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Item 03 Approval to Award ITB #23-003 Asphalt Paving Projects for FY 2023 to Hubbard City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: March 7, 2023 Item #: 3 Contact Name: Joyce Tolbert Department Director: Rebecca Roberts Contact Number: Ext. 1516 City Manager: Robert Frank Subject: Approval to Award ITB #23-003 Asphalt Paving Projects for FY 2023 to Hubbard Construction Company. (Procurement Manager Tolbert) 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 2023, for the milling and resurfacing of Flewelling Avenue, Adair Street, Old Winter Garden Road, and the Reserve Subdivision Roads in the City of Ocoee. The bid was publicly advertised on January 15, 2023, and opened on February 7, 2023. There were a total of two (2) bids received ranging from $2,350,431.50 to $2,548,487.50, which were well over the budgeted amount of $1,557,848.00. The City reduced the project scope and quantities, and the low bidder, Hubbard Construction Company, adjusted its lump sum bid item prices based on the reduction in scope; the unit price bid item prices remained the same for the reduction in quantities. Hubbard's adjusted total bid is $1,336,916.80. The Public Works and Finance Departments reviewed all bids received and all were considered responsive. All bids are attached for review. Staff recommends awarding the bid to Hubbard Construction Company as the most responsive and responsible bidder for Hubbard's adjusted total bid amount, per the attached recommendation from Steve Krug, P.E., Public Works Director. The table below is a listing of the bids received. Bidder Total Bid Low Bidder Adjusted Total Bid based on Reduction in Project Scope/Quantities 1. Hubbard Construction Company $2,350,431.50 $1,336,916.80 2. Middlesex Paving, LLC. $2,548,487.50 Page 70 of 392 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Issue: Should the City Commission award the bid for Asphalt Paving Projects for FY 2023 to Hubbard Construction Company, as recommended by the Public Works Director? Recommendations: Staff recommends the Honorable Mayor and City Commissioners award ITB #23-003 Asphalt Paving Projects for FY 2023 to Hubbard Construction Company for the amount of $1,336,916.80 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 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. Contract Award Recommendation FY2023 2. Hubbard Revised Bid Tabulation & Schedule of Values 3. Notice of Revised Quantities - Hubbard Combined 4. Hubbard Bid combined w subcontractor list 5. Middlesex Asphalt Paving Projects FY 2023 MPLLC 6. ITB23003_Asphalt Paving Projects FY 2023 7. Asphalt Paving Projects FY 2023 Bid Tab Financial Impacts: There is $1,557,848.00 available in the Public Works Streets department paving improvements budget for this project. Type of Item: Consent Page 71 of 392 Page 72 of 392 Page 73 of 392 Page 74 of 392 Page 75 of 392 Mayor Commissioners Rusty Johnson Larry Brinson, Sr. District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District3 Robert Frank George Oliver, III, District 4 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 phone: (407) 905-3100 ▪ www.ocoee.org _____________ February 16, 2023 Via Email to asphalt@hubbard.com and darlene.coulibaly@hubbard.com P. Frederick O'Dea, Jr.,VP/SEC/TRES Darlène Coulibaly, Estimator Hubbard Construction Company 1936 Lee Road, Suite 300 Winter Park, FL 32789 NOTICE OF REDUCTION IN BID QUANTITIES FOR ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023 Dear Mr. O'Dea: Notice is hereby given that Hubbard Construction Company is the apparent lowest responsible and responsive bidder for ITB #23-003 Asphalt Paving Projects for FY 2023, and the City of Ocoee intends to reduce certain quantities listed on the Bid Form for Flewelling Avenue and Old Winter Garden Road, and add a portion of Russell Drive, in order to adhere to the City's budgeted funding for these projects. REDUCED SCOPE (see the attached resurfacing revisions plan sheets). Flewelling Ave. and Russell Drive: Revised Quantity 8,020 milling and resurfacing. Old Winter Garden Road (Blackwood to Bluford): Revised Quantity 18,178 milling and resurfacing. The traffic signal loops listed on Addendum No. 1 has been revised to only include the following quantity and locations: Old Winter Garden and Bluford = 4 B-type loops for Westbound on Old Winter Garden, 1 f-type loop for westbound turn lane, 3 F-type loops Southbound on Bluford Old Winter Garden and Blackwood = 4 B-type loops for Eastbound on Old Winter Garden, 1 f-type loop for eastbound turn lane Totals: 8 B-Type loops, 5 f-type loops Page 76 of 392 In accordance with the terms of the Invitation to Bid, the City reserves the right to request clarification of information submitted in any bid, and may accept any item or group of items of any bid, unless the Bidder qualifies its bid specific limitations. The City requires that Hubbard provide the following information to continue to be considered for award of this contract: (a) Confirmation signed on Hubbard letterhead, indicating Hubbard Construction is willing to honor its original bid pricing for the revised quantities and locations; and (b) Provide a Schedule of Values for the Lump Sum prices for Flewelling Ave. and Russell Dr, and Old Winter Garden Road (Blackwood Ave. to Bluford Ave.); specifically, SY for the temporary striping and thermoplastic final striping and each traffic signal loop, as the lump sum prices should be adjusted based on the reduction in scope and quantities. (c) Complete and sign the attached Hubbard's Revised Bid Tabulation listing the revised quantities in MS Excel for your convenience. Note the Officer that signed the original bid must sign this revised bid tabulation. If these submittals are accepted and approved by the City, the City will then issue a Notice of Award with the construction contract for your signature. If the submittals are unacceptable, or Hubbard Construction does not agree to honor its bid pricing for the revised quantities and locations, then your bid will be rejected and the work may be awarded to the next lowest responsive and responsible bidder. Return your submittal documents to my attention by Wednesday, February 22, 2023. The City looks forward to working with Hubbard Construction Company for the paving of City streets in 2023. Sincerely, Joyce Tolbert Joyce Tolbert, NIGP-CPP, CPPB Procurement Manager Attachments: Revised Bid Tabulation listing the revised quantities in MS Excel Resurfacing Revisions Plan Sheets C2, C3, C8, C9 cc: Steve Krug, P.E, Public Works Director Milen Womack, P.E., City Engineer Page 77 of 392 Page 78 of 392 Page 79 of 392 Page 80 of 392 Page 81 of 392 Page 82 of 392 Page 83 of 392 Page 84 of 392 Page 85 of 392 Page 86 of 392 Page 87 of 392 Page 88 of 392 Page 89 of 392 Page 90 of 392 Page 91 of 392 Page 92 of 392 Page 93 of 392 Page 94 of 392 Page 95 of 392 Page 96 of 392 Page 97 of 392 Page 98 of 392 Page 99 of 392 Page 100 of 392 Page 101 of 392 Page 102 of 392 Page 103 of 392 Page 104 of 392 Page 105 of 392 Page 106 of 392 Page 107 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 202337EXHIBIT BBID FORM (Page 1 of 4)ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023BID SUBMITTED BY ____________________________________________FL CONTRACTOR LICENSE #________________________Item NumberQuantityUnitItem DescriptionUnit PriceExtensionFLEWELLING AVENUEMILL AND RESURFACING 1.00Milling / Resurfacing / Pavement Markings1.011LSMobilization / Demobilization and General Construction Requirements and Restoration 1.0211,066SY1.5” Milling (Max.)1.0311,066SY1.5” Resurface Type SP-12.5 Asphalt Pavingincluding Tack1.041LSTemporary Striping and Thermoplastic Final StripingSub-Total =Middlesex Paving, LLC CGC1525524$ 5,000.00$4.50$15.00$ 2,500.00$ 223,287.00$ 5,000.00$ 49,797.00$ 165,990.00$ 2,500.00Page 108 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 202338EXHIBIT BBID FORM (Page 2 of 4)ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023BID SUBMITTED BY ____________________________________________FL CONTRACTOR LICENSE #________________________Item NumberQuantityUnitItem DescriptionUnit PriceExtensionADAIR STREET MILL AND RESURFACING 2.00Milling / Resurfacing / Pavement Markings2.011LSMobilization / Demobilization and General Construction Requirements and Restoration 2.0212,166SY1.5” Milling (Max.)2.0312,166SY1.5” Resurface Type SP-12.5 Asphalt Pavingincluding Tack2.0425TONSOverbuild at Nicole Blvd. (SP-12.5)2.051LSTemporary Striping and Thermoplastic Final StripingSub-Total =Middlesex Paving, LLC. CGC1525524$ 5,000.00$4.50$ 15.00$ 200.00$ 25,000.00$ 272,237.00$ 5,000.00$ 54,747.00$ 182,490.00$ 5,000.00$ 25,000.00Page 109 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 202339EXHIBIT BBID FORM (Page 3 of 4)ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023BID SUBMITTED BY ____________________________________________FL CONTRACTOR LICENSE #________________________Item NumberQuantityUnitItem DescriptionUnit PriceExtensionOLD WINTER GARDEN ROADMILL AND RESURFACING 3.00Milling / Resurfacing / Pavement Markings3.011LSMobilization / Demobilization and General Construction Requirements and Restoration3.0255,653SY1.5” Milling (Max.)3.0355,653SY1.5” Resurface Type FC-12.5 Asphalt Pavingincluding Tack3.041LSTemporary Striping and Thermoplastic Final Striping3.051LSTraffic Signal LoopsSub-Total =Middlesex Paving, LLC. CGC1525524$ 50,000.00$4.50$20.00$ 124,000.00$ 98,500.00$ 1,635,998.50$ 50,000.00$ 250,438.50$ 1,113,060.00$ 124,000.00$ 98,500.00Page 110 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 202340EXHIBIT BBID FORM (Page 4 of 4)ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023BID SUBMITTED BY ____________________________________________FL CONTRACTOR LICENSE #________________________Item NumberQuantityUnitItem DescriptionUnit PriceExtensionTHE RESERVE SUBDIVISION MILL AND RESURFACING4.00Milling / Resurfacing / Pavement Markings/Signal Loops4.011LSMobilization / Demobilization and General Construction Requirements and Restoration4.0223,645SY1.25” Milling (Max.)4.0323,645SY1.25” Resurface Type SP-9.5 Asphalt Pavingincluding Tack4.041LSTemporary Striping and Thermoplastic Final StripingSub-Total =TOTAL BASE BID =Middlesex Paving, LLC. CGC1525524$ 10,000.00$4.50$12.50$ 5,000.00$ 416,965.00Two Million Five Hundred Forty-Eight Thousand Four Hundred Eighty Seven Dollars and Fifty Cents$ 10,000.00$ 106,402.50$ 295,562.50$ 5,000.00$ 2,548,487.50Page 111 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 19 21.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. 22. 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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 23.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 ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Mill-It Corporation/ 9630 Discovery Court, Altamonte Springs, FL 32714/ 59-2326966/ Brian Bortell/3 21-231-5058/ Asphalt Milling Tru-Mark, Inc./31719 Long Acres Drive, Sorrento, FL 32776/20-1385712/ Norman Gaines/ 352-735-8394/ Pavement Markings Sweep-It, LLC./ 5300 Vista Club Run, Sanford, FL 32824/ 46-4551874/ Lupe Aranda/ 407-915-5123/ Clean-up Services American Pride Construction Services, Inc./ 8601 5th Street, Orlando, FL 32836/ 02-0605255/ Faisal Waseem/ 863-557-1984/ Signal Loop Installation Attached is a complete list of Middlesex Paving, LLC. owned equipment to support milling and asphalt paving work. 05/23/2019 Asphalt Paving Projects FY19 / $463,994 / City of Ocoee, 150 N. Lakeshore Dr., Ocoee, FL 34761 / 321-281-7025 / rcampanale@ocoee.org / Richard Campanale 02/10/2020 Asphalt Paving 2020 / $1,977,948 / City of Winter Garden, 300 West Plant St, Winter Garden, FL 34787 / 407-656-4111 ext. 263 / jwilliams@cwgdn.com / Jon Williams 08/11/2020 Asphalt Paving Projects FY20 / $903,548 / City of Ocoee, 150 N. Lakeshore Dr., Ocoee, FL 34761 / 321-281-7025 / rcampanale@ocoee.org / Richard Campanale 01/04/2021 Asphalt Resurfacing / $1,974,438.10 / City of Oviedo, 400 Alexandra Blvd, Oviedo, FL 32765 / 407-971-5651 / astewart@cityofoviedo.net /Alexis Stewart 11/02/2021 Asphalt Paving Projects FY 2021/ $1,505,201/City of Ocoee, 301 Maguire Rd, Ocoee, FL 34761/ 321-281-7025/ Rcampanale@ocee.org/ Richard Campanale 12/17/2021 2022 Street Resurfacing/ $1,924,141/ City of Winter Garden, 300 West Plant Street, Winter Garden, FL 34787/ 407-656-4111 ext. 263/ jwilliams@cwgdn.com/ Jon Williams 6/29/2022 WDW Resort Property Wide FY 22 Q4 Paving/ $3,370,000/ Walt Disney World Resort, PO Box 10000, Lake Buena Vista, FL 32830/ 407-404-1933/ michael.a.lisi@disney.com/ Michael Lisi Page 112 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 20 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) 24.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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 25.ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ (remainder of page left blank intentionally) X 9 yrs under MPLLC Bank of America One Federal Street Boston, MA 02110 Contact: Thomas Brennan, Senior Vice President (617) 434-4512 N/A 1 February 2, 2023 Page 113 of 392 Page 114 of 392 Page 115 of 392 Page 116 of 392 Page 117 of 392 Page 118 of 392 Page 119 of 392 Page 120 of 392 Page 121 of 392 Page 122 of 392 Page 123 of 392 Page 124 of 392 Page 125 of 392 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 Member 10801 Cosmonaut Boulevard, Orlando, FL 32824 Robert W. Pereira II President & Chief Operating Officer & Managing Member One Spectacle Pond Road, Littleton, MA 01460 David Socci Senior Vice President Preconstruction & Assistant Secretary & Manager One Spectacle Pond Road, Littleton, MA 01460 Peter J. Martinkus Senior Vice President Finance, CFO & Secretary & Manager One Spectacle Pond Road, Littleton, MA 01460 Michael J. Iapaluccio Vice President Paving 10801 Cosmonaut Boulevard, Orlando, FL 32824 Attachment A Page 126 of 392 Page 127 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 53 EXHIBIT E ITB #23-003 DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program (Florida Statutes Section 287.087). In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Page 128 of 392 Page 129 of 392 Page 130 of 392 Middlesex Paving, LLC. Prequalification Certificates, Licenses and Affirmative Action Plan Page 131 of 392 Florida Department of Transportation RON DESANTIS GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 JARED W. PERDUE, P.E. SECRETARY Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov June 9, 2022 MIDDLESEX PAVING, LLC 10801 COSMONAUT BOULEVARD ORLANDO, FLORIDA 32824 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: FLEXIBLE PAVING, HOT PLANT-MIXED BITUM. COURSES, Driveways, Milling. Unless notified otherwise, this Certificate of Qualification will expire 6/30/2023. In accordance with Section 337.14(4), Florida Statutes, changes to Ability Factor or Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable). In accordance with Section 337.14(1), Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant’s audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwp1.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. The company 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 the 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 the company has performed such work. 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, Alan Autry, Manager Contracts Administration Office AA:cg Sincerely, Page 132 of 392 ;Ѵ-mb;"ĺub==bmķ";1u;|-u‹!om ;"-m|bvķoˆ;umou"$$   !  !$ $ &" "" ! ""! &$"$!&$ &"$!+ "! $   !$!$! ! " !$  & !$ !("" $ !ƓѶƖķ ! "$$&$ " ! !ķ! !$) omo|-Ѵ|;u|_bv7o1†l;m|bm-m‹=oulĺ  " *(ķ " & !ĹƐƔƑƔƔƑƓ *!$ $ Ĺ&&"$ƒƐķƑƏƑƓ$_bvbv‹o†uѴb1;mv;ĺ|bv†mѴ-‰=†Ѵ=ou-m‹om;o|_;u|_-m|_;Ѵb1;mv;;|o†v;|_bv7o1†l;m|ĺ $ƐƏѶƏƐ"&$( !  ƒƑѶƑƓѴ‰-‹vˆ;ub=‹Ѵb1;mv;vomѴbm;-|‹ Ѵoub7-b1;mv;ĺ1olPage 133 of 392 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of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age 134 of 392 4/1/2022 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: 4/1/2025 This plan is one of the requirements to bid on contracts for the Florida Department of Transportation. This is not approval for Unified Certification Program Disadvantaged Business Enterprise (UCP/DBE) Certification. For additional information in becoming a DBE, contact the Certification Section at (850)414-4747. Florida Department of Transportation RON DESANTIS GOVERNOR KEVIN J. THIBAULT, P.E. SECRETARY605 Suwanee Street Tallahassee, FL 32399-0450 Page 135 of 392 Page 136 of 392 Page 137 of 392 Drug-Free Solutions Group, LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary 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. Page 138 of 392 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. Page 139 of 392 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. Page 140 of 392 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: x 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. x 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. x 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. Page 141 of 392 Drug-Free Solutions Group, LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary x 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. x 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. x 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. x 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; x Refusing to sign the Drug-Free Workplace Policy Acknowledgment and Consent Form or the Rehabilitation Agreement when required is a violation of the policy; x 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. x 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: Page 142 of 392 Drug-Free Solutions Group, LLC The Middlesex Corporation September 2018 Drug-Free Workplace Policy Summary x Do not permit any Team Member to be under the influence of alcohol, which is a BrAC of .04 or higher; x Do not permit consumption of alcohol at any time by underage persons; x 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. x 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. x Consumption of alcohol is permitted while conducting business-related entertainment with non- company personnel, including sales functions or while traveling on business. x 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. x 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. x 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. Page 143 of 392 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. x 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 . x 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: x During the pre-employment period; x Where there is reasonable suspicion of prohibited drug or alcohol use; x After an accident; x On a return after lay-off of 30 days or more; x On a random basis; x When required by a client or the government; and x 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. Page 144 of 392 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: x A positive pre-employment drug test will result in a no hire determination. x 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. x 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. x 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. Page 145 of 392 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. Page 146 of 392 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. Page 147 of 392 CITY OF OCOEE INVITATION TO BID (ITB) #23-003 ASPHALT PAVING PROJECTS FOR FY 2023 Page 148 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 2 TABLE OF CONTENTS FOR BID #ITB 23-003 ASPHALT PAVING PROJECTS FOR FY 2023 BID DOCUMENTS Section Page Legal Advertisement 3 Bid Instructions 4 - 8 General Terms & Conditions 9 - 20 List of Subcontractors*, p. 19 Equipment Listing*, p. 19 References/Experience*, p. 19 Summary of Litigation*, p. 20 Acknowledgement of Addenda*, p.20 SCOPE OF WORK, BID FORM, AND PLAN SHEETS Section Page Exhibit A – Scope of Work 21-31 Change Order Form 32-34 Payment Application Form 35-36 Exhibit B – Bid Form* 37-40 Exhibit C – Bid Bond*, Performance, and Payment Bond Forms 41-51 Exhibit D - Conflict of Interest Disclosure Form* 52 Exhibit E - Drug Free Workplace Form* 53-54 Exhibit F - Company Information and Signature Sheet* 55 Exhibit G – Plan sheets C1 - C12 56 *Submit with Bid End Table of Contents Page 149 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 3 Invitation to Bid, Legal Advertisement The City of Ocoee, Florida (the “City”) is soliciting sealed Bids for the following project: ITB #23-003 Asphalt Paving Projects for FY 2023. Bid packages will only be accepted electronically through Bonfire, a free e- Procurement platform, until 2:00 pm, local time, on February 7, 2023. Bids received after that time or through any other method will not be accepted under any circumstances. Bids that have been timely received will be publicly opened virtually online and the names of the responding firms read aloud at that time; meeting instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. All questions regarding this ITB shall be in writing to Joyce Tolbert, NIGP-CPP, CPPB, Procurement Manager, Finance Department/Purchasing jtolbert@ocoee.org. Prospective Bidders may secure a copy of the documents required for submitting a bid at no charge through Bonfire by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/323/Purchasing. Prospective Bidders will be provided with all information regarding this ITB, addenda, and changes to the project requirements through the Bonfire e-Procurement Platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, January 15, 2023. Page 150 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 4 CITY OF OCOEE INVITATION TO BID #ITB 23-003 ASPHALT PAVING PROJECTS FOR FY 2023 INTENT: Sealed bids for Bid# ITB 23-003 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”, "Respondent", "Contractor", or "Offeror". The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for FY 2023 for sections of Flewelling Avenue, Adair Street, Old Winter Garden Road, and the Reserve Subdivision Roads, in the City of Ocoee, as listed under the “Scope of Work/Bid Form” sections 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. The City will receive questions regarding this ITB through the Bonfire Platform or through written inquiries directed to Joyce Tolbert, NIGP-CPP, CPPB, Procurement Manager at jtolbert@ocoee.org. Deadline for receipt of written inquiries will be January 31, 2023 at 2:00 p.m., local time. Any clarifications/changes will be made by way of written addenda only, issued by the Finance Department/Purchasing. Bidders should not contact City staff, with the exception of the Procurement Manager, or other City consultants for information regarding this ITB before the Bid award date. Any contact with any other member of City Staff, City Commission, or its agents during the solicitation, award, and protest period may be grounds for disqualification. C. Prospective Bidders may secure a free copy of the documents required for submitting a Bid through the Bonfire platform by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. Please visit https://www.ocoee.org/323/Purchasing for more information. Prospective Bidders will be provided with all information regarding this ITB, addenda, and changes to the project requirements through the Bonfire platform; there is no charge to use the Bonfire platform. Partial sets of the documents required for submitting a Bid will not be issued. The City is ONLY accepting electronic solicitation responses online through the City’s Bonfire platform at https://ocoee.bonfirehub.com. This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu. All Bid submissions for this ITB MUST be submitted through the Bonfire Platform. Bid submissions received in any other format will not be accepted; no paper, fax, or e-mailed submissions will be accepted. There is no charge for bidders Page 151 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 5 to use the Bonfire e-procurement platform. Bonfire platform’s minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled. Registration with Bonfire is free and is required prior to submitting a bid. You will be required to register once you click the “PREPARE YOUR SUBMISSION” in the solicitation file. It is suggested your company register no later than 24 hours in advance of the bid submission deadline to ensure proper registration. Should your company need assistance with registering, please contact the Bonfire Support Desk by emailing support@gobonfire.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT. Upon completing the registration with Bonfire, bidders will be able to submit a bid securely, any time before the bid submission deadline, at https://ocoee.bonfirehub.com by clicking the “PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once the bid has been submitted, the Bidder will receive a date/time stamp confirmation within the Bonfire platform and an email confirmation of the bid submission. Bids submitted on the Bonfire Platform will remain locked and inaccessible by City staff until the bid deadline. Bidders are encouraged to allow ample time to upload and submit their Bid as the system will automatically lock responses upon the bid deadline. A virtual public bid opening will be held on the date and time indicated below. Details on how to access the virtual bid opening will be located on the City’s website at https://www.ocoee.org/959/Public-Bid- Meetings. The actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. D. Bidders shall submit one (1) complete electronic copy, preferably in a single file, of their Bid on the Bonfire Platform. Bids must be received and by Bonfire no later than 2:00 p.m., local time, on February 7, 2023. Any attempt to submit a bid after the bid deadline will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. It shall be the sole responsibility of the Bidder to have the bid uploaded and submitted on the Bonfire Platform prior to the due date and time. File Uploads – Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Platform. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf). Respondents will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Respondents will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph. E. All Bidders shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Cashier’s or Certified check or Bid Bond; b) Addenda acknowledgement, if applicable; c) List of References/Experience; d) List of Subcontractors/Temporary Worker Agencies; e) Equipment Listing; Page 152 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 6 f) Summary of Litigation; g) Bid Form h) Conflict of Interest Disclosure Form i) Drug free workplace form j) Company information/signature sheet k) 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 Bonfire ITB file or in the form of a written addendum, which will be distributed via Bonfire not later than twenty-four (24) hours before bid opening. It shall be the responsibility of each 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 case any Bidder fails to acknowledge receipt of any such Addendum, 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 l itigation 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 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 enti ty for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See s. 287.133(2) (a), Florida Statutes.] Page 153 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 7 K. By entering into this contract, the awarded bidder is obligated to comply with the provisions of Section 448.095, Fla. Statutes, "Employment Eligibility." This includes, but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. L. 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. M. 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 407-905-3105, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 1 N. BLUFORD AVENUE, OCOEE, FLORIDA 34761. N. 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. Page 154 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 8 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 i tems of any bid, unless the Bidder qualifies its bid by specific limitations. The City may accept one or more bids if, in the City’s discretion, the City determines that it is in the City’s best interest to do so. The City reserves the right to award the contract to the Bidder which, in the City’s sole discretion, is the most responsive and responsible Bidder. The City reserves the right, as an aid in determining which bid is responsible, to require a bidder to submit such additional evidence of Bidder’s qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all bids. (Remainder of page left blank intentionally.) Page 155 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 9 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 nin ety (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) A copy of the bid security is to be included with the bid submitted electronically Bonfire. The original bid security is to be mailed within five (5) business days after the bid opening to: City of Ocoee, Finance Department/Purchasing, Attention: Joyce Tolbert, Procurement Manager, 1 N. Bluford Avenue, Ocoee, FL 34761. Failure to provide the original bid security will cause your bid to be deemed non-responsive. c) 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. d) 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. e) 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. f) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work or until the 91st day after bid opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE AND PAYMENT BONDS (Required if Project is over $200,000.00.) a) The Successful Bidder 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 Suret y had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. Page 156 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 10 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 provisions of the specifications and/or other contract documents, the City may declare the Contractor in default and terminate the whole or any part of the contract. Upon declaring the Contractor in default and the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions thereof and the Contractor shall be liable to the City for any excess costs resulting therefrom. In the event the Contractor has been declared in default of a portion of the contract, the Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph. Where the Contractor fails to comply with any of the specifications, except for delivery deadline(s), the City may, in its discretion, provide the Contractor with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specified period of time. Such notification shall not constitute a waiver of any of the City’s rights and remedies hereunder. 4. PATENT INDEMNITY: Except as otherwise provided, the successful Bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Respondent and persons employed or utilized by the Respondent in the performance of the construction contract. Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the bidder uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials. 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached, 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 should 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 Page 157 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 11 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 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 Page 158 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 12 ▪ Experience with similar work ▪ Successful reference check 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 Procurement Manager 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 Procurement Manager 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 Procurement Manager, 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. Retainage shall be five (5) percent of work to date based on the progress payment, including all change orders. 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. Page 159 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 13 Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. 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/OSHA 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. Page 160 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 14 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. l) 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. Submit the attached drug free workplace form with bid documents. Bidder must complete and submit the attached Drug-Free Workplace Form with bid. 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-COLLUSION CERTIFICATION: The Bidder declares by submission of a bid package that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The Bidder certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not Page 161 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 15 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 h ereafter 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(16), Florida Statutes, requests for proposals as defined by Section 287.012(23), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” All Bidders who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133 (2)(a), Florida Statutes. 18. SCRUTINIZED COMPANIES: Bidder certifies that the company is not participating in a boycott of Israel. Bidder certifies that the Bidder 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 Bidder is unable to provide such certification but still seeks to be considered for award of this solicitation, Bidder shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized Companies lists and shall Page 162 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 16 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. Bidder 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 Bidder 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. 19. 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. 20. 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 t he A.M. Best Company. Policies for Workers’ Compensation may be issued by companies authorized as a group self- insurer by 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 Page 163 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 17 ▪ $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. 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: ▪ 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. ▪ 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. Page 164 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 18 Page 165 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 19 21. 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. 22. 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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 23. 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 ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Page 166 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 20 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) 24. 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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 25. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ No._____________ Dated _____________________ (remainder of page left blank intentionally) Page 167 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 21 CITY OF OCOEE ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023 EXHIBIT A FLEWELLING AVENUE MILL AND RESURFACING ADAIR STREET MILL AND RESURFACING OLD WINTER GARDEN ROAD MILL AND RESURFACING THE RESERVE SUBDIVISION 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, SP- 12.5 and FC-12.5 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. MEASUREMENT AND PAYMENT 1.01 DESCRIPTION OF WORK Page 168 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 22 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. 1.06 COSTS INCLUDED IN PAYMENT ITEMS (IF APPLICABLE) Page 169 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 23 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 Page 170 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 24 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. 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 FLEWELLING AVANUE 1.01 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 Page 171 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 25 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. 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 Contract or 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. 1.02 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. 1.03 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, mate rial 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. 1.04 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. 2.00 ADAIR STREET 2.01 Mobilization / Demobilization and General Requirements and Restoration Page 172 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 26 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. 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. 2.02 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. 2.03 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. 2.04 Asphalt Overbuild Page 173 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 27 Payment for constructing asphaltic concrete overbuild structure course shall be made at the Contract unit price per TONS 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. 2.05 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. 3.00 OLD WINTER GARDEN ROAD 3.01 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. 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. 3.02 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 Page 174 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 28 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. 3.03 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. 3.04 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. 3.05 Traffic Signal Loop System Payment for Traffic Signal Loop shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing loop system at intersection signals. City highly recommends contractor visit site and meet with City Traffic Technician to determine existing system and quantity. 4.00 THE RESERVE SUBDIVISION 4.01 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 Page 175 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 29 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. 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. 4.02 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 requir ed to mill a MAXIMUM of 1.25” 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. 4.03 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. 4.04 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. 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. Page 176 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 30 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 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. ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 31 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 Page 178 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 32 CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 ITB# 23-003 ASPHALT PAVING PROJECTS FY 2023 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 [$0.00] The current CONTRACT PRICE including this CHANGE ORDER [$0 .00] Original CONTRACT COMPLETION DATE: [original contract date] Current CONTRACT COMPLETION DATE adjusted by previous CHANGE ORDERS [current contract date] Net Increase Resulting from this CHANGE ORDER [number] days Current CONTRACT COMPLETION DATE including this CHANGE ORDER [new contract date] Page 179 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 33 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. Page 180 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 34 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: Stephen 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 Page 181 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 35 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 23-003 Asphalt Paving Projects for FY 2023 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 Order No. Date Approved by City Date Accepted by Contractor Total Change in Contract Price Total (Write in Line 2, above) Page 182 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 36 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) Page 183 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 37 EXHIBIT B BID FORM (Page 1 of 4) ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023 BID SUBMITTED BY ____________________________________________FL CONTRACTOR LICENSE #________________________ Item Number Quantity Unit Item Description Unit Price Extension FLEWELLING AVENUE MILL AND RESURFACING 1.00 Milling / Resurfacing / Pavement Markings 1.01 1 LS Mobilization / Demobilization and General Construction Requirements and Restoration 1.02 11,066 SY 1.5” Milling (Max.) 1.03 11,066 SY 1.5” Resurface Type SP-12.5 Asphalt Paving including Tack 1.04 1 LS Temporary Striping and Thermoplastic Final Striping Sub-Total = Page 184 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 38 EXHIBIT B BID FORM (Page 2 of 4) ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023 BID SUBMITTED BY ____________________________________________FL CONTRACTOR LICENSE #________________________ Item Number Quantity Unit Item Description Unit Price Extension ADAIR STREET MILL AND RESURFACING 2.00 Milling / Resurfacing / Pavement Markings 2.01 1 LS Mobilization / Demobilization and General Construction Requirements and Restoration 2.02 12,166 SY 1.5” Milling (Max.) 2.03 12,166 SY 1.5” Resurface Type SP-12.5 Asphalt Paving including Tack 2.04 25 TONS Overbuild at Nicole Blvd. (SP-12.5) 2.05 1 LS Temporary Striping and Thermoplastic Final Striping Sub-Total = Page 185 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 39 EXHIBIT B BID FORM (Page 3 of 4) ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023 BID SUBMITTED BY ____________________________________________FL CONTRACTOR LICENSE #________________________ Item Number Quantity Unit Item Description Unit Price Extension OLD WINTER GARDEN ROAD MILL AND RESURFACING 3.00 Milling / Resurfacing / Pavement Markings 3.01 1 LS Mobilization / Demobilization and General Construction Requirements and Restoration 3.02 55,653 SY 1.5” Milling (Max.) 3.03 55,653 SY 1.5” Resurface Type FC-12.5 Asphalt Paving including Tack 3.04 1 LS Temporary Striping and Thermoplastic Final Striping 3.05 1 LS Traffic Signal Loops Sub-Total = Page 186 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 40 EXHIBIT B BID FORM (Page 4 of 4) ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023 BID SUBMITTED BY ____________________________________________FL CONTRACTOR LICENSE #________________________ Item Number Quantity Unit Item Description Unit Price Extension THE RESERVE SUBDIVISION MILL AND RESURFACING 4.00 Milling / Resurfacing / Pavement Markings/Signal Loops 4.01 1 LS Mobilization / Demobilization and General Construction Requirements and Restoration 4.02 23,645 SY 1.25” Milling (Max.) 4.03 23,645 SY 1.25” Resurface Type SP-9.5 Asphalt Paving including Tack 4.04 1 LS Temporary Striping and Thermoplastic Final Striping Sub-Total = TOTAL BASE BID = Page 187 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 41 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 #23-003 Asphalt Paving Projects for FY 2023 (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. 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 Page 188 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 42 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. 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. Page 189 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 43 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. (Individual's Signature) (Individual's Signature) doing business as (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) Page 190 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 44 If Bidder is PARTNERSHIP, complete this signature block. (Partnership Name) (General Partner’s Signature) (General Partner’s Name) (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) Page 191 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 45 If Bidder is CORPORATION, complete this signature block. (Corporation Name) (State of Incorporation) By: (Name of Person Authorized to Sign - See Note 1) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) (1) (Witness) (2) (Witness) (SEAL) Page 192 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 46 SURETY (Surety Business Name) (Principal Place of Business) By: (Surety Agent’s Signature - See Note 2) (Surety Agent’s Name) (Surety Agent’s Title) (Business Name of Local Agent for Surety) (Business Address) (Telephone No.) (Bond No.) Witness: (If agency is not a Corporation) (1) (Witness) (2) (Witness) Attest: (If Agency is a Corporation) (Corporate Secretary Signature) (Corporate Secretary Name) (Corporate Seal) 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. Page 193 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 47 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 Page 194 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 48 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 23- 003 Asphalt Paving Projects for FY 2023 (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by the City of Ocoee, dated August 15, 2023. 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 b y 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. 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 Page 195 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 49 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 Page 196 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 50 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 for ITB #23-003 Asphalt Paving Projects for FY 2023. 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. Page 197 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 51 (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 Page 198 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 52 EXHIBIT D - ITB #23-003 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 Page 199 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 53 EXHIBIT E ITB #23-003 DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program (Florida Statutes Section 287.087). In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Page 200 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 54 As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder: Signed: By: (Print or Type Name) Title: Date: END OF SECTION Page 201 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 55 EXHIBIT F - BID # 23-003 COMPANY INFORMATION/SIGNATURE SHEET FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE “SCOPE OF WORK/BID FORM” ARE ACCURATE AND WITHOUT COLLUSION. THE PERSON SIGNING THIS BID SHOULD HAVE THE LEGAL AUTHORITY TO BIND THE COMPANY INTO A LEGAL CONTRACT. __________________________________ __________________________________ COMPANY NAME TELEPHONE (INCLUDE AREA CODE) __________________________________ FAX (INCLUDE AREA CODE) __________________________________ E-MAIL ADDRESS _________________________________ IF REMITTANCE ADDRESS IS DIFFERENT AUTHORIZED SIGNATURE (manual) FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: ________________________________ NAME/TITLE (PLEASE PRINT) ____________________________________________ ________________________________ ____________________________________________ STREET ADDRESS _________________________________ CITY STATE ZIP FEDERAL ID #____________________ _____Individual _____Corporation _____Partnership _____Other (Specify)________________________ Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization 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 Page 202 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FY 2023 56 EXHIBIT G Plan Sheets 1. C1 - C3: Flewelling Avenue 2. C4 - C6: Adair Street 3. C7 - C11: Old Winter Garden Road 4. C12: The Reserve Subdivision Page 203 of 392 FLEWELLING AVENUEFLEWELLING AVENUE HILL AVENUE JAY STREET BEGINNING ORANGE AVENUE CARDINAL STREET DATE CREATED: NOV 13, 2009 CHECKED BY: SK DRAWN BY: RAC RAC DESIGNED BY: PUBLIC WORKS PAVING PROJECTSFIGURE ENGINEER OF RECORD RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 FLEWELLING AVENUE C1Page 204 of 392 FLEWELLING AVENUEFLEWELLING AVENUEJAY STREET MALCOM ROAD DATE CREATED: NOV 13, 2009 CHECKED BY: SK DRAWN BY: RAC RAC DESIGNED BY: PUBLIC WORKS PAVING PROJECTSFIGURE ENGINEER OF RECORD RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 FLEWELLING AVENUEC2Page 205 of 392 FLEWELLING AVENUEREBA STREET OCOEE HILLS ROAD RIDGEWOOD AVENUE ENDING SUZETTE DRIVE CRYSTAL DRIVE RUSSELL DRIVE DATE CREATED: NOV 13, 2009 CHECKED BY: SK DRAWN BY: RAC RAC DESIGNED BY: PUBLIC WORKS PAVING PROJECTSFIGURE ENGINEER OF RECORD RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 FLEWELLING AVENUEC3Page 206 of 392 ADAIR STREETNORTHERN DURANGO AVE.WURST ROADDATE CREATED: NOV 13, 2009 CHECKED BY: SK DRAWN BY: RAC RAC DESIGNED BY: PUBLIC WORKS PAVING PROJECTSFIGURE ENGINEER OF RECORD RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 ADAIR STREET RESURFACING PROJECTC4Page 207 of 392 ADAIR STREETNICOLE BLVD.MARLENE DR.NORTHERN DURANGO AVE.5TH AVE.OVERBUILD AREAFOR POSITIVE DRAINAGEDATE CREATED: NOV 13, 2009 CHECKED BY: SK DRAWN BY: RAC RAC DESIGNED BY: PUBLIC WORKS PAVING PROJECTSFIGURE ENGINEER OF RECORD RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 ADAIR STREET RESURFACING PROJECTC5Page 208 of 392 ADAIR STREETCLARCONA-OCOEE ROAD5TH AVE.DATE CREATED: NOV 13, 2009 CHECKED BY: SK DRAWN BY: RAC RAC DESIGNED BY: PUBLIC WORKS PAVING PROJECTSFIGURE ENGINEER OF RECORD RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 ADAIR STREET RESURFACING PROJECTC6Page 209 of 392 RACPUBLIC WORKS PAVING PROJECTSFIGURE RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 OLD WINTER GARDEN ROAD MILL AND RESURFACING PROJECT DATE CREATED: NOV 4, 2019 CHECKED BY: SK DRAWN BY: DESIGNED BY:ENGINEER OF RECORD RAC C7Page 210 of 392 RACPUBLIC WORKS PAVING PROJECTSFIGURE RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 OLD WINTER GARDEN ROAD MILL AND RESURFACING PROJECT DATE CREATED: NOV 4, 2019 CHECKED BY: SK DRAWN BY: DESIGNED BY:ENGINEER OF RECORD RAC C8Page 211 of 392 RACPUBLIC WORKS PAVING PROJECTSFIGURE RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 OLD WINTER GARDEN ROAD MILL AND RESURFACING PROJECT DATE CREATED: NOV 4, 2019 CHECKED BY: SK DRAWN BY: DESIGNED BY:ENGINEER OF RECORD RAC C9Page 212 of 392 RACPUBLIC WORKS PAVING PROJECTSFIGURE RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 OLD WINTER GARDEN ROAD MILL AND RESURFACING PROJECT DATE CREATED: NOV 4, 2019 CHECKED BY: SK DRAWN BY: DESIGNED BY:ENGINEER OF RECORD RAC C10Page 213 of 392 RACPUBLIC WORKS PAVING PROJECTSFIGURE RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 OLD WINTER GARDEN ROAD MILL AND RESURFACING PROJECT DATE CREATED: NOV 4, 2019 CHECKED BY: SK DRAWN BY: DESIGNED BY:ENGINEER OF RECORD RAC C11Page 214 of 392 CLARKE ROADAD MIMS ROAD DATE CREATED: NOV 13, 2009 CHECKED BY: SK DRAWN BY: RAC RAC DESIGNED BY: PUBLIC WORKS PAVING PROJECTSFIGURE ENGINEER OF RECORD RICHARD A. CAMPANALE, P.E. # 54745 CITY OF OCOEE, FL PUBLIC WORKS DEPARTMENT 301 MAGUIRE ROAD OCOEE, FL 34761 PH: 407-905-3170 ext. 1505 FAX: 407-905-3176 RESERVE SUBDIVISION RESURFACING PROJECTC12Page 215 of 392 ITB #23-003 ASPHALT PAVING PROJECTS FOR FY 2023 BID TABULATION 2/7/23 2:00 P.M. Acknowleged Addendum 1 Bid Security (Bid Bond) Company Verification/License Check Required Forms DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE FLEWELLING AVENUE MILL AND RESURFACING Mobilization/Demobilization 1 $3,000.00 $3,000.00 $5,000.00 $5,000.00 1.5” Milling (Max.)11,066 $2.60 $28,771.60 $4.50 $49,797.00 1.5” Resurface Type SP-12.5 Asphalt Paving 11,066 $14.80 $163,776.80 $15.00 $165,990.00 Temporary Striping and Thermoplastic Final Striping 1 $359.20 $359.20 $2,500.00 $2,500.00 SUB-TOTAL $195,907.60 $223,287.00 ADAIR STREET MILL AND RESURFACING Mobilization/Demobilization 1 $3,000.00 $3,000.00 $5,000.00 $5,000.00 1.5” Milling (Max.)12,166 $3.20 $38,931.20 $4.50 $54,747.00 1.5” Resurface Type SP-12.5 Asphalt Paving 12,166 $15.30 $186,139.80 $15.00 $182,490.00 Overbuild at Nicole Blvd. (SP-12.5)25 $336.90 $8,422.50 $200.00 $5,000.00 Temporary Striping and Thermoplastic Final Striping 1 $35,100.00 $35,100.00 $25,000.00 $25,000.00 SUB-TOTAL $271,593.50 $272,237.00 OLD WINTER GARDEN ROAD MILL AND RESURFACING Mobilization/Demobilization 1 $3,000.00 $3,000.00 $50,000.00 $50,000.00 1.5” Milling (Max.)55,653 $4.15 $230,959.95 $4.50 $250,438.50 1.5” Resurface Type FC-12.5 Asphalt Paving 55,653 $17.65 $982,275.45 $20.00 $1,113,060.00 Temporary Striping and Thermoplastic Final Striping 1 $164,700.00 $164,700.00 $124,000.00 $124,000.00 Traffic Signal Loops 1 $65,100.00 $65,100.00 $98,500.00 $98,500.00 SUB-TOTAL $1,446,035.40 $1,635,998.50 THE RESERVE SUBDIVISION MILL AND RESURFACING Mobilization/Demobilization 1 $3,000.00 $3,000.00 $10,000.00 $10,000.00 1.25” Milling (Max.)23,645 $3.00 $70,935.00 $4.50 $106,402.50 1.25” Resurface Type SP-9.5 Asphalt Paving 23,645 $15.20 $359,404.00 $12.50 $295,562.50 Temporary Striping and Thermoplastic Final Striping 1 $3,556.00 $3,556.00 $5,000.00 $5,000.00 SUB-TOTAL $436,895.00 $416,965.00 TOTAL BID $2,350,431.50 $2,548,487.50 *missing forms are considered a minor irregularity. Bidders listed in alphabetical order Middlesex Paving, LLC. ✓ ✓✓ Hubbard Construction Inc. Bid Bond Active BID TABULATION *subcontractor list received 02/10/23 Bid Bond Active 1 Page 216 of 392