Item #13 Award of Bid No. B13-03 to C&D Construction, Inc for Construction of Community CenterSre C of Good Lipp
AGENDA ITEM COVER SHEET
Meeting Date: February 5, 2013
Item # C
Reviewed By:
Contact Name: Al Butler, Support Services Department Director: �!
Contact Number: 407 - 905 -3100, ext. 1543 City Manager: ,
...........
aupject: Hwara of bid No. B13 -03 to C &D Construction, Inc. (Cocoa, FL) and authorization for the
Mayor to sign an agreement with that company for construction of a replacement of the Community
Center and to increase the budget for this project (District 2 — Wilsen)
Background Summary:
The City Commission determined in FY 2012 that it was in the best interest of the city's residents for a
larger Community Center venue to be available for public and private events. In furtherance of this
decision, the architectural firm of Rhodes & Brito was selected to prepare the conceptual and
construction plans for the project. Through a series of design sessions with City Commissioners, staff,
and potential users of the facility, a set of bid documents were created for a facility with a maximum
occupancy of 500 persons. Bids were opened on January 23; 10 bids were received.
The lowest responsive and responsible bid was provided by C &D Construction, Inc., of Cocoa. Their
base bid amount was $2,097,000.00. Their proposed price for Add - alternate 1, an enhanced building
sign with a fountain and clock tower, was $44,000.00. Their proposed price for Add - alternate 2, a power
switch and wiring system permitting the use of a portable generator to power the building's electrical
system, was $24,000.00. Taken together, the lowest responsive and responsible bid was $2,165,000.
The second lowest bidder was Pillar Construction, which offered a base bid of $2,276,000, an Add -
alternate 1 bid of $35,000, and an Add - alternate 2 bid of $13,000, for a total bid price of $2,324,000.
Based on the lowest responsive and responsible bid of $2,165,000 from C &D Construction, Inc., and
staff's desire for a 5% contingency allowance, the total construction phase budget needs to be
$2,273,250. The currently available funds are $1,636,052.45.
Issue:
Should the City Commission establish a project budget sufficient to cover the costs of the lowest
responsive and responsible bid price with 5% contingency and authorize the Mayor to sign an agreement
with C &D Construction, Inc. for the replacement of the city's Community Center?
Recommendations
The Finance, Support Services, and Parks & Recreation departments recommend that the City
Commission add sufficient funds to the current project budget to award Bid No. B13 -03 to C &D
Construction, Inc., and to authorize the Mayor to sign an agreement with that company to build a
replacement for the Community Center in accordance with the bid documents. Staff further recommends
that the project include Add - alternate 1 (fountain and clock tower) and Add - alternate 2 (generator switch)
in the scope of work, along with a 5% contingency allowance. The project budget will be increased by
reallocating unused funds from other projects.
Attachments:
• Bid tabulation
Bid submitted by C &D Construction, Inc.
Staff analysis and recommendation regarding the bid from C &D Construction, Inc.
Financial Impact:
The current available budget remaining for this project is $1,636,052.45, which consists of $1,058,552.45
from the General Fund and $577,500.00 from the Recreation Impact Fee Fund. An additional
$637,197.55 is needed to fully fund the construction phase at $2,273,250.00. Based on the relative sizes
of the existing building and the new structure, the maximum percentage of the construction funding that
can come from the Recreation Impact Fee Fund is 48 %, or $1,091,160.00. Staff proposes to provide the
additional funding required by reallocating budget from the following projects to the Community Center
Reconstruction Project:
Project
Description
Amount Note
15501
Softball Complex (General Fund)
$194,536.00
15501
Softball Complex (Recreation Impact Fee Fund)
$337,197.55 1
28701
City Hall Campus
$2,585.90
30501
Central Park
$2,314.10
30504
Tennis Courts
$1,418.88
30602
Lakeshore Drive & Park Improvements
$5,184.46
30606
Clarke Road
$721.88
32301
South Lakeshore Drive Drainage
$17,203.75
Maguire House Roof PO (Retainage)
$1,639.22
Landscaping ROW
$2,940.00
Reconfigure City Hall
$7,000.00
City Hall AC Duct Work
$15,000.00
Funds to Stabilize City Hall Structure
$49,455.81 2
Total Funding Donation
$637,197.55
Notes:
1 - Leaves $362,802.45 in Impact Fee Fund budget for this project.
2 - Leaves $40,544.19 in Capital Reserve Fund budget for this project.
3 - For all other donor projects, this action will eliminate all remaining budget.
The scope of work for use of the project contingency allowance includes any necessary modifications of
the Withers- Maguire House and surrounding grounds to serve as a rental facility that augments the
Community Center. For example, the Orange County Health Department has told the city that a mop
sink, three - compartment sink, and water fountain must be added. The contingency funds will also be
used to cover the cost of geotechnical testing and the added cost of the asbestos survey and abatement
change order related to demolition of the original structure and required by Orange County. (If this
agenda item is not approved, the demolition change order will be funded from the existing project
budget.) Any unused General Fund or Capital Reserve Fund allocation will be applied to the Stabilize
City Hall project reserve. Any unused Recreation Impact Fee Fund allocation will be applied to Project
15501, Softball Complex. I301111
2
Type of Item: (please mark with an 'Y)
Public Hearing
Ordinance First Reading
_ Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by Parks &
Recreation
Reviewed by Publ Works
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
N/A
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SECTION 00300
BID FORM
SUBMITTED: January 23, 2013
(Date)
PROJECT IDENTIFICATION: OCOEE COMMUNITY CENTER RECONSTRUCTION
NAME OF BIDDER: C & D Construction, Inc.
ADDRESS: P.O. Box 236577, Cocoa, FL 32923 -6577 PHONE NO.: (321) 639 -9198
CONTRACTOR'S FLORIDA LICENSE NO.: CGCO26821
(Contractor must hold an active Florida - issued General Contractor's License; other qualifications
apply, as noted in Section 00100 Instruction to Bidders)
THIS BID IS SUBMITTED TO City of Ocoee, Florida (hereinafter called Owner)
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Amendment to the Agreement with Owner in the form included in the Contract
Documents, to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid
Form and the Amendment to the Agreement, and in accordance with the other terms and
conditions of the Contract Documents.
2. Bidder accepts all of the terms and conditions of the Bidding Documents including
without limitation those dealing with the disposition of Bid Bond, This Bid will remain
open for ninety (90) calendar days after the day of Bid opening. Bidder will sign and
deliver the required number of counterparts of the Amendment to the Agreement with the
Bonds and other documents required by the Bidding Requirements within ten (10) days
after the date of Owner's Notice of Intent to Award.
3. In submitting this Bid, Bidder makes all representations required by the Instructions to
Bidders and the Agreement and further warrants and represents that:
a. Bidder has examined copies of all the Bidding Documents and of the following
Addenda:
No.
1
Dated
12 -17 -12
No. 5
Dated: 1 -17 -13
No.
2
Dated
1 -9 -13
No.
Dated:
No.
3
Dated
1 -16 -13
No.
Dated:
No.
4
Dated
1 -17 -13
No.
Dated:
Receipt of all is hereby aclaiowledged along with copies of the Invitation to Bid
and the Instructions to Bidders.
Project B13 -03 00300 -1
b. Bidder has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance, or
furnishing the Work.
C. Bidder has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in
or relating to existing surface of subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.02.1 of the General Conditions. Bidder
accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and
drawings upon which Bidder is entitled to rely as provided in paragraph 4.02 of
the General Conditions. Bidder acknowledges that such reports . and drawings are
not Contract Documents and may not be complete for Bidder's purposes. Bidder
acknowledges that Owner and Engineer do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the
Bidding Documents with respect to Underground Facilities at or contiguous to the
site.
d. Bidder has obtained and carefully studied (or assumes responsibility for having
done so) all such additional or supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface
and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost progress, performance or furnishing of the Work or which relate to any
aspect of the means methods, techniques, sequences and procedures of
construction to be employed by Bidder and safety precautions and programs
incident thereto. Bidder does not consider that any additional examinations,
investigations, explorations, tests, studies or data are necessary for the
determination of this bid for performance and furnishing of the Work in
accordance with the times, price and other terms and conditions of the Contract
Documents.
C. Bidder is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated
in the Contract Documents.
f. Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations,
tests, studies and date with the Contract Documents.
g. Bidder has given Purchasing Agent written notice of all conflicts, errors,
ambiguities or discrepancies that Bidder has discovered in the Contract
Documents and the written resolution thereof by Purchasing Agent is acceptable
to Bidder, and the Contract Documents are generally sufficient to indicate and
Project B 13 -03 00300 -2
convey understanding of all terms and conditions for performing and furnishing
the Work for which this Bid is submitted.
h. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization or corporation;
Bidder has not directly or indirectly induced or solicited any other Bidder to
submit a farce or sham Bid; Bidder has not solicited or induced any person, firm
or corporation to refrain from bidding; and Bidder has not sought by collusion to
obtain for itself any advantage over any other Bidder or over Owner.
Bidder hereby agrees to commence work under this contract on or before a date to
be specified in the Notice to Proceed and to fully complete all work of the project
within the Contract Time specified in the Scope of Work Agreement (Section
00500). Bidder further accepts the provisions of the Scope of Work Agreement as
to liquidated damages and agrees to pay as liquidated damages the amount stated
in the Scope of Work Agreement (Section 00500), for each consecutive calendar
day completion of the work is delayed.
4. All bid items shall include all materials, equipment, labor, permit fees, taxes, tests,
miscellaneous costs of all types, overhead, and profit for the item to be complete, in
place, and ready for operation in the manner contemplated by the Contract Documents.
Bidder submits the following BASE BID and ADDITIVE ALTERNATE BIDS to
perform all the Work as required by the Drawings and Specifications.
ITEM l: BASE BID
Project Name: City of Ocoee Community Center Reconstruction
Project Location: 125 N. Lakeshore Drive, Ocoee FL
Owner: City of Ocoee
Owner Project Number: 30609
Architect: Rhodes +Brito Architects
Base Bid, Single -Prime (All Trades) Contract: The undersigned Bidder, having carefully
examined the Bid Documents (Procurement and Contracting Requirements, Conditions of the
Contract, Drawings, Specifications, and all subsequent Addenda), as prepared by Rhodes +Brito
Architects and Architect's consultants, having visited the site, and being familiar with all
conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment
and services, including all scheduled allowances, necessary to complete the construction of the
above -named project, according to the requirements of the Procurement and Contracting
Documents, for the stipulated sum of.
Dollars ($ 3� 01 77, (W, Uq
Project B13 -03 00300 -3
ITEM 2: ADD ALTERNATES
Design and build the upgraded building identification sign that includes clock
tower and fountain (includes deletion of base build design element).
Add Alternate 41:
Dollars
Furnish and install the external generator change -over switch and related wiring,
complete, ready for use.
Add Alternate 92:
Do] lars ($ t /, CC7� , l� P)
The Bidder agrees to commence work on the date of the Notice to Proceed, which is
expected to be issued mid - February 2013. The Work shall be substantially complete (all
work complete and the facility available for its intended use) by October 11, 2013. The
entire work shall be frilly complete and ready for its intended use, including final dressing
and cleanup, by October 25, 2013. The Work is expected to be awarded on February 5,
2013, or as soon thereafter as practical, assuming that the Contractor shall meet all the
prerequisites for award. The Owner shall not unreasonably withhold the Notice to
Proceed required for work to begin.
6. In accordance with Article 17 of the Instructions to Bidders, the Owner will consider the
lowest "Base Bid" after adjustments for additive or deductive alternates. Additive or
deductive alternates (if any) selected by the Owner for implementation will be considered
in determining the lowest responsive, responsible Bidder. The Owner reserves the right
to accept any or all additive or deductive alternates, in its sole discretion, prior to the
award of the Contract. The Owner also reserves the right to delete any portion of the
Work as shown in the bid schedule prior to award and adjust each Bidder's "Base Bid"
and /or "Additive Alternates" accordingly.
The following documents are included and made a condition of this Bid:
a. Bid Forms (Sections 00300, 00301, 00301A, 00302, and 00303)
b. Bid Bond (Surety Bond or Cashier's Check). (Section 00410)
C. Non - collusion Affidavit (Section 00480)
d. Certification of Non-segregated Facilities (Section 00481)
e. Sworn Statement on Public Entity Crimes (Section 00482)
f. Certification of Nondiscriminatory Labor Practices (Section 00483)
Project B13 -03 00300 -4
The Bidder acknowledges that the City specifically reserves the right to accept and make
an award to a Bidder that has not submitted the lowest bid when in the City's sole and
absolute discretion the City determines that to be in its best interests. The terms used in
this Bid, which are defined in the General Conditions or Instructions of the Construction
Contract, included as part of the Contract Documents have the meanings assigned to them
in the General Conditions or Instructions.
The work shall be performed under a Florida General Contractor's License. Contract
shall not be awarded unless proof of valid license(s) is provided.
10. The undersigned as Bidder agrees that the Contract, if awarded, will be on the basis of the
materials and equipment named in the Contract Documents in accordance with Article 9
of the Instructions to Bidders. Substitute materials, manufacturers, or products will not
be considered during the bidding and award process.
11. As Bidder, I hereby certify that I am aware and understand that the City of Ocoee in its
sole discretion reserves the right to waive technicalities or irregularities, to reject any or
all Bids, and /or to accept that Bid which is in the best interest of the City. The Award of
this Bid, if made, may be based on considerations other than total cost, and may be
awarded based on various considerations, including but not limited to: Bidder experience
and whether the Base Bid and Base Alternate Bid, in the judgment of the Owner, is the
most responsive to Owner's needs. Owner encourages the use of minorities and women -
owned businesses as subcontractors.
12. List the following in connection with the Surety, which is providing the Bid Bond:
Surety's Name: Western Surety Company
Surety's Address: 2405 Lucien Way, Maitland, FL 32751
Name and address of Surety's resident agent for service of process in Florida:
Construction Underwriters, Inc.
4168 Southpoint Pkwy, Suite 305
Jacksonville, FL 32216
Contact: Tom S. Lobrano IV
(904) 296 -3331 and (904) 296 -1314 Fax
This Section continues with signature forms.
Instructions: Strike out (X) the entire non - applicable signature blocks and complete the single
applicable block (or blocks for joint venture). ALL SIGNATORIES MUST HAVE THEIR
NAMES PRINTED OR TYPED BELOW THEIR SIGNATURES.
Project B13 -03 00300 -5
Use this form if Bidder is:
SOLE PROPRIETORSHIP
(SEAL)
(Individual's Name)
doing business as
Business Address:
Phone No.:
Florida License No.:
(Individual's Signature)
Project B 13 -03 00300 -6
Use this form if the Bidder is:
A PARTNERSHIP
(SEAL)
(Partnership Name)
(General Partner's Signature)
(General Partner's Name)
doing business as
Business Address:
Phone No.:
Florida License No.:
Project B 13 -03 00300 -7
Use this form if Bidder is:
A CORPORATION
C & D Construction, Inc.
(Corporation Name)
-Florida
(State of Incorporation)
By
Curtis Deen
(Name of person authorized to sign)
President
(Title)
(Authorized Signature)
(Corporate Seal)
Attest
Brenda Deen (Secretary)
doing business as
C & D Construction, Inc.
Business Address:
P.O. Box 236577, Cocoa, FL 32923 -6577
Phone No.: (321)
639 -9198
Florida License No.:
GCCO26821
Note: Corporations must also complete form, "Corporate Authority to Execute Documents,"
which is included at the end of this section.
Project B13 -03 00300 -8
Use this form if Bidder is:
A JOINT VENTURE
By:
(Name)
(Address)
By:
(Name)
(Address)
doing business as
Business Address:
Phone No.:
Florida License No.:
(Each joint venture member must sign.
The manner of signing for each individual,
partnership, and corporation that is a party
to the joint venture should be in the manner
indicated above. Reproduce the necessary forms, as needed.)
Florida License No.:
Project B 13 -03 00300 -9
CORPORATE AUTHORITY TO EXECUTE DOCUMENTS
I HEREBY CERTIFY that a meeting of the Board of Directors of
C & D Construction, Inc. a corporation under
(Contractor's Corporate Name)
the laws of the State of Florida , held on the 1st day of January RM 2013
the following resolution was duly passed and adopted:
"RESOLVED, that
(signature of individual)
(typed name of individual)
as President of the corporation, is hereby authorized to execute and all
documents required to be signed by an officer of the Corporation in order to submit a valid bid,
contract and bond for
CITY OF OCOEE
COMMUNITY CENTER RECONSTRUCTION
between the CITY OF OCOEE, a municipal corporation, and this corporation, and that his
execution thereof, attested by the Secretary of the corporation and with corporate seal affixed
shall be the official act and deed of this corporation."
I FURTHER CERTIFY that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
corporation this 1st day of January , x.2013
(CORPORATE SEAL)
&.`rat Lz — (Corporate Secretary)
Brenda Deen, Secretary
STATE OF Florida
CITY OF Brevard
The foregoing instrument was acknowledged before me this 23rd day of January , U0 2013
by Curtis Deen
(name of officer or agent, title of officer or agent), of C & D Construction, Inc. (name
of corporation acknowledging), a Florida (state or place of incorporation)
corporation, on behalf of the corporation. He /She is personally known to me or has produced
identification (type of identification) as identification and did /did
not take an oath. , - �
vF d P�, h!otary Public State of Flori a
nee Leslie a Pu ic) Amy Re ee Leslie
e PFy Commission DD933070
r�
Expires 1 011 4/201 Comm' -s Expires: 10114/2013
OF I F _
END OF SECTION
Project B13 -03 00300 -10
SECTION 00301
QUESTIONNAIRE
DATE: 1/23/13
PROJECT IDENTIFICATION:
City of Ocoee
Community Center Reconstruction
NAME OF BIDDER: C & D Construction, Inc.
BUSINESS ADDRESS: P.O. Box 236577, Cocoa, FL 32923 -6577
TELEPHONE NO
(321) 639 -9198 EMAIL curtis @c- dconstruction.com
CONTRACTOR'S FLORIDA LICENSE NO. CGCO26821
This questionnaire is intended to provide descriptive information about the Bidder and to offer
the opportunity for the Bidder to demonstrate its compliance with the minimum requirements of
Section 00100, Article 3, Qualification of Bidders. With regard to Bidder's qualifications, the
answers provided in this section should apply to the company and the project team that will
actually oversee the work. Consideration may be given to those companies that have no prior
experience with projects of the type for which this solicitation applies but which have project
team members with oversight authority who do have such experience. In all cases, the relevance
and quality of prior experience necessary to identify a responsive Bidder shall be judged solely
by the City of Ocoee at its discretion and is not reviewable through the bid protest process.
Resumes of key project team members and their expected role in the project should be attached
to this section and included in the bid package submitted by the Bidder.
The undersigned warrants the truth and accuracy of all statements and answers herein contained.
Include additional sheets if necessary.
How many years has your organization been in business as a General Contractor?
21 years
2. Describe and give the date and owner of the last three projects that you have completed
similar in type, size, and nature as the one proposed. For each project, list the name of
the project, describe your role in the project, the total value of the work you completed,
and special conditions present that had to be overcome, the Bidder's project manager, the
client's project manager, a reference person familiar with your work on the project, and
contact information for that person. The relevant project shall be removed from the list of
references if the listed contact person refuses to provide information regarding your
performance.
Please see Attachment 'A'
00301 -1
3. Have you ever failed to complete work awarded to you? If so, where and why?
No
4. Name the proposed members of your project leadership team, listing the name and title
for each person. Attach the resume of each named person who is presented as the means
for the Bidder to meet the minimum experience requirements listed in Section 00100.:
Curtis Deen, President - Please see Attachment 'B'
_Gregg Galzerano, Project Manager - Please see Attachment 'B'
Curtis Smith or David Franklin, Project Superintendent - Please see
Attachment 'B'
5. Have you personally inspected the site of the proposed Work? Yes
If so, describe any anticipated problems with the site and your proposed solutions?
6. Will you Subcontract any part of the Work? If so, describe which portions by listing the
name of the subcontractor, the part of the project they are to perform, and the percentage
proportion of the Work represented by that activity:
Yes
00301 -2
7. What equipment do you own that is available for the Work?
r
L'xcfl , L4 _ 1
8. What equipment will you purchase for the Work?
None
9. What equipment will you rent for the Work?
10. State the true and exact, correct, and complete name under which you do business and
give the company officer and the address of the office that will be responsible for the
Work:
C & D Construction, Inc., P.O. Box 236577, Cocoa, FL 32923 -6577
Curtis Deen, President and Gregg Galzerano, Project Manager
END OF SECTION
00301 -3
SECTION 00301 -A
SUBCONTRACTOR/SUPPLIER LIST
Will your firm be doing all the Work with your own forces? Yes No X (Check yes only if no
subcontracting opportunities exist. If you will be doing portions of the Work with your own forces, list
these areas and approximate dollar amount allocated for this Work. List suppliers).
List all proposed subcontractors and suppliers to be used to include company names, contractor license
number, contact, addresses, phone numbers, type of work subcontracted (trade /commodity), and dollar
amount of work. Provide all information requested. Use additional sheets if necessary.
Submit Update Subcontractor /Supplier List with each progress payment requested. Submit Final
Subcontractor /Supplier List with Final Payment Request.
COMPANY NAME,
WORK TO BE
CONTACT
PERFORMED (TRADE)
ESTIMATED
ADDRESS, PHONE
OR COMMODITY TO
DOLLAR
NUMBER
BE SUPPLIED
AMOUNT
1 R.B.M. Plumbing
PLUMBING
Systems of Florid
Inc.
)nald Mahler (407) 339 -0637
$72,000.00
2 Holiday Ent.
MECHANICAL
Heat & Air, Inc.
Mr. Robert Holid
(352)728 -2665
$220,000.00
7)
Cam• co
4
5
6
7
END OF SECTION
00301 -A -1
SECTION 00302
COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT
(90 -96, LAWS OF FLORIDA)
Bidder hereby acknowledges that all costs for complying with the Florida Trench Safety Act are
included in the various items of the bid and in the Lump Sum Total Bid Price shown in Section
00300 - Bid Form, "Schedule of Bid Items ". For informational purposes only, the bidder is
required to further identify these costs in the summary below.
Trench Safety
Measure
(Description)
Unit of
Measure
(LF, SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
A
I Slope
LF
500
$ 10.00
$5,000.00
B
$
$
C
$
$
D
$
$
TOTAL
$5,000.00
BIDDER: C & D Construction, Inc.
SIGNED: L2�L Q
0� —
BY: Curtis Deen
(Print or type name)
TITLE: president
DATE: 1/23/13
THIS IS NOT A PAY ITEM: The purpose of this form is to gather information on the costs
associated with trench safety measures and to insure that the Bidder has considered these costs
and included them in the Lump Sum Total Bid price. Contractor will not receive additional
payment if actual quantities differ from those estimated or if the Contractor uses a safety
measure different than those listed.
(Failure to Complete This Form May Result in the Bid Being Declared Non - Responsive.)
END OF SECTION
00302 -1
SECTION 00303
DRUG -FREE WORKPLACE CERTIFICATION
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free
workplace programs. Whenever two or more bids which are equal with respect to price,
quantity, and service are received by the State or by any political subdivision for the
procurement of commodities or contractual services, a bid received from a business that
certifies that it has implemented a drug -free workplace program shall be given preference
in the award process. Established procedures for processing tie bids will be followed if
none of the tied vendors have a drug -free workplace program (Florida Statutes Section
287.037). In order to have a drug -free workplace program, a business shall:
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.
00303 -1
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Bidder: C & //JJ D Construction, Inc. (1
Signed: 2:� �--�_
By: Curtis Deen
Print or Type Name)
Title: President
Date: 1/23/13
END OF SECTION
00303 -2
SECTION 00480
NON - COLLUSION AFFIDAVIT
STATE OF Florida
COUNTY OF Brevard )
Curtis Deen
being first duly swore deposes and says:
1. He (it) is the President
(Owner, Partner, Office, Representative or Agent)
of C & D Construction, Inc. the Bidder that has
submitted the attached Bid;
He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affidavit, have in any way, colluded,
conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or
person to submit a collusive or sham Bid in connection with the Contract for which the
attached Bid has been submitted; or to refrains from bidding in connection with such
Contract; or have in any manner, directly or indirectly, sought by agreement or collusion,
or communication, or conference with any Bidder, firm, or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost
elements of the Bid price or the Bid price in any other Bidder, or to secure through any
collusion, conspiracy, connivance, or unlawful agreement any advantage against
(Recipient), or any person interested in the proposed Contract;
The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or
any other of its agents, representatives, owners, employees or parties in interest, including
this affidavit. By: �)�
Title: Curtis Deen, President
00480 -1
2013
Sworn and subscribed to before me this 23rd day of ,Tanuar in the State of
Florida , City of Cocoa
r � ,
(IL C-4 Soc Notary Public
My Commission Expires: 10/14/2013
sy. ° YY '4T
END OF SECTION � F =u�iic Stale of Florida
° ' <
°�
limy Re 'Iee !_eclie
a
yCnr,nissiunUD
Expires 10/14/2013
r� S. ,p' Div' ° ti�° cc' a' ap" F4: �i9.�(;- �"•lk:lrYr�nao�p�'*,r�}
00480 -2
SECTION 00481
CERTIFICATION OF NONSEGREGATED FACILITIES
The Bidder certifies that he does not maintain or provide for his employees any segregated
facilities at any of his establishments, and that he does not permit his employees to perform their
services at any location, under this control, where segregated facilities are maintained. The
Bidder certifies further that he will not maintain or provide for his employees any segregated
facilities at any of his establishments, and that he will not permit his employees to perform their
services at any location under his control where segregated facilities are maintained. The Bidder
agrees that a breach of this certification will be a violation of the Equal Opportunity clause in
any contract resulting from acceptance of this Bid. As used in this certification, the term
"segregated facilities" means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, time clocks, locker rooms and other storage and dressing
areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and
housing facilities provided for employees on the basis of race, color, religion, or national origin,
because of habit, local custom, or otherwise. The Bidder agrees that (except where he has
obtained identical certification from proposed subcontractors for specific time periods) he will
obtain identical certifications from proposed subcontractors prior to the award of subcontracts
exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause,
and that he will retain such certifications in his files.
The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as
amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all
persons and implementations of rules and regulations prescribed by the United States Secretary
of Labor are incorporated herein.
Note:
The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date January 23rd , 2013 . C & D Construction, Inc.
By:
rtis Deen, President
(Title)
Official Address (including Zip Code):
C & D Construction, Inc., P.O. Box 236577
Cocoa. FL 32923 -6577
ATTACH AND INCLUDE AS PART OF PROPOSAL FORM; FAILURE TO DO SO MAY BE
CAUSE FOR DISQUALIFICATION OF YOUR BID.
END OF SECTION
00481 -1
SECTION 00482
(Page 1 of 2)
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
C & D
I. This sworn statement is submitted to City of Ocoee, Florida by Construction, by
Inc.
Curtis Deen, President
(Print individual's Name & Title)
whose business address is P.O. Box 236577, Cocoa, FL 32923 -6577
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not
limited to, any bid or contract for goods or services to be provided to any public entity or
an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
representation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes
means:
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an
affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons
when not for fair market value under an arm's length agreement, shall be a prima
facie case that one person controls another person. A person who knowingly
00482 -1
enters into a joint venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract and which bids or applies to
bid on contracts for the provision of goods or services let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
6. Based on information and belief, the statement I have marked below is true in relation to
the entity submitting this sworn statement. (please indicate which statement applies).
X Neither the entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who
are active in management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members, or agents who
are active in management of the entity, or an affiliate of this entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members, or agents who
are active in management of the entity, or an affiliate of this entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding concerning the conviction
before a Hearing Officer of the State of Florida, Division of Administrative
Hearings. The final order entered by the Hearing Officer detennined that it was
not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Please attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
1/23/13 . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature) Curtis Deen, President
Date: 1/23/13
00482 -2
C & D Con struction, Inc.
Name of Bidder (Contractor)
STATE OF Florida
COUNTY OF Brevard
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Curtis Deen who, after first being sworn by me,
(Name of Individual Signing)
affixed his /her signature in the place provided above on this
23rd
day of
January , 2013
Notary Public
My Commission Expird : 10/14/2013
END OF SECTION,
os9Y �t y i:;et�ry ?uoiic State of Florida
. ReYnve Lea!;e
DD933070
F.xpkes '1 011 41201 3
lrev
E�O+d Le h �G`Y1,vf'bi _
00482 -3
SECTION 00483
CERTIFICATION OF NONDISCRIMINATORY LABOR PRACTICES
This certification relates to a construction contract proposed by the City of Ocoee
Equal Opportunity Employment: The Contractor shall not discriminate on the basis of race,
color, national origin, gender, age, handicapped status, veteran status, and /or religion in
performing the work governed by this contract. The City is an Equal Opportunity Employer
(EOE) and as such encourages all contractors to comply with EOE regulations. Any
subcontract the Contractor may enter into shall include this clause with the same degree of
application being encouraged.
I am the undersigned prospective construction contractor or subcontractor. I certify that:
(1) I X have/ have not participated in a previous contract or subcontract
subject to the Equal Opportunity Clause and
(2) if I have participated in a previous contract or subcontract subject to the Equal Opportunity
Clause, I X have/ have not filed with the Joint Reporting Committee, the
Director of the Office of Federal Contract Compliance Programs, or the Equal Employment
Opportunity Commission all reports due under the applicable filing requirements.
I understand that, if I have participated in a previous contract or subcontract subject to the Equal
Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I
am not eligible, and will not be eligible, to have my bid or offer considered, or to enter into the
proposed contract or subcontract, unless and until I make an arrangement regarding such reports that
is satisfactory to the office where the reports are required to be filed.
I agree that I will obtain identical certifications from prospective lower -tier sub - contractors when I
receive bids or offers or initiate negotiations for any lower -tier construction subcontracts with a price
exceeding $10,000. I also agree that I will retain such certific ons in my files.
Date January 23rd , 20 13 By: L A__�
(Signature of Authorized Official) Curtis Deen, President
C & D Construction, Inc.
(Name of Prospective Construction Contractor or Subcontractor)
Box 236577, Cocoa, FL 32923 -6577
(Address of Prospective Construction Contractor or Subcontractor)
(321) 639 -9198 59- 3113094
(Telephone Number) (Employer Identification Number)
END OF SECTION
00483 -1
ATTACHMENT `A'
C & D CONSTRUCTION, INC.
REFERENCES
Contract: Barrier Island Ecosystem Center, Melbourne Beach, FL
Amount: $2,957,938.54
Owner:
Brevard County Parks and Recreation
Amount:
2725 Judge Fran Jamieson Way
Project No.
Viera, FL 32940
Contact:
Mr. Jack Masson, Director
Phone:
(321) 633 -2046
Fax:
(321) 633 -2198
Number:
20010005
Contact:
Mr. Mike Knight, Program Manager
Phone:
Brevard County Environmentally Endangered Lands Program (EEL)
Fax:
91 East Drive
Year:
Melbourne, FL 32904
Phone:
(321) 255 -4466 ext. 28
Fax:
(321) 255 -4499
Year:
2008
Contract:
Fort Pierce National Guard Armory Upgrades, Fort Pierce, FL
Amount:
$1,738,822.82
Project No.
4205204
Owner:
State of Florida, Department of Military Affairs
Architect:
P.O. Box 1008
CFMO -MD
St. Augustine, FL 32085 -1008
Contact:
Mr. Kenneth `Butch' Hersey
Phone:
(904) 823 -0282
Fax:
(904) 823 -0189
Architect:
Hanson Professional Engineers
720 N. Maitland Avenue
Maitland, FL 34751
Contact:
Mr. Zoran Aleksic, R.A., NCARB
Phone:
(407) 622 -2052
Fax:
(407) 622 -2051
Year:
2008
Contract: Ortona Elementary School — Additions and Renovations, Daytona Beach,
FL
Amount:
$2,233,544.12
Owner:
The School Board of Volusia County
Phone:
3750 Olson Drive
Fax:
Daytona Beach, FL 32124
Contact:
Mr. Tom Brown
Phone:
(386) 947 -8786 ext. 50822
Fax:
(386) 947 -5847 Fax
Architect:
Strollo Architects
731 Franklin Lane
Orlando, FL 32801
Contact:
Mr. J. Pat Strollo, President
Phone:
(407) 423 -5355
Fax:
(407) 422 -5994 Fax
Year:
2006
I[. .
Barrier Island Ecosystem Center
Melbourne Beach, Florida
(Completed: November 17, 2007)
r 1p
�� 7 � ,3 j
tWl
M"�
Ortona Elementary School — Additions & Renovations
(2006)
ATTACHMENT `B'
Curtis G. Deen
President /Owner
curtis @c- dconstruction.com
www.c-deonstruction.com
(321) 639 -9198 x15
(321) 690 -2291 Fax
Work Experience:
C & D Construction, Inc. (1992 — Present)
Cocoa, FL
President — Formed C & D Construction, Inc. incorporated on February 7, 1992. Began by
working on Federal Government contracts with good quality practices and high ambitions.
Started C & D with one employee and currently employs thirteen (13) field employees.
Consistently managed the growth of the company over the past nineteen (19) years. Has
completed over $120 million in construction contracts. Actively involved in the day -to -day
operations of C & D including administration, estimating, construction scheduling and human
resources.
Space Coast General Contractors (1986 —1992)
Cocoa, FL
Project Manager — Served as a project manager for SCGC for six years. Responsibilities
included the management of construction projects as well as estimating, administrative duties
and the negotiation of contracts and modifications. Annual revenue of $1 million. Supervised
and managed employees while working for SCGC.
Lockheed Space Operations Company (1984 —1986)
Kennedy Space Center, Florida
Vehicle Operations Coordinator — Pre- plan/coordinate activities of processing the Space
Shuttle orbiter. Provided detailed schedule for tasks to be completed.
Education:
Florida Institute of Technology (198 1) — Bachelor of Science; Masters Program, Contract
Acquisition, FIT participant
Certifications:
Certified General Contractor
State of Florida CGCO26821 (1984)
Community Service:
Associated Builders & Contractors Association — Past Director
Cocoa Little League — Past Officer and Coach
Merritt Island Christian School — Past Board Member
Gregg C. Galzerano
Project Manager
E mail: gregg @c- dconstruction.com
www.c- dconstruction.com
(321) 639 -9198 x12
(321) 690 -2291 Fax
Work Experience:
C & D Construction, Inc. (1994 — Present)
Cocoa, FL
Project Manager — C & D Construction is a MBE specializing in Commercial and Federal
Government construction projects. Duties include project management, estimating, writing
formal proposals, subcontract negotiation, scheduling of construction activities, submittal
approval review, contract modifications, pay requests, writing and execution of Quality Control
Plan and Safety and Hazard Communication Plan.
Recent Projects Include:
Avenida Menendez Seawall, St. Augustine, FL " (2012) - $4,092,735.44
*S -62 Concrete Repairs, Orange County, FL (2011) - $747,800.00
Concrete Bulkhead at Florida School for the Deaf and the Blind (2011) - $727,350.00
'Brevard Community College, Building 12 Renovations, Cocoa Campus (2011) - $173,000.00
Past Projects Include Project Management of the following jobs:
*S -61 Navigational Lock Refurbishment, Osceola County, FL (2011)
`Construction of Barrier Island Ecosystem Center, Melbourne Beach, FL (2011)
`Ortona Elementary School Additions and Renovations, Daytona Beach, FL
ACT #10 Modifications, Port Canaveral, FL (2003)
`BCC Central Plant Modifications, Bldg. 6, Pre - Engineered Metal
- Building and Concrete, Melbourne Campus, FL (2010)
$2,353,145.59
$2,957,938.54
$2,576,450.00
$3,245,493.16
$114,987.00
Speegle Construction, Inc. (1993 —1994)
Cocoa, FL
Estimator — SCI a Florida based General /Site Contractor specializing in Federal Government
construction projects locally and abroad. Duties include estimating, subcontract negotiation,
review /approval of submittals, contract modifications, material procurement and shipment to
Ascension Island and Antigua.
Mead Construction, Inc. (1992 —1993)
Melbourne, FL
Chief Estimator — Performed estimating and scheduling duties
Education:
Auburn University, Auburn, AL (12/91), Bachelor of Science, Building Science
Minor: Business (12/91)
Curtis K. Smith (321) 639 -9198
Superintendent (321) 690 -2291 Fax
Work Experience:
C & D Construction, Inc. (1994 — Present)
Cocoa, FL
Superintendent — Responsibilities include the supervision of all field related matters on the
construction site for each construction project. Supervision of subcontractors, coordination of the
project schedule with subcontractors and C & D Construction administration, purchase of
building materials and responsibility for completing general daily tasks required to complete the
job per plans and specifications.
Current Projects Include:
"Avenida Menendez Seawall, St. Augustine, FL "
Past Projects Include Project Management of the following jobs:
"Concrete Bulkhead, Florida School for the Deaf & the Blind"
"S -62 Navigational Concrete Repairs, Orange County, FL "
"Fort Pierce National Guard Armory, Ft. Pierce, FL "
"Child Development Center, MacDill AFB, FL "
"Construct 3 Admin Office Bldgs and Renovate Chapel, Ft. Rucker, AL "
"Bayside High School, Palm Bay, FL "
"DOD Elementary School Upgrade, Ft. Rucker, FL "
$4,092,735.44
- $727,350.00
- $747,800.00
- $1,738,822.82
- $3,541,559.00
- $1,153,974.00
- $1,934,221.40
- $917,000.00
J.J.C. Contractors, Inc. (1992 -1994)
Project Manager — Scheduling, estimating, job coordination and quality control duties.
Various construction projects, including work at Homestead AFB and the VAMC, Miami.
Home Remodeling Business (1990 —1992)
Owner /Operator — Subcontracted work from Scotty's which included, but was not limited to
installation of kitchen and baths for home owners. Also included general home repair work.
Worked on several projects for Rinker Materials which included remodeling on dispatch office,
building display and storage room, remodeling work in the District Office in Cocoa, FL.
Madesin General Contractors (1985 —1990)
Missiaugua, Ontario
Carpenter /Supervisor - Traveled throughout the East Coast remodeling satellite stores such as
Mayor Jewelry, Macy's, Casual Corner and Petite Sophisticate. Duties included: demo, layout,
metal stud work, drywall, and finish carpentry. Supervised several jobs for Madesin.
Education:
Graduated from High School (1973); Brevard Community College — Voc. Diploma in A/C
David Franklin
Project Superintendent
xxnxnx� n_rarnn etrn rti rn� rnm
(321) 288 -6876 Cell
(321) 690 -2291 Fax
Work Experience:
C & D Construction, Inc. (2001— Present)
Cocoa, FL
Project Superintendent— Duties include supervision of subcontractors, coordination of the
project schedule with subcontractors and C & D Construction administration, purchase of
building materials and responsibility for completing general daily tasks required to complete the
job per plans and specifications.
Current Projects:
* Building 1 Server Room, BCC Palm Bay Campus (2013) - $153,977.00
*Educational Services Facility Courtyard Repair (2013) - $51,46600
Past Projects Include Project Management of the following jobs:
* BCC - Building 12 Office Renovation, Cocoa Campus' (2012) -
$173,000.00
* Interiors Modernization at Project FL19 -3, Cocoa, FL (2012) -
$740,289.50
* Freezer /Cooler Replacement at 6 Brevard County Schools (2011) -
$65,925.00
* BCC Central Plant Modifications, Bldg. 6, Pre- Engineered Metal
Building and Concrete, Melbourne Campus, FL (2010) -
$114,987.00
* BCC Aerospace Lab Remodel, Bldg. 14, Room 129, Cocoa Campus (2010) -
$49,900.00
BCC — Softball Field, Palm Bay Campus (2009) -
$65,264.00
* BCC — Bldg. 10, RM 11 Renovations, Melbourne Campus (2009) -
$99,915.00
* BCC — Bldg. 5, Cocoa Campus, Cocoa Campus (2008) -
$79,917.00
LICENSE /MBE INFORMATION
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Ye CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
pD WEI TALLAHASSEE FL 32399 -0783
DEEN, CURTIS GLENN
C & D CONSTRUCTION
PO BOX 236577
COCOA
INC
FL 32923 -6577
(850) 487 -1395
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DEPARTMENT OF BUSINESS AND:i: i
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CGCO26821 07/06/12 120015753
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CERTIFIED ;GENERAL CONTRACTOR
DEEN, CURTIS GLENN
impact you, subscribe to department newsletters and learn more about the
q; & D CONSTRUCTION INC
Department's initiatives.
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Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
IS CERTIFIED under the provisions ofChi:489 FS }!
( Expiration date ',,.UO 31, `2014 L12070601020
L - --
REGULATION
SEQ# L12070601.020
KEN LAWSON
SECRETARY
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SECTION 00410
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, C & D C ONSTRUCTION, INC.
as .Principal, and WESTERN SURETY COMPANY
as Surety, are hereby held and firmly bound unto the City of Ocoee,
Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ Five percent of the larges
amount for which award can be made under the accompanying bid (5 %)
(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 22nd day of January , 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 OCOEE COMMUNITY CENTER . (. Project).;
PROJECT NUMBER: B13 -03
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.
00410 -1
3. This obligation shall be null and void if:
3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the
Bidding Documents (or any extension thereof agreed to in writing by Owner) the
executed Agreement required by the Bidding Documents and any performance
and payment bonds required by the Bidding Documents and Contract Documents,
or
3.2 All bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days
from the time and date fixed for the opening of Bids (or any extension thereof
agreed to in writing by Bidder and, if applicable, consented to by Surety when
required by paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default by Bidder and within 30
calendar days after receipt by Bidder and Surety of written notice of default from Owner,
which notice will be given with reasonable promptness, identifying this Bond and the
Project and including a statement of the amount due.
5. Surety waives notice of and any and all defenses based on or arising out of any time
extension to issue notice of award agreed to in writing by Owner and Bidder, provided
that the total time for issuing notice of award including extensions shall not in the
aggregate exceed 120 days from Bid Due Date without Surety's written consent.
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 untended 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
00410 -2
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.
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 tbis signature block,
(1)
(Individual's Signature)
(Witness)
(2)
(Individual's Signature)
(Witness)
doing business as
(SEAL)
(Business Address)
(Telephone No.) (Florida License No.)
00410 -3
If Bidder is PARTNERSHIP, complete this signature block.
r � (i)
(Pal Nanie) (Witness)
(2)
(General Partner's Signature) (Witness)
(General Partner's Name)
(SEAL)
(Business Address)
Telephone No.) (Florida License No.)
00410 -4
If Bidder is CORPORATION, complete this signature block,
C & D CONSTRUCTION, INC.
(1) yj ; _E
t'J
(Corporation Name)
Amy Lesl
e
(Witness)
Florida
(2)
&
(State of Ineoiporation)
Debbie Hottle
(Witness)
By- Curtis Deen
(Name of Person Authorized to Sign - See Note 1)
(SEAL)
Curtis Deen, President
('Title)
(Authorized Signature)
Curtis Deen, President
(Corporation President)
P.O. Box 236577
_ Cocoa, FL 32923 - 6577
(Business Address)
(321)639 - 9198 CGCO26821
(Telephone No. ) (Florida License No.)
00410 -5
SURETY
Witness: (If agency is not a Corporation)
WESTE SURETY COMPANY
(Surety Business Name) I (1)
(Witness)
101 South Phillips Avenue
P.O. Box 5077, Sioux Falls, SD 57117 -5077
(Principal Place of Busi nes ), (2)
(Witness)
Surety Agent's Signature -- See Note 2)
Attest: (If Agency is a Corporation)
Tom S. Lobrano IV �/G � .,� (
(Surety Agent's Name) (Corporate Secretary Signature)
Attorney -in -Fact & Florida Resident Aqent I Ann Bullard
(Surety Agent's Title) (Corporate Secretary Name)
CONSTRUCTION UNDERWRITERS, INC.
(Business Name of Local Agent for Surety)
(Corporate Seal)
4168 Southpoint Parkway, Suite 30_5, Jax, FL
(Business Address) 32216
904 - 296 -3331
(Telephone No.)
N/A
W
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.
11.1
ATTORNEY -IN -FACT AFFIDAVIT
STATE OR COMMONWEALTH OF Florida
COUNTY OR CITY OF Duval County, Jacksonville )
Before me, a Notary Public, personally carne Tom S. Lobrano, IV known to me, and
known to be, the Attorney -in -Fact of Western Surety Company , a South Dakota
Corporation, which (Surety Company) (State)
executed the attached bond as surety, who deposed and said that his signature and the corporate seal
of said
Western Surety Company 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 Western Surety Compa
(Surety Company)
Given under my hard and seal this 22nd day of Janua 2013
ry
�\ • Notary Puhillc, State
Golmnissloa (\lo. a�� Sti � �!✓ W v
(Notary Public) Teresa L. Blunk
My Commission Expires May 31, 2013
END OF SECTION
00410 -7
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas S Lobrano IV, Mark C Fore, Robert W Weber, Individually
of Jacksonville, FL, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 21st day of September, 2012.
WESTERN SURETY COMPANY
carVO l e^: y=
. G tk . OP ....
aul T. Bmflat, Vice President
State of South Dakota
County of Minnehaha ss
On this 21st day of September, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
r J. MOHR r
June 23 , 201$ s SEAL NOTARY PUBLIC SEAL '
s SOUTH DAKOTA s
}4444444444444444444h4�aS4}
CERTIFICATE J. Mohr, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 22nd day of January 2013
WESTERN SURETY COMPANY
C.
-�
.-
_Wi�1 T I�`i Di
yo.. SE A�'r'it�a
Form F4280 -7 -2012 L. Nelson, Assistant Secretary
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
MEMORANDUM
TO: Robert Frank, City Manager
FROM: Al Butler, Director of Support Services jj};►
DATE: January 28, 2013 /
RE: Award of Bid No. B13 -03 to C &D Construction, Inc.
COPIES: Steve Krug, Joyce Tolbert, Jeff Hayes
Commissioners
Gary Hood, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
The City Commission determined in FY 2012 that it was in the best interest of the city's residents
for a larger Community Center venue to be available for public and private events. In furtherance
of this decision, the architectural firm of Rhodes & Brito was selected to prepare the conceptual and
construction plans for the project. Through a series of design sessions with City Commissioners,
staff, and potential users of the facility, a set of bid documents were created for a facility with a
maximum occupancy of 500 persons. Invitation to Bid No. B13-03 was issued in December 2012
for the construction of a new Community Center on the site of the existing facility. Bids were
opened on January 23; 10 bids were received.
The Invitation to Bid was clear that any contractor undertaking the work must have prior experience
with similar construction projects:
The subject project involves complicated construction, coordination of several specialty
subcontractors and suppliers, a tight construction schedule, detailed trim work, and expensive finish
materials that will require expertise in construction. As a result, the City will only consider bids from
those companies with extensive prior experience in the construction of similar facilities, such as
hotels, conference centers, fine restaurants, and other commercial projects involving relevant
technical and project management capabilities. Each bidder must provide examples of relevant
experience on the Section 00301 questionnaire. For each example project, the Bidder must provide
a description of the project, its location, and a contact person willing and able to discuss the Bidder's
performance for that project. Only projects for which the Bidder was the prime contractor will be
considered to be relevant.
The lowest responsive and responsible bid was provided by C &D Construction, Inc., of Cocoa.
Their base bid amount was $2,097,000.00. Their proposed price for Add - alternate 1, an enhanced
building sign with a fountain and clock tower, was $44,000.00. Their proposed price for Add -
alternate 2, a power switch and wiring system permitting the use of a portable generator to power
the building's electrical system, was $24,000.00. Taken together, the lowest responsive and
responsible bid was $2,165,000. This procurement used a lump -sum base bid with two add -
alternate bid items, which also used lump sum pricing, so no detailed bid analysis is applicable.
The total spread was about $1 million for all 10 bids.
The City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ci.ocoee.fl.us
_ .. Center of Good j
C &D Construction supplied three representative building projects:
• Barrier Island Ecosystem Center (Melbourne Beach, FL) - $2,957,938
• Fort Pierce National Guard Armory Upgrades (Fort Pierce, FL) - $1,738,823
• Ortona Elementary School (Daytona Beach, FL) - $2,233,544
I spoke by telephone to the client contact person for each project and received consistently positive
reviews of the contractor's performance. No negative comments were made by any contacted
person. All reported a willingness to undertake future projects with the company. Although none
of these projects was a community center or hotel, they did present challenges of an equal of higher
magnitude. For example, the Melbourne Beach Ecosystem Center project was on a very difficult
barrier island site that required extensive measures to build a stable foundation for the building.
The building was also difficult to construct, as it employed a semicircular shape as a strategy for
hurricane survivability, and the water supply system had to be self - sufficient due to the remote
location.
In addition to the reference projects, I also reviewed other comparable projects completed by the
firm but not listed in the bid submittal. The most striking of these was a project involving extensive
modifications to the cruise ship embarkation port facilities at Port Canaveral, which presented very
difficult site constraints. The site had to remain open and in operation while under construction and
involved constructing concrete forms over an active roadway for trailer truck deliveries to the ships.
It is also worth noting that the company has completed several complex projects for the federal
government, which employs fairly rigorous project control methods.
C &D Construction has been in business in Cocoa since February 1992 and has been under one
owner for its entire existence. That owner, Mr. Curtis Deen, was previously the vehicle operations
coordinator for Lockheed Space Operations Co. at the Kennedy Space Center and Project Manager
for Space Coast General Contractors prior to forming his own company. He has been a State -
licensed contractor since 1984. The project manager assigned to our project is Mr. Gregg
Galzerano, who has been with the company since 1994. He was also the project manager for two of
the three reference construction projects.
The funding for the project is coming in part from the Parks & Recreation and Public Works
departments, both of which will also be involved in the building's operation and maintenance.
Through their signature of the related agenda item documents, the directors of these departments
have indicated their concurrence with this award recommendation.