee shall provide (if necessary) custom signs or message board, only. In addition, payment for Quality Assurance Soil Testing, general Temporary Traffic Control and General Construction Requirements, unless stated under separate bid items, shall be included under this bid item and shall include the CONTRACTOR's overhead costs related specifically to this Contract. The contractor shall also be responsible for miscellaneous concrete and asphalt damage caused by paving equipment or trucks that must be traveled over to access paving areas. This includes valley gutters and concrete drives and sidewalks or brick pavers, asphaltic concrete that may be damaged during construction activities. Demobilization shall be the work of removing temporary facilities from the site. The cost of any fencing, signs, markings, and other items necessary to secure each work site and to notify the public as to the hazards present is explicitly included in this bid item. Insurance and indemnification costs are part of this bid item. 23 ITB#19-005 Asphalt Paving Projects FY 2019 The lump-sum mobilization Bid Price in the Proposal should be limited to a maximum of five percent (5%) of the total Contract Price. Mobilization costs, estimated by the Contractor, that exceed five percent (5%) may be proportioned among and included within other pay item unit prices of the Contract. If the Contractor elects to exceed the five percent (5%) limit on the mobilization Bid Item, the amount exceeding this limit will be paid upon Final Acceptance of the Work. BLUFORD AVENUE RESURFACING 2.01 Milling Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square yard (SY), and shall include full compensation for all labor, material and equipment required to complete the work. Payment includes full compensation for all materials and equipment required to mill a MAXIMUM of 1.5" of existing asphaltic pavement, hauling, and cleaning up of milled material, labor and other incidentals. The measurement for payment under this item shall be the actual number of square yards of specified road satisfactorily milled. For Quality Control, if additional milled material is removed caused by scabbing, the contractor must immediately contact the City for direction. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 327 - Milling of Existing Asphalt Pavement. 2.02 Asphalt Pavement Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square yard (SY) placed and accepted, as shown on the Drawings, and shall be full compensation for all labor, material and equipment required to do the work. Payment shall include quality control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that necessary to achieve the required grade, unless directed by the CITY or CITY's representative. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 334— Superpave Asphalt Concrete. Note: Warm Mix Asphalt is an acceptable option, per the Contractor's request. 2.03 Pavement Markings Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks. City recommends contractor visit site to determine quantity. KISSIMMEE AVENUE RESURFACING 3.01 Milling Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square yard (SY), and shall include full compensation for all labor, material and equipment required to complete the work. Payment includes full compensation for all materials and equipment required to mill a MAXIMUM of 1" of existing asphaltic pavement, as shown on the drawings, hauling, and cleaning up of milled material, labor and other incidentals. The measurement for payment under this item shall be the actual number of square yards of specified road satisfactorily milled. For Quality Control, if additional milled material is removed caused by scabbing, the contractor must immediately contact the City for direction. All materials and workmanship shall 24 ITB#19-005 Asphalt Paving Projects FY 2019 conform to the FDOT Standard Specifications (latest edition) Section 327 - Milling of Existing Asphalt Pavement. 3.02 Asphalt Pavement Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square yard (SY) placed and accepted, as shown on the Drawings, and shall be full compensation for all labor, material and equipment required to do the work. Payment shall include quality control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that necessary to achieve the required grade, unless directed by the CITY or CITY's representative. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 334— Superpave Asphalt Concrete. Note: Warm Mix Asphalt is an acceptable option, per the Contractor's request. 3.03 Pavement Markings Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks. City recommends contractor visit site to determine quantity. OCOEE CROWN POINT PARKWAY RESURFACING 4.01 Milling Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square yard (SY), and shall include full compensation for all labor, material and equipment required to complete the work. Payment includes full compensation for all materials and equipment required to mill a MAXIMUM of 1.5" of existing asphaltic pavement, as shown on the drawings, hauling, and cleaning up of milled material, labor and other incidentals. The measurement for payment under this item shall be the actual number of square yards of specified road satisfactorily milled. For Quality Control, if additional milled material is removed caused by scabbing, the contractor must immediately contact the City for direction. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 327 - Milling of Existing Asphalt Pavement. 4.02 Asphalt Pavement Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square yard (SY) placed and accepted, as shown on the Drawings, and shall be full compensation for all labor, material and equipment required to do the work. Payment shall include quality control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that necessary to achieve the required grade, unless directed by the CITY or CITY's representative. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 334— Superpave Asphalt Concrete. Note: Warm Mix Asphalt is an acceptable option, per the Contractor's request. 25 ITB#19-005 Asphalt Paving Projects FY 2019 4.03 Pavement Markings Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks. City recommends contractor visit site to determine quantity. DELAWARE STREET/CUMBERLAND AVENUE RESURFACING 5.01 Milling Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square yard (SY), and shall include full compensation for all labor, material and equipment required to complete the work. Payment includes full compensation for all materials and equipment required to mill a MAXIMUM of 1" of existing asphaltic pavement, as shown on the drawings, hauling, and cleaning up of milled material, labor and other incidentals. The measurement for payment under this item shall be the actual number of square yards of specified road satisfactorily milled. For Quality Control, if additional milled material is removed caused by scabbing, the contractor must immediately contact the City for direction. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 327 - Milling of Existing Asphalt Pavement. 5.02 Asphalt Pavement Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square yard (SY) placed and accepted, as shown on the Drawings, and shall be full compensation for all labor, material and equipment required to do the work. Payment shall include quality control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that necessary to achieve the required grade, unless directed by the CITY or CITY's representative. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 334— Superpave Asphalt Concrete. Note: Warm Mix Asphalt is an acceptable option, per the Contractor's request. 5.03 Pavement Markings Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks. City recommends contractor visit site to determine quantity. HAMMOCKS SUBDIVISION AREA RESURFACING 6.01 Milling Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square yard (SY), and shall include full compensation for all labor, material and equipment required to complete the work. Payment includes full compensation for all materials and equipment required to mill a MAXIMUM of 1" of existing asphaltic pavement, as shown on the drawings, hauling, and cleaning up of milled material, labor and other incidentals. The measurement for payment under this item shall be the actual number of square yards of specified road satisfactorily milled. For Quality Control, if additional milled material is removed caused by scabbing, the contractor must immediately contact the City for direction. All materials and workmanship shall 26 ITB#19-005 Asphalt Paving Projects FY 2019 conform to the FDOT Standard Specifications (latest edition) Section 327 — Milling of Existing Asphalt Pavement. 6.02 Asphalt Pavement Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square yard (SY) placed and accepted, as shown on the Drawings, and shall be full compensation for all labor, material and equipment required to do the work. Payment shall include quality control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that necessary to achieve the required grade, unless directed by the CITY or CITY's representative. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 334— Superpave Asphalt Concrete. Note: Warm Mix Asphalt is an acceptable option, per the Contractor's request. 6.03 Pavement Markings Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks. City recommends contractor visit site to determine quantity. Contractor Qualifications The prime contractor submitting a bid must hold either a Florida general contractor or underground contractor license or FDOT Certificate of Qualification in the appropriate work class. The party responsible for all work related to improvements that must conform to the requirements of the Florida Building Code, which may be a subcontractor, will be required to hold a State of Florida General Contractor's license. A City of Ocoee building permit will be required for any such improvement. Contractor will be required to secure the building permit, the cost of which will be waived by the City, and to schedule and pass related inspections performed by City staff A state-licensed electrician will be required to secure a building permit for the electrical power requirements of the work, if any. Shop Drawings Where required, the Contractor shall furnish shop drawings to the City in sufficient time to allow a thorough review by City staff while not delaying progress of the work. Shop drawings shall be provided as three complete sets of drawings and specifications. Two sets will be returned to the Contactor; the City will retain one set. All sets returned to the Contactor will be stamped by the City indicating its decision as to the acceptability of the proposed material and manner of incorporation into the work. Any work not provided or installed in accordance with the approved shop drawings and/or the plans and specifications will be rejected by the City and must be replaced with acceptable material and/or workmanship prior to payment. Construction Schedule The construction period is 60 calendar days to substantial completion and 90 calendar days to final completion. Substantial completion is the point where all facilities may be used for the purpose intended with no significant "punch list" items remaining to be resolved. Note that there is no restoration phase of the work. Each bid item includes related restoration work as part of the bid item. Thus, any facility for which restoration has not been completed and accepted by the City cannot be considered to have reached the point of substantial 27 ITB#19-005 Asphalt Paving Projects FY 2019 completion. The construction warranty period begins on the date of substantial completion, which will be recorded using a certificate issued by the City and acknowledged by the Contractor. The Contractor will be required to furnish a confirmed start date and construction phasing schedule to the City at the preconstruction conference so the period of construction can be determined for each part of the work. The City can delay the start date shown on the Notice to Proceed to allow a reasonable time for approval of shop drawings, mobilization, and similar start-up actions. The City may levy liquidated damages in the amount of$250 for each day beyond the final completion date shown on the Notice to Proceed. The number of unfavorable weather days that are not included in the 60-day construction period to Final Completion. The City will evaluate any time extension sought by Contractor in light of these built-in time considerations. Warranty Period The Contractor is to provide a minimum one-year warranty beginning on the date of substantial completion, as recorded on a certificate of substantial completion issued by the City to the Contractor. The City will perform periodic inspections of the work and note any items that require correction. Unless posing a danger to the public, potentially leading to further damage to the affected improvement if not corrected, the City will normally wait to compile a list of all required corrective actions and transmit it to the Contractor near the end of the warranty period. The period allowed for correction of all noted warranty repair issues is generally 30 days, but may be extended in consideration of the need to fabricate or receive necessary materials, arrange for the work to be performed by a subcontractor, and other reasonable causes. The notice of required corrective action will include the period allowed for correction. The City may levy liquidated damages in the amount of$250 for each day beyond the final completion date shown on the notice. Any corrective work provided may be subject to a warranty extension determined by the City, but in no case longer than one year in duration from the date of correction. Payments Contractor will be required to use the attached progress payment form and the final payment will need to be accompanied by a release of lien from all subcontractors and suppliers. END OF SECTION 28 ITB#19-005 Asphalt Paving Projects FY 2019 AJ ocoee florida CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 ITB #19-005 ASPHALT PAVING PROJECTS FY 2019 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 E$0.001 The current CONTRACT PRICE including this CHANGE ORDER [$0 .001 Original CONTRACT COMPLETION DATE: f original contract date] Current CONTRACT COMPLETION DATE adjusted by previous CHANGE ORDERS [current contract datel Net Increase Resulting from this CHANGE ORDER [number] days Current CONTRACT COMPLETION DATE including this CHANGE ORDER [new contract datel 29 ITB#19-005 Asphalt Paving Projects FY 2019 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. 30 ITB#19-005 Asphalt Paving Projects FY 2019 RECOMMENDED BY: ACCEPTED BY: CITY OF OCOEE, FLORIDA [contractor name] By: By: Signature Signature Date: Date: Title: Title: APPROVED BY: CITY OF OCOEE, FLORIDA By: Date: Steve Krug, Public Works 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 31 ITB#19-005 Asphalt Paving Projects FY 2019 APPLICATION AND CERTIFICATE FOR PAYMENT FORM Application No. Progress Payment Final Payment Contractor: Contract Date: Application Date: For Period Ending City Project No.: Account No.: P.O. No.: Project Name: ITB #19-005 Asphalt Paving Projects for FY 2019 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) 32 ITB#19-005 Asphalt Paving Projects FY 2019 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) 33 ITB#19-005 Asphalt Paving Projects FY 2019 "w.z1S • M �2 00.0 " - b efi, L II II w„g., 74 7t W r..4.4,1t 0 c - W t N c W g et:,,, F e.,,s,eie-le k, d O b ,P,',,le*,' _� z � # V o > cwO • r, a, aw ch ca — I--, C7 i ate$' O Q 2 ch H w Ey "$, 'gi, O C� r cd bD bA I�. rer c W *T Q ca En i, O •- bA ,�4 O O C O %, w° 4 .6 E f-4 8.,.z Oa O a * p� - - E� Ca o , , V N x Cl)C/A V] >- ,, < y o c.) fx a W r ' a b N- N- bo A � W E7r, t a A Z ct H W ca E- rA O d + ' c::, O -� N M o O O O O o O o C/) �-- N N N N Aa qt x in M ar„ 4 t. `Q x- I I 71 w �`,�µms o Cl) "h Z -1 w t� ) O U z C i� C U : Ey E* a if) aj ,.. G �* 7 w a a w <' a r- cep o t 'y. a) wOa XI.4 , 1 at an z � ani � � in : O �. a ct 4, = = , on O It , U a., ^" ,-, Q E- til W y � ^ Q' 0, . 0 ;te-' w Rei a ct oa .11; A icy d w w 1411 in O N M o O O O O o cl M M M M V) It tYS' . M e„ v °. 1277 71•47 rte."» e, k II -, lt r , a CC i W .10 N , ;, C 4 O 2 z kr) W O , � w w , 40 » +ct =Mas ; � - i0 � _ O i ata 59.... e.„r {+M Qi H WOa ,.' - 'a A d d c - &a a t �y k(1 v y , Po gp — c:,AV4x N cA Z z x �. o o a C N- N 00...1 te C V t — _ a. Ey !„,..1:14.;,t Q if ' V {,i,...0:4:2: W O -- N M o W O c:)._ O O z1 C 4 d' 7r rn V U N :, 4 M w V) VtR. z H c W t 0 U el 1-1 1 �, CA w a tttAtItt O v �r W cA 0 E* H F z aw o caL 0-4 1-1 a N. z X d .. to E, ,5,-,00-f-740. �r 47, W � bn - c z = � � on •- ' d' Ft a) It It t'. A A. — E- vp ++ z a o r. -- . ` v >, N p4: a �, U a o th w oo, A W :. a F, v2 a .a . H a, ttv. 3 p N c o 0 0 0 0 0 avi ,n vi vi °` Q CZ) a 00 M 4 kA. ^� ii4 r 14y` II 74 Fow ,IL 4J amz w N a r w a0 a H vii" ; p y. v d '` w In bA•C 0 nib 03 el © 73 0 pa S./z "*„ a, W a : o\ cif : • W [� v� C ct r� _ M bA ` = Z +CI3 U � IA 4?J U s - bb it O Q G>i . by y" w m:. WW Y"d6 i" .. a A/ V .- N F++.4I J.1 O A.rcnh a w U LI. o z cu „,, 1-0 N N a. " bL I I bA a 00 DD ct a :. N N - a. W *,'+� Al In gel c) 0 O N (c r?, `O a, H r ►�[ = =1 iia„ax_, is F. EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 20_. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee, Florida a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the ITB #19-005 Asphalt Paving Projects for FY 2019 (Project). NOW THEREFORE 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any damages, costs, or expenses, including attorney's fees, incurred by Owner that are proximately caused by such default. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. ITB #19-005 Asphalt Paving Projects FY 2019 39 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 of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. ITB#19-005 Asphalt Paving Projects FY 2019 40 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. BIDDER: Strike out (X) non-applicable signature blocks and complete applicable block. All signatures must have their names printed or type below their signature. If Bidder is SOLE PROPRIETORSHIP, complete this signature block. (1) (Individual's Signature) (Witness) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) ITB#19-005 Asphalt Paving Projects FY 2019 41 If Bidder is PARTNERSHIP, complete this signature block. (1) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) ITB#19-005 Asphalt Paving Projects FY 2019 42 If Bidder is CORPORATION,complete this signature block. (1) (Corporation Name) (Witness) (2) (State of Incorporation) (Witness) By: (Name of Person Authorized to Sign - See Note 1) (SEAL) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) ITB#19-005 Asphalt Paving Projects FY 2019 43 SURETY Witness: (If agency is not a Corporation) (Surety Business Name) (1) (Witness) (Principal Place of Business) (2) (Witness) By: (Surety Agent's Signature- See Note 2) Attest: (If Agency is a Corporation) (Surety Agent's Name) (Corporate Secretary Signature) (Surety Agent's Title) (Corporate Secretary Name) (Business Name of Local Agent for Surety) (Corporate Seal) (Business Address) (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. ITB#19-005 Asphalt Paving Projects FY 2019 44 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF ) COUNTY OR CITY OF ) Before me, a Notary Public, personally came known to me, and known to be the Attorney-in-Fact of , a Corporation, which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said were affixed by order and authority of said Company's Board of Directors, (Surety Company) and that the execution of the attached bond is the free act and deed of . (Surety Company) Given under my hand and seal this day of , 20 (Notary Public) My Commission Expires . END OF SECTION ITB#19-005 Asphalt Paving Projects FY 2019 45 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 ITB #19- 005 Asphalt Paving Projects for FY 2019 (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by the City of Ocoee, dated March, 2019; and NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. ITB#19-005 Asphalt Paving Projects FY 2019 46 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 ITB#19-005 Asphalt Paving Projects FY 2019 47 EXHIBIT C Statutory Payment Bond Pursuant to Florida Statutes, 255.05, et seq. KNOW ALL MEN BY THESE PRESENTS, THAT (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of , hereinafter called the "Surety"), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20_ to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ITB#19-005 Asphalt Paving Projects FY 2019 48 (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 END OF SECTION ITB#19-005 Asphalt Paving Projects FY 2019 49 40dorf ocoee florida BID CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder's firm or any of its branches, or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify the City in writing. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for the City Commission, Staff, and other key City employees and consultants involved in the award and administration of this contract. According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge,the undersigned firm has no potential conflict of interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest for this Bid. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date ITB#19-005 Asphalt Paving Projects FY 2019 50 ITB#19-005 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID FORM" ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. COMPANY NAME TELEPHONE(INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE(PLEASE PRINT) STREET ADDRESS CITY STATE ZIP FEDERAL 1D# Individual Corporation Partnership Other(Specify) Sworn to and subscribed before me this day of ,20 . Personally Known or Produced Identification Notary Public- State of (Type of Identification) County of Signature of Notary Public Printed,typed or stamped Commissioned name of Notary Public ITB#19-005 Asphalt Paving Projects FY 2019 51 EXHIBIT D Attachments available as a pdf file on Demandstar 1. Figure 1: Bluford Avenue 2. Figure 2: Kissimmee Avenue 3. Figure 3a and 3 b: Ocoee Crown Point Parkway 4. Figure 4: Delaware Street/Cumberland Avenue 5. Figure 5: Hammocks Subdivision Area ITB#19-005 Asphalt Paving Projects FY 2019 52 EXHIBIT E CONTRACT FOR CONSTRUCTION THIS AGREEMENT is dated as of the day of in the year 2019 by and between the City of Ocoee, a Florida municipal corporation, hereinafter called Owner, and Construction Company, a Florida Corporation, 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: CITY OF OCOEE ASPHALT PAVING PROJECTS FOR FY 2019 Scope of Work BLUFORD AVENUE MILL AND RESURFACING KISSIMMEE AVENUE MILL AND RESURFACING OCOEE CROWN POINT PARKWAY MILL AND RESURFACING DELAWARE STREET/CUMBERLAND AVENUE MILL AND RESURFACING HAMMOCKS SUBDIVISION AREA MILL AND RESURFACING ARTICLE 2. ARCHITECT AND ENGINEER The Project has been designed by the City of Ocoee; however, the City's Engineer or his designee is to act as Owner's representative, assume all duties and responsibilities of the project engineer, and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the work. ARTICLE 3. CONTRACT TIME 3.1 The work shall be substantially complete (all work complete except for the placement of permanent pavement markings on all final asphaltic concrete surfaces) within sixty (60) ITB#19-005 Asphalt Paving Projects FY 2019 53 calendar days. The entire work shall be complete and ready for its intended use, including final dressing and cleanup, within ninety (90) calendar days. All time periods begin from the effective date of the Notice to Proceed. 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 Two Hundred Dollars ($200.00) for each day that expires beyond the date specified in paragraph 3.2 above for substantial completion Two Hundred Fifty Dollars ($250.00) for each day that expires beyond the date specified in paragraph 3.2 above for 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, , 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 ITB#19-005 Asphalt Paving Projects FY 2019 54 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 6% simple interest per annum. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: ITB#19-005 Asphalt Paving Projects FY 2019 55 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 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. ITB#19-005 Asphalt Paving Projects FY 2019 56 ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between Owner and Contractor concerning the work, are attached to this Agreement, made a part hereof, and consist of the following: 8.1 This Scope of work Agreement. 8.2 Exhibits to this Scope of work Agreement (if any). 8.3 Performance Bond, Payment Bond and Certificates of Insurance. 8.4 Notice of Award and Notice to Proceed. 8.5 Bid Documents bearing the general title "ITB #19-005 Asphalt Paving Projects FY 2019", dated , 2019. 8.6 Drawings consisting of a cover sheet and the sheets bearing the following general title: City of Ocoee, FL Public Works Paving Projects: Bluford Avenue, Figure 1; Kissimmee Avenue, Figure 2; Ocoee Crown Point Parkway, Figure 3a and 3b; Delaware Street / Cumberland Avenue, Figure 4; Hammocks Subdivision, Figure 5. 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 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 ITB#19-005 Asphalt Paving Projects FY 2019 57 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 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. ITB#19-005 Asphalt Paving Projects FY 2019 58 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 CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ocoee.org, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. (Remainder of page intentionally left blank) ITB#19-005 Asphalt Paving Projects FY 2019 59 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 2019, under Agenda Item this day of , 2019 SHUFFIELD, LOWMAN & WILSON, P.A. BY: Scott A. Cookson, City Attorney END OF SECTION ITB#19-005 Asphalt Paving Projects FY 2019 60 oxo � o -1 �7 m -1 ti x y C i -r.Z g. _-91...83 , e -' 0 / Cn`� / n�z � m m (1), y z 0 o Z : CO 4e_ ym � r 0 ),�tn0 0 10 �n � p m \rnimpre/f.' e I • 9 - S. ' } r> V - J M e I j , 0, : , ' ... ' :7'.11.4.k..11,11/4\ t i J 6:. * 000410"' J /) 's 1 *' "/; ♦ t' ` t . i.:01\ ' f ` \ C r— 'CD Cy' CII TI go Jfrl0 (n r )). > ..._,. , ?..- i ....., ip< < -r1 K '\ I II m /F D co 1 Z I o N^ co LL--4• W. eco 01 o 1 'V w"� . wM1r r�I�L. Is, . .. - 0->4..."1-‘"111" . 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[UVl � U % CQ ` i N 2 h M h p'n I,l s J>- ^I `/_ c5 N N a N~ a 1`V N• qd �Uu N`� N Nh NN P y pQO3{� Jp oJi (n 2 ar <F4:1 bt�c� U io8 "a M8y,n Z3vc/L______\7.9- - ,,,/ ti `'' yW� xG�g m <41<<m 0W U o Lu " K Z 2,�. 4 4 + 1•'1 J N W b Y.4 T l a, 1 i !. 8 Jr n J J J J- 4 J J J J J-,J J J lu O T x 4 ES Halling s it M 6 Mayor Commissioners Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 City Manager 404 Richard Firstner, District 3 Robert Frank � George Oliver III, District 4 ocoee florida March 26,2019 ADDENDUM NO: ONE (1) CITY OF OCOEE ITB#19-005 ASPHALT PAVING PROJECTS FOR FY 2019 This addendum shall modify and become a part of the original bid documents for the Asphalt Paving Projects for FY 2019. This addendum consists of two(2)pages. Bidders shall acknowledge receipt of this Addendum in the space provided on page 19 of the bid documents. Failure to do so may subject the bidder to disqualification. The bid date remains the same. Answers to questions received and/or amendments to the bid documents are as follows: Q1. Does the city have modified maximum RAP content in the SP 9.5 or does the city follow the FDOT Standard Specifications and just require an FDOT certified mix design? A 1. The City follows the FDOT Standard Specifications and requires FDOT certified mix designs. Q2. Does the City anticipate any valve or manhole adjustments? If so, please provide locations. A2. The City does not anticipate any valve or manhole adjustments. The previous milling and resurfacing projects did not have any issues with valve or manhole locations, so the City does not anticipate an issue. Q3. In Section 1.09 BID ITEMS for the pavement markings it states, "Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks." Please clarify if Contractor is only to replace existing pavement markings or if additional pavement markings are required beyond what is currently present. A3. The Contractor is required to perform a field visit to verify the existing pavement markings to be replaced. The Lump Sum is only based on the existing striping to be replaced. If additional pavement markings are required the City will contract separately. Q4. Per U.S. DOT Crossing Inventory Form from Federal Railroad Administration, the railroad crossing type on Kissimmee Ave. is "asphalt", please confirm that the Contractor will mill and surface the existing asphalt and that timber, or any other reconstruction will not be required. A4. In communicating with Florida Central Railroad, the Contractor is allowed to perform paving operations as close to the rails as possible without covering them. Q5. The Contractor will be required to procure Railroad Protective Liability coverage due to work within railroad right-of-way on Kissimmee Ave. This insurance is not noted in the Bid Documents. Please advise what pay item(s) this cost is applicable? A5. Based on communications with FCR, General Liability is not required to work in that zone. No active clients are along that zone. If the Contractor is required to secure Railroad Protection Liability insurance then the Contractor may include the cost under Item 1.00 for General Requirements. Q6. The City has not provided any special provisions regarding the "railroad expense fee" charged by the Railroad. Typically, the Railroad will only communicate with the City and the Awarded Contractor. As a Bidder we are referred to Owner for this information. Please advise who is responsible for the railroad expense fee? If Contractor is responsible, please provide the cost or an allowance item. A6. The City has communicated with FCR, no railroad expense fee is required. Again, the zone has no active clients. The Contractor is not responsible for this fee. Shaun Hopper, Purchasing Technician cc: Steve Krug,Public Works Director Richard Campanale,P.E.,Public Works Operations Manager Addendum#1 ITB#19-005 Asphalt Paving Projects for FY 2019 Page 2 Mayor Commissioners Rusty Johnson John Grogan, District 1- City District 2 City Manager \ / Richard Firstner, District Robert Frank George Oliver III, District 4 ocoee florida March 27, 2019 ADDENDUM NO. TWO(2) CITY OF OCOEE ITB#19-005 ASPHALT PAVING PROJECTS FOR FY 2019 This addendum shall modify and become a part of the original bid documents for the Asphalt Paving Projects for FY 2019. This addendum consists of one (1) page. Bidders shall acknowledge receipt of this Addendum in the space provided on page 19 of the bid documents. Failure to do so may subject the bidder to disqualification. The bid date remains the same. Answers to Questions received and/or amendments to the bid documents are as follows: Q1. Is the traffic loops at Ocoee Crown Parkway to be replaced by the bidder/contractor? If so, will an item be added to the bid form? Al. The traffic signal loops are to be replaced by the Contractor. Please submit revised Bid Form. Q2. Milling on Ocoee Crown Point Parkway at Ocoee-Apopka Road may cut traffic loops. If the contractor is to replace the loop at that intersection, what pay item should be used on the bid form? Also, is a new loop to be installed prior to final paving or cut into the final asphalt lift? A2 The traffic signal loops are to be replaced by the Contractor. Please submit revised Bid Fo m. Sh. • Ho 1,per, Purchasing Technician cc: Steve Krug,Public Works Director Richard Campanale,P.E.,Public Works Operations Manager Mayor Commissioners Rusty Johnson Larry Brinson, Sr, District 1 Rosemary Wilsen, District 2 City Manager / Richard Firstner, District 3 Robert Frank George Oliver III, District 4 ocoee florida April 1, 2019 ADDENDUM NO. THREE (3) CITY OF OCOEE ITB#19-005 ASPHALT PAVING PROJECTS FOR FY 2019 This addendum shall modify and become a part of the original bid documents for the Asphalt Paving Projects for FY 2019. This addendum consists of one(1)page. Bidders shall acknowledge receipt of this Addendum in the space provided on page 19 of the bid documents. Failure to do so may subject the bidder to disqualification. The bid date has been extended to 2:00 p.m. on April 9,2019. Amendments to the Bid documents are as follows: THE BID OPENING DATE HAS BEEN EXTENDED TO 2:00 P.M., LOCAL TIME, ON TUESDAY, APRIL 9,2019. S anno .o..e , Purchasing Technician cc: Steve Krug,Public Works Director Richard Campanale,P.E.,Public Works Operations Manager Mayor Commissioners Rusty Johnson Larry Brinson, Sr, District 1 Rosemary Wilsen, District 2 City Manager \ / Richard Firstner, District 3 Robert Frank George Oliver III, District 4 ocoee florida April 2, 2019 ADDENDUM NO.FOUR(4) CITY OF OCOEE ITB#19-005 ASPHALT PAVING PROJECTS FOR FY 2019 This addendum shall modify and become a part of the original bid documents for the Asphalt Paving Projects for FY 2019. This addendum consists of nine(9)pages. Bidders shall acknowledge receipt of this Addendum in the space provided on page 19 of the bid documents. Failure to do so may subject the bidder to disqualification. The bid date has been extended to 2:00 p.m. on April 9,2019. **Important Note: REVISED BID FORM ATTACHED** Revised Bid Form Bidders must use the attached revised Bid Form; your bid will be disqualified for failure to use the revised Bid Form.The revision was to include the Traffic Signal Loops at Ocoee Crown Point Pkwy. The Bid Form was revised and posted to DemandStar on March 27,2019, and is attached to this Addendum No. Four(4). Answers to questions received and/or amendments to the bid documents are as follows: Q1. Will temporary signal detection be required, or can the signal utilize recall mode during the milling and resurfacing duration(approximately 1 week)? Al. City will accept the signal to be set to recall mode for the duration of the milling and resurfacing at Ocoee Crown Point Pkwy. Q2. Are the new loops to be installed prior to final paving or cut into final surface? A2. The City typically requires the loops be cut into final surface. Q3. If installed prior to final surface, can the entire roadway be milled prior to loop installation? A3. Not applicable, loops to be cut into final surface. Q4. Is FDOT Specification 611 in effect? Specifically, Section 611-2.3, which requires surveyed as- built documentation (signed and sealed). A4. The As-Built documentation for acceptance is not required, City consultant-Control Specialists will inspect loop installation. Q5. Please confirm that for the basis of the added Lump Sum item, Traffic Signal Loops (Item 4.04), the Contractor is to assume 4 Type F Loops? Typically loop items are unit price (EA). There could be loops, pre-loops, and home runs that are not visible, and we won't know what needs restoring until the roadway is completely milled. A5. Refer to attached As-Built Drawing of signalization at the Ocoee Crown Point Pkwy and Ocoee-Apopka Road intersection for Loop System. It appears only 4 Type F Loops are to be replaced in the scope of work. 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K N'l O M— Q 4 N N b b p(m m oµm Vp vl M!� V-I p 0 § I 1 l' 1 I 1 1 1 1 Z O waving 0. .11 No V J J J J J J J J J J J J O O I 41 r EXHIBIT D Attachments available as a pdf file on Demandstar 1. Figure 1: Bluford Avenue 2. Figure 2: Kissimmee Avenue 3. Figure 3a and 3 b: Ocoee Crown Point Parkway 4. Figure 4: Delaware Street/Cumberland Avenue 5. Figure 5: Hammocks Subdivision Area 6. Sheet No. T-5, Ocoee Apopka Road (CR 437) & Ocoee Crown Point Parkway Signalization Plan ITB#19-005 Asphalt Paving Projects FY 2019 52