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1494 Stage Door II/Sanford Watermain Exte - ni- PURCHASING DEPARTMENT T RANsmITTAL MEMORANDUM TO: City Clerk/ Mayor RE: Stage Door II IFB 11/12 -01 Sanford Watermain E Agreement 00520 Or The item(s) noted below is /are attached and forwarded to your office for the following action(s): PE N MI Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution ® Mayor's signature Safe keeping (V co X Lj— .:s c�a c� N Payment Bond City Manager Signature ti City Clerk Attest/Signature �I - -- - Teter, plea ® Return on i to Purchasing opies Special Instructions: r Marisol Ordonez rom l3' cola MA Date TADept_forms \City Clerk Transmittal Memo - 2009.doe e •rte DOCUMENT APPROVAL Contract/Agreement Name: Stage Door II IFB 11/12 -01 Sanford Watermain East Agreement 00520 Approval: i - - l 3l ZO(Z Da Finance ector Att City o��q t/y1 4 t t k z, Date Date CA SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the o�3 day of Ja.A:W a ol 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 Stage Door II.. Inc. whose principal and local address is 3208 Overland Road, Apopka, FL 32703 hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. Contract Documents The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of Sanford Avenue Water Main Extension, Eleventh Street to Sixth Street (IFB 11/12 -01. 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 180 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 specked 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 Water Main Extension IFB 11/12 -01 00520 -1 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 (Y4) 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 sixty five thousand six hundred seven dollars and 50/100 Dollars ($265.607.50) 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. I. Reserved Water Main Extension IFB 11/12 -01 00520 -2 mal 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. 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. 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. The CONTRACTOR agrees to provide and ensure coordination between goods/services providers. 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. Water Main Extension IFB 11/12 -01 00520 -3 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: Water Main Extension IFB 11/12 -01 00620 -4 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. Water Main Extension IFB 11/12 -01 00520 -5 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: Paul Moore Water Main Extension 11713 11/12 -01 00520 -6 Utilities Director City of Sanford P.O. Box 1788 Sanford, FL 32772 407.688.5106 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 Water Main Extension IFB 11/12 -01 00520 -7 public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination. and any additional services shall be paid to the CONTRACTOR. 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. Water Main Extension IFB 11/12 -01 00520 -8 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 Water Main Extension IFB 11/12 -01 00520 -9 Ilr I+u. 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. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 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. Water Main Extension IFB 11/12 -01 00520 -10 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 Water Main Extension IFB 11/12 -01 00520 -11 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 Water Main Extension IFB 11/12 -01 00520 -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. Water Main Extension 11713 11/12 -01 00520 -13 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. Water Main Extension IFB 11/12 -01 00520 -14 Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 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. 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. This Agreement may only be amended, supplemented or modified by a formal written amendment. 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 Water Main Extension IFB 11/12 -01 00520 -15 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. Water Main Extension IFB 11/12 -01 00520 -16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Stage Door II., Inc. Name of Firm aZ_J" �_ �_ By (SI nature) Date (SEAL) ?&.kr y. - Pne&,derv+ Printed Name and Title ATTEST: By (Signature) Date Printed Name and Title OWNER: Name of Owner By (Signature) 1 / Date (SEAL) Printed Name and � JL �/k V' [L I Janet Dougherty, City Clerk Printed Name and Title ty Attorney Unff END OF SECTION Water Main Extension IFB 11/12 -01 00520 -17 Approved as to form and SECTION 00410 ORIG BID FORM PART GENERAL 1.01 DEscRIPTm THE FOLLOWING BID, FOR THE (1) SANFORD AVENUE WATER MAIN EXTENSION. ELEVENTH ST TO SIXTH ST , IS HEREBY MADE TO (2) THE CITY OF SANFORD HEREAFTER CALLED THE OWN ER. THIS BID IS SUBMITTED BY (3) '" : (4 0 - ) - -5 -- ) 'o- -ael 1 8 . (1) NAME OF PRQ ECrA8 sllOwwOW7WINM A naNFOR Bros (2) OWaR (3) AAQ TRWHOALEMMAINER 1.02 THE UNDERSIGNED: A. ACKNOWLEDGES RECEIPT OF: 1. PROJECT MANUAL AND DRAWINGS IDENTIFIED WITHIN THE PROJECT MANUAL. 2. ADDENDA: NUMBER DATED - /o NUMBER �_ DATED //-/t/ NUMBER DATED //- /7 // NUMBER DATED B. HAS EXAMINED THE SITE AND ALL BIDDING DOCUMENTS AND UNDERSTANDS THAT IN SUBMITTING HIS BID, HE WANES 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. 00410-3 BID SUBMISSION FORM IFB 11/12 -01 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 180 CALENDAR DAYS OF THE DATE OF THE NOTICE TO PROCEED. 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 F1llxfPdi:t NAME OF BIDDER: S TA & C ©y bp- JT� 77 (THIS AREA LEFT BLANK INTENTIONALLY) 00410-4 BID SUBMISSION FORM IFB 11/12 -01 SANFORD AVENUE WATERMAIN EXTENSION ELEVENTH STREET TO S D(TH STREET UNIT PRICE BID ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE EXTENDE PRICE 1 MOBILIZATION LS 1 2 MAINTENANCE OF TRAFFIC LS 1 / /0 W 3 FIELD ENGINEERING AND SURVEY CONTROLS LS 1 /000,0 -t 4 `CLEARING AND GRUBBING LS 1 W,co 5 MILLING AND RESURFACING (1° AVERAGE ) SY 2743 9.9 6 CURB AND GUTTER (T F LF 1478 7 CONCRETE SIDEWALK 4° THICK SY 85 Agn 3ploo, 8 CONCRETE DRIVEWAY 6° THICK SY 82 , 9 SOD BAHIA SY 1778 10 WATER MAIN 6' PVC LF 50 / 7 ep 11 WATER MAIN 10° PVC LF 1158 ay OD al'79 . 12 DIRECTIONAL DRILL 10° LF 497 70. 90. op 13 WATER MAIN 6 DI LF 246 3p.op 1738b. ISO 14 WATER MAIN 10° DI LF 50 ai So, OD 15 SERVICE LINES (1") EA 20 75D. 0Q W 16 SERVICE LINES 2° EA 1 3op,ea 300. W 17 WATER MAIN REMOVAL 10° CIP LF 1594 > /b • co 18 FITTINGS BENDS, WYES TEE, CAP TN 3 19 WET TAP W/HORIZONTAL VALVE 6" EA 3 a1O0o, 20 GATE VALVE AND Box 6" EA 4 0 21 LINE STOP ASSEMBLY 6° EA 4 , 22 WET TAP W/HORIZONTAL VALVE 10" EA 1 7n6l),tt ?000, 23 GATE VALVE AND Box 10° EA 2 / '/Do. a�rv. do 24 LINE STOP ASSEMBLY 10° EA 3 000• ' 25 FIRE HYDRANT ASSEMBLY EA 4 aszw • c0 1 O coo, to TOTAL BASE BID atos400. TOTAL BASE BID WRITTEN OUT: 5/X s4elt r► 00410-5 BID SUBMISSION FORM IFB 1 V12 -01 1.04 MISCELLANEOUS REQUIREMENTS AND AFFIRMATIONS A. BIDS MUST BE ON THE BID FORM. B. I HAVE ATTACHED THE REQUIRED BID SECURITY TO THIS BID. 1.05 THIS BID IS SUBMITTED SIGNED AND SEALED THIS 30 DAY OF MVZrn 6 M ZO1 / CON 2 (SIGNATURE) DATE �r V, f ,9-C� n�i �i1 tSl /J our PRINTED NAME AND TITLE ,3o lj f 6VF-4LA D 4 0 BUSINESS ADDRESS A 0, �-A. F .39703 (CORPORATE SEAL) CITY STATE ZIP CODE #8Q -s7 h' -. i k yon a9a TELEPHONE NO. FACSIMILE NO. EMAIL ADDRESS ATTEST: BY (SIGNATURE) DATE PRINTED NAME AND TITLE END OF SECTION 00410 -6 BID SUBMISSION FORM IFB 11/12 -01 SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Stage Door II,lnc. 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) Sanford Ave.. Water Main Extension Eleventh St. to Sixth St. , 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 30th day of November 2011 IEST: By (Principal Officer) Tomes "plc/% 40 Typed Name and Title Stage Door II, Inc. Principal op 'by (Signature of Officer) Ap,�7€4 -/ — 2.s4cANT J Typed Name and Title END OF SECTION 00420 -2 3208 Overland Rd (CORPORATE SEAL) Address Apopka, FL 32703 City, State, Zip The Ohio Casualty Insurance Compa Surety axt.ft By: V Attomey-iiiLFact Shelltt\ F LN W A '� Cindy L. Mirisola, Attomey -in -Fact , Typed Name and Title Typed Name and Title 1021 Douglas Avenue (SEAL) Address Altamonte Springs, FL 32714 City, State, Zip (407)389 -3588 (407)389 -8488 Telephone No. Facsimile No. END OF SECTION 00420 -2 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 Know All Men by TNo. 43 -445 hese 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 Y- 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 : elf BONDS, UNDERTAKINGS; and RECOGNIZANCES not eicceeding in any single instance TEN.MII LXpN (510,000,000:00) DOELARS, eXclndirig; however, any bond(s) or undeitaking(s) gi►arantarngtl►e::payment of notes.ar►i1 interest thereon And the execution ofSuch bonds or undertakutSs in pursuance.of these presents shall be as boding upon said Companies as::fiulty and amply, to aII intents and purposes , as if th bad been dui executed mfd:acknowled ed b. the Y g y regularly e1tcted officers of the Companies at their administrative offices in Fairfield, Ohio, in their ovigtproper.petsons The authority granted hereunder supersedes atiy previous #thority heretofore granted the above learned attorneY(s) - in - fact W1TNESS WHEREOF, the undersigned officer of the said The ; Ohio Casuatty Insurance Company and West Aniamn bsurance Company has hereunto subscribed his name and affitied.the Corporate Seal =of each Company this 10th day of May, 21110;: j STATE OF OHIO, J Timothy D'Errico, Assistant Secretary � COUNTY OF BUTLER d.: On this 10t6 day ofMay, 20110 before the subscriber, a Notary Public of the,.State of Ohio, in and for the County of Butler, duly commissioned and C qualified, :came J. Ti mot hy_D'Errieo, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, tb fne personally lcnowrt.to be "the. individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution* of the same, and bring, by me duly sworn deposes and says that he is th o ffi cer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Coinpanies, and the said Corporate Seals and his signature as officer were 121 1 d duly affixed and subscribed to the said instrument by the authori ty an direction of the said Corporations. i . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, above written. the day and year first t � NMI j a �- Notary Public in and for County of Butler, State of Ohio p 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 Re _ gulations and By -Laws of The Ohio Casualty ., Insurance Company. and West AmCrlcap.Insurance Company, extracts from which read' Article Section 9 p of. Ifi, ARnomtrnent ofAtta►�+�+s -in Fgct The Chairman of the Board, the President, any Vice- President, the S y I ID Assistant Secretary, of.tbe corporation shall be and is here vested with full Y or an p : by power and authority to "ap appoint attom s -in -fact for the a of Po eY purpose }. 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, l C rccognizaurces, stipulations, undertakings of other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, di corporation,- partnership, limited liability company or other entity, or the official representative thereof; or to any county or state, or any official board j or boards of any county or state, or the United States of America or any agency themOt or to any other political subdivision thereof This instrument is signed and sealed as authorized. by the following resolution adopted 2004: by the Boards of Directors of the Companies on October 21, s C i RESOLVER; That the signature of any officer of the Company anthorizod :under Article IIh Section 9 of its Code of Regulations and By -laws and the Company seal, may be of by facsuiUle t0 a P iTf attorney or copy thereof issued on bohalf:of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings t)t other written obligations %n the nature thereof; to prescribe their respective duties anti .the respective Irtnits of thtu authonty and to revoke any such appointrneM Stich signatirros and seal are hereby adopted by the Company as original:sfgnatiires aid seal and sittall; with respect to arty bond, undertalting_or other vitten obligations in the nature thereof to which it is attached valid and binding upon#he Cornpany with the S:anie. force and effect as "though manually affixed . CERMCATL . I, the undersigned Assistant Secretary of The Ohio Casualty Ipswance Corgparty aril West American hisuranoe C foregoing power do hereby certify that the oin 8 Power of attorney, the g re denied. By -Laws of the Companies and: thb above resolution of thtN Boards of: Directors are true and correct copies and are in full force and eflbct on this date. , . IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 30 day of November 2011 BLAL ; �i SAL - Assistant Secretary m N d C C O vy dW C 0c V 0 o 3C a °, E W A wg OC 2 m� E C 1 v� O u i 1— T SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Stage Door Il,lnc. 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) Sanford Ave.. Water Main Extension Eleventh St. to Sixth St. , 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 NAOFute and deliver the Agreement (properly completed in accordan t ddin ocuments), 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 30th day of November 2011 ATTEST: By (Principal Officer) Typed Name and Title (CORPORATE SEAL) By Typed Name and Title (SEAL) Stage Door II, Inc. Principal By (Signature of Officer) Typed Name and Title 3208 Overland Rd Address Apopka, FL 32703 City, State, Zip The Ohio Casua Insurance Compa Surety O By: Attomey -in -Fa Cindy L. Mirisola, Attorney-in-Fact Typed Name and Title 1021 Douglas Avenue Address Altamonte Springs, FL 32714 City, State, Zip (407)389 -3588 (407)389 -8488 Telephone No. Facsimile No. END OF SECTION 00420 -2 THIS POWER OF ATTORNEY IS NOT 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 a 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 belialf.as surety, and as its act and deed,any" and: "aii BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance T1vIV bZIL> SON (S10,000,000'.00) DObT,AitS, e�tclbdiiig,. however, any bond(s) or undertaken g s guaranteeingllre:: g: dymentofnotesandinterest ...:;:".:,... : ..:....:........, .... .. And the execution of Such bonds bs undertakinI;f,.m "pursuensie:::of these presefjts,. hi11 be as bi ding upn[i:said Com ama , •. -.full and amply, intents and P .. Y P Y. to all s .bi Purposes, as if they diil}� ecuted iirld acknowledged by e:; rcgulariy"elected ofcets -of the Compa!pq:at then adunipistrative offices in Fairfield, Ohio, in their propyr:.petsons. The authority granted hereunder :•:.:: `:. SnpeCsedes ":tiny previous :authority heretofore granted'the above.>Xam d attctr{iey(s) -in -fact <:: In WITNESS WHEREOF, the und'ookoo:. ifficer of the. sse44be Ohio Cashaity Insunuioe.- trompany aiid : West Amerii ci< Insurance Company has hereunto subscribed his name and ati6i'fho CorporateSea1:d6kll Compazfy:Bi410th dad of "May, x010;-:" ::,•:: =' STATE OF OHIO, I Timothy D'Errieo, Assistant Secretary COUNTY OF BUTLER O n this 18th day, of May, 2010 b e f o r e th e subscriber a Notary Public of t h e .State of Ohio, in and f o r t he County of Butler, duly commissioned and qualified, came 1. Timothy "I)'Errico, Assistant Seccetiry of THE OHM CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be.the individual aad:offrcefdescribed,in, and who executed the preceding instrument, and he aelmowledged the execution of the same, acid being. by me duly s 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 Compatues; and. the said Corporate Seals and his signature as of were duly affixed and subscribed to the said instrument by the authority and s ` o s. IN TESTIMONY WHEREOF, I have hereunto :set my hand and affix l Ci Hamilton; State of Ohio, the day and year fast above written. O A t . Notary Public in and for County of Butler, State of Ohio My Comm. ission.expires August 5, 20.12 This power attorney is granted under and .by authority -of .auricle III, Section , 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company and West American Insurance Company extracts firnn which read: . Article Il Section 9. A000intment of Attorn + in Fact The Chairman of the Board, the President, any Vice President, the Secretary or a ny Assistant Secretary of the corporation $hall be arid.is hereby vested with frill 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 deriver any and all bonds, 1eeogniz8n6es, 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 enti or the official representative thereofi 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 thereofi 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 2004: on October, 21, :... ... RESOLVED, That the signature of any o ,cQt of the Cortipatiy.sutiioijred. :under Art l I1I, Sectitin:` e 9 of Its Cpile'4f R errors and By-laws and the Company seal may bedffik by facsrntrle to any poxver i?f attoituey pr. coley thereof issued on behal f:of the Comp to make, execute, seal and deliver for and on its betiaT€es surety any and all bops, undertakngs pi puler wriltien bbligations:it the. nature , to prescribe their respective duties and the res P P pectrye tiirrits oftiaeri authonty aed to revoke any su 'i ipointi .;Such signatures and seai:are:hereby adopted by the :... . Company as original signatures Arid ::seal and:":s}ta1l, with.reSpeet any bond, and irg_or4tlSer writteta.tittligations in theneirite thereof to which it is attached, be valid and binding upon lue Corillleny with 4Xe:s:, pMe force and effeet:as:iho ugli piait4ally aiized; -.. , ,. ".. • . �CERT1FiCATL "': I, the undersigned Assistant Secretary".�:'ibe:.Ohio Casualty,.* — ran foregoing g g power of attorney, the rcfecehC: $y -Laws of .the ltd copies and are in full force and effect oii ;ttti§ date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals brtiphifyatid West "Aii%ericart Insurance Cnmpariyy.'do'hereby certify that the and t]ir.above resolGtifln of tliei #: BaBrds:.ti17 tirectors are true and correct ie Companies this 30 day of _ November 2011 Assistant Secretary cc . N d C. 3 A C «r C O 0. do O acc 4 ,C O O C �d 'a 4 r E� L � 0> 7- H; 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? —O 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? A(Q 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) y that is related to the services your firm provides in the regular course of business? 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. d46, L Printed or Typed Name and Title FORM NO. DSPT 12.204 ?ekf- V" ?10-0-/L4 ? 1 0 crt� 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. 6- re � �� Firm L y - go" -C' er //-,h _// Author zed Signature Date !?e kIr V ?l_Cen / � ?/I.GS l b6� Printed or Typed Name and Title FORM NO. DFWP 14.204 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 C p / V. - Pc A-U A on behalf of whose business address is: �3v� Oyr;17 CAl b P4S A_0LVk_q- �F-6 and (if applicable) its Federal Employer Identification Number (FEIN) is 59_ (If the entity has no FEIN, include the Social Security Number of the individual signing this statement: ) . 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of-any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 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. The entity submitting this sworn statement, or one of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) (date) State of Florida County of Or2 Aw(o On this 3D day of AlOVtenbOt , 20! , before me, the undersigned Notary Public of the State of Florida, personally appeared l?e kr ✓. P' Act •, 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. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC - PC - aOi2AH T6:4w A-a SEAL OF OFFICE: Y (Name of Notary Public: Print, Stamp, or Type as Commissioned.) DEBORAH JEAN LACEY •'c MY COMMISSION * E604UM EXPIRES December 12, 2014 (407) 388 0153 FloridsNoterySwvjw.00m FORM NO. PEC 15.204 Personally known to me, or _ Produced identification: (Type of Identification Produced) _ DID take an oath, or DID NOT take an oath. 00435 -3.2 Certification of Non - Segregated Facilities 435-4 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 Omer 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: 11-3o -it e r V. � A Print Name Official Address: rd e'j 2 U 3 FORM NO. SFAC 16.204 Conflict of Interest Statement 435 -5 1. �� � V. ?r ✓+Ca f - i of 2 �" E 6 w 4 3r Try 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. Date l"�'. �e der I , - 4U-4-6 — ?,.ys I -- Typed or Printed Name of Affiant Title State of Florida, County of tY,�.Ar✓loe On this 30 day of Wy ✓e-r► ZQZ- , 2Q . I( , before me, the undersigned Notary Public of the State of Florida, personally appeared �ele� 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. 0 , -A C-74 NOTARY PUBLIC SEAL OF OFFICE: t � DEBORAH JEAN LACEY MY COMMISSION # E604&W EXPIRES December 12, 2014 (407)398.Otb3 FloridaN Stavk».00m NOTARY PUBLIC, STATE OF FLORIDA - �)E/AC -P,rA .LA-C6`j (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. FORM NO. CFI 18.204 Non - collusion Affidavit of Offeror /Bidder 435 -6 5. NOTARY PUBLIC -p - J � L SEAL OF OFFICE: y Y , (Name of Notary Public: Print, Stamp, or Type as Commissioned.) ' DEBORAH JEAN LACEY *: MY COMMISSION # E6048206 EXPIRES December 12, 2014 (407)398-0 53 Flori NotwySovice 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. 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 Typed or Printed Name of Affiant - Pt k ✓, P, ✓a' u - n 4 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 ei Personally known to me, or _ Produced identification (Type of Identification Produced) _ DID take an oath, or DID NOT take an oath FORM No. AC 5.908 State of Florida, County of ®2 16 On this J6 day of !i/ LCk 3EfL , 20 «, before me, the undersigned Notary Public of the State of Florida, personally appeared Unauthorized (Illegal) Alien Workers 436 -7 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 f46 � cuC:V 7 7--rC-� (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: Signature: Printed Name: ?e '�-i ✓ - P , 4u nA Title: 'Pe e", 6g;'1i Date: //A60 /I Affix Corporate Seal STATE OF )SS COUNTY OF D f A?Z& 6 ) The foregoing instrument was acknowledged before me this _l day of Avg r" cF4 , 20 !l , by -? kr ?, #anfi of - 3±'tfo.F firm), on behalf of the firm.MShe is peEsenally no me or has produced identification. Print Name - D�&3o9wLrt --VGA--j LPrc -eat Notary Public in and for the County and State Aforementioned My commission expires: DEBORAH JEAN LACEY _= MY COMMISSION # ESO48206 EXPIRES December 12, 2014 (407 398-0183 FlaWeN ' Form No. IM 0506.209 Americans With Disabilities Act Affidavit 435 -8 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: S ?s :1 C--- Signature: Printed Name: T.P_kr V ?i A -UA� Title: g C-5l ea — L Date: //- Affix Corporate Seal STATE OF 61-.�rrp E ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this 90 day of AJl d0+3 , 20 i/, , by ?.e k r ✓• A htzn A of .SM-rE 60;9- r- - firm), on behalf of the firm tWhe is �er r senalty'� me or has produced identification. Print Name a .T6A� L1}LEN Notary Public in and for the County and State Aforementioned My commission expires: /L 4 L -iY DEBORAH JEAN LACEY MY COMMISSION # E604820o EXPIRES December 12, 2014 (407) 398-0153 FbridaNds ewn Form No. AWD 0512.209 Affidavit: Security and Public Safety Requirements, 00425 -9 Code of Sanford, Florida: 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 t rk ' uch criti itions. gnature of Affiant Date �.o�� V' �,..�.r >_.�.) -� far.- �n�.f �S'T�F}'6E l�uv,e 'T� Z►�C� or Printed Name of Affiant Title Name of Company State of Florida, County of D A - , W6- , F On this 30 day of AA JErn t3 AR, , 20/1 , before me, the V f i A �x.h undersigned Notary Public of the State of Florida, personally appeared ?e,41 ✓-. 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: 7�E�lJr¢ -Arl �FA-�J ✓_A"C -c`� (Name of Notary Public: Print, Stamp, or Type ds Commissioned.) E+396 EBORAH JEAN LACEY `Personally known to me, or Produced identification COMMISSION # ESM206 PIRES December 12 2014 (Type of Identification Produced) F1 o nd a ll otarysmim- 0 m — DID take an oath, or — DID NOT take an oath Offeror's Qualification Statement, 00435 -10 SUBMITTED BY NAME: S+y1_0`1F JT 1?tkr V CHECK ONE: _Individual _Partnership corporation _Other State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: 16 l76 i>v- 71[ 1 ,.NCB The address of the principal place of business 5 is: adg bye` —. l.A-ti+t> R 1� ftWCA, 5= 3a- ?D3 2. If Offeror is a corporation, answer the following: a. Date of Incorporation: P- 1 - 7 � � `� - 7 b. State of Incorporation: - T - 1 O P- taJ A C. President's Name: e r �. �, ,A -Q.Q. An d. Vice President's Name: e. Secretary's Name: f. Treasurer's Name: ff g. Name and address of Resident Agent: �t,�r J„ A-& r1+ I 3. If Offeror is an individual or a partnership, answer the following: a. Date of Organization: b. Name, Address and Ownership Units of all Partners: C. State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: Yes ANA 6. How man years has your organization been in business under its present business name? 9 Under what other former names has your organization operated? N0 n!c 7. Indicate registration, license number or certificate numbers for the businesses or professions which are the subject of the Proposal/Bid. Please attach certificate of competency and/or state registration. Owe, 06 its - 7-1g 8. Have you ever failed to complete any work awarded to you? If so, state when, where and why. /V a 9. State the names, telephone numbers and last known addresses of three (4) owners, individuals or representative of owners with the most knowledge of work which you have performed or goods you have provided on similar projects within the last five years (government owners are preferred as references). It is noted that the experience claimed here must be associated with the company named above. Additional or other relevant experience may be included on a separate sheet provided by the offeror. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the offer and the Offeror being considered for an award. '�Rj a. .d S I' (name) (address) (phone number) (name) (address) (phone number) (name) (address) (phone number) (name) (address) (phone number) 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). tt 1� 1 • a t f cr dannal.d 100 M.A.', rn Ci(Y 71Un to �f - nftS ndIg Y 1.[i/\aAt4 1 t n. 11; ��,44 C- a �nn n p� 11. State the name of the individual who will have personal supervision of the work: 1m � \ntl%e1 7 12. State the names and addresses of all businesses and /or individuals who own an interest of more 435 -10.2 than five percent (5 %) of the Offeror's business and indicate the percentage owned of each such business and /or individual: 13. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Offeror: 330 8 Q vvG- 'IA^C/ 4Y4 ' P(. 3a-7 c/3 14. State the name of the Surety Company which will be providing the bond, and name and address of agent: t o -0646 - I - su.,« �6'M(-V--7&J l� .Si bk a2tµP zt)- a6 / u o3g8 15. Bank References: W t t l S )+A& a 30 ) 5 - 1 (bank) (address) (bank) (address) (bank) (address) THE INFORMATION INDICATED IN ITEM 16 IS NOT REQUESTED AT THIS TIME, HOWEVER, THE CITY RESERVES THE RIGHT TO REQUEST THIS INFORMATION. 16. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). b. Net Fixed Assets C. Other Assets d. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) e. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings) 435 -10.3 State the name of the firm preparing the financial statement and date thereof: This financial statement must be for the identical organization named on page one? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE CITY IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE CITY TO REJECT THE BID OR PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AN A}D AND /�ORHCT. Lam/ a- as Signature of Affiant Date ? pi 4 t �� Typed or Printed Name of Affiant Title State of Florida, County of A A"tf E . On this 30 day of lyd ,f2rn `l , "it , before me, the undersigned Notary Public of the State of Florida, personally appeared e Pe �-,r V 2t A-r ►tiT and (Name(s) of individuals who appeared befootary) whose name(s) is /are Subscribed to the within instrument, arldhe she/they acknowledge th 1 ;;she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLI SEAL OF OFFICE: ►t DEBORAH JEAN LACEY MY COMMISSION # ESM208 EXPIRES December 12, 2014 (407) 398 0153 Florida .=n (Name of Notary Public: Print, Stamp, or Type as Commissioned.) v Personally known to me, or _ Produced identification: _ DID take an oath, or _ DID NOT take an oath. Form No. SOQ 25.204 435 -10.4 (Type of Identification Produced) Mad, Tax Collector Local Business Tax Receipt Orarigeaty, Florida 3sirleitax receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance Businesses ate subjecfto regulation OQn(tag S iealt1t i�d ether. F ig i�i iSjliii receipt is Valid from October t through September 30 of receipt year. Delinquent penalty is a004# �Oatober, 1 [�I;�NAL" • 201 EXPIRES 910/2012 �1'�io04 lJND.ERGROUND UTILITIES $40.00 11 EMPL Fw' . 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W a �1 W 0 A W go p 0 ppp ��3 # W go �+ pr o W O fe o RD a A m Qp �- C '11N X 00 /ur m W� D TC �� m � m O N DO X v (A (D m '11 (P CO v m �-4 X W M 'p1�1 m !t In O = n co w< G 46 0 � m 46 a to - n PL a �v� �I o OD w c o m o o w � v v � D o) m W v c� v w m o 0 OD � 46 N (P v m< 4 v m< 0 6fl m OWD M N y N r -' t0 N W N � v O W fA b! fa Es9 b/! Ch C) O C O O N p rt O O O W O O O O O O O 1 m i W 0 a W co a o 0. M Q. 3 m m rt co m x a < � c 3 a v, 3 n m cn � a 3 3 3 3 zoo a �D co 0 CD Q . COMPLIANCE WITH THE PUBLIC RECORDS LAW, 436 -11 Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers/Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the company submits information exempt from public disclosure, the company must identify with specificity which pages /paragraphs of their bid /proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the company agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the company's documents. /I Date or Printed Name of Affiant Title State of Florida, County of t)4,fff &V On this —2 day of AU a m6V4- 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared r,4rw V ?i Awn-- - and ( Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he/they acknowledge that I�she/they executed it. WITNESS my hand and official seal. c5s NOTARY PUETLIC, STATE OF FLO DA NOTARY PUBLIC SEAL OF OFFICE: DEBORAH JEAN LAC 'c MY COMMISSION # E6048208 EXPIRES December 12, 2014 (407 9'99-0153 F kwb°Notwy -- -- (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 Acknowledgement of Receipt of Exempt Public Records and Agreement to Safeguard 00435 -12 I hereby acknowledge for myself and my principal S (name of bidder or proposer), (hereinafter referred to as the "recipient ") in accordance with the provisions of Florida Statute 119.07(1) and 24(a), Article 1 of the State of Florida Constitution), that any and all documents such as building plans, blueprints, schematic drawings and diagrams, regardless of the status of the documents (draft, preliminary or final) which depict the internal layout and structural elements of a proposed or existing public building, arena, stadium, water treatment facility, wastewater treatment facility, or other structure owned or operated by the City of Sanford that have been provided to the recipient by the City of Sanford are exempt from the Public Records Law of the State of Florida as set forth in the above reverenced law. The recipient hereby acknowledges its obligation to maintain the exempt status of this information and agrees to fully maintain, in every respect, the exempt'status of the documents and protect and safeguard the documents from public dissemination. The recipient recognizes that the purpose of this exemption is to protect the City of Sanford, its citizens and the general public from acts of terrorism. The statement of the recipient made herein includes binding representations with regard to the following persons and entities, without limitation: all subcontractors (potential or contracted) of recipient, all employees, agents, officers and any other persons associated with recipient. The recipient shall ensure that all said persons and entities are advised of and agree to protect the exempt nature of the above referenced documents and to safeguard same prior to permitting any of the above said persons or entities to have access to the referenced documents. The recipient may use the referenced documents to make Bids upon an exempt municipal project in coordination with such persons and entities, provided recipient ensures that the exempt status and control of the documents is protected. Listing of specific documents, provided to the Recipient as documented below, which are exempt from the Statutes indicated and as provided above: 1 2 3 Recipient: 1 -34 -11 Signature Date Representing: D a 04 3t 7!WC- - Name of Company / Printed Name and Title: 1 e (/� �e q � 3 i DEr Solicitation Number: �!3 ///1 l Solicitation Title: Si4-r Py D ,A,re nvz lit 4x& Ma j ri a" st ogy r Ef�re r, �h S� & S, X g S� 5.1208 Exempt Public Records SECTION 00436 AFFIDAVIT OF E- VERIFY REQUIRMENTS COMPLIANCE City of Sanford, Florida Name of Project: 10 inch main, four hydrants and service Lines. Sanford Ave., 6th Street to 11 th Street Bid Number /Contract Number: IFB 1 1/12 -01 I, ?e tei V. ?ihcgwi the duly authorized representative /agent of S,Fw� ®ooQ _TL' 2yc� , hereinafter referred to as Contractor, by this Affidavit attest to the following: 1. That the Contra or is currently in compliance with and throughout the term of Contract Number T/= 11 la i 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 assigned I by the Contractor or its subcontractors to perform work under contract Number .SF8 J�lra -c 1 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 ensure tha all employees and subcontracts performing work under Contract Number 11 1,2 -o1 are legally authorized to work in the UJ�ited States and the State of Florida constitute a breach of Contract Number �Q "/ /z -or 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 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street [Balance of this page intentionally blank, signatory page follows] DATED this .3d day of AloVOY"8C , 20 1 1 S4r L 6oc. .-x .r-r Contractor Name By: a Q"!=:!Z Print Name: ?e V. 4-W -A� Title: S—�>i2V2510EN STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that, on this 30 day of A4 ara"a E2 , 20 11 , before me, an officer duly authorized in the State and County aforesaid to take a nowledgments, personally appeared - Pt ki ✓: ? , A- e-mb , _ ho is personally known to me or_ who has produced as identification. J i ON Print Name ,DEsoe I -Tg;o.-> 4- .4C,�y Notary Public in and for the County and State Aforementioned My commission expires: D=I 'H JEAN LACEY MY SION # E6048208 EXPIRES December 12, 2014 (407 398.0733 FbriusN ServicI.corn 00436 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street SECTION 00440 TRENCH SAFETY STATEMENT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The bidder further identifies the cost of compliance with the applicable trench safety standards as follows: Trench Safety Measure (Description) Units of Measure LF SY Unit Quantify Unit Cost Extended Cost A. slope /76V /. 6ib 70b_ 0) B. C. D. TOTAL: NOTE: The total cost shown herein is already included in the various items in the Total Bid Price in the Contractor's Proposal 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. Failure to complete the above and submit with the Bid Form along with other required bidding documents, may result in bid being declared non- responsive. NOTE: BEFORE EXECUTION, CONTRACTOR IS REQUIRED TO REVIEW SECTION 00430. 00440-1 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street Submitted, signed and sealed this '7 day of A&N/XAL3F2 , 2011. C TOR SI N TURE By: Te,4 /� ' P, & u- hk �/Cz10£ -v z Printed Name Title 3g-0� e VF Y L l_A-r- 1pk 3a 3 Business Address ATTES Signature Seal NOTE: If the Contractor intends to install pipe by some other method than trenching under the definitions found in the Florida Trench Safety Act (90 -96, Laws of Florida), he shall so indicate by outlining in the space provided below the method he proposes and how it will comply with the Florida Trench Safety Act and related OSHA Standards for the Owner's evaluation. The Cost of accomplishing the work by any alternate methods to trenching is included in the bid prices shown in the Contractor's Proposal. Outline of Alternate Method: Submitted, signed and sealed this day of , 2011. CONTRACTOR SIGNATURE By: Printed Name Title Business Address ATTEST: Signature END OF SECTION Seal 00440-2 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street SECTION 00470 Compliance Requirements for Independent Contractors Applicable to Criminal History Evaluation Required by the City of Sanford. Name of Project: 10 inch main, four hydrants and service Lines, Sanford Ave., 6"' to 11th Street Bid Number /Contract Number: IFB 11/12 -01 Reference: a. City ordinance no. 4019 b. Resolution no. 2059 c. 166.0442 tl statutes Contractors who have access to city owned and /or operated facilities designated by the city to be critical to security of public safety shall comply with the following security measures: 1. contractors and each of their employees shall, as and when required by the city, wear an identification badge which provides the name of the employee and the contractor. 2. contractors shall provide within forty -eight (48) hours of the City's request, a list of employees and subcontractors who will have access to city sites and /or facilities, their working days, times and assignments. additionally, the city reserves the right to require the inclusion of individual addresses, social security numbers and driver's license numbers including state of issuance for employees and subcontractors identified above. 3. The Contractor shall cause each employee and subcontractor deemed by the City to be functioning in a position critical to the security and /or public safety of the City to comply with procedures outlined below by submitting their fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation. A. The contractor, applicable to each contractor's and subcontractor's employee identified by the City, shall submit a fingerprint card which includes the ORI /Account Number provided by the City along with a check for $24.00 for each fingerprint card to the Florida Department of Law Enforcement. In addition, if the Police or Sheriffs Department processing the fingerprint cards charges a fee (cash only) for that service, the contractor shall be responsible for that charge. B. The fingerprint request shall include the subject's name, sex, race and date of birth and other information such as DL and SS. C. Fingerprint cards may be processed by any Florida Police Department or Sheriff's Department. If the contractor is "out -of- state," the fingerprint cards may be processed by any PD, etc. and sent to the address below for processing. The ORI No. assigned to the City of Sanford is FL759053Z this number must be used. The City will provide the forms. D. Sanford Police Department fingerprinting time schedule are only Monday, Wednesday and Friday from 9:00 AM -12:00 Noon. E. Fingerprint cards shall be sent to: Criminal Justice Information Services 00470-1 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street Post Office Box 1489 Tallahassee, Florida 32302 -1489 F. The ORI number directs the report to be returned to the City of Sanford. The Contractor shall not request the report to be returned to the Contractor. Only the fingerprint card(s) and the indicated payment are to be placed in the envelope. No cover letter or other instructions are to be included. Only a report(s) sent directly to the City of Sanford by the FDLE will be accepted as valid. If a Contractor or Contractor's employee refuses to authorize the release of their address, social security number, licenses and /or to participate in the criminal history record checks when required by the City, they shall not be allowed to work or continue to work in or on such critical position(s) or project(s). Reports which reflect incidents in an individual's back ground will be addressed and resolved on a case by case basis. Contractor Signature: ���( �� ��� /!',3441 Date Printed Name and Title: Pt /r AT' �2�s c o�•�� STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that, on this 30 day of )U?a/*jj�8F2 , 20 /1- , before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared I�ee,(er ✓, I &CCA + _ , !!who is personally known to me or _ who has produced as identification. , :►"'° s• DEBORAH -EAN LACEY Print Name Name - AeBo� = A'�j SvIY :;Oi.:tiIS510N # E6048208 EXPIRES December 12 2014 Notary Public in and for the County (407 398 0163 ��criaeN and State Aforementioned My commission expires: 2 END OF SECTION 00470-2 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street ws RM x A r Item No. —TBTf CITY COMMISSION MEMORANDUM 12-011 JANUARY 23, 2012 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Norton N. Bonaparte, Jr., City Manager SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage SUBJECT: Consent Agenda SYNOPSIS: Approval of items on the consent agenda is requested. A) AUTHORIZATION TO USE LAW ENFORCEMENT TRUST FUNDING FOR THE DARE PROGRAM. FiSCAL/STAFFING STATEMENT: The total cost of these supplies is approximately $5,000. BACKGROUND: Due to budgetary constraints, funding for this program has not been included in this year's budget. The supplies needed for this program include DARE tee shirts and training booklets for participating students. LEGAL REVIEW: N /A. RECOMMENDATION: It is staff's recommendation that the City Commission approve the expenditure of $5,000 of Law Enforcement Trust Funds for the procurement of DARE program supplies. LEGAL: The City Attorney's office has reviewed the CPH proposal and the Work Order. RECOMMENDATION: It is staff's recommendation that the City Commission approve the Work Order for CPH Engineers services at a cost of $166,145. E) AWARD OF SANFORD AVENUE WATER MAIN EXTENSION BID (BID #IFB 1 it 12-0 1). F'ISCAL/STAFFING STATEMENT: Funds are budgeted and available. No additional staff is necessary to support this project. BACKGROUND: There is an existing eight inch water line on Sanford Avenue from 6 th Street to 11 Street that is very shallow in depth and located within the pavement of the road. The plan is to relocate the line outside of the pavement at a proper depth and remove the old water line. Plans and permits have been received. Bids were opened on November 30, 2011. We received bids from 12 contractors (see attached bid tabulation). The lowest responsive bid was submitted by Stage Door II, a responsible company, in the amount of $265,607.50. LEGAL REVIEW: The City Attorney has reviewed. RECOMMENDATION: It is staff's recommendation that the City Commission award the bid to Stage Door II in the amount of $265,607.50. SUGGESTED MOTION: "I move to approve the Consent Agenda." City of Sanford - Bid If B 11J12-01 November 30, 2011 2 Bid open by Bill Smith, Purchasing Manager Tabul by Muml Ordoide7, Purchasmg Technician Sanford Water Main Extension I Ith to 6th St., Tel 407-688-502915030 Fax 407-688-5021 Contractors fu On LLB All State Paving, Inc $272,765.00 Andrew Sitework, LLC $294,445.29 Atlantic Civil Construction Corp $362,763.92 Built Rite Construction of Central FL, Inc $291,677.00 Construction Management Asso, LLC $383,736.68 Maxwell Contracting, Inc $311,000.00 TB Landmark Construction, Inc $356,124.83 United Infrastructure Group, Inc $412,157.50 Pal-Rose Site Development $296,541.00 iYoung Communication Co, Inc $341,7 PURCHASING DIVISION INVITATION FOR BIDS Date Issued: October 30, 2011 MAILING ADDRESS CITY OF SANFORD POST OFFICE BOX 1788 3ANFORD, FLORIDA32772 -1788 PHYSICAL ADDRESS CITY HALL 300 NORTH PARK AVENUE 3ANFORD, FLORIDA 32771 -1244 TELEPHONE 407.330.5613 FACSIMILE 407.330.5666 EMAIL SMITHB@CI.SANFORD. FL US WEBSITE "V.CI.SANFORD.FLUS CITY COMMISSION JEFF TRIPLETT MAYOR MARK M DISTRICT 1 DR. VELMA H. WILLIAMS DISTRICT 2, VICE MAYOR RANDYJONES DISTRICT 3 PATTY MAHANY DISTRICT 4 CITY MANAGER NATHAN N. BONAPARTE, JR. PURCHASING MANAGER F. WILLIAM SMITH SOLICITATION NUMBER: IFB 11112 -01 SANFORD AVE., WATER MAIN EXTENSION ELEVENTH ST. TO SIXTH ST OPENING DATE AND TIME: November 30, 2011 at 2:00 p.m. The City of Sanford, Florida hereby requests sealed bids to competitively select a qualified contractor to provide General Contracting services in conjunction with the Project of: Sanford Ave., Water Main Extension from Eleventh Street to Sixth Street, Sanford, Florida identified above and in compliance with the Project Manual and plans applicable to this project. At the indicated date and time for opening, or shortly thereafter, the bids will be publicly opened and read aloud in the City Commission Chambers, Room 117, 300 N. Park Avenue, Sanford, FL. Project manual and bidding documents, including specifications, terms, conditions, general instructions, drawings, etc. are now available and may be obtained by: Downloading at City of Sanford's web site: www.sanfordfl.gov /purchasing 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. Also, submissions from bidder(s) who did not register for and attend the mandatory prebid conference will not be considered. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Personnel Office ADA Coordinator at (407) 330 -5626 forty -eight (48) hours in advance of the meeting. PLEASE NOTE: Submission Documents, addenda issued, short lists, and subsequent awards, if any, may be found on the City of Sanford's web site (www.sanfordfl.gov /purchasing) select Sanford Bid Information. Respectfully, F. William Smith, Purchasing Agent SECTION 00610 PAYMENT BOND Bond #964116330 KNOW ALL MEN BY THESE PRESENTS: that Stage Door 11, Inc. (Name of CONTRACTOR) 3208 Overland Road, Apopka, FL 32703 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and The Ohio Casualty Insurance Company (Name of Surety) 1051 Winderley Place, #105, Maitland, FL 32751 (Address of Surety) called hereinafter called Surety, are held an j�gggrWg .unto 1) City of Sanfor red seven an 50/ 00 OWNER, in the full and just Sum of - Sixty T1 six DOLLARS ($ 265,607.50 ---- -- ) 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 ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the day of a copy of which is hereto attached and made apart hereof for the construction of 2) 10 inch main four hvdrants and service Lines Sanford Ave 6th S treet t o 11th Street IFB 10/12- 01. 1) Name of Owner 2) Name of Project identified in Instructions to Bidders 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 Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 00610 -1 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street "`7 Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty-five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, 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 (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (1) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 4. Any changes in or under the Agreement or Contract Documents 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, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. IN WITNESS WHEREOF, this instrument is executed this the 16th day of _ January 2012 A ST: Secretary (Principal) TK #01,5�E.�Ta 13 Typed Name Stage Door 11, Inc. Principal (Contract r By (Signature) Typed Name and Title 00610 -2 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street (CORPORATE SEAL) Witness to Principal) L , _ • r, Deidre R. Padgett Typed Name (CORPORATE S Witnes0as to Surety I � 4ame Witn4e et� 3208 Overland Rd Address Apopka, FL 32703 City, State, Zip (407)578 -2918 (407)578 -2921 Telephone No. Facsimile No. The Ohio Casualty Insurance Company Surety (407)875 -0777 (407)875 -0778 Telephone No. Facsimile No. By: Attome in -Fact Cindy L. Mirisola Typed Name 1021 Douglas Ave Address Altamonte Springs, FL 32714 City, State, Zip (407)389 -3588 (407) 389 -8488 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. if CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00610 -3 IFB 11112 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street Bond #964116330 SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Stage Door II, Inc. (Name of CONTRACTOR) 3208 Overland Road, Apopka, FL 32703 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and The Ohio Casualty Insurance Company (Name of Surety) 1051 Windedey Place, #105, Maitland, FL 32751 (Address of Surety) hereinafter called Surety, are held ar bound firmhl�l fi to Ci of Sanford hereinafter called OWNER, in the full and just Sum of wo ndred sixty ve ousand six hundred seve and 501100 DOLLARS ($ 265,607.50- ---- -- ) 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 ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the day of a copy of which is hereto attached and made apart hereof for the construction of 2) 1 o inch main four hydrants and service Lines Sanford Ave. 6th Street to 11th Street IFB 10/12- 01. 1) Name of Owner 2) Name of Project identified in instrocBons to Bidders This bond is being entered into above, t satisfy the requirements amended. 255.05, Florida Statutes and the Agreement reference d The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THE the condition of this obligation is such that if Principal: Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including,' but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 00605 -1 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal 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 void, otherwise it shall remain in full force and effect. The coverage P referenced Agreement and the Contract Documents of t Principal under the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of period in Agreement hi is and the Contract Performance Bond o is n effect, the which Agreement Surety shall remai is liable t during the the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (I) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal'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 Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 00605 -2 11 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street Any changes in or under the Agreement and Contract Documents 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, Principal 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 and Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05, Florida as Statutes, y statute. Surety agrees that this Bond shall be rights onstrued as expansive n common law required by bond. IN WITNESS WHEREOF, t s instrument is executed this the 16th day of January 0 ATTEST: ecretary (Principal) I RA-d, S ?-n o � - Typed Name Stage Door II, Inc. Principal (Contractor) By (Signature) Typed Name and Title 3208 Overland Road (CORPORATE SEAL) (Witness to Principal) Typed Name " 4 A7TTE I (Sur ty Deidre R. Padgett Typed Name (CORPORATE SEAL) Address Apopka, FL 32703 City, State, Zip (407)578 -2918 (407)578 -2921 Telephone No. Facsimile No. The Ohio Casualty Insurance Company Surety (407)875 -0777 (407)875 -0778 Telephone No. Facsimile No. 00605 -3 IFB 11/12 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street BY: Attome n -Fact Cindy L. Mirisola Typed Name 1021 Douglas Avenue Address Altamonte Springs, FL 32714 City, State, Zip (407)389 -3588 (407)389 -8488 Telephone No. Facsimile No. NOTE: Date e tntuerrsBond shall execute the n Bond. if CONTRACTOR is partnership, all is partners venture, all venturers shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current unless otherwise specifically approvedbn writing by OWNERa� business in the State of Florida, ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00606 -4 IFB 11112 -01 10 inch main, four hydrants and service Lines, Sanford Ave., 6th Street to 11th Street G wi n nIsas to Surety