1498 Stage DoorIL�ff
0, M -m m .
PURCHASING DEPARTMENT
,c ts
TRANSMITTAL MEMORANDUM
To: City Clerk /Mayor
RE IFB 10/11 -22 Brick Pavers Agreement 00520 for Stage Door Inc.,
C�
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Once completed, please:
❑ Return originals to Purchasing
❑ Return copies
Special Instructions:
"Woo��
® Mayor's signature
ering
Safe keeping (Vault)
❑ Paymen on
❑ City Manager Signature
® City Clerk Attest/Signature
��
YZ44 /
V�
Mari solOrdonez
+Fro6
o
Date
o j�
TADept_ forms \City Clerk Transmittal Memo - 2009.doc
P ' t—n % iN
DOCUMENT APPROVAL
;r'
Contract/Agreement Name IFB 10/11 -22 Brick Pavers Agreement 00520 for Stage Door
Inc.,
Approval:
Financ Director
ity Attorney
3 /yk /z
Date
Date
3 -1 3 -1a.
3 —/'� — / e")—
Date
City Of Sanford
Agreement With Stage Door II, Inc.
r `
For The Provision Of Brick Pavers (IFB 10/11 -22)
This Agreement is made and entered into on the dates set forth below by and between
the: City of Sanford, whose address is 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," and Stage Door II, Inc., whose address is 3208 Overland Road, Apopka,
Florida 32703 a Florida corporation, authorized to do business in the State of Florida,
sometimeshereinafter referred to as the "Contractor'. The City and the Contractor are
collectively referred to herein as the "parties ".
Witnesseth:
Whereas, the City desires to retain the Contractor for the work identified in various
Work Orders for various and diverse projects of the City relative to the provision of brick
pavers and related goods and services; and
Whereas, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City;
and
Whereas, the Contractor hereby warrants and represents to the City that it is ready,
willing and able to provide for projects relating to the provision of brick pavers and related
goods and services in order to meet the needs and requirements of the City with regard to
those matters and related work; and
Whereas, the references to the provisions of services to the City to the City shall
include to provision of goods and the term "Work Order" shall include the term "Purchase
Order' herein; and
Whereas, this Agreement is not subject to the provisions of the Consultants
Copetitive Negotiations Act,
Now, Therefore, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto
as follows:
Section 1: Definitions.
Ad valorem - In proportion to the estimated value of the goods taxed.
Aareement — This document and all subsequent work orders or related contractual
documents between the City and Contractor.
11Page
Billing Period — The period of time between project commencement to the close of the
current period, (inclusive); or from the close of the previous billing period, (exclusive), to the
close of the current period, usually concurrent with the month. In no case shall this period
be less than one calendar month except for the final Billing Period.
Bona Fide - Made or carried out in good faith; sincere.
City — The City of Sanford, a municipal corporation of the State of Florida holding tax
exempt status.
Contractor - To include all principals of the Contractor including, but not limited to, full and
part time employees, professional or otherwise, and all other agents employed by or for
Contractor to perform its obligations hereunder.
Description of Services - Shall be written in paragraph form resonably describing those
services the City can expect the Contractor to provide. The description shall be written in
such a manner that the type of service is clearly provided, but broad enough that all
services reasonably expected of the Contractor, including services provided by partners,
subcontractors, and other supporting professionals, can be provided to the City.
Designated Representative — A person who administers, reviews, and coordinates the
provision of services. This definition applies equally to the City and to the Contractor.
Force Maieure - Force Majeure shall include, but not be limited to, hostility, 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 Agreement is beyond the control and without the fault or
negligence of the party seeking relief under this Agreement. In the context of this
Agreement, force majeure shall not prevent the Contractor from perfroming , or provide an
execuse for non - performance, if those matters relate to the hurricane or similar storm or
event to which the services of the Contractor are to relate in the first instance,
Law - Said phrase shall include statutes, codes, rules, and regulations of whatsoever type
or nature enacted or adopted by a governmental entity of competent jurisdiction.
Pari Materia — of the same matter; on the same subject. Laws pari materia must be
construed with reference to each other /together when related to the same matter or
subject. The provisions of a contract/agreement are to be construed together with no
isolated construction of a particular provision such that it would defeat the overall intent of
the contract/agreement.
Submittals — Any item required by this Agreement that the Contractor must provide the
City either for inclusion as part of this Agreement or not.
21Page
Work Order - A detailed description of quantities, services, and a completion schedule
provided on a City prescribed form describing all work associated with the service to be
provided by the Contractor to the City for an agreed price referencing this agreement by
title and date.
Section 2: Captions /Findings.
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.
Section 3: Extent Of Agreement /Integration /Amendment.
(a) This Agreement, together with the exhibits, constitute 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, regardless as to whether they are attached, 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.
The provisions of City IFB 10/11 -22 and the Contractor's response and
submissions thereto are exhibits to this Agreement and are deemed to be
set forth herein as if fully set forth herein verbatim.
(b) This Agreement may only be amended, supplemented, or modified by a
formal written amendment.
(c) 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.
Section 4: No General City Obligation.
(a) In no event shall any obligation of the City under this Agreement be or
constitute a general obligation or indebtedness of the City, a pledge of the ad
valorem taxing power of the City or a general obligation or indebtedness of
the City within the meaning of the Constitution of the State of Florida or any
other applicable laws, but shall be payable solely from legally available
revenues and funds.
(b) The Contractor shall not have the right to compel the exercise of the ad
valorem taxing power of the City. The Contractor shall not have the right to
compel the City to submit any grant application or any application for
approval to any entity regardless of whether public or private.
31Page
Section 5: Contractor Understanding Of Services Required.
(a) Execution of this Agreement by the Contractor is a representation that the
Contractor is familiar with local conditions and with the services to be
performed. 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 to be identified in the Work Orders, and that it is well
acquainted with the components that are properly and customarily included
within such projects and the requirements of laws, ordinances, rules,
regulations, or orders of any public authority or licensing entity having
jurisdiction over City projects. Execution of a Work Order shall be an
affirmative and irrefutable representation by the Contractor to the City that
the Contractor is fully familiar with any and all requisite work conditions of the
provisions of the services. The Contractor represents that all submissions to
the City are true and correct and that the Contractor has, and shall maintain,
the expertise and ability to provide services to the City as needed and as
outlined in the documents incorporated herein.
(b) The recitals herein are true and correct and form and constitute a material
part of this Agreement upon which the parties have relied.
(c) 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.
(d) Persons employed by the Contractor in the provision and performance of the
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.
Section 6: General Provisions.
(a) 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
persons executing this Agreement for the Contractor certify that they are
authorized to bind the Contractor fully to the terms of this Agreement.
(b) This Agreement is for projects relating to the provision of brick pavers and
41 Page
related goods and services in order to meet the needs and requirements of
the City with regard to those matters and related work as needed to support
the City's operations, programs and projects as set forth herein and as
otherwise directed by the City to include any and all matters that are set forth
in the documents that have been incorporated herein relating to City IFB
10/11 -22.
(c) The Contractor acknowledges that the City may retain other Contractors to
provide the same types of services for City projects. The City reserves the
right to select which contractor shall provide services for City projects.
(d) The Contractor acknowledges that the City has retained other contractors
and the coordination between said contractors and the Contractor may be
necessary from time -to -time for the successful completion of each Work
Order. The Contractor agrees to provide such coordination as necessary
within the Scope of Services of each Work Order.
(e) The Contractor agrees to provide and ensure coordination between goods/
services providers.
(f) Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work
Order. The parties covenant and agree that they shall diligently and
expeditiously pursue their respective obligations set forth in this Agreement
and each Work Order.
(g) Contractor will maintain an adequate and competent staff or professionally
qualified persons throughout the performance of this Agreement to ensure
acceptable and timely completion of each Work Order.
(h) Requirements for signing and sealing plans, reports, and documents
prepared by the Contractor shall be governed by the laws and regulations of
Seminole County and State and Federal regulatory agencies.
(i) The Contractor hereby guarantees the City that all material, 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, as from time -to -time
amended and in force on the date hereof.
Q) No claim for services furnished by the Contractor not specifically provided for
herein shall be honored by the City.
51Page
Section 7: Codes And Design Standards.
(a) All the services to be provided or performed by the Contractor shall in the
minimum be in conformance with commonly accepted industry and
professional codes and standards, standards of the City, and the laws of any
Federal, State, or local regulatory agencies.
(b) The Contractor shall be responsible for keeping apprised of any changing
laws applicable to the services to be performed under this Agreement.
Section 8: Subcontractors.
(a) 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, local business tax proof of payment, and
insurance certifications.
(b) The Contractor shall coordinate the provision of services and work product of
any City approved subcontractor and remain fully responsible for such
services and work under the terms of this Agreement.
(c) Any subcontract shall be in writing and shall incorporate this Agreement and
require the subcontractors to assume performance of the Contractor 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.
Section 9: Assignability.
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.
Section 10: Commencement/implementation Schedule Of Agreement.
(a) The Contractor shall commence the provision of services as described in this
Agreement immediately upon execution of this Agreement and execution of a
Work Order. The City may seek other firms to provide the same services.
(b) The Contractor and the City agree to make every effort to adhere to the
schedules established for the various Work Orders as described in each
Work Order. However, if the Contractor is delayed at any time in the
provision of services by any act or omission of the City, or of any employee of
61 Page
the City, or by any other Contractor employed by the City, or by changes
ordered by the City, or by strikes, lock outs, fire, unusual delay in
transportation, unavoidable casualties, or any other allowable cause of force
majeure, as may be permitted under this Agreement, and not resulting from
the inactions or actions of the Contractor and beyond the Contractor's control
which would not reasonably be expected to occur in connection with or during
performance or provision of the services, or by delay authorized by the City
pending a decision, or by any cause which the City shall decide to justify the
delay, the time of completion shall be extended for such reasonable time as
the City may decide in its sole and absolute discretion. It is further expressly
understood and agreed that the Contractor shall not be entitled to any
damages or compensation, or be reimbursed for any losses on account of
any delay or delays resulting from any of the aforesaid causes or any other
cause whatsoever.
Section 11: Length Of Agreement.
(a) Unless terminated, this Agreement shall be in effect until December 31, 2012
and shall automatically renew, thereafter, for two one -year periods unless
action to terminate this Agreement is taken by a party consistent with the
provisions of this Agreement.
(b) Should the City wish to not have this Agreement automatically renewed, the
City shall provide written notice to the Contractor thirty days prior to the
automatic renewal subject; however, to the completion of all pending Work
Orders.
Section 12: Description Of Services.
(a). The Contractor agrees to provide brick pavers and related goods and
services in accordance with Work Orders and other directions consistent with
this Agreement issued by the City to the Contractor from time -to -time. The
Contractor shall provide to the City all labor, services, equipment, materials,
and supplies necessary to accomplish the provision of the services set forth
herein.
(b) Generally, the Contractor shall provide to and for the benefit of the City
projects relating to the provision of provision of brick pavers and related
goods and services in order to meet the needs and requirements of the City
with regard to those matters and related work.
Section 13: Contractor Responsibilities.
(a) The Contractor shall be responsible for the professional quality, accepted
standards, technical accuracy and the coordination of all services furnished
by the Contractor under this Agreement as well as the conduct of its staff,
71Page
personnel, employees, and agents. The Contractor shall work closely with
the City on all aspects of the provision of the services. With respect to
services, the Contractor shall be responsible for the 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 its plans, analysis, data, reports, designs, drawings, specifications, and any
and all other services of whatever type or nature.
(c) The Contractor shall furnish a Contractor Designated Representative to
administer, review, and coordinate the provision of services under each Work
Order as well as the services required by the City as a general matter.
(d) Neither City review, approval, or acceptance of, nor payment for, any of the
services required under this Agreement shall be construed to operate as a
waiver of any rights or of any cause of action arising out of the performance
of this Agreement. The Contractor shall be and shall remain liable to the City
in accordance with applicable law for all damages to the City caused by the
Contractor's negligent or improper performance or failure to perform any of
the services furnished under this Agreement.
(d) The rights and remedies of the Contractor provided for under this Agreement,
are in addition to any other rights and remedies provided by law.
(e) In the event the Contractor fails to comply with the terms and conditions of
this Agreement, the City shall notify the Contractor's Designated
Representative in writing so that the Contractor may take remedial action.
(e) Time is of the essence in the performance of all services provided by the
Contractor under the terms of this Agreement and each and every Work
Order.
Section 14: City Rights And Responsibilities.
(a) The City shall reasonably cooperate with the Contractor in a timely fashion at
no cost to the Contractor as set forth in this Section.
(b) The City shall furnish a City Designated Representative to administer, review,
and coordinate the provision of services under each Work Order.
(c) The City shall make City personnel available where, in the City's opinion,
they are required and necessary to assist the Contractor. The availability
and necessity of said personnel to assist the Contractor shall be determined
81 Page
solely at the discretion of the City.
(d) The City shall furnish the Contractor with existing data, records, maps, plans,
specifications, reports, fiscal data, and other engineering information that is
available in the City's files that is necessary or useful to the Contractor for the
performance of the Work. All such documents conveyed by the City shall be,
and remain the property of, the City and shall be returned to the City upon
completion of the Work to be performed by the Contractor.
(e) The City shall, if it so desires, examine all Contractor reports, sketches,
drawing, estimates, proposals, and other documents presented to the City
and indicate the City's approval or disapproval within a reasonable time so as
not to materially delay the provisions of the services of the Contractor.
(f) The City shall provide access to and make provisions for the Contractor to
enter upon public and private lands as required for the Contractor within a
reasonable time to perform work as necessary to complete the Work Order.
(g) The City shall transmit instructions, relevant information, and provide
interpretation and definition of City policies and decisions with respect to any
and all materials and other matters pertinent to the services covered by this
Agreement.
(h) The City shall give written notice to the Contractor whenever the City's
Designated Representative knows of a development that affects the services
provided and performed under this Agreement, timing of the Contractor's
provision of services, or a defect or change necessary in the services of the
Contractor.
(i) The rights and remedies of the City provided for under this Agreement are in
addition to any other rights and remedies provided by law; the City may
assert its right of recovery by any appropriate means including, but not
limited to, set -off, suit, withholding, recoupment, or counterclaim, either
during or after performance of this Agreement.
(j) The City shall be entitled to recover any and all legal costs including, but not
limited to, attorney fees and other legal costs that it may incur in any legal
actions it may pursue in the enforcement of the terms and conditions of this
Agreement or the responsibilities of the Contractor in carrying out the duties
and responsibilities deriving from this Agreement.
(k) 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.
91 Page
(1) Neither the City's review, approval or acceptance of, nor payment for, any of
the services required shall be construed to operate as a waiver of any rights
under this Agreement nor or any cause of action arising out of the
performance of this Agreement and the Contractor shall be and always
remain liable to the City in accordance with applicable law for any and all
damages to the City caused by the Contractor's negligent or wrongful
provision or performance of any of the services furnished under this
Agreement.
(m) All deliverable analysis, reference data, survey data, plans and reports, or
any other form of written instrument or document that may result from the
Consutant's services or have been created during the course of the
Contractor's performance under this Agreement shall become the property of
the City after final payment is made to the Contractor.
(n) In the event the City fails to comply with the terms and conditions of this
Agreement, the Contractor shall notify the City's Designated Representative
in writing so that the City may take remedial action.
Section 15: Waiver.
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.
Section 16: Force Majeure.
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. The principle of force majeure is limited in this Agreement as otherwise
noted in this Agreement.
Section 17: Standards Of Conduct.
(a) 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.
(b) If the City determines that any employee or representative of the Contractor
is not satisfactorily performing his or her assigned duties or is demonstrating
improper conduct pursuant to any assignment or work performed under this
101 Page
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.
(c) The Contractor hereby certifies (in this writing) that no undisclosed 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.
(d) The Contractor shall not engage in any action that would create a conflict of
interest for any City employee or other person during the course of
performance of, or otherwise related to, this Agreement or which would
violate or cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government.
(e) 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. The
Contractor shall maintain an ongoing and thorough employment practice to
ensure that illegal aliens are not employed by the Contractor.
(f) 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.
(g) 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.
(h) If the Contractor or an affiliate is placed on a discriminatory vendor list, such
action may result in termination by the City. The Contractor shall certify,
upon request by the City that it is qualified to submit a bid under Section
287.134 (2) (c), Florida Statutes, relating to public entity crimes.
(i) 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 certify, upon request by the City, that is
111 Page
qualified to submit a bid under Section 287.133(2)(a), Florida Statutes,
relating to public entity crimes.
Q) 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.
(k) The Contractor agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the
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.
(1) 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.
(m) The Contractor shall not publish any documents or release information
regarding this Agreement to the media without prior approval of the City.
(n) The Contractor shall ensure that all services are provided to the City after the
Contractor has obtained, at its sole and exclusive expense, any and all
permits, licenses, permissions, approvals or similar consents.
(o) The Contractor shall ensure that all taxes due from the Contractor are paid in
a timely and complete manner including, but not limited to, the City's local
business tax.
Section 18: Notices.
(a) Whenever either party desires to give notice unto the other, it must be given
by written notice, sent by registered United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last
specified, and the place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the provisions of this
Section.
(b) For the present, the parties designate the following as the representative
places for giving of notice, to -wit:
(1) For the City:
City Manager
300 North Park Avenue
121 Page
Sanford, Florida 32771
With a copy to:
Purchasing Manager
300 North Park Avenue
Sanford, Florida 32771
(2) For the Contractor
Peter Piacenti, Operations Manager
Stage Door II, Inc.
3208 Overland Road
Apopka, FL 32703
Phone: 407.578.2918
(c) 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.
Section 19: Designated Representatives.
(a) The City Manager or the Designated Representative represents the City in all
matters pertaining to and arising from the work and the performance of this
Agreement.
(b) The City Manager or the Designated Representative shall have the following
responsibilities:
(1) 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;
(2) 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;
(3) Giving prompt written notice to the Contractor whenever the City
knows of a defect or change necessary in the project; and
131 Page
(c) Until further written notice, the City's Designated Representative for this
Agreement is:
Purchasing Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
(d) Until further written notice, the Contractor's Designated Representative for
this Agreement is:
Peter Piacenti, Operations Manager
Stage Door II, Inc.
3208 Overland Road
Apopka, FL 32703
Phone: 407.578.2918
Section 20: Work Orders.
(a) The provision of services to be performed under this Agreement may
commence upon the issuance of a Work Order from the City to the
Contractor. Each Work Order shall reference this agreement by title and
date, include a detailed description of quantities, services, and a completion
schedule, and will be provided on Contractor letterhead. Services described
in said Work Order will commence upon the issuance of a City Notice -To-
Proceed. After the fact Work Orders may be issued to document work that is
accomplished in truly exigent circumstances, but the presumption under this
Agreement shall be that there is adequate time to formalize work
assignments.
(b) The services required to be performed by a Work Order shall clearly defined,
the Work Order and shall be issued on a "Fixed Fee" basis. The Contractor
shall perform all services required by the Work Order but in no event shall the
Contractor be paid more than the negotiated Fixed Fee amount stated
therein.
(c) The Contractor agrees to adhere to the schedules established in the various
Work Orders issued under this Agreement.
(e) The Contractor may invoice the amount due based on the percentage of total
Work Order services actually performed and completed; but in no event shall
the invoice amount exceed a percentage of the Fixed Fee amount equal to a
percentage of the total services actually completed.
141 Page
Section 21: Change Orders.
(a) The City may revise the Description of Services set forth in any particular
Work Order.
(b) Revisions to any Work Order shall be authorized in writing by the City as a
Change Order. Each Change Order shall include a schedule of completion
for the services authorized. Change Orders shall identify this Agreement and
the appropriate Work Order number. The Change Orders may contain
additional instructions or provisions specific upon certain aspects of this
Agreement pertinent to the services to be provided. Such supplemental
instructions or provisions shall not be construed as a modification of this
Agreement. An Agreement between the parties on and execution of any
Change Order shall constitute a final settlement and a full accord and
satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and /or work, including all direct and indirect
costs of whatever nature, and all adjustments to the Contractor schedule.
(c) If instructed by the City, the Contractor shall change or revise work that has
been performed, and if such work is not required as a result of error,
omission or negligence of the Contractor, the Contractor may be entitled to
additional compensation. The Contractor must submit for City approval a
revised proposal with a revised fee quotation. Additional compensation, if
any, shall be agreed upon before commencement of any such additional
work and shall be incorporated into the work by Change Order to the Work
Order.
Section 22: Compensation.
(a). Compensation to the Contractor for the services performed on each Work
Order shall be as set forth the Work Order /Change Order. The unit rates of
compensation set forth in the response to the IFB (exhibit) attached hereto
are incorporated herein. With regard to services or goods that are not
specifically detailed, the City and the Contractor shall negotiate pricing.
(b) The City shall not pay for reimbursable items such as gas, tolls, mileage,
meals, etc. and other items not directly attritbutable to items produced for
each Work Order.
(c) Work performed by the Contractor without written approval by the City's
Designated Representative shall not be compensated. Any work performed
by the Contractor without approval by the City is performed at the
Contractor's own election.
151 Page
(d) In the event the City fails to provide compensation under the terms and
conditions of this Agreement, the Contractor shall notify the City's Designated
Representative in order that the City may take remedial action.
(f) The Contractor hereby grants the City Most Favored Nation status such that
the Contractor shall never charge the City for a service an amount which
exceeds the lowest price that it provides the same service to another city or
county in Florida.
Section 23: Invoice Process.
(a) Payments shall be made by the City to the Contractor when requested as
work progresses for services furnished, but not more than once monthly.
Each Work Order shall be invoiced separately. The Contractor shall render
to the City, at the close of each calendar month, an itemized invoice properly
dated, describing all services rendered, the cost of the services, the name
and address of the Contractor, Work Order Number, Contract Number and all
other information required by this Agreement.
(b) Invoices which are in an acceptable form to the City and without disputable
items will be processed for payment within thirty days of receipt by the City.
(c) The Contractor will be notified of any disputable items contained in invoices
submitted by the Contractor within fifteen days of receipt by the City with an
explanation of the deficiencies.
(d) The City and the Contractor will make every effort to resolve all disputable
items contained in the Contractor's invoices.
(e) Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, the billing period, and include the Project Status
Report for the period being billed.
(f) The Florida Prompt Payment Act shall apply when applicable.
(g) Invoices are to be forwarded directly to:
Finance Director
City Of Sanford
300 North Park Avenue
Sanford, Florida 32771
Section 24: Termination Of Agreement.
(a) The City may terminate this Agreement or any Work Order for convenience
at any time.
161Page
(b) The City may also terminate this Agreement upon the City determining that
any one or more of the following reasons exist:
(1) If, in the City's opinion, adequate progress under a Work Order,
specially, or this Agreement, generally, is not being made by the
Contractor; or
(2) If, in the City's opinion, the quality of the services provided by the
Contractor is /are not in conformance with commonly accepted
professional standards, standards of the City, the requirements of
Federal or State regulatory agencies, and the Contractor has not
corrected such deficiencies in a timely manner as reasonably
determined by the City; or
(3) 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
(4) The Contractor becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of
creditors; or
(5) The Contractor violates the Standards of Conduct provisions herein or
any provision of State or local law or any provision of the City Code of
Conduct.
In the event of any of the causes described in this Section, the City's
Designated Representative may send a certified letter requesting that the
Contractor show cause why the Agreement or any Work Order 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 fourteen
calendar days of the receipt of the letter, the City may consider the
Contractor to be in default, and may immediately terminate this Agreement or
any Work Order in progress under this Agreement.
(c) In the event that this Agreement or a Work Order is terminated for cause and
it is later determined that the cause does not exist, then this Agreement or
the 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.
171Page
Section 25: Termination By Contractor For Cause.
(a) The Contractor may terminate this Agreement if the City fails to pay the
Contractor in accordance with this Agreement.
(b) In the event of either of the causes described in Subsection (a), the
Contractor shall send a certified letter requesting that the City show cause
why the Agreement should not be terminated. If adequate assurances are
not given to the Contractor within fourteen calendar days of the receipt of
said show cause notice, the Contractor may consider the City to be in default,
and may immediately terminate this Agreement.
Section 26: Termination By The City Without Cause.
(a) 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,
or terminate any specific Work Order without cause, if such termination is
deemed by the City to be in the public interest, provided that thirty calendar
days prior written notice is given to the Contractor of the City's intent to
terminate.
(b) In the event that this Agreement is terminated, the City shall identify any
specific Work Order(s) or work being terminated and the specific Work
Order(s) or work to be continued to completion pursuant to the provisions of
this Agreement.
(c) This Agreement will remain in full force and effect as to all authorized Work
Order(s) that is /are to be continued to completion.
Section 27: Payment In The Event Of Termination.
In the event this Agreement or any Work Order is terminated or canceled prior to final
completion 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.
Section 28: Action Following Termination.
Upon receipt of notice of termination, given by either party, the terminated party shall
promptly discontinue the provision of all services, unless the notice provides otherwise.
Section 29: Suspension.
(a) The performance or provision of the Contractor's services under any Work
Order under this Agreement may be suspended by the City at any time.
181 Page
(b) In the event the City suspends the performance or provision of the
Contractor's services hereunder, the City shall so notify the Contractor in
writing. Such suspension becoming effective upon the date stated in the
notice. The City shall pay to the Contractor within thirty 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
services unless and until the City's designated representative notifies the
Contractor in writing that the provision of the services of the Contractor called
for hereunder are to be resumed by the Contractor.
(c) Upon receipt of written notice from the City that the Contractor's provision of
services hereunder are to be resumed, the Contractor shall continue to
provide the services to the City.
Section 30: Alternative Dispute Resolution (ADR).
(a) 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.
(b) 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.
(c) 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.
Section 31: Severability.
(a) 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.
191 Page
(b) All provisions of this Agreement shall be read and applied in pan materia with
all other provisions hereof.
(c) Violation of this Agreement by the Contractor is recognized by the parties to
constitute irreparable harm to the City.
Section 32: Controlling Laws/Venue /Interpretation.
(a) This Agreement is to be governed by the laws of the State of Florida.
(b) Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida and the
City shall, at all times, have and maintain the home venue privilege.
(c) This Agreement is the result of bona fide arms length negotiations between
the City and the Contractor and all parties have contributed substantially and
materially to the preparation of the Contract. Accordingly, this Agreement
shall not be construed or interpreted more strictly against any one party than
against any other party.
Section 33: Indemnity.
(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, attorneys 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 part by the
error, omission, negligent act, failure to act, malfeasance, misfeasance,
conduct, or misconduct of the Contractor, its agents, servants, officers,
officials, employees, or SubContractors.
(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 indemnified under this Section by an
employee of the Contractor or its agents or SubContractors, anyone directly
or indirectly employed by them or anyone for whose acts they may be liable,
the indemnification obligation under this Section shall not be limited by a
limitation on amount or type of damages, compensation, or benefits payable
201 Page
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 in this Agreement;
however, the Contractor must also comply with the provisions of this
Agreement relating to insurance coverages.
(f). To the extent that services provided by the Contractor to the City under this
Agreement relate to the "planning, design, construction, administration,
study, evaluation, consulting, or other professional and technical support
services furnished in connection with any actual or proposed construction,
improvement, alteration, repair, maintenance, operation, management,
relocation, demolition, excavation, or other facility, land, air, water, or utility
development.
Section 34: Insurance.
(a) The Contractor shall obtain or possess and continuously maintain the
following insurance coverage, from a company or companies, with a Best
Rating of A- or better, authorized to do business in the State of Florida and in
a form acceptable to the City and with only such terms and conditions as may
be acceptable to the City:
(1) Workers Compensation /Employer Liability The Contractor shall
provide Worker Compensation insurance for all employees engaged in
the work under this Agreement in accordance with the laws of the
State of Florida. Employers' Liability Insurance at limits not less than
the following:
$100,000 Each Accident
$100,000 Disease Each Employee
$500,000 Disease Aggregate
(2) Comprehensive General Liability: The Contractor shall provide
coverage for all operations including, but not limited to, contractual,
independent Contractor, products and complete operations and
personal injury with limits not less than the following:
$1,000,000 Bodily Injury & Property Damage - each occurrence
$1,000,000 Personal & Advertising Injury - each occurrence
$2,000,000 General Aggregate
$2,000,000 Products /Completed Operations Aggregates limit
$5,000 Medical Payments
$100,000 Fire Damage Legal Liability
211 Page
(3) Comprehensive Business Automobile Liability: The Contractor shall
provide complete coverage with a combined single limit of not less
than $1,000,000 Bodily Injury and Property Damage in accordance
with the laws of the State of Florida, as to the ownership,
maintenance, and use of all owned, non - owned, leased or hired
vehicles.
(4) Other Required Insurance Coverage: Where unusual operations are
necessary to complete the work, such as Longshoremen and Harbor
Workers' Exposures, use of aircraft or watercraft, use of explosives,
and any high risk circumstances. No aircraft, watercraft or explosives
shall be used without the express advance written approval of the City
which may, thereupon, required additional insurance coverages.
(b) 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. All insurance minimum coverages extend to any
subcontractor, and the Contractor shall be responsible for all Subcontractors.
(c) 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 Work Order
under this Agreement. 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 an
insurance rating acceptable to the City, the Contractor shall be deemed to be
in default of this Agreement.
(d) The insurance coverage shall contain a provision that requires that prior to
any changes in the coverage, except increases in aggregate coverage, thirty
days prior notice will be given to the City by submission of a new Certificate
of Insurance.
(e) The Contractor shall provide Certificate of Insurance directly to the City's
Designated Representative. The certificates shall clearly indicate that the
221 Page
Contractor has obtained insurance of the type, amount, and classification
required by this Agreement.
(f) Nothing in this Agreement or any action relating to this Agreement shall be
construed as the City waiver of sovereign immunity beyond the limits set forth
in Section 768.28, Florida Statutes.
(g) 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 that have any right against the City; provided, however, that
the owners of vehicles towed hereunder are considered to be third -party
beneficiaries inconsideration of their forbearance in allowing their vehicles
to be towed and are declared to have standing to enforce the provisions of
this Agreement where the provisions inure to their benefit. It is further
understood that such owner shall, upon prevailing, be entitled to recovery of
reasonable costs, expenses, and attorney's fees.
(h) 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.
(g) All insurance shall be primary to, and not contribute with, any insurance or
self - insurance maintained by the City.
(h) All insurance requirements shall be effectual and run to the benefit of the City
notwithstanding any statutory limitations relative to indemnification.
Section 35: Equal Opportunity Employment/Non- Discrimination.
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.
Section 36: Access To Records /Audit/Public Records.
(a) The Contractor shall maintain books, records, documents, time and costs
accounts, and other evidence directly related to its provision or performance
231 Page
of services under this Agreement. All time records and cost data shall be
maintained in accordance with generally accepted accounting principles.
(b) The Contractor shall maintain and allow access to the records required under
this Section for a minimum period of five years after the completion of the
provision or performance services under this Agreement and date of final
payment for said services, or date of termination of this Agreement.
(c) 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 919, Florida Statutes, and
other applicable law, and made or received by the Contractor in conjunction,
in any way, with this Agreement.
(d) 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 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 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.
(e) In addition to the above, if Federal, State, County, or other entity funds are
used for any 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 representative, shall have access to any books,
documents, papers, and records of the Contractor which are directly pertinent
to services provided or performed under this Agreement for purposes of
making audit, examination, excerpts, and transcriptions.
(f) 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 days of notice by the City of the
request for the refund.
(g) The Contractor agrees to fully comply with all State laws relating to public
records as determined by the City.
(h) 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.
241 Page
Section 37: Counterparts.
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.
Section 38: Exhibits.
Each exhibit, if any, referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits, if any, and any amendments or revisions thereto, even if not
physically attached hereto, shall be treated as if they are part of this Agreement. The City
shall determine the contents of this Agreement relative to exhibits. The exhibits include, but
are not necessarily limited to, the documents issued by the City relative to IFB 09/10 -12
and the documents submitted by the Contract in response to IFB 09/10 -12 provided that
the documents submitted by the Contractor are not inconsistent with the provisions of this
Agreement or the documents issued by the City.
SIGNATURE PAGE FOLLOWS
251 Page
In Witness Whereof, the parties hereto have made and executed this Agreement on the
respective dates under each signature: the City through its City Commission taking official
action and the Contractor signing by and through its duly authorized corporate officer
having the full and complete authority to execute same.
Stage Door II, Inc.
By:
Witness # 1
Printed Name: b6& * L-,4
Hess 2
Printed Name: Jer1►1 ey - �OV4 cf)
FUUMA
Jan9t Dougherty, City CIA
rM
By:
A Signatory for entities
Printed Name and Title
Date: 3 I l o
rumm •
261 Page
SECTION 00410
BID FORM
PART 1 GENERAL
1.01 Description
The following Bid, for the (1) Installation of brick paver installations at various locations in the
City of Sanford. IFB 10/11 -22 is hereby made to The City of Sanford, Florida. This Bid is
submitted by (2) S'r4 c 3�1")a K — L' - c"
/ / U - ! In
(1) Title and Solicitation number of 8i&Pr6posal Name of Project as shown in the Invitation
(2) Name, address, and telephone number of Bidder
1.02 The Undersigned:
A. Acknowledges receipt of:
Addenda: Number �'�- Dated
Number Dated
B. Has examined the site and all Bidding Documents and understands that in
submitting his Bid, he /she waives all right to plead any misunderstanding
regarding the same.
C. Agrees:
To hold this Bid open for 60 calendar days after the bid opening date.
2. By signing this document the BIDDER /OFFEROR hereby agrees to be
bound by the specifications, terms, conditions, scheduling, pricing and
representations as stated and submitted with this bid form. However, it is
understood that the City reserves the right to declare any bid or part(s)
thereof nonresponsive if exceptions to specifications, terms, conditions,
etc. of the solicitation are not acceptable in the opinion of the City to meet
the requirements of said solicitation.
2. 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 and specified insurance certificates of coverage
in accordance with the Instructions to Bidders.
3. To accomplish the work in accordance with the Contract Documents
and /or purchase order.
1.03 Miscellaneous Requirements and Affirmations
Scope of Services and The Bid:
Install brick or pavers in islands, alleys, crosswalks or roadways at various locations in the City
of Sanford. Material to be installed will be either Boral, Barcelona clay brick or reuse of existing
City owned brick, with blended color to be selected by the city. The City reserves the right to
purchase all materials as an "Owner Direct Purchase" as outlined by the attached provided by
City of Sanford Policy
1. Place bedding of sand over 6" of compacted crushed concrete fines and install brick or
pavers, labor and material for a cost per Square Foot of $
2. Place bedding of sand over base provided by others, and install brick or pavers, labor
and material for a cost per Square Foot of $ v /,, QD
3. Place bedding of sand over 6" of compacted crushed concrete fines and install brick or
pavers, labor sand and base material (Excluding cost of brick or pavers) for a cost per
Square Foot of $
4. Place bedding of sand over base provided by others, and install brick or pavers, labor
and sand material (Excluding cost of brick or pavers) for a cost per Square Foot of
$ 3.cz
5. Apply a 5 to 1 sand /Portland cement mixture, sweep into joints and compact to complete
the interlocking process for a cost per Square Foot of $ 3, 6rQ
After brick or pavers are installed, sweep sand into joints and compact to complete interlocking
process. Excavation of island area is to be done by others and is not included in this bid. Each
project varies in size from 180 square feet to 800 square feet.
Bids shall be on the Bid Form.
1.04 SUBMITTED, signed and sealed this
Bidder��fi
B (Signature I f( 1 Date
Printed Name and Title
J2 OE 00CWL,AjJ\- 606-b
B siness Address
n(AcA 24
Ci y State Zip Code
Telephone No. Facsimile No.
day of P��uA� ti ZU i Z
(CORPORATE SEAL)
Comments:
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? nfO
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? ^1b
3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or
litigation in the past five (5) years that is related to the services your firm provides in the regular
course of business? Alb 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.
Firm
Authorized Signature Date
or Typed Name and Title
Article I.
Article II. FORM NO. DSPT
12.204
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.
Article III. Firm
- 2---
Date
Authorized Signature
�� -fir✓ V c�� �l,7'- rS Ide�� - E -
Printed or Typed Name and Title
FORM NO. DFWP 14.204
Section 3.01 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 ?e kr r Pc v3UA A on behalf of S'f �� ,� .SL 1 .
whose business address is: - t) k ) u re L tiA P i21� ; p ol<a � 4:;L- aaoo..3
and (if applicable) its Federal Employer Identification Number (FEIN) is j (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.
si a urt
2-L
(date)
State of Florida
County of ee aP7C 6
On this L day of Ae k ,e , 20 iL, before me, the undersigned Notary Public of the State of
Florida, personally appeared
Pe der V. 7, u.,11 and
(Name(s) of individuals who appeared before notary)
whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed
it.
WITNESS my hand
and official seal. / f
NOTARY PUBLIC, STATE OF LORIDA
NOTARY PUBLIC
SEAL OF OFFICE: '�)C tH ?EA..-) t�.+C-r--j
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
<►" "• DEBORAH JEAN LACEY
=' `= MY COMMISSION # E6048206
EXPIRES December 12, 2014
(407) 398 -0153 FloridallotaryService.com
r/Personally known to me, or
Produced identification:
(Type of Identification Produced)
_ DID take an oath, or
DID NOT take an oath.
FORM NO. PEC 15.204
00435 -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 Order 11246, and as
amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and
implementations of rules and regulations prescribed by the United States Secretary of Labor are
incorporated herein.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: 2 -2--1 L
By:
?el r V, ?, t3�-CEq l j ?(!r& c4_1n °T
Print Name Title
Official Address:
S�4Ge �cC6 A IF '7"ic,
FORM NO. SFAC 16.204
Conflict of Interest Statement 435 -5
1. 7e- fer V 1) of �� r9 6C J� 6t, P- T C-- 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 Af iant 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 Cqy of Sanford in writing.
Signature of Affiant
Date
.z
Typed or Printed Name of Affiant Title
State of Florida, County of Ck " & C
On this Z day of u , 20 / L before me, the undersigned Notary Public of the State of
Florida, personally appeared
lit✓ der I/. ?" e-nk, 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 1
and official seal.
NOTARY PUBLIC, STATE OFF ORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
; ,��" "'•' DEBORAH JEAN LACEY _k / Personally known to me, or
MY COMMISSION # ESO48206 Produced identification:
EXPIRES December 12, 2014
(407) 398.0153 FlorideNotaryService.com (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
The undersigned, by signing this document hereby certifies that the company named below
hereby is or does:
1. States that the entity named below and the individual signing this document has submitted
the attached bid or proposal:
2. He is fully informed respecting the preparation and contents of the attached proposal and of
all pertinent circumstances respecting such proposal;
3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal;
4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other bidder,
proposer, firm or person to submit a collusive or sham bid or proposal in connection with the
Contract for which the attached bid or proposal has been submitted or to refrain from bidding
or proposing in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communications or conference with any other bidder,
proposer, firm or person to fix the price or prices in the attached bid or proposal or of any
other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal
price or the bid or proposal price of any other bidder or proposer, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Sanford or any person interested in the proposed Contract.
5. The price or prices quoted in the attached bid or proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the
bidder or proposer or any of its agents, representatives, owners, employees, or parties in
interest, including the individual signing this document.
signature of Affiant Date
Typed or Printed Name of Affiant Title
State of Florida, County of clfi'.Gi l C, 6' On this Z day of e--b ,.L_� 1 20 12- ,
before me, the undersigned Notary // Public of the State of Florida, personally appeared
Re_�f (/ 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 FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE: �� ,5: ,+-
SEAL L C
(Name of Notary Public: Print, Stamp, or Ty 0e as Commissioned.)
> 'A - C -. DEBORAH JEAN LACEY
wt.."NIF MY COMMISSION # E6048206
_EXPIRES December 12, 2014
(407) 38 -0153 FloridalloteryService.com
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
Unauthorized (Illegal) Alien Workers 435 -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 -S fAce r)«,m,2 1T MA
(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: S4,46E7
Signature: ._(!,?, z / �rr �* rinted Name: - e-kr 1/. r1 CQn �i
Title: C� i�ow Date: 2-L —12—
Affix Corporate Seal
STATE OF A )
) ss
COUNTY OF a,bW&,E )
The foregoing instrument was acknowledged before me this 2-- day of 1��b r,, A-re ,
20_x, by �a -k� V✓ �,A �, of .5 4C r fa ce 7: sic_, firm),
on behalf of the firm. He /She is p sonall� to me or has produced
identification.
Print Name
Notary Public in and for the County ;; e " " '! ;.� DEBO RAH JEAN LACY
and State Aforementioned : "= MY COMMISSION # E6048206
My commission expires: i L -�z� = EXPIRES December 12 2014
(407) 398 -0153 FloridallotaryService.com
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+-A L 7P— 7- -
Signature: ��� Z ,0 rinted Name: 1 V,
Title: 2FSidea 1 Date: Z -Z !L
Affix Corporate Seal
STATE OF (%fp p p 4 )
)SS
COUNTY OF C4,4v&�� )
The foregoing instrument was acknowledged before me this L day of
20 12 by fcker V. P11+U11-VI of <S- 4&E7 be, e :X q ,.,ems firm),
on behalf of the firm. He /She is pe�ssat�It to me or has produced
identification.
Print Name L-Ac- ;: DEBORAH JEAN IACEY
Notary Public in and for the County :' MY COMMISSION # E6048206
and State Aforementioned EXPIRES December 12 2 014
My commission expires: 1 2 ,4 2- A (407)3980753 Floridallotarysa,viCezom
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 CONTRACTOR.
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 operators license) for employees of the CONTRACTOR that
may work on the CITY's premises in positions found by the City to be critical to the security and /or public
safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR
shall release such information upon approval of the employees. If an employee refuses to authorize the
release of their address, social security number and /or licenses they shall not be allowed to work or
continue to worka fi,&iical p iti s.
Si nature of Affiant ! Date
���e ✓ r.9 c�.��, QCs)rk�ti� .Sfi4�F
M4, T 7 Tlsr
Typed or Printed Name of Affiant Title Name of Company
State of Florida, County of On this 7- day of
before me, the undersigned Notary Public of the State of Florida, personally appeared
R4 V. 'Pj d-U,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. Q
NOTARY PUBI-IC, STATE OF ORIDA
NOTARY PUBLIC
SE AL OF OFFI
DFt3QRAH JEAN LACEY
MY COMMISSION # E6048206
EXPIRES December 12, 2014
•,1.
(407) 398 -0153 FloridallotaryService.com
(Name of Notary Public: Print, Stamp, or Type s Commissioned.)
V Personally known to me, or _ Produced identification
(Type of Identification Produced)
_ DID take an oath, or _ DID NOT take an oath
Offeror's Qualification Statement, 00435 -10
SUBMITTED BY NAME: S + i �doQ c.
CHECK ONE: _Individual _Partnership !Corporation _Other
1. 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:
ST &,� m an 2 _LT i __c
The address of the principal place of business
is: 9,,2b8' 6V"L,4,jrJ Rc.;4b
2. If Offeror is a corporation, answer the following:
a. Date of Incorporation: 10 93
b. State of Incorporation: F-It, A-L.8A f
C. President's Name: �C i� (� P,, kc.0_ i-
d. Vice President's Name: I�LLes - "t e^d le-&I
e. Secretary's Name: l YCe"I S i_ le-
f. Treasurer's Name:
g. Name and address of Resident Agent:
3. If Offeror is an individual or a partnership, answer the following:
a. Date of Organization:
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 evidepce of compliance with the Florida
Fictitious Name Statute. Information attached: _Yes _NA
6. How many years has your organization been in business under its present business
name? 39
a. Under what other former names has your organization
operated? A10 n1
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. qu
016cl
8. Have you ever failed to complete any work awarded to you? If so, state when, where and
why.
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.
Ick O.C. 14,0-h 321 - Zg 9 20 1
(name) (address) / (phone number)
// /
(name) (address) (phone number)
le-r V ig, ee J i z cJ�II�� T 3-?- bt- -tit p l
(name) (addre ) (phone number)
(name) (address) (phone number)
10. List the pertinent experience of the key individuals of your organization (continue on insert sheet,
if necessary).
11. State the name of the individual who will have personal supervision of the work:
12. State the names and addresses of all businesses and /or individuals who own an interest of more
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:
(\r'� nJ C
14. State the name of the Surety Company which will be providing the bond, and name and address
of agent:
T86 0 N c b �� f}S u t�f1�t �a/S cu2k wi c t_ C2D
c�✓e-
15. Bank References:
S o 2W) S O e-12' , bn A4' IM - (4nc1 f L 3 Y j )
(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)
f. State the name of the firm preparing the financial statement and date thereof:
g. 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 REJEn�D ID OR PROPOSAL, AND IF AFTER THE AWARD TO
CANCEL AND 3N�TE THE A AND/ RACT.
S ignature of Affiant Date
- Pe Uo-'T
Typed or Printed Name of Affiant Title
State of Florida, County of rF) e44d t-- E On this 2-- day of teAe -11
before me, the undersigned Notary Public of the State of Florida, personally appeared
f e-4 1/ JR A- &- 1(1 and
(Name(s) of individuals who appeared before notary)
whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they
executed it.
WITNESS my hand
and official seal. `
NOTARY PUBLIC, STATE OF FLORIDA
NOTARY P UBLIC SEAL OF OFFICE:
ria Y DEBORAH JEAN LACEY
MY COMMISSION # E5048206
EXPIRES December 12, 2014
(407) 398 -0153 FloddallotaryServtce.com
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
1 -1 11"
- Personally known to me, or _ Produced identification:
_ DID take an oath, or _ DID NOT take an oath.
(Type of Identification Produced)
Form No. SOQ 25.204
SECTION 00436
AFFIDAVIT OF E- VERIFY REQUIRMENTS COMPLIANCE
City of Sanford, Florida
Name of Project: 'n5 114 c GIL- , Z � „
Bid Number /Contract Number: J 1F6
I, - Pe4c r d'. P, C"� the duly authorized representative /agent of 54,46 b6t 2 7L -i- wC.— , hereinafter
referred to as Contractor, by this Affidavit attest to the following:
1. That the Contractor is currently in compliance with and throughout the term of Contract
Number fp bk LZ will remain in compliance with Executive Order 11 -02, issued by
the Officeses he 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 assigne by the Contractor or its subcontractors to perform work under
contract Number /- z-L 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 t ensure that all employees and subcontracts
performing work under Contract Number are legally authorized to work in
the United States and the State of Florida constitute a breach of Contract Number
j,p X - LZ 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.
[Balance of this page intentionally blank; signatory page follows]
DATED this
i
day of 20_LL—.
S-4� L7a rc T�
Contractor Name
By:
Print Name: �e
Title: +�Q 6S I N Fr
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that, on this 2' day of f-2bru►4 , 20 1 1 ; before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally
appeared , 'who is personally known to me or _ who has produced
as identification.
`'"� DEBORAH JEAN f h
�`'�%_ AN LACEY Print Name — p e(B0 , �� �F L A
MY COMMISSION # E6048208
Notary Public in and for the County
,, EXPIRES December 12, 2014
(407) 398 -
0153 Floridallotaryservice,cp„i i and State Aforementioned
My commission expires: 1,4-11-14
STAGE DOOR II, INC.
3208 OVERLAND RD
APOPKA, FL 32703
OFFICE (407) 578 -2918 FAX (407) 578 -2921
March 6, 2012
Marisol Ordonez, Purchasing Technician
City of Sanford
PO Box 1788
Sanford, Fl 32771
Re; Brick Pavers Contract IFB 10/11 -22
Enclosed please find the signed contract for the above project.
Please advise if additional information is required.
Sincerely
D. Lacey
,4co CERTIFICATE OF LIABILITY INSURANCE 0111
THE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NSURER(S), AUTHORIZED
REPRESENTATIVE wd bate holder TIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
B4PORTA:Zdcond the o is an ADDITIONAL INSURED, the polly(fes) na7st M endorsed K SUBROGATION M WAIVED, sfjet to
d7e terms dons of the Pofer certain pollcks may regl7Ye en endorseme� Jennifer A amemert on this cwtMeate does not corner rights to the
hoklK
Jennl ngs
PRODUCINt 407 MA, Inc House 407 -862-7 �17are 40778 -6650
u F N. 407�62-7B56
nree Mn rs• Ynanee AOsncy nni cam
000 WWd" Springs Read
Longw ood, FL 32776 pMXtW4Q WFOROM COVBMSE NAIL r
Bruce A. Morse 10180
N9I7RBtA:SOYIhern Owners Ins CO
WASW D Stage Door II Inc waLms70:Owners Insurance Co 32700
3208 Overland Road a Lwmc:Auto Owners Insurance Imm
Apopka, FL 32703 pwAap D:Z&nIth Insurance Com VN 13269
nt...w.. A.4 CI_ 10 1205
HA SSUED INSURED NAMED ABOVE FOR THE POLIGY PEKKJMU
THIS IS TO
C NOTWITH.,'TANDNG R CONDITION OF ANY ( CONTRACT OTHER DOCUMENT WITH RESPECT TO WHICH THIS BELOW VE BEEN
INDICATED. ANY REOISREM T
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
EXCLUSIONS AND CONDMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAJMS-
PCLJCT firs PGLICYEW
IIMt TTPEOSe7suRANOe
EACH00CUMENCE f
1,000,00
eEN0L&UAeLRY
72737948 04/01111 04ANH2
PRON CEN
300,
A X CCM1d3ICW GAL UAeum
10,0
MED EXP air s
C AIMSMIOE M OCCUR
PEFW#1LSAIWftI Rf s
1,000,0
G NEIWL AGGFEG ►TE f
2,000,0
PRCOUCIS- COtPApAM s
2,000,0
(ELLAtDFEGATEU ITAPPUESPEFi
S
RFn
POJCY M IFI LOC
1,000,0
L7rae.RY
f
AUTOYDeL!
487507400 04101/11 04/01112
BCDILY*&UWQ wOr9e4 s
B X ANYAUID
OCCILYRULRY Bar eccidrq f
ILL GANEID 1 0430 t �
N
N34ONPM
f
HR2) MACS AUMS
f
FI1aiCOCLFIEN E ' s
1,000,0
A Lus X ooaR
5037401 041"11 04AMH2
Aoaa:ouYE f
1,000,00
NI" GTge6M10E
ca POISATIMI
F
X
�E UIA01 m Y IN
04101/11
04101112
E1. EAmAcaDENr s
500,00
RETOwARIIERIEXECUTNE ❑
NIA
5000
EM ER EXCLUDED?
in 14
EL DISEASE -EA f
DISFJ-PO CYUMT f
EL �
,
500,0
TI
pier
T880213M14/BCOFi1
04101/11
04/01H2
Scheduled
552,52
E qld
7s n
GOCR/TWN OF CPE%A710NS / LOCATNM IVEHICL i tAINM ACORD 107. AAdMWM RwMrw 7kMdN. r mw rP@M Y ,.q,r,wl
E: Sanford Avenue, pater Main Exteslicn Eleventh St to Sixth St -II<B 11/12 -01
30 day notice of cancellation/10 day notice for nonpayment of premtum.
ertifioate holder is named as additional insured regarding general
iability, auto liability and excess liability with respects to inoureds
City of Sanford
Attn: Purchasing Manager
PO Box 1786
Sanford, FL 32772
SANFOCI I
filOtR.D ANY 01 TIM ABOVE DE M
aCNEO POLICIES OR cANCBLLBD BBOIIE
THE EXPIRATION DATE TIMREOF, NOTICE V LL SO ON IVERED N
ACCOIIOANCi wrrN TM POLICY PEOVNIONB.
REPREMENTATIVE
t7.
•1
TION. All rights reserved.
ACORD 25 (201OMS)
The ACORD name and logo are registered marks of ACORD