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HomeMy WebLinkAbout2556 IFB 22/23-21 Sanford NWRF & SWRC Electrical System ImprovementsSACITNY OF FORD _ FINANCE DEPARTMENT y�l Thursday, May 16, 2024 t_ �r PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk/Mayor RE: IFB 22/23-21 Sanford NWRF & SWRC Electrical System Improvements The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® 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: ❑ Return originals to Purchasing- Department ❑ Return copies Special Instructions: Ma,r4o-1, Ord 4 e�z From T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc 57/1.5/202-4 Date SECTION 00510 NOTICE OF AWARD FORM To: Eau Gallie Electric, Inc. 2012 Aurora Road Melbourne, FL 32935 Project Name and Bid No.: Sanford North WRF and South WRC Electrical System Improvements IFB 22/23-21 The OWNER has considered the BID submitted by you, dated 11/09/2023 for the above described WORK in response to the Invitation for Bids and Bidding Documents. You are hereby notified that your BID has been accepted for BID items in the amount of $1,186,000.00. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 5th day of February 2024 OWNER: Craiq Radzak (Name of OWNER) By (Signature) Craig Radzak, Assistant City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by guahthis — day ofhtl)®.rtAQIQ ' Printed Na and Title Sanford North WRF and South WRC Electrical System Improvements END OF SECTION 00510-1 NOTICE OF AWARD IFB 2223-21 R Eau Gallie NOA Final Audit Report 2024-02-05 Created: 2024-02-05 By: Shannon Donohue (shannon.donohue@sanfordfl.gov) Status: Signed Transaction ID: CBJCHBCAABAA43Qog7ZHrn626M0-8MI42wONF71w-w-E "IFB 22_23-21 R Eau Gallie NOX History Document created by Shannon Donohue (shannon.donohue@sanfordfl.gov) 2024-02-05 - 10:02:56 PM GMT 24 Document emailed to Craig Radzak (craig.radzak@sanfordfl.gov) for signature 2024-02-05 - 10:02:59 PM GMT Email viewed by Craig Radzak (craig.radzak@sanfordfl.gov) 2024-02-05 - 10:13:47 PM GMT 60 Document e -signed by Craig Radzak (craig.radzak@sanfordfl.gov) Signature Date: 2024-02-05 -10:14:42 PM GMT -Time Source: server Agreement completed. 2024-02-05 - 10:14:42 PM GMT a Adobe Acrobat Sign SECTION 00520 AGREEMENTFORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the day of January 2024 by and between the City of Sanford Florida 300 North Park Avenue, 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 Eau Gallie Electric, Inc, whose principal and local address is 2012 Aurora Road Melbourne, FL 32935, 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. Executed, Section 00520 - Agreement Form. 2. 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. 3. Addenda Applicable to the Bid 4. Contractor's Bid, 00410. 5. Performance Bond, 00605. 6. Payment Bond, 00610 7. Material and Workmanship Bond, 00615. 8. Trench Safety (Executed Form), 00430 9. Non Collusion Affidavit, 00432 10. Conflict of Interest Affidavit, 00434 11. Public Entities Crime Affidavit, 00436 12. Compliance With the Public Records Law Affidavit, 00438 13. Bidder Information and Affidavit, 00440 14. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 Sanford North WRF and South WRC Electrical System Improvements 00520-1 AGREEMENT 15. Certification Of Non -Segregated Facilities (Executed Form), 00450 16. Disputes Disclosure (Executed Form), 00452 17. Drug Free Workplace (Executed Form), 00454 18. Unauthorized (Illegal) Alien Workers Affidavit, 00456 19. E -Verify Compliance Affidavit, 00458 20. Americans With Disabilities Act Affidavit, 00460 21. Equal Employment Opportunity Certification, 00462 22. Financial Information (Executed Form) (If Required by City), 00466 23. Criminal Background Check Requirements (If Required for Project by City), 00525 24. Insurance Certificate(s) 25. Notice of Award, 00510 26. Notice to Proceed, 00530. 27. Consent of Surety to Final Payment (Executed Form), 00617. 28. Contractor's Application for Payment (Executed Forms), 00625. 29. Certificate of Substantial Completion, 00626. 30. Certificate of Final Completion, 00627. 31. Contractor's Partial Release of Lien (Executed Forms), 00640. 32. Subcontractor's Final Release of Lien (Executed Form), 00641. 33. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 34. Contractor's Release of Lien (Executed Form), 00645. 35. Project Field Order (Executed Form), 00940. 36. Work Directive Change (Executed Form), 00945. 37. Change Order (Executed), 00950. 38. 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 SNWRF/SSWRC Electrical System Improvements 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 365 calendar days. The Work shall be finally complete, ready for Final Payment in accordance with Sanford North WRF and South WRC Electrical System Improvements 00520-2 AGREEMENT the General Conditions, within 60 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 if the 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 $1,000 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 One Million One Hundred Eighty -Six Thousand Dollars ($1.186,000.00). 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. G. Payment Procedures 1. Application for Payment: CONTRACTOR shall submit Applications for Payment in accordance with Article 14.02 of Section 00700 - General Conditions, Section 00800 - Supplementary Conditions 14.02.A.1 and 14.02.A.2, and Section 00625 - Application for Payment. Sanford North WRF and South WRC Electrical System Improvements 00520-3 AGREEMENT 2. Final Payment: Upon Final Inspection and Final Completion and acceptance of the Work in accordance with Articles 14.06 and 14.07 of Section 00700 - General Conditions, CITY shall pay the remainder of the contract price as provided in the General Conditions. H. Retainage Retainage for this Project is 5%. Engineer The Project has been designed by CPH, LLC, 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 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. Sanford North WRF and South WRC Electrical System Improvements 00520-4 AGREEMENT 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 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. Sanford North WRF and South WRC Electrical System Improvements 00520-5 AGREEMENT C. 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 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 Sanford North WRF and South WRC Electrical System Improvements 00520-6 AGREEMENT 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: Sanford North WRF and South WRC Electrical System Improvements AGREEMENT 00520-7 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: Craig Radzak Assistant City Manager 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 Sanford North WRF and South WRC Electrical System Improvements AGREEMENT 00520-8 that the CONTRACTOR show cause why the Agreement should not be 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. Sanford North WRF and South WRC Electrical System Improvements AGREEMENT 00520-9 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 Sanford North WRF and South WRC Electrical System Improvements 00520-10 AGREEMENT 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 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. 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 Sanford North WRF and South WRC Electrical System Improvements AGREEMENT 00520-11 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 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, Sanford North WRF and South WRC Electrical System Improvements 00520-12 AGREEMENT 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 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. Sanford North WRF and South WRC Electrical System Improvements 00520-13 AGREEMENT 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. 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 Sanford North WRF and South WRC Electrical System Improvements 00520-14 AGREEMENT provisions of Part III, 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 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. Sanford North WRF and South WRC Electrical System Improvements 00520-15 AGREEMENT 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 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 Sanford North WRF and South WRC Electrical System Improvements 00520-16 AGREEMENT 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. 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, Sanford North WRF and South WRC Electrical System Improvements AGREEMENT 00520-17 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. 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: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service. Sanford North WRF and South WRC Electrical System Improvements AGREEMENT 00520-18 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 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. 5. If the CONTRACTOR does not comply with a public records request, the CITY shall enforce the contract provisions in accordance with this Agreement. 6. 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. 7. The CONTRACTOR shall note the following: IF THE CONTRACTORNENDOR 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, TRACI.HOUCHIN@SAN FORDFL.GOV. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Sanford North WRF and South WRC Electrical System Improvements 00520-19 AGREEMENT 61 A, F(eclne 71c Narne of Firm By (Signature) J Date (SEA! , Printed dame and Title ' AT T By (Signature) Date �\Ct y-\ Printed Name and Title OWNER: City of Sanford Nance of Owner ArtArt W-dMf( 1/ GEST) Jan 25, 2024 By (Signature) Date (SEAL) Art Woodruff. Mavor Printed Name and Title ATTEST: rr ; Jan 25, 2024 T,d H—hin (Jan 25, 20241612 EST) By (Signature) Date Traci Houchin MMC FCRM - City Clerk Printed Name and Title Approved as to form and legal sufficiency. 40;ldi' N. �t�o k AGS, yk" WLC 2 Jan 25, 2024 W -;n N. G—, AV11or WLC, U(Jan I5, ]03416:OS FST) William L. Colbert Date City Attorney END OF SECTION Sanford North WRF and South WRC Electrical System Improvements AGREEMENT 00520-20 ��rfOk4 F � �•S'7.is�CITY OF FLORIDA Attachments are available in the City Clerk's Office for review. rv—� nn IUnJn-,ED CITY COMMISSION MEMORANDUM 24M'f JANUARY 8, 2024 AGENDA 3 WS_ (R�MX Item No.2S TO: Honorable Mayor and Members of the City Commission PREPARED BY: Richard Casella, Utility Plants Manager SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM ity ager SUBJECT: Approval of Award to Eau Gallie Electric, c.; Electrical System Improvements; North Water Reclamation And the Sou ater Resource Center $1,186,000 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: The City Commission is requested to award bid # IFB 22/23-21 to Eau Gallie Electric, Inc., the lowest responsive and responsible bidder for the electrical system improvements to the City's North Water Reclamation (NWRF) and South Water Resource Center (SWRC). FISCAL/STAFFING STATEMENT: The low bid sum of $1,186,000 is available in the Capital Projects for Utilities Plants account. BACKGROUND: The City's requirements for competitive procurement were determined to be met by City staff pursuant to the advertising of Bid #IFB 22/23-21 and implementing the bid in accordance with the requirements of controlling State law and the City's Purchasing Policies and Procedures. Responsive bids were received from two responsible contractors and opened on November 9, 2023. Eau Gallie Electric, Inc., from Melbourne, submitted the lowest bid in the amount of 1,186,000. The other bidder was Sinns & Thomas Electrical Contractors, Inc., of Longwood, whose bid was in the amount of $1,349,000. LEGAL REVIEW: The Assistant City Attorney has reviewed this matter and has no legal objection if all matters were accomplished in accordance with the controlling requirements of State law and the City's Purchasing Policies and Procedures. It should be noted that the Assistant City Attorney highly recommend that items such as this one involving the amount of funds involved in this agenda item, not be considered on the City Commission's consent agenda based upon two recent audit reports issued by the Auditor General of the State of Florida involving the City of Winter Springs and the Greater Orlando Aviation Authority (GOAA). In the GOAA report, the Auditor General recommended that the GOAA' ...should continue efforts to establish policies and procedures that require and ensure that all items with significant financial or Board and public discussion. In addition, such efforts should impacts are classified as new business f require and ensure that the Board properly approves, awards, and ratifies contracts in excess of $325,000 comment." The Assistant City Attorney concurs with that recommendation as a separate line item on the Board meeting agenda and provides a reasonable opportunity for public by the Auditor General. RECOMMENDATION: City staff recommends that Bid # IFB 22/23-21 for electrical services related to the NWRF and the S WRC be awarded to Eau Gallie Electrical, Inc. in the amount of $1,186,000. SUGGESTED MOTION: "I move to award the bid to Eau Gallie Electrical, Inc., as proposed." Attachments: (1). Summary of bids. (2). Bid opening meeting minutes. December 4, 2022 500 West Fulton Street Sanford, FL 32777 Richard Casella, UMC Phone: 407.322.68-11 Utility Plants Manager Fax: 407.330,0630 City of Sanford North WRF 1201 West Seminole Blvd. Sanford, Florida 32771 Re: Sanford North and South Emergency Electrical System Improvements (IFB 22/23-21) CPH Job No. S06216 Dear Richie: Based on the Bid Tabulation, the following are the bid results for the Bids that were received on November 9, 2023 for the City's North and South Emergency Electrical System Improvements (IFB 22/23-21 project: RANK BIDDER TOTAL BASE BID 1 Eau Gallie Electrical, Inc. $1,186,000.00 2 Sinns & Thomas Electrical Contractors, Inc. $1,349,000.00 We have reviewed Eau Gallie Electrical, Inc. ("Eau Gallie") in terms of their recent electrical construction experience, recent references, and licensing. Per specifications section 00200-1.20- B.1, the City may request an audited financial statement at their discretion to review. Eau Gallie is located in Melbourne, FL. Eau Gallie has performed construction on numerous projects similar in type and size (or bigger) than the proposed North and South Emergency Electrical System Improvements project. Most of Eau Gallie's construction projects were for various municipalities. We have contacted several references for Eau Gallie: the references contacted (City of Naples, City of Pembroke Pines, Tampa Bay Water, and AVCON, Inc.) were very satisfied with the work done by Eau Gallie and all indicated they would work with Eau Gallie again. We have reviewed Eau Gallie's construction license information by verifying the construction licenses are active. This verification was done through the Florida Department of Business and Professional Regulation (DBPR) website. The DBPR website also shows there are no current complaints on the licenses. Based on our review of the experience, the licensing information shown on the DBPR website, and the favorable references that have been provided, as summarized above and per the attached documents, we recommend the City Commission authorize award of the City's North and South Ememency Electrical System Improvements (IFB 22/23-21) project construction contract to Eau Gallie Electrical, Inc. In the amount of $1,186,000.00. If you have any questions or need additional information on the contract award recommendation we have made or any of the information shown herein or attached, please do not hesitate to call. Award Recommendation Letter Richard Casella, UMC City of Sanford North and South Emergency Electrical System Improvements (I FB 22/23-21 R) December 4, 2023 Page 2 of 2 Sincerely, CPH, LLC. Rocco Nasso, P.E. Vice President/Associate Attachments: Eau Gallie Electric, Inc. Bid Received 11/9/2023 Bid Bond Form - Section 00420 Trench Safety Form - Section 00430 Non Collusion Affidavit - Section 00432 Conflict of Interest Affidavit - Section 00434 Florida Statutes on Public Entity Crimes Affidavit - Section 00436 Compliance With the Public Records Law Affidavit - Section 00438 Bidder Information and Affidavit - Section 00440 Certification Of Non -Segregated Facilities Form - Section 00450 Disputes Disclosure Form - Section 00452 Drug Free Workplace Form - Section 00454 Certification Regarding Non -Scrutinized Companies — Section 00455 Unauthorized (Illegal) Alien Workers Affidavit - Section 00456 E -Verify Compliance Affidavit - Section 00458 Americans With Disabilities Act Affidavit - Section 00460 Financial Information Form - Section 00462 Schedule Of Proposed Subcontractors - Section 00464 Criminal Background Check Requirements and Affidavit - Section 00525 City of Sanford Insurance Requirements and Affidavit - Section 00622 Copy of License and DBPR Construction Licensing Board Information Completed W-9 Form Cc: MarisolOrdonez Award Recommandatlon Letter Original Bid Package for: Sanford North WRF and South WRC Electrical System Improvements Bid Opens 11-09-23 @ 2:00 pm EST. 2012 Aurora Road I Melbourne, FL 32935 T (321) 259-2885 1 F (321)254-1518 1 1-877-434-5577 EG-Etectric.com City of Sanford Finance Department Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 ADDENDUM SANFORD Phone: 407-688-5028 or 5030 Fax: 407-680-5021 Email: urchasin Wsanfordfl. Fav SSWRC Emergency Electrical System Improvements DATE: _October 25, 2023 TO: All Bidders/Provosers FROM: Marisol Ordonez, Purchasing Manager City of Sanford Purchasing Division SUBJECT: IFB 22/23-21 SSWRC Emergency Electrical System Improvements I ADDENDUM #1 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or answers to questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document. I. DUE DATE This Addendum does change the solicitation due date. The solicitation due date is hereby changed from Thursday, October 26, 2023 at 2:OOPM Local Time to Thursday, November 9, 2023 at 2:OOPM Local Time. Deadline for Q's and A's has been moved to Thursday November 2, 2023 at 5:OOPM Local II. QUESTIONS AND ANSWERS (O&A) The City has received the following question(s) concerning the solicitation: All questions will be answered on Addendum No. 2 before or on November 2, 2023, Q1 Al. M. CHANGES, ADDITIONS AND/OR CLARIFICATIONS Addendum No. 2 to follow to address any outstanding questions. Please note deadline for questions have been moved to Thursday, November 2, 2023 at 5:OOPM Local Time. 1V. SIGN -IN SHEET N/A V. ATTACHMENTS N/A City of Sanford I Finance Department ( Purchasing Division S 300 N. Park a%enue Suile 236, Sanford. Florida 32771 ADDENDUM — .�iA�tl'ol�li PBunc:407-W-5028 or 5030 Fa.c:407difl5-5021 Email: urchnsin asyntord(l.�u� SSWRC Emergency Electrical System Improvements #1 Respondents must acknowledge receipt of this Addendum by signing this form below and returning it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals or by including this Addendum with your submittal. Failure to comply may result in disqualification of your response. Acknowledgment is hereby made of Addendum #1 to I17I3 22/23-21 SSWRC Emergency Electrical System Improvements. Eau Gallie Electric Name of Firm/Company 2012 Aurora Road Street Address 321-259-2885 x 307 Telephone Number Christopher Huahes Authorized Person Printed Name �ZA- 414". Authorized Person Signature 2 chughes@eg-electric.com Contact Email Melbourne, FL 32935 City, State, Zip Code Fax Number President Authorized Person Title 11-02-2023 Date of Signature SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Eau Gallie Electric, Inc. as Principal, and (2) Hartford Fire Insurance Company , as Surety, are hereby and firmly bound unto (3) City of Sanford aS5°l o i�erf in. the um Riival um of (4) Five Percent of the Maximum Bid Price (Base Bid Plus Alternates) Dollars ( .(Base Bid Plus Alternates; ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) City of Sanford a certain Bid for (5) Sanford North WRF and South WRC Electrical System Improvements attached hereto and hereby made a part hereof. i) Bidder 2) Surety 3) Owner 4) Amount of Bond as Required in the Instructions to Bidders 5) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall fumish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. Sanford North WRF and South WRC Electrical System Improvements BID BOND FORM 00420-1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 26th day of October ATTEST: By (Principal) Officer) 'Typed f4ame and Title (CORPORATE SEAL) Laura L. Brown, Client Manager Typed Name and Title (SEAL) Sanford North WRF and South WRC Electrical System Improvements 2023 Eau Gallie Electric, Inc. Principal %'� %ter 1)1. By (Signature of Officer) Typed Name and Title 2012 Aurora Road Address Melbourne, FL 32935 City, State, Zip Hartford Fire Insurance Company Surety f By61111 Att ey-in-Fact Mai -Ling Rodriquez, Attorney-in-fact Typed Name and Title One Hartford Plaza Address Hartford, CT 06155-0001 City, State, Zip (860) 547-5000 (877) 538-4247 Telephone No. Facsimile No. END OF SECTION 00420-2 BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: RCM & D INC Agency Code: 30-727000 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State ol'Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized Under the laces ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laths of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the lags ofthe State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laces ofthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laces ofthe State of Indiana O Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited : Laura L. Brown, Robert T. Cawley, Stephen J. Mainello, Hossay Mattin, Mai -Ling Rodriguez, Lori A. Rupp, Rush H. Seale of BALTIMORE, Maryland their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �tv ur.� jJ�' t,.tls � tls6it •'ice t"'bw �I,YI ,;4-.- 1iB7 .�. � • •. ('� • •'it y • tom' "� • } +�• �r � .4 , f �'..,..tunuN p ��110�� t'E t➢79� € `�1➢79 f d T '1➢ - ! �,'•+•.. i �.. � 1979 .� • •'. r?'" ,�na• f• . t•` • k, ttuurt VnW. T:,ir-ovll�;i• / �CJ Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. y +: Jessiea Ciccone ;t.7r tLr',o-•• Aly Canunissian Htl 123330 Expires June 20, 3035 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 2 6 , 2 023 Signed and sealed in Lake Mary, Florida. 9 ' • '' w •�AL t r ,•tvufrH, :� � t9 i f �r•Yr>y g _1\je+t.w � i ^ fJ �.. ;aY tvs7 _ • _ • s • �d1 •+,.r ,tt•,� N►rst<► fp79 t➢79r� •7 i. � ,�ti..tOr +1..'Ntt • 1'+`'4nur'•• •Outs•• "�': yC-�• % Keith D. Dozois, Assistant Vice President Direct Inquiries/Claims to: THE HARTFORD BOND, T-11 POWER OF Hartford Plaza .ATTORNEY HartfOne ord, Connecticut 06155 Bond.Clailns(5�thehartford.coin call: 888-266-3488 orfax 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: RCM & D INC Agency Code: 30-727000 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State ol'Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized Under the laces ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laths of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the lags ofthe State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laces ofthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laces ofthe State of Indiana O Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited : Laura L. Brown, Robert T. Cawley, Stephen J. Mainello, Hossay Mattin, Mai -Ling Rodriguez, Lori A. Rupp, Rush H. Seale of BALTIMORE, Maryland their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �tv ur.� jJ�' t,.tls � tls6it •'ice t"'bw �I,YI ,;4-.- 1iB7 .�. � • •. ('� • •'it y • tom' "� • } +�• �r � .4 , f �'..,..tunuN p ��110�� t'E t➢79� € `�1➢79 f d T '1➢ - ! �,'•+•.. i �.. � 1979 .� • •'. r?'" ,�na• f• . t•` • k, ttuurt VnW. T:,ir-ovll�;i• / �CJ Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. y +: Jessiea Ciccone ;t.7r tLr',o-•• Aly Canunissian Htl 123330 Expires June 20, 3035 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 2 6 , 2 023 Signed and sealed in Lake Mary, Florida. 9 ' • '' w •�AL t r ,•tvufrH, :� � t9 i f �r•Yr>y g _1\je+t.w � i ^ fJ �.. ;aY tvs7 _ • _ • s • �d1 •+,.r ,tt•,� N►rst<► fp79 t➢79r� •7 i. � ,�ti..tOr +1..'Ntt • 1'+`'4nur'•• •Outs•• "�': yC-�• % Keith D. 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Eau Gallie Electric, Inc is a full-service State Certified General Contractor and Unlimited Electrical contractor serving Florida since 1948. Eau Gallie Electric is family owned and a certified Service Disabled Veteran Owned Business. Mr. Christopher V. Hughes is the owner and president of Eau Gallie Electric. Mr. Hughes is a graduate of the United States Military Academy at West Point with a degree in Mechanical Engineering. He is also a State Certified Unlimited Electrical contractor, primary license holder for Eau Gallie Electric (EC13003441), as well as a Professional Engineer in the State of Florida (PE74016). Eau Gallie Electric also holds a State Certified General Contractors license (CGC1526728). Eau Gallie Electric offers its customers quality specialty contracting solutions, including electrical construction, energy infrastructure,.emergency standby power and facilities maintenance services. Services Complete electrical distribution systems Emergency stand-by generators sales, installation, and maintenance from 5 -KW to 6,000 -KW Design build applications from conceptual to construction documents Electrical engineering including signed and sealed documents Medium voltage cable installation, transformer replacements Lighting and ekzctrical upgrade projects Panner upgrades and signed and sealed drawings UPS, inverter, battery backup, solar systems NAVAIDS and Communications in support of the NA.S We are certified and prepared to fulfill the electrical needs of any engineering project for city, state, and federal governments. When government installations need reliable backup -power, they turn to us. We are proud to continue serving those institutions and facilities. .� Right Skills We are highly skilled engineers, licensed electricians, and general O contractors who have the knowledge and experience to effectively install government projects. Eau Gallie Electric provides a turnkey solution to not only install industrial generators, but also provide all the design, engineering, and construction which surrounds an installation. Experiences Eau Gallie Electric has installed hundreds of industrial generators O2 throughout the United States. We have completed project for City of Coconut Creek, City of Lakeland, Titusville Housing Authority, Sebastian Airport, Indian River County, Seacoast Utility Authority, City of Palm Bay, and Orange County. Solid Team Y ' We staff over 60 employees, including personel representing five of the 03 US Military branches. Our entire staff is OSHA IOhr certified. �5 d vk, Trusted Eau Gallie Eiecu-ic has been servi-7g the business community of 04 Melbourne, Florida and all of Central Florida since 1948. Our team of licensed and insured electrical contractors is lead by Chris Hughes, ;'. Professional Engineer and State of Florida Unlimited Electrical Contractor. High quality and attention to detail are the hallmarks of our business. Eau Gallie Electric has installed hundreds of industrial generators throughout the United States This is U s Eau Gallie Electric was founded in 1948 by Eau Gallie Electric is one of the original Garland Reynolds, a veteran of the United electrical construction firms in Central States Navy who fought in World War Il. Florida. Located in the heart of Melbourne, FL, Powered By The American Spirit Attachments are available in the City Clerk's Office for review. CITY COMMISSION MEMORANDUM 2r V-1 4;DT JANUARY 8, 2024 AGENDA 3 To: PREPARED BY: SUBMITTED BY: SUBJECT: WS— (R'�M X Item No.iS ., Honorable Mayor and Members of the City Commission Richard Casella, Utility Plants Manager Norton N. Bonaparte, Jr., ICMA-CM ity ager Approval of Award to Eau Gallie Electric, c.; Electrical System Improvements; North Water Reclamation And the Sout ater Resource Center $1,186,000 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: The City Commission is requested to award bid # IFB 22/23-21 to Eau Gallie Electric, Inc., the lowest responsive and responsible bidder for the electrical system improvements to the City's North Water Reclamation (NWRF) and South Water Resource Center (SWRC). FISCAL /STAFFING STATEMENT: The low bid sum of $1,186,000 is available in the Capital Projects for Utilities Plants account. BACKGROUND: The City's requirements for competitive procurement were determined to be met by City staff pursuant to the advertising of Bid # IFB 22/23-21 and implementing the bid in accordance with the requirements of controlling State law and the City's Purchasing Policies and Procedures. Responsive bids were received from two responsible contractors and opened on November 9, 2023. Eau Gallie Electric, Inc., from Melbourne, submitted the lowest bid in the amount of 1,186,000. The other bidder was Sinns & Thomas Electrical Contractors, Inc., of Longwood, whose bid was in the amount of $1,349,000. LEGAL REVIEW: The Assistant City Attorney has reviewed this matter and has no legal objection if all matters were accomplished in accordance with the controlling requirements of State law and the City's Purchasing Policies and Procedures. It should be noted that the Assistant City Attorney highly recommend that items such as this one involving the amount of funds involved in this agenda item, not be considered on the City Commission's consent agenda based upon two recent audit reports issued by the Auditor General of the State of Florida involving the City of Winter Springs and the Greater Orlando Aviation Authority (GOAA). In the GOAA report, the Auditor General recommended that the GOAA' ... should continue efforts to establish policies and procedures that require and ensure that all items with significant financial impacts are classified as new business for Board and public discussion. In addition, such efforts should require and ensure that the Board properly approves, awards, and ratifies contracts in excess of $325,000 as a separate line item on the Board meeting agenda and provides a reasonable opportunity for public comment." The Assistant City Attorney concurs with that recommendation by the Auditor General. RECOMMENDATION: City staff recommends that Bid # IFB 22/23-21 for electrical services related to the NWRF and the S WRC be awarded to Eau Gallie Electrical, Inc. in the amount of $1,186,000. SUGGESTED MOTION: "I move to award the bid to Eau Gallie Electrical, Inc., as proposed." Attachments: (1). Summary of bids. (2). Bid opening meeting minutes. December 4, 2022 500 West Fnhnn Street Sanford, FL 33771 Richard Casella, UMC Phone: 407.322.68II Utility Plants Manager Fax: 407.330.0639 City of Sanford North WRF 1201 West Seminole Blvd. Sanford, Florida 32771 Re: Sanford North and South Emergency Electrical System Improvements (IFB 22/23-21) CPH Job No. S06216 Dear Richie: Based on the Bid Tabulation, the following are the bid results for the Bids that were received on November 9, 2023 for the City's North and South Emergency Electrical System Improvements OFB 22/23-21) project: RANK BIDDER TOTAL BASE BID 1 Eau Gallie Electrical, Inc. $1,186,000.00 2 Sinns & Thomas Electrical Contractors, Inc. $1,349,000.00 We have reviewed Eau Gallie Electrical, Inc. ("Eau Gallie") in terms of their recent electrical construction experience, recent references, and licensing. Per specifications section 00200-1.20- B.1, the City may request an audited financial statement at their discretion to review. Eau Gallie is located in Melbourne, FL. Eau Gallie has performed construction on numerous projects similar in type and size (or bigger) than the proposed North and South Emergency Electrical System Improvements project. Most of Eau Gallie's construction projects were for various municipalities. We have contacted several references for Eau Gallie: the references contacted (City of Naples, City of Pembroke Pines, Tampa Bay Water, and AVCON, Inc.) were very satisfied with the work done by Eau Gallie and all indicated they would work with Eau Gallie again. We have reviewed Eau Gallie's construction license information by verifying the construction licenses are active. This verification was done through the Florida Department of Business and Professional Regulation (DBPR) website. The DBPR website also shows there are no current complaints on the licenses. Based on our review of the experience, the licensing information shown on the DBPR website, and the favorable references that have been provided, as summarized above and per the attached documents, we recommend the City Commission authorize award of the City's North and South Emergency Electrical System Improvements (IFB 22/23-21) project construction contract to Eau Gallie Electrical, Inc. in the amount of $1,186,000.00. If you have any questions or need additional information on the contract award recommendation we have made or any of the information shown herein or attached, please do not hesitate to call. Award Recommendation Letter Richard Casella, UMC City of Sanford North and South Emergency Electrical System Improvements (IFB 22/23-21 R) December 4, 2023 Page 2 of 2 Sincerely, CPH, L.L.C. Rocco Nasso, P.E. Vice President/Associate Attachments: Eau Gallie Electric, Inc. Bid Received 11/9/2023 Bid Bond Form - Section 00420 Trench Safety Form - Section 00430 Non Collusion Affidavit - Section 00432 Conflict of Interest Affidavit - Section 00434 Florida Statutes on Public Entity Crimes Affidavit - Section 00436 Compliance With the Public Records Law Affidavit - Section 00438 Bidder Information and Affidavit - Section 00440 Certification Of Non -Segregated Facilities Form - Section 00450 Disputes Disclosure Form - Section 00452 Drug Free Workplace Form - Section 00454 Certification Regarding Non -Scrutinized Companies — Section 00455 Unauthorized (illegal) Alien Workers Affidavit - Section 00456 E -Verify Compliance Affidavit - Section 00458 Americans With Disabilities Act Affidavit - Section 00460 Financial Information Form - Section 00462 Schedule Of Proposed Subcontractors - Section 00464 Criminal Background Check Requirements and Affidavit - Section 00525 City of Sanford Insurance Requirements and Affidavit - Section 00622 Copy of License and DBPR Construction Licensing Board Information Completed W-9 Form Cc: MarisolOrdoflez Award Recommendation Letter CUA E L E C T Original Bid Package for: Sanford North WRF and South WRC Electrical System Improvements Bid Opens 11-09-23 @ 2:00 pm EST. 2012 Aurora Road I Melbourne, FL 32935 T (321) 259-2885 1 F (321)254-1518 1 1-877-434-5577 EG -Electric. on-, City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 ADDENDUM, 0>A�QRD Phone: 407-08&5028 or 5030 Fax: 407-688.5021 Email urchasin msunfordfl. SSWRC Emergency Electrical System Improvements DATE: October 25. 2023 TO: All Bidders/Proposers FROM: Marisol Ordonez, Purchasing Manager City of Sanford Purchasing Division SUBJECT: IFB 22/23-21 SSWRC Emergency Electrical System Improvements I ADDENDUM #1 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or answers to questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document. I. DUE DATE This Addendum does change the solicitation due date. The solicitation due date is hereby changed from Thursday, October 26, 2023 at 2:OOPM Local Time to Thursday, November 9, 2023 at 2:OOPM Local Time. Deadline for Q's and A's has been moved to Thursday November 2, 2023 at 5:OOPM Local II. QUESTIONS AND ANSWERS (Q&A) The City has received the following question(s) concerning the solicitation: All questions will be answered on Addendum No. 2 before or on November 2, 2023, Q1 Al. III. CHANGES, ADDITIONS AND/OR CLARIFICATIONS Addendum No. 2 to follow to address any outstanding questions. Please note deadline for questions have been moved to Thursday, November 2, 2023 at 5:OOPM Local Time. IV. SIGN -IN SHEET N/A V. ATTACHMENTS N/A 0 SANFORl) City of Sanford I Finance Deparon mt I -Purchasing Division 300 N. Park :Venue Suite 236, Sanford. Florid i 32771 Mom: 407-68S-5028 or 5030 I rax: 407-h3H-5021 1 F.mAj, nurrhnsina u <•�nf.�ran .. SSWRC Emergency Electrical System Improvements ADDENDUM #1 Respondents must acknowledge receipt of this Addendum by signing this form below and returning it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals or by including this Addendum with your submittal. Failure to comply may result in disqualification of your response. Acknowledgment is hereby made of Addendum #1 to IFB 22/23-21 SSNVRC Emergency Electrical System Improvements. Eau Gallie Electric Name of Firm/Company 2012 Aurora Road Street Address 321-259-2885 x 307 Telephone Number Christopher Hughes Authorized Person Printed Name /A. Authorized Person Signature 2 chughes@eg-electric.com Contact Email Melbourne, FL 32935 City, State, Zip Code Fax Number President Authorized Person Title 11-02-2023 Date of Signature SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Eau Gallie Electric, Inc. as Principal, and (2) Hartford Fire Insurance Company , as Surety, are hereby and firmly bound unto (3) City of Sanford a 5°l0 of therttA n. the Rge ace um of (4) Five Percent of the Maximum axmum Bid Price (Base Bid Plus Alternates) Dollars ($ (Base Bld Plus Alternates) ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) _ City of Sanford a certain Bid for (5) Sanford North WRF and South WRC Electrical System Improvements attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) Owner 4) Amount of Bond as Required in the lnstructlons to Bidders 5) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. Sanford North WRF and South WRC Electrical System Improvements BID BOND FORM 00420-1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 26th day of October 1 2023 ATTEST: lr1 By (/P_ri-ncipal Officer) Typed lame and Title (CORPORATE SEAL) r.� By Laura L. Brown, Client Manager Typed Name and Title (SEAL) Sanford North WRF and South WRC Electrical System Improvements Eau Gallie Electric, Inc. Principal ByJ1(Signature) of Officer) L, Iny 4 f �: ��i; , ✓f Typed Name and Title 2012 Aurora Road Address Melbourne, FL 32935 City, State, Zip Hartford Fire Insurance Company Surety By/ Att ey-in-Fact Mai -Ling Rodriquez, Attorney-in-fact Typed Name and Title One Hartford Plaza Address Hartford, CT 06155-0001 City, State, Zip (860) 547-5000 (877) 538-4247 Telephone No. Facsimile No. END OF SECTION 00420-2 BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS THAT, Agency Name: RCM & D INC A ency Code: 30-727000 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the Swie ul'Cbnnecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ol'the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the la%%s ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the haws ol'the State ol'Connecticut Twin City Fire Insurance Company, it corporation duly organized under the law%;s of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws nfthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ol'the State of Inditma Hartford Insurance Company of the Southeast, it corporation duly organized under the law. orthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited : Laura L. Brown, Robert T. Cawley, Stephen J. Mainello, Hossay Mattin, Mai -Ling Rodriguez, Lori A. Rupp, Rush H. Seale of BALTIMORE, Maryland their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �tY �rrl %Y nl_ , /Mall /,,■�V/'t "� r • (' ."..eLr•v+ra,i � 1907 u�'a i, �-.mo,��.- I s.�" � l ri,- 1� 1v9n , � � �aY► l" :Y7 g DY £'' t'?1 • Aa ��nti� Shelby Wiggins, Assistant Secretary STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE Joelle L. LaPierre, Assistant Vice President On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described In and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. Direct Inquiries/Claims to: qja(� THE HARTFORD ��/�p//7� Jessica My Commission Ciccone HIi 122280 E ATTO"RNEY One Hartford Plaza •r Hartford, Connecticut 6155 Bond.Claimswthehartford.com call: 888-2663488 orfax - 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT, Agency Name: RCM & D INC A ency Code: 30-727000 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the Swie ul'Cbnnecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws ol'the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the la%%s ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the haws ol'the State ol'Connecticut Twin City Fire Insurance Company, it corporation duly organized under the law%;s of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws nfthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ol'the State of Inditma Hartford Insurance Company of the Southeast, it corporation duly organized under the law. orthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited : Laura L. Brown, Robert T. Cawley, Stephen J. Mainello, Hossay Mattin, Mai -Ling Rodriguez, Lori A. Rupp, Rush H. Seale of BALTIMORE, Maryland their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �tY �rrl %Y nl_ , /Mall /,,■�V/'t "� r • (' ."..eLr•v+ra,i � 1907 u�'a i, �-.mo,��.- I s.�" � l ri,- 1� 1v9n , � � �aY► l" :Y7 g DY £'' t'?1 • Aa ��nti� Shelby Wiggins, Assistant Secretary STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE Joelle L. LaPierre, Assistant Vice President On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described In and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 2 6 , 2 02 3 Signed and sealed in Lake Mary, Florida. : ��1�N9titrs0aYft! ► �:;ttpi'�w9;, i f�`S!"��k7'"0'r4if:? , p� fr•: \t099 +$? • � �rMa.11�l■ * ,'�• •�L LL{Y lw�„�. .11r,Yl. .�t'--.� I Keith D. Dozois, Assistant Vice President qja(� Jessica My Commission Ciccone HIi 122280 G%pires June 211. 31135 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 2 6 , 2 02 3 Signed and sealed in Lake Mary, Florida. : ��1�N9titrs0aYft! ► �:;ttpi'�w9;, i f�`S!"��k7'"0'r4if:? , p� fr•: \t099 +$? • � �rMa.11�l■ * ,'�• •�L LL{Y lw�„�. .11r,Yl. .�t'--.� I Keith D. 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T C rJ W d O U Oary NO OV) �$ C cc QS TFY SCO 9 //LLI C C W° N Q N W O fj iym rWJ LLm V VI I/In ^ � U£ m6Q v=iQ nL� J W CI « c E m a` t-- a u V r_ U v`NJ U m cm$ 3 Cc, > o w�uNea Z a, Q 4 LLQ W n Vl c 6 d "r c r,c o_ �E J v- -0. t � Y '•'Q'C u7Q LL C uCC uct W{' L a a� ✓,i ui i m r v`t a E 7 i T « ? C C C Ml L L (] N u9 o CL A C )r U N r> ra 2 Q V �- N O J C V QO' O�p)YI ci aILLWI �4C+C1 W uuti��LArCJcr�•s-O^�u`E: u aamm`uQQ_'r�- aoth s r� C G 7C C c N 1 ~ C W C r Of � N c F V n V; `y N J W CI E m a` t-- a u "r c r,c o_ �E J v- -0. t � Y '•'Q'C u7Q LL C uCC uct W{' L a a� ✓,i ui i m r v`t a E 7 i T « ? C C C Ml L L (] N u9 o CL A C )r U N r> ra 2 Q V �- N O J C V QO' O�p)YI ci aILLWI �4C+C1 W uuti��LArCJcr�•s-O^�u`E: u aamm`uQQ_'r�- aoth s r� C G 7C C c N 1 'e ($21) 259 233S Epi ELECfc,C Com" t� We are here t® serve �Pv'. A We are also proud to announce that Eau Gallie Electric has installed more than 1650 generators o YEARS'': & transfer switches within the past 10 years! Eau Gallie Electric, Inc is a full-service State Certified General Contractor and Unlimited Electrical contractor serving Florida since 1948. Eau Gallie Electric is family owned and a certified Service Disabled Veteran Owned Business. Mr. Christopher V. Hughes is the owner and president of Eau Gallie Electric. Mr. Hughes is a graduate of the United States Military Academy at West Point with a degree in Mechanical Engineering. He is also a State Certified Unlimited Electrical contractor, primary license holder for Eau Gallie Electric (EC13003441), as well as a Professional Engineer in the State of Florida (PE74016). Eau Gallie Electric also holds a State Certified General Contractors license (CGC1526728). Eau Gallie Electric offers its customers quality specialty contracting solutions, including electrical construction, energy infrastructure, emergency standby power and facilities maintenance services. Services Complete electrical distribution systems Emergency stand-by gene,ators sales, installation, and maintenance from 5 -KW to 6,000 -KW Design build applications from conceptual to construction documents Electrical engineering including signed and sealed documents Mediurn voltage cable installation, transformer replacements Lighting and electrical upgrade projects Po�,ver upgrades and signed and sealed drawings UPS, inverter, battery backup, solar systems NAVAIDS and Communications in support of the NAS A We are certified and prepared to fulfill installations need reliable backup -power, the electrical needs of any engineering they turn to us. We are proud to continue project for city, state, and federal serving those institutions and facilities. governments. When government Right Skills We are highly skilled engineers, licensed electricians, and general 01 contractors who have the knowledge and experience to effectively install government projects. Eau Gallie Electric provides a turnkey solution to not only install industrial generators, but also provide all the design, engineering, and construction which surrounds an installation. Experiences Eau Gallie Electric has installed hundreds of industrial generators 02 throughout the United States. We have completed project for City of Coconut Creek, City of Lakeland, Titusville Housing Authority, Sebastian Airport, Indian River County, Seacoast Utility Authority, City of Palm Bay, and Orange County. Solid Team O3 We staff over 60 employees, including personel representing five of the US Military branches. Our entire staff is OSHA 10hr certified. Trusted 04 Eau Gallie Electric has beet) serving the business community of Melbourne, Florida and all of Central Florida since 1948. Our team of licensed and insured electrical contractors is lead by Chris Hughes, Professional Engineer and State of Florida Unlimited Electrical Contractor. High quality and attention to detail are the hallmarks of our business. Eau Gallie Electric has installed hundreds of industrial generators throughout the United Siates COMPANY PROFILE This is Us Eau Gallie Electric was founded in 1948 by Garland Reynolds, a veteran of the United States Navy who fought in World War II. Located in the heart of Melbourne, FL, Eau Gallie Electric is one of the original electrical construction firms in Central Florida. Powered By The American Spirit Bond No. 30BCSJB0860 GRANT MALOY, SEMINOLE COUNTY SECTION 00605 CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2024037624 Bk:10619 Pg:777-790(14Pgs) REC: 04/29/2024 2:11:08 PM by cjones PERFORMANCE BOI RECORDING FEES $120.50 (100% of Contract Pri( Project Name: Sanford North WRF and South WRC Electrical System Improvements Name: Address Phone No. City Contract No.: IFB No. 22/23-21 Contractor Eau Gallie Electric. Inc. 2012 Aurora Road Melbourne, FL 32935 321-259-2885 Owner Name: City of Sanford Address: 300 N. Park Ave. Sanford, FL. 32771 Surety Hartford Fire Insurance One Hartford Plaza Hartford, CT 06155 (860) 547-5000 Phone No.: 407-688-5028 KNOW ALL MEN BY THESE PRESENTS that The above named Contractor, as Principal, and the above named Surety, as SURETY, are held and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida, in the full and just sum of $1,186,000.00, lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Contractor and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and assigns, jointly and severely, firmly by these presents. The Project is located at: 1201 W Seminole Blvd. Sanford FL 32771 and 3540 Cameron Ave Sanford FL 32771 General description of the Work: Sanford North WRF: The Project consists of the purchase of Switchboard Stvle Main Breakers, Automatic Transfer Switches, Power Distribution Switchboards, and all equipment and incidentals required for the complete electrical system. Sanford South WRC: This Project consists of installation of Owner purchased switchgear, switchgear modifications and additions, conduit/wire and all equipment and incidentals required for the complete electrical system. This project also consists of furnishing and installing a temporary qenerator with new conduit/wire_ from the temporary generator to the existing 1600 - amp ATS VVHEREA.S, the Contractor has by written Agreement dated , entered into a Contract with the Owner for IFB No. 22/23-21, for the project entitled Sanford North WRF and South WRC Electrical System Improvements Sanford North WRF and South WRC PERFORMANCE BOND Electrical System Improvements (100% of Contract Price) 00605-1 with conditions and provisions as are further described in the aforementioned Agreement, which Agreement is by reference made a part hereof for the purpose of explaining this bond. NOW, THEREFORE, the condition of this obligation is such that if Principal: Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Contract, and 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 Contract, then this bond is void; otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the SURETY shall promptly remedy the default or shall promptly: A. Complete the Contract in accordance with its terms and conditions; or B. Expeditiously obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsible qualified bidder, award a contract; or, if the Owner elects, upon determination by the Owner and the SURETY jointly of the lowest responsible bidder, to have the SURETY arrange for a contract between such bidder and Owner, and for the SURETY to make available as Work progresses sufficient funds to pay the cost of completion less the balance of the Contract price (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph). The term "balance of the Contract price," as used in this Bond, shall mean the total amount payable by Owner to Contractor under the Contract and any approved change orders thereto, less the amount properly paid by Owner to Contractor. The SURETY shall pay Owner all remaining losses, delay and disruption damages, expenses, costs, and statutory attorney's fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the Contract. 2. Any changes in or under the Contract Documents (which include the Plans, Drawings, and Specifications) and compliance or noncompliance with any formalities connected with the Contract or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. 3. The SURETY's monetary obligations to the Owner shall not be reduced by legal fees and costs incurred by the SURETY arising out of Contractor's default. 4. 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 Sanford North WRF and South WRC PERFORMANCE BOND Electrical System !mprovements (100% of Contract Price) Cit&05-2 (i) amendments or modifications to the Contract entered into by Owner and Principal without the SURETY's knowledge or consent (ii) waivers of compliance with terms of the Contract granted by Owner to Principal without the SURETY's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceeding. 5. The Surety shall indemnify and hold the Owner harmless from any and all claims and damages, arising from the Contractor's default under the Contract including, but not limited to, contractual damages, expenses, costs, injury, negligent default, or intentional default, patent infringement and actual damages in accordance with the Contract. 6. In the event that the SURETY fails to fulfill its obligations under this Performance Bond, then the SURETY shall 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 from the SURETY's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. 7. The Contractor shall save the Owner harmless from any and all damages, expenses and costs which may arise by virtue of any defects in said work or materials within a period of two (2) years from the date of Final Completion of the Project. 8. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. IN WITNESS WHEREOF, this instrument is executed this 13th day of February . 2024 ATTEST.- By: Secretary hes yo ed Name -:�COfFflRA,7E $EAL) "(Wi n ss C ACT R) Typed or Printed Name Kim A. Lankarn Sanford North WRF and South WRC Electrical System Improvements PRINCIPAL/CONTRACTOR Eau Gallie Electric, Inc. PRINCIPAL / CONTRACTOR a, /1,/, By: CONTRACTOR Signatory Authority WrIWR) r Ad cthe,5 Pre . Typed or Prinked Name anWTitle 2012 Aurora Road Address Melbourne, FL 32935 City, State, Zip 00605-3 321-259-2885 PERFORMANCE BOND (100% of Contract Price) (Witness o CONTRACTOR) Typed or PrintedAame Cot R . Der -`R3 ss ATTEST: ,�b- (SU ETY) Secretary Laura L. Brown Typed or Printed Name �i Witness as "Z,/- S6RETY Mattin Typed or Printed Name N/A Witness as to SURETY N/A Typed or Printed Name Telephone No. Facsimile No. 5,21-J69- 618S5 Y--103 SURETY Hartford Fire Insurance Company SURETY By: �,;A, —77 Mai -Ling Rodriguez Typed or Printed Name Attorney -In -Fact Title 555 Fairmount Avenue Address Baltimore, MD 21286 City, State, Zip 410-339-1209 N/A Telephone No. Facsimile No. NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If CONTRACTOR is a Partnership, all partners shall execute this Performance 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. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Sanford North WRF and South WRC Electrical System Irr.provements 00605-4 PERFORMANCE BOND (100% of Contract Price) Bonds must file with such bond a certified copy of their Power of Attorney to sign Such Bond. Agents ef surety companies must list their name, address, and telephone number on all Bonds. Sanford North WRF and South WRC Electrical System Improvements END OF SECTION 00605-5 PERFORMANCE BOND (100% of Contract Price) Bond No. 3OBCSJB0860 SECTION 00610 PAYMENT BOND (100% of Contract Price) Project Name: Sanford North WRF and South WRC Electrical System Improvements City Contract No.: IFB No. 22/23-21 Contractor Surety Name: Eau Gallie Electric, Inc. Hartford Fire Insurance Company Address: 2012 Aurora Road One Hartford Plaza Melbourne, FL 32935 Hartford, CT 06155 Phone No.: 321-259-285 Owner Name: City of Sanford Address: 300 N. Park Ave. Sanford, FL. 32771 Phone No.: 407-688-5028 KNOW ALL MEN BY THESE PRESENTS that (860) 547-5000 The above named Contractor, as Principal, and the above named Surety, as SURETY, are held and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida, in the full and just sum of $1,186,000.00, lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Contractor and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and assigns, jointly and severely, firmly by these presents. The Project is located at: 1201 W Seminole Blvd. Sanford FL 32771 and 3540 Cameron Ave Sanford FL 32771 General description of the Work: Sanford North WRF: The Project consists of the purchase of Switchboard Stvle Main Breakers. Automatic Transfer Switches. Power Distribution Switchboards, and all equipment and incidentals required for the complete electrical system. Sanford South WRC: This Project consists of installation of Owner purchased switchgear, switchgear modifications and additions, conduit/wire and all equipment and incidentals required for the complete electrical system. This project also consists of furnishing and installing a temporary generator with new conduit/wire from the temporary qenerator to the existing 1600 - amp ATS. Sanford North WRF and South WRC PAYMENT BOND Electrical System Improvements (100% of Contract Price) 00610-1 WHEREAS, the Contractor has by written Agreement dated , entered into a Contract with the Owner for IFB No. 22/23-21, for the project entitled Sanford North WRF and South WRC Electrical System Improvements, with conditions and provisions as are further described in the aforementioned Agreement, which Agreement is by reference made a part hereof for the purpose of explaining this bond. 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: This Payment Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as same may be amended. 2. Any action instituted by a claimant under this Bond for payment must be in accordance with the notice and time limitation provisions in Sections 255.05(2) and 255.05(l 0), Florida Statutes. 3. This Payment Bond is conditioned that Contractor shall promptly make payments to all persons defined in Section 713.01, Florida Statutes, whose claims derive from the prosecution of the Work provided for in the Contract. 4. Pursuant to Section 255.05, Florida Statutes, a claimant, except a laborer, who is not in privity with the Contractor shall, before commencing or not later than forty-five (45) days after commencing to furnish labor, services, or materials for the prosecution of the Work, serve the contractor with a written notice that he or she 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 furnishing his or her labor, services, or materials shall serve a written notice of nonpayment on the Contractor and on the SURETY. The notice of nonpayment shall be under oath and served during the progress of the Work or thereafter but may not be served earlier than forty-five (45) days after the first furnishing of labor, services, or materials by the claimant or later than ninety (90) days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, later than ninety (90) days after the date that the rental equipment was last on the job site available for use. 5. The time periods for service of a notice of nonpayment or for bringing an action against a Contractor or a Surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. 6. An action, except an action for recovery of retainage, must be instituted against the Contractor or the SURETY on the payment bond within one (1) year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the Contractor or the SURETY within one (1) year after the performance of the labor or completion of delivery of the materials or supplies. Sanford North VVRF and South VVRC Electrical System lmarovements 00610-2 PAYMENT BOND (900% of Contract Price) 7. The claimant shall have a cause of action against the Contractor and SURETY for the amount due him or her, including unpaid finance charges due under the claimant's contract. Such action may not involve the Owner in any expense. 8. Any changes in or under the Contract or Contract Documents and compliance or non- compliance with any formalities connected with the Contract or the changes therein shall not affect SURETY's obligations under this Payment Bond and SURETY hereby waives notice of any such changes. Further, Principal and SURETY acknowledge that the sum of this Payment Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Contract or Contract Documents. This Payment Bond shall not cover any components or materials directly purchased and paid for by the Owner. 9. The Performance Bond and this Payment Bond and the covered amounts of each are separate and distinct from each other. This Payment Bond shall be construed as a statutory Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond. IN WITNESS WHEREOF, this instrument is executed this 13th day of February , 2024 ATTEST: By: Secretary iwbcr1-l�j Typzd o:r Pri" ed Name of SeJetary (CGRP(ORATE SEAL) Witness to CONTRACTOR g rn A. La intra",\ Typed Nam (Witness to CO RACTOR) Care,k R . T e-,�L) ---is Typed or Pri ted Name Sanford North WRF and South WRC Electrical System Improvements PRINCIPAL/CONTRACTOR Eau Gallie Electric, Inc. PRINCIPAL / CONTRACTOR By: CONTRACTOR Signatory Authority Typed or Printed Name and Title 2012 Aurora Road Address Melbourne, FL 32935 City, State, Zip 321-259-2885 X l u3 Telephone No. Facsimile No. 111114 M11 PAYMENT BOND (100% of Contract Price) ATTEST: (SURETY) Secretary Laura L. Brown Typed or Printed Name F -V ' 101do �J i3 Hossay Mattin Typed or Printed Name N/A Witness as to SURETY N/A Typed or Printed Name SURETY Hartford Fire Insurance Company':; SURETY 3 - By: L ' Mai -Ling Rodriquez Typed or Printed Name Attorney -In -Fact Title 555 Fairmount Avenue Address Baltimore, MD 21286 City, State, Zip 410-339-1209 N/A Telephone No. Facsimile No. NOTE: Date of this Payment Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a Partnership, all partners shall execute this Payment 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. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of suret<j companies must list their name, address, and telephone number on all Bonds. Sanford North WRF and South WRC Electrical System Improvements U11ZOI---:1AIIIIII:Eel E 00610-4 PAYMENT BOND (100% of Contract Price) Direct Inquiries/Claims to: THE HARTFORD P�T"U"RNEY BOND,T-11 One Hartford Plaza v, IF It Hartford, Connect cut 06155 Bond.Claimsft-thehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: RCM & D INC Agency Code: 30-727000 0 '1a:'tford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut C] Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana C� Hartford insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Laura L. Brown, Robert T. Cawley, Stephen J. Mainello, Hossay Mattin, Mai -Ling Rodriguez, Lori A. Rupp, Rush H. Seale of BALTIMORE, Maryland their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ©, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �'svl�Wa � YtLIA' � �ce•� .s��tia+�dr � �.��_�- ._.� "��;�+a`•:�c•...r�s '� 8 R�.. 's/+'/�••t'•.'ot+.�r.�T.�+��°rw9�'4�9!�}e•4c<�e 5t�.: �9.m.'.�7/va9rra.:q'�•���. w5.gg'7- i �+'hussris msa Yy''•gc^ Shelby Wiggins, Assistant Secretary STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. •'0" Jessica Ciccone OF gt�.' My Commission HH 122280 Expires June 20, 2025 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of February 13, 2024 Signed and sealed in Lake Mary, Florida. j 026-1. Ole ''`• •':co°r*4' 01 ._ n"7A 1879 f�; 1979.,� • ..,, tlltratS� r e,u• ~`"•Ro Joelle L. LaPierre, Assistant Vice President Keith D. Dozois, Assistant Vice President Wd£h:6 9002/ZOAL b01b0 �c d IH9IS6W ' NI -A Md 9E6Z886898 Lb : t0 908,/6t/BZ e,nn /Inn I nv nn�ry ivn 7nr7 ii�c nno vva or. • nT nnn7 /7n /TT N a LLI .0 m = cu 0 Co cn C •_ a) a�a� m--.mZ U •O uia -C ® �0 0-0 aN 0))( tic 0 yN C) l.L,. t3' U U co _ •—s -3 � _- ) 70 0 vi o 0 m:E co 0 � � H en U rn v ® o Z b01b0 �c d IH9IS6W ' NI -A Md 9E6Z886898 Lb : t0 908,/6t/BZ e,nn /Inn I nv nn�ry ivn 7nr7 ii�c nno vva or. • nT nnn7 /7n /TT N U — U O O G — T .r O _ U U r � L U V1 W N N N N N N 2m Q O O O y u c m c w N N N Er >> E a u w, (3)(T) 0) N T p N n O T C)C)0') m c m O O O n p c c o Qo J m E a o v J Joo O aci C F RSN O J c O� c N o 0. a c m c N d U u 1� 1cuC O L (n E p V N � p N� C Cp O C C N f0 n L d J n V u L pW _� "-- N UO N U L C = p '2 W E d C O >. E O O • %+ O E C .... 0• 0 0 aVJ � U i 3 a o p p Cc U p D N U o � O U C C r U rn o •F' U cVw] O " ° E E ~ 70 U c w m m E m r O O n C U 0 — •� QD p C N U LL T upi ' O U d m L p E v aci LL d 11 C > L N fn C U W C Q U 0 m L o p U o A w ac E U) U) z06/� U L J V¢ N U �� W Uo V/ W �xQ a— �z U N L LL J p V moDN��oo A Di W �/ L.I^... Q /W Q Q L p 2Sz C m V Q Q m 'O (V L 9 5 /v VA O N N LL C J N u > ro OLu WJ Z •C/) P: E -J •� C OU A O M~ N J i o �' -p y .� Q o 3 Qf z z W O i= c16v W W C) -C EEN`omo�� 0/� � �(D F-- N Q o V J p O N U3 % VJ V J }' W W ) ; a z z e 5 s 0o z z z r o CO LO N N ® O O O y Y � U 00 Q O Q J O C,: F N O F01 F- Q W rn O v b T o fU., Y 7b00 U � �_ Q) � Q � v pA [� p C, F- Q v 5 r� : p o RCM' -.0 February 13, 2024 Kim A. Lanham Eau Gallie Electric, Inc. 2012 Aurora Road Melbourne, FL 32935 555 Fairmount Avenue Phone 410.339.7263 www.rcmd.com Baltimore, MD 21286 Fax 410.339.7234 Toll -Free 800.346.4075 Direct Dial: 410.399.1209 Email: mrodriguez@rcmd.com Re: Bond No. 30BCSJB0860 — City of Sanford — $1,186,000 Dear Kim, Enclosed please find the above captioned Performance and Payment bonds, executed per your request. The bond must be signed by an authorized representative of your company, notarized (if required) and sealed with the corporate seal. We urge you to double-check all signatures, dates, amounts and job descriptions for accuracy. This will avoid the possibility of having the bond rejected by the Obligee. Please verify again that the bond form we executed is the form required by the specification. In addition, please verify that any special requirements for the bond issuance that is required by the obligee is also attached. NOTE: The enclosed bond will precede the contract. All contract terms, conditions, schedule and scope must be agreed upon and all parties should sign final contract prior to giving the bond to obligee. All requests to place or change coverage, including bond penal sum, will be confirmed in writing and approved/agreed to by the surety. Coverage should not be considered bound until you have received such confirmation. Please forward a fully executed copy of the contract at your earliest convenience, if not already done so. Feel free to call our office if you should have any questions or need any further assistance. Sincerely, a' % R ri uez g g Client M ager A wAPY U CS COURr y,0 Grant Maloy Clerk of the Circuit Court & Comptroller Seminole County P.O. Box 8099 �\� Sanford FL 32772 Phone:407-665-4327 Customer: SANFORD, CITY P O BOX 1788 SANFORD F Tran: 5589669 - 95186428 Receipt # 2331745 Receipt Date 04/29/2024 Account No: 116 Account Balance: 1,024.50 1 BOND Inst# 2024037624 BKPG 10619/777 BOND $120.50 COUNTY RECORDING FEES 120.50 Receipt Total: $120.50 Paid By: CHARGE MANSOL ORDONEZ./PURCHASING DEPT 120.50 Total Tendered $120.50 HAVE A NICE DAY HOW ARE WE DOING? PLEASE VISIT SEMINOLECLERK.ORG Printed: 04/29/2024 2:11 pm Rec By: cjones ver. 19.08.26.1001 E L E C T R 1 C SIIIC�4� DATE: 2-27-24 This Instrument Prepared By & Return To: Ms. Marisol Ordonez TO: Kim Searles Purchasing Manager/City Hall 300 N. Park Ave., Sanford Fl. 32771 FROM: Kim Lanham PROJECT: Sanford North WRF & South WRC Electrical Improvements RE: Payment & Performance Bonds Good afternoon. Enclosed, please find the original signed and sealed Payment and Performance Bonds for the project named above. As requested, the date was left blank. Please contact me if you have questions or need additional information. Thank you, Kim 2012 Aurora Road 1 Melbourne, FL 32935 T (321) 259-2885 1 F (321)254-1518 1 1-877-434-5577 EG-Electric.com