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HomeMy WebLinkAbout2650 S.A. Casey Construction IFB 25/26-04 Ft Mellon ImprovementsCONSTRUCTION CONTRACT Contract No. IFB 25/26-04 OWNER The City of Sanford, Florida, a municipality ("Owner") 300 Park Avenue Sanford, FL 32771-1788 CONTRACTOR S.A. Casey Construction, Inc. ("Contractor") CGC042180 2822 Commerce Park Drive Suite 400 Orlando, FL 32819 FEI/EIN Number: 22-3921381 407-240-6775 DESIGN PROFESSIONAL (If Applicable) GAI Consultants ("Design Professional") Ruth Perry, P.L.A., Design Professional's License No. 1530 618 East South Street, Suite 700 Orlando, FL 32801 r.oen-,,(a t-aiconsultants.com 321-319-3059 Aimme Shields, P.E. Design Professional's License No. 68011 618 East South Street, Suite 700 Orlando, FL 32801 a.shield;�i�raicon�ultant�.com 321-319-3041 PROJECT FT. Mellon Park Improvements ("Project") IFB 25/26-04 This Construction Contract ("Contract") is made by and between the City of Sanford, Florida ("Owner") and S.A. Casey Construction, Inc. ("Contractor") (Owner and Contractor are each individually referred to herein as a "Party" and collectively as the "Parties") and is effective as of the Effective Date. The Parties, in consideration of the mutual covenants and obligations identified hereunder, the sufficiency of which is hereby acknowledged, do hereby agree as follows- DEFINITIONS AND EXHIBITS 1.1 Definitions. Definitions of capitalized terms and phrases shall have the meanings set forth below and throughout this Contract. a. "Contract Documents" shall mean this Contract including exhibits, the Drawings and Specifications, and Modifications issued after the Contract is executed. b. "Contract Price" shall have the meaning set forth in Section 3.1. c. "Contractor" shall mean the Contractor that is identified above. d. "Day" shall mean calendar day. e. "Drawings and Specifications" shall mean the drawings, plans, and specifications prepared by Design Professional and attached as Exhibit A. f. "Design Professional" shall refer to the Design Professional identified above. g. "Effective Date" shall mean the date of the last signature hereto. h. "Laws" refers to all federal, state, municipal, and local laws, statutes, executive orders, administrative orders, rules, standards, regulations, ordinances, notices, requirements, codes and requirements from the authority having jurisdiction. i. "Indemnitees" shall have the meaning set forth in Section 8.8. j. "Indemnity Claim" shall have the meaning set forth in Section 8.8. k. "Modifications" shall mean any amendments to this Contract that are signed by both parties, including but not limited to Change Orders. 1. "Notice of Claim" shall have the meaning set forth in Section 10.1. m. "Owner" shall mean the City of Sanford, Florida. n. "Owner's Rules" shall have the meaning set forth in Section 2.13. o. "Project" shall mean the construction project identified above. p. "Schedule" shall have the meaning set forth in Section 4.3. q. "Subcontractors" refers to all subcontractors, at any tier, suppliers, laborers, and all other entities or persons that furnish labor, services, materials or equipment, either directly or indirectly, to Contractor for the Project. r. "Substantial Completion" shall have the meaning set forth in Section 3.11. s. "Termination for Cause" shall have the meaning set forth in Section 7.2. t. "Work" shall mean performance of the construction services required by the Contract Documents and includes all labor, services, equipment, and materials to be provided by the Contractor. 1.2 Exhibits. The exhibits to this Contract include: a. Exhibit A — Drawings and Specifications b. Exhibit B — Waiver and Release Forms c. Exhibit C — Section 00618 — Insurance Requirements d. Exhibit D — Required Bond Forms e. Exhibit E — Contractor's Affidavit as to Public Entity Crimes and Scrutinized Companies f. Exhibit F — Nongovernmental Entity Human Trafficking Affidavit g. Exhibit G — Foreign Country of Concern Attestation h. Exhibit H — Section 00470, Instructions on Criminal Background Check Form CONTRACTOR'S WORK 2.1 Work. Contractor agrees to furnish and pay for all labor, materials, equipment, tools, services, facilities, and any other things required to perform the Work. 2.2 Warranty. Contractor warrants and guarantees to the Owner that: a. the Work shall be performed free from defects; b. the Work shall be performed in accordance with the Contractor's best skill and attention; c. the Work shall be performed in strict accordance with all Laws, the Contract Documents, and industry standards; d. the Work shall be performed in accordance with the highest workmanship standards in the construction field; e. the Work shall be performed to the complete satisfaction of the Owner, Design Professional, and the Authority Having Jurisdiction ("AHJ"); f. the Work shall be performed free from any contamination by hazardous wastes or other hazardous or toxic materials of any kind, including, without limitation, asbestos, PCB's and other toxic or hazardous chemicals or materials; g. all materials and equipment furnished will be of good quality, new, merchantable, free from defects, and in strict accordance with all Laws and the Contract Documents. Any portion of the Work, including materials, or equipment, that does not conform to these requirements shall be considered defective. Contractor shall obtain similar warranties from each of its Subcontractors which shall run in favor of the Owner. The provisions of this Section are supplementary to the provisions in this Contract related to correction of defective Work. Contractor's warranty obligations will survive final payment or any early termination of this Contract. 2.3 Licensing and Certifications. Contractor represents and warrants that it is lawfully licensed by the State of Florida to perform the services contemplated under this Contract. Contractor shall maintain required licenses and certifications, as required by the State of Florida and any other Laws, at all times Contractor is performing Work. Contractor shall verify that all Subcontractors have the required licensure required by the State of Florida and the Laws and shall not permit any Subcontractor to perform Work if that Subcontractor does not maintain proper licenses and certifications. 2.4 Subcontractors. Any subcontract with a Subcontractor must incorporate the terms of this Contract. Contractor remains fully responsible for the actions and omissions of all Subcontractors. Subcontracting any portion of the Work to a Subcontractor does not in any way release Contractor from liability to the Owner for the actions or omissions of the Subcontractor. Contractor shall obtain Owner's written consent before subcontracting any portion of the Work to a Subcontractor. By approving or disapproving of Contractor's engagement of a Subcontractor, Owner is no way accepting liability or responsibility for the actions or omissions of the Subcontractor. 2.5 Means and Methods. Contractor shall supervise and direct the performance of the Work including any Work performed by Subcontractors at all times. Contractor shall be solely responsible for, and have exclusive control over, the construction means, methods, techniques, and sequences utilized for the Work. If Contractor contends that a recommended installation procedure, whether set forth in the Drawings and Specifications or if required by a manufacturer: (1) deviates from good construction practice, (2) will affect the warranties provided by Contractor or a Subcontractor, then Contractor shall promptly advise the Design Professional and Owner. 2.6 Documents at the Site. At all times, Contractor shall maintain at the site one copy of the Contract Documents. At all times, Contractor shall also maintain at the site a copy of the Contract Documents marked to indicate field changes and selections made during construction. At all times, Contractor shall maintain at the site one copy of approved shop drawings, product data, samples and similar required submittals. At all times, Contractor shall maintain a copy of the Drawings and Specifications that were approved for permit by the Authority Having Jurisdiction and shall make them accessible to the Design Professional, Owner, and any build inspector. 2.7 Shop Drawings. The Contractor shall review for compliance with the Contract Documents, approve and submit to the Design Professional shop drawings, product data, samples and similar submittals required to be reviewed and approved by the Design Professional. 2.8 Use of the Site and Access. Contractor shall confine operations to the Project site and shall not unreasonably encumber the site with materials or equipment. The Contractor acknowledges the ongoing operations of the Owner and agrees to coordinate the Work with the Owner and conduct the Work in a manner which minimizes or eliminates any adverse impact on the Owner. The Contractor shall provide the Design Professional and Owner access to the Work at all times. 2.9 Safety. Contractor shall be solely responsible for ensuring proper job site safety procedures are utilized and for ensuring the safety of Contractor's employees and any employees of Subcontractor(s). Contractor is solely responsible for ensuring all of its operations are performed in compliance with all applicable Laws, including but in no way limited to health and safety laws and regulations, including the Occupational Safety and Health Act, and all laws and regulations governing handling and storage of hazardous materials. Contractor shall supply and use appropriate personal protective equipment and personal safety equipment required by the Laws and shall ensure employees are adequately educated and trained in proper safety procedures and requirements. 2.10 Permits and Licensing. Contractor shall ensure the Work is performed in compliance with all licensing, permitting, and certification requirements imposed by the Laws. Contractor shall pay for all costs associated with obtaining any permits, authorizations, or clearances associated with the Work. The Contractor shall secure and pay for the building, mechanical, electrical and plumbing permits, engineering and inspection charges required by any governmental authority or other person or entity having jurisdiction over the Work. Said permits shall include, without limitation, both temporary and permanent permits, building permits, certificates of occupancy, curb -breaking permits, highway entrance permits, water permits and all similar permits and certificates. The Contractor will deliver original drawings and specifications to the Building Department and pay the initial plan check fee. If any governmental authority or other person or entity having jurisdiction requires special bonding of Contractor or the posting of any security for any part of the Work (not including Contractor's performance bond), then Contractor shall pay the premiums for such bond or post such security. The Owner shall be responsible for all capacity charges and impact fees. 2.11 Compliance with Laws. Contractor shall ensure performance of the Work is in accordance with all Laws including but in no way limited to those relating to safety, discrimination, immigration, and fair employment practices, without additional charge or expenses to Owner. Contractor shall be responsible for and shall correct, at its own expense, any violation of the Laws. 2.12 Removal. Owner shall have the right to immediately remove any employee of Contractor or a Subcontractor that: (1) endangers the safety and wellbeing of people or property; or (2) does not comply with the requirements of this Contract. 2.13 Code of Conduct. Employees of Contractor and Subcontractors shall comply with the following rules at all times they are on the Project site. The following rules shall be referred to herein as "Owner's Rules." a. Tobacco, drugs, and alcohol may not be consumed at any time on the Project site. Any person(s) under the influence of drugs or alcohol or who is using tobacco shall be immediately removed from the Project. b. Contractor shall require all construction personnel to maintain a neat general appearance at all times. Shirts, trousers, and proper shoes are required apparel. The display of vulgar words, signs, or figures is prohibited. Sandals and flip-flops are prohibited on the Project site. c. The use of radios, tape players, cd players, boom boxes, sound producing devices, and the like are prohibited on the Project site. d. Contractor shall require all construction vehicles to adhere to posted speed limits on the Project site and shall only permit construction vehicles to park in spots that Owner has authorized. e. Proper safety attire must be worn at all times Contractor or any Subcontractor is at the Project site, including hard hats, boots, and other personal protective equipment. Contractor's failure to comply with Owner's Rules may, at Owner's sole discretion, result in immediate Termination for Cause of Contractor. 2.14 Clean Up. Contractor shall clean up all trash and debris on a daily basis. Trash and debris shall only be disposed of at locations and receptacles authorized by Owner. Unused or excess materials or equipment should only be stored in locations authorized by Owner or removed from the Project site when not being used. If Contractor fails to clean up debris, contaminants, materials, or trash, Owner can clean up using its own forces or a third -party and is entitled deduct the costs of such clean up from the Contract Price. 2.15 Due Diligence. By executing this Contract, Contractor certifies that it has been given an opportunity to. (1) visit the Project site, (2) investigate the nature of the Project site, and (3) review the Contract Documents. Contractor shall verify all dimensions and actual field conditions before performing Work. Contractor warrants that it has sufficient information about the nature and location of the Work, the character, kind and quality of material to be encountered during the Work, and the character, kind and quantity of equipment 4 needed to perform the Work. Contractor warrants that it can perform Work for the Contract Price. As part of Contractor's due diligence into the Project and review of the Contract Documents, Contractor shall notify Owner in writing of any conditions which might adversely affect performance of the Work. 2.16 As Built Drawings. Contractor shall prepare as -built drawings that depict the physical conditions actually constructed. All as -built drawings prepared by Contractor shall become the property of Owner. The Contractor shall provide the As-Builts in both paper copy and digital media in the form approved by the Owner. 2.17 Continued Performance. Unless Owner terntinates Contractor or suspends the Work, Contractor shall not be entitled to stop performing the Work for any reason. To the extent Contractor stops performing the Work, it shall be considered a material breach of the Contract and Owner shall be entitled to recover any resulting damages incurred from Contractor. 2.18 Ownership of Documents. All reports, drawings, plans, studies, models, sketches, specifications, shop drawings, submittals, or other documents furnished for the Project and prepared by the Contractor or any Subcontractor, including copyrights, trademarks, patents, and all other intellectual property rights ("Project Documents"), are the sole and exclusive property of Owner. Contractor agrees that all Project Documents, whether in final form or draft, are hereby assigned exclusively to Owner, including any copyright, patent, trademark, or other intellectual property rights. Contractor further hereby expressly assigns all of its present and future rights therein to Owner, and agrees to execute and furnish, and to cause all of Contractor's Subcontractors to execute and furnish, in favor of Owner, separate assignment documents from time to time as requested by Owner. This Section shall survive any termination or expiration of this Agreement. 2.19 No Employment Relationship. Contractor and Contractor's employees have no employment relationship with Owner. 2.20 Acts and Omissions. Contractor shall be responsible to the Owner for the acts and omissions of Contractor's employees, Subcontractors, Subcontractors' agents and employees, and any other persons or entities performing any part of the Work on behalf of the Contractor or any of its Subcontractors. 2.21 Tax Savings Program. Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Owner Purchased Materials"). Before purchasing materials or equipment for the Project that exceed $5,000.00 in cost, Contractor shall identify in writing to Owner all materials and equipment to be included in the Work that will generate sales tax savings if purchased directly by Owner. Contractor shall comply with the written procedures for Owner Purchased Materials provided by Owner to Contractor and shall incorporate a similar provision to this provision in all of its subcontracts requiring the Subcontractors' compliance with Owner's tax savings program. Owner shall execute direct purchase orders with vendors for such Owner Purchased Materials. The purchase orders shall contain Owner's Consumer Certificate of Exemption number. Owner shall acquire title to all Owner Purchased Materials at the time same are delivered to the Project site. Owner shall obtain insurance on the Owner Purchased Materials and Owner shall assume all risk of loss and theft for the Owner Purchased Materials upon their delivery to the Project site and until they are incorporated into the real property. Vendors shall invoice Owner directly for the Owner Purchased Materials. Owner shall pay vendors directly for the Owner Purchased Materials. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order maximize cost savings for the Project. Upon the execution of a purchase order, Owner and Contractor shall execute a Change Order decreasing the Contract Price by the total cost, including the saved sales tax, for the materials or equipment purchased directly by Owner under said purchase order. With respect to all direct purchases by Owner, Contractor shall remain responsible for coordinating, installing, inspecting, storing, handling, warranting, receiving and unloading, ensuring accuracy of quantities ordered, protecting, security, cleaning, scheduling, shipping, and quality control for all Owner Purchased Materials. Contractor shall remain responsible for ensuring all Owner Purchased Materials meet the requirements of the Contract Documents. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant to this Section shall be included within and covered to the same extent as all other warranties and performance guarantees provided by Contractor pursuant to the terms of the Contract Documents, including bonds. The Parties understand that the above Owner direct purchase procedures are generally not available to purchase fabricated materials from a vendor that, in addition to fabricating them, also installs those same fabricated materials into the Project. Owner's purchase of Owner Purchased Materials shall in no way make Owner liable for the defective or non -conforming installation of Owner Purchased Materials. For avoidance of doubt, 100% of all tax savings resulting from any Owner Purchased Materials shall accrue to the benefit of the Owner only. 2.22 Manufacturer and Subcontractor Warranties. Contractor shall ensure that Owner is a direct beneficiary of all manufacturer and subcontractor warranties that Contractor is required to provide to Owner pursuant to the Contract Documents. Contractor shall perform the Work in such manner as to preserve all manufacturer and subcontractor warranties required by the Contract Documents. Further, Contractor shall comply, and cause its Subcontractors to comply, with all manufacturers' installation specifications, details, and requirements. Contractor shall purchase, assign, and deliver to Owner, as a condition precedent to final completion, all manufacturer and Subcontractor warranties required by the Contract Documents. 2.23 Owner's Authority. Owner shall be entitled to make any decision or approval required by this Contract to be made by the Design Professional. Any decision of Owner shall supersede any decision of the Design Professional. Any time Contractor shall be required to notify or report to the Design Professional such notice or report shall also be made to Owner. 2.24 Permits and Related Costs. Contractor shall secure and pay for all permits, fees, licenses, and inspections required by government agencies and/or the AHJ and Contractor acknowledges that these costs are included within the Contract Price. 3. PAYMENT II Contract Price — Lump Sum. Owner shall pay the Contractor Four Million, Four Hundred Ten Thousand Dollars and 00/100 ($4,410,000.00) for Contractor's complete performance of the Work, as further specified in the table below. Item Description Quantity Unit Extended Price 1 Mobilization, Demobilization, Bonds and Permits I LS $213,053.10 2 General Conditions l LS $169,936.44 3 Construction Survey Layout 1 LS $24,484.77 4 Demolition 1 LS $12,781.26 5 Stormwater Pollution Prevention 1 LS $8,002.80 6 Dewatering 1 LS $17,074.80 7 lGrading 1 LS $156,468.38 8 Stormwater Enhancements 1 LS $61,684.69 9 Sheet Piles 39650 SF $2,413,447.92 10 Concrete Class IV Bulkhead 214 CY $88,981.20 11 Reinforced Steel Bulkhead 17882 LB $10,621.91 12 Bridge over Existing Utilities l LS $9,039.60 13 Elect Service 1 LS $200,265.46 14 Light Poles 8 EA $57,672.00 15 Lake Fountain I LS $33,500.00 16 Oak Tree 5 EA $6,480.00 17 ICoontie Canna Lily 118 EA $5,097.60 18 34 EA $3,304.80 19 Liriope 406 EA $9,646.56 20 Herb of Grace 356 EA $ l 1,534.40 21 Pink Muhly Grass 356 EA $10,765.44 22 Blue Porter Weed 356 SF $8,458.56 23 lSod 7707 1 SF $5,410.31 24 Modification of existing irrigation system 1 LS $10,584.00 25 Pavilion Coordination on Installation I LS $8,100.00 26 Pavilion Retaining Wall 185 LF $30,599.37 27 Backfill for pavilion/retaining wall 300 CY $11,599.20 28 Concrete pavilion concrete and sidewalk 4204 SF $369,945.27 29 Decorative Sidewalk Paving 10927 SF $236,241.74 30 12" Concrete Band 1459 LF $22,847.94 31 Concrete Plaza on lst Street 2172 SF $43,396.56 32 Decorative Seatwall/Columns 219 LF $44,356.96 33 Electrical Service I LS $18,000.00 34 Light Poles 8 EA $37,400.00 35 Podocarpus 133 EA $10,054.80 36 Sod 39080 SF $27,434.16 37 Modification of existing irrigation system 1 LS $1,728.00 Grand Total: $4,410,000.00 To the extent that Owner requests additional items of work, Contractor shall prepare a Change Order using the unit prices identified in the table below. Contractor acknowledges and agrees that the stated unit price includes all costs associated with that facet of work and includes Contractor's overhead and profit. Description Unit Unit Price Sheet Piles SF $60.87 Concrete Class IV Bulkhead CY $415.80 Reinforced Steel Bulkhead LB $0.59 Light Poles EA $7,209,00 Oak Tree EA $1,296.00 Canna Lily EA $43.20 Coontie EA $97.20 Liriope EA $23.76 Herb of Grace EA $32.40 Pink Muhly Grass EA $30.24 Blue Porter Weed SF $23.76 Sod SF $0.70 Pavilion Retaining Wall LF $165.40 Backfill for pavilion/retaining wall CY $38.66 Concrete pavilion concrete and sidewalk SF $88.00 Decorative Sidewalk Paving SF $21.62 12" Concrete Band LF $15.66 Concrete Plaza on I st Street SF $19.98 Decorative SeatwalUColumns LF $202.54 Light Poles EA $4,675.00 Podocarpus EA $75.60 Sod SF $0.70 3.2 Contractor's Warranties Regarding the Contract Price. Contractor warrants that the Contract can be performed for the Contract Price. Contractor shall pay for all taxes associated with Contractor's Work. Any costs or expenses incurred by Contractor in excess of the Contract Price are Contractor's sole responsibility, unless Owner authorizes additional costs or expenses in a Change Order or Construction Change Directive. Without a Change Order or Construction Change Directive, the Contract Price shall not be adjusted for any reason, including but not limited to an adjustment to account for escalation in costs for materials or labor. 3.3 Schedule of Values. Within ten (10) days of the Effective Date, Contractor shall deliver a schedule of values that allocates the Contract Price into the various portions of the Work ("Schedule of Values") to the Owner. The Schedule of Values shall be in a form that is acceptable to Owner. The Schedule of Values shall be used as a basis for reviewing the Contractor's Applications for Payment. The Schedule of Values shall not be changed without the written approval of the Owner. The Schedule of Values shall be approved by the Owner in form and context. 3.4 Local Government Prompt Payment Act. Flo,•ida Statutes 218.70 et seq., also known as the Local Government Prompt Payment Act, shall govern this Contract. Owner and Contractor shall comply with the Local Government Prompt Payment Act at all times. 3.5 Application for Payment. Contractor shall submit a notarized application for payment, in the form specified by the Owner, to the individual(s) identified in Section 3.6 ("Application for Payment"). The period covered by the Application for Payment shall be one calendar month ending on the last day of the month. Each Application for Payment shall be based on the Schedule of Values and shall specify the percentage of completion of each portion of the Work as of the end of the period covered in the Application for Payment. Each Application for Payment shall include a signed and notarized waiver and release form, in the form attached as Exhibit B, from Contractor. By submitting an Application for Payment, Contractor certifies and warrants: (1) the Work contemplated by the Application for Payment has been completed in strict accordance with the Contract Documents; (2) at the time payment is made title to the Work contemplated by the Application for Payment shall pass to the Owner free and clear of all liens, security interests, claims, and encumbrances; (3) all amounts owed by the Contractor for Work, materials, services, and equipment furnished pursuant to prior Applications for Payments have been paid by the Contractor from the prior progress payments received from the Owner, and (4) the current amount shown on the Application for Payment is the payment now due. Owner may reject an Application for Payment that does not conform to the requirements of this Contract in accordance with the Local Government Prompt Payment Act. 3.6 Submission of Applications for Payments. Contractor shall submit its Application for Payment to Chris Smith, Project Manager, 300 N Park Ave., Sanford FL, 32771, chri� n,.i, s,i[I[Ordfl cov. 3.7 Retainage. Owner shall be entitled to withhold five percent (5%) of each progress payment as retainage. Upon mutual written agreement by Owner and Contractor, Owner may release retainage for a particular portion of the Work prior to Substantial Completion if that portion of the Work is fully and satisfactorily completed and Contractor complies all other requirements of the Contract required for such payment. 3.8 Certification by Design Professional and Payments. The Design Professional shall inspect the Work described in the Application for Payment, determine whether the Work has progressed to the point of completion indicated in the Application for Payment, determine whether the Work described in the Application for Payment is in accordance with the Contract Documents, and certify to the Owner the amount that the Contractor is due, and, if the amount is less than the amount sought in the Application for Payment, the Design Professional shall explain why. Owner shall pay to the Contractor the amount certified by the Design Professional in accordance with the provisions of the Local Government Prompt Payment Act. Payment by Owner shall be made by ACH payment or check. Contractor shall provide Owner with appropriate banking information to initiate a wire transfer. 3.9 Good Faith Dispute. Owner, in its sole discretion, may withhold a portion of any payment due to Contractor if Owner contends there is a good faith dispute regarding performance of the Work, Contractor's payments to Subcontractors for labor, materials, or services, or damage to the Owner caused by Contractor or a Subcontractor. Within twenty (20) business days of Owner's receipt of Contractor's Application for Payment (as provided in Section 3.6), Owner shall provide written notice to Contractor of the amount to be withheld and the reason for withholding. The undisputed portion of any Application for Payment shall be paid in accordance with the Local Government Prompt Payment Act. 3.10 Payments to Subcontractors. Contractor shall comply with the Local Government Prompt Payment Act and shall require all lower tiered subcontractors and suppliers to comply with the Local Government Prompt Payment Act. No later than ten (10) days after Contractor's receipt of payment from the Owner, Contractor shall remit payment to all Subcontractors. All Subcontractors that receive payment from Contractor shall remit payment to lower -tiered subcontractors in accordance with the Local Government Prompt Payment Act. Owner has the right to request written evidence from Contractor that Contractor has paid Subcontractors in accordance with this Contract and the Local Government Prompt Payment Act. 3.11 Substantial Completion. "Substantial Completion" shall mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents and is capable of being utilized or used for the Owner's intended use. Additionally, in order to be Substantially Complete, the following conditions must also be met: a. The Work is complete in accordance with the Contract Documents; b. A Certificate of Substantial Completion has been issued by the Design Professional; c. All warranties for the Work, including manufacturer's and Subcontractor's warranties, have been assigned to and delivered to Owner. d. All required occupancy certificates have been issued to the Owner. 3.12 Development of the Punch List. a. Owner and Contractor shall comply with the provisions of Section 218.735, Florida Statutes, regarding preparation of the punch list. b. When the Contractor contends it has achieved Substantial Completion, Contractor shall notify the Owner and Design Professional and shall deliver a list of items to be completed or corrected prior to final completion and the estimated cost of completing or correcting each item ("Draft Punch List"). Contractor's failure to include an item on the Draft Punch List does not relieve Contractor of its obligation to complete all Work in accordance with the Contract Documents. Upon receipt of the Draft Punch List and the foregoing notice from Contractor, Owner and Design Professional shall inspect the Work to determine if Contractor has achieved Substantial Completion. If the Owner or Design Professional determines there are additional items to be completed or corrected before a Certificate of Substantial Completion can be issued, then Design Professional shall inform the Contractor of what items need to be completed or corrected and Contractor must request another inspection by the Design Professional and Owner when Contractor contends the Work is Substantially Complete. c. No later than thirty (30) days of the date that Substantial Completion is actually achieved: (1) Owner shall review Contractor's Draft Punch List and advise the Contractor of any additional items 9 that need to be added or estimated costs that need to be changed, (2) Owner and Contractor shall work together in good faith to reach an agreement on a final list of punch list items and the estimated costs to complete or correct each item, and (3) to the extent Owner and Contractor disagree on whether something belongs on the punch list or an estimated cost to complete an item on the final punch list, then the Design Professional's opinion shall govern. The list of items agreed to by the Owner and Contract to be completed or corrected prior to final payment and the agreed upon cost for each item shall be referred to herein as the "Final Punch List." The Owner shall approve of the Final Punch List no later than thirty (30) days after the date Substantial Completion is actually achieved and the date so approved shall be referred to herein as "Date of Final Punch List." Owner shall deliver a copy of the Final Punch List to the Contractor no later than five (5) days after the Date of Final Punch List. The Final Punch List shall set a date by which the Final Punch List items need to be completed or corrected by, which shall not be sooner than thirty (30) days after the date the Owner delivers the Final Punch List to the Contractor. d. Within twenty (20) business days after the Date of the Final Punch List and a corresponding Application for Payment, Owner shall pay Contractor the remaining balance of the Contract Price, including retainage, but shall be entitled to withhold one hundred and fifty (150) percent of the estimated costs to complete the items on the Final Punch List. e. The failure to include any corrective work or pending items not yet completed on the Final Punch List does not alter the Contractor's responsibility to complete the Work in accordance with the Contract Documents. 3.13 Final Completion and Final Payment. Final payment to Contractor, which shall include the amount withheld to complete the items on the Final Punch List, shall be made in accordance with the Local Government Prompt Payment Act. Final payment shall not become due until all of the following have occurred: a. All Work, including all items on the Final Punch List, is complete and in accordance with the Contract Documents; b. All trash, debris, materials, and contaminants have been removed from the Project site; c. All Work has been approved of by Owner and Design Professional; d. Owner's receipt and approval of Contractor's Final Application for Payment; e. Owner's receipt of "Contractor's Final Payment Affidavit," stating that the Work is complete and all subcontractors and suppliers have been paid in compliance with the Florida Statutes; f. Owner's receipt of Contractor's final waiver and release form in the form attached as Exhibit B. g. Owner and Design Professional's receipt of a Consent to Final Payment from Contractor's Surety; h. Issuance of a Certificate of Final Completion by Design Professional; i. Owner and Design Professional's receipt of record as -built drawings from Contractor; j. All required directional bore logs; if applicable. k. Stormwater NYPDES Notice of Termination; if applicable. I. Owner and Design Professional's receipt of a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents; m. All warranties, such as manufacturers' warranties and Subcontractor warranties, have been assigned to and delivered to Owner if not otherwise provided prior to Substantial Completion; n. Owner and Design Professional's receipt of operations and maintenance manuals from Contractor; and o. Contractor has resolved any "Notices of Nonpayment" received from Subcontractors. 3.14 Final Payment. By accepting final payment, Contractor waives and releases any claims it may have against Owner related to the Project. 3.15 Acceptance of Defective Work. A progress payment, final payment, or partial or full use of the Project shall not constitute Owner's acceptance of defective Work that does not conform to the Contract Documents. 10 4. SCHEDULE 4.1 Commencement of the Work. Contractor shall commence the Work on the date the Owner issues a Notice to Proceed ("Date of Commencement"). 4.2 Contract Time. Subject to adjustments authorized by the Owner, Contractor shall achieve Substantial Completion of the Work, as defined in Section 3.11, within one hundred and twenty days (120) of Date of Commencement ("Contract Time"). 4.3 Schedule. Time is of the essence as to the deadlines for performance of the Work. By executing this Contract, Contractor acknowledges and agrees that the Contract Time is a reasonable period of time to complete the Work. Within ten (10) days of the Effective Date, the Contractor shall deliver to the Owner a schedule for completion of the Work that complies with the Contract Time and is acceptable to the Owner. Any modification to the Schedule or the Contract Time must be approved by Owner. 4.4 Liquidated Damages. If the Contractor fails to achieve Substantial Completion by the time set forth in 4.2, then the Contractor agrees to pay the Owner, as liquidated damages, a sum of one thousand dollars ($1,000.00) per calendar day until Substantial Completion of the Work is actually achieved. Such amount is agreed upon as a reasonable measure of the damages that the Owner will sustain from the Contractor's failure to timely complete the Work. Owner and Contractor recognize the delays, expense, and difficulties involved in proving in an arbitration or judicial proceeding the actual loss suffered by the Owner if the Work is not completed on time and accordingly, instead of requiring such proofs, they agree upon the above -stated amount as liquidated damages for delay (but not as a penalty). The Owner may deduct liquidated damages prescribed herein from any unpaid amounts then or thereafter due to the Contractor. Any liquidated damages not so deducted shall be payable to the Owner by the Contractor upon demand by the Owner plus two percent (2%) interest per month. It is further mutually understood and agreed that the Owner's assessment of liquidated damages for delays is intended to compensate the Owner solely for Contractor's failure to timely achieve Substantial Completion of the Work and shall not release the Contractor from liability from any other breach of the requirements of the Contract Documents. If the liquidated damages set forth in the Contract are determined by a court of competent jurisdiction to be unenforceable for any reason, then the Owner instead shall be entitled to recover those actual delay damages that it sustained as a result of the Contractor's failure to timely achieve Substantial Completion. The Owner's right to liquidated damages hereunder is self-executing and no claim or notice by the Owner is required as a condition precedent to the Owner's right to offset liquidated damages from amounts otherwise due to the Contractor or to otherwise pursue recovery of liquidated damages. 4.5 Delays. If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner; (2) any delay or directive to stop Work from the AHJ (provided such delay or directive was not caused by the Contractor or a Subcontractor); (3) by fire or unusual extraordinary adverse weather conditions not reasonably anticipatable; or (4) Acts of God (collectively "Excusable Delay"), then, subject to the other limitations provided in this Section, the Owner shall grant the Contract an extension of the Contract Time equal to the number of days the Excusable Delay spanned, however, in no event shall the Owner adjust the Contract Price as a result of an Excusable Delay. It is the express and bargained for intent of the Parties that the risk of any monetary damages caused by an Excusable Delay described in this Section or any other delays from any other cause are accepted and assumed entirely by Contractor, and in no event shall any claim relating thereto for an increase in the Contract Price be made or recognized. Contractor's sole remedy for any delay, impact, disruption, or interruption caused by any of the reasons listed in this Section shall be an extension of the Contract Time only and Contractor waives any right it may have to seek monetary damages or costs as a result of a delay, including but not limited to a claim for extended general conditions, unless the a delay was caused by acts constituting intentional interference by Owner with Contractor's performance of the Work, and, to the extent that such acts of intentional interference by the Owner continue after Contractor's written notice to Owner of such interference. The Owner's exercise of any of its rights under the Contract, including, without limitation, its rights pertaining to changes in the Work, regardless of the extent or number of such changes, or the Owners exercise of any of its remedies of suspension of the Work, or requirement of correction or re -execution of any defective Work, shall not under any circumstances be construed as intentional interference with Contractor's performance of the Work. a. Extensions of time due to unusual, extraordinary adverse weather conditions not reasonably anticipatable will be granted only if such inclement weather (1) prevents the execution of the major or critical item of the Work; and (2) such inclement weather exceeds by twice that normally recorded by the National Weather Bureau for the same month and location on a 20-year average basis. b. If a Contractor caused delay nuts concurrent with an Excusable Delay, Contractor shall not be entitled to any extension of the Contract Time. c. Extensions of time will be granted only if the item, task, or other phase of construction delayed is critical to the Work and so indicated in the Schedule. d. Within three (3) days of the date Contractor knew or should have known of an Excusable Delay, Contractor shall provide written notice to Owner requesting an extension of Contract Time and the request shall describe in detail the event that has purportedly delayed the Project, supporting data, and how the delay has interrupted the critical path of the Project. Contractor's failure to strictly comply with the notice provisions in this Section shall constitute a waiver of Contractor's right to an extension of the Contract Time. The Contractor shall immediately take all steps reasonably possible to lessen the adverse impact of an Excusable Delay. e. THE PARTIES AGREE THAT THIS SECTION PRECLUDES RECOVERY OF DAMAGES FOR DELAY. CHANGES IN THE WORK 5.1 Changes in the Work. Changes in the Work can be achieved through a Change Order or a Construction Change Directive. Owner's issuance of a Change Order or a Construction Change Directive shall not constitute a breach of this Contract. All Change Orders shall be performed in strict compliance with the Contract Documents. No alteration, addition, omission, or change shall be made to Contractor's Work except upon the execution of a Change Order or issuance of a Construction Change Directive. 5.2 Change Order. A "Change Order" is a written document signed by the Owner, Design Professional, and Contractor, evidencing their agreement on (1) the change in the Work (which may be additional Work or a reduction in Work); (2) the adjustment to the Contract Price, if any; and (3) the adjustment to the Contract Time, if any. 5.3 Construction Change Directive. A "Construction Change Directive" is a document signed by the Owner and Design Professional that directs Contractor to perform a change in the Work. A Construction Change Directive shall be used when the Contractor does not agree to the change in the Contract Time and/or Contract Sum that Design Professional and Owner have agreed to for the change in the Work. Upon issuance of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work. Contractor shall not stop, delay, or hinder performance of Work contemplated under a Construction Change Directive due to disagreement adjustment to the Contract Time and/or Contract Price. To the extent Contractor and Owner cannot reach an agreement as to the terms of a Construction Change Directive, Contractor may pursue a Notice of Claim as provided in the Dispute Resolution Section. 5.4 Price Quote for Changes in the Work. If Owner seeks to issue a change in the Work, Owner may request that Contractor furnish a price quote for the change in the Work ("Price Quote") and in Owner's request, Owner shall: (1) describe the proposed change in the Work, (2) specify whether the Price Quote should be based on a lump sum, unit prices, or cost of the Work plus an amount for overhead and profit, and (3) specify the amount that the Price Quote shall not exceed. Contractor shall provide a Price Quote that conforms to the requirements of this Article 5. Price Quotes that do not conform with the requirements of this Article 5 shall be deemed not in conformance with the requirements of this Contract. Contractor shall only submit a Price Quote if a Price Quote was requested in writing by the Owner. Any Price Quote submitted to the Owner that was not requested in writing by the Owner shall be considered not in accordance with the requirements of this Contract and shall be rejected. Price Quotes must contain an itemized 12 accounting and supporting data, including written quotes from Subcontractors if Subcontractors will be utilized and written quotes from suppliers. The Contractor must submit the Price Quote to the Design Professional for review and approval before submitting the Price Quote to the Owner. Submission of the Price Quote to the Design Professional does not constitute submission of the Price Quote to the Owner. 5.5 Submission of a Price Quote. After receiving Design Professional's approval of the Price Quote, Contractor shall email the Price Quote to: (aurchasinfferoupCi�sanfordR.Pov) and (chris.smith(asanfordfl.sov) with an email subject line that states "PRICE QUOTE FOR CHANGE ORDER ENCLOSED." Price Quotes shall be deemed received on the date Owner responds to the email and confirms receipt of the Price Quote. Price Quotes submitted to the Owner in any method other than that described in this Section shall be deemed not in conformance with the requirements of the Contract. 5.6 Limitations on Price Quotes. For Price Quotes, the amount for overhead and profit shall be a total of eight percent (8%) of the Cost of the Work that is added or deducted ("Contractor's Fee"). For purposes of this Section, "Cost of the Work" shall refer to the proposed costs for labor, Subcontractor's costs, materials, supplies, and equipment. Price Quotes shall not exceed the following: a. For Work proposed for a Price Quote to be performed by Contractor's own forces, Contractor's fee for profit and overhead shall not exceed eight percent (8%) of the Cost of the Work. b. For Work proposed for a Price Quote to be performed by Contractor's subcontractor, subcontractor's fee for overhead and profit shall not exceed eight percent (8%) of the Cost of the Work. c. For each subcontractor, for Work performed by that subcontractor's sub -subcontractor, a five percent (5%) fee for overhead and profit on the amount due to the sub -subcontractor shall be paid to the subcontractor. d. For Work proposed for a Price Quote to be performed by subcontractor's sub -subcontractor, the sub -subcontractor's fee for overhead and profit shall not exceed eight percent (8%) of the Cost of the Work. e. No further tiering of sub -subcontractors will be allowed mark up for fees, overhead, or profit. Price Quotes with amounts that exceed the amounts in this Section 5.6 shall be deemed not in conformance with the requirements of the Contract. CORRECTION OF THE WORK 6.1 Uncovering Work. If Contractor covers a portion of the Work contrary to Owner or Design Professional's direction or the direction in the Contract Documents, then, if requested by the Design Professional, Contractor shall uncover the Work for inspection and shall replace and cover the Work following inspection, at Contractor's sole expense, without an adjustment in the Contract Time. 6.2 Prior to Substantial Completion. If, prior to achieving Substantial Completion, Owner identifies Work that does not comply with the Contract Documents, then Owner shall notify Contractor of such defective Work and, within seven (7) days of Contractor's receipt of the Owner's written notice, Contractor shall correct the defective Work. The cost of correcting defective Work, including but not limited to costs for additional testing, inspections, and design services, shall be at Contractor's sole expense. Contractor shall correct the defective Work to be in accordance with the Contract Documents and to Owner and Design Professional's full and complete satisfaction. If the Contractor fails to correct the defective Work within seven (7) days of Contractor's receipt of the Owner's written notice, Owner is entitled to withhold payment to Contractor and Owner is entitled to (but not obligated) to engage another contractor or contractors to correct the defective Work and shall be entitled to deduct all costs, damages, and expenses incurred by Owner to correct Contractor's defective Work, including but not limited to costs to correct the Work, costs for replacement contractors, and costs for additional testing, inspections, and design services, from any amount due to Contractor. If the amount deducted from the amount due to Contractor is not sufficient to cover Owner's damages and costs, Contractor shall pay the difference to the Owner upon Owner's written demand. 6.3 After Substantial Completion. In addition to Contractor's obligations under Section 2.2 and Contractor's 13 obligations under Florida law, if, within one year from the date of Substantial Completion, Contractor's Work is found to not be in accordance with the Contract Documents, then Owner shall notify Contractor of such defective Work in writing and in such notice shall specify a deadline by which Contractor must correct the defective Work. Contractor shall correct the defective Work within the time period specified in the notice. The costs of correcting defective Work, including but not limited to costs for additional testing, inspections, and design services, shall be at Contractor's sole expense. In the event Contractor fails to correct the defective Work by the deadline specified in the notice, then Owner shall be entitled to engage another contractor or contractors to correct Contractor's defective Work. Owner shall be entitled to recover all costs, damages, and expenses incurred by Owner to correct Contractor's defective Work, including but not limited to costs correct the Work, costs for replacement contractors, and costs for additional testing, inspections, and design services, from Contractor. 6.4 Dispute Resolution. Owner is not required to provide a Notice of Claim or pursue non -binding mediation, as specified in the Dispute Resolution Section, to pursue the remedies under this Section. 6.5 No Limitation on Remedies. The Parties agree that the one-year correction period identified in this Section relates only to Contractor's obligation to correct defective Work and shall not be construed as a limitation on any right or remedy the Owner may have against the Contractor nor shall it be construed as a limitation on the time the Owner has to pursue the Contractor for any liability under this Contract. TERMINATION AND SUSPENSION 7.1 Termination for Convenience. At any time, Owner may terminate Contractor at any time without Cause. In the event Owner desires to terminate Contractor for convenience, Owner shall send written notice to Contractor to the address in Section 11.10, which shall state Contractor is being terminated for convenience and shall state the effective date of the termination. Contractor shall cease all Work as of the effective date of termination. In the event of a termination for convenience, Owner shall pay Contractor for all Work properly performed as of the effective date of termination, as determined by Owner in its sole discretion. Owner's sole obligation in the event of a termination for convenience is to pay Contractor for Work properly performed as of the effective date of termination and Contractor waives its right to pursue Owner for any type of damages resulting from a termination for convenience, including but not limited to direct damages, indirect damages, special damages or consequential damages including, but not limited to, loss of bonding capacity, loss of bidding opportunities, loss of business, loss of profits or revenue, loss of productivity, or loss of opportunity associated with termination. 7.2 Termination for Cause. Owner may terminate Contractor for Cause at any time. "Cause" is defined as the following: a. Contractor breaches any provision of this Contract; b. Contractor fails to supply enough workers to complete the Work or fails to supply proper materials; c. Contractor repeatedly performs Work that is not in accordance with the Contract Documents and fails to correct the Work; d. Contractor fails to make payments to Subcontractors as required by this Contract and Florida law; e. Contractor fails to comply with applicable Laws; f. Contractor is adjudged bankrupt, or Contractor makes a general assignment for the benefit of creditors or if a receiver is appointed on account of the Contractor's insolvency; or g. Contractor assigns, transfers, or delegates any of its rights under this Contract without Owner's written consent. In the event Owner seeks to terminate Contractor for Cause, Owner shall send written notice to Contractor to the address in Section 1 1.10 and shall identify the reason for the termination for Cause and the effective date of the termination. Contractor shall cease all Work as of the effective date of the termination. In the event of a termination for Cause, Contractor shall not be entitled to further payment from Owner until the Work is finished. a. If Owner's costs, expenses, and damages incurred as a result of Contractor's termination for Cause, 14 including but not limited to costs for replacement contractors to complete/correct the Work, acceleration or overtime costs, additional design professional costs, and Owner's attorney's fees and costs, exceed the unpaid Contract Price, then Contractor shall pay the difference to Owner immediately upon demand. b. If the unpaid balance of the Contract Price exceeds the Owner's costs, expenses, and damages incurred as a result of Contractor's termination for Cause, including but not limited to costs for replacement contractors to complete/correct the Work, acceleration or overtime costs, additional design professional costs, and Owner's attorney's fees and costs, then the Owner will pay the Contractor for the Work Contractor properly performed prior to the termination date, which was being withheld due to the termination for Cause. c. Except as provided in this Section, Contractor waives any right it may have to seek any type of damages from Owner in connection with a termination for Cause, including but not limited to direct damages, indirect damages, special damages or consequential damages including, but not limited to, loss of bonding capacity, loss of bidding opportunities, loss of business, loss of profits or revenue, loss of productivity, or loss of opportunity. d. In the event a court of competent jurisdiction determines Owner's termination for Cause was wrongful, then the termination shall be deemed as a termination for convenience. 7.3 Assignment. If Owner terminates Contractor, then, upon written demand by Owner, Contractor shall assign its subcontracts with Subcontractors and its supply orders to Owner. 7.4 Dispute Resolution. To terminate Contractor under this Contract, Owner is not required to provide a Notice of Claim or pursue non -binding mediation, as specified in the Dispute Resolution Section. 7.5 Suspension by the Owner for Convenience. At any time, the Owner may, without Cause, suspend Contractor's performance of the Work. The Contract Time and Contract Price shall be equitably adjusted for the delays occurring as a result of a suspension under this Section. 7.6 Cooperation. In the event the Owner terminates the Contractor under Article 7, Contractor shall cooperate with Owner and take any actions necessary to transfer the construction permit and instate a new general contractor for the Project. INSURANCE. BONDS. INDEMNITY. AND DAMAGES 8.1 Insurance. Prior to the commencement of the Work, Contractor and all Subcontractors shall obtain and maintain, at their sole cost and expense, the insurance specified in Section 00618. All insurance companies shall be authorized to issue insurance in Florida and shall have an A. M. Best Company rating of not less than A-, VII. Contractor and all Subcontractors shall maintain this insurance until the expiration of the period for correction of the Work. All insurance policies shall be written on a per occurrence basis. Self - insured retentions are not permitted. The insurance policies shall not be cancelled, or coverage reduced without at least thirty (30) days' notice to Owner. 8.2 Commercial General Liability Insurance. The commercial general liability coverage shall be broad form coverage and shall apply to both ongoing and completed operations of Contractor. Contractor's commercial general liability coverage shall include coverage for: a. damages because of bodily injury, sickness or disease, personal injury, death and advertising injury arising out of ongoing operations and completed operations; b. physical damages to or destruction of tangible property including loss of use of such property; and C. Contractor's indemnity obligations specified herein. The commercial general liability coverage shall not include any endorsement or limitation that removes or modifies the standard subcontractor exception to the damage to your work exclusion (including but not limited to ISO Form CG 22 94). The commercial general liability coverage shall not include an endorsement or limitation of coverage for: (1) damages arising out of the products -completed operations where the damages arise from Work performed by a Subcontractor; or (2) damages arising from Contractor's indemnity obligations under this Contract. 8.3 Certificate of Insurance. Within seven (7) days of the Effective Date of this Contract, Contractor shall 15 furnish to Owner certificates of insurance evidencing the coverage required under this Section and a statement providing that such insurance shall not be cancelled, or coverage reduced without at least thirty (30) days' notice to Owner. Contractor shall ensure the certificate of insurance contains an endorsement naming Owner as an additional insured with respect to all lines of insurance, except for workers' compensation insurance. No later than thirty (30) days prior to commencement of the Work, Contractor shall fumish to Owner a certificate of insurance for each Subcontractor, conforming in all respects to the requirements in this Section. 8.4 Failure to Maintain Insurance. Contractor's failure to obtain and maintain the insurance required by this Section shall constitute a material breach of the Contract. In the event Contractor fails to maintain the insurance required by this Section, Owner, at its sole discretion, may terminate Contractor for Cause. 8.5 Additional Insured. Contractor and all Subcontractors shall cause all of their insurance policies, except worker's compensation coverage, to include Owner as an additional insured. The additional insured coverage shall be at least as broad as the insurance available to the named insured. The additional insured coverage shall be primary and non-contributory to any of Owner's insurance policies and shall apply to both ongoing and completed operations. 8.6 Waiver of Subrogation. Contractor, on behalf of itself and its insurers, does hereby waive all rights of subrogation it may have against Owner. 8.7 Builder's Risk Insurance. Prior to the commencement of the Work, Contractor shall obtain builder's risk insurance coverage sufficient to cover the total value of the Project on a replacement cost basis. The builder's risk insurance policy shall provide coverage for direct physical loss or damage and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The builder's risk insurance coverage shall be no less than the amount of the initial Contract Price plus the value of any adjustments to the Contract Price throughout the Project. 8.8 Indemnity. To the fullest extent permitted by applicable Laws, Contractor shall indemnify and hold harmless Owner, its officers and its employees, (collectively "Indemnitees") from and against liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees (collectively "Indemnity Claims"), regardless of whether or not such Indemnity Claim is insured, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor, a Subcontractor, or any other entity utilized by Contractor or a Subcontractor. The indemnification obligations hereunder shall survive termination of this Contract. Contractor and Owner acknowledge and agree that the foregoing indemnity obligations comply in all respects to the requirements of Section 725.06, Florida Statutes and both Parties agree that neither Party shall challenge the Contractor's indemnification obligations on the grounds that the terms of Section 725.06, Florida Statutes, have not been satisfied. 8.9 Payment and Performance Bonds. Contractor shall furnish payment and performance bonds covering faithful performance of the Contract and payment of obligations arising thereunder and the bonds shall be in the modified AIA forms attached as Exhibit D. Bonds should be obtained from a surety that is: (1) authorized to do business in Florida; (2) has been in business in Florida with a record of successful continuous operations for at least five (5) years; and (3) at least A.M. Best Company Financial Strength Rating of A- and Financial Size Category of Class X1. The cost of the bonds shall be included in the Contract Price. The amount of each bond shall be equal to one hundred percent (100%) of the Contract Price. The bonds shall comply with Section 255.05, Florida Statutes, however, "conditional" payment bonds shall not be acceptable. Proper Power of Attorney shall accompany said bonds. Bonds shall be delivered to the Owner. Contractor shall record the bonds in the public records of the County where the Project is located. No Work shall commence on the Project until copies of the bonds are recorded and certified copies thereof are posted at the Project site. Bond costs shall be charged to Owner at actual cost with no markup. 8.10 Safety of Persons and Property. Contractor shall take all reasonable safety precautions to prevent damage, vandalism, theft, injury and loss to: a. all persons at the Project site including but not limited to Contractor's employees; b. Contractor's Work and the work, materials and equipment of any other contractors or subcontractors, including but not limited to materials and equipment in storage on or off of the Project site, under the care, custody, or control of Contractor or any Subcontractor; and 16 C. other property at the Project site or adjacent to Contractor's Work. 8.11 Consequential Damages. Contractor waives any claim it may have against Owner for consequential damages, incidental damages, indirect damages, or special damages including, but not limited to, rental expenses, additional principal office expenses, loss of bonding capacity, loss of bidding opportunities, loss of business, profits, income, or revenue, loss of productivity, loss of opportunity, loss of use, loss of financing, loss of overhead, or reputational damages. Owner shall not assume any liability for the acts, omissions, or negligence of Contractor, its agents, employees, or Subcontractors. In all instances, Contractor shall be responsible for any damages, including injury or property damage, resulting from any activities conducted by Contractor, its agents, employees, and Subcontractors. 9. SITE CONDITIONS AND HAZARDOUS MATERIALS 9.1 If the Contractor discovers conditions at the site that differ materially from those indicated in the Contract Documents, the Contractor shall provide written notice to the Owner within three (3) days of the discovery. The Owner and Design Professional will promptly investigate such conditions and, if the Design Professional determines that the conditions differ materially from the Contract Documents, then the Design Professional will recommend an adjustment to the Contract Price and/or the Contract Time accordingly. If the Design Professional determines that the conditions are not materially different from those depicted in the Contract Documents and that no change to the Contract Price or Contract Time is justified, the Design Professional shall promptly notify the Owner and Contractor. If either party disputes the Design Professional's conclusion, that party may submit a Notice of Claim as provided in the Dispute Resolution Section. 9.2 If the Contractor discovers human remains, hazardous materials, archaeological remains, or wetlands not depicted in the Contract Documents, Contractor shall immediately: (1) suspend Work in the affected area and (2) notify the Owner and Design Professional in writing. Contractor shall not perform Work in the affected area until Owner authorizes such activities to continue. Contractor shall continue to perform Work in the unaffected areas of the Project. Design Professional shall determine whether, and to what extent, an adjustment to the Contract Price and/or Contract Time is appropriate. 9.3 The Owner shall not be responsible for hazardous materials that Contractor brings to the Project unless such materials are required by the Contract Documents. Contractor shall be responsible for the proper handling, storage, and disposal of all hazardous materials and all costs associated therewith shall be included in the Contract Price. Contractor shall reimburse Owner for any costs or expenses Owner incurs as a result of Contractor's negligent or improper handling, storage, or disposal of hazardous substances. 10. DISPUTE RESOLUTION 10.1 In the event a dispute arises between Owner and Contractor regarding the terms and obligations of this Contract, then it shall be resolved as follows: a. The Party asserting a dispute exists shall deliver written notice to the other Party and shall describe the nature of the purported dispute ("Notice of Claim"). Within seven (7) days of receipt of the Notice of Claim, a senior officer of Contractor and a representative of Owner shall meet in person to attempt to resolve the dispute described in the Notice of Claim. b. If the matter is not resolved within fourteen (14) days of receipt of the Notice of Claim, then either Party may request non -binding mediation in writing, delivered to other Party at the designated address specified in Section 11.9. Both Parties acknowledge and agree that non -binding mediation is a condition precedent to initiation of litigation. Owner and Contractor shall mutually agree on a mediator to conduct the mediation. The mediation shall be conducted in the county where the Project is located, unless the Parties agree to conduct it in a different location. The Parties shall share the mediator's fee equally. All communications related to mediation or disclosed during the mediation shall be kept confidential and shall not be admissible in any subsequent proceeding. 17 c. In the event non -binding mediation is unsuccessful, the method of dispute resolution shall be litigation in the courts of Florida and venue shall be in Seminole County. For avoidance of doubt, Owner does not consent to arbitration of any matter related to this Contract. EACH PARTY KNOWINGLY, VOLUNTARILY, AND WILLINGLY WAIVES ITS RIGHT TO SEEK A TRIAL BY JURY IN ANY PROCEEDINGS INITIATED UNDER THIS CONTRACT. 10.2 If a dispute arises regarding payment of a payment request or invoice, as contemplated by Section 218.76, Florida Statutes and the Local Government Prompt Payment Act, the Parties agree to engage in the dispute resolution process contemplated in Section 10.1, including furnishing a Notice of Claim, conducting an in - person meeting between the Parties, and conducting non -binding mediation before pursuing litigation. 11. MISCELLANEOUS 1 1. l Applicable Law. This Contract shall be governed by and construed in accordance with Florida law. 11.2 Severability. If any part of this Contract is found by court of competent jurisdiction to be void or unenforceable, all other provisions of this Contract, including the remaining portion of provision, shall nevertheless remain in full force and effect. 11.3 Integration. This Contract represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior understandings, correspondence, or agreements, written or oral, made between the Parties prior to the date of this Contract. 11.4 Assignment. No Party shall sell, assign, or in any way encumber or transfer its share of rights, obligations, and interests arising out of or connected with this Contract, or any part thereof, to any third party, including any affiliate or subsidiary, without first obtaining the written consent of the other Party, which consent shall not be unreasonably withheld. 1 l .5 Amendment. No change, amendment, or modification of this Contract shall be valid or binding upon the Parties unless such change, amendment or modification is made in writing and duly executed by both Parties. 11.6 Counterparts. This Contract may be executed in one or more counterparts. Any single counterpart or combination of counterparts executed by all Parties to this Contract will constitute a full, complete and binding Contract. Counterparts may be executed and delivered in original form, via electronic scan or PDF file type. 11.7 Electronic Signatures. The Parties agree that this Contract and any amendments may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 11.8 Headings. Article and section headings are for convenience and reference only and in no way define, limit, or alter the scope or intent of the Contract or its terms. 11.9 Designated Representatives. Owner and Contractor identify the following representatives that are authorized to act on that Party's behalf. As to the Owner: As to the Contractor: Chris Smith, Project Manager Alan Ruth, President 300 N Park Ave. Sanford FL, 32771 chris.smithiFe sari forddov l 1.10 Notices. All notices or other communications to any Party in connection with this Contract shall be delivered by certified mail to the following individuals at the addresses below. Any change to the addressees below shall be communicated in writing to the other Party. As to the Owner, As to the Contractor: Chris Smith, Project Manager Alan Ruth, President 300 N Park Ave. Sanford FL, 32771 18 cflr , _`ilk Jh iSir1f0rdfJ izoy 11.11 Owner's Authority. Owner shall be entitled to make any decision or approval required by this Contract to be made by Design Professional. Any decision of Owner shall supersede any decision of the Design Professional. Any time Contractor shall be required to notify or report to the Design Professional, such notice or report shall also be made to Owner. 11.12 Prohibition against Contingent Fees. 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 Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. 11.13 Preservation of Records and Documents. Contractor shall preserve all documents pertaining to the Project for five (5) years after Owner's final payment to Contractor. During such period of time, Contractor shall retain and maintain all records and make such records available as may be requested by Owner. Owner may, at any time and for any reason whatsoever, review, audit, copy, examine and investigate in any manner, any records of Contractor which include, but are not limited to, papers, books, documents, vouchers, bills, invoices, requests for payment, accounting records, and other supporting documentation. 11.14 Construing of this Contract. This Contract shall not be construed more strongly against any Party hereto regardless of who was responsible for its preparation. 11.15 Sovereign Immunity. Owner's limits of liability are set forth in Section 768.28, Florida Statutes, and nothing herein shall be construed to extend the liabilities of Owner beyond that provided in Section 768.28, Florida Statutes. Nothing herein is intended as a waiver of Owner's sovereign immunity under Section 768.28, Florida Statutes, or common law. Nothing herein shall inure to the benefit of any third party for any purpose, including but not limited to anything which might allow claims otherwise barred by sovereign immunity or operation of law. Furthermore, all of Owner's obligations under this Contract are limited to the payment of no more than the per person amount limitation and the aggregate contained in Section 768.28, Florida Statutes, even if the sovereign immunity limitations of that statute are not otherwise applicable to the matters as set forth herein. 11.16 No Notice of Commencement. Owner has elected not to require Notices of Commencement and Contractor shall not record a Notice of Commencement for this Project. 11.17 No Intended or Unintended Third -Party Beneficiaries. There are no intended or unintended third -party beneficiaries of this Contract, and no parties other than the Owner and the Contractor shall have the right to enforce this Contract. Contractor is and shall remain an independent contractor and not an employee or agent of Owner. This Contract shall not be construed as a teaming, joint venture or other such arrangement. Nothing in this Contract shall grant to either Party the right to make commitments of any kind for or on behalf of the other Party without the prior written consent of the other Party. 11.18 Discrimination Prohibited. Contractor shall not discriminate against any employee or applicant for employment because of race, gender, national origin, disability, or religion. Contractor shall take affirmative action to ensure that qualified applicants are employed if work is available, and that employees are treated during employment without regard to their race, gender, national origin, disability, or religion. Contractor agrees to post in places available to all employees and applicants for employment, notices setting forth the policies of nondiscrimination. 11.19 Harassment -Free Workplace. Contractor shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. Contractor shall insert a similar provision in accordance with this Section, in all subcontracts for this Project. 11.20 ADA. Contractor shall comply with the Americans with Disabilities Act for all Work to be performed by Contractor under this Contract. 11.21 Public Entity Crimes/Convicted Vendor List. Contractor affirms it has reviewed Section 287.133, Florida Statutes. Contractor acknowledges that Section 287.133(2)(a), Florida Statutes, prohibits a person (as defined by Section 287.133(1)(e), Florida Statutes) or affiliate (as defined by Section 287.133(1)(a), Florida Statutes) who has been placed on the convicted vendor list (as defined by Section 287.133(1)(c), Florida Statutes) following a conviction (as defined by Section 287.133(1)(b), Florida Statutes) for a public 19 entity crime (as defined by Section 287.133(1)(g), Florida Statutes) from submitting a bid, proposal, or reply on a contract with a public entity (as defined by Section 287.133(1)(f), Florida Statutes): (1) to provide any goods or services to the public entity; (2) for the construction or repair of a public building or public work; or (3) for leases of real property to a public entity. Contractor acknowledges that Section 287.133(2)(a), Florida Statutes, also provides a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded work or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. Contractor acknowledges that Section 287. l33(2)(a), Florida Statutes, also provides a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Contractor affirms that at no time has Contractor been convicted of a "public entity crime" or placed on the "convicted vendor list," as those phrases are defined in Section 287.133, Florida Statutes. Contractor agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in termination of this Agreement by Owner for cause. Contractor shall execute "Contractor's Certification as to Public Entity Crimes and Scrutinized Companies" attached as Exhibit E. 11.22 Scrutinized Companies List. Contractor affirms that it has reviewed Section 287.135, Florida Statutes. Contractor acknowledges that Section 287.135(2)(a) provides a company or other entity is ineligible to and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity (as defined by Section 287.135(1)(d), Florida Statutes) for goods or services of: (1) one hundred thousand dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing the contract, the company or other entity is on the Scrutinized Companies or Other Entities that Boycott Israel List, created pursuant to Section 218.4725, Florida Statutes, or is engaged in a boycott of Israel as defined by Section 218.4725, Florida Statutes; or (2) one million dollars or more, if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company or other entity is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria, as defined by Section 287.135(c), Florida Statutes. Contractor affirms that: (1) it is not on Scrutinized Companies or Other Entities that Boycott Israel List; (2) it is not engaged in a boycott of Israel; (3) it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List; and (4) it is not engaged in business operations in Cuba or Syria. Pursuant to Section 287.135(3)(a), Florida Statutes, if this Agreement is for goods or services of one million dollars or more, then Owner may terminate this Agreement for cause if: (1) the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes; (2) Contractor is placed on the Scrutinized Companies with Activities in Sudan List; (3) Contractor has been engaged in business operations in Cuba or Syria; or (4) Contractor has been placed on a list created pursuant to Section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran. Pursuant to Section 287.135(3)(b), Florida Statutes, Owner may terminate this Agreement for cause if Contractor is found to have been placed on the Scrutinized Companies or Other Entities that Boycott Israel List or is engaged in a boycott of Israel. Contractor shall execute "Contractor's Certification as to Public Entity Crimes and Scrutinized Companies" attached as Exhibit E. 11.23 No Human Trafficking. Contractor affirms that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. Under penalty of perjury, Contractor shall execute and deliver the Nongovernmental Entity Human Trafficking Affidavit attached as Exhibit F. 11.24 Unauthorized Aliens. Contractor shall not employ unauthorized aliens, as defined in Section 274A(e) of the Immigration and Nationalization Act. Contractor shall ensure Subcontractors do not employ unauthorized aliens, as defined by Section 274A(e) of the Immigration and Nationalization Act. The employment by Contractor or any of its Subcontractors of unauthorized aliens, as described by Section 274A(e) of the Immigration and Nationalization Act, shall be grounds for termination of this Contract for Cause. 20 1 l .25 E-Verity. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Florida Statutes, Contractor and its Subcontractors shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all employees. a. Contractor shall expressly require any Subcontractors to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all employees. b. If Contractor enters into a contract with a Subcontractor, the Subcontractor must provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with any unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. c. If Owner, Contractor, or a Subcontractor has a good faith belief that a person or an entity with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes, then that party shall terminate the contract with the person or entity. d. If Owner has a good faith belief that a Subcontractor of Contractor knowingly violated Section 448.09(l ), Florida Statutes, or Section 448.095, Florida Statutes, but the Contractor otherwise complied, then Owner shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the Subcontractor. e. A Contract terminated under Section 448.095, Florida Statutes, is not a breach of contract and may not be considered as such. If Owner terminates this Contract due to Contractor's failure to comply with Section 448.095, Florida Statutes, then Contractor may not be awarded a public contract for at least I year after the date on which the contract was terminated. Contractor acknowledges that Contractor is liable for any additional costs incurred by Owner as a result of the termination of a Contract due to failure to comply with this Section. f. Contractor shall insert the clauses set forth in this section in all contracts with Subcontractors. Contractor shall be responsible for ensuring Subcontractors or lower -tiered subcontractors comply with the provisions of this Section. g. The Department of Homeland Security's E-Verify system can be found at: }rr�l_��;1��1t ll"�.�� �,('�'.'C11�i,➢'1y 27C :.���_1C�I�I"�i �l.df"r 11.26 Public Records. To the extent Contractor is acting on behalf of Owner as provided under Section 119.01 l(2), Florida Statutes, Contractor shall comply with all public records laws, specifically: a. Keep and maintain public records required by Owner to perform the services under this Contract. b. Upon request from Owner's custodian of public records, provide Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 of the Florida Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of this Contract if the Contractor does not transfer the records to Owner. d. Upon completion of this Contract, transfer, at no cost, to Owner all public records in possession of Contractor or keep and maintain public records required by Owner to perform the service. If the Contractor transfers all public records to Owner upon completion of this Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of this Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Owner, upon request from Owner's custodian of public records, in a format that is compatible with the information technology systems of Owner IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING 21 TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, MMC, FCRNI, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, TRACLHOUCHIN(4!SaNFORD FL.GOV. If the Contractor fails to provide the public records to Owner within a reasonable time the Contractor may be subject to penalties under Section 1 19.10, Florida Statutes. Further, if Contractor fails to comply with the public records laws, Owner may exercise any remedies at law or in equity, including, without limitation, the right to (i) impose sanctions and assess financial consequences, (ii) withhold and/or reduce payment, and (iii) terminate this Contract for Cause in accordance with the terms hereof. Contractor shall defend, at its own cost, indemnify, and hold harmless Owner, its officers, directors, and employees from and against all claims, damages, losses, and expenses, (including but not limited to fees and charges of attorneys or other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from Contractor's failure to comply with the terms of this Section. 11.27 Interests of Foreign Countries. Contractor affirms it has reviewed Section 287.138, Florida Statutes. Contractor acknowledges that Section 287.138(2), Florida Statutes, provides a governmental entity (as defined by Section 287.138(1)(d), Florida Statutes) may not knowingly enter into a contract with an entity which would give access to an individual's personal identifying information (as defined by Florida Administrative Code 60A-1.020(2)(a)) if. (1) the entity is owned by a government of a foreign country of concern (as defined by Section 287.138(1)(c), Florida Statutes); (b) the government of a foreign country of concern has a controlling interest (as defined by Section 287.138(I)(a), Florida Statutes) in the entity; or (c) the entity is organized under the laws of or has its principal place of business (as defined by Florida Administrative Code 60A-1.020(2)(a)) in a foreign country of concern. In compliance with Section 287.138(4)(b), Florida Statutes, Contractor shall provide the Owner with an affidavit, attached hereto as Exhibit G, signed by an officer or representative under penalty of perjury attesting that (a) the Contractor is not owned by the government of a foreign country of concern; (b) the government of a foreign country of concern does not have a controlling interest in the Contractor, and (c) the Contractor is not organized under the laws of, or has its principal place of business in a foreign country of concern. 11.28 US Produced Steel. Pursuant to Section 255.0993, Florida Statutes, Contractor confirms that any iron or steel products permanently incorporated into the Project (as defined by the Statute) shall be produced in the United States. 11.29 Prohibition Against SPI. Contractor confirms that Owner did not and has not considered any social, political, or ideological interests of Contractor nor given any preference to Contractor based upon such factors and that Contractor has been notified of the provisions of Section 287.05701, Florida Statutes, that prohibit such considerations in awarding this Contract. 11.30 Conflict of Interest. Contractor shall not engage in any action that would create a conflict of interest with any Owner employee. Contractor shall immediately report any potential conflicts of interest to Owner. 11.31 Appropriated Funds. All activities under or pursuant to this Contract are subject to the availability of appropriated funds. This Contract shall only be effective to the extent Owner is approved for and receives sufficient funding. In the event Owner is not able to secure sufficient funding for the Project or any part thereof, Owner is entitled to terminate the Agreement for convenience. 11.32 No Lobbying. Contractor shal l not use any funds received pursuant to this Contract for lobbying the Florida Legislature, the judicial branch, or any state agency. 11.33 No Individual Liability. No covenant or agreement contained in this Contract shall be deemed to be the covenant or agreement of any individual officer, agent, employee, or representative of the Owner, in his or her individual capacity, and none of such persons shall be subject to any personal liability or accountability by reason of the execution of this Contract, whether by virtue of any constitution, statute, or rule of law, or by the enforcement of any assessment or penalty, or otherwise. Further, Contractor waives and releases any and all claims of any kind against the individual officers, agents, employees, and representatives of the Owner. 11.34 Ownership of Project Documents. Contractor shall require language in each of its subcontractors 22 contracts providing for Owner's ownership of all Project Documents. 11.35 Prohibited Gratuities. Contractor shall not offer or give a gratuity (e.g., an entertainment or gift) to any officer, official, or employee of the Owner. 11.36 Cumulative Remedies. Owner's rights and remedies under this Contract, or as otherwise available at law or equity, shall be cumulative and non-exclusive. Owner's exercise or failure to exercise any right or remedy shall not constitute a waiver with respect to any other right or remedy. 11.37 Authority. Contractor represents to Owner that it has the legal authority to enter into this Contract and that the signatory to this Contract is legally authorized to bind the Contractor to the terms of this Contract. 11.38 Criminal Background Check. Contractor agrees to comply with the provisions of "Instructions on Criminal Background Check Form" attached hereto as Exhibit H and shall execute Exhibit H concurrently with the execution of this Contract. 11.39 Employee List. Within forty-eight (48) hours of Owner's request, Contractor will provide to Owner a list of all individuals working on the Project, the days and times each employee will be working, and the employee's assignment. Additionally, if requested by Owner, Contractor shall provide the individuals' social security numbers, addresses, and driver's license number. If an individual refuses to provide such information to Owner, Owner may remove the individual from the Project. 11.40 Chapter 558 Waiver. The provisions of Florida Statute Chapter 558 are waived by both parties and shall not be applicable to this Agreement IN WITNESS WHEREOF, the Parties hereto have executed this Contract and deemed it effective as of the Effective Date. [Signatures on Following Page] 23 P me (Alan Ruth) Title i � LiJ�o � zOLY Date ATTORNEY Q&ay N. Game N:..eir.., P, lr1a.--STI Signature Lindsay N. Greene Printed Name (Lindsay N. Greene) 01/01/2026 Date :ITY MAYOR ...... 2026 signature Art Woodruff Tinted Name (Art Woodruff) 01/01/2026 24 TNESS r P Cc Us6.� L 1I3o (zozs- I/ Date PURCHASING MANAGER -yr Signature MARISOL ORDONEZ Printed Name (Marisol Ordonez) 12/01/2026 Date CITY CLERK Traci, fiou lun Signature Traci Houchin Printed Name (Traci Houchin) 05/01/2026 Date Exhibit A Drawings and Specifications 25 Exhibit B Waiver and Release Forms 26 CONTRACTOR'S WAIVER AND RELEASE UPON PROGRESS PAYMENT STATE OF COUNTY OF Before me, personally appeared, the undersigned, who, after being first duly sworn, deposes and says of his or her personal knowledge: 1. The undersigned is the of S.A. Casey Construction, Inc. ("Contractor"), which is the Contractor for the project owned by the City of Sanford, Florida ("Owner") located at: FT. Mellon Park Improvements ("Project"). 2. In consideration of the partial payment of $ Contractor hereby certifies that all persons, including subcontractors, suppliers, materialmen, and laborers, who furnished labor, services, or materials for the Project and any other costs, char es, or expenses for labor, services, or materials for the Project have been paid in full through 2020; and Contractor hereby unconditionally waives and i eases all ri hts to any claims for labor, services, or materials furnished for the Project through 2020, including but not limited to the right to claim against the payment bond for the Proj ect. 3. Contractor agrees to indemnify and hold Owner harmless from all demands or suits, actions, claims of liens, payment bond claims, or other charges filed or asserted against Owner arising out of or related to the Work covered by this Waiver and Release. 4. This Waiver and Release does not cover any retainage or labor, services, or materials furnished after the date specified. CONTRACTOR By: Signature Printed Name & Title Contractor Name The foregoing instrument was sworn to and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 1 202_, by , as of who is [AFFIX NOTARY SEAL] as identification. personally known to me, or produced Notary Public Signature Print Notary Name:_ My commission expires: 27 CONTRACTOR'S FINAL PAYMENT AFFIDAVIT STATE OF COUNTY OF Before me, personally appeared, the undersigned, who, after being first duly sworn, deposes and says of his or her personal knowledge: The undersigned is the of S.A. Casey Construction, Inc. ("Contractor") for the project owned by the City of Sanford, Florida ("Owner") located at: FT. Mellon Park Improvements ("Project"). All Work to be performed under the Construction Contract between Owner and Contractor for the Project has been fully completed. In consideration of the final payment of $ Contractor hereby certifies that all persons, including subcontractors, suppliers, materialmen, and laborers, who furnished labor, services, or materials for the Project and any other costs, charges, or expenses for labor, services, or materials for the Project have been paid in full; and Contractor hereby unconditionally waives and releases all rights to any claims for labor, services, or materials furnished for the Project, including but not limited to the right to claim against the payment bond for the Project. Contractor agrees to indemnify and hold Owner harmless from all demands or suits, actions, claims of liens, payment bond claims, or other charges filed or asserted against Owner arising out of or related to the Work covered by this Final Payment Affidavit. CONTRACTOR By: Signature Printed Name & Title Contractor Name The foregoing instrument was sworn to and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 1 202_, by I as of [AFFIX NOTARY SEAL] who is personally known to me, or produced as identification. Notary Public Signature Print Notary Name:_ My commission expires: 28 Exhibit C Section 00618 Insurance Requirements 29 SACASEY-01 PWFBSTER A�ORO CERTIFICATE OF LIABILITY INSURANCE I DATE (MWDDIYYYY ) 2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IC g�EACT Hub International Florida PHONE FAX 1560 Orange Avenue (A/C, No, Ext): (407) 894-5431 (A/c, No):(407) 629-6378 E-MAIL Suite 750 ADDRESS! Winter Park, FL 32789 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Comoanv 20508 INSURED INSURER B:The Continental Insurance Comoanv 35289 S.A. Casey Construction, Inc. INSURER C: Columbia Casualty ComDanv 31127 2822 Commerce Park Drive, #400 INSURER D : Orlando, FL 32819 INSURER E COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iLTR TYPE OF INSURANCE ANso w Bp POLICY NUMBER iMM oMYYYY1 �MM,00�t LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Contractual X �( 8018746693 4/4/2025 4/4/2026 EACH OCCURRENCE S 1,000,000 DRM(AGETO RENTED rrrence s 100,000 X MED EXP Any oneperson) S 15,000 PERSONAL 8 ADV INJURY S 1'000'000 _ GEN'L AGGREGATE LIMIT APPLIES PER POLICY a JECT LOC X OTHER: Property Ded. 1,000 GENERAL AGGREGATE is 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 is B AUTOMOBILE LIABILITY X ANY AUTO X OWNED SCHEDULED AUTOS ONLY _ AUTOOpSWN AUTO ONLY A�TOS ONL� X Comp Ded. $1,01 X Colin Ded. $1,000 X 18018746662 j 4/4/2025 4/4/2026 (CEOMaBIINtlEDtSINGLE LIMIT $ 1,000,000 S BODILY IN..uRY (Peroerson) BOODILY INJUpRY /Peraccidentl S PPerOacGtlent) AMAGE S - $ B X UMBRELLA LIAB HX EXCESS uAB OCCUR CLAIMS -MADE X X 8018746676 4/4/2025 4/4/2026 EACH OCCURRENCE S 5'000,000 AGGREGATE is 5,000,600 DED I X I RETENTION $ 10,000 S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE N pFFICERMIEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X 6018746709 4/4/2025 4/4/2026 OT X SPTAERT T I 1ERH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 A Inland Marine/ACV C Polln/Prof - $1 k Ded X X 8018746693 4/4/2025 4/4/2026 CZB 6024584898 4/4/2025 4/4/2026 $1 k Ded. / Blanket Occr & Agg - each 85,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Sanford is included as an Additional Insured & both Primary & Non-contributory terms apply for General Liability (including completed/ongoing operations), Pollution Liability & Auto Liability, & Waiver of Subrogation applies for General Liability, Pollution Liability, Auto Liability, & Workers' Compensation, when required in a written contract or agreement with the Insured, per the terns & conditions of the policies endorsements. Umbrella/Excess coverage is subject to (follows) the terms & conditions of the underlying General Liability, Auto Liability, & Employers' Liability policy endorsements. The City of Sanford 300 N Park Ave. Sanford, FL 32771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE OYA ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ALEWETZKI AFRO DATE IMM/DD/YYYY) EVIDENCE OF PROPERTY INSURANCE 1ZI30/2025 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY IPNONE 407 894-5431 COMPANY (A/C, No, Eat): ( ) Hub International Florida American Zurich Insurance Company 1560 Orange Avenue Suite 750 Winter Park, FL 32789 629-6378 "CUSTOMER ID #: SACASEY-01 _ INSURED S.A. Casey Construction, Inc. LOAN NUMBER POLICY NUMBER 2822 Commerce Park Drive �EC79510114 (REPORTING) Suite 400 Orlando, FL 32819 EFFECTIVE DATE EXPIRATION DATE 8/15/2025 8/15/2026 F7 CONTINUED UNTIL TERM NATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED I I BASIC BROAD i X I SPECIAL COVERAGE / PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE Property while at the "project site" $10,000,000 5,000 Property while at any location on a temporary basis $250,000 5,000 Property while in transit $250,000 5,000 For all Covered Property $15,000,000 5,000 1% Windstorm or Hail Deductible (Masonry Non-combustible/Fire Resistive) - subject to minimum 25,000 3% Windstorm or Hail Deductible (Non-com bustible/F ram e/Joisted Masonry) - subject to minimum 25,000 REMARKS (including Special (;onaivons) Special Conditions: Builders Risk Coverage Reporting Form CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAME AND ADDRESS City of Sanford 530 E. First Street Sanford, FL 32771 ADDITIONAL INSURED MORTGAGEE LOAN # AUTHORIZED REPRESENTATIVE aci-x LENDER'S LOSS PAYABLE L. J LOSS PAYEE ACORD 27 (2016/03) ©1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Insured Endorsement ZURICH' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: BUILDERS RISK AND INSTALLATION COVERAGE FORM When required by a written or oral contract, all owners; contractors and subcontractors of every tier; manufacturers; suppliers; architects and engineers are insured for their interest in the Covered Property while that Covered Property is at the "project site". All other terms, conditions, provisions and exclusions of this policy remain the same. 960026(04-09) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Exhibit D Required Bond Forms 30 Exhibit E Contractor's Affidavit as to Public Entity Crimes and Scrutinized Companies 31 City of Sanford I Finance Department I Purchasing Division Solicitation 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Number: Ciir of Phone: 407-688-5028 or 5030 Fax: 407-688-5021 � SANFURD i [Fs 25n6-04 rMANCEMPARTMENT INVITATION TO BID (IFB) Due Date: ONETIME CONTRACT November 25, 2025 TITLE: FORT MELLON PARK IMPROVEMENTS 5ection 00435 Florida Public Entity Crimes Statement SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES: THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. A. This sworn statement is submitted with Bid, or Contract Number IFB 25/26-04 Fort Mellon Park Improvements B. This sworn statement is submitted by S. A. Casey Construct ion whose business address is [Name ofentity submitting sworn statement] 2822 Commerce Park Dr., Suite 400. Orlando, FL 32819 Employer Identification Number (FEIN) is 22-3921381 Number of the individual signing this sworn statement: and (if applicable) it's Federal (If the entity has no FEIN, include the Social Security C. My name is tan Casey and my relationship to the above is Vice President [Please print name of individual signinel D. I understand that a "public entity crime" as defined in section 287.133(I)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. E. I understand that "convicted" or "conviction" as defined in section 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contenders. F. I understand that "affiliate" as defined in section 287.1330) (a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime; or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. G. I understand that a "person" as defined in section 287.133(I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. H. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate with a check mark (✓) which statement applies). x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who is active in the management of the entity, nor any affiliate of the entity have been convicted of a public entity crime subsequent to July 1, 1989. City of Sanford I Finance Department I Purchasing Division JO1 iumf1a 300 N. Park Avenue Suite 236, Sanford, Florida 32771 munillmr: u,r of - w 'SAANFORD Phone: 407- 68-5028 o r 05D f Fax :407- 63-5021 LFB 25/26-04 E DEPARTKIFNTINVITATION TO BID (IFB) Date: ONE TIME CONTRACT November 25, 2025 TITLE: FORT MELLON PARK IMPROVEMENTS The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies]. _ There has been a proceeding concerning the conviction before a judge or hearing officer of the State of Florida, Division of Administrative Hearings, or a court of law having proper jurisdiction. The final order entered by the hearing officer or judge did not place the person or affiliate on the convicted contractor list. [Please attach a copy of the final order.] _ The person or affiliate was placed on the convicted contractor list. There has been a subsequent proceeding before a court of law having proper jurisdiction or a judge or hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the judge or hearing officer determined that is was in the public interest to remove the person or affiliate from the convicted contractor list. [Please attach a copy of the final order.] _ The person or affiliate has not been placed on any convicted vendor list. [Please describe any action taken by or pending with the State of Florida, Department of Management Services.] By the signature(s) below, 1/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided in Section 00436, Public Enti ripl"- tetnent, is truthful and correct at the time of submission. AFFIANT SIGNATURE Ian Casey Typed Name of AFFIANT Vice President Title STATE OF FLORIDA COUNTY OF orange HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Ian Casey ¢ ) who is personally known to me or { } who produced as identification and acknowledged before me that s/he executed the same. Sworn and subscribed before me, by Ian Casey by means of t } physical presence or { } online notarization on the 1st day of December 2025, the said person did take an oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and allegations contained herein are true and correct. WITNESS my hand and official seal in the County and State last aforesaid this 1st day of December 2025, HEATHER JoHNSToN Notary Public (Notary Public in and for the County and State Aforementioned) State of Florida CortxrIN HMS00364 ""P'r s 3 iASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE OF'Failure to submit this form may be grounds for disqualification of your submittal'o Exhibit E Contractor's Affidavit as to Publi n ' y Crimes and Scrutinized Companies I, �V�Nti am the L�i� of S.A. Case Construction, - --- y Inc. ("Contractor") and I certify that I am duly authorized to bind Contractor to the statements herein: Public Entity Crimes/Convicted Vendor List. I affirm that I have reviewed Section 287.133, Florida Statutes, and I acknowledge that Section 287.133(2)(a), Florida Statutes, prohibits a person (as defined by Section 287.133(1)(e), Florida Statutes) or affiliate (as defined by Section 287.133(I)(a), Florida Statutes) who has been placed on the convicted vendor list (as defined by Section 287.133(1)(c), Florida Statutes) following a conviction (as defined by Section 287.133(1)(b), Florida Statutes) for a public entity crime (as defined by Section 287.133(1)(g), Florida Statutes) from submitting a bid, proposal, or reply on a contract with a public entity (as defined by Section 287.133(I)(f), Florida Statutes): (1) to provide any goods or services to the public entity; (2) for the construction or repair of a public building or public work; or (3) for leases of real property to a public entity. Contractor acknowledges that Section 287.133(2)(a), Florida Statutes, also provides a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded work or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. Contractor acknowledges that Section 287.133(2)(a), Florida Statutes, also provides a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 2. Scrutinized Companies. I affirm that I have reviewed Section 287.135, Florida Statutes and I acknowledge that Section 287.135(2)(a) provides a company or other entity is ineligible to and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity (as defined by Section 287.135(I )(d), Florida Statutes) for goods or services of: (1) one hundred thousand dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing the contract, the company or other entity is on the Scrutinized Companies or Other Entities that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel (as defined by Section 215.4725, Florida Statutes); or (2) one million dollars or more, if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company or other entity is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria, as defined by Section 287.135(c), Florida Statutes. Certification Regarding Public Entity Crimes and Scrutinized Companies. On behalf of Contractor, I do hereby certify that neither I, Contractor, nor any person or affiliate of Contractor has been convicted of a public entity crime or placed on the convicted vendor list, as those terms are defined in Section 287.133, Florida Statutes, and that Contractor is authorized to contract with the Owner. I further certify that: (1) if this Agreement is for one hundred thousand dollars or more, that Contractor is not on Scrutinized Companies or Other Entities that Boycott Israel List and is not engaged in a boycott of Israel, and (2) if the Agreement is for one million dollars or more, that Contractor is not on the Scrutinized Companies with Activities in Sudan List created pursuant to Section 215.473, Florida Statutes, the Scrutinized Companies with Activities in Iran Terrorism Sectors List created pursuant to Section 215.473, Florida Statutes, and is not engaged in business operations in Cuba or Syria, as defined by Section 287.135(c), Florida Statutes. 32 R��,. Printed Name f1m,41C.61 0..,.4- Title Contractor Name STATE OF FLORIDA COUNTY OF L VQ12L1,e The foregoing instrument was sworn to a . d subscribed before me by means of physicaipresence or ❑ online notarization, this �,, day of 202's, by Atm r+ a+h as of S, (jg;x:,!_Ij who is personally known to me, or produced as identification. [AFFIX NOTARY SEAL] HEATHER JOMSTON Notary Public _ State of Florida CommN MM500364 • Expires 3/6/2028 Notary Public Signature Print Notary Name: tLtk)l G-- lc `7 flSf7n My commission expires: 3 (.P 2o u- 33 Exhibit F Nongovernmental Entity Human Trafficking Affidavit 34 Nongovernmental Entity Human Trafficking Affidavit Section 787.06(13), Florida Statutes 1, the undersigned, am an officer or representative of S.A. Casey Construction, Inc. and attest that we do not use coercion for labor or services as defined in section 787.06, Florida Statutes. Under penalty of perjury, I hereby declare and affirm that the above stated facts are true and correct. S.A. Casey Construction, Inc. Print Name: *YVIW Print Title: STATE OF FLORIDA COUNTY OF �-r11IcIt The foregoing instrument was sworn to an subscribed before me by means of 4 physical resence or O online notarization, this day of _ 2�-- , 2025, by a t-1 , as pvPs�((hllf of S.A. Casey Construction, Inc. who is _ Qersonally_ known to me, or produced as identification. [AFFIX NOTARY SEAL] HEATHER JOHNSTON Notary Pubk _ State of Florida e Comm* HHSM364 Expires 3MO28 Notary Public Signat e ` Print Notary Name: 14 i '_1G'1ly]S�1'1 My commission expires: 35 Exhibit G Foreign Country of Concern Attestation 36 Foreign Country of Concern Attestation (PUR 1355) This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity access to an individual's Personal Identifying Information. Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C. S.A. Casey Construction, Inc. is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. PrintedP40" me:Title: me: Tit + Signature: 37 Date: IL1.5,61 &0,T, - Exhibit H Instructions on Criminal Background Check 38 \ CITY OF W S RM X S FORD FLORIDA Item No. `1 U CRY COMMISSION MEMORANDUM 25.279 DECEMBER 8, 2025, AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Owen Christopher, Planning Project Manager Craig M. Radzak, Assistant City Manager SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Resolution No. 2025-3431; Community Redevelopment Agency (CRA) Interlocal Procurement Delegation of Authority for Ft. Mellon Park Improvements SYNOPSIS: Requesting to approve Resolution No. 2025-3431 for Community Redevelopment Agency (CRA) Interlocal Procurement Delegation of Authority for Ft. Mellon Park Improvements the rankings of the Request for Qualification (RFQ) selection committee relating to RFQ 24/25-02. FISCAL/STAFFING STATEMENT: There is no fiscal impact currently. BACKGROUND: Staff issued a current joint bid project IFB 25/26-04 titled "Ft. Mellon Improvement" project in which a portion of the project is funded by the Community Redevelopment Agency (CRA). The requirement for the sun setting of the CRA requires that project funds must be encumbered by December 31, 2025 or certain financial burdens will apply. The bids are due on December 2, 2025 which shortly after must be reviewed, awarded, contract signed and a final Purchase Order must be issued. Staff, Purchasing and Finance has worked expeditiously to get the project designed permitted and out to bid. The prefabricated main pavilion unit has been ordered, and this project will provide the structural wrap of the amphitheater, associated sidewalks, and other amenities for a complete project. The resolution is required to meet or avoid any possible delays of timelines as there is no second meeting in December and thus allowing certain the CRA requirements to be met. Under this resolution, the authority is delegated to the City Manager and if invoked, Staff will brief the City Commission of the steps that were taken under this resolution at the next available commission meeting. It should be noted the City of Sanford has complied with all requirements and procedures of Florida law in processing this resolution; and must adhere to conditions to award bids, which may be inconsistent in one way or another with the normatively utilized Procurement Policy of the City when working with the CRA Interlocal so as to ensure that funds are encumbered within required time limitations LEGAL REVIEW: The City Attorney has reviewed this matter, prepared the resolution and had no legal objection. RECOMMENDATION: City staff recommends that the City Commission approve Resolution No. 2025-3431 for CRA Interlocal Procurement Delegation of Authority for Ft. Mellon Park Improvements. SUGGESTED MOTION: "I move to approve Resolution No. 2025-3431 for CRA Interlocal Procurement Delegation of Authority for Ft. Mellon Park Improvements. Attachments: (1) Resolution No. 2025-3431 IFB 25/26-04 SA Casey Construction Contract Final Audit Report 2026-01-12 Created: 2025-12-31 By: Robert Rios (Robert.Rios@sanfordfl.gov) Status: Signed Transaction ID: CBJCHBCAABAArmv2ZZ': QD7p04f88-i3SklosAT9sTbXA "IFB 25/26-04 SA Casey Construction Contract" History Document created by Robert Rios (Robert.Rios@sanfordfl.gov) 2025-12-31 - 6:24:00 PM GMT Document emailed to lindsay.greene@sanfordfl.gov for signature 2025-12-31 - 6:24:18 PM GMT Email viewed by lindsay.greene@sanfordfl.gov 2026-01-02 - 0:23:24 AM GMT Signer lindsay.greene@sanfordfl.gov entered name at signing as Lindsay N. Greene 2026-01-02-1:08:48 AM GMT L, Document e-signed by Lindsay N. Greene (lindsay.greene@sanfordfl.gov) Signature Date: 2026-01-02 - 1:08:50 AM GMT - Time Source: server - Document emailed to art.woodruff@sanfordfl.gov for signature 2026-01-02 - 1:08:53 AM GMT Email viewed by art.woodruff@sanfordfl.gov 2026-01-02 - 1:09:18 AM GMT Signer art.woodruff@sanfordfl.gov entered name at signing as Art Woodruff 2026-01-02 - 1:10:19 AM GMT Document e-signed by Art Woodruff (art.woodruff@sanfordfl.gov) Signature Date: 2026-01-02 - 1:10:21 AM GMT - Time Source: server Document emailed to Traci Houchin (traci.houchin@sanfordfl.gov) for signature 2026-01-02 - 1:10:24 AM GMT Email viewed by Traci Houchin (traci.houchin@sanfordfl.gov) 2026-01-05 - 3:55:41 PM GMT Q Adobe Acrobat Sign Document e-signed by Traci Houchin (traci.houchin@sanfordfl.gov) Signature Date: 2026-01-05 - 3:56:27 PM GMT - Time Source: server Document emailed to MARISOL ORDONEZ (marisol.ordonez@sanfordfl.gov) for signature 2026-01-05 - 3:56:29 PM GMT Email viewed by MARISOL ORDONEZ (marisol.ordonez@sanfordfl.gov) 2026-01-12 - 6:06:14 PM GMT Document e-signed by MARISOL ORDONEZ (marisol.ordonez@sanfordfl.gov) Signature Date: 2026-01-12 - 6:13:05 PM GMT - Time Source: server Agreement completed. 2026-01-12 - 6:13:05 PM GMT PJA Adobe Acrobat Sign