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HomeMy WebLinkAbout2025 02 10 Consent 303 - Intent to Award Contract (ITB 11-24-07 PH Gee Creek Erosion Control Countermeasures)CONSENT AGENDA ITEM 303 CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING TITLE Intent to Award Contract - ITB 11-24-07 PH Gee Creek Erosion Control Counter Measures SUMMARY Due to severe bank erosion along Gee Creek, near South Moss Road, City staff in cooperation with the NRCS (Natural Resource Conservation Service) have elected to address this matter in order to avoid further degradation of Gee Creek in this immediate area. There were five (5) total bids for this Invitation to Bid contract. The results of the bids are as follows: 1. Cathcart Construction Company $ 762,620.00 2. Construct Co Inc. $ 763,578.42 3. Central Florida Environmental Corp (CFE) $ 878,288.26 4. Carr and Collier $ 1,055,700.00 5. Garcia Civil Contractors $ 1,102,527.44 FUNDING SOURCE This erosion control project is 75% funded by the NRCS and 25% funded by the City of Winter Springs, therefore the City will only be obligated to $190,655.00 of the total construction cost. Copies of the Contractors monthly invoices will be submitted by the City Finance Department to the NRCS for reimbursement of the 75% commitment. This is budgeted in Road Improvement Fund that holds the 3rd Generation Sales Tax Revenue under CIP Storm-Water Rehabilitation City Wide. RECOMMENDATION Staff recommends the City Commission award Cathcart Construction Company the construction contract in the amount of $762,620.00 for the proposed erosion control improvements required on Gee Creek. Additionally, authorization for the City Manager and City Attorney is requested to prepare and execute any and all applicable contract documents consistent with this Agenda item. 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 SEALED BID PROPOSAL : ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Greek at Moss Park Due: January 17, 2025 2:00 p.m. Submitted by: Construct Co, Inc. CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853 MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F www.constructco-inc.com CGC1516163 150 Section A – BIDDER Information and Acknowledgement Form CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853 MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F www.constructco-inc.com CGC1516163 151 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM For ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park The undersigned Bidder does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the minimum requirements/evaluation criteria shown by the Invitation To Bid to be delivered to the specified site for the price indicated. IT IS THE BIDDER’S RESPONSIBILITY TO CHECK www.demandstar.com FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL THIS BID MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Bid. If not submitted, Bidder will be considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney. BIDDER NAME: TAX ID# SNN or EIN: BIDDER ADDRESS: PURCHASE ORDER ADDRESS: PHONE NUMBER: COMPANY WEBSITE: COMPANY CONTACT (REP): CONTACT EMAIL ADDRESS: SIGNATURE: THE UNDERSIGNED: A.Acknowledges receipt of: 1.ITB # 11-24-07 PH Pertaining To: Erosion Control Countermeasures within Gee Creek at Moss Park 2.Addenda: Number: _________, Dated _________________. Number: _________, Dated _________________. B.Has examined the site and all ITB Documents and understands that in submitting its Bid, they waive all right to plead any misunderstanding regarding the same. C.Agrees: 1.To hold this Bid open for 90 calendar days after the Bid opening date. 2.To furnish the services specified in this ITB at the prices quoted in the Bid and in compliance with the ITB Documents. 3.To accept the provisions of the Instructions to Bidders. 4.To negotiate a contract with the CITY incorporating the Bid prices, if selected on the basis of this Bid. 5.To accomplish the work in accordance with the contract documents. D.Certifies: 1. That all information contained in this Bid is truthful to the best of my knowledge and belief. 2.That I am duly authorized to submit this Bid on behalf of the Bidder and that the Bidder is ready, willing, and able to perform if awarded the Bid. Stipulated Amount A.Submit on Cost Proposal Worksheet, Appendix A. Construct Co Inc 59-3591183 PO Box 536488, Orlando FL 32853 PO Box 536488, Orlando FL 32853 407-282-5340 www.constructco-inc.com Lindsey Buchanan Lindsey@constructco-inc.com 1 12/20/2024 152 Section B – Table of Contents 5 6 7 25 8-27 1.Introduction Letter 2.Qualifications 3.Other Information 4.Cost & Time 5.Mandatory Bid Forms 6.Florida State Corporate Filing 7. Appendix E Key Pesonnel 8. License 28 29-30 31 CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853 MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F www.constructco-inc.com CGC1516163 153 Section C – Introduction Letter Bid #11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Dear City of Winter Springs, We are pleased to submit our proposal for the Erosion Control Countermeasures within Gee Creek at Moss Park project. I’d like to introduce Construct Co, Inc., a leading marine construction firm with over 35 years of experience delivering innovative and high-quality solutions across Florida. As the Founder and President, I have had the privilege of overseeing the successful completion of numerous large-scale projects for public agencies, including the Florida Department of Environmental Protection (FL DEP) and the Florida Department of Military Affairs, as well as a variety of municipalities and private clients. We understand that the project’s scope of work is, in part, a continuation of the Natural Resources Conservation Service (NRCS) efforts to manage erosion along Gee Creek. Having successfully completed multiple projects that are funded by the NRCS on Gee Creek for the City of Casselberry, we are well aware of the need for an erosion control countermeasure at Moss Park. We understand that for this site, steel sheetpile along with rip rap will be the tool to erosion control and the access needed to install these materials will have an impact on the park area, necessitating restoration measures which are outlined in Appendix A: Cost Proposal Worksheet. Our commitment is simple, we deliver value beyond construction. From conception to completion, we align our solutions with your vision, ensuring that every project is executed with precision, professionalism, and the highest standards of quality. We stand ready to bring our expertise to your next project and drive its success. Thank you for the opportunity for Construct Co, Inc to become a trusted partner for your upcoming project. Please feel free to reach out to me directly at (407) 282-5340 or via email at Shawn@constructco-inc.com. I look forward to the possibility of collaborating with your team. Thank you for your time and consideration. Let’s build the future together. Sincerely, Shawn Buchanan President & Principal Construct Co, Inc. CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853 MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F www.constructco-inc.com CGC1516163 154 Section D – Qualifications Construct Co is a Florida corporation, founded by Basil “Shawn” Buchanan in 1999 and based out of Orlando. At Construct Co, we are not just builders. We are problem solvers and strategic partners committed to delivering excellence through every phase of a project. We specialize in marine and park construction, providing end-to-end services from design and permitting to construction and project management. Our deep expertise in value engineering enables us to deliver cost-effective, sustainable, and customized solutions tailored to the unique challenges of each project. Our team of 20 employees takes pride in overseeing every aspect of the project lifecycle with seamless collaboration between stakeholders, maintaining regulatory compliance, and delivering results that exceed expectations. Erosion Control Specific Construct Co has completed multiple projects where the key objective was to address or prevent erosion control. A few examples include: ●City of Flagler Beach - Installation of emergency sheet pile armoring along A1A, 2022 ●St John’s County - Installation of steel sheet pile and rip rap armament shore protection, 2024 ●City of Casselberry - Installation of gabions and rip rap along Gee creek, 2019 ●City of Casselberry, Installation of gabions, rip rap and permanent sheet pile along Gee creek, 2018 Project Team The Project Manager will beLindsey Buchanan. She will be responsible for ensuring adherence to the contract requirements and the point of contact for the Owner and Engineer representatives. The Project Superintendent, Douglas Clark, will be the on-site representative and will oversee operations and ensure quality is maintained. The Project Specialist, Shawn Buchanan, will be monitoring the construction team and provide consultation for critical work items. The Project Coordinator, Ryan Matthews, will be responsible for project recordkeeping and site documentation. He will assist the Project Superintendent and Project Manager as needed to facilitate the contract work and Quality Control Plan procedures, She will oversee material orders and site crew logistics. See Appendix E: Key Personnel Resumes Project References - See Attached Bid Form REFERENCE INFORMATION FORM Additional references are available upon request. In summary, Construct Co Inc is the most qualified contractor for this project because we are experts at sheet pile installation and we have an intimate understanding of the project site’s water body, having performed identical work on Gee Creek in the past. We encourage you to speak with our previous clients who we have enjoyed working for and continue to maintain great relationships with. We are a contractor who cares. We care about the goal of the project and we care about creating an enjoyable project experience for our clients. Thank you for your consideration. CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853 MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F www.constructco-inc.com CGC1516163 155 Section E - Other Information We have successfully completed projects for major public entities and private developers, such as the George Kennedy Memorial Park Seawall, Wooten Park Seaplane Ramp, and the Main Street Pier Repairs in Daytona Beach. These accomplishments speak to our unwavering dedication to excellence and client satisfaction. Our core services include: ●Marine Construction: Specializing in boat ramps, seawalls, piling, docks, and erosion control measures. ●Value Engineering: We work closely with our clients to optimize designs, ensuring cost-effective solutions that meet regulatory and safety standards. ●Comprehensive Project Management: From initial permitting to project completion, our team manages every aspect to guarantee success. We are happy to provide additional information not specifically listed in the bid documents upon request including expanding project references and financial data. For additional information contact Lindsey Buchanan, Vice President at lindsey@constructco-inc.com. Section F – Cost and Time See Attached Appendix A: Cost Proposal Worksheet. CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853 MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F www.constructco-inc.com CGC1516163 156 Section G – Mandatory Bid Forms CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853 MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F www.constructco-inc.com CGC1516163 157 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park MANDATORY BID FORMS Proposal Form 1 -Bidder Information and Acknowledgement Form Proposal Form 2 -References Information Form Proposal Form 3 -Insurance Requirements Form Proposal Form 4 -Scrutinized Company Certification Proposal Form 5 -Non-Collusion Affidavit Proposal Form 6 -Drug Free Workplace Form Proposal Form 7 -Public Entity Crimes Statement Proposal Form 8 -Debarment, Suspension etc. Certification Proposal Form 9 - E-Verify Statement Proposal Form 10 -Conflict of Interest Statement Proposal Form 12 -Affidavit of Compliance with Florida Statute 787.06 Proposal Form 13 -SMWBE Utilization Plan Appendix A -Cost Proposal Worksheet Appendix B -Bid Bond Form Mandatory forms must be submitted with the Bid. Failure to submit forms may disqualify the Bidder from the ITB The following documents do not need to be returned with the Bid response Exhibit 1 Project Plans Exhibit 2 Project Specifications Appendix C Performance Bond Agreement Appendix D Labor and Materials Payment Bond Agreement 158 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park REFERENCE INFORMATION FORM For ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Bidder Representative Typed Name/Title: Bidder Representative Signature: Bidder: St. Johns County, FL Morgan Hughes 3171 Coastal Highway St Augustine FL 32084 904 315-7267 $ 754,350 Oct 2023-March 2024 Kelly Brock City of Casselberry 95 Triplet Lake Dr. Casselberry FL 32707 407-262-7725 x1235 $ 1,006,459 Dec 2018 - June 2019 Gee Creek and Howell Creek Erosion Control Project Porpoise Point Dr Shore Protection City of Flagler Beach, FL Penny Overstreet, 105 S 2nd St. Flagler Beach FL 32136 386-517-2000 ext. 233 $ 469,436 June 2022 - Sep 2022 Lindsey Buchanan, Vice President Construct Co Inc Pal & Irma Parker Park 159 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park INSURANCE REQUIREMENTS FORM Insurance Type Required Limits Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits Employer’s Liability $1,000,000 each accident, single limit per occurrence Commercial General Liability (Occurrence Form) patterned after the current ISO form $1,000,000 single limit per occurrence $3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products & Completed Operations & Contractual Liability. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless City of Winter Springs, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Winter Springs. Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included. Other Bidder shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The same Bidder shall provide the CITY with certificates of insurance meeting the required insurance provisions. The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability where required. The Certificate Holder shall be named as City of Winter Springs. Thirty (30) days cancellation notice required. The undersigned Bidder agrees to obtain, prior to award, if selected, a minimum level of insurance as stated above. Bidder Authorized Signature Officer Name and Title Date Construct Co Inc Lindsey Buchanan, Vice President 01/16/25 160 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park SCRUTINIZED COMPANY CERTIFICATION Florida Statutes, Sections 287.135 and 215.473 Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the CITY for goods or services of: a.Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the Proposer is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or b.One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to s. 215.473; or c.Is engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. The Bidder must submit this required certification form attesting that it is not a scrutinized company and is not engaging in prohibited business operations. The following shall be grounds for termination of the contract at the option of the awarding body: a.The Bidder is found to have submitted a false certification; been placed on the Scrutinized Companies with Activities in Sudan List; b.Been placed on the Scrutinized Companies that Boycott Israel List or c.Is engaged in a boycott of Israel; or d.Been engaged in business operations in Cuba or Syria. e.Has been placed on a list created pursuant to s. 215.473, Florida Statutes, relating to scrutinized active business operations in Iran. The CITY shall provide notice, in writing, to the Bidder of any determination concerning a false certification. a.The Bidder shall have five (5) days from receipt of notice to refute the false certification allegation. b.If such false certification is discovered during the active contract term, the Bidder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. c.If the Bidder does not demonstrate that the CITY’s determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes. 161 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE. a.The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and b.The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and c.For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List and, further, are not engaged in business operations in Cuba or Syria; and d.If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria. (Authorized Signature) (Printed Name and Title) (Name of Bidder) STATE OF ____________________________________ COUNTY OF __________________________________ The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization, this ______ day of __________, 2025 by _____________________ the _________________________ of __________________________, a ________________________ (____) who is personally known to me or (_____) who produced ______________________________________ as identification. Notary Public __________________________________ Print Name: ___________________________________ My Commission Expires: _________________________ Lindsey Buchanan, Vice President Construct Co Inc 162 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park NON-COLLUSION AFFIDAVIT of PRIME BIDDER STATE OF COUNTY OF ____________________________________, being duly sworn, deposes and says that: (1) He/she is ___________________________ of ___________________________________ Title Bidder The Bidder that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such solicitation. (3) Such Bid is genuine and is not a collusive or sham solicitation. (4) Neither the Bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Bidder, firm or person, to submit a collusive or sham response in connection with the ITB for which the attached Bid has been submitted or to refrain from proposing in connection with such ITB, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Springs, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant. (Signed) (Title) STATE OF _______________________________________ COUNTY OF _____________________________________ The foregoing instrument was acknowledged before me this ____________________by _____________________________, who is (___) personally known to me or (___) who has produced _______________________________ as identification and who (did / did not) take an oath. ________________________________________ (Signature of Notary Public) ________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public ________________________________________ (Commission Number) Vice President Construct Co Inc Vice President 163 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park DRUG FREE WORKPLACE FORM The undersigned Bidderer, in accordance with Florida Statute 287.087 hereby certifies that _____________________________________________________ does: (Name of Bidder) 1.Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2.Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.Give each employee engaged in providing the commodities or contractual services that are under contract a copy of the Drug-Free statement. 4.Notify the employees that as a condition of working on the commodities or contractual services that are under contract, employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5.Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6.Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 7.As the person authorized to sign the statement, I certify that this business complies fully with the above requirements. (Authorized Signature) (Date) (Print/Type Name as Signed Above) Construct Co Inc 01/16/2025 Lindsey Buchanan 164 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park PUBLIC ENTITY CRIMES STATEMENT SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1.This sworn statement is submitted with Bid for ITB 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park 2.This sworn statement is submitted by (Bidder) _____________________________________ whose business address is __________________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is _____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ______________. 3. My name is _______________________ and my relationship to the Bidder named above is ______________________________. 4.I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5.I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6.I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: •A predecessor or successor of a person convicted of a public entity crime; or •An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding 36 months shall be considered an affiliate. 7.I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) ____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.) ____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.) ____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the Department of General Services.) ___________________________________________________________ Signature Date: Construct Co Inc PO Box 53644 Orlando FL 32853 59-3591183 Lindsey Buchanan Vice President 01/16/2025 X 165 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park PUBLIC ENTITY CRIMES STATEMENT cont. STATE OF __________________________________ COUNTY OF ________________________________ PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ___ day of ________________, 2025, and is personally known to me, or has provided ______________________ as identification. ____________________________________________ My Commission expires: ________________ Notary Public 166 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS Certification A - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief that its principals: a.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b.Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d.Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation of this proposal. Instructions for Certification (A) By signing and submitting this Bid, the prospective primary participant is providing the certification set out below; a.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or any explanation shall disqualify such person from participation in this transaction. b.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. c.The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations. e.The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 167 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park f.The prospective primary participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Non- procurement List. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i.Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. Certification B - Lower Tier Covered Transactions a.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. a.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b.The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. c.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. 168 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park d.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. e.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause title “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. f.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may but is not required to, check the Non- procurement List. g.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h.Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment. Bidder: Date: Signature of Authorized Certifying Official: Title: Construct Co Inc 01/16/2025 Vice PresidentLindsey Buchanan 169 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park E-VERIFY STATEMENT Bid Number: ITB # 11-24-07 PH Project Description: Erosion Control Countermeasures within Gee Creek at Moss Park Bidder acknowledges and agrees to the following: Bidder shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1.All persons employed by the Bidder during the term of the Contract to perform employment duties within Florida; and 1.All persons assigned by the Bidder to perform work pursuant to the contract with the CITY. Bidder: ______________________________________________________________________ Authorized Signature: __________________________________________________________ Title: ________________________________________________________________________ Date: _______________________________________________________________________ Construct Co Inc Vice President 01/16/2025 170 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park CONFLICT OF INTEREST STATEMENT This sworn statement is submitted with Bid for ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park This sworn statement is submitted by (Bidder) ___________________________________ whose business address is __________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is ___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ____________.) My name is ________________________ and my relationship to the Bidder named above is________________________. 1.The above-named Bidder is submitting a Bid for the City of Winter Springs. 2.The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge. 3.The Affiant states that only one submittal for the above Bid is being submitted and that the above-named Bidder has no financial interest in other entities submitting Bids for the same project. 4.Neither the Affiant nor the above- named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the Bidder’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5.Neither the Bidder nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6.Neither the Bidder nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7.I certify that no member of the Bidder’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City of Winter Springs. 8.I certify that, should the Bidder be awarded a contract after successful negotiation, the execution and approval of such contract by the City of Winter Springs City Commission shall not create a conflict of interest under Chapter 112, Florida Statutes, Code of Ethics for Public Officers. I further certify that no member of the Bidder’s ownership or management is a spouse, child or “relative” as defined in Section 112.3142, Florida Statutes, of a current City Commission member. 9.In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named Bidder, will immediately notify the City of Winter Springs. ________________________________________________________ Signature Date: STATE OF ____________________________ COUNTY OF __________________________ PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ______ day of ________________, 2025, and is personally known to me, or has provided ______________________ as identification. ________________________________________ My Commission expires: ____________________ Notary Signature Construct Co Inc PO Box 536488, Orlando FL 32853 59-3591183 Lindsey Buchanan Vice President 01/16/2025 171 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTES § 787.06 Florida Statutes § 787.06(13) provides that: When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). THIS AFFIDAVIT MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE. a.The Vendor, owners, or principals are aware of the requirements of Section § 787.06, Florida Statutes; and b.The Vendor, owners, or principals are eligible to participate in this solicitation and do not use coercion for the labor or services contemplated in their Proposal response. (Authorized Signature) (Printed Name and Title) (Name of Proposer) STATE OF ____________________________________ COUNTY OF __________________________________ The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization, this ______ day of __________, 2025 by _____________________ the _________________ of __________________________, a ________________________ (____) who is personally known to me or (_____) who produced ______________________________________ as identification. Notary Public: _________________________________ Print Name: ___________________________________ My Commission Expires: _________________________ Lindsey Buchanan, Vice President Construct Co Inc 172 ITB # 11-24-07 PH Erosion Control Countermeasures within Gee Creek at Moss Park SMWBE UTILIZATION PLAN Small, Minority, and Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization Bidder Company Name: _________________________________________________________________ Project Name : Erosion Control Countermeasures within Gee Creek at Moss Park ITB Number : ITB # 11-24-07 PH CFR §200.321 requires local governments to take all necessary affirmative steps to assure that minority business, women’s business enterprises, and labor surplus area firms are used when possible. The CITY requires that Bidders (Prime Contractors), if subcontracts are to be let, to take the five affirmative steps as cited below. Please describe your firm’s plan for identifying and potential use of SMWBE and Labor Surplus Area Firms. Additional pages may be attached, as necessary. •Placing qualified small and minority business and women’s business enterprises on solicitation lists. •Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources. •Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business and women’s business enterprises. •Establishing delivery schedules where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises and veteran owned businesses. •Using the services and assistance, as appropriate, of such organizations as the Small Business Administration or the Florida Office of Supplier Diversity https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd Construct Co Inc 173 174 175 176 177 178 Section H – Florida State Corporate Filing CONSTRUCT CO INC.PO Box 536488, Orlando, FL 32853 MARINE CONSTRUCTION SPECIALISTS (407) 282-5340 P (407) 900-0508 F www.constructco-inc.com CGC1516163 179 Appendix E: Key Personnel Resumes 180 Appendix E: Key Personnel Resumes 181 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESBUCHANAN, BASIL SHAWNDo not alter this document in any form.CONSTRUCT CO INCLICENSE NUMBER: CGC1516163EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.931 DENNIS AVEORLANDO FL 32807Always verify licenses online at MyFloridaLicense.comISSUED: 09/03/2024182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274