HomeMy WebLinkAbout2232 IFB 18/19-26R Recase Mayfair Golf Course Potable Water Well #1The item(s) noted below is/are attached and forwarded to your office for the following action(s):
F-1
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
Z
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
F-1 Return originals to Purchasing- Department
F] Return copies
El
Special Instructions: Signed agreement and bonds
L_i,o�ye y 6/18/2020
From
SharePoint—Finance—Purchasingjorms - 2018.doc
Date
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SECTION 00520
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PART GENERAL
1.01 THIS AGREEMENT, made and entered into thea. -""day of ft.�gu,�A
by and between the City of Sanford, Florida, 300 North Park AvenA, Sanford, Florida
32771, a municipal corporation of the State of Florida, holding tax exempt status,
hereinafter referred to as the "CITY" (also referred to as "OWNER") and Thompson Well
and Pump, Inc. -, whose principal and local address is P.O. Box 371 Deland FL
32721-0371, hereinafter referred to as to as the "CONTRACTOR". The CITY and the
CONTRACTOR are collectively referred to herein as the Parties.
1.02 The Owner and Contractor Agree as Follows:
A. The Contract Documents include the Agreement, Addenda (which pertain to the
Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General
Conditions, the Supplementary Conditions, the Specifications listed in the Index to
the Manual, any technical specifications as incorporated by the Project Manual;
the Drawings as listed in the Project Manual, all Written Amendments, Change
Orders, Work Change Directives, Field Orders, Engineer's written interpretations
and clarifications issued on or after the Effective Date of this Agreement, and all
documents which are fully a part of the Contract with the City are identified by title
and number as set forth below and are available for review at and downloading
from the City's Web site (site in full) and all documents are agreed to be
incorporated into the Contract as if physically attached to the Contract and are,
further, agreed to be incorporated into the Contract as if fully set forth therein
verbatim. The Contract Documents include:
1. Section 00410 Contractor's Bid.
2. Section 00420 Bid Bond Form
3. Section 00432 Non Collusion Affidavit
4. Section 00434 Conflict of Interest Affidavit
5. Section 00436 Florida Public Entities Crime Affidavit
6. Section 00438 Compliance With the Public Records Law Affidavit
7. Section 00440 Bidder Qualification Affidavit
8. Section 00442 Receipt of Exempt Public Records and Agreement to
Safeguard (Executed Form)
9. Section 00450 Cert. Non -Segregated Facilities
10. Section 00452 Disputes Disclosure
11. Section 00454 Drug Free Workplace Affidavit
12. Section 00456 Unauthorized (Illegal) Alien Worker Affidavit
13. Section 00458 E -Verify Compliance Affidavit
14. Section 00460 ADA Affidavit
15. Section 00462 Financial Information (Executed Form) (if Required by City).
16. Section 00463 Florida Trench Safety Act Statement
17. Section 00500 Notice of Intent to Award
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AGREEMENT
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18. Section 00510 Notice of Award
19. Section 00520 Executed, Agreement Form.
20. The Project Manual. Note the Index (starting on page number 00010-1 of
the Project Manual) includes all instructions, terms, general and
supplemental conditions, bid documents, plans, prints and specifications
pertaining to the Project.
21. Section 00525 Criminal Background Check Requirements- (Note: For
projects where this form is not required, it will be excluded from the forms
contained in the Project Manual and will not be a form required to be
executed by the Bidder/Contractor.
22. Section 00530 Notice to Proceed
23. Section 00605 Performance Bond
24. Section 00610 Payment Bond
25. Section 00615 Material and Workmanship Bond
26. Section 00617 Consent of Surety to Final Payment (Executed Form)
27. Section 00618 Insurance Certificate(s)
28. Section 00625 Contractor's Application for Payment (Executed Forms).
29. Section 00626 Certificate of Substantial Completion
30. Section 00627 Certificate of Final Completion
31. Section 00640 Contractor's Partial Release of Lien (Executed Forms)
32. Section 00641 Subcontractor's Final Release of Lien (Executed Forms)
33. Section 00644 Subcontractor's Partial Release of Lien (Executed Forms)
34. Section 00645 Contractor's Release of Lien (Executed Forms)
35. EJCDC C-00700- Standard General Conditions of the Construction
Contract.
36. Section 00800- Supplementary Conditions
37. Section 00820- Prime Contractor Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion.
38. Section 00840 Project Field Order (Executed Form)
39. Section 00845 Work Directive Change (Executed Form)
40. Section 00850 Change Order (Executed)
41. Addendum Receipt Acknowledgement Certification
42. Reference Form
43. Organization Information
44. Proposed Scheduled of Subcontractors Participation
45. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1
through 1.02.A.36, but which are included in the Project Manual and any
additional documents agreed upon by the Parties shall be included as a
part of the Contract.
These documents form the Contract and all are as fully a part of the Contract as if
attached to this Agreement or repeated herein. As the documents indicated above
are executed, the date of final execution and initials of the individual who received
the executed document(s) is to be added to the blank next to the listed document(s)
when processed and made a part of the City's official set of Contract Documents.
B. Scope of Work
The Contractor shall perform all Work required by the Contract Documents for
the construction of the Recase Mayfair Golf Course Potable Water Well #1.
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AGREEMENT
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C. Contract Time
The Contractor shall begin Work after the issuance of a written Notice to Proceed
from Owner and shall substantially complete the Work within the Contract Time
identified in Paragraphs 1.02.C.5 of the Bid Form, which is 90 calendar
days. The Work shall be finally complete, ready for Final Payment in accordance
with the General Conditions, within 120 calendar days from the actual date of
substantial completion.
D. Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss ifthe Work is not substantially
complete within the time specified in Paragraph C above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize
the delays, expense and difficulties involved in proving in a legal arbitration
proceeding the actual loss suffered by OWNER if the Work is not substantially
complete on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER $ 1000 for each calendar day that expires
after the time specified in Paragraph C for substantial completion until the Work is
substantially complete. It is agreed that if this Work is not Finally completed in
accordance with the Contract Documents, the CONTRACTOR shall pay the
OWNER as liquidated damages for delay, and not as penalty, one-fourth (%) of
the rate set forth above.
E. Contract Price
Lump Sum Contract
The Owner will pay the Contractor in current funds for the performance of the Work,
subject to additions and deductions by Change Order, the Total Contract Lump
Sum Price of Ninety -Five Thousand Dollars and 00/100 Dollars ($95 ,000.00).
Payments will be made to the Contractor based on the Schedule of Values
included as a part of his Bid, which shall be as fully a part of the Contract as if
attached or repeated herein, and subject to completion of the Work, in accordance
with the Contract Documents.
F. City of Sanford Tax Recovery
The CONTRACTOR shall cooperate with the CITY in the implementation of the
CITY's tax recovery program and, to that end, the CITY may make purchases
directly under its purchase order processes relative to various materials, supplies
and equipment that may be part of the services provided under this Agreement.
The CONTRACTOR hereby recognizes the right of the CITY to engage in tax
recovery/savings through direct purchases.
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AGREEMENT
G. Payments
The Owner will make payments as provided in the General Conditions and
Supplementary Conditions.
H. Retainage
In accordance with the provisions of the State of Florida Local Government Prompt
Payment Act, the value of each application for payment shall be equal to the total
value of the Work performed to date, less an amount retained, and less payments
previously made and amounts withheld in accordance with the General Conditions
and Supplementary Conditions. Retainage for this Project is 10%, to be held by
Owner as collateral security to ensure completion of Work. When the Work is 50
percent complete, defined as being 50 percent complete based on the construction
progress schedule as updated during construction, and expenditure of at least 50
percent of the total updated construction cost, retainage shall be reduced in
accordance with State law.
Engineer
The Project has been designed by CPH, Inc., referred to in the documents as the
Engineer.
Additional Terms and Conditions
The CONTRACTOR hereby warrants and represents to the CITY that it is
competent and otherwise able to provide professional and high quality
goods and/or services to the CITY by means of employees who are neat in
appearance and of polite demeanor.
2. All submissions submitted by the CONTRACTOR in the proposals/bid
submitted to the CITY are hereby incorporated herein to the extent not
inconsistent with the terms and conditions as set forth herein.
3. The CONTRACTOR acknowledges that the CITY may retain other goods
and/or service providers to provide the same goods and/or services for
CITY projects. The CONTRACTOR acknowledges that the CITY, at the
CITY's option, may request proposals from the CONTRACTOR and the
other goods and/or service providers for CITY projects. The CITY reserves
the right to select which goods and/or services provider shall provide
goods and/or services for the CITY's projects.
4. The CONTRACTOR agrees to provide and ensure coordination between
goods/services providers.
5. Each party hereto represents to the other that it has undertaken all
necessary actions to execute this Agreement, and that it has the legal
authority to enter into this Agreement and to undertake all obligations
imposed on it. The person(s) executing this Agreement for the
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SAN'iF-0R
CONTRACTOR certify that he/she/they is/are authorized to bind the
CONTRACTOR fully to the terms of this Agreement.
6. The CONTRACTOR hereby guarantees the CITY that all materials,
supplies, services and equipment as listed on a Purchase Order meet the
requirements, specifications and standards as provided for under the
Federal Occupations Safety and Health Act of 1970, from time to time
amended and in force on the date hereof.
7. It is agreed that nothing herein contained is intended or should be
construed as in any manner creating or establishing a relationship of co-
partners between the parties, or as constituting the CONTRACTOR
(including, but not limited to, its officers, employees, and agents) the agent,
representative, or employee of the CITY for any purpose, or in any manner,
whatsoever. The CONTRACTOR is to be and shall remain forever an
independent contractor with respect to all services performed under this
Agreement.
8. Persons employed by the CONTRACTOR in the provision and
performance of the goods and/or services and functions pursuant to this
Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil service or other employee rights or
privileges granted to the CITY's officers and employees either by operation
of law or by the CITY.
9. No claim for goods and/or services furnished by the CONTRACTOR not
specifically provided for herein shall be honored by the CITY.
10. Execution of this Agreement by the CONTRACTOR is a representation that
the CONTRACTOR is familiar with the goods and/or services to be
provided and/or performed and with local conditions. The CONTRACTOR
shall make no claim for additional time or money based upon its failure to
comply with this Agreement. The CONTRACTOR has informed the CITY,
and hereby represents to the CITY, that it has extensive experience in
performing and providing the services and/or goods described in this
Agreement and that it is well acquainted with the components that are
properly and customarily included within such projects and the
requirements of laws, ordinance, rules, regulations or orders of any public
authority or licensing entity having jurisdiction over the CITY's Projects.
11. Quality, Professional Standards, and Security Requirements
a. Under this paragraph 11, the term "CONTRACTOR'S employees"
shall include CONTRACTOR'S agents, employees and
SUBCONTRACTORS extending to SUBCONTRACTORS agents
and employees.
b. The CONTRACTOR shall be responsible for the professional
quality, accepted standards, technical accuracy, neatness of
appearance of employees, employee conduct, safety, and the
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coordination of all services furnished by the CONTRACTOR under
any Agreement resulting from this solicitation. The City reserves
the right to require all CONTRACTOR employees, when on City
property or Work sites, to wear identification badges at all times
which, at a minimum, provides the name of the employee and the
CONTRACTOR.
The CITY reserves the right to require the CONTRACTOR to
provide to the CITY a list of employees working on the project. Also,
the list shall include employee working days, times and
assignments within forty-eight (48) hours of the CITY's written
request for such information. This information will be reviewed,
screened and verified by the CITY, prior to the employees of the
CONTRACTOR entering the CITY's premises and/or work sites.
d. The CONTRACTOR shall comply with Section 00525 concerning
criminal background check requirements of the employees of the
Contractor and Subcontractors.
e. In the event employees of the Contractor and Subcontractor do not
qualify to Work on the Project due to A) Failure to have the required
criminal background check reports submitted to the City by the
FDLE; or B) Unsatisfactory background check reports on
employees; then those employees will be disqualified by the City,
and those disqualified employees will not be allowed to Work on the
Project. Disqualification of employees to Work on the Project is a
non -excusable delay to the Contract for which the City will not grant
a Contract Time extension.
Additionally, the CITY may request and the CONTRACTOR shall
provide the name, address and social security number and licenses
(driver's, commercial drivers license or CDL, or other operator's
license) for employees of the CONTRACTOR and/or
SUBCONTRACTORS that may work on the CITY's premises in
positions found by the City to be critical to the security and/or public
safety of the CITY by reason of access to any publicly owned or
operated facility. The CONTRACTOR shall release such
information upon approval of the affected employees. If an
employee refuses to authorize the release of their address, social
security number and/or licenses they shall not be allowed to work
or continue to work in such critical positions.
e. The CONTRACTOR shall work closely with the CITY on all aspects
of the provision of the goods and/or services. With respect to
services, the CONTRACTOR shall be responsible for the
professional quality, technical accuracy, competence,
methodology, accuracy and the coordination of all of the following
which are listed for illustration purposes and not as a limitation:
documents, analysis, reports, data, plans, plats, maps, surveys,
specifications, and any and all other services of whatever type or
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AGREEMENT
nature furnished by the CONTRACTOR under this Agreement. The
CONTRACTOR shall, without additional compensation, correct or
revise any errors or deficiencies in his/her/its plans, analysis, data,
reports, designs, drawings, specifications, and any and all other
services of whatever type or nature. The CONTRACTOR's
submissions in response to the subject bid or procurement
processes are incorporated herein by this reference thereto.
12. Neither the CITY's review, approval or acceptance of, nor payment for, any
of the goods and/or services required shall be construed to operate as a
waiver of any rights under this Agreement or of any cause of action arising
out of the performance of this Agreement and the CONTRACTOR shall be
and remain liable to the CITY in accordance with applicable law for all
damages to the CITY caused by the CONTRACTOR negligent or improper
performance or failure to perform any of the goods and/or services
furnished under this Agreement.
13. The rights and remedies of the CITY, provided for under this Agreement,
are in addition to any other rights and remedies provided by law.
14. Time is of the essence in the performance of all goods and/or services
provided by the CONTRACTOR under the terms of this Agreement.
15. Invoices, which are in an acceptable form to the CITY and without
disputable items, which are received by the CITY, will be processed for
payment within thirty (30) days of receipt by the CITY.
16. The CONTRACTOR will be notified of any disputable items contained in
invoices submitted by the CONTRACTOR within fifteen (15) days of receipt
by the CITY with an explanation of the deficiencies.
17. The CITY and the CONTRACTOR will make every effort to resolve all
disputable items contained in the CONTRACTOR's invoices.
18. Each invoice shall reference this Agreement, the appropriate billing period.
19. The Florida Prompt Payment Act shall apply when applicable. A billing
period represents the dates in which the CONTRACTOR completed goods
and/or services referenced in an invoice.
20. Invoices are to be forwarded directly the City's designated CEI
representative, as identifed at the preconstruction meeting, for review and
processing.
21. CITY designates the City Manager or his/her designated representative, to
represent the CITY in all matters pertaining to and arising from the Work
and the performance of this Agreement.
22. The City Manager, or his/her designated representative, shall have the
following responsibilities:
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a. Examination of all Work and rendering, in writing, decisions
indicating the CITY's approval or disapproval within a reasonable
time so as not to materially delay the Work of the CONTRACTOR;
b. Transmission of instructions, receipt of information, and
interpretation and definition of CITY's policies and decisions with
respect to design, materials, and other matters pertinent to the
Work covered by this Agreement;
C. Giving prompt written notice to the CONTRACTOR whenever the
CITY official representative knows of a defect or change necessary
in the Project; and
d. Coordinating and managing the CONTRACTOR's preparation of
any necessary applications to governmental bodies, to arrange for
submission of such applications.
23. Until further notice from the City Manager the designated representative for
this Agreement is:
Bilal Iftikhar
Public Works / Utility Director
City of Sanford
P.O. Box 1788
Sanford, Florida 32772
24. CITY may terminate this Agreement for convenience at any time or for any
one (1) or more of the reasons as follows:
a. If, in the CITY's opinion, adequate progress is not being made by
the CONTRACTOR due to the CONTRACTOR 's failure to perform;
or
b. If, in the CITY's opinion, the quality of the goods and/or services
provided by the CONTRACTOR is/are not in conformance with
commonly accepted professional standards, standards of the CITY,
and the requirements of Federal and/or State regulatory agencies,
and the CONTRACTOR has not corrected such deficiencies in a
timely manner as reasonably determined by the CITY; or
C. The CONTRACTOR, or any employee or agent of the
CONTRACTOR, is indicted or has a direct charge issued against
him for any crime arising out of or in conjunction with any Work that
has been performed by the CONTRACTOR; or
d. The CONTRACTOR becomes involved in either voluntary or
involuntary bankruptcy proceedings, or makes an assignment for
the benefit of creditors; or
e. The CONTRACTOR violates the Standards of Conduct provisions
herein or any provision of Federal, State or local law or any
provision of the CITY's Code of Conduct.
25. In the event of any of the causes of termination, the CITY's designated
representative may send a certified letter to the CONTRACTOR requesting
that the CONTRACTOR show cause why the Agreement should not be
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AGREEMENT
terminated. If assurance satisfactory to the CITY of corrective measures
to be made within a reasonable time is not given to the CITY within seven
(7) calendar days of the date of the letter, the CITY may consider the
CONTRACTOR to be in default, and may then immediately terminate this
Agreement.
26. In the event that this Agreement is terminated for cause and it is later
determined that the cause does not exist, then this Agreement or the
Purchase/Work Order shall be deemed terminated for convenience by the
CITY and the CITY shall have the right to so terminate this Agreement
without any recourse by the CONTRACTOR.
27. The CONTRACTOR may terminate this Agreement only if the CITY fails to
pay the CONTRACTOR in accordance with this Agreement.
28. Notwithstanding any other provision of this Agreement, the CITY shall have
the right at any time to terminate this Agreement in its entirely without
cause, if such termination is deemed by the CITY to be in the public
interest, in writing of deficiencies or default in the performance of its duties
under the Agreement and the CONTRACTOR shall have ten (10) days to
correct same or to request, in writing, a hearing. Failure of the
CONTRACTOR to remedy said specified items of deficiency or default in
the notice by either the CITY's designated representative within ten (10)
days of receipt of such notice of such decisions, shall result in the
termination of the Agreement, and the CITY shall be relieved of any and all
responsibilities and liabilities under the terms and provisions of the
Agreement.
29. The CITY shall have the right to terminate this Agreement without cause
with a sixty (60) day written notice to the other party. The CITY reserves
the right to terminate any Agreement for cause with a five (5) day written
notice to the CONTRACTOR. Notice shall be served to the parties as
specified in the Agreement.
30. In the event that this Agreement is terminated, the CITY shall identify any
specific Work to be continued to completion pursuant to the provisions of
this Agreement.
31. In the event that after the CITY termination for cause for failure of the
CONTRACTOR to fulfill its obligations under this Agreement it is found that
the CONTRACTOR has not so failed, the termination shall be deemed to
have been for convenience and without cause.
32. In the event this Agreement is terminated or canceled prior to final
completion without cause, payment for the unpaid portion of the services
provided by the CONTRACTOR to the date of termination and any
additional services shall be paid to the CONTRACTOR.
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AGREEMENT
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33. Upon receipt of notice of termination, given by either party, the terminated
party shall promptly discontinue the provision of all goods and/or services,
unless the notice provides otherwise.
34. The performance or provision of the CONTRACTOR's goods and/or
services under this Agreement may be suspended by the CITY at any time.
35. In the event the CITY suspends the performance or provision of the
CONTRACTOR services hereunder, the CITY shall so notify the
CONTRACTOR in writing, such suspension becoming effective within
seven (7) days from the date of mailing, and the CITY shall pay to the
CONTRACTOR within thirty (30) days all compensation which has become
due to and payable to the CONTRACTOR to the effective date of such
suspension. The CITY shall thereafter have no further obligation for
payment to the CONTRACTOR for the suspended provision of goods
and/or services unless and until the CITY's designated representative
notifies the CONTRACTOR in writing that the provision of the goods and/or
services of the CONTRACTOR called for hereunder are to be resumed by
the CONTRACTOR.
36. Upon receipt of written notice from the CITY that the CONTRACTOR's
provision of goods and/or services hereunder are to be resumed, the
CONTRACTOR shall continue to provide the services to the CITY.
37. The CONTRACTOR agrees that it will not discriminate against any
employee or applicant for employment for Work under this Agreement
because of race, color, religion, sex, age, national origin or disability and
will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color,
religion, sex, age, national origin or disability. This provision shall include,
but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment advertising; layoff or termination; rates of pay or their
forms or compensation; and selection for training, including apprenticeship.
The CONTRACTOR, moreover, shall comply with all the requirements as
imposed by the Americans with Disability Act, the regulations of the Federal
government issued thereunder, and any and all requirements of Federal or
State law related thereto.
38. Indemnity and Insurance
a. To the fullest extent permitted by law, the CONTRACTOR shall
indemnify, hold harmless and defend the CITY, its agents, servants,
officers, officials and employees, or any of them, from and against
any and all claims, damages, losses, and expenses including, but
not limited to, attorney's fees and other legal costs such as those
for paralegal, investigative, and legal support services, and the
actual costs incurred for expert witness testimony, arising out of or
resulting from the performance or provision of services required
under this Agreement, provided that same is caused in whole or in
part by the error, omission, negligent act, failure to act, breach of
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AGREEMENT
contract obligation, malfeasance, officers, officials, employees, or
subCONTRACTORs. Additionally, the CONTRACTOR accepts
responsibility for all damages resulting in any way related to the
performance of Work. In no event, shall either party be responsible
or liable to the other for any incidental, consequential, or indirect
damages, whether arising by contract or tort.
b. In accordance with Section 725.06, Florida Statutes, adequate
consideration has been provided to the CONTRACTOR for this
obligation, the receipt and sufficiency of which is hereby specifically
acknowledged.
C. Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the CITY as set forth in Section 768.28, Florida
Statutes.
d. In claims against any person or entity, indemnification under this
Section by an employee of the CONTRACTOR or its agents or
subCONTRACTORs, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable, the
indemnification obligation under this Section shall not be limited by
a limitation on amount or type of damages, compensation, or
benefits payable by or for the CONTRACTOR or its agents or
subCONTRACTORs, under Workers Compensation acts, disability
benefits acts, or other employee benefit acts.
e. The execution of this Agreement by the CONTRACTOR shall
obligate the CONTRACTOR to comply with the indemnification
provision of this Agreement; provided, however, that the
CONTRACTOR must also comply with the provisions of this
Agreement relating to insurance coverage.
f. The CONTRACTOR shall submit a report to the CITY within twenty-
four (24) hours of the date of any incident resulting in damage or
which is reasonably likely to result in a claim of damage.
39. The CONTRACTOR shall obtain or possess and continuously maintain the
insurance coverage as set forth and required in the bid documents.
40. All insurance other than Workers Compensation and Professional Liability
that must be maintained by the CONTRACTOR shall specifically include
the CITY as an additional insured.
41. The CONTRACTOR shall provide Certificates of Insurance to the CITY
evidencing that all such insurance is in effect prior to the issuance of the
first Purchase/Work Order under this Agreement from the CITY. These
Certificates of Insurance shall become part of this Agreement. Neither
approval by the CITY nor failure to disapprove the insurance furnished by
a CONTRACTOR shall relieve the CONTRACTOR of the
CONTRACTOR's full responsibility for performance of any obligation
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AGREEMENT
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including the CONTRACTOR's indemnification of the CITY under this
Agreement. If, during the period which an insurance company is providing
the insurance coverage required by this Agreement, an insurance company
shall: (1) lose its Certificate of Authority, (2) no longer comply with Section
440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating
and Financial Size Category, the CONTRACTOR shall, as soon as the
CONTRACTOR has knowledge of any such circumstance, immediately
notify the CITY and immediately replace the insurance coverage provided
by the insurance company with a different insurance company meeting the
requirements of this Agreement. Until such time as the CONTRACTOR
has replaced the unacceptable insurer with insurance acceptable to the
CITY, the CONTRACTOR shall be deemed to be in default of this
Agreement.
42. The insurance coverage shall contain a provision that requires that prior to
any changes in the coverage, except increases in aggregate coverage,
thirty (30) days prior notice will be given to the CITY by submission of a
new Certificate of Insurance.
43. The CONTRACTOR shall furnish Certificates of Insurance directly to the
CITY's Designated Representative. The certificates shall clearly indicate
that the CONTRACTOR has obtained insurance of the type, amount and
classification required by this Agreement.
44. Nothing in this Agreement or any action relating to this Agreement shall be
construed as the CITY's waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes.
45. The CITY shall not be obligated or liable under the terms of this Agreement
to any party other than the CONTRACTOR. There are no third party
beneficiaries to this Agreement.
46. The CONTRACTOR is an independent contractor and not an agent,
representative, or employee of the CITY. The CITY shall have no liability
except as specifically provided in this Agreement.
47. All insurance shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the CITY.
48. The CONTRACTOR warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement and that the
CONTRACTOR has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee working
solely for the CONTRACTOR, any fee, commission, percentage, gift, or
any other consideration, contingent upon or resulting from the award of
making this Agreement.
49. The CONTRACTOR shall not discriminate on the grounds of race, color,
religion, sex, or national origin in the performance of Work under this
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Agreement or violate any laws pertaining to civil rights, equal protection or
discrimination.
50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict
of interest exists with respect to the Agreement, including, but not limited
to, any conflicts that may be due to representation of other clients,
customers or vendees, other contractual relationships of the
CONTRACTOR, or any interest in property that the CONTRACTOR may
have. The CONTRACTOR further certifies that any conflict of interest that
arises during the term of this Agreement shall be immediately disclosed in
writing to the CITY. Violation of this Section shall be considered as
justification for immediate termination of this Agreement.
51. The CONTRACTOR shall ensure that all taxes due from the
CONTRACTOR are paid in a timely and complete manner including, but
not limited to, occupational license tax.
52. If the CITY determines that any employee or representative of the
CONTRACTOR is not satisfactorily performing his/her assigned duties or
is demonstrating improper conduct pursuant to any assignment or Work
performed under this Agreement, the CITY shall so notify the
CONTRACTOR, in writing. The CONTRACTOR shall immediately remove
such employee or representative of the CONTRACTOR from such
assignment.
53. The CONTRACTOR shall not publish any documents or release
information regarding this Agreement to the media without prior approval
of the CITY.
54. The CONTRACTOR shall certify, upon request by the CITY, that the
CONTRACTOR maintains a drug free workplace policy in accordance with
Section 287.0878, Florida Statutes. Failure to submit this certification may
result in termination.
55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list
following a conviction for a public entity crime, such action may result in
termination by the CITY. The CONTRACTOR shall provide a certification
of compliance regarding the public crime requirements set forth in State
law upon request by the CITY.
56. The CITY reserves the right to unilaterally terminate this Agreement if the
CONTRACTOR refuses to allow public access to all documents, papers,
letters, or other materials subject to provisions of Chapter 119, Florida
Statutes, and other applicable law, and made or received by the
CONTRACTOR in conjunction, in any way, with this Agreement.
57. The CONTRACTOR shall comply with the requirements of the Americans
with Disabilities Act (ADA), and any and all related Federal or State laws
which prohibits discrimination by public and private entities on the basis of
disability.
Recase Mayfair Golf Course Potable Water Well #1
00520-13
AGREEMENT
S�NJ'4
w y.
58. The CITY will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting
a violation of the employment provisions contained in 8 U.S.C. Section
1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The
CITY shall consider the employment by the CONTRACTOR of
unauthorized aliens, a violation of Section 274A(e) of the INA. Such
violation by the CONTRACTOR of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for immediate termination of
this Agreement by the CITY.
59. The CONTRACTOR agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the
goods and/or services provided to the CITY. The CONTRACTOR agrees
that any program or initiative involving the Work that could adversely affect
any personnel involved, citizens, residents, users, neighbors or the
surrounding environment will ensure compliance with any and all
employment safety, environmental and health laws.
60. The CONTRACTOR shall ensure that all goods and/or services are
provided to the CITY after the CONTRACTOR has obtained, at its sole and
exclusive expense, any and all permits, licenses, permissions, approvals
or similar consents.
61. If applicable, in accordance with Section 216.347, Florida Statutes, the
CONTRACTOR shall not use funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or State agency.
62. The CONTRACTOR shall advise the CITY in writing of it who has been
placed on a discriminatory vendor list, may not submit a bid on a contract
to provide goods or services to a public entity, or may not transact business
with any public entity.
63. The CONTRACTOR shall not engage in any action that would create a
conflict of interest in the performance of that actions of any CITY employee
or other person during the course of performance of, or otherwise related
to, this Agreement or which would violate or cause others to violate the
provisions of Part 111, Chapter 112, Florida Statutes, relating to ethics in
government.
64. The CONTRACTOR shall maintain books, records, documents, time and
costs accounts and other evidence directly related to its provision or
performance of services under this Agreement. All time records and cost
data shall be maintained in accordance with generally accepted accounting
principles.
65. The CONTRACTOR shall maintain and allow access to the records
required under this Section for a minimum period of five (5) years after the
completion of the provision or performance goods and/or services under
Recase Mayfair Golf Course Potable Water Well #1
00520-14
AGREEMENT
c km.::ju)
this Agreement and date of final payment for said goods and/or services,
or date of termination of this Agreement.
66. The CITY may perform, or cause to have performed, an audit of the records
of the CONTRACTOR before or after final payment to support final
payment under any Purchase/Work Order issued hereunder. This audit
shall be performed at a time mutually agreeable to the CONTRACTOR and
the CITY subsequent to the close of the final fiscal period in which goods
and/or services are provided or performed. Total compensation to the
CONTRACTOR may be determined subsequent to an audit as provided for
in this Section, and the total compensation so determined shall be used to
calculate final payment to the CONTRACTOR. Conduct of this audit shall
not delay final payment as required by this Section.
67. In addition to the above, if Federal, State, County, or other entity funds are
used for any goods and/or services under this Agreement, the Comptroller
General of the United States or the Chief Financial Officer of the State of
Florida, or the County of Seminole, or any representatives, shall have
access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to goods and/or services
provided or performed under this Agreement for purposes of making audit,
examination, excerpts, and transcriptions.
68. In the event of any audit or inspection conducted reveals any overpayment
by the CITY under the terms of the Agreement, the CONTRACTOR shall
refund such overpayment to the CITY within thirty (30) days of notice by
the CITY of the request for the refund.
69. The CONTRACTOR agrees to fully comply with all State laws relating to
public records.
70. The CONTRACTOR agrees that if any litigation, claim, or audit is started
before the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings involving
the records have been resolved and final action taken.
71. The CONTRACTOR shall not sublet, assign or transfer any interest in this
Agreement, or claims for the money due or to become due out of this
Agreement to a bank, trust company, or other financial institution without
written CITY approval. When approved by the CITY, written notice of such
assignment or transfer shall be furnished promptly to the CITY.
72. Any CONTRACTOR proposed subcontractors shall be submitted to the
CITY for written approval prior to the CONTRACTOR entering into a
subcontract. Subcontractor information shall include, but not be limited to,
State registrations, business address, occupational license tax proof of
payment, and insurance certifications.
73. The CONTRACTOR shall coordinate the provision of goods and/or
services and Work product of any CITY approved subcontractors, and
Recase Mayfair Golf Course Potable Water Well #1 AGREEMENT
00520.15
A
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f #. „
remain fully responsible for such goods and/or services and Work under
the terms of this Agreement.
74. Any subcontract shall be in writing and shall incorporate this Agreement
and require the subcontractor to assume performance of the
CONTRACTOR's duties commensurately with the CONTRACTOR's
duties to the CITY under this Agreement, it being understood that nothing
herein shall in any way relieve the CONTRACTOR from any of its duties
under this Agreement. The CONTRACTOR shall provide the CITY with
executed copies of all subcontracts.
75. The CONTRACTOR shall reasonably cooperate at all times with the CITY
and other CITY contractors and professionals.
76. This Agreement is to be governed by the laws of the State of Florida.
77. Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
78. This Agreement is the result of bona fide arms length negotiations between
the CITY and the CONTRACTOR and all parties have contributed
substantially and materially to the preparation of the Contract. Accordingly,
this Agreement shall not be construed or interpreted more strictly against
any one party than against any other party.
79. Neither party shall be considered in default in performance of its obligations
hereunder to the extent that performance of such obligations, or any of
them, is delayed or prevented by Force Majeure. Force Majeure shall
include, but not be limited to, hostility, terrorism, revolution, civil commotion,
strike, epidemic, fire, flood, wind, earthquake, explosion, any law,
proclamation, regulation, or ordinance or other act of government, or any
act of God or any cause whether of the same or different nature, existing
or future; provided that the cause whether or not enumerated in this Section
is beyond the control and without the fault or negligence of the party
seeking relief under this Section.
80. This Agreement, together with the exhibit(s), if any, constitutes the entire
integrated Agreement between the CITY and the CONTRACTOR and
supersedes all prior written or oral understandings in connection therewith.
This Agreement, and all the terms and provisions contained herein,
including without limitation the exhibits hereto, constitute the full and
complete agreement between the parties hereto to the date hereof, and
supersedes and controls over any and all prior agreements,
understandings, representations, correspondence and statements whether
written or oral.
81. This Agreement may only be amended, supplemented or modified by a
formal written amendment.
Recase Mayfair Golf Course Potable Water Well #1 AGREEMENT
00620-16
82. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed
by the parties.
83. Written notice requirements of this Agreement shall be strictly construed
and such requirements are a condition precedent to pursuing any rights or
remedies hereunder. The CONTRACTOR agrees not to claim any waiver
by CITY of such notice requirements based upon CITY having actual
knowledge, implied, verbal or constructive notice, lack of prejudice or any
other grounds as a substitute for the failure of the CONTRACTOR to
comply with the express written notice requirements herein. Computer
notification (e-mails and message boards) shall not constitute proper
written notice under the terms of the Agreement.
84. The failure of the CITY to insist in any instance upon the strict performance
of any provision of this Agreement, or to exercise any right or privilege
granted to the CITY hereunder shall not constitute or be construed as a
waiver of any such provision or right and the same shall continue in force.
85. In no event shall any obligation of the CITY under this Agreement be or
constitute a general obligation or indebtedness of the CITY, a pledge of the
ad valorem taxing power of the CITY or a general obligation or
indebtedness of the CITY within the meaning of the Constitution of the
State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
86. The CONTRACTOR shall not have the right to compel the exercise of the
ad valorem taxing power of the CITY.
87. Each exhibit referred to and attached to this Agreement is an essential part
of this Agreement. The exhibits and any amendments or revisions thereto,
even if not physically attached hereto, shall be treated as if they are part of
this Agreement.
88. The Section headings and captions of this Agreement are for convenience
and reference only and in no way define, limit, describe the scope or intent
of this Agreement or any part thereof, or in any way affect this Agreement
or construe any provision of this Agreement.
89. If any term, provision or condition contained in this Agreement shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement,
or the application of such term, provision or condition to persons or
circumstances other than those in respect of which it is invalid or
unenforceable, shall not be affected thereby, and each term, provision and
condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law when consistent with equity and the public interest.
90. All provisions of this Agreement shall be read and applied in para materia
with all other provisions hereof.
Recase Mayfair Golf Course Potable Water Well #1 AGREEMENT
00520-17
{" ;0 t ;
SANFORL
91. In the event of a dispute related to any performance or payment obligation
arising under this Agreement, the parties agree to exhaust any alternative
dispute resolution procedures reasonably imposed by the CITY prior to
filing suit or otherwise pursuing legal remedies.
92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal
remedies based on facts or evidentiary materials that were not presented
for consideration to the CITY in alternative dispute resolution procedures
or which the CONTRACTOR had knowledge and failed to present during
the CITY procedures.
93. In the event that CITY procedures are exhausted and a suit is filed or legal
remedies are otherwise pursued, the parties shall exercise best efforts to
resolve disputes through voluntary mediation. Mediator selection and the
procedures to be employed in voluntary mediation shall be mutually
acceptable to the parties. Costs of voluntary mediation shall be shared
equally among the parties participating in the mediation.
94. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document.
K. Mandatory Compliance with Chapter 119 Florida Statutes and Public Records
Requests. In order to comply with Section 119.0701, Florida Statutes, public
records laws, the CONTRACTOR must:
Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the service.
2. Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
4. Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of the CONTRACTOR upon
5. Termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
CITY in a format that is compatible with the information technology systems
of the CITY.
Recase Mayfair Golf Course Potable Water Well #1
00520-18
AGREEMENT
SANFORD
` W'p ;_ ,y u,,,�I
6. If the CONTRACTOR does not comply with a public records request, the
CITY shall enforce the contract provisions in accordance with this
Agreement.
7. Failure by the CONTRACTOR to grant such public access and comply with
public records requests shall be grounds for immediate unilateral
cancellation of this Agreement by the CITY. The CONTRACTOR shall
promptly provide the CITY with a copy of any request to inspect or copy
public records in possession of the CONTRACTOR and shall promptly
provide the CITY with a copy of the CONTRACTOR's response to each
such request.
8. The CONTRACTOR shall note the following:
IF THE CONTRACTORIVE NDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S
(VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY
HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA
32771, JOLIC INT(d S
Recase Mayfair Golf Course Potable Water Well #1
00520-19
AGREEMENT
AT 4
SANI,"ORD
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
CONTRACTOR: Thompson Well & Pump, Inc.
Name of Firm
;V�" 4-4-1-4a-
B'Sig lKature) If V -- Date
Jerry E. Thompson, Jr., President
Printed Name and Title
AT
(Signature) Date
Sarah B. Thompson, Vice President
Printed Name and Title
'PAY1,121:11
Name of Owner
Printed Name and Title
ATTEST:
NO, Rplm- SaDlq
By (Signature) Date
Traci Houchin, City Clerk
Printed Name and Title
Approved s to form and legal sufficiency.
22,
William L. Colbert Date
City Attorney
END OF SECTION
Recase Mayfair Golf Course Potable Water Well #1
00520-20
(SEAL)
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SECTION00610
N PAYMENT BON' GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
+� CFN# 2019093715 Bk:9425 Page:1250-1253 (413gs)
KNOW ALL MEN BY THESE PRESENTS: that REC: 08/28/2019 3:27:22 PM by hdevore
RECORDING FEES $35.50
Thompson Well & Pump, Inc.
M (Name of CONTRA. _
w 219 S. Spring Garden Avenue, Deland, FL 32720 (386) 740-0180
(Address of CONTRACTOR)
4°
V) a Corporation hereinafter called
a� (Corporation, Partnership or Individual)
Principal, and Westfield Insurance Company
(Name of Surety)
P.O Box 5001, Westfield Center, Ohio 44251 (800) 430-1386
(Address of Surety) The City of Sanford
300 North Park Ave. Sanford, FL 32771
hereinafter called Surety, are held and firmly bound unto 1)(407) 688-5000
hereinafter called OWNER, in the full and just Sum of Ninety -Five Thousand and 00/100
DOLLAB,9-($ 95,000.00 ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (100%) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the day of f'\-- -�
a copy of which is hereto attached and made a part he of for the construction of 2)
IFB 18/19-26R Recase Golf Course Potable Water Well No. 1
Mayfair Gold Course - 25th Street and Rantoul Lane - Sanford, FL
i) Name of Owner
2) Name of Project identified in Instructions to Bidders
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however, to the following conditions:
1. This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
2. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
IFB 18/19-26R 00610-1
�tssz}
supplies shall, within forty-five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, deliver to the CONTRACTOR and to the Surety
written notice of the performance of the labor or delivery of the Materials or
supplies and of the nonpayment. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement 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 or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement 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 Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF this instrument is executed this the ' 14e day of August
2019
ATTE-ST:
150 I
S cretary (Principal)
Sarah B. Thompson
Typed Name
(CORPORATE SEAL)
IFB 18/19-26R 00610-2
Thompson Well & Pump, Inc.
Princh al (Contractor)
'yftnature)
Jerry E. Thompson, Jr. President
Typed Name and Title
219 S. Spring Garden Avenue
Address
S ORD
MWEDGMAKU
State, Zip
(386) 740-0180 (386) 740-1753
ss
ncipal) Telephone No. Facsimile No.
Sarah B. Thompson
Typed Nome
ATTEST:
(Surety) Secretary
Typed Name
(CORPORATE SEAL)
VVitrYesmaotoGumt
-s to Sure
April Lively
Typed Name
Westfield Insurance Company
Surety
464-2034 N/A
Telephone No. Facsimile No.
091 RIA, WR 0), / , We ff�
'A ftorney-in-Fact
Christine Annette Morton
Typed Name
1SO4Boothe Circle
�
Address
Longwood, FL3275O
City, State, Zip
(407) 834-0022 (407) 260-1767
Telephone No. Facsimile No.
NOTE: Date of the Bond must not beprior todate of Agreement. If CONTRACTOR isojoint
vartuna, all venturers mhmU execute the Bond. If CONTRACTOR is Pednmrehip, all partners
shall execute Bond.
IMPORTANT: 8urah/ 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
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of -Attorney appointing individual Attonney-in-Foctfor execution of
Performance Bond on behalf of Surety.
END OF SECTION
IFB 18119-26R 00610-3
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 10126117, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 0991862 02
General
Power
of Attorney
CERTIFIED COPY
Westfield Insurance Co.
Westfield National Insurance Co,
Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as 'Companies,' duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
JACK W. GUIGNARD, BRYCE R. GUIGNARD, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L. HINDLEY, MARGIE
LYNN MORRIS, CHRISTINE ANNETTE MORTON, EILEEN C. HEARD, JOINTLY OR SEVERALLY
of LONGWOOD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments -or contracts of
suretyship - - ---•-•------- --------------- - --
LIMITATION:THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
Ui R
GANTUI OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 26th day of OCTOBER A.D., 2017 .
Corporate '�sYR$ �;oNAt; " WESTFIELD INSURANCE COMPANY
Seals i� • ••€' a ,rf^ .......... sG': �x'� •.' WESTFIELD NATIONAL INSURANCE COMPANY
Affixed°` .A. 'tit►sa, M �r` +# OHIO FARMERS INSURANCE COMPANY
�€ r .4•Ci a s nl JE� m e =e7►' �a
W44 rs c 21340
„' •' .•a By:
State of Ohio "•'”""' Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 26th day of OCTOBER A.D., 2017 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal AL
Affixed�P••„•....... S
z° „t1U/1F f
azeef/4ibL
David A. Kotnik, Attorney at Law, Notary Public
State of Ohio "01 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: �Tv>
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
BPOAC2 (combined) (06-02)
Secrdary
1848 sSecretary1
�rFrank A. Carrino,
.
I�U
Bond i
FINANCE DEPARTMENT
SECTION 00605
PERFORMANCE BO GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019093714 Bk:9425 Page:1246-1249 (4Pgs)
KNOW ALL MEN BY THESE PRESENTS: that REC: 2 3:27:21 PM by hdevore
RECORRDINDING FFEEES $35.50
Thompson Well & Pump, Inc.
(Name of CONTRACTOR)
219 S. Spring Garden Avenue, Deland, FL 32720 (386) 740-0180
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal, and Westfield Insurance Company
(Name of Surety)
P.O Box 5001, Westfield Center, Ohio 44251 (800) 430-1386
(Address of Surety) The City of Sanford
300 North Park Ave. Sanford, FL 32771
hereinafter called Surety, are held and firmly bound unto 1) (407) 688-5000
hereinafter called OWNER, in the full and just Sum of Ninety -Five Thousand and 00/100
DOLLARS ($ $95,000.00 ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (100%) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated thea0ay of _ < n
a copy of which is hereto attached and made a part he' of for the construction of 2)
IFB 18/19-26R Recase Mavfair Golf Course Potable Water Well No. 1
Mayfair Gold Course - 25th Street and Rantoul Lane - Sanford, FL
1) Name of Owner
2) Name of Project identified in Instructions to Bidders
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
IFB 18/19-26R
Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
prescribed in the Agreement, and
00605-1
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FINANCE DEPARTMENT
2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Agreement, and
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as a material breach of the Bond and
bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii) re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon OWNER's
pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement 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 or Principal or its estate as a result of
any such proceeding.
IFB 18119-26 00606-2
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FINANCE DEPARTMENT
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement 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 Sum of this Bond shall increase or
decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law
bond.
IN WITNESS WHEREOF, this instrument is executed this the day of August
2019
ATT ST:
L�
retary (Principal)
Sarah B. Thompson
Typed Name
(CORPORATE SEAL)
� Vill
(Witness to Principal)
Sarah B. Thompson
Typed Name
ATTEST:
N/A
(Surety) Secretary
N/A
Typed Name
(CORPORATE SEAL)
IFB 18119-26 00605-3
Thompson Well & Pump, Inc.
Prin 'pal (Contrac r)
Aignature)
Jerry E. f
EThom son 'Jr. President
p
Typed Name and Title
219 S. Spring Garden Avenue
Address
Deland, FL 32720
City, State, Zip
(386) 740-0180 (386) 740-1753
Telephone No. Facsimile No.
Westfield Insurance Company
Surety
(813) 464-2034 N/A
Telephone No. Facsimile No.
CITY OF
1140.D
DEPARTMENTFINANCE
7 1
Wiffiness as to Suret)(/ -
Te1Rl:'r'
as -
April Lively
Typed Name
Christine Annette Morton
Typed Name
1904 Boothe Circle
Address
Longwood, FL 32750
City, State, Zip
(407) 834-0022 (407) 260-1767
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' shall execute the Bond. If CONTRACTOR is partnership, all partners shall
execute the Bond.
IMPORTANT: 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
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of -Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
IFB 18/19-26R 00605-4