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1407 Stage Door II Oleander Extensionltl�q 11 1 1� �, Ai 1 6W 1 L L fs . PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk /Mayor RE: Agreement form 520 for Stage Door II 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) ❑ Recordin ❑ Letter of Credit e ❑ Maintenance Bond S fe keeping (Vault) ❑ Ordinance ❑ ❑ Performance Bond irayme n and ❑ Resolution ❑ City Manager Signature ❑ ® City Clerk Signature Once completed, please: ❑ Return original ❑ Return copy El Special Instructions: Need executed signatures Please advise if you have any questions regarding the above. f c From N -J 100 //,ZV a al Thank you... Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc L -147 , DOCUMENT APPROVAL Contract/Agreement Name: Agreement 520 for Stage Door II, IFB 10/11 -14 Oleander Ave Extension Approval: y Purchasi g Manager `1 �3 Date Finance Dir ctor Date Date /1 ) ow City of Sanford - Bid Opening June 20, 2011 @ 2: OOPM Bid No. - Bid open by Bill Smith, Purchasing Manager OLEANDER AVE EXTENSION Tel 407- 688 - 5028/5030 Fax 407 - 688 -5021 Contractors Total Base Bid AJC Construction, LLC $ 783,000.00 The Briar Team, LLC $ 794,000.00 CE James Inc. $ 776,755.75 Gomez Construction Co $ 812,192.47 Halifax Paving, Inc $ 941,714.75 P & S Paving, Inc $ 802,123.20 Pos iech Contracting, Inc $ 919,423.70 Stage Door II Inc. $ 539,435.70 Wal -Rose Inc. $ 880,471.95 DATE: 07/20/11 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 11710 STAGE DOOR II INC 3208 OVERLAND RD APOPKA, FL 32703 PURCHASE ORDER PO NUMBER 032516 CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SUBMIT INVOICES TO: ACCOUNTS PAYABLE SANFORD, FLORIDA 32772 FINANCE DEPT. P.O. BOX 1788 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 SANFORD, FL 32772 SHIP TO: CITY OF SANFORD 800 FULTON STREET SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/11 NET /30 62791 ACCOUNT NO.: 136-4047-541.63-07 PROJECT NO.: RS 0 8 0 1 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 1 CONTRACTOR OLEANDER AVENUE 539475.70 NA 1.00 539475.70 EXTENSION BID NO. IFB 10/11 -14 SUB TOTAL 539475.70 TOTAL 539475.70 APPROVED BY: APPROVED BY: 7 9 4 C : I � TY M AGER ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: //WWW.SANFORDFL.GOVI DEPARTMENTS /PURCHASE/ COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING SECTION 00520 AGREEMENT FORM - PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the day of �O 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 Stage Door II., Inc. whose principal and local address is 3208 Overland Road, Apopka, FL 32703 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 Oleander Avenue Extension. IFB 10/11 - 14 . 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 135 calendar days of the date of the Notice to Proceed. 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 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 00520 -1 Oleander Ave. Extension IFB 10/11 -14 substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,000.-- for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one - fourth ('/4) 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 Five hundred thirty nine thousand four hundred thirty five and 70/100 dollars ($539,435.70). 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 of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Reserved 00520 -2 Oleander Ave. Extension IFB 10/11 -14 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 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. 00520 -3 Oleander Ave. Extension IFB 10/11 -14 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, 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: 00520 -4 Oleander Ave. Extension IFB 10/11 -14 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 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. 00520 -5 Oleander Ave. Extension IFB 10/11 -14 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: 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: Marc Hultin 00520 -6 Oleander Ave. Extension IFB 10/11 -14 Parks and Grounds Manager City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and /or services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of 00520 -7 Oleander Ave. Extension IFB 10/11 -14 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. 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. 00520 -8 Oleander Ave. Extension IFB 10/11 -14 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and /or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of 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 00520 -9 Oleander Ave. Extension IFB 10/11 -14 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 first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 00520 -10 Oleander Ave. Extension IFB 10/11 -14 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this 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 00520 -11 Oleander Ave. Extension IFB 10/11 -14 performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 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 00520 -12 Oleander Ave. Extension IFB 10/11 -14 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 conflict of interest in the performance employee or other person during the otherwise related to, this Agreement of others to violate the provisions of Part III relating to ethics in government. any action that would create a of that actions of any CITY course of performance of, or which would violate or cause Chapter 112, Florida Statutes, 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 00520 -13 Oleander Ave. Extension IFB 10/11 -14 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and /or services and work product of any CITY approved subcontractors, and 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. 00520 -14 Oleander Ave. Extension IFB 10/11 -14 Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 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 00520 -15 Oleander Ave. Extension IFB 10/11 -14 State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 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 -16 Oleander Ave. Extension IFB 10/11 -14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: S +ate Dc ,,) r a Name of Firm y (Signature) Date (SEAL) j Printed Name and Title A TE T: / (p a�11 By (Signature) Date tie fo ��2i� L a cc,+-i fL Printed Name and Title OWNER: Name of Owner By (Signature) Date (SEAL) Jeff Triplett - Mayor Printed Name and Title ATTEST: By (Signat ure) Date Laa V Cit C erk Printed Name and Title FF SECTION 7A /q C4 00520 -17 Oleander Ave. Extension IFB 10/11 -14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 9 Name of Firm By (Signature) + Date I- Printed Name and Title A TE T: By (Signature) Date Printed Name and Tit e OWNER: Name of Owner Jeff Triplett - Mayor y Printed Name and Title ATTEST By (SRgnature) Date C Jef Bete. Citv Clerk Printed Name and Title END OF SECTION r✓�r� . fiFA (SEAL) (SEAL) 00520 -17 Oleander Ave. Extension IFB 10/11 -14 SOP ' WS RMX" Item No. k. CITY COMMISSION MEMORANDUM 1 1 ■ 108. JULY 11, 2011 AaaNDA To: Honorable Mayor and Members of -tb ity Commission PREPARED BY: Michael Watson, Senior - "blic Works ector SUBMITTED BY: Tom George, Interim City SuB,1ECT: Award Construction Contract for the Oleander Avenue Extension SYNOPSIS: Approval to award the construction contract for the Oleander Avenue Extension Project to Stage Door II Incorporated is requested. FISCAL/STAFFING STATEMENT: The total amount requested is $593,379.27; this includes the base bid amount of $539,475.70 and a 10 0 /6 contingency of $53,943.57 to Stage Door II Inc. This is lower than the engineer's projected cost of 5772,000. Funds are available from the 2" Generation One Cent Sales Tax Fund. BACKGROUND: The project consists of constructing a new road from W. 18 Street to Country Club Circle, installing a retention pond, new drainage structures, 10' bike pedestrian pathway and new street lighting. On May 11, 2009 the City Commission approved a request for the final engineering design, survey mapping, and permitting of the Oleander Avenue Extension Project to CPH. The new roadway provides the Georgetown neighborhood an alternate route to the south. LEGAL REVIEW: The City Attorney will draft an appropriate construction contract upon approval by the City Commission. RECOMMENDATION: It is staffs recommendation that the City Commission authorize the Mayor to execute a construction contract for the Oleander Avenue Extension Project to Stage Door II Inc. in the amount of $539,475.70 and a 10% contingency of $53,943.57 in a form approved by the City Attorney and the City's Purchasing Agent and to authorize the City Manager to take all necessary actions to implement the project. SUGGESTED MOTION: "I move to award a construction contract for the Oleander Avenue Extension Project to Stage Door II Inc. in a form approved by the City Attorney, City Purchasing Agent, and that the City Manager be authorized to take all actions necessary to implement the project." Ul a s LO C7 J 3 tv Attachment: Bid Tabulation Sheet STAG DOOR II, INC. 3208 OVERLAND RD APOPKA, FL 32703 O FFICE (407) 57&2918 FAx (407) 578 -2921 July 1, 2011 F. William Smith Purchasing Manager City of Sanford P.O. Box 1788 Sanford, FL 32772 Re: IFB 10/11 -14 Oleander Avenue Extension Enclosed per the e-mail of June 28, 2011, please find copies of the signature page of the contract. Enclosed also are the other documents referenced on the Notice of Intent to Award. Please advise of any additional information needed. Sincerely, � Deborah Lacey Office Manager SrA GE DOOR II, INC. 3208 OVERLAND ROAD APOPKA, FL 32703 OFFICE (407) 578-2918 FAX(407)578-2921 6/30/2011 Statement of Organization Stage Door II, Inc. is overseen by President, Peter Piacenti Sr., who has presided over this company for 40 years. The two operations managers, Peter Piacenti Jr. and Travis Pendleton manage the day to day activities of the company. There are two field supervisors — Johnnie Jones and Josh Critchfield who monitor the jobsites. We also have a head mechanic, Dan Cherella, who solves problems and monitors the equipment constantly. Each crew that is sent out to work is headed up by an experienced and proven crew leader, who is directed by Pete or Travis, and monitored by Johnnie or Josh. Our crew members answer directly to the crew leaders. Peter Piacenti 5013 Legacy Oaks Dr • Orlando, FL 32839 • Tel:(321) 287 -1402 • !­f ,;�, .1.; � " : EDUCATION THE UNIVERSITY OF FLORIDA, Gainesville, FL Bachelor of Science in Decision Information Sciences, May 2003 Bachelor of Arts in Economics with a Minor in Physics, May 2003 Overall GPA: 3.9/4.0 Core GPA: 4.0/4.0 GRE: Quantitative: 790/800 (93rd percentile), Analytical: 800/800 (97 percentile), Verbal: 700/800 (97 percentile) EXPERIENCE STAGE DOOR H, INC., Orlando, FL Operations Manager, February 2004 — Present • Exceeded each internal financial goal set each year • Managed many projects of different types successfully and efficiently GIVE HOPE FOUNDATION, Orlando, FL Founder and President, March 2005 — Present Founded this non -profit to help children and families battling cancer. • Achieved 501 (c) 3 status within the first few months • Managed 6 Charity Galas, which raised more than $250,000 in total • Implemented an internal program `The Give Hope Hero Program' in 2007, which is a wish granting program for children with cancer FLORIDA REAL ESTATE ENDEAVORS, Orlando, FL Owner and Operations Manager, 2006 — Present • Developed this business, which now has 10 renovated rental units operating SET ASSOCIATES, Arlington, VA SETA to DARPA, September, 2003 — February 2004 A SETA is a consultant to a project manager at DARPA, and DARPA stands for Defense Advanced Research Projects Agency. • Championed a project called Command Post of the Future (CPOF) with Captain Ryan Paterson, Project Manager for CPOF. • Successfully aided in the process of acquiring over 10 million dollars in funding, running CPOF through theoretical trials with experienced commanders, and helped push the concept closer to fruition. THE MARINE CORPS WARFIGHTING LABORATORY, Quantico, VA Systems Analyst, June 2003 — August 2003 Conducted thorough analysis and update of the Warfighting Lab's knowledge management application • Improved the function of the application through the implementation of my own ideas • Was offered the position as a SETA at DARPA as a direct result of my performance in this postion SPECIALIZED SKILLS / PERSONAL Spanish: Fluent Italian: Conversational Speed Reading: Taught 3 courses of at least 7 students each to at least double their reading rate in 4 wks Scuba Diving: Open Water Certified and experienced, 2000 - Present Basketball: City of Orlando Basketball Champions 2007, 2009, 2010 Racquetball: University of Florida Intramural Champion, 2003 TRAVIS PENDLETON 145 Springwood Trail Altamonte Springs, FL 407 -578 -2918 2000 -Pres —Stage Door II, Inc. Director of Operations — Manage fiscal, physical and human resources to accomplish mission and objectives of company. Supervise multiple jobsites simultaneously. During my time at Stage Door II, 1 have supervised projects totaling upwards of $80 million. These projects have ranged from road construction and repair; restoration from utility breaks; stormwater upgrades or repairs; box culverts; and water /wastewater utility improvements. All work performed by Stage Door II is for municipalities in the Central Florida area that are open to public or then current residential areas. 1995 -2000 —Various Healthcare facilities Administrator — Licensed administrator of long -term healthcare facilities throughout New Orleans, LA. I was responsible for as many as 300 employees and various Department Heads in the facility. Started off in 1995 in clerical position in accounting department and was rapidly promoted and trained to be Administrator. I was recognized as a specialist in turning around troubled facilities into successful facilities compliant with State regulations and profitable. 1992 -1995 — US Air Force Accountant — joined the USAF and was promoted in rank and responsibility throughout my tenure. In basic training I was assigned as "Dorm Chief' which put me in charge of the entire group of trainees. Upon completion of technical training I was assigned to Hulbert Field Air Base, Special Operations Command where again I was promoted in rank ahead of other airmen and assigned positions which would normally go to people with much higher rank. I received numerous awards and letters of recognition from supervisors and even base commanders. Two different base commanders submitted letters of recommendation that I be admitted to the Air Force Academy for officer training. Peter V.Piacenti 1280 Wellington Terrace • Maitland F132751 • Tel:(321) 663 -4101 • petervpiacenti ,yahoo.com EDUCATION Brooklyn Technical H.S. Brooklyn N.Y. Majored in Aero Space Engineering Grad 1965 New York Institute of Technology, Old Westbury L.I., N.Y. Studied Aero Space Engineering 2 years EXPERIENCE Lizza & Sons Inc., Oyster Bay L.I., N.Y. Office Engineer, Deer Park Ave Improvements June 1967 — Oct 1968 • Responsible for monthly progress payments on 15 mi. long Federal Highway project. Assistant Superintendent, Hwy 17K, Newberg N.Y. 1 Oct 1968 — Sept 1970 • In charge of all dirt work, trucking, base preparation and paving 18 Mi. Long Federal Hwy • Soil sieve analysis and hardness tests to locate proper base material and negotiate purchase. Frank Mascali Construction Co, Flushing N.Y. Superintendent, Park Row Pedestrian Overpass Oct 1969 — Oct 1971 • Responsible for total construction of overpass connecting N.Y.City Police Headquarters to City Hall at the base of the Brooklyn Bridge. Lake Kathryn Estates Mobile Home Park, Casselberry Fl Construction Mgr., 1972 — 1973 • Supervise construction of mobile home park, swimming pools, clubhouse Miniature Golf Course and maintenance crews. Stage Door II Inc. Apopka Fl President & CEO, 1973 — Present • Stage Door II, Inc start up, from filing corporate papers, setting up bonding, insurance, acquiring equipment, labor force, bidding on jobs and completing jobs in a timely manner. Stage door II, Inc has grown over the last 38 years to a company that employs approx 50+ employees and performs $10,000,000.00 of work per year. The work consists of Underdrain, Storm Sewer, Sanitary Sewer, Water, Structural Concrete, Concrete Sidewalks, Asphalt Bikepaths, Curbing, Excavation, Base Work, Paving, Soddding and Landscaping. We basically perform any and all horizontal Construction for Municipalities and Private Clients. Spanish: Conversational Italian: Conversational Jai Alai: Won over 12 Jai Alai Tournaments, Several State Wide, and Played 4 years Professionally. SrA GE DOOR II, INC. 3208 OVERLAND ROAD APOPKA, FL 32703 OFFICE (407) 578 -2918 FAX(407)578-2921 6/30/2011 Statement of Experience Stage Door II, Inc. has, for 40 years now, been operating almost exclusively as a prime contractor. For many different central florida municipalities, we have performed over $100,000,000.00 in work as a prime contractor. We have included a spreadsheet with all of our recent and current contracts, but to point out three jobs that are similar to Oleander — for Orange County, we widened, repaved, installed drainage, and restored Chickasaw trail at Millinocket lane, which was around a $500,000.00 project. We also did a large restoration on a road in Barnett Park for Orange County. In this job, we did drainage, road base and paving, sidewalks, curb, and many other miscellaneous items. 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O 00 �p O AA= ° ° O 41 W T a w m -, 0 -4 -4 CD -, O ' D 91 a c O w v m o� -° W (A �. , v pr O CD CD :E N co (?� D) m ID N m OD IV 11 r �O N W N � v O W to fN D 0 3 ° O 3 O -W C rt rt O O O O O O w O O O O O O I O O o l < < a CD CD CD v► O 3 O CD CD _y 3 N rj O O O c n O 3 0 O 3 a CD w CD CD m CD eD ° CL � ORIGINAL SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the Oleander Ave. Extension (IFB No.10/11 -14), is hereby made to City of Sanford hereafter called the Owner. This Bid is submitted by (1) (1) Name, address, and telephone number of Bidder 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number I Dated 4 Number 12 Dated & - tl Number Dated (v - tv_►/ Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. 4. To accomplish the work in accordance with the Contract Documents. 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the work within 135 calendar days of the date of the Notice to Proceed. 00410 -1 Q `1 1 &4, a' OLEANDER AVENUE EXTENSION (IFB 10/11 -14) NAME OF BIDDER REVISED PER ADDENDUM NO. 4 6/15/11 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. 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O N N a) U Q (d O .fl N c (0 d (0 a N J U N LL O LL Q) = L is U »� U) 0� 3 O U co 0 L EE M C0 a c v, a� ~ c � a) O c � U �W O � 7 O (D O cn = O V CO C I- U) z O V c U° U o -� m C O C CD (D c 0 a ° a �ia V U ( v N - 4J O a) U U aa)) C9 ca O C m �-W U c U �Z 0 O W V) o a) o (L) a) 9- `� a > 3 m Q 0 1 2 zUz(/)Lu vJo(nm o a w F' z z O mmmm0mrnrnJrnrn ° ~ v o (O r � m Z-z z� o� Z X cl w Q LLI Dr > w Qa CC 0 ww oU) z> u� J O (D O r O O J W VJ of w 0 0 m LL O w z 1.07 Miscellaneous Requirements and Affirmations A. Proposals (Bids) must be on the Bid Form. B. I have attached the required Bid Security to this Bid. C. I have attached the required Statement in connection with the Trench Safety Act. 1.08 RESPECTFULLY SUBMITTED, signed and sealed this aG day of � e 1 Zo I i Contractor 9 7 , ( Slgnature) Date V ?, h" , P kkS ld Printed Name and Title J 0 H r LLA-tifs Eo f-D Business Address n Q �� A- �L '34 o :> City State Zip Code 401 HUI s)t�- -sic)-/ Telephone No. Facsimile No. ` ATTEST: By (Signature) Date �Ae6vfa h � erc: m Printed Name and T tle END OF SECTION (CORPORATE SEAL) 00410 -7 ° �. � " OLEANDER AVENUE EXTENSION (IFB 10/11 -14) NAME OF BIDDER REVISED PER ADDENDUM NO. 4 6/15/11 05/20/2011 13:53 FAX 407 578 290 Stage Door II Inc SECTION 00420 BID BOND FORM • 00006/0007 KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Stage Door II, Inc. as Principal, and (2) The Ohio Casualty Insurance Company as Surety, are hereby and firmly bound unto (3) C ity of Sanford , as Owner, in the penal SUM of (4) Five Percent of m- ount Bid Dollars ($ 5 % --- -- - - -- ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to _ City of Sanford a certain Bid for (5) Oleander Avenue Extension IFB 10/11 -14 , attached hereto and hereby made a part hereof. 1) Bidder ?.) Surety 3) Owner 4) Amount of Bond as Required !n the instructions to Bidders 5) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. if said Bidder shall be in rejected, or In the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed In accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shalt in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way Impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. 00420 -1 SPECU6MOW 05/20/2011 13:53 FAX 407 578 0 Stage Door II Inc • 16 0007/0007 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 9th day of June 2011 EST: By (Principal Of / fice) / r Ls I�r_�e�l_ 5,e a lwleq Typed Name and Title Stage Door II, Inc Principal --1 / , � By (Signature of Offite f � r � Pi 4-0�� �Rt� J aj Typed Name and Title 3208 Overland Rd (CORPORATE SEAL) Address Apopka, FL 32703 City, State, Zip The Ohio Casualty Insurance Company e Surety By. lilt ILL B Attorney -i Fact Jeanette Fiorvante, Witness Cindy L. Mirisola, Attorney -in -Fact Typed Name and Title Typed Name and Title 1021 Douglas Avenue (SEAL) Address Altamonte Springs, FL 32714 City, State, Zip (407)389 -3588 (407)389 -8488 Telephone No. Facsimile No. END OF SECTION 00420 -2 SPECLIDD528M THIS POWER OF ATTORNEY IS NOT VALLESS IT IS PRINTED ON RED BACKGRO�. IFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 43 -445 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint: Deidre R. Padgett, Barbara Aldinger, Gerald K. Sihle or Cindy L. Mirisola of Altamonte Spg, Florida its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TEN MILLION ($10,000,000.00) DOLLARS, excluding however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duty executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 10th day of May, 2010. 1 �iiii C./L J. Timothy D'Errico, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 10th day of May, 2010 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. ,,�y . " - Ll Notary Public in and for County of Butler, State of Ohio My Commission expires August 5, 2012. This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article III, Section 9. Appointment of Attorneys -in -Fact The Chairman of the Board, the President, any Vice - President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attomeys -in -fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By -laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings 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. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 9 day of June 1 2011 SEAL ,,i 0 Assistant Secretary 05/20/2011 13:53 FAX 407 578 01 Stase Door 11 Inc SECTION 00420 BID BOND FORM • R40006/0007 KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Stage Door IL Inc. as Principal, and (2) The Ohio Casualty ce Company as Surety, are hereby and firmly bound unto (3) C ity of Sanford , as Owner, In the penal sum of (4) Five Percent of mount Bid Dollars ($ 5 " 1 0 - -- ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) City of Sanford a amain Bid for (5) Oleander Avenue Extension IFB 10/11 -14 attached hereto and hereby made a part hereof. �) Bidder �J sWOry 3) oWrW 4) Amount of Bond as RagU&W in Me InOWCUM to Bid rs .1 Name of PrgW as Shown In lnvfttkw for Bids NOW, THEREFORE, A. if said Bidder shall be In rejected, or In the altemale, a. if said laid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed In accordance with the Bidding Documents), and shall furnish a bond for his faithful performwvmpf said contract, and for the payment of an persons performing labor or furnishing erewith, and shag in all other respells perform the ag ptance of said Bid, then this obligation shall be void, otherwise the same shalt main in force and effect; it being expressly understood and agreed that the flability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way Impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. ;+I6'X431 05/20/2011 13:53 FAX 407 578 a Stage Door II Inc • 440007/0007 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and seated this 9th day of June 2011 Stage Door II, Inc. ATTEST: By (Principal Officer) Principal By (Signature of Officer) Typed Name and Title Typed Nam and Title 3208 Overland Rd (CORPORATE SEAL) Address Apopka, FL 32703 City, State, Zip The Ohio Casualty Insurance Company END OF SECTION 00420 -2 sure BY Attomey -in -Fact Jeanette Fiorvante, Witness Cindy L. Mirisola, Attorn -in -Fact Typed Name and Title Typed Name and Title 1021 Douglas Avenue (SEAL) Addness Altamonte Springs, FL 32714 City, State, Zip (407)389 -3588 (407)389 -8488 Telephone No. Facsimile No. END OF SECTION 00420 -2 THIS POWER OF ATTORNEY IS NOT VIM UNLESS IT IS PRINTED ON RED BACKG ND. RTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY Know All Men by These Presents: That THE OHIO orporation, and O CASUALTY INSURANCE COMPANY, an Ohio W and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company do hereby nominate, constitute and appoint: Deidre R. Padgett, Barbara Aiding er, Gerald IL Sihle or Cindy L. Mirisola of Altamonte Spg, Florida its true and lawful agent (s) and attorney (s)-m- -fact, to make execute, seal and deliver for and on its half as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES not exceeding m MY-,, irgle instance TEN >�.E MJ N (S10,000,000,U0) DOLE.ARS, ezcLrdgtg, -however, any bond(s) or undertaki rig( s ) guaranteeing thi<paylnent of not�interest #herenii And the execution of such bonds of undutakrngs "10 pursuance 4f these presents shall be as bolding upon said Comp An and amply, to all intents and they my _ xei uteri and acknowledged by the regularly elected officers _o €the Companies at -their administrative Purposes,, as if had � d offices in Fairfield, Ohio, in their uwtr proper.Feitsons granted hereunder authority gran supersedes anyprcvrous authority heretofore grantedxhe above named attoin*s }in fit In WITNESS WHEREOF, the undetsigiied officer of the said Tlie Ohio Casualty 7nsuraneg Company aadWest American Ipsnrance Company has hereunto subscribed his name and affixed ihu: Corporate Seal of.each iripazi tliisi0th day of -May, 2010 E. W.AL m J. Timothy D'Errico, Assistant Secretary O STATE OF OHIO, G. C COUNTY OF BUTLER C N On this 10th day of May, 2010 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler. duly commissioned and Q qualified, came d. Timothy WE CID Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST ARICAN tCIS INSURANCE COMPANY, to me personally known to be the individual and Officer. described in, and who executed the pre ME ceding instrument,. and he a p acknowledged the execution of the same; and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the m m seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were p duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. a IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first m > above written. CO i s 3 . xr4 t eA tt_ m C �- Notary Public in and for County of Butler State of Ohio M 0 Commission gust y " p - y expires Au 5, 2012. 00 This power of attorney is granted Wider and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty L Insurance Company and West American Insurance Company, extracts from which read; 0 Article III, Section 9. Appointment of Attorneys- in-FacL The Chairman of the Board, the President, any Vice- President, the Secretary or any Assistant ration shall be and is herein ested with full power and aut6 'M Secretary of the corporation Drily to appoint attorneys -in -fact for the purpose of ,. signing the name of the corporation as surety to, and to on to, acknowledge_ and deliver any and all bonds, O G recognizances, stipulations, undertakings or other rostrum h of insurance to be given in favor of any individual firm, corporation, partnership, limited liability company or other en or rep vve thereof or to any county or state, or any official board p 0 or boards of any county or state, or the United States of America or any agency them or to any other political subdivision thereof C V This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, CC C 2004: L RESOLVED, That theaagtratu a of any offidw -of the Company _stuhurized under Article-M Sects& R of its Code Of Regulations and .By - laws Z and the Company seal maybe a -red by fa<smnleto any power ofattomey-orrop + thereof fssuell on behalf`bt - torn - to make, execute, seal and deliver for and on its be surety rimy and all bondsr- undertakings ;or other writteff:.Qbhgaho5s _ is the nature t6�of, to. prescribe the n respective duties and the respectiveiiunits of thou authoriti'alrd:to revoke any sile}1 appointttuanL =.Such signatures and seal: are1ereby adop by the Company as ongmal signatures and seal andaba]l, with respcxtto any bond, undesiakang oratliea:wnttetr obligations in theaiahjre thereof to which it is attached, be valid and binding upon the Company with thesanine force and e$ecEas ai1%iiert_ . .. . ... CERTIFICATts L the undersigned Assistant Seta ly- 0-1Tre .Ohio Casualty :Inseaance COMO erid West ikmeiican htsm�anee CP�Y dta- fiereby certify that the foregoing power of attorney, the refererxe BY -Laws of the Companies a the above resolution of theirBoards of I3trectors are tine and correct copies and are in full force and effect ona>iis date. IN WITNESS WHEREOF. I have hereunto set my hand and the seals of the Companies this 9 day of June 2011 sun ���Gili %M Assistant Secretary y � • SECTION 00430 TRENCH SAFETY STATEMENT FORM Bidder acknowledges that included in the various items of the proposal contained on the Bid Form are costs for complying with the Florida Trench Safety Act (FS 553.60- 553.64). The Bidder further identifies the cost of compliance with the applicable trench safety standards for the project as follows (Bidder to attach additional sheets as necessary to identify all costs): The total cost shown herein is already included in the various items on the Bid Form and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Submitted, signed and sealed this day of 2-C)/ 6E Lo-' - TF 7 T Bidder Signature -- N1'er ✓ Printed Name and Title ATTEST: X �/ /G 9 1 r/ Signature U Date (SEAL) END OF SECTION SPECLIS052803 00430 -1 Trench Safety Measure ( Description) Units of Measure LF, SF, SY Unit Quantity Unit Cost Extended Cost A /1 B C D E F TOTAL The total cost shown herein is already included in the various items on the Bid Form and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Submitted, signed and sealed this day of 2-C)/ 6E Lo-' - TF 7 T Bidder Signature -- N1'er ✓ Printed Name and Title ATTEST: X �/ /G 9 1 r/ Signature U Date (SEAL) END OF SECTION SPECLIS052803 00430 -1 Disputes Disclosure Form 435 -1 Answer the following questions by answering "YES" or "NO ". If you answer "YES ", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? No 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? No 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? No If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. Stage Door II, Inc. Firm Authorized Signature Date Peter V.Piacenti, President Printed or Typed Name and Title FORM NO. DSPT 12.204 IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Drug -Free Work Place 435 -2 The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement Specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Stage Door II, Inc. Firm Signature Peter V. Piacenti, President 4v /z 1 71 11 Date Printed or Typed Name and Title FORM NO. DFWP 14.204 IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Florida Statutes On Public Entity Crimes 435 -3 THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to The City of Sanford by Peter V. Piacenti on behalf of Stage Door 11, Inc. whose business address is: 3208 Overland Road Apopka, FL 32703 and (if applicable) its Federal Employer Identification Number (FEIN) is 59- 1450081 (If the entity has no FEIN, include the Social Security Number of the individual signing this statement: ) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. understand the "convicted" or "conviction" as defined in Paragraph 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 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilt or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. 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 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 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of 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 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. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD The entity submitting this sworn statement, or one of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) (date) State of Florid, County of On this �� day of - 11 &A P, 20! (, before me, the undersigned Notary Public of the State of Florida, personally app ared _fie r V�� CPS -1 and (Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. `\� tdl �'�c -^� ✓L G NOTARY PU LIC, STATE OF FLORIDA NOTARY PUBLIC _ SEAL OF OFFICE: (mac be �C� J< 1 LA� (Name of Notary Public: Print, Stamp, or Type as Qommissioned.) .".9. , , DEBORAH JEAN LACEY `= MY COMMISSION # EE048206 EXPIRES December 12, 2014 (407) 398 -0753 FlondeNotarySe tce.com _ ✓Personally known to me, or Produced identification: (Type of Identification Produced) _ DID take an oath, or DID NOT take an oath. FORM NO. PEC 15.204 00435 -4 IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Certification of Non - Segregated Facilities 435 -5 By affixing his signature to this form, the Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race, color, religious disability or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: - /, 49/i/ By: Peter V. Piacenti President Print Name Title Official Address: 3208 Overland Road Apopka. FL 32703 FORM NO. SFAC 16.204 IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Conflict of Interest Statement 435 -6 1. Peter V. Piacenti of Stage Door II, Inc. deposes and states that Name of Affiant Name of Company 2. The above named entity is submitting an Expression of Interest for the City of Sanford project identified below. 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 4. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 10. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above named entity, will immediately notify the City of Sanford in writing. nt 412.1 Date Peter V. Piacenti President Typed or Printed Name of Affiant Title State of Florida, County of OraA(;, C On this Z q day of J rte's(?, 20 /( before me, the undersigned Notary Public of the State of Florida, personally appe ?e fed" A and tt4 ��� (Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: -- D 0— � c CeL,� J e-+113 (Name of Notary Public: Print, Stamp, or Type a Commissioned.) DEBORAH JEAN LACEY MY COMMISSION # E6048206 EXPIRES December 12, 2014 (407) 398 -0183 Flondallotery5erv" com FORM NO. CFI 18.204 _ ✓Personally known to me, or Produced identification: (Type of Identification Produced) _ DID take an oath, or DID NOT take an oath. IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Non - collusion Affidavit of Offeror /Bidder 435 -7 The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individual signing this document. �► / G /19/ Signature of Afrant Date Peter V. Piacenti President Typed or Printed Name of Affiant Title State of Florida, County of 0 6 - C On this day of U AiL 20 i t before me, the undersigned Notary Public of the State of Florida, personally appeared Pc c1/ �. �� 03 C.21/1 , and ( Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. 2 NOTARY PU LIC, STATE OF FL DA NOTARY PUBLIC S '"g DEBORAH JEAN LACEY MY COMMISSION # E&048206 EXPIRES December 12, 2014 (407)398 -U153 Floridallota Sarv' rY ica.com (Name of Notary Public: Print, Stamp, or Type as Commissioned.) ✓Personally known to me, or _ Produced identification (Type of Identification Produced) _ DID take an oath,'or DID NOT take an oath IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD FORM No. AC 5.908 THIS FORM MUST BE SUBMITTED WITH BID Unauthorized (Illegal) Alien Workers 435 -8 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. 1. By executing this certification, the CONTRACTOR certifies that Stage Door II, Inc. (name of company) does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 2. The Undersigned agrees to, upon request of the City, provide copies of Immigration Form I- 9 for each person associated with the above named company who has been or is present at the designated jobsite associated with any work or project resulting from this solicitation. CONTRACTOR: Stage Door II, Inc. Signature: Printed Name: Peter V. Piacenti Title: President Date: /��� >/ Affix Corporate Seal STATE OF A) )SS COUNTY OF The foregoing instrument was acknowledged before me this � day of I Lt.p4f 20 it , by of CL AC T�C_ on behalf of the fir /She is grtsotntally no n to me or has produced identification. Print Name b •� h R Notary Public in and for the County and State Aforementioned My commission expir ;��" "" DEBORAH JEAN LACEY %A MY COMMISSION # EE048206 t EXPIRES December 12, 2014 (407) 398 -0153 Flo idallotaryService.com Form No. IM 0506.209 firm), IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Americans With Disabilities Act Affidavit 435 -9 By executing this Certification, the undersigned CONTRACTOR certifies that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford (CITY). the CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (AFA), 42 USC s. 12101 et seq. It is understood that in no event shall the CITY be held liable for the actions or omissions of the CONTRACTOR or any other party or parties to the Agreement for failure to comply with the ADA. The CONTRACTOR agrees to hold harmless and indemnify the CITY, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the CONTRACTOR's acts or omissions in connection with the ADA. CONTRACTOR: Stage Door II, Inc. Signature: �d —z Printed Name: Peter V. Piacenti Title: President Date: Affix Corporate Seal STATE OF P 4� A ) )SS COUNTY OF Q� ) The foregoinq instrument was ackn.owlei 20 it j 4 ?i ed before me this Z°t day of �.�►�. of ' 4AC, E firm), on behalf of the firm. H /She is p ovally knov� to me or has produced identification. Print Name d t)raji Notary Public in and for the County and State Aforementioned My commission expires: Y "'�,•' DEBORAH JEAN LACEY MY COMMISSION # E6048206 ," EXPIRES December 12, 2014 is9p -U151 FlondallotaryServieexom Form No. AWD 0512.209 Section 00425 -11 Code of Sanford, Florida IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD 435 -10 Affidavit: Security and Public Safety Requirements The CONTRACTOR shall be responsible for the accepted standards, appearance, conduct, and safety of its employees, subcontractors, agents, and any other person caused by the CONTRACTOR to have access to any facility under the authority of the City. 1. The CONTRACTOR under any agreement with the City, shall require all personnel under its cognizance, at all times when performing work in the context of that agreement to wear identification badges which, at a minimum, provides the name of the employee and the CONTRAACTOR. 2. The CONTRACTOR shall, when so required, provide to the CITY a list of employees working on the project which includes a list of employee work days, times and assignments for each employee within forty -eight (48) hours of the request for such information. This information, when requested by the CITY, shall be provided prior to the employees of the CONTRACTOR entering the CITY's premises. 3. The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors, subcontractors and employees of private contractors. The CONTRACTOR shall cause each person designated or found by the City to be functioning in a position and /or location critical to the security and /or public safety of the CITY to undergo the following inquiries and procedures conducted by the City of Sanford: a. Fingerprinting in accordance with the CITY's Procurement procedures, b. Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation, and C. Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. 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 that may work on the CITY's premises in positions found by the City to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the 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 contiAueAo work in such critical wsMmis. 1 i Signature of Affiant Date Peter V Piacenti President Stage Door II, Inc. Typed or Printed Name of Affiant Title Name of Company State of Florida, County of /y6 On this 90 day of :J A4 , , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared P,✓ 1 and ( Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. �1 ,ems.► -> G NOTARY P BLIC, STATE OF ORIDA NOTARY PUBLIC SEAL OF OFFICE: ��* "•'K DEBORAH JEAN LACEY MY COMMISSION # E6048206 EXPIRES December 12, 2014 (d07) 398 -D153 FloridallotaryServicexom L6 (Name of Notary Public: Print, Stamp, or The as Commissioned.) V Personally known to me, or _ Produced identification (Type of Identification Produced) DID take an oath, or _ DID NOT take an oath IFB- 10/11 -14 Oleander Avenue Extension THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD =arl K. Wood, Tax Collector Local Business Tax Receipt Orange County, Florida his local business tax receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance. Businesses are subject to regulation of zoning, health and other awful authorities. This receipt is valid from October 1 through September 30 of receipt Year. Delinquent penalty is added October 1. ** *ORIGINAL * ** 2010 EXPIRES 9/30/2011 1814- 0099086 1814 UNDERGROUND UTILITIES $40.00 11 EMPLOYEES: This receipt is official when validated by the Tax Collector. i STA GE DOO E1 - CURREt EQUIPMENT LIST in # VEHICLE/EQUIPMENT YEAR 1 COLOR I VIN OR SIN NO. DUMP TRUCKS: (on road)! I 74 FpOgMiner DumpTruck 2000 Purple 1FVXTWEB1YHF9257 75 Peterbilt Dump Truck 1988 Teal 1XP50B9X7JD257185 84 Volvo Dump Truck 2003 Purple 4V5R99GH33N340071 86 Volvo Dump Truck 2003 ; Red ! 4V5K99GH53N340072 101 Volvo Dump Trick 1999 White ;4VHJCCGF8XN868383 112 Sterling Dump ruck 2006 i White 12FZHAZDE26AV90311 124; ; Freightliner Dump Truck 2007 Gold 1 FMC5CV77HX02023 1511 , Mack Dump Truck 2005 ! White 1 M2AG11 C95MO24419 ; HEAVY EQUIPMENT: (off road) 511 1 Mitsubishi Grader 1 G600027 521 Kobeko Loader RK01163 531 Furukawa FL150 Wheel Loader 5103 54 1 Dynapac Roller 86113 55 !TCM 820 Wheeler Loader ? 63305575 57 CAT D-3 Tractor I 79U5595 58 TCM 4WD Wheel Loader 64400179 59 REX 5 Roller i i HG637 60 743 Bobcat j 5019 -M -14382 611 Leeboy 1000SR Paver 762 621 Case 48OLL Loader/Landscaper 9080609 631 Hyster Roller A- 91- 2362 -0 641 Cyote Loader 814514 651 Best Place Compactor S35- 781091 661 Case 9030 Excavator ! DACO300149 67 JCB Backhoe ! 14BN207732828417 68 Hyster S25A Forklift i A10D9691 79 TCM 820 w/forks & bucket j i 61700362 80 2001 Volvo Wheel Loader 6011044 81 2003 Volvo Wheel LoaderL25B 1750514 94 Komatsu Backhoe 214WD F11086 95 Komatsu Wheel Loader HA 950462 96 Ingersoil DD22 Smooth Roller 48" 9002220 97 Bobcat Loader & 24" Planer ; 1 AB00775 98 Blaw Knox PF840 Paver (new) i PF840 -01 -9205 116 2004 Komatsu Wheel Loader H951292 117 2003 Volvo Wheel Loader 1750385 131 ' 2006 Vove trackhoe M3EC330B 0020 132 2006 Volvo front end loader M31-60E ; ! 0385 138 12006 Case Backhoe 46548856 8 MM I BL704ROE Backhoe Loader ; D10954 140 1 BL704CAE Backhoe Loader j D11166 7MM I VCE L35B Front End loader j f B1873691 141 VCE L306 Fron End Loader 81823667 149 Volvo Backhoe BL60 i VCEOOB60J00010727 150' John Deere 544J Loader - i DW544JZ596611 9MM Komatsu WA 80-5 HSO217 10MM Volvo L25B Loader L25B1752576 8EQ ' Lay -Mor 6HB Broom I 26753 -002 153 ;John Deere 570A Motor Grader i I 001858T 154 11999 Ford F800 Water Truk 1'3FENF80C1XMA02092 f Peter V. Piacenti, Pres. ; ST OR II f i DATE i i STAGE DOOR II, INC. 3208 OVERLAND ROAD APOPKA, FL 32703 407 -578 -2918 FAX 407 -578 -2921 List of Subcontractors Paving — Advanced Paving and Sealcoating — 407-506-3670 Signs and Striping — Angco Striping 407 - 578 -8308 Fencing — All -Rite Fence Company, Inc. 407-295-7093 Electrical work — Chinchor Electric Inc. 386 - 774 -1020 Curbing — RWH Construction, Inc. — 352 - 267 -6224 Form 00505 NOTICE OF INTENT TO AWARD Dated: June 28, 2011 SOLICITATION NO.: IFB 10/11 -14 TITLE OF SOLICITATION: Oleander Ave. Extension The Purchasing department of the City of Sanford is pleased to announce the intention to award bid number: IFB 10/11 -14 in the amount bid of : $539.435.70 to Stage Door II. Inc. whose address is: 3208 Overland Road, Apopka, FL 32703 The completion of the Award is conditioned upon the receipt and approval of the following items by the City of Sanford and approval by the City Commission of the City of Sanford, Florida. The prospective contractor is hereby directed to provide the information listed below within seven(7) days of the date of this notice: a. Statement of organization w /resumes of key personnel, esp. those assigned to this job. b. Statement of experience as a prime contractor, list at least three projects comparable to the one under consideration. c. List of current and past construction projects w /contact information d. List of references including contact information. e. Current (within the past 12 months) audited financial statement. f. List of equipment currently owned or leased and available for this project. g. List of all proposed subcontractors to be utilized. h. Copies of all construction licenses i. Vendor Form attached to this notification j. Insurance certificate per 00618 k. Standard Forms Set Doc. 00435) Any questions regarding this notice may be directed to F. William Smith, Purchasing Manager 407.688.5028 or email: bill.smith @sanfordfl.gov F. William Smith, Purchasing Manager Date NIT i MAILING ADDRESS CITY OF SANFORD POST OFFICE BOX 1788 SANFORD, FLORIDA 32772 -1788 PHYSICAL ADDRESS CITY HALL 300 NORTH PARK AVENUE SANFORD, FLORIDA 32771 -1244 • TELEPHONE 407.688.5028 407.688.5030 FACSIMILE 407.688.5021 EMAIL B ILL. S MITH @S ANFORDFL. GO V WEBSITE W W W. SANFORDFL. GO V CITY COMMISSION JEFF TRIPLETT MAYOR MARK M ARTY DISTRICT I DR. VELMA H. WILLIAMS DISTRICT 2 RANDY JONES DISTRICT 3 PATTY MAHANY DISTRICT 4, VICE MAYOR INTERIM CITY MANAGER TOM GEORGE INVITATION FOR BIDS Date Issued: May 16, 2011 Solicitation Number: IFB 10/11 -14 Solicitation Title: Oleander Ave. Extension Opening Date and Time: June 9, 2011at 2:00 P.M. Project Plans in PDF format in unlocked version Respectfully, F. William Smith, Purchasing Agent 00100 -1 ?4 571464d4 &V ( I AT OF , MAILING ADDRESS CITY OF SANFORD POST OFFICE BOX 1788 SANFORD, FLORIDA 32772 -1788 PHYSICAL ADDRESS CITY HALL 300 NORTH PARK AVENUE SANFORD, FLORIDA 32771 -1244 TELEPHONE 407.688.5028 407.688.5030 FACSIMILE 407.688.5021 EMAIL B ILL. SMITH0SANFORDFL.GOV WEBSITE W W W.SANFORDFL.GO V CITY COMMISSION JEFF TRIPLETT MAYOR MARK M`CARTY DISTRICT I DR. VELMA H. WILLIAMS DISTRICT 2 RANDY JONES DISTRICT 3 PATTY MAHANY DISTRICT 4, VICE MAYOR INTERIM CITY MANAGER TOM GEORGE INVITATION FOR BIDS Date Issued: May 16, 2011 Solicitation Number: IFB 10/11 -14 Solicitation Title: Oleander Ave. Extension Opening Date and Time: June 9, 2011at 2:00 P.M. Addendum 2 Duplicate previous uploaded materials these versions should be helpful in preparing submissions. Following forms are a. Bid Form -form 00410 b. Bid Bond -form 00420 c. Trench Safety- form 00430 d. Bid Schedule Oleander Ave Ext e. 11x17 Oleander Const Plans sheet 2 f. 22x34 Oleander Const Plans sheet 2 Respectfully, F. William Smith, Purchasing Agent 00100 -1 74 57a &Kd4 64 f MAILING ADDRESS CITY OF SANFORD POST OFFICE BOX 1788 SANFORD, FLORIDA 32772 -1788 PHYSICAL ADDRESS CITY HALL 300 NORTH PARK AVENUE SANFORD, FLORIDA 32771 -1244 TELEPHONE 407.688.5028 407.688.5030 FACSIMILE 407.688.5021 EMAIL BILL.SMITH Q SANFORDFL.GOV WEBSITE W W W.SANFORDFL.GOV CITY COMMISSION JEFF TRIPLETT MAYOR MARK M DISTRICT I DR. VELMA H. WILLIAMS DISTRICT 2 RANDY JONES DISTRICT 3 PATTY MAHANY DISTRICT 4, VICE MAYOR INTERIM CITY MANAGER TOM GEORGE INVITATION FOR BIDS Date Issued: May 16, 2011 Solicitation Number: IFB 10/11 -14 Solicitation Title: Oleander Ave. Extension Opening Date and Time: June 20, 2011at 2:00 P.M. Addendum 3 BID OPENING DATE IS CHANGED TO: JUNE 20, 2011 AT 2:00 P.M. SAME LOCATION Respectfully, F. William Smith, Purchasing Manager 00100 -1 ?4 9T &Nd4 Gay 4P7 t--4 INVITATION FOR BIDS 1877 Date Issued: May 16, 2011 Solicitation Number: IFB 10/11 -14 MAILING ADDRESS CITY OF SANFORD Solicitation Title: Oleander Ave. Extension POST OFFICE BOX 1788 Opening Date and Time: June 20, 2011at 2:00 P.M. SANFORD, FLORIDA 32772 -1788 Addendum 4 Statements RE a number of questions: PHYSICAL ADDRESS CITY HALL 300 NORTH PARK AVENUE 1. Note 5 on sheet 23 does not apply to the proposed speed table (the SANFORD, FLORIDA 32771 -1244 grates are for connecting sidewalk to the speed table crossing and there is no sidewalk at the proposed speed table location). We removed the TELEPHONE grates from the drawing and overlooked note 5 which should have also 407.688.5028 been removed. 407.688.5030 FACSIMILE 2. The cross section sheet shows cut and fill numbers, as does the 407.688.5021 pond construction sheet. The City provides ACAD files to the EMAIL Contractor prior to construction, and does not provide ACAD files BILL.SMITH@SANFORDFL.GOV during bidding. WEBSITE WWW.SANFORDFL.GOV 3. Per the Measurement and Payment section, the storm pipe pay item includes excavation. Open cutting of an existing street to install new storm sewer where the street is required to be milled CITY COMMISSION and resurfaced is incidental construction. However, please note addendum no. 4 will add to the limerock and subgrade quantities in JEFF TRIPLETT MAYOR the bid to address those areas where new storm sewer is installed under existing pavement. MARK M DISTRICT I CHANGES TO THE PROJECT MANUAL: DR. VELMA H. WILLIAMS DISTRICT 1. Section 00410, "Bid Form ", remove and replace the Bid Form in its entirety with the attached revised Bid Form. Also attached is the revised Bid RANDY JONES Schedule spreadsheet. The revisions that have been made to the Bid DISTRICT 3 Form are as follows: PATTY MAHANY DISTRICT 4, VICE MAYOR A. Item 10, "Mill and Resurface Country Club Cir. (Sta. 100 +28.82 to 0 105+03.77) Including Overbuild (Sta. 100 +60 to 103 +40) ", the quantity has been changed from "1535" SY to "1623" SY. INTERIM CITY MANAGER Tom GEORGE B Item 24, "8" Limerock Base ", the quantity has been changed from "2576" SY to "2740" SY. C. Item 27, "12" Stabilized Subgrade ", the quantity has been changed from "3125" SY to "3289" SY. Respectfully, F. William Smith, Purchasing Agent PROJECT MANUAL OLEANDER AVENUE EXTENSION IFB No. 10/11-14 May 2011 Prepared By Engineers Architects Planners Landscape Architects TransportattowTraff is Surveyors Environmental scientists Construction Management Certificate of Authorization No.00003215 P.O. Box 2808 Sanford, Florida 32772 -2808 Phone: 407.322.6841 Fax: 407.330.0639 CPH Job No. S0644.01 CERTIFICATIONS PAGE OLEANDER AVENUE EXTENSION IFB NO. 10/11 -14 This Project Manual is certified as follows: Civil Engineer Divisions 1 -3 CPH Engineers, Inc. 500 West Fulton Street Sanford, Florida 32771 P.O. Box 2808 Sanford, Florida 32772 Ph. 407 - 322 -6841 Certificate of Authorization No. 3215 N. Katriina Bowman, P.E. - No. 45155 Date The appendices to this Project Manual may contain information prepared by other professionals, bearing the name, address, and logo of the professional. CPH Engineers, Inc. is not responsible for items prepared by other professionals, and these items are not covered under the above registered professionals' signature and seal. END OF SECTION 00005 -1 SPECLIB082703 PROJECT MANUAL INDEX OLEANDER AVENUE EXTENSION Bidding Requirements, Contract Forms, and Conditions of the Contract 00001 Project Title Page 00001 -1 00005 Certifications Page 00005 -1 00010 Project Manual Index 00010 -1 -00010-2 00015 List of Drawings 00015 -1 00100 Invitation for Bids 00100 -1 -00100-2 00200 Instructions to Bidder 00200 -1 -00200-8 00320 Geotechnical Data 00320 -1 00410 Bid Form 00410 -1 - 00410 -7 00420 Bid Bond Form 00420 -1 - 00420 -2 00430 Trench Safety Statement Form 00430 -1 00510 Notice of Award Form 00510 -1 00520 Agreement Form 00520 -1 -00520-18 00530 Notice to Proceed Form 00530 -1 00605 Performance Bond Form 00605 -1 - 00605 -5 00610 Payment Bond Form 00610 -1 - 00610 -4 00615 Material and Workmanship Bond Form 00615 -1 -00615-3 00617 Consent of Surety to Final Payment 00617 -1 00618 Insurance Requirements 00618 -1 -00618-2 00620 Insurance Certification 00620 -1 00625 Contractor's Application for Payment Form 00625 -1 -00625-2 00626 Certificate of Substantial Completion 00626 -1 -00626-2 00627 Certificate of Final Completion 00627 -1 -00627-2 00640 Contractor's Partial Release of Lien 00640 -1 -00640-2 00645 Contractor's Release of Lien (Final and Complete) 00645 -1 -00645-2 00646 Partial Release of Lien (Subcontractor / Supplier) 00646 -1 -00646-2 00647 Subcontractor / Supplier's Release of Lien (Final and Complete) 00647 -1 -00647-2 00700 General Conditions 00700 -1 -00700-41 00800 Supplementary Conditions 00800 -1 -00800-26 00930 Request for Information 00930 -1 00940 Project Field Order Form 00940 -1 00945 Work Directive Change Form 00945 -1 - 00945 -2 00950 Change Order Form 00950 -1 -00950-5 Division 1 - General Requirements 01110 Summary of Work 01270 Measurement and Payment 01310 Administrative Requirements 01315 Preconstruction Video 01320 Project Completion Schedule 01110 -1 - 01110 -2 01270 -1 - 01270 -16 01310 -1 - 01310 -4 01315 -1 - 01315 -4 01320 -1 00010 -1 SPECLI6111309 01410 Regulatory Requirements 01410 -1 -01410-2 01415 Stormwater Pollution Prevention/ NPDES Requirements 01415 -1 -01415-8 01420 References 01420 -1 -01420-2 01425 FDOT Standards Reference 01425 -1 -01425-2 01450 Quality Control 01450 -1 -01450-3 01520 Temporary Facilities and Controls 01520 -1 -01520-4 01550 Maintenance of Traffic 01550 -1 -01550-2 01630 Product Selection and Substitution Procedures 01630 -1 -01630-2 01750 Contract Closeout 01750 -1 -01750-2 Division 2 - Site Construction 02220 Site Demolition 02220 -1 -02220-5 02230 Site Preparation 02230 -1 -02230-4 02240 Dewatering 02240 -1 - 02240 -3 02310 Finish Grading 02310 -1 -02310-2 02315 Excavation and Fill 02315 -1 -02315-7 02320 Trenching, Bedding and Backfilling 02320 -1 -02320-8 02370 Erosion and Sedimentation Control 02370 -1 -02370-3 02445 Jacking and Boring 02445 -1 -02445-3 02505 Pipeline Removal and Abandonment 02505 -1 -02505-6 02510 Water and Reclaimed Water Distribution Systems 02510 -1 -02510-17 02605 Precast Structures and Appurtenances 02605 -1 -02605-4 02630 Storm Drainage Pipe Systems 02630 -1 -02630-6 02710 Stabilized Subgrade 02710 -1 -02710-4 02715 Limerock Base Course 02715 -1 -02715-2 02740 Paving 02740 -1 - 02740 -2 02820 Fences and Gates 02820 -1 -02820-4 02910 Landscaping 02910 -1 -02910-6 02920 Lawns and Grasses 02920 -1 - 02920 -4 02955 Cleaning and Flushing of Underground Piping 02955 -1 -02955-2 Division 3 - Concrete 03300 Concrete Divisions 4 -16 - Not Used Appendices A. Permits B. Soils and Subsurface Investigations 03300 -1 - 03300 -11 00010 -2 SPECLIS111309 SECTION 00015 LIST OF DRAWINGS SHEET NO. LATEST DATE DESCRIPTION 1 4/29/11 Cover Sheet 2 5/4/11 Summary of Quantities 3 -5 10/1/09 Surve 6 10/20/10 Key Sheet 7 1/10 Key Sheet 8 4/29/11 Typical Sections and General Notes 9 4/28/11 Drainage Structures 10 -14 4/28/11 Plan and Profile 15 4/28/11 Cross Sections 16 4/28/11 Pond Construction 17 1/10 Intersection Plan 18 4/28/11 Intersection Plan 19 4/6/11 Intersection Plan 20 4/28/11 Signing and Marking Plan 21 4/6/11 General Details 22 1/10 Utility Details 23 4/28/11 Seed Table Detail L -1 4/6/11 Landscape Plan L -2 1/10 Landscape Notes and Details E -1 4/29/11 Electrical General Information E -2 4/29/11 Electrical Specifications E -3 4/29/11 Photometric and Power / Lighting Plan E -4 4/29/11 Electrical Details END OF SECTION 00015 -1 SPECLIB030106 N , PURCHASING DEPARTMENT ;R . TRANSMITTAL MEMORANDUM p� To: City Clerk RE: Stage Door H Payment 00610 & Performance Bond 00605 0/11.14 OLEANDER AYE EXTENSION The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ❑ Safe keeping (Vault) ❑ Ordinance ❑ ® Performance Bond ® Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Signature Once completed, please: ❑ Return original ❑ Rel}rn SPY Special Instracdons: For safe keeping Ple advise if you have any questions regarding the above. r From Thank you... -0�p7ri Date TADeptjorms\City Clerk Transmittal Memo - 2009.doc +e'r 11� k4 N SECTION 00605 Bond #964116322 rN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that n� Stage Door II, Inc. (Name of CONTRACTOR) 3208 Overland Road, Apop FL 32703 (407)578 - 2918 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) CONTRACTOR, and The Ohio Casualty Insu Company (Name of SURETY) 1051 Winderley Place, #105, Maitland, FL 32751 (407)875 -0777 (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; Five hundred thirty nine thousand four hundred thirty five in the full and just Sum of and 70/100 DOLLARS ($ 539 ,435.70---- - - - - -- > 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 11th day of July 2011 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: Oleander Ave. Extension IFB 10/11 -14 (Name of Project) (Contract No.) The Project is briefly described as: The extension of 2 lane Oleander Ave. approximately 950 -ft from 18th St to Country Club Cir constructing approximately 1250 -ft of new 10' wide asphalt trail a new 0.5 acre stormwater 00605 -1 sPecu 8091509 pond minor regrading and resurfacinq of Country Club Cir. and Country Club Dr., street lights, and landscaping Storm sewer construction is approximately 2000 -ft (18 " -24 "). The Project is located (address or general location as shown below): Oleander Ave (18` St to Country Club Cir) 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 00605 -2 SPECLIB091509 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 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 waived by OWNER. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against 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 Federal 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 the 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. SPECU8091509 00605 -3 IN WITNESS WHEREOF, this instrument is executed this the 26th day of July 2011 AT T CONTRACTOR Signatory Authority St e Door II, Inc CONTRACTOR Attesting Authority CONTRACTO Signatory Author rklgvts �P` le_ .SEC i�,�r�.�- v ekA- -J Typed Name Typed Name and Title 3208 Overland Road (CORPORATE SEAL) Address Apopka, FL 32703 (Witness to CONTRAC R) City, State, Zip — PC - 66Zk4 L✓fCC^21 (407)578 - 2918 (407)578 - 2921 Typed Name Telephone No. Facsimile No. A oTES : A SURETY f 14 / V e, The Ohio Casualty Insurance Com pany (SURETY) &X ry Attome in -Fact SURETY Deidre R. Padgett (407)875 - 0777 (407)875 - 0778 Typed Name Telephone No. Facsimile No. ORPORATE SEA ) tness as to SURETY Ty , d Name 1 itness as t URETY 5 � Typed Name By: in-FacV Cindy L. Mirisola, Attorney -in -Fac Typed Name 1021 Douglas Avenue Address Altamonte Springs, FL 32714 City, State, Zip (407)389 -3588 (407)389 -8488 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. 00605 -4 SPECLIB091509 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 00605 -5 SPECL18091509 i id. SECTION 00610 PAYMENT BOND Bond #964116322 y, KNOW ALL MEN BY THESE PRESENTS: that j Stage Door II, Inc. (Name of CONTRACTOR) 3208 Overland Road, Apopka, FL 32703 (407)578 -2918 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) CONTRACTOR and The Ohio Casualty Insurance Company (Name of SURETY) 1051 Winderley Place, #105, Maitland, FL 32751 (407)875 -0777 (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 Five hundred thirty nine thousand four hundred thirty five and 70/100 DOLLARS ($ 539,435.70----- - - - - -- ) 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 maybe amended from time -to -time) with the OWNER, dated the 11th day of July 2011 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: Oleander Ave. Extension IFB 10/11 -14 (Name of Project) (Contract No.) The Project is briefly described as: The extension of 2 lane Oleander Ave approximately 950 -ft from 18th St. to Country Club Cir., constructing approximately 1250 -ft of new 10' wide asphalt trail, a new 0.5 acre stormwater 00610 -1 SPECLIB091509 pond minor regradinq and resurfacing of Country Club Cir. and Country Club Dr., street lights and landscaping Storm sewer construction is approximately 2000 -ft (18 " -24 "). The Project is located (address or general location as shown below): Oleander Ave (18` St to Country Club Cir) 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: 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. 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, Florida Statutes. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, before commencing to furnish 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, furnish 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 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. 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 (i) amendments or modifications to 00610 -2 SPECLIBC91509 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 Federal 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. IN WITNESS WHEREOF2 his instrument is executed this the 26th day of July ATTEST: CONTRACTOR Signatory Authority Sta e Door II, I CONTRACTOR Attesting Authority ONTRACTOR ignatory Authority 72rhJi S Typed Name Typed Name and Title 3208 Overland Road Address Apopka, Fl 32703 City, State, Zip (407)578 -2918 (407)578 -2921 (CORPORATE SEAL) b�� I (Witness to CONTRACTOR) - DP by aft Lprc,r ti Typed Name A EST. (S Y) N Attorney in -Fact Telephone No. SURETY Facsimile No. The Ohio Casualty Insurance Com pany SURETY 00610 -3 SPECLIB091509 Deidre R. Padgett Typed Name ORPORA TES E L) d/ vk it ess as to SURETY ho Ty d Name Vitn a asto RETY Typed Name (407)875 -0777 (407)875 -0778 Telephone No. Facsimile No. By: Attorney -in -Fact Cindy L. Mirisola, Attorney -in -Fac Typed Name 1021 Douglas Avenue Address Altamonte Springs, FL 32714 City, State, Zip (407)389 -3588 (407)389 -8488 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 00610 -4 SPECLI13091509 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY Bond #964116322 No. 43 -445 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint: Deidre R. Padgett, Barbara Aldinger, Gerald K. Sihle or Cindy L. Mirisola of Altamonte Spg, Florida its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TEN MILLION ($10,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s) -in -fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 10th day of May, 2010. SEAL ,• � SEAt . '� ��� V J. Timothy D'Errico, Assistant Secretary o 0 STATE OF OHIO, C 4) COUNTY OF BUTLER U) On this 10th day of May, 2010 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and raw qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the O O seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were v duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. 0'a IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first d > above written. rr ✓mac a L j O N 0 d Notary Public in and for County of Butler, State of Ohio O My Commission expires August 5, 2012. 4 This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty z. Insurance Company and West American Insurance Company, extracts from which read: a 1 y Article III, Section 9. Appointment of Attornevs -in -Fact The Chairman of the Board, the President, any Vice - President, the Secretary or any C 1 Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of 4) signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, O C recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, E �j corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board 0 L or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof . 'a v This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, cC c 2004: RESOLVED, That the signature of any officer of the Company authorized under Article I1I, Section 9 of its Code of Regulations and By -laws 0 and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings 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. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICA'T'E I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 26 day of July 2011 SEAL Assistant Secretary V: N N d C . 3 _ r_ ea O vN d W E_ Q. Q M 0� M O a N L O O y T >_ cc0 C , 0 r 0T,