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Item #09 Approval of Awarding Bid #B16-05 Asphalt Paving Projects for Fiscal Year 2016 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: July 19, 2016 Item # vl Reviewed By: Contact Name: Joyce Tolbert Department Director: .giof y„,, � Contact Number: 1516 City Manager: //./ Subject: Award of B16-05 Asphalt Paving Projects for FY 2016 (All Districts) 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 2016 for roads within the Ocoee Hills and Brentwood Subdivisions; Leslie Ann Lane (from Sal Street to Nicole Blvd.); and Lady Avenue (from Ursula Street to Nicole Blvd.). The construction consists of milling and resurfacing using SP-9.5 Asphaltic Concrete. All work for this contract shall conform to the applicable technical specifications of Florida Department of Transportation (FDOT) "Standard Specifications for Road and Bridge Construction" 2016 Edition, and "Roadway and Traffic Design Standards" Latest Edition including any amendments thereto. The bid was publicly advertised on June 5, 2016, and opened on July 5, 2016. There was a total of four(4) bids received ranging from $205,819.00 to $334,523.35. All bids are available in the Finance Department for review. The Public Works and Finance Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to The Middlesex Corporation for $205,819.00 as the most responsive and responsible bidder, per the attached recommendation from Steve Krug, Public Works Director. The table below is a listing of the bids received. Bidder Total Bid 1. The Middlesex Corporation $ 205,819.00 2. Preferred Materials Inc. $ 242,815.15 3. Ranger Construction Industries Inc. $ 246,368.05 4. Hubbard Construction Co. $ 334,523.35 Issue: Should the City Commission award the bid for Asphalt Paving Projects for FY 2016 to The Middlesex Corporation, as recommended by the Public Works Director? Recommendations: Staff recommends that the City Commission award Bid #B16-05 Asphalt Paving Projects for FY 2016 to The Middlesex Corporation in the amount of$205,819.00 and authorize the Mayor, City Clerk, and Staff to execute the required contract documents once the required bonds and insurance are received. Staff also recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders_. Attachments: 1. Bid Tabulation 2. Award Recommendation from Public Works Dept. 3. Middlesex Corp. Bid 4. Invitation to Bid#B 16-05 5. Plan sheets Cl —C3 Financial Impact: This project is adequately funded in the Streets Capital Improvement Program. There is $244,000 available in this fiscal year's budget for this project. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 tl ocoee florida Date: July 11, 2016 Ocoee Public works Team Mayor To: Joyce Tolbert, Purchasing Agent p z r Rusty Johnson Commissioners From: Richard A. Ca anale, Public Works . . John Grogan - Operations Manager to, District 1 t`_ Improving a great community Rosemary wNsen Thru: Stephen C. Krug Public Works Directoroo District 2 p g' Richard Firstner RE: Contract Award Recommendation District 3 Joel F.Keller District 4 Public Works recommends award of the Asphalt Paving Projects for FY2016 to the lowest responsive bidder, The Middlesex City Manager Corporation (Middlesex), of Orlando, Florida, in the amount of Robert D.Frank $205,819.00. The City received four responsive bids from contractors with the low bid below the Engineer's estimate. The contractor has been in business for over 40 years, with a presence in Florida over 20 years. The City has a positive history of contracting with Middlesex on resurfacing projects in previous years. Public Works contacted other municipalities in Central Florida to confirm Middlesex continues to successfully complete projects of similar size and scope. The project is adequately funded in the Streets Division Capitol Improvement Program. The Asphalt Paving Projects for FY 2016 include milling and resurfacing the following streets; Leslie Ann Lane (from Sal Street to Nicole Blvd.), Lady Avenue (from Ursula Street to Nicole Blvd.), and Ocoee Hills and Brentwood Heights Subdivision roadways. The work incorporates approximately 2.3 miles of roadway resurfacing. City of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761 Phone: (407) 905-3100•fax: (407) 905-3167•www.ocoee.org N N N 0 co N 0 CO 0 0) N) 0 N N > 0) O) r Cn N U N D) co O N. V r 0) N) � V O 0 u) N O C` O) U O) D M CO N O O co co O n co N. N a w _0) O CD CD CO CO 0 O O CD N N N m E o M O V OCO 00 N. a N O R N N co t9 L _ N (A CO V CD U) V d U) N W N M 69 (A 4 19 N M 19 19 w c O V Q u c N F m .0 O W V Q N CD CO N.. U) 00 M 0 C (D 0) N 11 N V U) _ N N. O V N O (f) N) n N. N n O) U W 19 19 N w w co 19 N U m o N a a N in in °en a I z 7 0 o O U) o U) O O O O O U) o N 0 0 O 0 N 0 N 0 M O M 0 V 0 V O C O O U) 0 CD N U) O n M N 0 U) 0) O O N. 0 N N 0 P) U) CO CO N. 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OD N CO M 1- N V M O N tO (h .. r I� LO- D') (p y W 69, E9 r....- a � f� Y) to V P M r..:di FA N O t`� M FA (O Cr Q N U 19 FA Vi FA Vi 19 CSI 69 m _ a a E CL cn o o a a m a . -, o U OT, o Cn N o N N O O 0 O N o N CO O N CO O cr. CO O C tO N 10 N 6 N N O W to H 19 1n 19 69 1O fA V) .17 U U N N N N ri ri r rn d o m z 7 M in h-_ ^ O O M M 10 N 0 0 0 M M N C4 C4 N J J J J Q Q Q Q 1- 1- 1- 1- O 0) 0 (T 0 0) 0 cO 1- C H C H CO c 1- .t m n m a m ,N .a m-ci` 7 w a ti > in (n > (n w > U) u) $ Om m c m c 0 Jo O. c cm U 0) 0 c_ it p _c iL (1) W (o N > U U > U -o U CC N co ''Z2 a N y Q_ z a o O p c c ac 0 a 0 0 3 n 'o o E w U) m N D- E a E E- . o c� c o m < L v Q a) m L _ _ m O l0 E N i U) 1 C H O w N O a' 7 0- D N N C z a = (n N E Cn N .5 L N 0 O 0 J O O t C) C) O o � a O) 3 U y N m w E y n 5 T a , < a g a o.It C Z (U W X N '� X H N '� N g CO v = C W H O ° a (o z` a m CU = a CU C d m Q V U c O 0 d' N Cl Q C j N > C) = N j C (n N m Z c V (n C1 I- 5 0 =-''''- ] N = N O- T N O- N = T d Q O m 0 o v o p a0 n) o (tom) ) 2 ca E v 2 W E o 2 1- E m y m z m U W D: 0 2 ct � - F- J I- O H OF a v 20. LIST OF SUBCONTRACTORS: COPY SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: Tru-Mark, Inc. 31719 Long Acres Drive Sorrento, FL 32776 Federal I.D.#20-1385712 Contact: Norman Gaines Phone: 352-735-8394 (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor/temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make &model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. Please see attached 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT Please see attached list of references 17 B16-05 Asphalt Paving Projects FY 2016 Have you any similar work in progress at this time?Yes X No Length of time in business 44 years Bank or other financial references: Bank of America,One Federal Street, Boston, MA 02110;Thomas Brennan,Senior Vice President 617-434-4512; Fax 617-346-0077 (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. The Middlesex Corporation protested FDOT E7K24 I-75 @ SR 50 Design Build due to the low bidder's design proposal which was not in accordance with the RFP issued. Middlesex won the protest and was awarded the project January 8, 2016 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated No. Dated No. Dated (remainder of page left blank intentionally) 18 B 16-05 Asphalt Paving Projects FY 2016 r r r. ) i CORPORATION . Major Equipment Available Description QTY Owned ATTACHMENT BUCKETS 2 EXECUTIVE VEHICLE 1 NON REPORTING EQ 1 COMPRESSORS 4 ARROWBOARD 2 ATTACHMENTS 5 EXCAVATOR-MOUNTED VIBE HAMMER 1 24" ROUND SPUD 10 7'SPUD POCKET 12 ATTENUATOR TRUCKS 3 CRANE BARGE 1 WORK BARGE-SMALL 1 8'X 20'STEEL PONTOON BARGE 4 SECTIONAL FLOAT 10'X 20'X5' 6 SECTIONAL FLOAT-10'X 40'X 6 SECTIONAL FLOAT-10 X10'RAKEEND 4 SECTIONAL FLOAT-10'X 20'X 7' 24 SECTIONAL FLOAT-10'X 40'X 7' 47 CRAWLER CRANE-100 TON 1 CRAWLER CRANE- 150 TON 1 CRAWLER CRANE-200 TON 1 CRAWLER CRANE-230 TON 3 CRAWLER CRANE-300 TON 1 DIESEL HAMMER- MEDIUM 2 CAT D6 DOZER 4 CAT D3 DOZER 1 CAT D5 DOZER 2 24 MT TAIL SWING EXCAVATOR 2 CAT 336 EXCAVATOR 4 CAT 349 EXCAVATOR 4 CAT 365C EXCAVATOR 1 MINI EXCAVATOR 1 NE FORKLIFT 4 GENERATOR-30KW 9 GRADER- LARGE 1 50-75,000 FT-LB HYDR IMP PILE 2 CAT 950 4CY WHEEL LOADER 8 LIGHT TOWER 18 � J 1il 4'0) 14 !1 CORPORATION Major Equipment Available Description QTY Owned LUBE TRUCK 3 TRAK RT FORKLIFT 4 MESSAGE BOARD 10 MANHOLE BOX 5 80HP HYDRAULIC POWER PACK 4 60'SNORKEL/BOOM LIFT 6 _ 85' MANLIFT-LARGE 1 NE REGION-NON REPORTABLE 22 LARGE OFFICE TRAILER 2 MEDIUM OFFICE TRAILER 2 SMALL OFFICE TRAILER 5 JUNTTAN PM25 PILE DRIVER 1 TRIAXLE DUMP 12 10 WHEEL DUMP 2 VIBE ROLLER-66" 3 _ VIBE ROLLER-84" 4 ROCK SPLITTER 1 60 TON RT CRANE 1 80 TON ROUGH TERRAIN CRANE 2 RUBBER TIRE BACKHOE 8 WHEEL EXCAVATOR 6 SANDERS 1 _ PORTABLE SCREENER 1 SKID STEER LOADER 1 STONE BOX 5 STONE SPREADER BOX 1 SWEEPER 1 TRENCH BOX 2 LOWBED TRAILER 5 DUMP TRAILER 2 FLAT DECK TRAILER 2 LOWBED TRAILER-SMALL 5 TANK TRAILER 1 TRAILER-5 TON 2 TRAILER-ENCLOSED 7 TRAILER-SMALL 6 TRACTOR 6 550HP TUGBOAT 2 ! CORPORATION I 1 Major Equipment Available Description QTY Owned UTILITY VEHICLE 2 UTILITY/LIGHT TRUCK 43 RACK TRUCK 32 SERVICE TRUCK 26k GVW 1 SERVICE TRUCK 26k GVW FLEET 2 VIBE HAMMER-SMALL 2 VIBE HAMMER- LARGE 1 PULLMASTER H18 SPUD WINCH 8 DIESEL WELDER-SMALL 2 DIESEL WELDER-MEDIUM 10 WORKBOAT 0-150 HP MOTOR 4 WORKBOAT 150+ HP MOTOR 7 4"/6" DIESEL PUMP 5 WATER TRUCK 4 CAT HAMMER 1 EXC. 12,000 LB HOE RAM 1 GRAPPLE 1 3 YARD CLAMSHELL 1 6'6" CAISSON BEAM 1 AG TRACTOR 1 HAMMER 1 ATTENUATOR TRUCK 2 GATOR ATV 1 CONCRETE SCREED 1 DIESEL HAMMER-LARGE 1 CAT D6 DOZER 4 CAT D3 DOZER 1 CAT D5 DOZER 9 24 MT TAIL SWING EXCAVATOR 1 CAT 336 EXCAVATOR 7 CAT 349 EXCAVATOR 2 MINI EXCAVATOR 1 SE FORKLIFT 1 FUEL TRUCK 2 GRADER-SMALL 1 GRADER- LARGE 3 VOLVO L90 3 CY WHEEL LOADER 7 CAT 950 4 CY WHEEL LOADER 5 CORPORATION t t Major Equipment Available Description QTY Owned LIGHT TOWER 9 FORKLIFT 1 ROADTEC RX700 1 ROADTEC RX500 1 60'SNORKEL/BOOM LIFT 1 85' MANLIFT-LARGE 1 SE REGION-NON REPORTABLE 16 NON-REPORTABLE:ALLOCATED 3 8' PAVER 1 10' PAVER 7 MATERIAL TRANSFER VEHICLE 1 STATIC ROLLER 3-5 TON 2 RUBBER TIRE ROLLER 3-5 TON 1 RUBBER TIRE ROLLER- LARGE 2 PUSH BROOM SWEEPER 9 TRIAXLE DUMP 30 10 WHEEL DUMP 1 ASPHALT DISTRIBUTOR TRUCK 3 TOOL TRUCK 4 ROAD WIDENER 1 VIBE ROLLER-66" 1 VIBE ROLLER-84" 10 DOUBLE-DRUM ROLLER 12-15 TON 10 45 TON RT CRANE 1 60 TON RT CRANE 1 RUBBER TIRE BACKHOE 4 WHEEL EXCAVATOR 1 STRIPPING BUGGY 1 SKIDSTEER LOADER 3 SOIL STABILIZER 1 PICKUP TRUCK SWEEPER 3 40 TON ARTICULATED END DUMP 2 LOWBED TRAILER 10 TRAILER- 5 TON 1 CORE DRILLING TRAILER 1 TRAILER-SMALL 2 TRACTOR 4 TRAILER-TACK WAGON 1 CORPORATION 1 11 11_ Major Equipment Available Description QTY Owned UTILITY VEHICLE 6 UTILITY/LIGHT TRUCK 91 RACK TRUCK 16 VIBE HAMMER-SMALL 1 VIBE HAMMER-LARGE 1 WELDER 1 DIESEL WELDER-MEDIUM 1 4"/6" DIESEL PUMP 5 WATER TRUCK 5 WATER WAGON 1 4"/6"TRASH PUMP 1 SWEEPSTER BROOM ATTACHMENT 1 AUGER 1 SWEEPSTER BROOM ATTACHMENT 1 CD CO r 0 N M cr d' jr N N N N CT C1 aD M E O U d M N N N M to O O N ON N _� .,-N (V CO o H a) c a) a) 0 O 0 o cn h > I) N O C E 0 0 E O 0 O O •pOo O LL IJL O LL LJl. 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N N 0 V) C a gl &, C , W O O O O Q cp U/1 ∎-∎ p 0 cl �t d H 0 - Z O O —oi EXHIBIT C BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, The Middlesex Corporation , as Principal, and Travelers Casualty and Surety Company of America as Surety, are hereby held and firmly bound unto the City of Ocoee, Florida, as Owner, in the penal sum of, (5 percent of the Contract Bid) $ five percent(5%) of amount bid (written amount in dollars and cents) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 27th day of June , 2016. 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 B16-05 Asphalt Paving Projects for FY 2016 (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. B13-06 Asphalt Paving Projects 35 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision B 16-05 Asphalt Paving Projects FY 2016 36 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 this signature block. (1) (Indivi• : 's Signature) (Witn-. (2) (Individual's Signature) (Witness) doing business as (SEAL) (Bus'.-ss Address) (Telephone No.) (Florida License No.) B 16-05 Asphalt Paving Projects FY 2016 37 If Bidder is PARTNERSHIP,complete this signature block. (1) (P. - ship Name) (Witne : (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (B • ess Address) (Telephone No.) (Florida License No.) B16-05 Asphalt Paving Projects FY 2016 38 If Bidder is CORPORATION,complete this signature block. The Middlesex Corporation (1) • „ • (Corporation Name) Witnes•. Massachusetts (2) A _ J_ (State of Incorporation) 1, it ' ) By: David Socci (Name of Person Authorized to Sign-See Note 1) (SEAL) Senior Vice President Preconstruction (Title) t ' 4 wiet, d Sig .tu - Robert W. Pereira, II (Corporation President) One Spectacle Pond Road, Littleton, MA 01460 (Business Address) 978-742-4400 CGC061926 CUC05453 (Telephone No.) (Florida License No.) B16-05 Asphalt Paving Projects FY 2016 39 SURETY 'tness: (If agency is not a Corporation) Travelers Casualty and Surety Company of America (Surety Business Name) (1) One Tower Square, Hartford, CT 06183 (Principal Plac- of Bus' ess) (2) (Witness) By: ._i_. AVM urety Agent's ` ure •- . / ee Note 2) Attest: (If Agency is a Corporation) Sandra C. Lopes IN1, F (Surety Agent's Name) ( rporate Stiantsy Signatu ) Witness Attorney-in-Fact,FL Non-Resident License No.W051270 Jean M. Feeney (Surety Agent's Title) (Corporate r% Name) Witness Alliant Insurance Services, Inc. (Business Name of Local Agent for Surety) (Corporate Seal) 131 Oliver Street, 4th Floor, Boston, MA 02110 (Business Address) (617) 535-7200 N/A (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized"Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. B 16-05 Asphalt Paving Projects FY 2016 40 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF MASSACHUSETTS) COUNTY OR CITY OF SUFFOLK COUNTY ) Before me, a Notary Public, personally came Sandra C. Lopes known to me, and known to be the Attorney-in-Fact of Travelers Casualty and Surety Company of America , a Connecticut Corporation, which (Surety Company) (State) executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said Travelers Casualty and Surety Company of Amenca 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 Travelers Casualty and Surety Company of Amenca (Surety Company) Given under my hand and seal this 27th day of June , 2016. g/ailad ' /IL '' '/ (Notary Public) Laurie Rothwell My Commission Expires August 27, 2021 • { ROTHW t ..- ;. Notary Public END OF SECTION 1 commollt xnt of essucHus ET1 My Commission Expires t 27, 2021 B 16-05 Asphalt Paving Projects FY 2016 41 ' WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS, POWER OF ATTORNEY Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. Certificate No. 0 0 6 7 6 2 2 6 3 228579 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint l l Michael J.Cusack,John J.Gambino, icole Roy,Natalie Coneys,Donald H.McCarter,Sandra C.Lopes,Jean M.Feeney,Nicholas Labbe,John . Dechiaro,and Laurie Rothwell of the City of Roston ,State of Massachusetts ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 19th day of April , 2016 . Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Asu ,,.I 1,,.. ie p ..+w G .1( ♦ yFt0.E 4 ne.14...1. 4, J+WSU••`.., 0.IY O?OqP 1� rW°°°°°40 a Qe �,� `JP,..........gq,`'�.L t Y'�yC9SI O Y' Q:• 0' Q 5 n '♦niccepo ED.: n m ��ORPORA>',"i 0 ; ` 1977 - ' z` w- f.`n' < 4D 1951 T� J 0 7 N lass Vy f tiN 0 '4, 4 iy4;*W f G . V."•.. aD `i'7j Y' s..* State of Connecticut By: 'I" City of Hartford ss. Robert L.Raney, enior Vice President On this the 19th day of April 2016 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G`TIT /� V In Witness Whereof,I hereunto set my hand and official seal. G`TAR I (�dJ�► C . My Commission expires the 30th day of June,2016. * PUMA *I Marie C.Tetreault,Notary Public A' C�$ 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insuyance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Cbmpanies this 27th day of June ,20 16 Kevin E.Hughes,Assistant Sec tary 197N 7 r, nN \ fD•t ....� !f m 0°• e°RIl name) Q ioRORog.` Qav o ° FH 1.\ f 14 e 8 Z O I 1954 � a Lo".1 ; 1AINFONO. n .: N a 1896 Z t 41>. 1 AN1 To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER BID#B16-05 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. The Middlesex Corporation 978-742-4400 COMPANY NAME TELEPHONE(INCLUDE AREA CODE) 978-742-4434 FAX (INCLUDE AREA CODE) dsocci @middlesexco.com E-MAIL ADDRESS ARAI% IF REMITTANCE ADDRESS IS DIFFERENT AU'HORI ATURE(manual) FROM PURCHASE ORDER ADDRESS, Da ci PLEASE INDICATE BELOW: Senior Vice President Preconstruction NAME/TITLE(PLEASE PRINT) 10801 Cosmonaut Blvd One Spectacle Pond Road Orlando, FL 32824 STREET ADDRESS Littleton, MA 01460 CITY STATE ZIP FEDERAL ID# 04-2534615 Individual X Corporation Partnership Other(Specify) Sworn to and subscribed before me this 5th day of July ,20 16. Personally Known X or Produced Identification Notary Public-State of Florida (Type of Identification) County of Orange Signatuotary P lic 'iiy�,� EVELYN SERGEANT .,; % MY COMMISSION t FF 901338 EXPIRES:July 19,2019 Printed,typed or sta j;,.' Bonded Thm Notary Public Undeiwriten Commissioned name vcnary ruonc B 16-05 Asphalt Paving Projects FY 2016 46 f./� ` L . j \l _ fl 1 CORPORATION --fi ) t_h_ At a meeting of the Board of Directors of THE MIDDLESEX CORPORATION held on May 17, 2016, at which all the Directors were present or waived notice, it was VOTED, that Robert W. Pereira, Chief Executive Officer; Robert W. Pereira II, President and Chief Operating Officer; Alfred S. Aponas, President Southeast Region; David K. Skerrett, Senior Vice President Construction; David P. Socci, Senior Vice President Preconstruction&Assistant Secretary; Peter J. Martinkus, Senior Vice President Finance, CFO & Secretary; Joshua S. Wernig, Vice President& General Counsel; John P. Cavatorta, Vice President Construction Operations; James M. Wills, Vice President Construction Operations and Mark A. Landry, Vice President Plants; be and they hereby are authorized to execute bids, contracts, bonds, and owners' payment requisitions in the name and on behalf of said Corporation, and affix its Corporate Seal thereto; and such execution of any contract or obligation in the Corporation's name on its behalf by such Chief Executive Officer, President, Vice President, and Secretary under seal of the Corporation, shall be valid and binding upon this Corporation. A true copy ATTEST: v_21:iJ,,„d.-, P- er J. Martinkus Secretary Place of Business: One Spectacle Pond Road Littleton, MA 01460 Date: Mai 1 q i af)l cc) I hereby certify that I am the Secretary of THE MIDDLESEX CORPORATION, that Robert W. Pereira is the duly elected Chief Executive Officer,Robert W. Pereira II is the duly elected President and Chief Operating Officer,Alfred S. Aponas is the duly elected President Southeast Region, David K. Skerrett is the duly elected Senior Vice President Construction,David P. Socci is the duly elected Senior Vice President Preconstruction& Assistant Secretary, Peter J. Martinkus is the duly elected Senior Vice President Finance, CFO & Secretary, Joshua S. Wernig is the duly elected Vice President& General Counsel, John P. Cavatorta is the duly elected Vice President Construction Operations, James M. Wills is the duly elected Vice President Construction Operations and Mark A. Landry is the duly elected Vic e President Plants of said Corporation, and that the above vote has not been amended or rescinded and remains in full force and effect as of this da . , aft Vii/ 'eter J. artinkus Secretary One Spectacle Pond Road, Littleton, MA 01460 • Tel: 978-742-4400 • Fax: 978-742-4434 COMMITTED TO SAFETY AND QUALITY I� - , 1 5--�)1 _A CORPORATION )i Officers and Board Members of The Middlesex Corporation Corporate Office: One Spectacle Pond Road Littleton, MA 01460 Name Title Office Robert W.Pereira Chief Executive Officer One Spectacle Pond Road,Littleton,MA 01460 Robert W.Pereira II President&Chief Operating Officer One Spectacle Pond Road,Littleton,MA 01460 Alfred S.Aponas President Southeast Region 10801 Cosmonaut Boulevard,Orlando,FL 32824 David K. Skerrett Senior Vice President Construction One Spectacle Pond Road,Littleton,MA 01460 David Socci Senior Vice President Preconstruction& One Spectacle Pond Road,Littleton,MA 01460 Assistant Secretary Peter J.Martinkus Senior Vice President Finance, CFO& One Spectacle Pond Road,Littleton,MA 01460 Secretary Joshua S.Wernig Vice President&General Counsel One Spectacle Pond Road,Littleton,MA 01460 John P. Cavatorta Vice President Construction Operations One Spectacle Pond Road,Littleton,MA 01460 James M.Wills Vice President Construction Operations 10801 Cosmonaut Boulevard,Orlando,FL 32824 Mark A.Landry Vice President Plants _ 10801 Cosmonaut Boulevard,Orlando,FL 32824 Attachment A The Middlesex Corporation Prequalification Certificates, Licenses and Affirmative Action Plan State of Florida Department of State I certify from the records of this office that THE MIDDLESEX CORPORATION is a Massachusetts corporation authorized to transact business in the State of Florida, qualified on February 12, 1991. The document number of this corporation is P32795. I further certify that said corporation has paid all fees due this office through December 31, 2016, that its most recent annual report/uniform business report was filed on January 12, 2016, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twelveth day of January, 2016 16N atrJA r3`- r Secretary of�S` ate R^--A. Tracking Number: CU8431817175 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 7i& 63 .0 0 gl 04 A 0 A i' , 41 ,, ` V to /.J' ii& ffa6sac� aett& 02/33„ William Francis Galvin Secretary of the Commonwealth Date:June 06, 2016 To Whom It May Concern : I hereby certify that according to the records of this office, THE MIDDLESEX CORPORATION is a domestic corporation organized on January 23, 1974 , under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend- ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution;that articles of dissolution have not been filed by said corporation;that, said cor- poration has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. S.�#�.°°S In testimony of which, S)'° °°°°°°°°° I have hereunto affixed the w�°° � IGrl `�'' °°. Great Seal of the Commonwealth moo oG WE c4E .,'4 on the date first above written. xoo o°� /. .01% lar/1/44ito _ If giD\ Secretary of the Commonwealth Certificate Number: 16069775290 Verify this Certificate at:http://corp.sec.state.ma.us/CorpWeb/Certificates/Verify.aspx Processed by: tad oFT;'-., STATE OF FLORIDA / '-�_�=' '' - 9`'_, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION E -� CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 PEREIRA, ROBERT WILLIAM II (THE) MIDDLESEX CORPORATION ONE SPECTACLE POND RD LITTLETON MA 01460 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range e' STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque restaurants, `� DEPARTMENT OF BUSINESS AND and they keep Florida's economy strong. � � PROFESSIONAL REGULATION Every day we work to improve the way we do business in order to CGC061926 ISSUED: 06/04/2014 serve you better. For information about our services,please log onto www.myfloridalicense.com. There you can find more information CERTIFIED GENERAL CONTRACTOR • about our divisions and the regulations that impact you, subscribe PEREIRA, ROBERT WILLIAM II to department newsletters and learn more about the Department's THE MIDDLESEX CORPORATION initiatives. ( ) 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, IS CERTIFIED under the provisions of Ch.489 FS. and congratulations on your new license! Expiration date•AUG 31,2016 L1406040001712 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 1 �. _ ,�� CONSTRUCTION INDUSTRY LICENSING BOARD �� ,4 LICENSE NUMBER ,� i CGC061926 „� „ { The GENERAL CONTRACTOR ' -°,"- .',�• y Named below IS CERTIFIED Under the provisions of Chapter 489 FS. - . Expiration date: AUG 31, 2016 ❑. 4,. .. ❑PEREIRA, ROBERT WILLIAM II (THE) MIDDLESEX CORPORATION ONE SPECTACLE POND RD F ,,' ��. LITTLETON MA 01460 A ' 41 . .'IL;kill ISSUED: 06/04/2014 DISPLAY AS REQUIRED BY LAW SEQ# L1406040001712 7•0"-, ,,, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 PEREIRA, ROBERT WILLIAM II (THE) MIDDLESEX CORPORATION ONE SPECTACLE POND RD LITTLETON MA 01460 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range � STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque restaurants, ) DEPARTMENT OF BUSINESS AND and they keep Florida's economy strong. ` y p y 9' PROFESSIONAL REGULATION Every day we work to improve the way we do business in order to CUC057453 ISSUED: 06/04/2014 serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information CERT UNDERGROUND&EXCAV CNTR about our divisions and the regulations that impact you, subscribe PEREIRA, ROBERT WILLIAM II to department newsletters and learn more about the Department's initiatives. (THE) MIDDLESEX CORPORATION 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, IS CERTIFIED under the provisions of Ch.489 FS. and congratulations on your new license! Expiration date : AUG 31,2016 L1406040001795 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ilk CONSTRUCTION INDUSTRY LICENSING BOARD - LICENSE NUMBER W _ CUC057453 The UNDERGROUND UTILITY& EXCAVATION CO Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 PEREIRA, ROBERT WILLIAM II ' ib 0 (THE) MIDDLESEX CORPORATION `1+ _ r;.� ONE SPECTACLE POND RD '1'1-1- ''II LITTLETON MA 01460 rj CI • 'Ii. •�`. ISSUED: 06/04/2014 DISPLAY AS REQUIRED BY LAW sat# L1406040001795 Cy L CO L_ U •`C .` c _O O al LLL LL M CO Cn n C o p E O C ° N r � N 00 r p p O O o O ✓ ' 0 � V 'm C• ° C ° Lam. v L a- 0 CC> n O ' O y 0 wW-J r 2000(. an d co d d Z<co CC Q o o ° a w owz d.+ 2 O .F+ 2 O = U LL _0' 0 m O. � m W Li,O p (.) . H 0 W W J �Np (� u A tx QZO a) c 2U` CO r.;.. CD c a Q ao� c ' ~¢I- v 0/ c4-' a Q°O o co�C ° W O z ; X ° d VI if/r, W i EL o QIZOg d ° 001 .n cc C w QI— aofr ° = J o m `m w QoO ..., t`o _ = t C - a)To m w m wW > _ • _ _ v m r0 e -; 'V�` m maw (C x11. (0 ` o G. nJ. A 3 To J o E 0 J o co E 0 l/�/� 0 N > a) >>. N c a c 0. yny O 0 `O U) p U 0 L 0 _c 0 1. a.) o o "" v o o N _V c � O V C O f1 N '- IA N T. c d O 0 0 c aO 000 N — O 000 co O O O N 0.0 0 CO o N V O rn 4k, N. 0 0 U)U) t` �w 744 -6° O N x v o N co 2 'D CO V Co Tri O �"" C > > 9 > > CO m V O) y _N m C 9 °' a D CON p O. O. Q m O ° U Q Q N O fl. u a) Q Q N O O m 0 Q. Z t7 O ° ` 0 a Z el N ZTV x _ t > r W 0 0" Q o x 0 z O A c 5 J lj 0 p o Q O C N 1- < gym co z o C N I- ¢ ' u)Z 6 CU C N d -J OJ �U L eF>O N d Q� oQ-+ Vi • ` -W - oO J> o0 Q° 1- F-� d m co Oa0 0 co ° o : a_O 0 � O o m FD01 Florida Department of Transportation RICK SCOTT 605 Suwannee Street JIM BOXOLD GOVERNOR Tallahassee,FL 32399-0450 SECRETARY May 23, 2016 MIDDLESEX CORPORATION (THE) ONE SPECTACLE POND RD LITTLETON MA 01460 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2017. However, the new application is due 4/30/2017. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: https://www3.dot.state.f l.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: BASCULE BRIDGE REHABILITATION, DRAINAGE, FLEXIBLE PAVING, GRADING, HOT PLANT- MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MAJOR BRIDGE - BASCULE SPANS, MAJOR BRIDGE - BRIDGES OF CONVENTIONAL CONSTRUCTION WHICH ARE OVER A WATER OPENING OF 1,000 FEET OR MORE, MAJOR BRIDGE - CONCRETE SEGMENTAL CONSTRUCTION, MAJOR BRIDGE - CURVED STEEL GIRDERS, MAJOR BRIDGE - MULTI-LEVEL ROADWAYS, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, WATER MAINS, SEWER, PUMPING STATONS, MARINE CONSTRUCTION, STREETSCAPE IMPROVEMENT, SOIL ANCHORS, CONCRETE RETAINING WALLS, RAILROAD CONSTRUCTION. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041 (3) , Florida Administrative Code (F.A.C. ) , by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. www.dot.state.fl.us MIDDLESEX CORPORATION (THE) May 23, 2016 Page Two 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, Digitally signed by Alan D Autry DN:c=US,o=ldenTrust ACES Business Representative, Alan D Autry oo�O fi9200300.700.1r11=A01097C0000014DE2B7391B Date:2016.0524 08:11:47-04'00' Alan Autry, Manager Contracts Administration Office AA:cj Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY September 30, 2013 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. West: The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: THE MIDDLESEX CORPORATION 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, ( 4- Michael Klump Investigations & Compliance Manager Equal Opportunity Office AFFIRMATIVE ACTION PLAN EXPIRATION: September 30, 2016 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. www.dot.state.fl.us Aco® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) `■-•"--- 6/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Christie Geiger First Niagara Risk Management, Inc PHONE (A/C.No.Est): (716)819-5500 FAX (A/C,No):(716)819-5140 726 Exchange Street Suite 900 A'DD RIESS:christie.geiger @fnrm.com INSURER(S)AFFORDING COVERAGE NAIC# Buffalo NY 14210 _INSURERA:Zurich American Insurance 16535 INSURED INSURER B INSURER C: The Middlesex Corporation INSURERD: 1 Spectacle Pond Road INSURERE: Littleton MA 01460 _INSURER F: COVERAGES CERTIFICATE NUMBER:16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR ' POLICY EFF POLICY EXP INSR WVD POLICY NUMBER IMM/DD/YYYY)_(MM/DD/YYYY), LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 1,000,000 A CLAIMS-MADE X OCCUR X X GLO 0381369 01 7/1/2016 7/1/2017 MED EXP(Any one person) $ 10,000 X XCU Included PERSONAL&ADV INJURY $ 2,000,000 X Contractual Liability GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 7 POLICY I C I Ira: 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BAP 0381370 01 BODILY INJURY(Per person) $ A ALLOWNED SCHEDULED X X 7/1/2016 7/1/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X A UTO WNED PROPERTY DAMAGE(Per accident) X $250 Comp/$500 Coll ded Physical Damage $ ACV UMBRELLA LIAB — OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X X Y/N WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY OMITS_ ER ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? WC 0381368 O1 7/1/2016 7/1/2017 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT._$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Certificate Holder is an Additional Insured on a primary and non-contributory basis in regard to the above General Liability and Automobile Liability and a waiver of subrogation applies to the General Liability, Automobile Liability and Workers Compensation to the extent covered by endorsement form(s) U-GL-1175-F CW Edition date 04/13, U-CA-424-E NY Edition date 04/11, U-GL-1345-B CW Edition date 04/13, WC000313 Edition date 04/84. 30 days notice of cancellation will be provided to the above coverages when required by executed contract except in the event of non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PROOF OF COVERAGE AUTHORIZED REPRESENTATIVE M Bonetto/CGEIGE �°° �� a ACORD 25(2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. INSn25 nmmnnn)01 Tha A!_r1Rfl name+and Innn arm rmnictmrmri marks of ArrlPfl ACC) °® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alliant Insurance Services, Inc. PHONE FAX 200 S Wacker (A/C,N;Fxt)•312.546.5624 (A/C.No): Suite 3030 E-MAIL TMCcerts@Alliant.com TMCcerts@Alliant.com Chicago IL 60606 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins Co Pittsbur 19445 INSURED INSURER B: The Middlesex Corporation INSURER C: One Spectale Pond Rd Littleton, MA 01460 INSURER D: INSURER E: _INSURER F: COVERAGES CERTIFICATE NUMBER:886958720 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER JMM/DD/YYYYUMM/DDIYYYY), LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ _ PERSONAL&ADV INJURY _ $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ _ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ AUTOS�ED SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED PRJPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident) A UMBRELLA LIAB X OCCUR Y Y BE019660609 7/1/2016 7/1/2017 EACH OCCURRENCE $25,000,000 _ X EXCESS LIAB CLAIMS-MADE AGGREGATE $25,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yyes describe under DESG�RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ry, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD IrrL SEX Corporation DRUG AND ALCOHOL FREE WORKPLACE POLICY POLICY The Middlesex Corporation performs in a highly competitive, safety sensitive industry. To ensure that this service is delivered safely, efficiently and effectively, each company employee has the responsibility to perform his/her duties in a safe, conscientious and courteous manner. This policy establishes guidelines to maintain a drug and alcohol-free workplace and to reduce the probability of accidents or incidents related to the use and/or abuse of alcohol and other drugs by employees. This policy outlines the principles as a means to achieve the company's goal of providing a workplace free from the effects of drug and alcohol use and/or abuse for its employees. All employees are required to refrain from using drugs and alcohol as described below in the fitness for duty section. REQUIRED TESTING You are advised that the company will conduct the following types of drug tests for those drugs identified by brand names, or common names, as well as chemical names in Exhibit "A" attached to this policy: • Job Applicant Testing(Pre-Placement). Job applicants will be tested for the presence of drugs. • Return from Extended Leave Testing Employees who return to work from leaves in excess of 30 days, regardless of reason for such leave, shall be required to successfully complete a Pre-Placement Test before being permitted to return to work. • Reasonable Suspicion Testing(Reasonable Cause). If there is a reasonable suspicion that any employee is using, or has used, drugs in violation of company's policy, drug testing will be required. Testing under this provision may be conducted if: - You are observed using drugs; - Exhibit symptoms or manifestations of being under the influence of drugs; - Exhibit abnormal conduct or erratic behavior while at work; Drug Free Workplace Page#1 Revised:2/3/10 - There has been a significant deterioration in your work performance; - You have been reported using drugs by a reliable and credible source, which has been independently corroborated; - You tamper with any drug test during your employment with the company; - You cause or contribute to an accident while at work; - Where there is evidence that you used, possessed, sold, solicited, or transferred drugs while working for the company or while on our premises while operating our vehicles, machinery or equipment. • Fitness For Duty The company has determined that an employee is fit for duty when he/she is unequivocally able to perform his/her duties, including when he/she is ready for work or working without the presence of any alcohol or the presence of any specified drugs or their metabolites as prescribed by this Drug-Free Workplace Policy. All employees are prohibited from consuming alcohol eight (8) hours prior to performing a work function and during the entire work shift. • Routine Fitness For Duty Testing Drug Testing shall be a part of a routinely scheduled employee fitness-for-duty medical examination. This examination may be held routinely for all persons employed with this company or by employment classification or group. • Periodic Announced Testing Periodic announced testing occurs when employees are given advance notice of the date and time that testing will take place. A 24-hour notice will be given to all employees. This testing may be required of all persons employed by this company, or by employment or classification or group. • Follow-up Testing If during your employment with this company, you enter into an employee assistance program for drug-related problems, or an alcohol or drug rehabilitation program, you will be required to submit to drug testing as a follow-up to such a program. This testing will be performed on a quarterly, semiannual or annual basis for up to two (2) years thereafter. • Specific Requirements -Drug Free Workplace Act of 1988 An employee directly engaged in the performance of work done in connection with a Drug Free Workplace Page#2 Revised:2/3/10 specific grant as identified by the Drug-Free Workplace Act of 1988 will be required to sign a statement that he/she has read and understands the terms of this policy. Specifically: - The employee will be required to submit to pre-placement testing for substance abuse. - The company may require the employee to be tested for substance abuse in the event the company has a reasonable basis to believe the employee may be involved in substance abuse. - The employee will be subject to random testing if engaged in a safety sensitive position such as operation of equipment, driving over the road, and/or use of any tools or company vehicles. - Any employee refusing to be tested for substance and/or alcohol abuse in accordance with the above terms shall be immediately removed from the safety sensitive position. - Employees who refuse to be tested or test positive in a field administered test with a positive confirmation test, will be subject to one of the following actions as determined by the company: - Termination of employment; or - Disciplinary probation requiring satisfactory participation in a substance abuse rehabilitation program approved by the company's Safety Officer. - Upon completion of participation in a substance abuse rehabilitation program and a negative test result for controlled substances, the employee may be given an opportunity for reinstatement. Reinstatement will be considered on a case-by-case basis. • The employee will be required to notify The Middlesex Corporation Safety Director immediately of any criminal drug statute conviction for a violation while working for the company. • Upon receipt of above notification, the company will take one of the following actions within thirty(30) days: - Appropriate disciplinary action up to and including termination; - The requirement that such employee satisfactorily participate in an approved substance abuse rehabilitation program. Drug Free Workplace Page#3 Revised:2/3/10 PROJECT AND FACILITY INSPECTIONS All project sites, fixed facilities, Company vehicles and personal vehicles used for Company business may be subject to inspection by TM Safety Department staff at any time as part of a TM Loss Control/Safety Inspection. If during the course of such inspections illegal drugs and/or alcohol the following procedures shall be followed: 1. Illegal drugs and/or paraphernalia or items that resemble illegal drugs shall be confiscated immediately. The materials will be placed into a plastic bag and sealed in the presence of the ranking management employee available at the place of confiscation. If the source and/or custodian of the materials are known and a TMC employee, arrangements will be made immediately for a drug test according to the Reasonable Suspicion Testing requirements of this program. 2. The local police department will be contacted and advised that the materials were found and that an officer is requested to visit the location and take custody of the materials. Upon arrival of the police officer the sealed bag will be handed over to the officer. In the event that the local police department wishes to open an investigation it is TMC's policy to cooperate fully in such investigations. 3. If alcohol is found during the course of an inspection its disposition will be as follows: • Opened containers of known or unknown or known origin will be confiscated and the contents immediately disposed of by the Safety Officer conducting the inspection. • Unopened containers of unknown origin will be confiscated and disposed of immediately by the Safety Officer conducting the inspection. • Unopened containers of known origin will be confiscated until the end of the work day at which time they will be returned to the individual to whom they belong. The individual will be instructed to remove the material from Company premises and advised that it is not to be brought back to the place of business. The custodian of the material will be subject to Breath Alcohol Testing according to the Reasonable Suspicion Testing requirements of this program. D.O.T.REQUIREMENTS Specific Requirements: D.O.T./F.H.A. Regulations 49 CFR, Parts 382 et al. Specific requirements for all substance abuse testing of eligible drivers who operate commercial motor vehicles that require C.D.L. license include: • Pre-Employment • Post Accident • Post Rehabilitation • Reasonable Cause Drug Free Workplace Page#4 Revised:2/3/10 • Random • Return To Duty Drivers who are determined to have a positive test result at any time are considered to be medically unqualified to drive and will be removed from service. The individual will be provided with information materials where the individual can receive help and/or rehabilitation. Employees, who have been released from employment either permanently or on probationary leave, must achieve a negative test result before being given the opportunity for reinstatement. Implementation of alcohol and controlled substance testing is effective as of 1/1/95. Drivers who are known to have engaged in prohibited behavior, with regard to alcohol misuses or use of controlled substances, are subject to the following consequences: - Drivers shall not be permitted to perform safety-related functions (i.e. driving company vehicles, etc.) - Drivers shall be advised, by the company, of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of controlled substances. - Drivers shall be evaluated by a substance abuse professional (SAP), who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. - Before a driver returns to duty requiring performance of a safety-related function, he/she shall undergo a return-to-duty alcohol test with a result indicating a breath alcohol level of less than 0.02 and/or a controlled substance test with a verified negative result. - In addition, each driver identified as needing assistance in resolving problems associated with alcohol or controlled substances shall be evaluated by a SAP to determine that the driver has followed the rehabilitation program prescribed. - The driver shall also be subject to unannounced follow-up alcohol and controlled substance testing. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least six (6) tests in the first twelve (12) months. - Following completion of rehabilitation programs, reinstatement will be considered on a case-by-case basis. Drug Free Workplace Page#5 Revised:2/3/10 • Refusal to submit to testing. Refusal to submit to an alcohol/drug test may be the basis for refusal to hire. If already hired, such refusal will preclude further employment with The Middlesex Companies. EMPLOYEE ASSISTANCE,ALCOHOL AND DRUG REHABILITATION PROGRAMS You are advised that,within this community,there are employee assistance programs and alcohol and drug rehabilitation programs. The names, addresses, and telephone numbers of these agencies are as follows: National The National Clearinghouse for Alcohol and Drug Information (NCADI) is a toll free service funded by the federal government. NCADI's information specialists will help you find information on all aspects of substance abuse from videos and prevention materials, to specific program descriptions, resources in your state, and the latest research results. Many publications and educational materials are available free from NCADI(1-800-729-6686). Local -Massachusetts National Institute on Drug Abuse Help Line (800) 662-4357 Alcohol &Drug Information and Referral Hotline (800)454-8966 Alcohol Abuse Hotline (800)ALCOHOL Alcoholics Anonymous (617) 426-9444 Massachusetts Drug &Alcohol Hotline (800) 327-5050 Governor's Alliance Against Drugs (617) 727-0786 Local—Florida Alcoholics Anonymous (407) 521-0012 Drug Free Workplace Page#6 Revised:2/3/10 National Institute on Drug Abuse Help Line (800) 662-4357 Drug Abuse&Addiction Information&Treatment Orange and Seminole Counties (407) 740-6500 Osceola County (407) 870-2900 Florida Hospital Center for Behavioral Health (407) 303-8533 State of Florida Alcohol/Drug Abuse &Mental Health Services (407)245-0420 EDUCATION The company will provide an education and training program for all employees and management/supervisory personnel. Employees and managers/supervisors will be required to attend a drug-free workplace awareness seminar that discusses the effects and consequences of substance abuse on personal health, safety, and the work environment, as well as the penalties that may be imposed for substance abuse violations. Employees may be referred for counseling to deal with the manifestations and behavioral causes that may indicate a substance abuse problem. Counseling and rehabilitation through employee assistance programs are available through a referral. POSITIVE (NON-NEGATIVE) TEST RESULTS The following procedures shall apply to any prospective/current employee whose drug test indicates a positive, non-negative test result(Note: These procedures apply only to Instant Technologies iCup Tests administered by employees of The Middlesex Corporation. The same procedures will be followed for tests administered by medical facilities with the exception of numbers 2 and 3 as the individual medical facilities will use their own laboratories and MRO.) 1.The sample container will be sealed and signed by the employee in the presence of the individual performing the test. 2. The sample will be placed in the provided shipping container and shipped to Northwest Drug Testing for confirmatory testing. 3. The sample results will be reviewed by the Medical Review Officer and reported to The Middlesex Corporation Safety Director and the employee. Drug Free Workplace Page#7 Revised:2/3/10 4.During the time that the confirmatory testing is being performed,the employee will be removed from the workplace and will not be paid for the time off. 5. If the confirmatory testing yields a negative result,the employee will be returned to duty with back pay for the time off. CONTESTING DRUG TESTING RESULTS If you receive a positive confirmed drug test result, you have the right to legally or administratively contest the result or explain the result to the Safety Director in charge of the employees' drug test program for the company: This must be done within four(4)working days (72 hours) after you are given notification of a positive confirmed drug test result. You have the right to consult the testing laboratory for technical information regarding prescription and non-prescription medication or in regard to other information you desire regarding your test. You shall have the right to a copy of the drug test results upon request, and to have a portion of any sample or specimen retested, at your expense, at another laboratory licensed and approved by the Department of Health and Rehabilitative Services, chosen by you. This testing must be performed within four(4) days(72 hours) after written confirmation of a positive test result. The second laboratory must test, at equal or greater sensitivity, for the drug in question as the first laboratory. The first laboratory shall be responsible for the transfer of the portion of the specimen to be retested, and the integrity of the chain of custody during such transfer. CONFIDENTIALLY You are advised that all information, interviews, reports, statements, memoranda and drug test results, written or otherwise received by the employer through these drug testing programs, are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with Section 440.102, Florida statutes, or in determining the compensability of workers' compensation claims. The Middlesex Corporation, any laboratory, employee assistance program, drug and alcohol rehabilitation programs or their agents who receive or have access to information concerning drug test results shall keep all information concerning drug test results confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the employee, unless such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. Information on drug test results shall not be released or used in any criminal proceedings against you as an employee or applicant for employment. Information released contrary to Drug Free Workplace Page#8 Revised:2/3/10 this section shall be inadmissible as evidence in any criminal proceeding. However, The Middlesex Corporation, an agent of The Middlesex Corporation, or the laboratory conducting a drug test shall not be prohibited from releasing any such information when consulting with legal counsel in actions brought under or related to Section 440.102, Florida statutes, or when such information is relevant to its defense in a civil or administrative matter. The company is committed to the safety and well being of both its employees and the community. This policy is subscribed to and enforced by all levels of management and supervisory personnel. Drug Free Workplace Page#9 Revised:2/3/10 ATTACHMENT"A" DRUGS WHICH WE WILL TEST FOR Chemical Name Common Street Name Brand Name Alcohol Various Booze,Grog,Hootch None Amphetamines Biphetamine,Desoxyn,Dexedrene?"A"'s, Bipletomine,Desoxyn "Mollies","Whites","Speed","Hearts" Methaphnetamines Cannabinoids/ "Weed","Pot","Grass","Dope" None Marihuana(green leafy) Cocaine "Coke","Snow","Snow Candy","White Lady", None In rock form"Crack" Opiates Heroine,Codeine,Percocet,Percodan, Morphine,Tylenol with Codeine Morphine,Demerol Drug Free Workplace Page#10 Revised:2/3/10 ATTACHMENT "B" REPORTING OF PRESCRIPTION OR NON-PRESCRIPTION MEDICATIONS Employees and job applicants have the right to report to the employer the use of prescription or non-prescription medications both before and after being tested. Certain drugs may alter or affect a drug test. Such reports shall be made to the Safety Director. A list of such medications by brand name or common name, as well as by chemical name, where applicable, as developed by the Department of Health and Rehabilitation Services is attached. In the space provided below, please list all medications that you have taken which in your opinion might or will alter or affect a drug test. Your statements, written or otherwise, in regard to information provided pursuant to this paragraph, shall be held strictly confidential, unless you specifically authorize the release of this information. Drug Free Workplace Page#11 Revised:2/3/10 ATTACHMENT"C" OVER THE COUNTER AND PRESCRIPTION DRUGS WHICH COULD ALTER OR AFFECT THE OUTCOME OF A DRUG TEST ALCOHOL All liquid medications containing ethyl alcohol(ethanol). Please read the label for alcohol content. As an example,Vicks Nyquil is 25%(50 proof)ethyl alcohol; Comtrex is 20%(40 proof);Contac Severe Cold Formula Night Strength is 25%(50 proof)and Listerine is 26.9%(54 proof). AMPHETAMINES Obetrol,Biphetamine,Desosyn,Dexedrine,Didrex BARBITUATES Phenobarbital,Tuinal,Amytal,Nembutal,Seconal,Lotusate,Fiorinal,Fioricet,Esgic,Butisol,Mebaral, Butabarbital,Butabital,Phrenilin,Triad,etc. BENZODIAZEPINES Atavan,Azene,Clonopin, Salmane,Diazepam,Librium,Xanax,Serax,Tranzene,Valium,Verstram,Halcion, Paxipam,Restoril,Centrex CANNABINOIDS Marinol(Dronabinol,THC) COCAINE Cocaine HCI topical solution(Roxanne) METHAQULONE Not legal by prescription OPIATES Paregoric,Parepectolin,Donnagel PG,Morphine,Tylenol with Codeine,Empirin with Codeine,Robitussin AC, Giatuss AC,Novahistine DH,Novahistine Expectorant,Diluadid(Hydromorphene),M-S Contin and Roxanol (morphene sulfate),Percodan,Cicodin,etc. PHENCYCLIDINE Not legal by prescription PROPDXYPHYENE Darvocet,Darvon N,Dolene,etc. Drug Free Workplace Page#12 Revised:2/3/10 EMPLOYEE ACKNOWLEDGMENT FORM By the signing of this statement,I understand The Middlesex Corporations'Drug Testing Program and consent to its terms. I understand that the use,possession,sale,being under the influence of or distribution of alcohol,drugs,or controlled substances in the workplace is strictly prohibited. I also understand that the presence of such substances in my system during work hours places unacceptable risks and burdens on the safe and efficient operation of this site and consequently is strictly forbidden. I further acknowledge that the company has presented its Drug Free Awareness Education Program concerning the dangers of drug abuse in the workplace. I further understand that the program has been publicly posted in an appropriate and conspicuous place on the employer's premises and company's Human Resources office or other designated place during regular business hours. By the signing of this agreement,I herewith acknowledge that I have read this form and fully understand my rights,duties and obligations under this Drug Free Workplace Program. I further understand that the company can discipline me for violation of rules relating to being under the influence of or any possession,use,sale or solicitation of drugs,including conviction for drug related offenses and can terminate my employment or deny employment for such conduct. IN WITNESS WHEREOF,I have hereunto set my hand and seal on this day of ,20_ Witness Applicant for Employment or Employee This is to certify that I have explained this form and the employer's Drug Free Workplace Program to the above listed employee or applicant for employment. He/She has acknowledged to me that he/she has read this form and understands its contents. If he/she cannot read,he/she has advised me of this fact and I have personally read this form to him/her. In addition,I have verbally explained the contents of this form and all aspects of the employer's Drug Free Workplace. Print Name Signature Drug Free Workplace Page#13 Revised:2/3/10 CONSENT FOR DRUG/ALCOHOL SCREENING I, ,willingly agree to submit my blood and/or urine and/or (Name of patient) Breath for a screening test to determine the presence of drugs and/or alcohol. By signature below, I authorize the release of these drug/alcohol-screening results to (Name of Company) and Health Resources designated laboratory. (Signature) (Witness) (Date) The only prescription or non-prescription drugs that I have taken during the past 30 days are as follows: FOR D.O.T.TESTING,PLEASE CHECK WHICH AGENCY APPLIES: • Federal Highway Administration(FHWA): Y Is a C.D.L. license required for your job? Yes Y No Y • Federal Railroad Administration(FRA): Engine Service Y Dispatch/Operator Y Train Service Y Signal Service Y • Research&Special Project Administration(RSPA)Pipeline Y • Federal Aviation Administration(FAA) Y • Federal Transit Administration(FTA) Y • U.S.Coast Guard(USCG) Y Drug Free Workplace Page#14 Revised:2/3/10 Mayor Commissioners Rusty Johnson John Grogan, District 1 / Rosemary W , itit City Manager Richard Firstnerilsen, DistrDsrict c 3 2 Robert Frank Joel F. Keller, District 4 OCOPP florida CITY OF OCOEE INVITATION TO BID #B16-05 ASPHALT PAVING PROJECTS FOR FY 2016 City of Ocoee • 150 N Lakeshore Drive•Ocoee, Florida 34761 phone:(407)905-3100•fax: (407)905-3194•www.ocoee.org TABLE OF CO ENTS FOR BID #B16-0 . ASPHALT PAVING PROJECT I ' 21 $ BID DOCUMENTS Section Page Legal Advertisement 3 Bid Instructions 4 - 6 General Terms & Conditions 7 - 18 List of Subcontractors*,p. 17 Equipment Listing*,p. 17 References/Experience*,p. 17 Summary of Litigation*,p. 18 Acknowledgement of Addenda*,p.18 SCOPE OF WORK, BID FORM,AND PLANSHEETS Section Page Exhibit A—Scope of Work 19-26 Change Order Form 27-29 Payment Application Form 30-31 Exhibit B—Bid Form* 32-34 Exhibit C—Bid, Performance, and Payment Bond Forms 35-45 Company Information and Signature Sheet* 46 Exhibit D — Plan sheets C1-C3, also available as a .pdf attachment on Demandstar 47 *Submit with Bid End Table of Contents 2 B 16-05 Asphalt Paving Projects FY 2016 Invitation to Bid, Legal Advertisement The City of Ocoee, Florida, (the "City") is soliciting sealed bids for the following project: BID #B16-05 ASPHALT PAVING PROJECTS FOR FY 2016. Bids will be received at the office of Joyce Tolbert, CPPB Purchasing Agent, Finance Department/Purchasing, Second Floor, 150 North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on July 5, 2016. Bids received after that time will not be accepted under any circumstances. Sealed Bids that have been timely received will be publicly opened and read aloud at that time. No pre-bid conference is scheduled at this time. Prospective bidders may secure a copy of the documents required for submitting a bid through Onvia/DemandStar by accessing the City's website at http://www.ocoee.org under the "Businesses/Working with the City" section. Partial sets of the documents required for submitting a bid will not be issued. By using Onvia/DemandStar, prospective bidders will be provided with all addendums and changes to the project requirements. Membership with Onvia/DemandStar is not required to submit a bid; fees may apply for non-members. Persons other than prospective bidders may inspect the documents required for submitting a bid at the Ocoee City Hall City Clerk's Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City Clerk's office that request copies will be required to pay a fee as prescribed by statute. Melanie Sibbitt, Acting City Clerk, June 5, 2016. 3 B 16-05 Asphalt Paving Projects FY 2016 CITY OF OCOEE INVITATION TO BID #B16-05 ASPHALT PAVING PROJECTS FOR FY 2016 INTENT: Sealed bids for Bid #B16-05 will be received by the City of Ocoee, hereinafter called "City" or "Owner," by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter called "Bidder". The proposed Contract will be for the labor, supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for FY 2016 for roads within Ocoee Hills Subdivision and Brentwood Heights Subdivision, Leslie Ann Lane (from Sal St. to Nicole Blvd.) and Lady Avenue (from Ursula St. to Nicole Blvd.), in the City of Ocoee, as listed under the "Scope of Work/Bid Form" section of this Invitation to Bid. BIDDING INSTRUCTIONS: A. Each Bidder shall furnish the information required on the bid form supplied and each accompanying sheet thereof on which an entry is made. Bids submitted on any other format shall be disqualified. Please check your prices before submission of bid, as no changes will be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use pencil. No erasures are permitted. Mistakes may be crossed out and the correction typed adjacent and must be initialed and dated by the person signing the bid. Bid documents must be signed by a legally responsible representative, officer, or employee and should be properly witnessed and attested. All bids should also include the name and business address of any person, firm, or corporation interested in the bid, either as a principal, member of a firm, or general partner. If the Bidder is a corporation, the bid should include the name and business address of each officer, director, and holder of 10%or more of the stock of such corporation. B. Any questions or concerns regarding this bid should be addressed in writing to the Finance Department/Purchasing, City of Ocoee, FL, Attention: Joyce Tolbert, CPPB, Purchasing Agent (407) 905- 3100, extension 1516, fax (407)905-3194, or email preferred jtolbertia`ci.ocoee.fl.us , and must be received not later than 2:00 P.M. on June 28, 2016. Any clarifications/changes will be made by way of written addenda only, issued by the Finance Department/Purchasing. Bidders should not contact other City staff or other City consultants for information before the bid award date. Any contact with any other member of the City Staff, City Commission, or its agents during this time period may be grounds for disqualification. C. This bid must be received as one (1) original and two (2) copies, of the required submittals only, by the Finance Department/Purchasing not later than 2:00 P.M., local time, on July 5, 2016. Bids received by the Finance Department/Purchasing after the time and date specified will not be considered, but will be returned unopened. "Postage Due" items will not be accepted. Bids transmitted by fax or e-mail will not be accepted. Bids shall be delivered in a sealed envelope, clearly marked with the bid number, title, and opening date and time to: City of Ocoee Finance Department/Purchasing Attention: Joyce Tolbert, CPPB, Purchasing Agent 150 N Lakeshore Drive Ocoee, FL 34761-2258 D. Bids will be publicly opened and read aloud in the Ocoee City Hall Conference Room, 150 N. Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as possible, on the above-appointed date. Bidders or their authorized agents are invited to be present. The actual contract award will be made by the Ocoee City Commission at a later date. Please be aware that all City Commission meetings are duly 4 B16-05 Asphalt Paving Projects FY 2016 noticed public meetings and all documents submitted to the City as a part of a bid constitute public records under Florida law. E. All Bidders shall thoroughly examine and become familiar with the bid package and carefully note the items which must be submitted with the bid, such as: a) Bid Security in the form of a Cashier's or Certified check or Bid Bond; b) List of References/Experience; c) List of Subcontractors/Temporary Worker Agencies; d) Equipment Listing; e) Summary of Litigation; f) Bid Form g) Any other information specifically called for in these Bid Documents. F. Submission of a bid shall constitute an acknowledgment that the Bidder has complied with Paragraph E. The failure or neglect of a Bidder to receive or examine a bid document shall in no way relieve it from any obligations under its bid or the contract. No claim for additional compensation that is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work will be allowed. All items quoted shall be in compliance with the bid documents/scope of work. G. A Pre-Bid Conference has not been scheduled for this project. H. Any response by the City to a request by a prospective Bidder for clarification or correction will be made in the form of a written addendum communicated through Onvia/Demandstar issued not later than twenty-four (24) hours before bid opening. It shall be the responsibility of each prospective Bidder to obtain a copy of all issued Addenda. The City reserves the right to issue Addenda concerning date and time of bid opening, at any time up to the date and time set for bid opening. In this case, bids that have been received by the City prior to such an addendum being issued will be returned to the Bidder unopened. In case any Bidder fails to acknowledge receipt of any such Addendum in the space provided in the bid documents, its bid will nevertheless be construed as though the Addendum had been received and acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the Bid Documents and all Addenda. Only interpretations or corrections provided by written Addenda shall be binding on the City. Bidders are cautioned that any other source by which a Bidder receives information concerning, explaining, or interpreting the Bid Documents shall not bind the City. I. Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of its bid: a) Submission of more than one (I) bid for the same work by an individual, firm, partnership or corporation under the same or different name. For purposes of this subparagraph, firms, partnerships or corporations under common control may be considered to be the same entity; b) Evidence of collusion between or among Bidders; c) Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City; d) Poor, defective, or otherwise unsatisfactory performance of work for the City or any other party on prior projects that, in the City's judgment and sole discretion, raises doubts as to Bidder's ability to properly perform the work; or 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. 5 B 16-05 Asphalt Paving Projects FY 2016 J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award to provide any goods or services to a public entity, may not submit a bid on an award with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See s. 287.133(2)(a), Florida Statutes.] K. FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by Chapter 119, Florida Statutes, and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their bids that they consider confidential and/or proprietary and that they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. No bid may be withdrawn for a period of ninety (90) days after the time and date scheduled for the bid opening. A request for withdrawal or a modification of a bid may be submitted to the Purchasing Agent, in writing, at any time prior to the deadline for submitting bids. After expiration of the deadline for receiving bids, no bid may be withdrawn or modified. The City reserves the right to accept or reject any or all bids, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any bid, or to re-advertise for new bids. The City may accept any item or group of items of any bid, unless the Bidder qualifies its bid by specific limitations. The City may accept one or more bids if, in the City's discretion, the City determines that it is in the City's best interest to do so. The City reserves the right to award the contract to the Bidder which, in the City's sole discretion, is the most responsive and responsible Bidder. The City reserves the right, as an aid in determining which bid is responsible, to require a bidder to submit such additional evidence of Bidder's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all bids. (Remainder of page left blank intentionally). 6 B16-05 Asphalt Paving Projects FY 2016 GENERAL TERMS & CONDITIONS: 1. BID SECURITY: a) Each proposal must be accompanied by a Cashier's/Certified Check upon an incorporated bank or trust company or a Bid Bond in an amount equal to five percent (5%) of the amount of the bid. A combination of any of the former is not acceptable. Cash or company check will not be accepted as Bid Security. The cashier's check or Bid Bond is submitted as a guarantee that the respondent, if awarded the Contract, will after written notice of such award, enter into a written Contract with the City and as a guarantee that the respondent will not withdraw its bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids, in accordance with the accepted bid and bid documents. Please note that Cashier's/Certified Checks will be deposited. b) In the event of withdrawal of said bid within ninety (90) days following the opening of bids, or respondent's failure to enter into said contract with the City or failure to provide the City with other requirements of the contract documents or the bid invitation after issuance of Notice of Intent to Award by the City, then such respondent shall be liable to the City in the full amount of the check or bid bond and the City shall be entitled to retain the full amount of the check or to demand from the Surety the penal sum of the bid bond as liquidated damages and not a penalty. c) Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. d) The cost of the required bond and required insurance coverage is to be included in the respondent's overhead and is not eligible for reimbursement as a separate cost by the City. e) The checks of the three (3) most favorable respondents will be returned within three (3) days after the City and the successful respondent have executed the contract for work or until the 91st day after bid opening, whichever is earlier. The remaining checks will be returned within thirty (30) days after the opening of bids. Bid Bonds will be returned upon request following the same criteria as a check. 2. PERFORMANCE AND PAYMENT BONDS (Required if Project is over$200,000.00.) a) The Successful Respondent shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used. b) The cost of the Payment and Performance Bonds shall be borne by the Successful Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. 7 B16-05 Asphalt Paving Projects FY 2016 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. 5. PRICING: Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached, to include any alternate bids. Please note that alternate bids will not be accepted unless specifically called for on the Scope of Work/Bid Sheet. In case of a discrepancy between the unit price and extended price, the unit price will be presumed to be correct. Cost of preparation of a response to this bid is solely that of the bidder and the City assumes no responsibility for such costs incurred by the bidder. The Bid form may not be completed in pencil. All entries on the Bid form shall be legible. The City reserves the right, but does not assume the obligation, to ask a Bidder to clarify an illegible entry on the Bid form. If the Bid form requires that the Bid price, or constituent portions of the Bid price, be stated in unit prices and total price; the unit prices and the total price for the stated number of units identified on the Bid form should be provided by the Bidder and be correctly computed. If there is an arithmetical conflict, between the unit price stated by the Bidder on the Bid form and the total price stated by the Bidder on the Bid form, the unit price stated by the Bidder on the Bid form shall take precedence. The City may unilaterally correct such arithmetical conflict on the Bid form to calculate the total price, utilizing the unit prices that have been identified by the Bidder. The taking of such action by the City shall not constitute grounds for the Bidder to withdraw its bid nor shall it provide a defense constituting discharge of the bid bond. The City reserves the right, but does not assume the obligation, to waive any mistake, omission, error or other irregularity that may appear on the Bid form. However, the City reserves the right to reject as non-responsive Bid forms that are incomplete or contain information that is not required. 8 B16-05 Asphalt Paving Projects FY 2016 a) The Bidder represents that the article(s) to be furnished under this Invitation to Bid is (are) new and unused (unless specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. b) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restriction competition, as to any matter relating to such prices with any other Bidder or with any competitor; c) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; d) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable federal regulations); e) Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida Purchasing Division; and f) Bidder agrees that supplies/services furnished under this quotation, if awarded, shall be covered by the most favorable commercial warranties the Bidder gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and do not limit any rights offered to the City by any other provision of the bid award. 6. DISCOUNTS: a) Trade and time payment discounts will be considered in arriving at new prices and in making awards, except that discounts for payments within less than 30 days will not be considered in evaluation of bids. However, offered discounts will be taken for less than 30 days if payment is made within discount period. b) In connections with any discount offered, time will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received in the office of Finance, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, on the date of City Check. 7. SAMPLES: Samples of items, when required, must be furnished free of expense to the City and, if not called for within fifteen days from date of bid opening, same will be disposed of in the best interest of the City. 8. AWARD CRITERIA: The contract will be recommended to be awarded to the overall lowest most responsive and responsible Bidder according to the following criteria: • Compliance with scope of work, specifications, terms, and conditions • Bid price • Warranty offered • Experience with similar work • Successful reference check 9 B16-05 Asphalt Paving Projects FY 2016 9. LITERATURE: If required by the scope of work, or the specifications, descriptive literature/brochures shall be included with this bid in order to properly evaluate make/model offered. Bids submitted without same may be considered non-responsive and disqualified. 10. BID PROTESTS: All Bid Protests shall be submitted to the Purchasing Agent in the following manner: 1. A Bidder shall file a written bid protest under this Article or be barred any relief; oral protests shall not be acknowledged. 2. A bid protest shall be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual, its addenda, and other bidding documents; and/or(b) applicable federal, state, or local law. No bid protest may be based upon questions concerning the design documents (drawings and specifications). The Bidder shall clarify all questions concerning the design documents of the project prior to submitting its bid. 3. The content of the bid protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested. 4. The bid protest shall be filed with the Purchasing Agent not later than three (3) calendar days after the posting of the notice of intent to award or recommendation of award by staff, whichever is earlier. 5. The Purchasing Agent, on behalf of the Owner, shall make a determination of the merits of the protest not later than five (5) business days after receipt of the protest. If Owner denies the protest, Owner may proceed with award of the contract unless enjoined by order of a court of competent jurisdiction. 11. PAYMENT TERMS: Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete. The Owner shall deduct ten (10%) retainage until the job is fifty (50%) complete. Subsequent to the fifty percent (50%) completion milestone, Owner shall reduce retainage withheld on each payment application to five (5%) retainage. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty-fifth (25th) business day after the date on which the properly submitted Application For Payment is initially received by the Owner. No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services, have been received and accepted by the City in the quality and quantity ordered. Any contract resulting from this solicitation is deemed effective only to the extent of 10 B 16-05 Asphalt Paving Projects FY 2016 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 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. 11 B 16-05 Asphalt Paving Projects FY 2016 k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5. 1) Construction material shall not be stored so as to block exits. m) Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building. n) Personal fall protection must be provided at elevations exceeding ten (10) feet. o) Per City Ordinance, any Contractor using construction dumpsters within the City of Ocoee must obtain these services through Superior Waste Services of Florida, Inc. 14. DRUG-FREE WORKPLACE: If applicable, provide a statement concerning the Bidder's status as a Drug-Free Work Place or evidence of an implemented drug-free workplace program. 15. CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that the Bidder does not and will not maintain or provide for the Bidder's employees any segregated facilities at any of the Bidder's establishments and that the Bidder does not permit the Bidder's employees to perform their services at any location, under the Bidder's control, where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. The Bidder agrees that (except where the Bidder has obtained identical certification from proposed contractors for specific time periods) the Bidder will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that the Bidder will retain such certifications in the Bidder's files. The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein. 16. STATEMENT OF AFFIRMATION AND INTENT: The Bidder declares 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 12 B16-05 Asphalt Paving Projects FY 2016 does not include ownership or benefit by a spouse or minor child.) The Bidder certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the Bidder agrees to immediately notify the City in writing. The Bidder further declares that a careful examination of the scope of services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents. Bidder agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Bidder offers and agrees that if this negotiation is accepted, the Bidder will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Bidder. The bid constitutes a firm and binding offer by the Bidder to perform the services as stated. 17. PUBLIC ENTITY CRIME STATEMENT: All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." All Bidders who submit a Bid or Request for Proposal to the City of Ocoee are guaranteeing that they have read the previous statement and by signing the bid documents are qualified to submit a bid under Section 287.133, (2)(a), Florida Statutes. 18. PERMITS/LICENSES/FEES: a) Any permits, licenses or fees required will be the responsibility of the contractor; no separate payments will be made. Permit fees are waived for any City of Ocoee permits required. b) The City requires a City of Ocoee registration if permitting is required. Please contact the City's Building Department at (407)905-3100 extension 1000, directly for information concerning this requirement. c) Adherence to all applicable code regulations (Federal, State, County, and City) is the responsibility of the contractor. 13 B 16-05 Asphalt Paving Projects FY 2016 19. INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of"A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability& Property Damage Liability • $1,000,000 Combined single limit per occurrence(each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL & ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 4) Owner's Protective Liability Insurance: n/a for this project. 14 B16-05 Asphalt Paving Projects FY 2016 5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE 6) Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability 7) Builders Risk: n/a for this project 8) Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: 9) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. 10) Statement that the Insurer shall mail notice to the Owner at least thirty(30) days prior to any material changes in provisions or cancellation of the policy, except ten(10) days written notice of cancellation for non-payment of premium. (remainder of page left blank intentionally) 15 B16-05 Asphalt Paving Projects FY 2016 ACORQ CERTIFICATE OF LIABILITY INSURANCE OPID JC DATE INYTTY) 9'RAXX-1 11/09/05 PROOUCRE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW, • INSURERS AFFORDING COVERAGE i N/UC S _......_._ !I( __ N1itIRED POURER A. AN Nye a.m.,a as..+ ._.—. .__._.__ INSURER s Q2GtraC for a Nana .—.—.. .. .__ _, Address rEGREn c INSURER IX NSUREA E: I COVERAGES THE MOMS OF INSURANCE LISTED WOW NAVE SEEN OWED TO THE MUTE NAM O MOVE FOR TIE POLICY PER100 IOACATED.MOTVRI STAMONG ONE N JIRV.EM.TERM OR GNOMON OF NOV CONTRACT OR OTHER 000UMER WON RESPECT TO RANCH TIM CERTOICATE MAY SE ISSUED OR MAY PERTAIN.THE INSURANCE WORM ST THE POLICIES DESCRIED IE%N IS REACT TO ALL THE TERM6 E#AU$CNE Alm c0ICROM3 OF sm. POLICES.AGGREGATE LENTS SHOWN MAY NAVE INN REDUCED N PAID CLARE 1111 N TYPE OF SSIIRA ICIL FOLD NUMMI DATE{SEMPOFFYi I GATE 4 MYP1 LMNS DNGeRALUANJTY EACHOCaEENCE S1,000,000 M X X COE AE MML GENERAL PREMISES mnFMet 150,000 1 J Guam hum ©occua I MEDEIG'1Aaymeperson) 15,000 - ( RSONALasww sRT 11,000,000 i eAGGREOATE s 2,000,000 EI OA AGGREGATEryJES APPLES Pat( I ENERAL PEODOCTS•COIMAP AGO 12,000,000 iii�pCT ` 1 POLICY 1 1 La 1 I ALMOMOMIA MAMMY It 0°."40 m 0O00"4"E LARr 11.000,000 1 X ANY AUTO IEs. NE tT ALL OWNED AUTOS EDGEY wore 1.) j(-��SCHEDULED AUTOS (PS NT.) 1 Ji HIRED AUTOS i (EL s 1 X NON-OWNED AUTOS I _..._. 1--t _I t i4A Q s I GARAGE UASL ' T• I I AUTOOKY•EA ACCOENT 1 ��; i NOV AUTO EA ACC $ 17 AUTO MY ACA s m)CISYUMELLA UAmLOV ( EACH OCCURE/CE 11,000,000 X X 000W r1 uAEUHA bE I I AGGREGATE $2,0 00,000 r- •OEOUCTOLE s .�—. RETER ON i ` 1 WORRIES COIEMEAT101+ND X ITAE $l Iu E N EsmLOVSRS'LNEMlr'I i( EL_EACH ACCIDENT 1000.000 AMY R1ETONPARTNEFEXEC FMxOWVIE CECUJOEOT Rrrrx I i Et.OMAN.a EVLOTEE S 500,000 i ut�OnnOA asawe. IE.I.CENSE.Palcrtwo 1500,000 OTANI Builders Risk ( Any 1 Loc 1110,000 1 1 I Any 1 Occ 1,000,000 DI0CSPTON OP OPERATIONS I LOCATORS/YURCLL a OCCLUSIONS ADDED ST EROORSEMERT/EPNIAL PROVOIONS The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability A Umbrella Liability. Workers' Compensation, Employers' Liability a Genarel Liability shall contain • Waiver of Subrogation in favor of the certificate holder. The certificate bolder is added as • maxi blitzed Ts atjars Risk. .CERTIFICATE HOLDER CANCELLATION OCOXi01 SHOULD NIT Of TWO AECAS ONSCIWED POLLEN N CANCELLED WERE TFE OOSATIOA PATE TIE SOP,THE SSAIS INSURER WILL ENDEATCII TO MIA 10 OATS YRUTTOI NOTICE TO THE CERIIRCATE HOt.GR NAMED TO TES MAT.OUT FAEOE TO 00 SO SMALL City of Ocoee IMPOSE MOoEI, *TOIL OR LANUTT OF ANY KIM UPON TU POURER ITS AGEIRSOR 150 N. Lakeshore Drive wrtArlM9a Ocoee !I, ]'1761-2258 AUTIIGRmso 1EPIEUUNTAiM ACORD 25(2001/051 S (mm`� � O ACORD CORPORATION VIII 16 B16-05 Asphalt Paving Projects FY 2016 20. LIST OF SUBCONTRACTORS: SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#: (Attach additional sheets if necessary) The Bidder certifies that the Bidder has investigated each subcontractor/temporary worker agency listed and has received and has in the Bidder's files evidence that each subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically and financially, of performing the pertinent work and that the subcontractor/temporary agency has done similar work in a satisfactory manner. It is further acknowledged by the contractor that any CHANGE or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any work shall commence by the additional subcontractor on this project. 21. EQUIPMENT LISTING: Please list year, make & model of all equipment that will be used on City of Ocoee properties, including whether owned or leased. If leased please provide name of lessor. 22. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR WORK The Bidder shall complete the following blanks regarding experience with similar type of work. Bidder must demonstrate ability to perform services of similar complexity, nature, and size of this project within past three years. DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/ TELPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT 17 B16-05 Asphalt Paving Projects FY 2016 Have you any similar work in progress at this time? Yes No Length of time in business Bank or other financial references: (Attach additional sheets if necessary) 23. SUMMARY OF LITIGATION: Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or against the Bidder in the past five (5) years which is related to the services that the Bidder provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. If none, please so state. 24. ACKNOWLEDGEMENT OF ADDENDA: Bidder acknowledges receipt of the following addenda: No. Dated No. Dated No. Dated No. Dated No. Dated (remainder of page left blank intentionally) 18 B16-05 Asphalt Paving Projects FY 2016 CITY OF OCOEE BID #B16-05 ASPHALT PAVING PROJECTS FOR FY 2016 EXHIBIT A LESLIE ANN LANE(FROM SAL STREET TO NICOLE BLVD.) MILL AND RESURFACING LADY AVENUE(FROM URSULA STREET TO NICOLE BLVD.) MILL AND RESURFACING OCOEE HILLS SUBDIVISION/BRENTWOOD HEIGHTS 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 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" 2016 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. 19 B 16-05 Asphalt Paving Projects FY 2016 MEASUREMENT AND PAYMENT 1.01 DESCRIPTION OF WORK This section defines the method which will be used to determine the quantities of work performed or materials supplied and establishes the basis upon which payment will be made. Contractor is required to 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. 20 B 16-05 Asphalt Paving Projects FY 2016 1.06 COSTS INCLUDED IN PAYMENT ITEMS (IF APPLICABLE) No separate payment will be made for the following items and the cost of such work shall be included in the applicable pay items of work. • Clearing and grubbing(including disposal of excess material) • Trench excavation, including necessary pavement removal and removal of vegetative surfaces • Dewatering and disposal of surplus water • Structural fill, backfill, and grading • Manual excavation or soft digs • Replacement of unpaved roadways, grass and shrubbery plots • Cleanup • Foundation and borrow materials, except as hereinafter specified • 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 • 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 • Verification of existing survey • Maintaining Driveway Access for Residences Cleanup: CONTRACTOR's attention is called to the fact that cleanup is considered a part of the work of construction. No payment will be made until cleanup is essentially complete. At the end of each week of construction, the CONTRACTOR shall perform cleaning of the work site, to the satisfaction of the Owner, before proceeding to the next week's scheduled work. Work Outside Authorized Limits: No payment will be made for work constructed outside the authorized limits of work. 1.07 APPLICATIONS FOR PAYMENT Applications for payment shall be prepared by the CONTRACTOR and submitted to the CITY in accordance with the schedule established by the Conditions of the Contract and the Agreement. The applications for payment shall be submitted in the number and form established by the CITY at the Preconstruction Conference. 21 B16-05 Asphalt Paving Projects FY 2016 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 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 Maintenance of Traffic 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 22 B 16-05 Asphalt Paving Projects FY 2016 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. LESLIE ANN LANE (FROM SAL STREET TO NICOLE BLVD.) 2.01 Milling Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square yard (SY), and shall include full compensation for all labor, material and equipment required to complete the work. Payment includes full compensation for all materials and equipment required to mill a MAXIMUM of 1" of existing asphaltic pavement, hauling, and cleaning up of milled material, labor and other incidentals. The measurement for payment under this item shall be the actual number of square yards of specified road satisfactorily milled. For Quality Control, if additional milled material is removed caused by scabbing, the contractor must immediately contact the City for direction. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 327 - Milling of Existing Asphalt Pavement. 2.02 Asphalt Pavement Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square yard (SY) placed and accepted, based on a nominal thickness of 1", as shown on the Drawings, and shall be full compensation for all labor, material and equipment required to do the work. Payment shall include quality control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that necessary to achieve the required grade, unless directed by the CITY or CITY's representative. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 334 — Superpave Asphalt Concrete. Note: Warm Mix Asphalt is an acceptable option, per the Contractor's request. 2.03 Pavement Markings Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks. City recommends contractor visit site to determine quantity. LADY AVENUE (FROM URSULA STREET TO NICOLE BLVD.) 3.01 Milling Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square yard (SY), and shall include full compensation for all labor, material and equipment required to complete the work. Payment includes full compensation for all materials and equipment required to mill a MAXIMUM of 1" 23 B16-05 Asphalt Paving Projects FY 2016 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. 3.02 Asphalt Pavement Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square yard (SY) placed and accepted, as shown on the Drawings, and shall be full compensation for all labor, material and equipment required to do the work. Payment shall include quality control testing, cleaning, sweeping and tack coat. No extra payment will be allowed for asphalt greater than that necessary to achieve the required grade, unless directed by the CITY or CITY's representative. All materials and workmanship shall conform to the FDOT Standard Specifications (latest edition) Section 334—Superpave Asphalt Concrete. Note: Warm Mix Asphalt is an acceptable option, per the Contractor's request. 3.03 Pavement Markings Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks. City recommends contractor visit site to determine quantity. OCOEE HILLS SUBDIVISION/BRENTWOOD SUBDIVISION 4.01 Milling Payment for milling existing asphaltic concrete pavement shall be made at the Contract unit price per square yard (SY), and shall include full compensation for all labor, material and equipment required to complete the work. Payment includes full compensation for all materials and equipment required to mill a MAXIMUM of 1" 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. 4.02 Asphalt Pavement Payment for constructing asphaltic concrete surface course shall be made at the Contract unit price per square yard (SY) placed and accepted, based on a nominal thickness of 2", 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. 24 B 16-05 Asphalt Paving Projects FY 2016 4.03 Pavement Markings Payment for temporary striping and thermoplastic striping, stop bars required at each stop sign and RPMs shall be made at the Contract Lump Sum (LS), and shall be placed and accepted, based on the existing striping along the road, intersections and cross walks. City Recommends contractor visit site to determine quantity. 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. 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. The City can delay the start date shown on the Notice to Proceed to allow a reasonable time for approval of shop drawings, mobilization, and similar start-up actions. The City may levy liquidated damages in the amount of$250 for each day beyond the final completion date shown on the Notice to Proceed. The number of unfavorable weather days that are not included in the 60-day construction period to Final Completion. The City will evaluate any time extension sought by Contractor in light of these built-in time considerations. 25 B 16-05 Asphalt Paving Projects FY 2016 Warranty Period The Contractor is to provide a minimum one-year warranty beginning on the date of substantial completion, as recorded on a certificate of substantial completion issued by the City to the Contractor. The City will perform periodic inspections of the work and note any items that require correction. Unless posing a danger to the public, potentially leading to further damage to the affected improvement if not corrected, the City will normally wait to compile a list of all required corrective actions and transmit it to the Contractor near the end of the warranty period. The period allowed for correction of all noted warranty repair issues is generally 30 days, but may be extended in consideration of the need to fabricate or receive necessary materials, arrange for the work to be performed by a subcontractor, and other reasonable causes. The notice of required corrective action will include the period allowed for correction. The City may levy liquidated damages in the amount of$250 for each day beyond the final completion date shown on the notice. Any corrective work provided may be subject to a warranty extension determined by the City, but in no case longer than one year in duration from the date of correction. Payments Contractor will be required to use the attached progress payment form and the final payment will need to be accompanied by a release of lien from all subcontractors and suppliers. END OF SECTION 26 B16-05 Asphalt Paving Projects FY 2016 *dlir ocoee florida CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 B16-05 ASPHALT PAVING PROJECTS FY 2016 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 ($0.001 The current CONTRACT PRICE including this CHANGE ORDER ISO .001 Original CONTRACT COMPLETION DATE: [original contract datel Current CONTRACT COMPLETION DATE adjusted by previous CHANGE ORDERS [current contract datel Net Increase Resulting from this CHANGE ORDER [number] days Current CONTRACT COMPLETION DATE including this CHANGE ORDER mnew contract datel 27 B16-05 Asphalt Paving Projects FY 2016 CHANGES ORDERED: I. REQUIRED CHANGES II. JUSTIFICATION III. NARRATIVE OF NEGOTIATIONS IV. PAYMENT V. APPROVAL AND CHANGE AUTHORIZATION This proposed change to the Contract requires approval by the Ocoee City Commission or the City Manager, dependent upon project approval authority, in order to supplement the project budget to fund the changes. It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original contract other than matters expressly provided herein. CONTRACTOR acknowledges, by its execution and acceptance of this Change Order,that the adjustments in Contract Price and Time shown hereon constitute full and complete compensation and satisfaction for all costs and modifications of performance time incurred by the CONTRACTOR as a result of this Change Order. No other claim for increased costs of performance or modifications of time will be granted by the OWNER for the Work covered by this Change Order. The CONTRACTOR hereby waives and releases any further claims for cost or time against the OWNER arising from or relating to the matters or Work set forth or contemplated by this Change Order. RECOMMENDED BY: ACCEPTED BY: CITY OF OCOEE, FLORIDA (contractor namel By: By: Signature Signature Date: Date: Title: Title: 28 B 16-05 Asphalt Paving Projects FY 2016 APPROVED BY: CITY OF OCOEE, FLORIDA By: Date: Steve Krug, Public Works Director By: Date: Wanda Horton, Director of Finance By: Date: Robert D. Frank, City Manager By: Date: S. Scott Vandergrift, Mayor Attest: Melanie Sibbitt, Acting 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 29 B 16-05 Asphalt Paving Projects FY 2016 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: B16-05 Asphalt Paving Projects for FY 2016 Construction Start Date: End Date: Construction Days - Elapsed: Remaining: 1. Original Contract Amount $ 2. Sum of Approved Change Orders to Date (from Table) $ 3. Current Contract Amount (Sum of Lines 1 and 2) $ 4. Total of Prior Pay Applications (including retainage) $ 5. Amount of this Pay Application (including retainage; from Bid Item Quantity Spreadsheet) $ 6. Total Earned to Date (Sum of Lines 4 and 5) $ 7. Retainage Held from Prior Pay Applications $ 8. Retainage to Be Held in this Pay Application $ 9. Total Retainage Held to Date (Sum of Lines 7 and 8) $ 10. Total Earned to Date Less Retainage (Line 6 minus Line 9) $ 11. Total Earned less Retainage for this Pay Application (Line 5 minus Line 7) $ Approved Change Orders Change Date Approved Date Accepted Total Change in Order No. by City by Contractor Contract Price Total (Write in Line 2, above) 30 B 16-05 Asphalt Paving Projects FY 2016 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) 31 B16-05 Asphalt Paving Projects FY 2016 m _ 2 \ \ W II II # § 2 a CA z 4.., ± ± W . vo Q = J J ..-1 2 C C / _ ,......, �� en E-0 -c \ m ƒ ° k 0 \ ƒ\ cup = / / \ al / ti) 2 u 2 f _ § co Z / / / k » o m / 6 -0 a & kA \ } / / / / 2 , / 7 k 2 / /-& 0 f c / cil ? k / z d a e C - / q § » o = S - k ƒ./ k / / § / S S ¢ cr w = / / &D ¢ / \ L. 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C4 a z +=. oMO 00 II o C Q O M ' A a _ `,.--1 N c W (' 44 a czt E E w O O O O Q 0. z . 0 d H O ca z o w 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 B16-05 Asphalt Paving Projects for FY 2016 (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. B13-06 Asphalt Paving Projects 35 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Intent to Award to Bidder within ninety (90) days from the time and date fixed for the opening of Bids (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision B16-05 Asphalt Paving Projects FY 2016 36 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 this signature block. (1) (Individual's Signature) (Witness) (2) (Individual's Signature) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) B16-05 Asphalt Paving Projects FY 2016 37 If Bidder is PARTNERSHIP,complete this signature block. (1) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) B 16-05 Asphalt Paving Projects FY 2016 38 If Bidder is CORPORATION, complete this signature block. (1) (Corporation Name) (Witness) (2) (State of Incorporation) (Witness) By: (Name of Person Authorized to Sign- See Note 1) (SEAL) (Title) (Authorized Signature) (Corporation President) (Business Address) (Telephone No.) (Florida License No.) B16-05 Asphalt Paving Projects FY 2016 39 SURETY Witness: (If agency is not a Corporation) (Surety Business Name) (1) (Witness) (Principal Place of Business) (2) (Witness) By: (Surety Agent's Signature - See Note 2) Attest: (If Agency is a Corporation) (Surety Agent's Name) (Corporate Secretary Signature) (Surety Agent's Title) (Corporate Secretary Name) (Business Name of Local Agent for Surety) (Corporate Seal) (Business Address) (Telephone No.) (Bond No.) NOTES: (1) Complete and attach "Corporate Authority to Execute Documents" if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of "Power-of-Attorney" prepared by Surety appointing individual "Attorney-in-Fact" for execution of Bid Bond on behalf of Surety and corresponding notarized "Attorney-in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. B16-05 Asphalt Paving Projects FY 2016 40 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 B16-05 Asphalt Paving Projects FY 2016 41 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 B16-05 Asphalt Paving Projects for FY 2016 (hereinafter referred to as the "Project") in accordance with the plans and specifications prepared by the City of Ocoee, dated June 5, 2016; and NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said Contract including, but not limited to, the making of payments to persons or entities providing labor, materials or services to Principal under the Contract, within the time provided therein, and any extensions thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized and modifications of said Contract that may hereafter be made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, or from any breach or default by Principal under the Contract, including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to Obligee under this Performance Bond. The Surety's obligations hereunder shall be direct and immediate and not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. B16-05 Asphalt Paving Projects FY 2016 42 In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this paragraph shall not be limited by the Penal Sum of this Bond. Any changes in or under the Contract or the Contract and compliance or noncompliance with any formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this bond shall increase or decrease in accordance with approved changes or modifications to the Contract. The said Principal and the said surety agree that this bond shall inure to the benefit of all persons supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as to the Obligee, and that such persons may maintain independent actions upon this bond in their own names. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Principal By: (SEAL) (Official Title) Surety By: (SEAL) (Official Title) NOTES: If Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION B16-05 Asphalt Paving Projects FY 2016 43 EXHIBIT C Statutory Payment Bond Pursuant to Florida Statutes, 255.05, et seq. KNOW ALL MEN BY THESE PRESENTS,THAT (hereinafter called the "Principal"), as Principal, and , a corporation organized and existing under the laws of the State of , hereinafter called the "Surety"), as Surety, are held and firmly bound unto the City of Ocoee, Florida, (hereinafter called the "Obligee"), by bond number in the sum of Dollars and Cents ($ ), for the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written Contract with the Obligee dated , 20_ to perform, as Contractor, in accordance with the Contract and Contract Documents, which Contract and Contract Documents are hereby incorporated herein by reference. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Principal and the Surety agree that this Bond shall inure to the benefit of all claimants, as defined in Section 255.05 (1), Florida Statutes, that provide or furnish the Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in said Contract, and that any such claimant may maintain an independent action upon this Bond in its own name. The provisions of Florida Statutes, Section 255.05, et seq. are hereby incorporated herein by reference and made a part of this payment bond including, but not limited to, the notice and time limitation provisions in subsection (2). Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. B16-05 Asphalt Paving Projects FY 2016 44 (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 B16-05 Asphalt Paving Projects FY 2016 45 BID#B16-05 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 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 B16-05 Asphalt Paving Projects FY 2016 46 EXHIBIT D Plansheets C1-C3, also available as a .pdf attachment on Demandstar. B16-05 Asphalt Paving Projects FY 2016 47 '''"".r„n'.oe.," «.'.IJ'r J`t, ao())0 O �l4f1N1o�4 aaurn A uparoXdJNAVd S}RIOANDIZand 1aarOudnisovalinsaI s-1 NNY 311gal ,.22, _ aooaa,o 3 o- a • s-+ 4 1 o NT Cat B1 VD, "' w am.. 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