1417 Stage Door II Goldsboro Trailjq(
AIL
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
Ina
To: City nager /City Clerk
RE: Stage Door II, Inc., IFB 10/11 -12 Goldsboro Trail Ph II Contract
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
El
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Please execute contract, thank you...
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From
TADept_ forms \City Clerk Transmittal Memo - 2009.doc
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DOCUMENT APPROVAL `
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Contract/Agreement Name: Stage Door Inc., IFB 10/11 -12 The Goldsboro Trail
Phase II Contract
Approval:
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Finance Director
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Date
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SECTION 00520
AGREEMENT FORM
PART 1 GENERAL
1.01 THIS AGREEMENT, made and entered into the day of
by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida `
32771 a municipal corporation of the State of Florida, holding tax exempt status,
hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Stage Door II , <.
Inc. whose principal and local address is 3208 Overland Rd; Apopka, FL 32703 <`
h ereinafter 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 Goldsboro Trail, Phase II. IFB 10/11 -12
C. Contract Time
The Contractor shall begin work after the issuance of a written Notice to Proceed
from Owner and shall substantially complete the work within the Contract Time
identified in Paragraphs 1.02.C.5 of the Bid Form, which is 120 calendar days.
The work shall be finally complete, ready for Final Payment in accordance with
the General Conditions, within 30 calendar days from the actual date of
substantial completion.
D. Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph C above, plus any
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
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Goldsboro Trail, Phase II. 1 FB 10/11 -12
substantially complete on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not
as a penalty) CONTRACTOR shall pay OWNER $1.000. -- for each calendar
day that expires after the time specified in Paragraph C for substantial
completion until the work is substantially complete. It is agreed that if this Work
is not Finally completed in accordance with the Contract Documents, the
CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not
as penalty, one - fourth ( /a) of the rate set forth above.
E. Contract Price
Unit Price Contract
The Owner will pay the Contractor in current funds for the performance of the
work, subject to additions and deductions by Change Order and subject to the
Measurement and Payment Provisions, and subject to actual constructed
quantities; the Total Contract Price of two hundred eighty six thousand six
hundred forteen and 09/100 dollars ($286,614.09, 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
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Goldsboro Trail, Phase II. IFB 10/11 -12
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.
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Goldsboro Trail, Phase II. 1 FB 10/11 -12
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:
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Goldsboro Trail, Phase II. IFB 10/11 -12
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.
f. 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.
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Goldsboro Trail, Phase II. IFB 10/11 -12
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
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Goldsboro Trail, Phase II. 1 FB 10/11 -12
Parks and Grounds Manager
City of Sanford
P.O. Box 1788
Sanford, Florida 32772
24.
CITY may terminate this Agreement for convenience at any time or for
any one (1) or more of the reasons as follows:
a. If, in the CITY's opinion, adequate progress is not being made by
the CONTRACTOR due to the CONTRACTOR 's failure to
perform; or
b. If, in the CITY's opinion, the quality of the goods and /or services
provided by the CONTRACTOR is /are not in conformance with
commonly accepted professional standards, standards of the
CITY, and the requirements of Federal and/or State regulatory
agencies, and the CONTRACTOR has not corrected such
deficiencies in a timely manner as reasonably determined by the
CITY; or
C. The CONTRACTOR, or any employee or agent of the
CONTRACTOR, is indicted or has a direct charge issued against
him for any crime arising out of or in conjunction with any work
that has been performed by the CONTRACTOR; or
d. The CONTRACTOR becomes involved in either voluntary or
involuntary bankruptcy proceedings, or makes an assignment for
the benefit of creditors; or
e. The CONTRACTOR violates the Standards of Conduct provisions
herein or any provision of Federal, State or local law or any
provision of the CITY's Code of Conduct.
25. In the event of any of the causes of termination, the CITY's designated
representative may send a certified letter to the CONTRACTOR
requesting that the CONTRACTOR show cause why the Agreement
should not be terminated. If assurance satisfactory to the CITY of
corrective measures to be made within a reasonable time is not given to
the CITY within seven (7) calendar days of the date of the letter, the CITY
may consider the CONTRACTOR to be in default, and may then
immediately terminate this Agreement.
26. In the event that this Agreement is terminated for cause and it is later
determined that the cause does not exist, then this Agreement or the
Purchase/Work Order shall be deemed terminated for convenience by the
CITY and the CITY shall have the right to so terminate this Agreement
without any recourse by the CONTRACTOR.
27. The CONTRACTOR may terminate this Agreement only if the CITY fails
to pay the CONTRACTOR in accordance with this Agreement.
28. Notwithstanding any other provision of this Agreement, the CITY shall
have the right at any time to terminate this Agreement in its entirely
without cause, if such termination is deemed by the CITY to be in the
public interest, in writing of deficiencies or default in the performance of
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Goldsboro Trail, Phase II. 1 FB 10/11 -12
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.
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Goldsboro Trail, Phase II. 1 FB 10/11 -12
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
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Goldsboro Trail, Phase II. 1 FB 10/11 -12
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.
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Goldsboro Trail, Phase II. 1 FB 10/11 -12
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
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Goldsboro Trail, Phase II. IFB 10/11 -12
performed under this Agreement, the CITY shall so notify the
CONTRACTOR, in writing. The CONTRACTOR shall immediately
remove such employee or representative of the CONTRACTOR from
such assignment.
53. The CONTRACTOR shall not publish any documents or release
information regarding this Agreement to the media without prior approval
of the CITY.
54. The CONTRACTOR shall certify, upon request by the CITY, that the
CONTRACTOR maintains a drug free workplace policy in accordance
with Section 287.0878, Florida Statutes. Failure to submit this
certification may result in termination.
55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list
following a conviction for a public entity crime, such action may result in
termination by the CITY. The CONTRACTOR shall provide a certification
of compliance regarding the public crime requirements set forth in State
law upon request by the CITY.
56. The CITY reserves the right to unilaterally terminate this Agreement if the
CONTRACTOR refuses to allow public access to all documents, papers,
letters, or other materials subject to provisions of Chapter 119, Florida
Statutes, and other applicable law, and made or received by the
CONTRACTOR in conjunction, in any way, with this Agreement.
57. The CONTRACTOR shall comply with the requirements of the Americans
with Disabilities Act (ADA), and any and all related Federal or State laws
which prohibits discrimination by public and private entities on the basis of
disability.
58. The CITY will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and
Nationally Act (INA). The CITY shall consider the employment by the
CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of
the INA. Such violation by the CONTRACTOR of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for
immediate termination of this Agreement by the CITY.
59. The CONTRACTOR agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the
goods and /or services provided to the CITY. The CONTRACTOR agrees
that any program or initiative involving the work that could adversely
affect any personnel involved, citizens, residents, users, neighbors or the
surrounding environment will ensure compliance with any and all
employment safety, environmental and health laws.
60. The CONTRACTOR shall ensure that all goods and /or services are
provided to the CITY after the CONTRACTOR has obtained, at its sole
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Goldsboro Trail, Phase II. IFB 10/11 -12
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
Goldsboro Trail, Phase II. 1 FB 10/11 -12
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
Goldsboro Trail, Phase II. 1 FB 10/11 -12
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
Goldsboro Trail, Phase II. 1 FB 10/11 -12
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
Goldsboro Trail, Phase II. 1 FB 10/11 -12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
NTRACTOR:
_
E t CwL
Name of Firm
B (Signature)
Date (SEAL)
Printed Name and Title
ST:
S / /
By (Signature)
Date
Printed Name and Title
OWNER:
Name of Owner
By (Signature) Date (SEAL)
Printed Name and Title
AT!
By ( nature) ate
Janet Dougherty, City Clerk
Printed Name and Title
Approved as to form and
leaa6stff�iancv.
ity Atto ney
W
END OF SECTION
00520 -17
Goldsboro Trail, Phase II. 1 FB 10/11 -12
ORIGINAL
SECTION 00410
BID FORM
PART1 GENERAL
(1) Name of Project as shown in the Invitation for Bids
(2) Owner
(3) 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 "7- 7 , - I I
Number Dated 7 -7 -ad 1 I
Number 3 Dated - 7- 13 -a-6 r 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.
00410 -1
BID SUBMISSION FORM
1.01 Description
The following Bid, for the (1) Goldsboro Trail. Phase ll. IFB 10/11 -12 is hereby made to 2 The
City of Sanford. Florida hereafter called the Owner. This Bid is submitted by (3)
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 calendar days of the date of the Notice to Proceed.
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.
Name of Bidder: _ �S� 14 G E bQU P ..0 'Tr4
(This area left blank intentionally)
00410 -2
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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.
1.05 RESPECTFULLY SUBMITTED, signed and sealed this 1 day of
Contractor
By ' ?Signature) Date
Printed Name and Title
Business Address
A Pip 4 , F 13;� (CORPORATE SEAL)
City State Zip Code
4 0 �' 15 1 k a ir d' L16.1 - "3')�
Telephone No. Facsimile No.
ATTEST /
7-19 -11
By (Signature) Date
I r e,e1AA,) Jt c:c /w,e y
Printed Name and Title
END OF SECTION
00410 -6
BID SUBMISSION FORM
SECTION 00420
BID BOND FORM
KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Stage Door 11, Inc.
as Principal, and (2) The Ohio Casualty Insurance Compan
as Surety, are hereby and firmly bound unto The (3) City
of Sanford, Florida as Owner, in the penal sum of (4) Five percent of amount bid
Dollars ($ 5 % ""' ---- ) (5 percent of the total base bid) 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, Florida as Owner a certain Bid for (5) IFB 10/11 -12 Goldsboro Trail,
Phase II. , attached hereto and hereby made a part hereof.
1) Bidder
2) Surety
3) City of Sanford, Florida
4) Amount of Bond as Required in the Instructions to Bidders
5) Name of Project as Shown in Invitation for Bids
NOW, THEREFORE,
A. If said Bidder shall be in rejected, or in the alternate,
B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement
(properly completed in accordance with the Bidding Documents), and shall 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 some 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
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed
and these presents to be signed by their proper officers.
Signed and sealed this 19 day of July
2010
, ATTEST:
By (Principal Officer)
�R/h1►5 ✓��� .� cat .
Typed Name and Title
(CORPORATE SEAL)
/By
anette Fiorvante, Witness
Typed Name and Title
(SEAL)
Stage Door II, Inc.
Principal
By (Signature of Officer)
V.
Typed Name and Title
3208 Overland Rd
Address
Apopka, FL 32703
City, State, Zip
The Ohio Casualty Insurance Company
Surety„ � • '
By: /LL/�� tAttoey -i act
Cindy L. Mirisola, Attorney -in -Fact
Typed Name and Title
1021 Douglas Avenue
Address
Altamonte Springs, FL 32714
City, State, Zip
407 - 389 -3588
Telephone No.
END OF SECTION
407 - 389 -8488
Facsimile No.
00420 -2
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
No. 43-445
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST
AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of
Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and
appoint: Deidre R. Padgett, Barbara Aldinger, Gerald K. Sihle or Cindy L. Mirisola of Altamonte Spg, Florida its true and lawful agent (s) and
attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS,
and RECOGNIZANCES, not exceeding in any single instance TEN MILLION ($10,000,000.00) DOLLARS, excluding, however, any bond(s) or
undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all
intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers. of the Companies at their administrative
offices in Fairfield, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above.named attorneys) -in -fact.
In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has
hereunto subscribed his name and affixed the Corporate Seal of each Company this 10th day of May, 2010.
1; SEAL �. SEAL' �J/L ttCiJ
i
rn J. Timothy D'Errico, Assistant Secretary N
O STATE OF OHIO, _
CL COUNTY OF BUTLER
On this 10th day of May, 2010 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and
qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN
INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he
acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the
seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were
duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first
above written. q p
C Ai l X1
g Lj
Notary Public in and for County of Butler, State of Ohio
My Commission expires August 5, 2012.
This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty
Insurance Company and West American Insurance Company, extracts from which read:
Article III, Section 9. Appointment of Attomevs -in -Fact The Chairman of the Board, the President, any Vice - President, the Secretary or any
Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attomeys -in -fact for the purpose of
signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds,
recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm,
corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board
or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof
This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21,
2004:
RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By -laws
and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on bebalf of the Company to make, execute, seal
and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof, to prescribe their
respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the
Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it
is attached, be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the
foregoing power of attorney, the referenced By -Laws of the Companies, and. the above resolution of their Boards of Directors are true and correct
copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 19 day of July 20 11
Assistant Secretary
SECTION 00420
BID BOND FORM
KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Stage Door ll, Inc.
as Principal, and (2) The Ohio Casualty Insurance Compan
as Surety, are hereby and firmly bound unto The (3) City
of Sanford, Florida as Owner, in the penal sum of (4) Five percent of amount bid
Dollars ($ 5 % ----- -- _ ------ ) (5 percent of the total base bid) 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 obligati
Opw Ythe Principal has submitted to (3)
The City of Sanford, Florida as Owner a certain Bid for (5) IFB 10/11 -12 Goldsboro Trail.
Phase ll. , attached hereto and hereby made a part hereof.
1) Bidder
2) Surety
3) City of Sanford, Florida
4) Amount of Bond as Required In the Instructions to Bidders
5) Name of Project as Shown in invitation for Bids
NOW, THEREFORE,
A. If said Bidder shall be in rejected, or in the alternate,
B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement
(properly completed in accordance with the Bidding Documents), and shall 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
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed
and these presents to be signed by their proper officers.
Signed and sealed this 19 day of July 2010
Stage Door II, Inc.
ATTEST:
By (Principal Officer)
Typed Name and Title
(CORPORATE SEAL)
By
Jeanette Fiorvante, Witness
Typed Name and Title
(SEAL)
Principal
By (Signature of Officer)
Typed Name and Title
3208 Overland Rd
Address
Apopka, FL 32703
City, State, Zip
The Ohio CajkjQy Insurance Company
Surety -AM; opy
By:
Attorney -in -Fact
Cindy L. Mirisola, Attorney -in -Fact
Typed Name and Title
1021 Dou Avenue
Address
Altamonte Springs, FL 32714
City, State, Zip
407 - 389 -3588 4 - 389 -8488
Telephone No. Facsimile No.
END OF SECTION
00420 -2
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
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No. 43 -445
Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST
AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of
Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and
appoint: Deidre R. Padgett, Barbara Aldinger, Gerald K. Sihle or Cindy L. Mirisola of Altamonte Spg, Florida its true and lawful agent (s) and
attomey (s) -in -fact, to make, execute, sea[ and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS,
and RECOGNIZANCES, not ekceeding in any single instance TEN. MILLION (S10,000,00W00) DOLLARS, excluding, however, any bond(s) or
undertaking(s) guaranteeing the .payment of notes "and interest th6 6n
And the execution of such bon4s.oe_undertakm6:in pursuance bf these presents; shall be as .binding upon Companie%_8 fully and amply, to all
intents and purposes, as if they hid - been duly executed and acknowledged by the;tcgularly elected officers -.of the Comparties.at their administrative
offices in Fairfield, Ohio, in their ovyn proper. persons.
The authority granted hereunder snpgrsedesany "previous authority heretofore granted-the above.named 1tt6m' e'y(s) -in -fact.
In WITNESS WHEREOF, the undersigned officer of the:said-The Ohio Casualty hisurancte onzpany;and:West Ameri can Insurance Company has
hereunto subscribed his name and affiged.tMe Corporate Seal ofeach.Company.ffiis 10th deg of.:May, 2(110:
STATE OF OHIO,
COUNTY OF BUTLER
J. Timothy D'Errico, Assistant Secretary
On this 10th day of May, 2010 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and
qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN
INSURANCE COMPANY, to me personally known to be the indivi Cdep, d who executed the preceding instrument, and he
acknowledged the execution of the same, and being by me duly sw s e officer of the Companies aforesaid, and that the
seals affixed to the preceding instrument are the Corporate Seals of o s d the s Corporate Seals and his signature as officer were
duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first
above written.
e .j -&tt
Notary Public in and for County of Butler, State of Ohio
My Commission expires August 5, 2012.
This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty
Insurance Company and West American Insurance Company, extracts from which read:
Article III, Section 9. intirtmit of Attorneys -in -Fact The Chairman of the Board, the President, any Vice - President, the Secretary or any
Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of
signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds,
recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm,
corporation, partnership, limited liability company or other entity, or the official representative thereof; or to any county or state, or any official board
or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof
O V This instrument is signed and seated as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21,
roc 2004:
L RESOLVED, That the signature of any .officer of the Comp pany authorized_ under Artrcle.111, Section _9 of its Code of,Regulations and By -laws
0 O and the Company seal may b0 affixed by facsimile to any power pf attorney or copy thereof issued on behalf of the Company to make, execute, seal
o and deliver for and on its behalf as surety any and all bonds, undertakings. or' "other written .-obligatibhs`in the nature thereof to prescribe their
respective duties and the respective limits of their authority; and to revoke any such : appointment Such signatures and seal Are:hereby adopted by the
Company as original signatures and seal and s with respeci to any bond, undertaking or other written . obligations in the nature thereof to which it
is attached, be valid and binding _pon the Company with 'the same force and effeit as:though manually affixed.
CEPTIRCAM
L the undersigned Assistant Secretary.oM— i Ohio Casualty klsmance Company and West American Insurance Company, "do hereby certify that the
foregoing power of attorney, the referenced By -Laws of the Companies and. rlte above resolution of their —Boards. :of Directors are true and correct
copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 1 9 day of July 2011
Assistant Secretary
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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? A/D_
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from
a contract or job related to the services your firm provides in the regular course of business within
the last five (5) years? NO
3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or
litigation in the past five (5) years that is related to the services your firm provides in the regular
course of business? WQ 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.
Printed or Typed Name and Title
IFB 10/11 -12 Goldsboro Trail, Phase II.
FORM NO. DSPT 12.204
THIS FORM MUST BE SUBMITTED WITH BID
Hutnonzed Signature Date
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.
r ( X0 ,2. 7 rl
Firm
7 /le It /
Authorized Sig nature Date
f'. � r Sf � r�' (.k ✓I T I . �� S t CI � �2. T
Printed or Typed Name and Title
IFB 10/11 -12 Goldsboro Trail, Phase II.
FORM NO, DFWP 14.204
THIS FORM MUST BE SUBMITTED WITH BID
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 l statement is submitted to The City of Sanford
by P� M r V , ti '�� L I�l on behalf of _ -�►� C �ck itt X- lc/C
whose business address is: ()Vr =fLL A,.J ,( a k'
Nopk - , F-L-
and (if applicable) its Federal Employer Identification Number (FEIN) is 5 (If the entity has
no FEIN, include the Social Security Number of the individual signing this statement: }.
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.
I 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.
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 CONTAIN EDJN THIS FORM.
(signature)
(late)
State of Florida
County of yra .1 C'
On this M day of Jilt- tj , 20 , before me, the undersigned Notary Public of the State of
Florida, personally �P pgared
IJQrr V P, /f j 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 PUBLI , STATE OF FLORI
NOTARY PUBLIC
SEAL OF OFFICE: - D& pia VCa G1
(Name of Notary Public: Print, Stamp, or Type as Com issioned.)
DEBORAH JEAN LA
= _ Personally known to me, or
'= MY COMMISSION # E6048206 _ Produced identification:
... .. EXPIRES December 12, 2014
(407) 398 -0953 FlontleNotaryService.com (Type of Identification Produced)
_ DID take an oath, or
DID NOT take an oath.
IFB 10/11 -12 Goldsboro Trail, Phase II.
FORM NO. PEC 15.204
THIS FORM MUST BE SUBMITTED WITH BID
00435 -4
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 11245, 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.
Official Address:
mod-
IFB 10/11 -12 Goldsboro Trail, Phase II.
FORM NO. SFAC 16.204
THIS FORM MUST BE SUBMITTED WITH BID
Date: J S.�l IC-) 2_D tl
Conflict of Interest Statement 435 -6
1. i rr( V. + j �G>+1 �1 of eJA 1 bb(.F. Tr4 r deposes and states that
Name of Affiant Name of Company
2. The above named entity is submitting an Expression of Interest for the City of Sanford project
identified below.
3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based
upon his own knowledge.
4. The Affiant states that only one submittal for the above project is being submitted and that the above
named entity has no financial interest in other entities submitting proposals for the same project.
5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in
connection with the entity's submittal for the above project. This statement restricts the discussion of
pricing data until the completion of negotiations and execution of the Agreement for this project.
6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or
otherwise ineligible from participating in contract lettings by any local, state, or federal agency.
7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of
interest due to any other clients, contracts, or property interests for this project.
8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any
aspect of or Department of the City of Sanford.
9. 1 certify that no member of the entity's ownership or management is presently applying for an
employee position or actively seeking an elected position with City of Sanford.
10. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above
named entity, will immediately notify thef k of Sanford in writing.
ll Signature of Affiant Date
T— --
Typed or Printed Name of Affiant Title
State of Florida, County of Ce -CL'I L t
On this ' C day of _ r �- 20 f l before me, the undersigned Notary Public of the State of
Florida, personall appeared
Pf V P i,ftCe.,� t 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 PU LIC, STATE OF KORIDA
NOTARY PUBLIC
f
�1
SEAL OF OFFICE:
��. ✓tom
(Name of Notary Public: Print, Stamp, or Type as C mmissioned.)
►" "' ' DEBORAH JEAN LACEY
A
= I
- known to me, or
MY COMMISSION # EE048208
_Produced identification:
EXPIRES December 12 2014
(407) 398 -0153 FlorideNotaryServicexom
(Type of Identification Produced)
_ DID take an oath, or
DID NOT take an oath.
IFB 10/11 -12 Goldsboro Trail, Phase II.
FORM NO. CFI 18.204
THIS FORM MUST BE SUBMITTED WITH BID
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 th' ocument.
7- -1q -�/
�Signalure of la; t I Date
{ r V t� tY h c 5 16 e'j f
Typed or Printed Name of Affiant Title
State of Florida, County of A - 6LA1,'F On this 19 day of �� � , 20 l 1, before
me, the undersigne N otary � blic of the State of Florida, personally appeared
p. (J. i &&_'l A 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.I
NOTARY PUBLIC, STATE O LORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
5 +' "Y'" DEBORAH JEAN LACEY
A „ MY COMMISSION # E6048206
'', ;or EXPIRES December 12, 2014
t407) 398 -0153 FlorldsNote Service.com
IFB 10/11 -12 Goldsboro Trail, Phase II.
FORM No. AC 5.908
(Name of Notary Public: Print, Stamp, or T pe as Commissioned.)
`-� Personally known to me, or _ Produced identification
(Type of Identification Produced)
_ DID take an oath, or
DID NOT take an oath
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
' fAccne La"e ff X—wc— (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 1 -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:
Signature:
Printed Name: t'C+ ( V, " R,4co n
Title: �(i t'�''U Date:
Affix Corporate Seal
STATE OF F/0 & �j )
ss
COUNTY OF 1)k,4.w4 ,, )
The foregoing instrument was acknowledged before me this / I day of , 20 ,
by of fi m), on behalf of the
firm. he is per nally kn * to me or has produced
identification.
Print NanieUSAeb,0, -a_JJ1 UA,N LA cc_- -i
Notary Public in and for the County
and State Aforementioned
My commission expires:
DEBORAH JEAN LACEY
MY COMMISSION # E6048206
EXPIRES December 12, 2014
(407)398.0153 FloridallotarySmice.com
IFB 10/11 -12 Goldsboro Trail, Phase II.
Form No. IM 0506.209
THIS FORM MUST BE SUBMITTED WITH BID
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: �-E -� -�c
D�� j�
Signature: Printed Name: `t' -0—�r V, f i (V Q2 VL I
Title: - ?r' I: � I Cf ✓t� Date: _ j ( t
Affix Corporate Seal
STATE OF f to (6,q }
) ss
COUNTY OF ra-n -e )
Th4fore oing instrument was acknowledged before me this /g day of " 1& 20 it by - - - of Jlft�� Lcl' Z r T.. rm), on behalf of the
firhe is sonally known to me or has produced
Identification.
Print Name
Notary Public in and for the County
and State Aforementioned
My commission expires:
DEBORAH JEAN LACEY
' - My COMMISSION # E6048206
N .d'„
EXPIRES December 12, 2014
(407) 390 -0153 rloridaiNoterySeryicexom
IFB 10111 -12 Goldsboro Trail, Phase II.
Form No. AWD 0512.209
THIS FORM MUST BE SUBMITTED WITH BID
RECYCLED CONTENT INFORMATION REPORT 435 -10
In support of the Florida Waste Management Law, bidders are encouraged to supply with their
bid, any information available regarding recycled material content in the products bid. The City is
particularly interested in the type of recycled material used (such as paper, plastic, glass, metal,
etc.); the percentage of recycled material contained in the product and the cost and product
performance impact of increasing the percentage of recycled content. The City also requests
information regarding any known or potential material content in the product that may be
extracted and recycled after the product has served its intended purpose.
Product bid contains recycled content?
Yes No
Percent of recycled content contained.
Percent of recycled content which is post end user material
Is your product packaged and /or shipped in material containing recycled content?
-`� Yes No.
Is your product recyclable after it has reached its intended end use?
Yes No.
THIS FORM IS VOLUNTARY BUT HIGHLY ENCOURAGED
SECTION 00436
AFFIDAVIT OF E- VERIFY REQUIRMENTS COMPLIANCE
City of Sanford, Florida
Name of Project: 60 i dsLtrp 1 ra: / J��cr se
Bid Number /Contract Number: y -F6 . /o/11- 12 -
I, 1 V. the duly authorized representative /agent of
,5+4&> E b600, 117 =Nc , hereinafter referred to as Contractor, by this Affidavit attest to
the following:
1. That the Contractor is currently in compliance with and throughout the term of Contract
Number !D/11 - 12 will remain in compliance with Executive Order 11 -02, issued
by the Office of the Governor, State of Florida, requiring the use of the Department of
Homeland Security's Status Verification ( "E- Verify ") System to ensure that all employees
of the Contract and the Contractor's subcontractors performing work under the above -
listed Contract are legally permitted to work in the United States.
a. Each Contractor that performs work under the Project referenced above shall provide
the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating
enrollment in the E- Verify Program.
2. That the Contractor will register and participate in the work status verification for all
newly hired employees of the contractor and for all subcontractors performing work on
the above - listed Contract.
3. That the Contractor agrees to maintain records of its compliance with the verification
requirements as outlined in this Affidavit and, upon request of the any Authority having
jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to
provide a copy of each such verification to that Authority.
4. That all persons assig ed by the Contractor or its subcontractors to perform work under
contract Number / v Z meet the employment eligibility requirements as
established by the Federal Government and the government of the State of Florida.
5. That the Contractor understands and agrees that its failure to comply with the verification
requirements as set forth herein or its failure to ensurp that all employees and
subcontracts performing work under Contract Number i - 2. are legally
authorized to work in t e United States and the State of Florida constitute a breach of
Contract Number jol -iz for which the City of Sanford may immediately
terminate the Contract without notice and without penalty. Contractor further
understands and agrees that in the event of such termination, the Contractor shall be
liable to the City for any costs incurred by the City as a result of the Contractor's breach.
6. That for the purposes of this Affidavit, the following definitions apply:
"Employee" - Any person who is hired to perform work in the State of Florida
"Status Verification System" - the procedures developed under the Illegal
Immigration Reform and Immigration Responsibility Act of 1996, operated by the
Department of Homeland Security and known as the "E- Verify Program ", or any
successor electronic verification system that may replace the E- Verify Program.
00436
[Balance of this page intentionally blank; signatory page follows]
DATED this / day of -1 1 , 20 /r
D � - 0'e T NC,-'
Contractor Name
By:
Print Name: 1� ekr t.�G2iI ,
Title: CS igse -)
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that, on this / day of J u , 20 8 , before me,
an officer duly authorized the State and County aforesaid to take cknowledgments, personally
appeared �e� ✓. r� Cey1t ,'!who is personally known to
me or_ who has produced as identification.
Print Name !bAA,rx17 Tj N �-A" ti
Notary Public in and for the County
and State Aforementioned
My commission expires:
:�'Y'• DEBORAH JEAN LACEY
MY COMMISSION # EE048206
v EXPIRES December 12, 2014
(407) 398 -0153 FlorldsNotery$emicexom
00436