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1398 Gregori ConstructionI PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk /City Manager RE: Gregori Construction IFB 10 /11 -11 contract agreement 520 The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ® Mayor's signature ❑ Final Plat (original mylars) ❑ or F Letter of Credit Rendering ❑ Maintenance Bond ❑ Safe keeping (Vault) ❑ Ordinance / ❑ Performance Bond _ F Paymen on ❑ Resolution ❑ City Manager Signature ❑ ® City Clerk Signature Once completed, please: ❑ Return original ❑ Return copy El Special Instructions: Please execute agreement form 520 (contract) Please advise if you have any questions regarding the above r From / Z// /LF Thank you... �I P-7 1 c � 0 Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc I, I DOCUMENT APPROVAL Contract/Agreement Name: Agreement 520 with Gregori Construction & Engineering Inc., IFB 10 /11 -11 Ditch - Pump Branch Project PW0716 Approval: �& l I 6j� Finance 6irector Z 7 pl/ Pu Manager Date 0'-)0/1 Date L11 City ttorney Date -/ CG✓w� o �0 Z Q- P SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the day of by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida 32771 a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Gregori Construction and Engineering, Inc. whose principal and local address is 736 Ekastown Road, Sarver, PA 16055, hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. Contract Documents The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the Pump Branch Ditch Enclosure (IFB No. 10/11 -11). C. Contract Time The Contractor shall begin work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is 90 calendar days. The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any 00520 -1 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER 750 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one -fourth ( %) of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of Two Hundred Fifty Two Thousand Sixty Nine and 00/100 Dollars ($ 252,069.00 Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10 %, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure 00520 -2 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Engineer The Project has been designed by CPH Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions. Additional Terms and Conditions The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and /or service providers to provide the same goods and /or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and /or service providers for CITY projects. The CITY reserves the right to select which goods and /or services provider shall provide goods and /or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods /services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any 00520 -3 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and /or services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty -eight (48) hours of the CITY's written request for such information. This information will be reviewed, 00520 -4 NAME OF PROJECT: Pumo Branch Ditch Enclosure (IFB No. 10/11 -11) screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and /or work sites. d. The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning in a position critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: 1) Fingerprinting in accordance with the CITY's pre - employment procedures; 2) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. e. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and /or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City Commission to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and /or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or 00520 -5 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and /or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and /or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and /or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and /or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his /her designated representative, shall have the following responsibilities: 00520 -6 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Mr. Bilal Iftikhar, P.E. City Engineer / Acting Public Works Director City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and /or services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR 00520 -7 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the PurchaseMork Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 00520 -8 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and /or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and /or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and /or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and /or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or 00520 -9 NAME OF PROJECT: Puma Branch Ditch Enclosure (IFB No. 10/11 -11) provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. C. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. The CONTRACTOR shall submit a report to the CITY within twenty -four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the 00520 -10 NAME OF PROJECT: Puma Branch Ditch Enclosure GFB No. 10/11 -11) first PurchaseiWork Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working 00520 -11 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida 00520 -12 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and /or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and /or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or 00620 -13 NAME OF PROJECT: Pump Branch Ditch Endosure (IFB No. 10/11 -11) performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 00520 -14 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and /or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and /or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained 00520 -15 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 00520 -16 NAME OF PROJECT: Pumo Branch Ditch Enclosure (IFB No. 10/11 -11) 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. 00520 -17 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. C�rsgorl Constr� ct -ion CONTRACTOR: and Engine ering Inc. N of Fir - a� �- By (Signature) (SEAL) AWhVW AL GN90t1 Printed Name and Title ATTEST: By ig ture) Jv\'ce L. Ootervlakr-- �ssf Printed Name and Title OWNER: Name of Owmer By (Signat�� (SEAL) Jeff Tr' ett, Mayor Printed Name and Title AT S fK , /L.5` By ( Ignature) U Janet Dougherty, City Clerk Printed Name and Title END OF SECTION 00520 -18 NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) T .� PURCHASING DEPARTMENT T RANSMITTAL MEMORANDUM To: City Clerk /City Manager RE: Gregori Construction IFB 10/11 -11 Bid bonds (payment and performance) and notice of award forms. The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ ❑ Final Plat (original mylars) ❑ ❑ Letter of Credit ❑ ❑ Maintenance Bond ❑ Ordinance ❑ ❑ Performance Bond ❑ ❑ Resolution ❑ ❑ ❑ Once completed, please: ❑ Return original ❑ Return copy ❑ Special Instructions: Safe keeping Mayor's signature Recording Rendering Safe keeping (Vault) Payment Bond City Manager Signature City Clerk Signature Pleas advise if you have any questions regarding the above. r From Thank you... �/X/9, 0/ l Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc SECTION 00510 NOTICE OF AWARD FORM TO: Gregori Construction & Engineering, Inc. 4'; 1526 Fife Court Titusville, Florida 32796 a. 7" NAME OF PROJECT: Pump Branch Ditch Enclosure (IFB No. 10/11 -11) IQ! I` .� The OWNER has considered the BID submitted by you, dated May 26, 2011 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $252,069.00 You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this , ?_ I rt day of 7 2-&/( OWNER: City of Sanford (Name of OWNER) By (Signa e) Thomas J. George - Interim City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is h acknowledged by Gregori Construction & Engineering, Inc. this ZJ day of Nlz ' ?."U B Andrew M. Gregori - Vice President Printed Name and Title 00510 -1 SPECLIB058303 THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered Into a certain Agreement (including all associated contract documents relating thereto and as the Agreement may be amended from time -to -time) with the OWNER, dated the day of a copy of which may be hereto attached, but, in any event, is maintained in the records of the OWNER, said Agreement being hereby made 'a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of Puma Branch Ditch Enclosure IFB 10/11 -11 (Name of Project) (Contract No.) The Project is briefly described as: Construction of approximately 372 -ft of new 7'x7' concrete box culvert, ditch enclosure , and raylace existing 84° culvert along the Pump Branch drainage system between 5 St. and V St 00605.1 specu iW9 SECTION 00605 cam -f PERFORMANCE BOND Bond No. 2043711 KNOW ALL MEN BY THESE PRESENTS: that Gregori Construction and Engineering, Inc. (Name of CONTRACTOR) 736 Ekastown Road, Sarver, PA 16055 724- 353 -1322 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, ,Partnership or Individual) CONTRACTOR, and Great American Insurance Company (Name of SURETY) 103 Gamma Drive, Suite 150, Pittsburgh, PA 15238 412 - 963 -0609 (Address of SURETY) (Phone No. of SURETY) hereinafter called SURETY, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Two Hundred Fifty Two Thousand Sixty Nine and 00/100 DOLLARS ($ 252,069.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY, bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered Into a certain Agreement (including all associated contract documents relating thereto and as the Agreement may be amended from time -to -time) with the OWNER, dated the day of a copy of which may be hereto attached, but, in any event, is maintained in the records of the OWNER, said Agreement being hereby made 'a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of Puma Branch Ditch Enclosure IFB 10/11 -11 (Name of Project) (Contract No.) The Project is briefly described as: Construction of approximately 372 -ft of new 7'x7' concrete box culvert, ditch enclosure , and raylace existing 84° culvert along the Pump Branch drainage system between 5 St. and V St 00605.1 specu iW9 op The Project is located (address or general location as shown below): Between 5'" St and T St and between Pine Ave. and Chapman Ave., Sanford, Florida This Bond is being entered into to, at a minimum, satisfy the requirements of Section 255.05, .Florida Statutes, and to satisfy the terms and conditions the Agreement. The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that If CONTRACTOR: 1. Promptly and faithfully performs all of Its duties and responsibilities as well as all of the covenants, terms, conditions, and agreements of said Agreement in its totality, in the time and manner prescribed in the Agreement to the satisfaction of the OWNER, and 2. Pays OWNER all such sums as will be sufficient to satisfy all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees (including, but not limited to, costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by CONTRACTOR under the Agreement), and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which It may suffer by reason or failure to do so, then this Bond is able to be voided upon demand of the SURETY; otherwise it shall remain in full force and effect. The coverage of this Bond is co -equal with each and every obligation of the CONTRACTOR under the Agreement. In the event that the CONTRACTOR 'fails to perform any of the terms, covenants or conditions of the Agreement before this Bond is released by the OWNER, the SURETY shall remain liable to the OWNER for all such loss or damage. The SURETY shall also Indemnify and hold the OWNER harmless from any and all loss, damage, cost and expenses enumerated herein with respect to the CONTRACTOR, resulting directly or Indirectly from the SURETY's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Bond. The SURETY stipulates and agrees that its obligation under this Bond is to perform the CONTRACTOR's work under the Agreement. The following shall not be considered performance under any circumstance or in any context: (i) SURETY's, financing of the CONTRACTOR under the Bond to keep CONTRACTOR from defaulting under the Agreement, or (ii) SURETY's offers to OWNER to buy back the Bond. SURETY's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the SURETY. The SURETY agrees that its obligation under the..Bond is to: (I) fully take over performance of the CONTRACTOR's work under the Agreement in a plenary manner and be the completing surety even If performance of the CONTRACTOR's work exceeds the CONTRACTOR's contract price under the Agreement, or (ii) re -bid and re -let the SMCL1806,soe 00605 -z CONTRACTOR's work to a completing contractor with SURETY remaining liable for the completing contractor's performance of the CONTRACTOR's work and furnishing adequate and full funds to complete the work in the required plenary manner. The SURETY acknowledges that its cost of completion upon default by the CONTRACTOR may exceed the contract price set forth in the Agreement. In any event, the CONTRACTOR I's Contract Time is of the essence and applicable delay damages are not by OWNER. The SURETY, for value received, hereby stipulates and agrees that Its obligations hereunder shall be direct and Immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain In full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (Iii) the discharge of CONTRACTOR from *its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or rederal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, In any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. This Bond is intended to comply, at a minimum, with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute; provided, however, that the OWNER shall be entitled to all such common law rights .notwithstanding the language used herein. The SURETY agrees that this Bond shall be construed as a common law bond when such construction will benefit the OWNER. The undersigned signatories represent to ths OWNER that they are authorized, permitted and empowered to execute this document and bind the entity or person for which they are executing this document and recognize that the OWNER is relying, to its detriment, upon the signature set forth below and the representations, promises, covenants, guarantees and assurances made herein. IN WITNESS WHEREOF, this instrument is executed this the day of ATTEST. a.4.� VU"_ CONTRACTO Attesting Authority Gregori Construction and Engineering, Inc. C nRACT R Signatory Authority CONTRACTOR S Authority 00605 -3 M. GrePfl SPECUBMSM �Vypad Name (CORPORATE SEAL) (Witness to CONTRACTOR) Typed Name ATTEST. (SURETY) Secretary Typed Name (CORPORATE SEAL) Witness a o SURETY Marge Fedak TMDdd Name Wilnetas to SURETY Jojo Streyle Typed Name ktum t.• &Z,-2& t U' V Typed Name and Title 736 Ekastown Road Address Sarver, PA 16055 City, State, Zip 724 - 353 -1322 724 - 353 -2486 Telephone-No. Facsimile No. SURETY Great American Insurance Company SURETY 412 - 963 -0609 412 - 963 -7012 Telephone No. Facsimile No. By: Attom - -F Brian W. Long Typed Name 1010 Ohio River Boulevard Address Pittsburgh, PA 15202 City, State, Zip 412 - 734 -4900 412 - 734 -6640 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR Is a joint venture, all venturers shall execute the Bond, If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attomey appointing individual Attorney-in-Fact for execution of Bond on behalf of SURETY. END OF SECTION SPEC116091609 00605.4 S1029AB42n1) pp GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 i he nunilter of persons authorized by (his poster ofattorncy is not more than EIGHT No_ 0 19947 I'Okl LR OFAITOWNEI KNOy1 :ALL vt1;N t3l "'1lilal; PRI:SI;A7 ti: 'I hat the GRF. -V1 AMERICAN iNSURANC 1: COMP.•AN Y. a corporation orrvanircd and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below. each indicidualh if nwrc than one is named. its true and lawful attorney -in -fact. for it and in its name, place and stead to execute on behalfofthe said Company_ as surct), any and all bonds_ undertakings and contracts ofsuretyship, or other written obligations in the nature thereof provided that the liability ol'the said Company on anv such bond, undertaking or contract of suretyship cyeCUted under this authorax shall not exceed the limit stated below. Name Address I.imit of l'o%%er BRIAN W. LONG JOSEPHINE M. STREYLE ALL OF ALL BRIAN F. JEFFE JAY BLACK PITTSBURGH, PENNSYLVANIA UNLIMITED MICHAEL J. PETRASEK, SR. MARGE FEDAK RICHARD L ENDERS BARBARA A. LEEPER Fins Power ofAttorney revokes all previous poyvers issued on behalf of the atlorncy(s) - in - fact named above. IN WI INESS WHEREOF the GREATANIFRICAN INSURANCE C'O %lI , \NY has caused these presents to he signed and attested bN its appropriate officers and its corporate seal hereunto affixed this 5TH day of NOVEMBER 2009 Attest GREATAME.RICAN INI ' ZANCI COMPANY p �1NSUq, NCF (;644ut, lo. 1&4�� SI:AI 1. 01: (All(), COUNTY OF I IAhllt;fON -,,s. DAVID c- KITCHIN (877 - 377 - 2405) On this 5TH day of NOVEMBER 2009 , before me personally appeared DAVID C. KiICHIN, to nic known_ being duly scorn, deposes and says that he resides in Cincinnati. Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company: that the seal affixed to the said instrunent is such corporate seal; that it was so affixed by authority of his office under the By -Lass of said Connpan}. and that he signed his nannc thereto by like authority. KAREN L. GROSHEIM ,• •` NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES 02-20.16 4u A - This Power ofAttorney is granted by authority ofthe following resolutions adopted by the Board of Directors of Great American Insurance Company he unanimous written consent dated June 9, 2008. RLSOLVED: That the Divisional President. the several Divisional Senior f ice Presidents, Divisional t ice Presidents and Divisonal Assistant f ice Presidents, or any one of them, be and hereby is authorized f vin time to time, to appoint one or more Allorneys -in -Fact to execute on beha f of the Company as surety any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof. to prescribe their respective duties and the respective limits of their authorttv; and to revoke any such appointment at any time. RESOLVEL) fZ1RPHL'R: That the Company seal and the signature of any of the aforesaid officers and anv Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or cert ficate of either given for the execution of any bond undertaking, contract of suretyship. or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such q/ficer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and scaled this day of vp�� INSUp,�F st (ant) � SECTION 00610 PAYMENT BOND Bond No. 2043711 � <:! �i KNOW ALL MEN BY THESE PRESENTS: that � Gregori Construction and Engineering, Inc. (Name of CONTRACTOR) 736 Ekastown Road, Sarver, PA 16055 724 - 353 -1322 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR and Great American Insurance Company (Name of SURETY) 103 Gamma Drive, Suite 150, Pittsburgh, PA 15238 412 - 963 -0609 (Address of SURETY) (Phone No. of SURETY) hereinafter called Surety, are held and firmly bound unto: the City of Sanford, the OWNER, whose address Is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Two Hundred Fifty Two Thousand Sixty Nine and 00/100 DOLLARS ($ 252,069.00 1 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered Into a certain Agreement (including all associated contract documents relating thereto and as the Agreement may be amended from time -to -time) with the OWNER, dated the day of a copy of which may be hereto attached, but, In any event, is maintained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as If fully set forth herein verbatim, said Agreement being entered generally for the construction of: Pump Branch Ditch Enclosure IFB 10/11 -11 (Name of Project) (Contract No.) The Project is briefly described as: Construction of approximately 372 -ft of new TxT concrete box culvert, ditch enclosure, and replace existing 84" culvert along the Pump Branch drainage system between 6 St. and 3"' St. 00610 -1 SPECUBMIWD The Project Is located (address or general location as shown below): Between a St. and 3r St. and between Pine Ave. and Chapman Ave.. Sanford Florida The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly make payments to all claimants as defined in Sections 255.05 and 713.01, Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for In the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other Intents and purposes for the benefit of the OWNER. 2. Any action instituted by a claimant under this bond for payment must be In accordance with the notice and time limitation provisions in Sections 713.23 and 713.18, F-Wda Statutes. 3. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, before commencing to fumish labor, materials, or supplies for the prosecution of the work, or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, famish the CONTRACTOR with a notice that he or she intends to look to this Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his or her labor, materials, or supplies shall dellver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Claimant shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials or supplies may be instituted against the CONTRACTOR or the SURETY on the. bond after one year from the performance of the labor or completion of the delivery of the materials or supplies. 4. The SURETY, for value received, hereby stipulates and agrees that Its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (1) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (1I) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the 00610-2 9PECUB091509 SURETY's knowledge or consent, or (Iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding Initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall Increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. 6. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. IN WITNESS WHEREOF, this instrument Is executed this the day of A T TES T.• &V� —"— CONTRACTOR Attesting Authority k " Typed Name (CORPORATE SEAL) (Witness to CONTRACTOR) Typed Name ATTEST. (SURETY) Secretary Typed Name SPECLIS091502 00610 -3 Gregori Construction and Engineering, Inc. NTRA TOR Signatory Authority U rNTRACTOR S tory Authority Andrew AL 0mort Typed Name and Title 736 Ekastown Road Address Sarver, PA 16055 City, State, Zip 724 - 353 -1322 724 - 353 -2486 Telephone No. Facsimile No. SURETY Great American Insurance Company SURETY 412 - 963 -0609 412 - 963 -7012 Telephone No. Facsimile No. (CORPORATE SEAL) Witness to SURETY Marge Fedak T Name AX Wi nes as to SURETY Jojo Streyle Typed Name By: J Atto -in -F Brian W. Long Typed Name 1010 Ohio River Boulevard Address Pittsburgh, PA 15202 City, State, Zip 412 - 734 -4900 412 - 734 -6640 Telephone No, Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR Is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Bond on behalf of SURETY. END OF SECTION SPECUB Iwg 00610 -4 •Sl029A; (2/11) GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 Ilse number of pCtsons authorized by (his povNcr of attorney is not more than EIGHT No 0 19947 PO'•A Lk OFATTORNEY KNON :AI,LDiF ;N 1Dl' "IIIGSl; 1'RI:SGN7 ;ti: I hat the GRl[;aTAMERICAN INSUR ANC I' ('OMII'AN). it corporation ort-lani /ed and exisling under and by virtue of the laws of the State of Ohio, does hcrcby nominate. constitute and appoint the person or persons named below. each individually if nwrc than one is named, its true and lawful attorney -in -fact. tar it and in its name, place and stead to execute on behalf of the said Company, as surety_ am and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liabiht_s of the said Company on any such hoed, undertaking or contract of suretyship cxecutcd under this authoriq shall not exceed the limit stated hclovc Name Address f.imit ol' Power BRIAN W. LONG JOSEPHINE M. STREYLE ALL OF ALL BRIAN F. JEFFE JAY BLACK PITTSBURGH, PENNSYLVANIA UNLIMITED MICHAEL J. PETRASEK, SR. MARGE FEDAK RICHARD L. ENDERS BARBARA A. LEEPER This Power ofAttorney resokcs all previous powers issued on behalf'of the attorncy(s) -in -last named ahosc. IN WITNESS WIIEREOI the GRFAI AMERICAN INSURANCE CONIRANY has caused these presents to be signed and attested hs its appropriate officers and its corporate seal hereunto affixed this 5TH day of NOVEMBER 2009 Attest 4 GRF•ATAMERICAN IN ' (ANCC: COMPANY � 1NS1/q� Si NIT OP Of H0, COUNTY OF 11AMIF:fON - ss- DAVID C_ KITCHIN (877 On this 5TH day of NOVEMBER 2009 , before n1e personally appeared DAVID C. KITC'HiN. to me known, being duly sssorn, deposes and says that he resides in Cincinnati. Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American insurance Company, the Company described in and which executed the above instrument: that he knows the seal of the said Company: (hat the seal affixed to the said instrument is such corporate seal, that it was so affixed by authority of his office under the fay -Lass of said Company, and that he signed his name thereto by like authority. KAREN L. GROSHEIM �•';;,;.' ;, NOTARY PUBLIC, STATE OF OHIO •�+: MY COMMISSION EXPIRES 02 -20.16 This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2003. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional l ice Presidents and Divisonal Assistant I'ice Presidents. or any one of them, be and hereby' is authorized front time io time, to appoint one or more A ltorney's -in -Fact to execute on behalf of the Corrrpauyt as surer}� any and all bonds, undertakings and contracts gfsureryship, or other written obligations in the nature thereof. to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FZ%RTlIER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company map be a ffixed by facsintile to any power of attorney or certificate of either given for the execution of any bond. undertaking. contract of suretlship. or other Written obligation in the nature there( /: such signature and seal when so used being hereby adopted by the Company as the original signature of such q cer and the original seal oFthe Compare'. to be valid and binding upon the Company 1a Ult the same and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2003 have not been revoked and are now in full force and effect. Signed and sealed this day of � �NSNp S10 (Q /11)