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1409 Star Base Development Co.p z-1877— PURCHASING DEPARTMENT °•a TRANSMITTAL MEMORANDUM w °a C -q To: City Clerk /Mayor RE: Ag reement form 520 for Star Base Development Co The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit ® Mayor's signature ❑ Reco ing G p� Safe keeping (Vault) 0bf ❑ aym ❑ City Manager Signature ® City Clerk Signature Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ❑ Return original ❑ Return copy Special Instructions: Need executed si nag tures Plea advise if you have any questions regarding the above. Thank you... Prom Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc 7. DOCUMENT APPROVAL Contract/Agreement Name: Agreement 520 with Star Base Development Co., IFB 10/11 -09 Oak Ave Stormwater Pond Approval: Purcha 'ng Manager A Date Finance Director `1i �tirr Date Date PtG�v. ems�are, V�wt Fll cJh�� a+kwW � I �{u eo� �Aow�C, �� P dmd `''I may` SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the day of , c)-E7 (A 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 Star Base Development Co. whose principal and local address is 3434 US Highway, Mims, FL 32754 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 Oak Avenue Stormwater Pond IFB 10/11 -09 . 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 1.01C.5 of the Bid Form, which is 120 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 Oak Avenue Stormwater Pond IFB 10/11 -09 substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER 750. -- for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one - fourth (%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 One hundred seventy thousand one hundred thirty three and 00/100 dollars ($170,133.00). Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10 %, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Reserved 00520 -2 Oak Avenue Stormwater Pond IFB 10/11 -09 J. 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 PurchaseMork Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of 00520 -7 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 /NA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the /NA 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 or 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 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 Oak Avenue Stormwater Pond IFB 10/11 -09 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACT R: S TA R A 20f 0' Name of Fir By (Signature) Date (SEAL) r lly •.� � l u v 1 �-c. Printed Name and Title ATT 9� 7 y ( ignature) Date Printed Name and Title OWNER: Name of Owner & r By (Signature) Date (SEAL) Printed Name avid Title A7� By (Signature Date e- r v\ 4 c1 1' o rCF r D jq,--4 6tv Clerk Printed Name and Title ( E N D OF SECTION 00520 -17 Oak Avenue Stormwater Pond IFB 10/11 -09 i I R - 187 {r CITY COMMISSION MEMORANDUM 11-0 -E �r .TUNE 13, 201 1 AGENDA ° TO' Honorable Mayor and Members of the City Commission , PREPARED BY Michael Watson, Senior Public Works Inspector SY SUBMITTED BY Tom George, Interim City Manager J blr SUBJECT: Oak Ave Retention Pond Project SYNOPSIS: Approval to award a construction contract for the Oak Avenue Retention Pond Project to Star Base Development Company the lowest responsive bidder is requested. FISCAL/STAFFING STATEMENT: The total amount requested is $187,146.30; this includes the base bid amount of $170,133 and a 10% contingency of $17,013.30 to Star Base Development Company. Funding is available in the Storm Water Fund Balance Account. BACKGROUND: The project involves construction of a retention pond, removing old undersized drainage pipes and street replacing them with newer larger pi S1�r Ba el the intersection to Development Company does not qualify, staff localized flooding problems in this a would r award this contract to the next lowest responsive bidder. LEGAL REVIEW: The City Attorney will draft an appropriate construction contract upon approval by the City Commission. RECOMMENDATION: It is staff s recommendation that the City Commission authorizes the Mayor to execute a construction contract for the Oak Ave. Retention Pond Project to Star Base Development Company in the amount of $170,133 and a 10% contingency of $17,013.30. SUGGESTED MOTION: "I move to award a construction contract for the Oak Ave. Retention Pond Project to Star Base Development Company in a form approved by the City Attorney, City Purchasing Agent, and that the City Manager is authorized to take all actions necessary to implement the project." Attachment: Bid Tally Sheet City of • • • Opening 5/26/2011 • 11' Bid Open Bill Smith Purchasing. Mana er 24th Street & Oak Avenue Pond Tel 407.688.5028/5030 Fax 407.688.5021 Contractor Total Base = • AJC Construction LLC. $197,672.00 Built -Rite Construction $212,019.69 CE James Inc. $187,921.00 CM Engineering Services Florida $223,745.00 CMA $257,601.73 CONPILOG Construction Division $221,553.20 Crossroads Site Development & Underground Utilities $196,576.00 EDEN Site Development $226,139.00 Gre on Construction & Engineering Inc $238,115.00 P &S Paving $192,311.60 Stage Door II Inc. $195,717.50 Star Base Development Company $170,133.00 Wal -Rose Inc. $183,326.00 • 1) ORIGINAL SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the Oak Avenue Stormwater Pond (IFB No.10/11 -09), is hereb made to City of Sanford hereafter called the Owner. This Bid is submitted by (1) •S =ar 6tse 9,111P lop 4- c . S 6 . (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 Dated " "wl Number _� Dated d �! Number Dated / r 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 120 calendar days of the date of the Notice to Proceed. i 00410 -1 wE ` 0 �� _ Oak Avenue Stormwater Pond NAME OF BIDDER IF (IFB 10/11 -09) 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. (This area left blank intentionally) �)e 00 � 41 a 0 -2 V 1-�. C ' Oak Avenue Stormwater Pond ME OF BIDDER (IFB 10/11 -09) W 0 0 m LL z O N a � / w w O � �O O LL N J W N W W LL > x OQ �Q o 50 m J W a co o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C3 0 C) C) 0 0 0 F- O O o0000000O0004 oo00 ONO0oM0000000W) OOOOCO00000M0 qt LO NcMOO0000coC0 000o �d0t`oMM o-tO ONr LO Wr--W"Mt•NN`tDOONO'-ItoM WN CO V : 6- t M M 6 M' M N C �� N L6 X 4 1 N N ti 1- N � tf3 Efl tf} Ef3 Ef3 64 6 EA EA 6% 6 t!? V3 tf3 60 to 619 tt? to W EA 6 to 6 60 6 6 69 H w Z V O O o o 0 0 0 0 c) o 0 N 0 o 0 M 0 o 0 0 0 0 0 0 0 0 0 c) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O OoOO�& o0oto -I 0C3 C3 W M 6 W) C3 cn C3 C3 M 03 COtnoLO to "N COLO C CW"000o000U') f- o000o000It d O �OW) Vi vi O 4 V) W. 6 � W 6q to 6 to t!3�'IT V> N N B ON C W) C6 U') 1 d' tf! 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O r 0 0 a: W ❑ m LL O W z J w 0 0 0 0 0 0 0 0 0 0 0 Q V 0 0 0 0 0 0 0 0 0 0 0 F OCC)0CD0000Iq LA0 0 2 Ha 00MO0') M�tONoCN0WNwO 000 �O EA 6-1 o 60 Eli W3 M M EA EA EA E!) T F 0 0 0 0 0 0 0 0 0 0 0 Z U 0 0 0 0 0 0 0 0 0 0 0 00 CV) 00 MEA�OOO'qTCAIqTfl- CN OD Q C) C) Q OD LO 90 IL EF) 6% Eli O O EA to M vy Eli M EA fR H 0 Nr�Mi- OD Q 0��ti LO ��- >- LL aaaLL aaa Z CnCn(n-1 wwwJwww C N J � U C . N m -Nc 0- Q' U N CU m m Z N � �- Cp c m �, w N T v E U OaU o - (D - c_ m T 3 m -T m U U C Z O _m F-F- t� CO V N COLS O F- Z3 � Z U a c ._ 0 N 3 m m Z O CD o m m c ti = N O U _ v o N i a p m c W 3 N m _ N cy, LL > N Z L m U N O EU o— m p O U lu N c c v c E m y G UUc sin2zim J � a WO Z Mv� (Ot� ao (�O�NM c ) ' T coCMMM��sY�H 1 7 O T O ri C.1 � n h V N w �� w 0 m U- 0 w Z `� 1.04 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. 1.05 RESPECTFULLY SUBMITTED, signed and sealed thi day of C, fI serge t�7e.v�1T, � L • . 1� G. Contractor By (Signature) f ti'l J Date a Q l� t k& to A V 1 �. i Pr t I�QCYI i Printed Name and Title 3L3 y L'S / Business Address In Irl ��.� -75 � (CORPORATE SEAL) City State Zip Code 3x1 3 .21 3(3 Telephone No. Facsimile No. ATTEST,' /i Ile �c C f: C1 �� . t.av� ,) t is S By (Signature) Date Name and Title /L "-) END OF SECTION fro Bi MELINDA LEA POLLOCK E Notary Public - State of Florida �� do My Comm. Expires Apr 29, 2014 ... ; Commission # DO 987334 00410 -5 s i �- J�E- Oak Avenue Stormwater Pond NAME OF BIDDER (IFB 10/11 -09) 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. J Submitted, signed and sealed this day of Bidder S ignature Printed Name and Title ATTEST: Sig ature Date (SEAL) END OF SECTION SPECLIB052803 OLLO MELINDA LEA P x� 0tar Jf�R�4Xt46Prk11 " `• L �k8� -. tat got a► � $ Z'. �(lorida �, o �„ Egpl,es APr 29. 2014 00430 -'I F :P`� Commission # DD 987334 Trench Safety Measure ( Descrip tion) Units of Measure (I SF, SY Unit Quantity Unit Cost Extended Cost A S /e 4 e B C D E F TOTAL $ gS� 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. J Submitted, signed and sealed this day of Bidder S ignature Printed Name and Title ATTEST: Sig ature Date (SEAL) END OF SECTION SPECLIB052803 OLLO MELINDA LEA P x� 0tar Jf�R�4Xt46Prk11 " `• L �k8� -. tat got a► � $ Z'. �(lorida �, o �„ Egpl,es APr 29. 2014 00430 -'I F :P`� Commission # DD 987334 DATE: 07/20/11 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 11707 TO: PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 STAR BASE DEVELOPMENT CO, INC 3434 US HIGHWAY ONE MIMS, FL 32754 PO NUMBER 032517 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 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 62792 ACCOUNT NO.: 402 - 4045 - 541.63 -00 PROJECT NO.: PW1102 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 24TH & OAK AVE STORMWATER POND 170133.00 NA 1.00 170133.00 BID NO. IFB 10/11 -09 SUB TOTAL 170133.00 TOTAL 170133.00 APPROVED BY: APPROVED BY: P A NG A N CITY ANAGER 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.GOV /DEPARTMENTS /PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING Executed in 2 Counterparts SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Star Base Development Company, Inc. , as Principal, and (2) United Fire & Casualty Company as Surety, are hereby and firmly bound unto (3) The City of Sanford , as Owner, In the penal sure of (4) Five Percent of Amount 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 (3) The City of Sanford a certain Bid for (6) Oak Avenue Stormwater Pond 24th Place to Oak Ave., Sanford, FL , attached hereto and hereby made a part hereof. f) Wdder 1) Surety 3) Owner 4) Amount of Bond as Required In the Insfraatims to Bkiders 5) Name of PMJecr as 51:0M in Invitation foraft NOW, THEREFORE, A. if said Bidder shall be in rejected, or In the alternate, B. It said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of -this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be In no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. 00420.1 ePeOAMMw 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 affoced and these presents to be signed by. their proper officers. Signed and sealed this 26th day of May . 2011 ATTEST: 0�2 By (Principal Officer) t/ Typed Name and Title (CORPORATE SEAL) B y Cheryl Foley, Witness Typed Name and Title (SEAL) Star Base Development Company, Inc Principal By (Signatu K of Officer) -C,4 C I Cl u.. �1 u v Typed Name and Title 3434 US Highway 1 Address Mims, FL 32754 City, State, Zip United Fire & Casualty Company Surety Attomey -In -Fact Teresa L. Durham, Attorney -in -Fact and Florida Licensed Resident Agent Typed Name and Title PO Box 73909 Address Cedar Rapids, IA 52407 -3909 City, State, Zip (319) 399 -5700 (319) 399 -5425 Telephone No. Facsimile No. END OF SECTION 00420 -2 UNITED FIRE & CASUALTY COMPANY HOME OFFICE CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the`, State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint LESLIE M >DONAHUE, OR KIM E NIV OR JEFFREY W REICH, OR SUSAN L REICH, OR <TERESA L DURHAM, OR PATRICIA L SLAUGHTER, OR J GREGORY MACKENZIE',_OR GLORIA A RICHARDS, OR DON'BRAMLAGE, OR LISA ROSELAND, CHERYL FOLEY, ALL INDIVIDUALLY of MAITLAND FL its true and lawful Attorney (s) - in - Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds undertakings and other obligatory instruments of similar nature as follows: Al I bonds not to exceed $25,000,000.00 and to bind UNITED' FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby. granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on April 1.8, 1973: "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized; hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or ,special rpower of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney -in -fact: IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by lc "` its vice president and its corporate seal to be hereto affixed this 27th day of January, 2010 p r p CORPORATE C —• —, UNITED FIRE & CASUALTY COMPANY _ B y 9 e��,� State of Iowa; County o€ Linn, ss: -Vice President On 27th day of January, 2010, before me personally came Dennis J. Richmann to me known, who being by me duly. sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE &CASUALTY COMPANY, the corporation described in and which executed the above' instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the. Board of Directors of said corporation and that he signed his name thereto pursuant to Like authority, and acknowledges same to be the act and. deed of said corporation. Mary A. Jansen Iowa Uq.i Seal commission number 713273 My commission Expires 10126/13 Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power. of Attorney and affidavit, and the copy of the Section of the by -laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect, %AVC q","nr,,�� In testim m ny ereof I have hereunto subscribed name and affixed the corporate seat of the said Company y �a� this _! day of 1 l CORPORATE � ZZ ,. _. y 9EAt hill Secretary SPOA00190706 40 FLORIDA SURETY BONDS, INC. 620 N. Wymore Road, Suite 200 Maitland, FL 32751 407 - 786 -7770 Fax 407 - 786 -7766 1326 S. Ridgewood Avenue, Suite #15 Daytona Beach, FL 32114 386- 898 -0507 Fax 386 - 898 -0510 888- 786 -BOND (2663) Fax 888 - 718 -BOND (2663) June 30, 2011 City of Sanford 300 North Park Avenue Sanford, FL 32771 Re: Authority to Date Bonds and Powers of Attorney Principal: Star Base Development Company, Inc. www.FloridaSuretyBonds.com Bond No.: 54- 184749 Project: Contract No. IFB 10/11 -09, Oak Avenue Stormwater Pond, 24th Place and Oak Avenue, Sanford, FL 32771 Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please fax a copy of the bonds to our office. Sincerely, United Fire & Casualty Company Teresa L. Durham Attorney -in -Fact and Florida Licensed Resident Agent Public Work Executed In 2 Counterparts F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 54- 184749 CONTRACTOR NAME: Star Base Development Company, Inc. CONTRACTOR ADDRESS: 3434 US Highway 1 Mims, FL 32754 CONTRACTOR PHONE NO: (321) 383-9520 SURETY COMPANY: United Fire & Casualty Company PO Box 73909 Cedar Rapids, IA 52407 -3909 (319) 399 -5700 OWNER NAME: City of Sanford OWNER ADDRESS: 300 North Park Avenue Sanford, FL 32771 OWNER PHONE NO.: (407) 330 -5600 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $170,133.00 CONTRACT NO.: (If applicable) Contract No. IFB 10/11 -09 DESCRIPTION OF WORK: Oak Avenue Stormwater Pond PROJECT LOCATION: 24th Place and Oak Avenue, Sanford, FL 32771 LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. Bond No. 54- 184749 SECTION 00605 Executed in 2 Counterparts PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Star Base Development Company, Inc. (Name of CONTRACTOR) 3434 US Highway 1, Mims, FL 32754 (321) 383 -9520 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or individual) CONTRACTOR, and United Fire & Casualty Company (Name of SURETY) PO Box 73909, Cedar Rapids, IA 52407 -3909 (319) 399 -5700 (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 One Hundred Seventy Thousand One Hundred Thirty Three and 00/100--------- - DOLLARS ($170, 133. 00 -------------------------------- 1 in lawful money of the United States, for the payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY. bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating thereto and as the Agreement may be amended from time -to -time) with the OWNER, dated the day of a copy of which may be hereto attached, but, in any event, is maintained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: Oak Avenue Stormwater Pond IFB 10/11 -09 (Name of Project) (Contract No.) The Project is briefly described as: Construction of a new wet detention pond, approximately 488 -ft of redeveloped 2 lane roadway and 323 -ft of storm sewer (18 "- 36'). . 00605 -1 SPECU a M9 The Project is located (address or general location as shown below): 24 Place and Oak Avenue Sanford Florida 32771 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 (11) 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: (1) fully take over performance of the CONTRACTOR's work under the Agreement in a plenary manner and be the completing surety even if performance of the CONTRACTOR's work exceeds the CONTRACTOR's contract price under the Agreement, or (ii) re -bid and re -let the 00605 -2 SPECUM15M 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. IN WITNESS WHEREOF, this instrument is executed this the day of ATTEST.• 63NTRA — CT — BR Attes ing Authority Star Base Development Company, Inc. CONTRACTOR Signatory Authority CONTRACTOR Signatory Authority 006053 SPECLUMIM J ' TA R , k5t A� La. 44Lll � Typed Name (CORPORATE SEAL) wo tness to CONTRACT ( ) Typed Name ATT T. (SURETY) Secretary Susan L. Reich Typed Name (CORPORATE SEAL) Witness as to SURETY Lisa Roseland Typed Name . Wrtness as to SUR Donna Keefer Typed Name &W t A C- tz a, i� y Typed Name and Title 3434 US Highway 1 Address Mims, FL 32754 City, State, Zip (321) 383 -9520 (321) 383 -1465 Telephone No. Facsimile No. SURETY United Fire & Casualty Company SURETY (319) 399 -5700 (319) 399 -5425 Telephone No. Facsimile No. Attorney -in -Fact and Florida Licensed Resident Agent Teresa L. Durham Typed Name Inquiries: (407) 786 -7770 PO Box 73909 Address Cedar Rapids, IA 52407 -3909 City, State, Zip (319) 399 -5700 (319) 399 -5425 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power- of- Attomey appointing individual Attorney -in -Fact for execution of Bond on behalf of SURETY. END OF SECTION 00606 -4 SPECLU1091509 THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. SECTION 00610 Bond No. 54- 184749 Executed in 2 Counterparts PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Star Base Development Company, Inc. (Name of CONTRACTOR) 3434 US Highway 1, Mims, FL 32754 (321) 383 -9520 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR and United Fire & Casualty Company (Name of SURETY) PO Box 73909, Cedar Rapids, IA 52407 -3909 (319) 399 -5700 (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 One Hundred Seventy Thousand One Hundred Thirty Three and 00/100--------- - DOLLARS ($ 170, 133. 00-------------------------- - - - - -- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally. firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating thereto and as the Agreement may be amended from time- to-time) with the OWNER, dated the day of a copy of which may be hereto attached, but, In any event, is maintained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: Oak Avenue Stormwater Pond IFB 10/11 -09 (Name of Project) (Contract No.) The Project is briefly described as: Construction of a new wet detention pond approximately 488 -ft of redeveloped 2 lane roadway and 323 -ft of storm sewer (18 "- 36 "). 006'10 -1 3MCUMM9 The Project is located (address or general location as shown below): 24' Place and Oak Avenue. Sanford. Florida 32771 The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly make payments to all claimants as defined in Sections 255.05 and 713.01, Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other intents and purposes for the benefit of the OWNER. 2. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sections 713.23 and 713.18, Florida Statutes. 3. 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 privily 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 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 00610 -2 SPECL18OMM SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. 6. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. IN WITNESS WHEREOF, this instrument is executed this the I day of ATTEST. ' rye C NT Attesting Authority Typed Name (CORPORATE SEAL) (Witness to CONT ACTOR Typed Name ATTEST (SAXETY) Secretary Susan L. Reich Typed Name Star Base Development Company, Inc. CONTRACTOR Si atory Authority r Y CONTRACTOR Signatory Authority Typed Name and Title 3434 US Highway 1 Address Mims, FL 32754 City, State, Zip (321) 383 -9520 (32 383 -1465 Telephone No. Facsimile No. SURETY United Fire & Casualty Company SURETY (319) 399 -5700 (319) 399 -5425 Telephone No. Facsimile No. 00610 -3 (CORPORATE SEAL) Witness as to SURETY Lisa Roseland Typed Name &M e Vftess as to SORETY Donna Keefer Typed Name By: Attomey -in -Fact and Florida Licensed Resident Agent Teresa L. Durham Typed Name Inquiries: (407) 786 -7770 PO Box 73909 Address Ce dar Rapids, IA 52407 -3909 City, State, Zip (319) 399 -5700 (319) 399 -5425 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR Is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power- of- Attomey appointing individual Attomey -in -Fact for execution of Bond on behalf of SURETY. END OF SECTION 00610 -4 sMuMIwe UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEIN, BY THESE PRESENTS, That the UNITED FIRE &'CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make; constitute and appoint LESLIE M,DONAHUE, OR KIM E OR JEFFREY W REICH, OR S USAN i REICH, OR TERESA L DURHAM, OR PATRI,CIA L SLAUGHTER_OR J GREGORY MACKENZIE, OR GLORIA A RICHARDS, OR DON BRAMLAGE, OR LISA' ROSELAND, CHERYL FOLEY, ALL INDIVIDUALLY of MAITLAND FL its true and lawful Attomey(s) -in -Fact' with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings' and other obligatory instruments of similar nature as follows: 'A11 bonds not to exceed $25,000,000.00 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby. granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adapted by Board of Directors of the Company on April 1'$, 1973: "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or arty other 'rofficer ' +of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, ;bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized. hereby,and< the Corporate seal, may be affixed by facsimile to any power of attorney or 'special power, of attorney or certification of either, authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force' and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such` instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any. attorney -in- fact. � IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 27th day of January, 2010 < — s- Z UNITED FIRE CASUALTY COMPANY By 9_e��.. State of Iowa, County of Linn, ss: Vice President' On 27th'day of January, 2010, "before me personally came Dennis J. Richmann to me known, who .being by ms d:uIsworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice' President of the UNITED FIRE & ..CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to bete act. and deed of said corporation. Mary A. Jansen p Iowa tigl�,rigi Seal �K Commission number 713273 Commission Expires 10!26113 Notary Public BPOA00190706 --__ -_ - - -- -- ---.. _.. _, .. — — oo 1— nn — nno — nnn ALO t CERTIFICATE OF LIABILITY INSURANCE 06iiizo 1 PRODUCER (321)383 -4554 FAX (321)383 -4523 J.W. Edens & Company, Inc. P.O. Box 278 Titusville, FL 32781 -0278 Kimberly Bacon THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Star Base Development Company, Inc. 3434 US 1 Mims, FL 32754 -5501 INSURER Southern Owners Insurance Co. 10190 INSURERS Phoenix Insurance Company LIMITS )NSURERc Bridgefield Employers Ins. Co. INSURER D 72740859 INSURER E 04/01/2012 my THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INTR NS 'L TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE OATS MMIDD POLICY EXPIRATION DATE MMID LIMITS AUTHORIZED REPRESENTATIVE j`t C — GENERAL LIABILITY 72740859 04/01/2011 04/01/2012 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,00 CLAIMS MADE O OCCUR MED EXP (Any one person) $ 10 A PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2, 000, OU GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2 , 000 , OO X POLICY PE6 LOC AUTOMOBILE LIABILITY BA609OR540 08/05/2010 08/05/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000, BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) B BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESSIUMBRELLA LIABILITY 4449058702 04/01/2011 04/01/2012 EACH OCCURRENCE $ 1,000,00 X OCCUR ❑ CLAIMS MADE AGGREGATE $ 1,000,00 A $ $ DEDUCTIBLE R X RETENTION $ 10,000 $ WORKERS COMPENSATION AND 83047848 04/17/2011 04/17/2012 X WC STATU- X orH I. TOP FR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,00 C ANY PROPRIETOWARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1,000,00 OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000, 00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ity of Sanford is an additional insured with respect to all policies except Workers Compensation ACORD 25 (2001/08) FAX: (407)688 -5081 © ACORD CORPORATION 1998 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Sanford 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Cathy BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 1788 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Sanford, FL 32772 AUTHORIZED REPRESENTATIVE j`t C — 3. Wayne Edens KIM ACORD 25 (2001/08) FAX: (407)688 -5081 © ACORD CORPORATION 1998 1 74 Sze eau 4 J?4XV INVITATION FOR BIDS Date Issued: April 24, 2011 Solicitation Number: IFB No. 10/11 -09 MAILING ADDRESS CITY OF SANFORD Solicitation Title: Oak Avenue Stormwater Pond POST OFFICE BOX 1788 SANFORD, FLORIDA 32772 -1788 Opening Date and Time: May 26, 2011 at 2:00 P.M. PHYSICAL ADDRESS The City of Sanford, Florida hereby requests sealed bids from qualified bidders as CITY HALL indicated below and specified in the solicitation for a Project known and identified 300 NORTH PARK AVENUE as Oak Avenue Stormwater Pond will be received by the City of Sanford, Florida, SANFORD, FLORIDA 32771 -1244 at the office of Mr. F. William Smith, Purchasing Agent, 300 North Park Avenue, • Room 236, Sanford, Florida, until May 26, 2011 at 2:00 p.m., at which time the TELEPHONE Bids will be publicly opened and read aloud in the City Commission Chambers, 407.688.5028 Room 117, 300 North Park Avenue, Sanford, Florida. FACSIMILE 407.688.5021 The project consists of constructing a new 0.4 acre stormwater detention pond, landscaping along the pond, reconstruction of approximately 488 -ft of 2 lane EMAIL roadway and installing 323 -ft of storm sewer and inlets (18 "- 36 ") SMITH Bp(7 ANFORDFL.GOV WEBSITE Solicitation packages including general specifications, terms, conditions, general VVVVW.SANFORDFL.GOV instructions, submission documents and relevant information are now available. • Copies are also available for purchase from the City of Sanford Public Works CITY COMMISSION Dept., City Hall, 2 nd Floor, 200 North Park Ave., Sanford, Florida, 32771; Phone 407 - 688 -5000 Ext. 5402; Fax 407 - 688 -5081 upon payment of $40 for each set, JEFF TRIPLETT which is non - refundable. Only complete sets of the Solicitation Package will be MAYOR distributed. Only registered holders of the Solicitation Package will receive MARK MCCARTY addenda. Solicitation Packages are also available for review at the City DISTRICT 1 purchasing office, and the following plan rooms: DR. VELMA H. WILLIAMS 1. Central Florida Builders Exchange, 340 N. Wymore Road, Winter Park, Florida DISTRICT 2, VICE MAYOR 32789 -2823. RANDYJONES 2. Florida East Coast Builder's Exchange, 644 Clearlake Road, Suite D, Cocoa, DISTRICT Florida 32922 -6310 PATTY MAHANY DISTRICT Bid bonds are required in accordance with the Solicitation Package. All questions regarding the project should be directed in writing to Robert Beall, Project • manager, City of Sanford, Fax No. 407 - 688 -5081. Questions received less than INTERIM CITY MANAGER seven (7) calendar days prior to bid opening will not be answered. The City THOMAS J. GEORGE reserves the right to accept or reject any or all bids in whole or in part with or without cause, to waive technicalities, or to accept the bid(s) which, in its judgment, best serves the interest of the City. PURCHASING MANAGER F. WILLIAM SMITH Submissions delivered after the date and time indicated above will be returned unopened to the sender. Submissions not enclosed in a sealed envelope will be rejected. 00100 -1 74 Sze eau 4 J?4XV C?INF(1R11 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 R SANFORDFL.GOV WEBSITE W W W.SANFORDFL. GO V • CITY COMMISSION JEFF TRIPLETT MAYOR MARK M DISTRICT 1 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 10111 -09 Solicitation Title: Oak Ave Stormwater Pond 24 Place and Oak Avenue Opening Date and Time: May 26, 2011 at 2:OOP.M. Project Plans in PDF format in unlocked version Respectfully, F. William Smith, Purchasing Agent 00100 -1 7/w 7ueW4 6:rl MAILING ADDRESS CITY OF SANFORD POST OFFICE BOX 1788 SANFORD, FLORIDA 32772 -1785 PHYSICAL ADDRESS CITY HALL 300 NORTH PARK AVENUE SANFORD, FLORIDA 32771 -1244 • TELEPHONE 407.688.5028 407.688.5030 FACSIMILE 407.688.5021 EMAIL BELL. SMITH [t SANFORDFL.GOV WEBSITE W W W.SANFORDFL.GO V CITY COMMISSION JEFF TRIPLETT MAYOR MARK M`CARTY DISTRICT I DR. VELMAH. 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 -09 Solicitation Title: Oak Ave Stormwater Pond 24 Place and Oak Avenue Opening Date and Time: May 26, 2011 at 2:OOP.M. Addendum 2 1. Correct Opening date to May 26, 2011 at 2:00 P.M. 2. And 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 Oak Ave Res / ectfully, F. William Smith, Purchasing Agent 00100 -1 ?(e 64ty f F 1 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 [t SANFORDFL.GOV WEBSITE W W W. SANFORDFL.GO V 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 -09 Solicitation Title: Oleander Ave Extension Opening Date and Time: May 26, 2011 at 2:OOP.M. Addendum 3 Correct Solicitation Title Oak Ave Stormwater Pond 24 Place and Oak Avenue Respectfully, F. William Smith, Purchasing Agent 00100 -1 74 914CO 4 4 EXHIBIT A WORK ORDER No. 1 Page, 16 of 28 WORK ORDER NO. 1 TO City of Sanford Contract With CPH Engineers, Inc. For Stormwater Improvement Plan, Roadway and Intersection Design RFSOQ 01/ 02 -28 This Work Order No. 1 dated this 17'", day of November, 2004, to a Contract previously entered into on the le day of November, 2004, by and between the City of Sanford, , Florida, hereinafter referred to as the CITY, and CPH Engineers, Inc., hereinafter referred to as the CONSULTANT, is mutually agreed upon and declared an extension of the original Contract entitled "City of Sanford Contract with CPH Engineers, Inc, for Erigineennd Stormwater Improvement Plan, Roadway and Intersection Design, RFSOQ 01/02 -28. It is the intent of this Work Order to provide for Engineering Services in connection with the Downtown Stormwater Improvements - Southeast Outfall, Cloud In the event of a conflict between this Work Order and the original Contract, the provisions of this Work Order shall apply for the work described herein. SECTION 1 GENERAL The CITY has received an SRF Loan for the planning and design of the proposed stormwater improvements. The facilities planning has been completed and the design and permitting of the improvements must be completed to obtain the SRF funding from FDEP for construction. This authorization is to generally provide for engineering services for the design and permitting of the stormwater improvements identified in the SRF Stormwater Facilities Plan. The improvements Identified in the Facilities Plan that are to be final designed and permitted under this Authorization are as follows: Page 17 of 28 Southeast Outfall consisting of a new pipeline or combination pipeline open ditch along North St /1" Drive from Mellonville Avenue to the Seminole County Club II Borrow Pit Pond, located west of Brisson Avenue. Cloud Branch Phase 2 consisting. of a new stormwater detention pond at Coastline Park, and channel and culvert crossing improvements from the Railroad crossing to 3 fd Street. 1 e Street Outfall consisting of upgrading the storm sewer trunkline along 13' St. from Park Ave. to U.S. 17 -92, and from U.S. 17 -92 to le Street, and along I e Street to Cloud Branch at Coastline Park. le Street Outfall consisting of upgrading the storm sewer pipeline along 10'' St. from U.S. 17 -92 to its . connection point with the le Street outfall on le Street (between Holly Ave. and Maple Ave.) Railroad Outfall consisting of upgrading the storm sewer trunkline along the railroad tracks from Palmetto Avenue to i i d ' Street, and from 11 Street to Cloud Branch. The CONSULTANT has previously assisted the CITY in obtaining funding for the project under the State Revolving Fund (SRF) Loan Program. In order to maintain the eligibility for financing under the SRF program, the CONSULTANT will provide coordination and assistance in obtaining necessary approvals of design documents and permitting for these projects. SECTION 2 SPECIFIC SERVICES OF THE CONSULTANT The CONSULTANT agrees to perform professional engineering services in connection with the project as hereinafter stated. The CONSULTANT will serve as the CITY's professional engineering representative in those phases of the project to which this Scope of Services applies, and will give consultation and advice to the CITY during the performance of his services. Attached to this Work Order is a manhour breakdown for the project Scope of Services. Design and Permitting - Southeast Outfall The CONSULTANT will obtain information along proposed route, field review potential conflicts and areas to be addressed during design or construction. The CONSULTANT will attend a kick -off meeting with City and County staff (necessary in order to coordinate connection to the County's Club II Borrow Pit pond), review route, available information. The CONSULTANT will survey the approximate 4000 LF route from Mellonville Ave. to the Club II Borrow Pit pond (and will use the existing topographic aerials as the survey base). The surveying includes profiling along North Street/1'` Dr., establishing a horizontal and vertical 50' grid from the centerline of ditch to the right -of -way fine, Page 18 of 28 location of existing visible above ground Improvements and utilities, locating the horizontal location of underground CITY owned utilities as flagged by the CITY, locating storm and sanitary structures (pipe sizes and invert elevations). The CONSULTANT will . obtain from the geotechnical subconsultant soil and groundwater Information, and construction recommendations. The CONSULTANT will, using its in -house environmental scientist, assess the route, coordinate with review agencies, and prepare an environmental report addressing proposed impacts to the wetlands and surface waters for use iri pemnitting. Preparation of a detailed mitigation plan is not anticipated to be required and is not included. The CONSULTANT will submit monthly progress reports to CITY during the design and permitting phase. The CONSULTANT will update the storm sewer modeling (conducted during the planning phase) to finalize pipe and ditch design. The CONSULTANT will prepare 90% construction plans consisting of: Cover Sheet Summary of Quantities Key Sheet and General Notes Plan and Profile (8 Sheets, 1" =20' Scale) Cross Sections (Every 400' ( + / -), 2 Sheets) Detail Sheet The CONSULTANT will prepare an opinion of probable construction cost based on the 90% construction plans. The CONSULTANT will submit the 90% drawings to CITY, attend a review meeting with CITY. The CONSULTANT will make minor revisions to plans as result of the review meeting with CITY. The CONSULTANT will prepare the St. Johns River Water Management District (SJRWMD) permit application, hydraulic calculations and report, and submit the calculations and report with the 90% plans to the SJRWMD. The CONSULTANT will also submit calculations and plans to the County stormwater division for approval if necessary. The CONSULTANT will prepare a County R/W Use Permit Application (If needed for the construction of the pipeline /ditch regarding), and will submit the plans and application to County. The CONSULTANT will prepare a Project Manual consisting of front end documents and technical specifications, and submit it to the CITY for review. The CONSULTANT will revise the plans based on SJRWMD and County review. The CONSULTANT will submit the plans and Project Manual to FDEP for approval under the SRF program, and make revisions based on FDEP review. Page 19 of 28 The CONSULTANT will update the previously prepared Opinion of Probable Construction Cost and Project Manual. The CONSULTANT will submit the 100% plans and Project Manual to the CITY. Design and Permitting — Cloud Branch Phase 2 The CONSULTANT will obtain information along proposed route, field review potential conflicts and areas to be addressed during design or construction. The CONSULTANT will attend a kick -off meeting with City staff, review route, available information. The CONSULTANT will survey the proposed pond site at Coastline Park, approximately 1800 LF of existing Cloud Branch channel from the railroad to 3 I Street, and will use existing topographic aerials as the survey base. The surveying includes profiling along the channel, establishing a horizontal and vertical 50' grid from the centerline of the channel, provide mapping of the existing parcels along the channel, locating existing visible above ground improvements and utilities, locating the horizontal location of underground CITY owned utilities as flagged by the CITY, locating storm and sanitary structures (pipe sizes and invert elevations). Detailed tree surveying and 'locations by survey are not included. The CONSULTANT will obtain from the geotechnical subconsultant soil and groundwater information at the pond site and 3 culvert crossings, plus construction recommendations. The CONSULTANT will, using its in -house environmental scientist, assess the route, coordinate with review agencies, and prepare an environmental report addressing proposed impacts to the wetlands and surface waters for use in permitting. Preparation of a detailed mitigation plan is not anticipated to be required and is not included. The CONSULTANT will submit monthly progress reports to CITY during the design - and permitting phase. The CONSULTANT will update the Cloud Branch stormwater model (conducted during Cloud Branch Phase 1 design phase) to finalize pond design and upsizing of the road and railroad crossing culverts. The CONSULTANT will prepare 90% construction plans consisting of: Cover Sheet Summary of Quantities Key Sheet and General Notes Plan and Profile (5 Sheets, 1 " =20' Scale) Cross Sections (Every 400' ( +/ -),1 Sheet) Detail Sheet The CONSULTANT will prepare an opinion of probable construction cost based on the 90% constriction plans. Page 20 of 28 The CONSULTANT will submit the 90% drawings to CITY, attend a review meeting with CITY. The CONSULTANT will make minor revisions to plans as result of the review meeting with CITY. The CONSULTANT will prepare the St. Johns River Water Management District ( SJRWMD) permit application, hydraulic calculations and report, and submit the calculations and report with the 90% plans to the SJRWMD- The CONSULTANT will coordinate the new pipe crossing and slip lining of the existing pipe crossings of the railroad with CSX. The CONSULTANT will also prepare a CSX right-of-way application, submit construction plans to CSX for approval, and make revisions to plans based on CSX review. The CONSULTANT will prepare a Project Manual consisting of front end documents and Technical specifications, and submit it to the CITY for review. The CONSULTANT will revise the plans based on SJRWMD review. The CONSULTANT will submit the plans and Project Manual to FDEP for approval under the SRF program, and make revisions based on FDEP review. The CONSULTANT will update the previously prepared Opinion of Probable Construction Cost and Project Manual. The CONSULTANT will submit the 100% plans and Project Manual to the CITY. Design and Permitting - le Street Outfall The CONSULTANT will obtain information along proposed route, field review potential conflicts and areas to be addressed during design or construction. The CONSULTANT will attend a kick -off meeting with City staff, review route, available information. The CONSULTANT will obtain from the geotechnicai subconsultant soil and groundwater information at 4 locations along the proposed pipeline, plus construction recommendations. The CONSULTANT will submit monthly progress reports to CITY during the design and permitting phase. The CONSULTANT will update the storm sewer modeling (conducted during the planning phase) to finalize pipe sizing. The CONSULTANT will prepare 90% construction plans consisting of: Cover Sheet Summary of Quantities Key Sheet and General Notes Plan and Profile (9 Sheets, 1' =20' Scale) Cross Sections (Every 500' ( + / -), 2 Sheets) Detail Sheet Page 21 of 28 The CONSULTANT will prepare an opinion of probable construction cost based on the 90% construction plans. The CONSULTANT will submit the 90% drawings to CITY, attend a review meeting with CITY. The CONSULTANT will make minor revisions to plans as result of the review meeting with CITY. The CONSULTANT will schedule and attend a pre - application meeting with FDOT, prepare FDOT permit application, submit U.S. 17 -92 culvert replacement plans to FDOT for approval, and make revisions to plans based on FDOT review. The CONSULTANT will prepare a Project Manual consisting of front end documents and technical specifications, and submit it to the CITY for review. 'The CONSULTANT will submit the plans and Project Manual to FDEP for approval under the SRF program, and make revisions based on FDEP review. The CONSULTANT will update the previously prepared Opinion of Probable Construction Cost and Project Manual. The CONSULTANT will submit the 100% plans. and Project Manual to the CITY. Desian and Permittina - W Street Oulfall The CONSULTANT will obtain information along proposed route, field review potential conflicts and areas to be addressed during design or construction. The CONSULTANT will attend a kick -off meeting with City staff, review route, .available information. The CONSULTANT will obtain from the geotechnical subconsultant soil and groundwater information at 2 locations along the proposed pipeline, plus construction recommendations. The CONSULTANT will submit monthly progress reports to CITY during the design and permitting phase. The CONSULTANT will update the storm sewer modeling (conducted during the planning phase) to finalize pipe sizing. The CONSULTANT will schedule and attend a coordination meeting with FDOT staff to discuss cost sharing of the design, permitting, and construction of the storm outfall along 1 e Street. Page 22 of 28 The CONSULTANT will prepare 90% construction plans consisting of. Cover Sheet Summary of Quantities Key Sheet and General Notes Plan and Profile (2 Sheets, 1 " =20' Scale) Cross Sections (Every 500'(+/-), 1 Sheet) Detail Sheet The CONSULTANT will prepare an opinion of probable construction cost based on the 90% construction plans. The CONSULTANT will submit the 90% drawings to CITY, attend a review meeting with CITY. The CONSULTANT will make minor revisions to plans as result of the review meeting with CITY. The CONSULTANT will prepare a Project Manual consisting of front end documents and technical specifications, and submit it to the CITY for review. The CONSULTANT will submit the plans and Project Manual to FDEP for approval under the SRF program, and make revisions based on FDEP review. The CONSULTANT will update the previously prepared Opinion of Probable Construction Cost and Project Manual. The CONSULTANT will submit the 100% plans and Project Manual to the CITY. Design and PermlItUnai - Railroad Outfall The CONSULTANT will obtain information along proposed route, field review potential conflicts and areas to be addressed during design or construction. The CONSULTANT will attend a kick -off meeting with City staff, review route, available information. The CONSULTANT will obtain from the geotechnical subconsultant soil and groundwater information at 4 locations along the proposed pipeline, plus construction recommendations. The CONSULTANT will submit monthly progress reports to CITY during the design and permitting phase. The CONSULTANT will update the storm sewer modeling (conducted during the planning phase) to finalize pipe sizing. The CONSULTANT will prepare 90% construction plans consisting of Cover Sheet Summary of Quantities Page 23 of 28 Key Sheet and General Notes Plan and Profile (9 Sheets, 1' =20' Scale) Cross Sections (Every 500'(+/-), 2 Sheets) Detail Sheet The CONSULTANT will prepare an opinion of probable construction cost based on the 90% construction plans. The CONSULTANT will submit the 90% drawings to CITY, attend a review meeting with CITY. The CONSULTANT will make minor revisions to plans as result of the review meeting with CITY. The CONSULTANT will schedule and attend a pre - application meeting with FDOT, prepare FDOT permit application, submit U.S. 17 -92 culvert replacement plans to FDOT for approval, make revisions to plans based on FDOT review. The CONSULTANT will coordinate proposed pipe removal / abandonment and new construction along the railroad with CSX. The CONSULTANT will also prepare CSX right -of -way application, submit construction plans to CSX for approval, and make revisions to plans based on CSX review. Note: this Authorization assumes CSX will allow the CITY pipeline to be constructed along the railroad. If CSX does not allow this and substantial route changes are required (including the need for easements or right - of -way), then the substantial changes and easements will be considered to be an Additional Service not covered by the Authorization. The CONSULTANT will prepare a Project Manual consisting of front -end documents and technical specifications, and submit it to the CITY for review. The CONSULTANT will submit the plans and Project Manual to FDEP for approval under the SRF program, and make revisions based on FDEP review. The CONSULTANT will update the previously prepared Opinion of Probable Construction Cost and Project Manual. The CONSULTANT will submit the 100% plans and Project Manual to the CITY. SECTION 3 PAYMENT AND CONTRACT TIME Compensation Paid CONSULTANT The engineering fee for the services described herein shall not exceed $495,253.00, inclusive of out -of- pocket expenses. Exhibit B attached details costs associated with this work. Page 24 of 28 Invoices from the CONSULTANT to the CITY shall not be rendered more often than once monthly. Each invoice shall be properly dated, describing the services rendered, the cost of the services, the name and address of the CONSULTANT, and Purchase Order Number. The original invoice shall be sent to the CITY representative designated as follows: Mr. Tom George, Public-Works Director City of Sanford P O Box 1788 Sanford, FI 32772 -1788 The CITY will make prompt monthly payments in response to the CONSULTANTs monthly statements without retention for all categories of services rendered under this Work Order and for reimbursable expenses and outside consultant costs incurred. Charges for services rendered by principals and employees as witnesses in any litigation hearing or proceeding will be computed at a rate of $1,200.00 per day or any portion thereof (but time spent in preparing to appear in any such litigation, hearing or proceeding will be negotiated in accordance with the terms of the Base Contract. If this Work Order is terminated during prosecution of the services prior to completion of the services of Section 2, payments to be made on account of that and all prior work under this Work Order shall be as defined in the Base Contract. The CONSULTANT will commence services within seven calendar days of the date of execution of this Work Order and will complete these services within a timely manner. The period of performance of the CONSULTANT's contract shall remain in force from the date of execution of this Work Order until a one -year period has elapsed, at which time compensation for services provided will be subject to re- negotiation. SECTION 4 ADDITIONAL SERVICES OF THE ENGINEER If authorized by the CITY, the CONSULTANT shall furnish or obtain from others the following additional services, or the CITY may provide these services separately or directly with the provider. Such additional services will. be paid for by the CITY as defined in the Base Contract Services due to major changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in Initiating or completion of the work. The CONSULTANT will provide limited environmental scientist services as defined in the Section 2. These services do not include preparation of detailed mitigation plans. If found to be necessary, CONSULTANT could provide additional environmental scientist services including preparation of mitigation plans. Page 25 of 28 Provide through subconsultants land acquisition boundary surveys, title searches, or other specialist services including real estate or right -of -way agents, project or construction management, and bookkeeping or accounting services. If these services are subsequently determined advisable during the course of work, they may be considered for authorization as an additional service under the Base Contract or separately provided by the CITY. Except as othervAse provided herein, services or additional costs associated with revising previously accepted studies, reports, or other documents prepared by the CONSULTANT when such revisions are due to causes beyond the CONSULTANTs control. Additional services resulting from public protests, administrative hearings, or similar matters. Preparing to serve and/or serving as an Expert Witness for the CITY in any litigation, public hearing, condemnation proceeding, right -of -way or easement acquisition or negotiation, or other legal / administrative proceeding. Additional engineering services required by revisions to regulations (after the date of this Authorization) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, Corps of Engineers, Seminole County, FDOT, or other regulatory agency requirements. Additional services in connection with the project including services normally furnished by the CITY and services not otherwise provided for in this Work Order. Bidding and construction engineering and inspection services shall be provided under separate Work Order. Section 5 CITY Resporisibifities The CITY will: Advise the CONSULTANT of his requirements for the project and designate a person to act as the Crl Y's representative with respect to the work to be performed under this Authorization, and such person shall have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions pertinent to the work covered by this Authorization. Obtain and provide data requested that is reasonably available on the project along with operational and maintenance requirements and easement and right -of -way requirements. Guarantee access to and make all provisions for the CONSULTANT to enter upon public and private lands as required for the CONSULTANT to perform his work under this Authorization. Page 26 of 28 Make facilities accessible for inspection, including opening of manholes if needed to survey pipeline inverts and sizing, and flagging the horizontal location of CITY owned utilities. Examine all studies, reports, sketches, schedules, and other documents presented by the CONSULTANT and render decisions pertaining thereto within a reasonable time so as not to delay the work of the CONSULTANT. Assist in obtaining approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. Furnish or direct the CONSULTANT in writing to provide at the CITY's expense, any sub - consultant services not designated in Section 2, if advised by the CONSULTANT and CITY concurs that they are necessary. Provide such legal, accounting, financial and insurance counseling services as may be required for the project, and such auditing services as the CITY may require. Give prompt written notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the Project. SECTION 6 General Conditions Since the CONSULTANT has no .control over the cost of labor, materials, or equipment or over any construction Contractor's method of determining prices, any opinion of probable construction cost which may be provided in the services of this Authorization are made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but the CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. Similar limitations apply to construction schedules reviewed or prepared by the CONSULTANT. The CITY and the CONSULTANT each binds himself and his partners, .successors, executors, administrators and assigns to the other party of this Authorization and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Work Order. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. The CONSULTANT agrees to initiate work promptly upon receipt of authorization to proceed and to prosecute the work in an expeditious and timely manner until the Project is completed. Page 27 of 28 IN WITNESS WHEREOF, the parties hereto have made and executed this Authorization the day and year first above written. CITY: (ATTEST & SEAL) C' Sanford, Florida Q-Z (�K . - anet Dougherty - C' Jerk U Bra essard, yor CONSULTANT: A EST & SEAL) Urfdai M. Gardner - Secretary/Treasurer CPH Engineers, Inc. David A Gierach, P.E. — President Page 28 of 28 1 N N ;r Cb pn a. !d N _ O � N N 00 V N A A Id g N N N - Z W E 1 li w �Q A s s a - SZ D N A m OD 9 A A p A p N A A N� $NOD � On N O7 C 111 O O O O O N A m OD $$ 8 1 ;; 1 l it . 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O CD A 0 -80 O O N NN N N N N A A NmN N N (p A 000oo 9888 88 8 o 8 8 8 g ZS 8 n� g 0 8 8 0 0 988888 00 88 0 8 8 8 m i N « R � p S « W i o -4 I 7f m a fill SL a m b A W SL N SL a ° O g $ m A A m A A 9 O O N A A N 8 N W 'O q N A p N A p N A A ";8 rn m w O O O co 0000 �' O N N O m �O R � s A m A NmN N N N 1 0. — CO N co 8 $ $ $ 0 $ $ 0 8 o o00 $$$888 $$ 8 8 $ $$ $ $ $ $ 0 8 00 88 t�iq�ao$o�timv y � m L Lg N � N i N tw►w4040 MN 4 "A w 4 pppp ice_ y$ N a p p pp+ W N p p A.O pp p �O 899999 0 0 �0 88888 0 �11 0 m � 8b8b PROJECT MANUAL OAK AVENUE STORMWATER POND IFB No. 10/11-09 April 2011 Prepared By Engineers Architects Planners Landscape Architects Transportation) rraf j`ic Surveyors Environmental Scientists Construction Management Certificate ofAuthorization No.00003215 P.O. Box 2808 Sanford, Florida 32772 -2808 Phone: 407.322.6841 Fax: 407.330.0639 CPH Job No. S06104 CERTIFICATIONS PAGE OAK AVENUE STORMWATER POND This Project Manual is certified as follows: Civil Engineer - Divisions 1 -3 CPH Engineers, Inc. 500 West Fulton Street Sanford, FL 32771 Ph. 407 - 322 -6841 Certificate of Authorization No. 3215 N. Katriina Bowman, P.E. No. 45155 Date 00005 -1 SPECLIB082703 LIST OF DRAWINGS OAK AVENUE STORMWATER POND (24 Place to Oak Avenue) SHEET NO. LATEST DATE DESCRIPTION 1 1/10 Cover Sheet 2 1/10 Summary of Quantities 3 11/1/09 Topographic Surve 4 1/10 Key Sheet 5 1/10 General Notes 6 -7 1/10 Plan and Profile 8 1/10 Pond Construction 9 1/10 Cross Sections 10 1/10 General Details 11 1/10 Utility Details LS -1 8/10 Landscape Plan 00015 -1 SPECLIB030106 PROJECT MANUAL INDEX OAK AVENUE STORMWATER POND (24 Place and Oak Avenue) 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 -5 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 -4 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 01110 -1 - 01110 -2 01270 -1 - 01270 -10 01310 -1 - 01310 -4 00010 -1 SPECLIB111309 01315 Preconstruction Video 01315 -1 -01315-4 01320 Project Completion Schedule 01320 -1 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 -4 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 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 -02715-4 02740 Paving 02740 -1 - 02740 -9 02820 Fences and Gates 02820 -1 -02820-4 02910 Landscaping 02910 -1 -02910-6 02920 Lawns and Grasses 02920 -1 -02920-4 Division 3 - Concrete 03300 Concrete Divisions 4 -16 - Not Used Appendices A. 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I � � t� er` I�'' M 9 � + !� 19 �- Z y ( t W A ;'kC P nt Form 00505 NOTICE OF INTENT TO AWARD Dated: June 28, 2011 SOLICITATION NO.: IFB 10/11 -09 TITLE OF SOLICITATION: Oak Avenue Stormwater Pond The Purchasing department of the City of Sanford is pleased to announce the intention to award bid number: IFB 10/11 -09 in the amount bid of : $170,133.00 to Star Base Development Co., Inc. whose address is: 3434 US Highway, Mims, FL 32754 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 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 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? /U c 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? /y G' 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? � )o 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. S T A B 13 A S )= D z ✓], Cy ,, , Z =02 6 /< Signature Date r D0��`D ��► 6uytdl d A Printed or Typed Name and Title FORM NO. DSPT 12.204 IFB- 10/11 -09 Oak Avenue Stormwater Pond 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. Firm ' Authorized Signature Date Printed or Typed Name and Title FORM NO. DFWP 14.204 IFB- 10/11 -09 Oak Avenue Stormwater Pond 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 0004 2� yj �{ �/ on behalf of 5 / A whose business address is: ,! 3y (Zs A� ( �l �!S ,� I- ZJ L and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this statement: ) 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. 3. 1 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. 5. 1 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.) 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 -09 Oak Avenue Stormwater Pond 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) 7- s- aUl/ (date) State of Florida County of 8 e vo-t c)' On this S day of _, 20 before me, the undersigned Notary Public of the State of Fl da, personally appeared UA.Ui CK C 1;�Q,LkV k 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 NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC -� SEAL OF OFFICE: eJ k 2 _ �I c ( I\ (Name of Notary Public: Print, Stamp, or Type as Commissioned.) Personally known to me, or Produced identification: 'V� MELINDA LEA POLLOCK ? Notary Public - State of Florida My Comm. Expires Apr 29, 2014 Commission # DO 967334 (Type of Identification Produced) DID take an oath, or _ DID NOT take an oath. FORM NO. PEC 15.204 00435 -4 IFB- 10/11 -09 Oak Avenue Stormwater Pond 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: 7- -5 r � 4 /( By: z l, 2zk-e�� D�W.d (2 ✓��a 1l Print Name Title Official Address: FORM NO. SFAC 16.204 IFB- 10/11 -09 Oak Avenue Stormwater Pond THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Conflict of Interest Statement 435 -6 1. c C / Q u y ►� of J C /4 1�3 S� A PI, (� D / 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, I, on behalf of the above named entity, will immediately notify the City of Sanford in writing. h)at L ez�u.. 7 Signature of Affiant Date I� or Printed Name of Affiant Title State of Florida, County of s r 2 � l..Cl On this 5 day of 20 before me, the undersigned Notary Public of the State of FI Ida, personally . I` CV NA(xf1 V 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. NOTARY PUBLIC, TATE OF FLORIDA NOTARY PUBLIC ,�, LL SEAL OF OFFICE: 0 I �..Q C �, EC, ?C C�Ck (Namd of Notary Public: Print, Stamp, or Type as Commissioned.) 1 ,io' AY' " , g o , MELINDA LEA POLLOCK `� = Notary Public -State of Florida My Comm. Expires Apr 29, 2014 Commission # DO 987334 1K Personally known to me, or _ Produced identification: (Type of Identification Produced) DID take an oath, or DID NOT take an oath. FORM NO. CFI 18.204 IFB- 10/11 -09 Oak Avenue Stormwater Pond 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. Signature of Affiant _ Date P C - A I >J Typed or Printed Name of Affiant Title State of Florida, County of 1� r e On this _7 day of c 20,44-1 before me, the undersigned Notary Public of the State of Florida, personally appeared C' Q I` C- ��C�1 �I n 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. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: �`ttAV p ii MELINDA LEA POLLOCK E Notary Public - State of Florida My Comm. Expires Apr 29, 2014 Commission # DO 987334 FORM No. AC 5.908 e C tC� Cl (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 -09 Oak Avenue Stormwater Pond THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD 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 ZA & I? ,4 S' - ^ e, y. L' (.1 , T n >L , (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: S 1� S / F_ ll, U, l /�� , Signature: )p Printed Name: Le 0 d C�_ h to a 1J Title: 0, /, Date: 7 - -5 3 D l / Affix Corporate Seal _10r STATE OF I" i �- ) ss COUNTY OF e vGf 6- ) The foregoin instrument was acknowledged 20 )1 IP Qi me this .S day of Z�k I on behalf of the firm, H h is perso known to rr or has prod identification. Print Name Ma - 1 n I I oo IL Notary Public in and for the County and State Aforementioned My commission expires: Aor) ] _ )'C I t - / PV d- , -Oco P- BO - 'L MELINDA LEA PULLUCK • :" . No Public - State of Florida s• �c My Comm. Expires Apr 29, 2014 � o. EOFF��:•'' Commission # DD 987334 Form No. IM 0506.209 IFB- 10/11 -09 Oak Avenue Stormwater Pond 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: - � 7 ) ss Signature: /t J G X �� Printed Name: U ,2u k (f'1 js U v 1 ;j Title: V, P Date: -2 U /� Affix Corporate Seal STATE OF � I D r ,` cJ c,- COUNTY OF � Cc UCV cg The foregoing instru 20_j 1 , by on behalf of the firm acknowledged befi .tit V,`n Of _2 C`nersonally known me this or has cation. day of firm), Print Name ,e L. e c- C, L 1 CC- It Notary Public in and for the County and State Aforementioned My commission expires: /-�nr; `� .-2,C& 7 Form No. AWD 0512.209 IFB- 10/11 -09 Oak Avenue Stormwater Pond THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD �.4ppv vas MELINDA LEA POLLOCK ? ? Notary Public - State of Florida ' •i, . My Comm. Expires Apr 29, 2014 ., '•.',;F « cFA - � Commission # DD 987334 IFB- 10/11 -09 Oak Avenue Stormwater Pond THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Section 00425 -11 Code of Sanford, Florida 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 continue to work in such critical positions. t r 0 a S�gnature of Af�ant Date DI LiD Ct J U /; STQdf? AS (/c (!0, T/N _; . Typed or Printed Name of Affiant Title Name of Company State of Florida, County of B 02 vC.L.-a On this _' 5;_ day of 1 20 // , before me, the undersigned Notary Public of the State of Florida, personally appearegf Cl�l U. ��b•�A 11 /%� 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. ? NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC (� r SEAL OF OFFICE: I � e %, \,k c_ �, e c.` c �C- (Name of Notary Public: Print, Stamp, or Type as Commissioned.) Py4'rp� = OLLOC : 1 •.° te of Florida personally known to me, or Produced identification Apr 29, 2014 DD 987334 F o?r (Type of Identification Produced) IFB- 10/11 -09 Oak Avenue Stormwater Pond THIS FORM MUST BE COMPLETED AND RETURNED TO THE CITY OF SANFORD Star Base Development Co., Inc. 3434 US Highway 1 Mims, Fl, 32754 Phone: 321-383-9520 Fax: 321-383-1465 starbase@netzero.net Star Base Development Co., Inc. Projects March 6,2010- September 11, 2010- KSC Repair Crawlerway- $3,474,741.69 Sub Contractor for Canaveral Construction Co. Kennedy Space Center road for the shuttle to be transported to the launch pad. Replaced approximately 40,000 tons of # 3 and #4 river rock putting it to grade and proper depth. Delivered used river rock to the Darcy land fill. At the Darcy Landfill Star Base Development screened 40,000 tons of used river rock. Contact: Art Lloyd Canaveral Const. Mims, Fl. 32754 Phone: 321- 269 -4011 July 25, 2007-Sep. 18,2008- Rehabilitation of Spoil site 4 &5 $1,759,121.20 United Space Alliance- KSC - Cleared and grubbed 74 acres. Placed fill (162,200cy)for levee embankments and compaction of levee embankment. Placed app. 764 of outfall pipe. Placed 4- 84" ACMP risers. Built 7,667 cy of temporary levee. Contact: Oliver Rye, Phone: 321- 861 -6211 August 2007 - November 2007 Repair/Replace Corrugated Culvert $213,483.00 SGS Cape Canaveral Air Force Station, Worked performed consisted of providing labor, equipment, materials and supplies to install a new pipe liner onto the existing 60" corrugated pipe that was under the parking lot from Inlet #2 to Inlet # 3. New pipe was 200' long and Star Base used 42" pipe and grouted between the existing and new piping. Contact:: Richard Scredon, SGS Phone: 321- 476 -3697 August 30, 04- Januaryl5, 09 -Chain of Lakes $10,734,580.87 Brevard County North of Titusville, between US 1 and the Indian River Lagoon. Development of a new 269 acre site with soccer and softball complexes and a series of storm water management lakes. This project consisted of site work, clearing and grubbing, Stripping of topsoil, underground pipe installation, concrete work, manholes, lift station and some building construction. April 8,2003- April 8, 2004 Indian River Trail Wet Detention Pond $438,999.04 Job site was on the East Side of the cross -over walkway in Sharpes, Fl. - Clearing and grubbing of 4.3 acres.5,000 CY fill. 16,500 CY pond excavation. remove 2,800 SF- 4" sidewalks and fencing, installed 16,515 SF sidewalk, 815 LF decorative fence, masonry fence columns. ditch diversion piping, storm drains, manholes, concrete retaining wall and foundation, pedestrian bridge. May 2003 - April 2004 Brevard County Parkway Outfall $973,515.70 Brevard County - Constructed 2 wet detention ponds, culverts, 422 LF 18" RCP, 852 LF 54 "RCP, and 1,042 LF 12" HDPE. 80,000 CY of fill dirt. 143,500 cy pond excavation. 12 acres of clearing and grubbing. Embankment replacing. Contact: Leslie Church Phone: 321- 633 -2019 MAY 1, 2001- Jan 2003 V -26 Containment Site $3,081,336.00 The city of Edgewater, Fl roadway and infrastructure including site work, clearing and grubbing 90 acres, tree removal, rock and subsoil excavation, fill and embankment, stormwater pond construction. Excavated and constructed containment dike swale, stormwater drainage pipe, constructed timber walkway structure, metal fabrications and submersible waste water pumps, and electrical main. 12,950 LF curb and gutter, 62 SY concrete sidewalk. Furnish and installed watermains, valve boxes, fire hydrants, sanitary sewer force and gravity sewer mains, wet wells, reinforced concrete pipe for gravity service, ductile iron pipe and fittings for pressure service, plastic pipe for gravity and pressure, HDPE pipe, 2 lift stations, inlets, concrete headwall, con - span box culvert, weirs, rip -rap, paving stripping and markings, sodding, chain link fencing. Contact: Gierok Engineering., Inc., Kathy Gierok, 407 - 244 -8580. Sept 1, 2000 -Nov 15, 2000 Kennedy Point Park $41,260.00 Brevard County Board of County Commissioners, Parks and recreations Dept. Revamped Shoreline. Removed and replaced app. 98' of sidewalk and replaced and repaired app. 40' of seawall. Contact: Greg Minor, 2725 Judge Fran Jamieson Way, Viera, Fl. .32940 Phone: 321 -63 -2046 Sept 1, 2000- Oct 17, 2000 Nicol Park $25,000.00 Brevard County Board of County Commissioners, Parks and recreations Dept. Shoreline stabilization. Shoreline restored and repaired Contact: Greg Minor, 2725 Judge Fran Jamieson Way, Viera, Fl. .32940 Phone: 321 -63 -2046 Sept 1, 2000 -Oct. 6, 2000 Sand Point Park $60,500.00 Brevard County Board of County Commissioners, Parks and recreations Dept. Shoreline stabilization. Repaired app. 1856' of shoreline and app. 245' of sidewalk Contact: Greg Minor, 2725 Judge Fran Jamieson Way, Viera, Fl. .32940 Phone: 321 -63 -2046 Sept. 17,2001-June 26, 2001 Space Gateway Support- X00594 $12,084.00 Installed and partially removed roadside shoulder system located at Phillips Parkway and KSC Railroad Crossing LC -39 Area, Task I and Task IL Contact: Don Ackerman, Space Gateway Support, P.O. Box 21237, Kennedy Space Center, Fl 32815 Phone: 321- 867 -7842 Sept. 17, 2000 -Jan 19, 2001 Park Ave. Drainage Improvements $208,204.00 City of Satellite Beach- Installed drainage facilities, pavement and curbing repair, sodding, and connecting to existing drainage as necessary to construct the improvements. Contact: John rice /Outlaw, Rice & Jones, Inc., 1222 North Harbor City Blvd. Melbourne, Fl 32925 Phone: 321- 254 -9721 Oct 31, 2000 -Feb 2, 2001 Space Gateway Support- X00603 $103,577.00 Stormwater retention east of building M6 -1625, KSC, Fl Modified 2 dry retention areas to bring them to compliance with St. Johns Water Management District. Contact: John Prieth, Space Gateway Support, P.O. Box 21237, Kennedy Space Center, Fl 32815 Phone: 321- 867 -7822. Il Nov. 14, 2000 Space Gateway Support- X00564 $58,000.00 Provided and installed a programmable LED Variable Message Sign for the Port Area of Cape Canaveral Air Force Station. Contact: Don Ackerman, Space Gateway Support, P.O. Box 21237, Kennedy Space Center, F132815 Phone: 321- 867 -7842 Nov. 22, 2000 Space Gateway Support- X00563 $21,625.00 Provided road base and asphalt for repair of roadway at the corner of Phillips Parkway and Central Control Rd. CCAFS Industrial Area. Contact: Don Ackerman, Space Gateway Support, P.O. Box 21237, Kennedy Space Center, Fl 32815 Phone: 321- 867 -7842 Dec 20,2000- June 29, 2001 Space Gateway Support- X01516 $117,600.00 Task I- Repaired lift station, VIB facility 70453, CCAFS Task II Repaired lift station, Old Trident 622876, CCAFS Contact: Charlotte Welch, Space Gateway Support, P.O. Box 21237, Kennedy Space Center, Fl 32815 Phone: 321-867-7738 Dec 26, 2000 - Jan 2001 Space Gateway Support- X01511 $10,918.00 Cleared fence line and security screening at M5 -1494 of all vegetation, out to a 30' perimeter. Constructed and installed four security screens along west side of fence. Hauled brush, poles and concrete debris from site. Contact: John Prieth, Space Gateway Support, P.O. Box 21237, Kennedy Space Center, Fl. 32899 Phone: 321- 867 -7842 June 6,1999 -July 2000 Central Landfill Roadway expansion $2,654,213.00 Brevard County Constructed 10,500' of paved road. cleared and grubbed the expansion area, excavated a borrow pit, dug trench drains, Installed RCP drain pipes, sodding and miscellaneous civil work. Contact: Dick Gosselin, Solid Waste Management Dept. Brevard Co. Florida Phone:321 -633- 7112 3 Star Base Development Co., Inc. -- 3434 US Highway 1 Mims, FI, 32754 Phone: 321-383-9520 Fax: 321-383-1465 starbase@netzero.net Resume For Personnel David Chauvin- Vice President of Star Base Development Co., Inc. has been a prime general contractor with municipal, state, and federal governments since 1979. In 1989 he incorporated his business and is now the Vice President and Treasurer of Star Base Development. He has acted as Project Manager and Supervisor on most of Star Base's Projects, along with the earth work and site planning of various jobs. He has the knowledge and experience to operate any type of large construction equipment needed on a job to complete each individual project with expertise. Please refer to the Companies Resume for additional information. James T. Bair- Working Superintendent and Alternate Quality Control Chief and Equipment Operator. He has been in construction since 1976. He started as an equipment operator for various types of equipment. In 1979 he became a working Forman in charge of crews building a golf course. From 1990 to present, he has worked as a superintendent for Star Base on various projects that involved road work, earth moving, grading, land clearing and pipe laying, from parking lots to the Kennedy Space Center's Crawlerway refurbishment. Patricia Chauvin- President and Secretary of Star Base Development Co., Inc. has 30 years of construction office management experience, including certified payrolls, bonds of various types and posses a BA degree in Geology and a BS degree in Electrical Engineering Technology. Has experience as a water lab technician and has knowledge of various water quality testing procedures pertinent to the construction business. Melinda Pollock - Office Manager for Star Base Development Co., Inc. has been in the construction business since 1994 as a journeyman Carpenter. Has a degree in Engineering Technology minor drafting. Experience with certified payroll and bonds. Has completed training and is certified for FDOT Maintenance of Traffic. r Star Base Development Co., Inc. -- 3434 US Highway 1 Mims, FI, 32754 Phone: 321 - 383 -9520 Fax: 321 - 383 -1465 starbase@netzero.net References of Star Base Development Co., Inc For The City of Sanford Canaveral Construction Company, Inc. Contact: David Nash or Art Lloyd P.O. Box 799 Mims, Fl. 32754 Phone: 321- 269 -4011 Fax: 321 - 269 -5905 Brevard County Florida Contact: Chuck Mayes 2725 Judge Fran Jamieson Way Viera, Fl. .32940 Phone: 321 - 302 -1609 or Gregory Jones phone: 321- 288 -7496 BRPH Contact: Bill Rowe 3275 Suntree Blvd. Melbourne, Florida 32940 Cell: 321 - 288 -0294 Phone: 321 - 254 -7666 Fax: 321 - 259 -4703 r Star Base Development Co., Inc. 3434 US Highway 1 Mims, FI, 32754 \ Phone: 321 - 383 -9520 Fax: 321 - 383 -1465 starbase@netzero.net Project Manager Qualifications David F. Chauvin, Project Manager, Vice President/Treasurer of Star Base Development Co., Inc.. He has been a prime contractor with municipal, state and federal governments since 1979. In 1988 he incorporated his business. He has acted as Project Manager or Supervisor on most projects, along with earth work and site development of various jobs. He has supervised all types of pipe installations including steel , stainless steel, pvc, cast iron, ductile iron, polyethylene, HDPE, and concrete pipe. His work also has included manholes, junction boxes, headwalls, mitered ends, culverts, portable water distribution, lift stations, ponds and retention ponds. He has road construction experience from clearing the site to paving the roadway and all other types of excavation. He can operate any kind of machinery or equipment proficiently. He has building experience from the foundation to the roof., including interior finishes. He has supervised gas stations and other fuel storage tank installations. r Star Base Development Co., Inc. - 3434 US Highway 1 Mims, Fl, 32754 Phone: 321 - 383 -9520 Fax: 321 - 383 -1465 starbase@netzero.net Equipment Star Base Owns Ready For Project 2005 Bob Cat Model T190 1988 Blaw -Knox Paver PF115Paver 6" dewatering pump 1988 Case Loader W30 1999 Case Loader 62 1 C 1980 Case 580 -C Loader Tractor Case 570LXT Loader Tractor 2002 Case 580SM Loader Backhoe 2005 Case Roller SV212D 2005 Cat D -6N Dozer 2005 Cat Challenger MT425 -2P Tractor John Deere 450 J 2004 Dodge Ram 1500 4x4 1995 Ford Aero Mark L9000 2004 wisco trailer 89 Hyster C350 Roller 10 Ton 2006 Ingersoll Rand DD -24 Roller 2005 Ingersoll Rand Air Compressor 1997 Kobelco SK270 IV Trackhoe 1998 Kobelco SK270 IV Trackhoe 1993 Kobelco SK400 LC Mark III Trackhoe 1999 Kobelco excavator SK400 LC IV 004 Kobelco 330LC Hydraulic Excavator Kobelco SK60 Track hoe 2004 Komatsu Wheel Loader WA320 -5/ with cab 2006 Komatsu 320 -5L Loader 1999 Komatsu Dozer MDL D58P -1B Dozer 2006 MC Pherson M30F Pit Burner 1986 Mitsubishi Motor Grader MG 300 PSI GRADER M413XT Rogers Goose Neck Low Box Trailer 3 Axle 1997 Sterling Dump 1999 Terex TA -35 Off Road Truck 1999 Terex TA -35 Off Road Truck 1998 Terex TA -30 Off Road Truck Several vibratory rollers Star Base Development Co., Inc. -- 3434 US Highway 1 Mims, FI, 32754 Phone: 321 - 383 -9520 Fax: 321 - 383 -1465 starbase@netzero.net List Of Sub Contractors to be Used on Oak Ave Stormwater Pond 24th Trees Tidwell Tree Movers. Inc. 250 Antiqua Drive Merritt Island, F132952 Phone: 321 -459 -1078 Cell: 321 - 863 -7495 Email:Tidwelltreemovers@gmail.com Sodding and silt fence K &C Environmental Services 415 Lanark Street Sanford, F132773 Phone: 407 - 324 -0312 Fax: 407 - 321 -2232 Video Southern Video, Inc. P.O. Box 163191 Altamonte Springs, Florida 32716 Phone: 407 - 310 -5308 Fencinp, Federal Fence, Inc. P.O. Box 741296 Orange City, Florida 32774 Phone: 386 - 775 -8444 Fax: 386 - 775 -9444 Email: federalfence @aol.com Survevor Services Layout Services, Inc 3380 Park Ave. Suite 7 Titusville, Fl Phone: 321 - 759 -2779 Fax:321- 349 -93 80 Email: layoutI@att.net Fax: 407 - 788 -1662 Email: rcarlis @cfl.rr.com ,K'1'FiK X . . ,t ,, . -1877— PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM r^{ TO: City Clerk RE: Oak Avenue Stormwater Pond IFB 10/11 - 09 Section 00626 Certificate of Substantial Completion 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 Attest/Signature Once completed, please: ® Return originals to Purchasing ❑ Return copies Special Instructions: S afe this is on a bid f 1011 C�Q-P 7�1""l�G(^l 1 C Marisol Ordofiez From Date T:ADept_f0r= Cly Clerk TmnaWtW Memo - 2009.dw SECTION 00626 CERTIFICATE OF SUBSTANTIAL COMPLETION Project Title Oak Avenue Stormwater Pond Bid No. IFB 10111 -09 Owner: City of Sanford, Florida Contractor: Star Base Development Co., Inc. Agreement Date: August 3, 2011 This Certificate of Substantial Completion applies to all work under the Contract Documents or the following specified parts thereof if construction is phased by contract: ISSUED TO: Star Base Development Co., Inc. 3434 US Highway One Mims, FI 32754 The work to which this Certificate applies has been inspected by authorized representatives of Contractor and Owner and that Work is hereby declared to be substantially completed in accordance with the Contract Documents ow. December 15, 2011 Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of Contractor to complete and warrant all the Work in accordance with the Contact Documents. All items on the list shall be completed or corrected by Contractor within 30 days of the above date of Substantial Completion. 00626 -1 This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligations to complete the Work in accordance with the Contract Documents. Executed by City of Sanford on jrttN Lk- U t 0 , zo1z Dat City of Sanford Representative: By: (Signature) Norton N. Bonaparte Jr. City Manager (Printed Name and Title) Contractor accepts this Certificate of Substantial Completion on 12 �5, Date ntractor: . 6 e, By . (Signature) v � � N f (Printed Name and Title) END OF SECTION 00626 -2