Loading...
1534* L7 Agmt Sec 00520 IFB 77/12-14 Pinecrest IIPURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk and Mayor RE: L7 Agreement Section 00520 lFB 11/12 -14 Pinecrest II Lift Station J 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: Execute agreement and return to Purchasing. Marisol Ordonez - r - 0 1 M ® Mayor's signature ❑ glt) Ayi g (Vau Depu ❑ Payment B ond ❑ City Manager Signature ® City Clerk Attest /Signature Wednesday, August 29, 2012 Date T: \Dept_forms \City Clerk Transmittal Memo - 2009.doc DOCUMENT APPROVAL, 8/2912012 3:47 PM Contract Agreement Name: L7 Agreement Section 00520 IFB 11/12 -14 Pinecrest II Lift Station Approval: J" P asin pager Finance irector Date Date r 1-12- Date Ad CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1" Floor Sanford City Hall MONDAY, August 13, 2012 300 North Park Avenue 7 PM Florida Sanford, NNN NN N NNN. NN NNN N. N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N NN NNNNNNNNNNNNN In accordance with the Americans with Disabilities Act, persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at 407.688.5010 at least 48 hours in advance of the meeting. Advice to the public: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he or she may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) NNN N N N N N N N N N N N N N N N N N N N NNNNN N N N N N N N N N N NNNNNNNNN..NNN NNNNNNNNNNNNN Speaking Before the City Commission. There is a three (3) minutes time limit for each speaker on each item, except a person representing an organization and presenting its views during a quasi judicial hearing will be allowed five (5) minutes, and a person speaking under Citizen Participation will also be allowed five (5) minutes. Your cooperation is appreciated in observing the time limit policy. Each person desiring to address the City Commission on an agenda item pending before the City Commission must, before addressing the City Commission, legibly complete a citizen's input form and submit the form to the City Clerk or designee. Pledge of Civility. A resolution was adopted by the City Commission of the City of Sanford recognizing the importance of civility, decency, decorum and respectful behavior in promoting citizen participation in a democratic government. The City of Sanford calls upon the elected officials, employees, and the public to exercise civility toward each other. (Resolution No. 2226, 04/11/11) NNNNNN NN NNNN NNN NNN NNN NNN NNNNNNNNNNNNN N N N NNN N N NN N N NN NNNNNNNNNNNNN AGENDA 1) Meeting call to order by Mayor Triplett. 2) Invocation by Bishop, Dr. Enrique Hernandez, President of Spanish American International Chaplain Association 3) Pledge of Allegiance. 4) Presentation: 5) Minutes. July 2, 2012 Budget Work Session, July 9, 2012 Work Session and Regular Meeting, and August 1, 2012 Special Meeting. 6) CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from the Consent Agenda by a City Commission member, no discussion on individual items will occur and a single motion will approve all items. [Commission Memo 12 -118] A. Approve MetroPlan Orlando FY 2012/2013 funding agreement in the amount of $26,523. B. Approve Addendum B and Addendum C to lease with Sanford Airport Authority for Youthbuild. C. Approve award of bid to L7 Construction, Inc. in the amount of $109,900 for the Pinecrest II Lift Station project. D. Approve Change Order #1 to Traffic Control Products, Inc., in the amount of $5,220.20 for installation of Wayfinding Signs. E. Approve procurement of services from Stage Door II in amount not to exceed $81,896 for the US 17 -92 median improvement and various Citywide Brick Repair projects. F. Approve staff's ranking of respondents to RFQ 11/12 -02 and delegate authority to the City Manager to negotiate and execute a unit price based contract with Killebrew, Inc., the firm ranked number one, in an amount not to exceed $4,000,000. G. Approve "4 Annual Pirates of St. Juans Festival" Special Event, noise permit, alcohol permit and related street closure. H. Authorize renewal of the Dispatch Services Agreement with the Seminole County Sheriff's Office for term of October 1, 2012 to September 30, 2016. I. Accept 2012 Edward Byrne Memorial Assistance Grant in the amount of $24,511 for two Automatic License Plate Reader Systems. J. Approve procurement of services from Asphalt Recyclers Inc. in amount not to exceed $80,000, from The Middlesex Corporation in the amount of $85,000, from Core Construction Group Inc. in amount of $30,000, and from Fausnight Line and Stripe, Inc. in amount of $12,000 for 3rd Street road rehabilitation services. K. Approve procurement to purchase 35 laptops from CDW -G in the amount of $63,454.50. L. Approve submission of the CDBG One -Year 2012 -2013 Annual Action Plan and the amendment to the 2010 -2011 Action Plan activities to the Department of Housing and Urban Development. (WS -6) 7) PUBLIC HEARINGS: The purpose of a Public Hearing is to receive input regarding the item being considered. Public Hearings are not intended to be a time for the public to obtain information about the subject matter of the hearing. (Hearing Sequence: 1 st - staff; 2 nd - applicant/requesting party; 3 rd - public; final - City Commission motion, discussion and action.) A) Second reading of Ordinance No. 4275 to extend the PD approval to June 2, 2017 for the Twin Lakes Center PD; Owner: Eoghan N. Kelley Family LP; Applicant: Christopher E. Kelley, Twin Lakes Properties LLC; Ad published July 8, 2012. [Commission Memo 12 -119] 8) OTHER ITEMS. A) Resolution No. 2321, adjusting the Water, Wastewater and Reclaimed Water Rates. [Commission Memo 12 -120] B) Resolution No. 2322, to authorize entering into a Florida State Revolving Fund Loan in amount of $11,871,743 for Wastewater Treatment Plant improvements; authorize the City Attorney to execute the legal opinion letter. [Commission Memo 12-121] C) Resolution No. 2323, amending the Classification and Pay Plan regarding Public Information Officer, Administrative Coordinator and Administrative Specialist II. [Commission Memo 12 -122] D) Resolution No. 2325, amending the Classification and Pay Plan regarding Water Quality Specialist and Utility Services Technician I. [Commission Memo 12 -123] E) Resolution No. 2324, authorizing the 2012 Florida Recreation Development Assistance Program grant applications in amount of $200,000 for Coastline Park and $200,000 for the Fort Mellon Park Amphitheater Project. [Commission Memo 12- 127] 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material. If you have a matter you would like to discuss which requires more than five (5) minutes, please feel free to arrange a meeting with the appropriate administrative or elected official. This Citizen Participation is for the City Commission to receive citizen input and comments pertaining to matters over which the City Commission has jurisdiction or control. Questions directed to the City Commission may be referred to City staff to be answered within a reasonable period of time following the meeting. 13) CITY COMMISSIONER'S REPORTS. SECTION 00410 BID FORM PART 1 GENERAL J 1.01 Description The following Bid, for the (1) Pinecrest II Lift Station Modifications: IFB 11/12 -14 , is hereby made to (2) City of Sanford, Florida hereafter called the Owner. This Bid is submitted by (3) L.r7 Co ,�J s cn N I IJc 229'5' SPLAN LANd 1NG 6 LLO 1- OuG&U 000 . , PC, 22,117 32,1- q72.- 9325 (1) Name of Project as shown in the Invitation for Bids (2) Owner (3) Name, address, and telephone number of Bidder 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number --. Dated to 25 tZ Number 2 Dated Z Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. 4. To accomplish the work in accordance with the Contract Documents. Bidder's Initials pL 00410 -1 BID SUBMISSION FORM To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the work within 90 calendar days of the date of the Notice to Proceed. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule The Bidder hereby agrees to perform all work as required by the Contract Documents for the following schedule of Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. Bidder's Initials PINECREST II LIFT STATION BID ITEMS; IFB 11/12 -14 ITEM DESCRIPTION BID PRICE •o 3, oao , 1 Mobilization / Demobilization ee 2 Site / Building Demolition Installation of New Lift station, Wet Well, Valve Vault, Pumps, o0 57 q Pump Controls, Pipe Connections, Valves, Concrete Work, , / 0 6• 3 Startup. Installation of Electrical Feed, Disconnects, Control Panels, ee 15,oz. 4 SCADA System. Installation of New Generator & Pad, Transfer Switch, Power and 00 4,500. 5 Motor Connections, Sartup. Site and Driveway Area Cleanup, Landscaping, Re- establishing 600 6 Sod. a0 7 Fence and Gate Installation TOTAL BASE BID q If /0 I p / ldQ. 00410 -2 BID SUBMISSION FORM 1.04 Miscellaneous Requirements and Affirmations A. Proposals (Bids) must be on the Bid Form. B. I have attached the required Bid Security to this Bid. 1.05 SUBMITTED, signed and sealed this I day of L7 Ca�1�r��T In1G. Contractor zv 7 9 t z- ignature) Date gum Printed Name and Title 22--16 S PL4o65 LA Nr0 I N G 6(-Vp Business Address 1.� wwio rL, 9 2,771 (CORPORATE SEAL) City State Zip Code 92,t - 97 2- 9325 321- 97L- 93L5 Telephone No. Facsimile No. r! Email Address ATTEST: Sit - 7 q / /oZ- By VSinature) Date Printed Name and Title JULIE TRUJILLO END OF SECTION 3• = Notary Public - State of Florida � • My Comm. Expires Jun 8, 2014 Commission # DD 965327 BID SUBMISSION FORM 00410 -3 SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) L7 Construction, Inc. as Principal, and (2) International Fidelity Insurance Compa as Surety, are hereby nd firmly bound unto The (3) City of Sanford, Florida as Owner, in the penal sum of (4) Five Percent of the Amount Bid Dollars ($ 5% ) (5 percent of the total base bid) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) The City of Sanford, Florida as Owner a certain Bid for (5) Pinecrest 11 Lift Station: IFB 1/12 -14 attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) City of Sanford, Florida 4) Amount of Bond as Required in the Instructions to Bidders 5) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. 00420 -1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 11th day of July 1 2012 ATTEST: By (Principal Officer) EAU �. �e,JPitr SP.G�e�7 Typed Name and Title J (CORPORATE SEAL) L7 Construction, Inc. Principal y (Signature of Off er) Typed Name and Title 2295 Springs Landing Blvd. Address Longwood, FL 32779 City, State, Zip By Kathy Clawson, Witness Typed Name and Title International Fi delity Ins urance Comp Sur et r C � By: Attorn y n -Fact & Florida Licensed Resident Agent Jennifer L. Mc arta, Attorney -In -Fact & Florida Licensed Resident Agent Typed Name and Title One Newark Center, 20th Floor (SEAL) Address Newark, NJ 07102 -5207 City, State, Zip (973) 624 -7200 (973) 624 -1408 Telephone No. Facsimile No. Inquiries: (407) 834 -0022 END OF SECTION 00420 -2 Resume • Poinciana WWTP, Osceola Count Expansion with Headworks, BNR, blower bldg., traveling bridge Superintendent. 9 g , chlorine tank, & ground storage tank. • Polk County WWTP Expansion, Polk County ($15 million) 2000 -2001, Superintendent. Conversion of exiting package plant to full scale plant including pretreatment, 2 aeration basins, 3 clarifier, 3 filters, 3 chlorine tanks, sludge holding tank, operation bldg., maintenance bldg., & electrical /generator bldg.. • Celebration Lift Station Rehab, City of Kissimmee, 2001, Superintendent • Greenwood Lakes WWTP, Seminole Count Superintendent. Sinking a new influent lift station 0' deep, installing new blowers to existing process. • Chickasaw Trails Pump Stations, Orange County y ($422,000) 1999, Superintendent. Refurbishment of 2 existing pump stations. • Northwest Orange County WWTP, Orange County y ($18.0 million) 1998 -1999, Asst. Superintendent. Addition to existing including new pretreatment with odor control, anoxic basins, 2 clarifiers, 14 deep bed filters, sludge press bldg., and a major operations bldg.. • Consery II VWVfP, City of Orlando ($8.0 million) 1996 -1997, Foreman • Blue Heron WWTP, City of Titusville ($13.0 million), 1995 -1996, Foreman 0 W OO Construction, Inc. 2295 Springs Landing Blvd. Longwood, FL 32779 321- 972 -9325 office phone /fax Tel (973) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint' - . . .... . BRYCE R. GUIGNARD, T.W. GUIGNARD,; APRIL L. LIVELY, MARGIE MORRIS, PAUL J. CIAIIMBRIELLO, JENNIFER L. MCCARTA, ALLYSON FOSS Longwood, FL. ................. .... .. ...... ..... ....... ... .. .. ...... ...... ... .. its true and lawful attorneys) h4act to execute, seal and deliver for and on its behalf as surety,, any and all bonds and undertakings, contracts of indemnity and other writings: obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply; to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office': This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of Febniary, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) undertakings, taki gs, contracts of ind and to atithorize them to execute on emnity nity and other writings obligatory the nature thereof Company, attach the Seal of the Company thereto, bonds and (2) To remove, at any time, any such attorney -in- fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of 'the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures' and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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. L CO o*rk.v cn o `J , i Nle- . A Firm Authorized Si �-- Printed or Typed Name and Title FORM NO. DFWP 14.204 IFB 11/12-14 Pinecrest 11 Lift Station 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 9 P - kM — L &F�,U&& on behalf of _ L. c5 i kUC�"IOrJ r M!G whose business address is: 2.2115 SPe. j6S LgtiD/NG- (gt,.UQ -G W060 , F L. 3 27 and (if applicable) its Federal Employer Identification Number (FEIN) is 26- 02 (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. I understand the "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilt or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. IFB 11/12 -14 Pinecrest 11 Lift Station 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 CON AINED IN THIS FORM. QQ signature) — i (date) State of Florida County of ` Mi yw On this S — day of — , 201 ZZ, before me, the undersigned Notary Public of the State of Florida, personally appeared ON b i2--E TT L F- t E U (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. N NOTARY PUBLIC ARY PUBLIC, 61TATE OF FLORIDA � II SEAL OF OFFICE: � (l. tl : P � �. ► 1 4 In (Name of Notary Public: Print, Stamp, or TypA as Commissioned.) rte= X t Pv 4��i� JULIE TRUJILLO Notary Public - State of Florida W My Comm. Expires Jun 8, 2014 Commission # DO 965327 Personally known to me, or Produced identification: (Ty e of Identification Produced) _DID ID take an oath, or DID NOT take an oath. FORM NO. PEC 15.204 00435 -3.2 IFB 11/12 -14 Pinecrest 11 Lift Station 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 112— By: Print Name Title trT Official Address: 2-216 SPe,I irGS LA Jo) gCr 6 C 1 J_b L&J 6 W 0 oD , FL 37-771 FORM NO. SFAC 16.204 IFB 11/12 -14 Pinecrest 11 Lift Station Conflict of Interest Statement 435 -5 1. McTr Jet! of Lj (^0 CT , W 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 Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will imjnediately„ notify, the City of Sanford in writing. Signature or slant I Date A e.,F- - zt -- oEtirT" Typed or Printed Name of Affiant Title State of Florida, County of :-x" t a On this ` _ day of �il [I , 201Z before me, the undersigned Notary Public of the State of Florida, personally appeared t ® A3L 0 ezEIT LA C V L atgel (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 SEAL OF OFFICE: JULIE TRUJILLO Notary Public - State of Florida My Comm. Expires Jun 8, 2014 Commission # DD 965327 FORM NO. CFI 18.204 NO ARY PUBLI STATE OF FLORIDA << to ii -e — Tiu-b It D (Name of Notary Public: Print, Stamp, o pe as Commissioned.) Personally known to me, or Produced identification: (Type of Identification Produced) DID take an oath, or DID NOT take an oath. IFB 11/12 -14 Pinecrest 11 Lift: Station 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. 7/b / 1 -JE P_ v or Printed Name of Affiant Title State of Florida, County of L E "V l'i Ir oj-Q On this day of 20 1 Z before me, the undersigned Notary Public of the State o / Florida, personally appeared Oe_m 1<6FEUEi © mo d" 7 ( 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. A _ C " /6 NK TJ�RY PUBLIC, FATE OF FLORIDA NOTARY PUBLIC ti , l SEAL OF OFFICE: UAI rim 4PRY A(i �4 u e,. JULIE TRUJILLO `_' .� �: Notary Public - State of Florida My Comm. Expires Jun 8, 2014 ot : ' Commission # DO 965327 FORM No. AC 5.908 (Name of Notary Public: Print, StanV, or Type as Commissioned.) Personally known to me, or _ Produced identification (Type of Identification Produced) t. .DID take an oath, or DID NOT take an oath IFB 11/12-14 Pinecrest 11 Lift Station 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 L.7 co"ST"WrIolti I0(_. (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: L 7 Co j , 5 rec cT J , I IIJ Signature: Printed Name: $Q.ki L-F-K a.�—k Title: P�i ►OE�cT� ' Date: = 9 I i Z Affix Corporate Seal STATE OF r- (JA } ss COUNTY OF �5E_A7 i.� ) The foregoing instrument was acknowledged before me this 7 day of 20 Y2 by 13e_e1T LtfFr- of L CnA,) :1oL.I firm), on behalf of the firm. He /She is personally known to me or has produced identification. Print Narviie / . Nu.1i � �N It I,I c ) Notary Pu`6"(ic in and for the CMnty and State Aforementioned My commission expires: La JULIE TRUJILLO s Notary Public - State of Florida My Comm. Expires Jun 8, 2014 Commission # DO 965327 Form No. IM 0506.209 IFS 11/12 -14 Pinecrest 11 Lift Station 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: L7 Cori orJ Signature: ted Name: 9t_&r a&,e- Title: P46j 0644T Date: 7 g l I Z Affix Corporate Seal STATE OF 'f'( ooe-t O A ) ) ss COUNTY OF ivij rl)D� ) The foregoing instrument was acknowledged before me this q day of 20 I Z , by 6P -ETT LJEF6vtjL of L.1 firm), on behalf of the firm. He /She is personally known to me or has produced identification. Print Na e < <„ .i if f -- 1 v7,4 '►, l I k Notary Public in and for the County and State Aforementioned My commission expires:_ b I es Z0 d Form No. AWD 0512.209 IFB 11/12 -14 Pinecrest 11 Lift Station Affidavit: Security and Public Safety Requirements, 00425 -9 Code of Sanford, Florida: The CONTRACTOR shall be responsible for the accepted standards, appearance, conduct, and safety of its employees, subcontractors, agents, and any other person caused by the CONTRACTOR to have access to any facility under the authority of the City. 1. The CONTRACTOR under any agreement with the City, shall require all personnel under its cognizance, at all times when performing work in the context of that agreement to wear identification badges which, at a minimum, provides the name of the employee and the CONTRAACTOR. 2. The CONTRACTOR shall, when so required, provide to the CITY a list of employees working on the project which includes a list of employee work days, times and assignments for each employee within forty -eight (48) hours of the request for such information. This information, when requested by the CITY, shall be provided prior to the employees of the CONTRACTOR entering the CITY's premises. 3. The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors, subcontractors and employees of private contractors. The CONTRACTOR shall cause each person designated or found by the City to be functioning in a position and /or location critical to the security and /or public safety of the CITY to undergo the following inquiries and procedures conducted by the City of Sanford: a. Fingerprinting in accordance with the CITY's Procurement procedures, b. Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation, and C. Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR that may work on the CITY's premises in positions found by the City to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or contiyue t sucta,�ritical positions. , I _ /. _ of or Printed Name of Affiant Title Name of Company State of Florida, County of n LM 1 dl.p U On this � day of , 20 I Z before me, the undersigned Notary Public of the State of Florida, personally appeared ( Name(s) of individuals who appeared before notary) whose name(s) is /are Subscribed to the within instrument, and he /she/ hey acknowledge that he /she /they executed it. WITNESS my hand and official seal. N TARY PUBL , STATE OF FLORIDA NOTARY PUBLIC — / SEAL OF OFFICE: �Jwl J� t �- / Z-dI �l (Name of Notary Public: Print, Stamp, or4ype as Commissioned.) JULIE TRUJILL •k Notary public State of Florida Personally known to me, or _ Produced identification �f�W Comm. Expires Jun 6, 2014 Commission # DD 965327 (Type of Identification Produced) X DID take an oath, or DID NOT take an oath IFB 11/12 -14 Pinecrest 11 Lift Station Offeror's Qualification Statement, 00435 -10 SUBMITTED BY NAME: L. Coo .57LO &rtd 0 , IrJL CHECK ONE: _Individual _Partnership VCorporation _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: L.7 Co4 6 T2y ::n *J , t iJ G The address of the principal place of business is: 221.5 t4PR.t (_A N 0,,16 6L UD L006-woon_ R, 32711 2. If Offeror is a corporation, answer the following: a. Date of Incorporation: 6 1 1 8 2007 b. State of Incorporation: aa F(,oR./DA C. President's Name: ✓D LLB L_PF E vEQ. d. Vice President's Name: M/A e. Secretary's Name: Tk.aGl L �F 6JE,e f. Treasurer's Name: W g. Name and address of Resident Agent: 3. If Offeror is an individual or a partnership, answer the following: a. Date of Organization: NIA b. Name, Address and Ownership Units of all Partners: C. State whether general or limited partnershi 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, s}�bmit evidence of compliance with the Florida Fictitious Name Statute. Information attached: ✓ Yes _NA IFB 1 )/12 -14 Pinecrest 11 Lift Station How many years has your organization been in business under its present business name? 5 a. Under what other former names has your organization operated? N O rJ,E- 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. CGC 1514b5& 8. Have you ever failed to complete any work awarded to you? If so, state when, where and why. MO 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. F IB AL VA NPF.LT C." OF DA M JA lop S k1066 wooD Auk 3$ 4- &-7 8 S i 3 (name) (address) (phone number) 6f ." F-gu6,cE TWA - I&)& S T6q J YdvA6 Pk-WY Io7 - 94 -6w0 (name) (address) (phone number) 1M utj,, 1 wO - CF 260 3745 T4 9 W 1 -92. 4D7 - 3 - 4450 (name) (address) (phone number) ,A.J CMA & A — OPPI 2(52 41 32! - 277 - 7852 (name) (address) (phone number) 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 6kf- A'TAe4fi 4"uME 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 435 -10.2 IFB 11/12 -14 Pinecrest 11 Lift Station than five percent (5 %) of the Offeror's business and indicate the percentage owned of each such business and /or individual: 8 P -f-TE �F EvE2 ° 2"6 .SP2.GnI66 LAND (w6 JLVD L_w.,GwTA , f_ 1 9 13. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Offeror: 14. State the name of the Surety Company which will be providing the bond, and name and address of agent: 1N AD -ry iN6Vf A JC_f N6 ".J I Fek L. PI CCAIL - 606MA2D Co nn.P A ,J y No* BoerrNE G4. Loo&woob , FL 32750 15. Bank References: �g �T koB +N PLIF -2 1045 Pi-itA UA Br,vO Lk rn AC, y (bank) (address) (bank) (address) (bank) (address) THE INFORMATION INDICATED IN ITEM 16 IS NOT REQUESTED AT THIS TIME, HOWEVER, THE CITY RESERVES THE RIGHT TO REQUEST THIS INFORMATION. 16. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). b. Net Fixed Assets C. Other Assets d. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) e. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings) 435 -10.3 IFB 11/12 -14 Pinecrest 11 Lift Station State the name of the firm preparing the financial statement and date thereof: This financial statement must be for the identical organization named on page one? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. THE OFFEROR ACKNOWLEDGES AND UNDERS'I ANDS 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 DISCOVF,RY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE ITY TO REJECT THE BID OR PROPOSAL, AND IF AFTER THE AWARD TO CANC ND TVRMIN E TH WARD AND /OR CONTRACT. /L Signature otfAffiant I Date gar LEFt-uEA- POL" 10E,,rir"' Typed or Printed Name of Affiant Title State of Florida, County of `SeA(JJ i n J)U On this q day of � CIZ , before me, the undersigned Notary Public of the State of Florida, personally appeared J 6 ( 2-E�7 L� rc u cg � L � (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. ` Y PUBLIC /,STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: py'% JULIE TRUJILLO _ Notary Public - State of Florida a .€ My Comm. Expires Jun 8, 2014 Commission # DO 965327 (Name of Notary Public: Print, Stamp, or Type as Y Personally known to me, or _ Produced identification: X _DID take an oath, or DID NOT take an oath. Form No. SOQ 25.204 435 - 10.4 (Type of Identification Produced) IFB 11/12 -14 Pinecrest 11 Lift Station State of Florida Department of State I certify that the attached is a true and correct copy of the Application For Registration of the Fictitious Name L7 CONSTRUCTION, INC., registered with the Department of State on December 6, 2011, as shown by the records of this office. The Registration Number of this Fictitious Name is G 11000 118022. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Seventh day of December, 2011 Secretary of State STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 -0783 LEFEVER, BRETT MICHAEL L7 CONSTRUCTION INC 2295 SPRINGS LANDING BLVD LONGWOOD FL 32779 -3723 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE (850) 487 -1395 STATE OF FLORIDA AC# 5 DE;I?'jiRTMEI BUSINESS AND PROFESS iEGULATION CGC1514056 OT/2910 10`8019179 CERTIFIED GENERAL CONTRACTOR LEFEVER?, , BRETT MICHAEL. L7= CON'STRUeTION IS CERTIFIED under the provisions of Ch.489 FS expiration date: AUG 31, ;2012 L10072901363 AC# STATE OF FLORIDA '� pElARTMENT O:F BUS INE S S AND P FZOFTg` S S IONAL REGULiZfi1 ON p t F RT7CTION' INDUSTRY 'LICENSING CONS'I' BOARD. $�Q#� L10072901363 dh DATE _� LTCENSW NBR 07 a9/2i0 -10 — 8.0.].9;179, ,::_ CGC1514056 Trie GENEF2�'Z, �tE it E v S �t`t I D Under t;Y� pr { av s dns Of Chapter 489 FS-- EXpirat: ion' date. AUG 31., 2012 -- LE�'EVER� BRETT .MIC�IAEL U- CON TF,i.0 I;ox INC.'_ 5- ':`SPR , L'ANDING:' BLVD - L9NOQ1 FL 32779-3723 1'E 0IS CHARLIE LTEM G�7 VERNC$ i SECRETARY DtSPLAY.AS REQUIRED, BY LAW COMPLIANCE WITH THE PUBLIC RECORDS LAW, 435 -11 Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers /Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the company submits information exempt from public disclosure, the company must identify with specificity which pages /paragraphs of their bid /proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the company agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the company's documents. t2 Signature of Aslant / j Date LF-1-t- PP,",nGt-,-r Typed or Printed Name of Affiant Title State of Florida, County of yYt 1 V1 G On this day of \, 2 uJI, 20 before me, the undersigned Notary Public of t State of Florida, personally appeared 8 0—Er L E765v E �- °,� � ( 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. % ` �10 ARY PUBLIC TATE OF FEMIDA NOTARY PUBLIC ) SEAL OF OFFICE: Lk I -- 1 — rLC_ 1 (Name of Notary Public: Print, Stamp, or-T�pe as Commissioned.) o +P" ° Oar �. JULIE TRUJILLO Notary Public - State of Florida ,I,",•,•,`o; My Comm. Expires Jun 8, 2014 °•,oFr��:•�' Commission # DD 965327 X Personally known to me, or _ Produced identification (Type of Identification Produced) DID take an oath, or DID NOT take an oath IFB 11/12 -14 Pinecrest 11 Lift Station Acknowledgement of Receipt of Exempt Public Records and Agreement to Safeguard 00435 -12 I hereby acknowledge for myself and my principal LI Cd m6T"Opom , I NC (name of bidder or proposer), (hereinafter referred to as the "recipient') in accordance with the provisions of Florida Statute 119.07(1) and 24(a), Article 1 of the State of Florida Constitution), that any and all documents such as building plans, blueprints, schematic drawings and diagrams, regardless of the status of the documents (draft, preliminary or final) which depict the internal layout and structural elements of a proposed or existing public building, arena, stadium, water treatment facility, wastewater treatment facility, or other structure owned or operated by the City of Sanford that have been provided to the recipient by the City of Sanford are exempt from the Public Records Law of the State of Florida as set forth in the above reverenced law. The recipient hereby acknowledges its obligation to maintain the exempt status of this information and agrees to fully maintain, in every respect, the exempt status of the documents and protect and safeguard the documents from public dissemination. The recipient recognizes that the purpose of this exemption is to protect the City of Sanford, its citizens and the general public from acts of terrorism. The statement of the recipient made herein includes binding representations with regard to the following persons and entities, without limitation: all subcontractors (potential or contracted) of recipient, all employees, agents, officers and any other persons associated with recipient. The recipient shall ensure that all said persons and entities are advised of and agree to protect the exempt nature of the above referenced documents and to safeguard same prior to permitting any of the above said persons or entities to have access to the referenced documents. The recipient may use the referenced documents to make Bids upon an exempt municipal project in coordination with such persons and entities, provided recipient ensures that the exempt status and control of the documents is protected. Listing of specific documents, provided to the Recipient as documented below, which are exempt from the Statutes indicated and as provided above: 1. 2. 3. Recipient: 11/ 12- gnature ' ' Date Representing: L-7 Cyw,5 - rI_o c�Tto _, 1 r c' ((�� Name of Company Printed Name and Title: dJQ��7` �E���P, Solicitation Number: I FA 1 (112• " 1+ Solicitation Title: Po*ce_" ' 11 L (Pr 'frAVVAJ MOP 5.1208 Exempt Public Records IFB 1 1/12 -14 Pinecrest 11 Lift Station SECTION 00440 TRENCH SAFETY STATEMENT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The bidder further identifies the cost of compliance with the applicable trench safety standards as follows: Trench Safety Measure (Description) Units of Measure LF, SY Unit Quantify Unit Cost Extended Cost A. SLOPE h z&-je-A flax 1-- F 4-D 1 2.5 ,> 1 oo o B. C. D. TOTAL: NOTE: The total cost shown herein is already included in the various items in the Total Bid Price in the Contractor's Proposal and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Failure to complete the above and submit with the Bid Form along with other required bidding documents, may result in bid being declared non- responsive. NOTE: BEFORE EXECUTION CONTRACTOR IS REQUIRED TO REVIEW SECTION 00430. IFB 11112 -14 Pinecrest 11 Lift Station 00440-1 Submitted, signed and sealed this (o day of - I - yL4 2011. COWRACTOR SIGNATURE By: L.(--F &j4. Printed Name Title 2295 &PerN L-40"'46 ' 6 WD , L4046r OW J4 SZ7 Business Address ATTEST: % f, JULIE TRUJILLO Notary Public - State of Florida My Comm. Expires Jun 8, 2014 NOTE: If the Contractor intends to install pipe by some other method than trenching under the definitions found in the Florida Trench Safety Act (90 -96, Laws of Florida), he shall so indicate by outlining in the space provided below the method he proposes and how it will comply with the Florida Trench Safety Act and related OSHA Standards for the Owner's evaluation. The Cost of accomplishing the work by any alternate methods to trenching is included in the bid prices shown in the Contractor's Proposal. Outline of Alternate Method: Submitted, signed and sealed this day of 2011. CONTRACTOR SIGNATURE In Printed Name Title Business Address ATTEST: Signature Seal END OF SECTION IFB 11/12 -14 Pinecrest 11 Lift Station 00440-2 Resume Brett Lefever President — L7 Construction, Inc. Having grown up in a construction family and then working in the industry for the past 20 years has allowed me an opportunity to be involved with many types of projects. All of these past experiences have inspired me to start a new adventure of managing my own company! Years with L7 Construction; 5 Years with Wharton- Smith: 16 Years in the Construction Industry: 20+ Education University of Central Florida & Seminole State College, 1994 -1996 Training • Licensed Florida General Contractor • Safety Technician Course 40 hours • Effective Supervisory Management • OSHA- 10 hour, updated • First Aid and CPR • FDEP Stormwater Inspection Certification • Competent Person for Confined Space Entry, updated • Competent Person for Trenching and Excavation, updated • Competent Person for Scaffolding, updated • Certified Crane Operation (company — hydraulic) • Certified Operator — Backhoe, updated • Construction Blueprint Course • Supervisory Management Course • Competent Person on Jobsites Experience • Flygt Drainage Repairs, UPPI 2011. Replaced existing corrugated ADS piping with 6" SDR and installed rip rap at discharge along with complete finish grading and sodding. • Otter Exhibit, Central Florida Zoo ($75,000) 2011. All site work including structural excavation, backfill, and finish grading. Formed, poured, placed, & finished all concrete footings, walls, columns, slabs, and supported decks. Resume • S. Bermuda Central Electric Bldg — Fuel Piping ($80,000) 2012. Furnished and installed all piping associated with Supply, return, & vents including day tanks and pumps. • S. Bermuda Central Electric Bldg. Mechanical Install, Toho Water Authority ($300,000) 2012. Transported and installed (2) 1750Kv generators, (2) 10,000 gallon bulk storage tanks, and all associated exhaust piping, silencers, painting, insulation, and labeling. • Westside Reg Filter Bypass Piping, City of Daytona Beach ($210,000) 2012. Added on to the existing filter's influent and effluent channels slabs and walls, installed 42' DIP, Alum slide gate with electric actuator, installed a precast vault on a 48" line and installed a mag meter. • Harvest Time International 2012. Backfilled and poured concrete in trenches for new plumbing and electrical installed for the Dental Service. Previous Experience with Wharton- Smith, Inc. • Greenwood Lakes WTF Upgrades, Seminole County ($14.0 million) 2010 -2011, General Superintendent. Upgrade existing aeration basin, headworks, clarifiers, & sludge holding tanks. Construct and new filter and operations bldg.. • Tallahassee WWTF Upgrades phase I, 2A, & 2B ($30.0 million combined) 2009- 2011, General Superintendent. Construct a new headworks, plant lift station, filter, methanol storage, SHC storage, odor control system, centrifuge bldg., sludge holding, gravity thickner, press bldg., and digested sludge tanks. • Northeast Regional WWTP Expansion, Polk County ($28.0 million) 2009 -2011, General Superintendent. Construct new BNR tanks, sludge holding tanks, deep bed filters, chlorine contact, and misc upgrades to existing structures. • Southern Regional WTF, Orange County ($26.0 million) 2010 -2011, General Superintendent. Construct a new Ozone treatment water facility with 6 deep wells on site. Inculding an operations bldg., ozone bldg., HSP bldg., and site work. • Charleston WTP Expansion, City of Charleston SC ($19.0 million) 2008 -2011, General Superintendent. Addition of a new 2 story filter structure and chemical facility then demolition of existing clearwell. • Vero Beach WWTF, ($26.0 million) 2008, General Superintendent. Addition of new headworks, aeration tank, 2 clarifiers, electrical bldg. and generators • Eastern Regional WWTF Expansion, Orange County ($28.0 million) 2008 -2010, General Superintendent. Construction of new Aeration basin, clarifier, and electrical /blower bldg. with generators. Resume • Manta Rollercoaster, SeaWorld Orlando ($26 million) 2008, General Superintendent. Construction of a new coaster inside the existing park • Patrick's AFB Lift St Rehab, ($400,000) 2010, General Superintendent. Gutting of 2 existing lift stations and replacing pumps and equipment with new. • Mulberry WWTF Upgrades, Polk County ($16.0 million) 2007 -2008, General Superintendent. Addition of new headworks, aeration basin, clarifier, sludge holding, filter, & chlorine contact basin. • St Cloud Southside WWTF Expansion, City of St Cloud ($30.0 million) 2006, General Superintendent. Addition of 2 aeration basins, 3 clarifiers, headworks structure, filter, chlorine contact basins, electrical /blower bldg. with generators. • Parkway WWTF, Toho Water Authority ($8.0 million) 2006, General Superintendent. Addition of ground storage tank and headworks while rehabbing existing EQ tank and misc pumps and piping. • Mitchell Hammock WTF, City of Oviedo ($15.0 million) 2006, General Superintendent. New WTF with ground storage tank, wells, & electrical bldg.. • Lake Washington WTF, City of Melbourne ($22.0 million) 2007, General Superintendent. Construction of a caisson structure 40' deep intake structure and ozone generation equipment with contact tank and generators. • Sanford North WWTF Upgrades, Seminole County ($9 million) 2006, General Superintendent. New chemical storage facility, rehab of existing clarifiers and headworks. • Sanford South WWTF, Seminole County ($15.0 million) 2006, General Superintendent. Constructing new plant including Headworks, 2 aeration basins, 2 clarifier, filters, chlorine contact, HS Pump bldg., 2 electrical bldgs. With generators. • Kissimmee Lift Station Rehab, Toho Water Authority ($211,000) 2004, Senior Superintendent. Gut all equipment while bypassing existing station and install new equip. • South Bermuda WRF, Toho Water Authority ($12.0 million) 2004 -2005, Senior Superintendent. Construct a new headworks, primary clarifier, splitterbox, AOAO, clarifier, & electrical /blower bldg. with generators. • D.B. Lee WWTP, City of Melbourne ($18.0 million) 2002 -2003, Senior Superintendent. Expansion including a 40' deep influent lift station, 3 story headworks with electrical and control rooms, 2 aeration basins, clarifier, EQ tank, deep bed filter, and generator bldg.. SECTION 00520 AGREEMENT FORM PART 1 GENERAL ,�{� 1.01 THIS AGREEMENT, made and entered into the // day of Ae . a © �O� by and between the City of Sanford Florida 300 North Park Avenue, Sanford, Florida 32771 a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER ") and L7 Construction, Inc. whose principal and local address is: 2295 Springs Landing BLVD: Longwood, FL 32777 hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. Contract Documents The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the Pinecrest II Lift Station; IFB 11/12 - 14.. C. Contract Time The Contractor shall begin work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is 90 calendar days. The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not 00520 -1 IFB 11/12 -14 substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,000. -- for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one - fourth ( %) of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of One hundred nine thousand, nine hundred dollars and no /100 Dollars ($ 109,900. -- ). Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10 %, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Reserved 00520 -2 IFB 11/12 -14 Additional Terms and Conditions The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and /or service providers to provide the same goods and /or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and /or service providers for CITY projects. The CITY reserves the right to select which goods and /or services provider shall provide goods and /or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods /services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 00520 -3 IFB 11/12 -14 9. No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and /or services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty -eight (48) hours of the CITY's written request for such information. This information will be reviewed, screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and /or work sites. d. The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning in a position critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: 00520 -4 IFB 11/12 -14 1) Fingerprinting in accordance with the CITY's pre - employment procedures; 2) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. e. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and /or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City Commission to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and /or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and /or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and /or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 00520 -5 IFB 11/12 -14 14. Time is of the essence in the performance of all goods and /or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and /or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his /her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: 00520 -6 IFB 11/12 -14 Paul Moore Utilities Director City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and /or services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the 00520 -7 IFB 11/12 -14 public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and /or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and /or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and /or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 00520 -8 IFB 11112 -14 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and /or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the 00520 -9 IFB 11/12 -14 indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. The CONTRACTOR shall submit a report to the CITY within twenty -four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first PurchaseiWork Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 00520 -10 IFB 11/12 -14 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the CITY. 48, The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work 00520 -11 IFB 11/12 -14 performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and /or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and /or services are provided to the CITY after the CONTRACTOR has obtained, at its sole 00520 -12 IFB 11/12 -14 and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in conflict of interest in the performance employee or other person during the otherwise related to, this Agreement or others to violate the provisions of Part III, relating to ethics in government. any action that would create a of that actions of any CITY course of performance of, or which would violate or cause Chapter 112, Florida Statutes, 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any PurchaseMork Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 00520 -13 IFB 11/12 -14 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and /or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and /or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. 00520 -14 IFB 11/12 -14 Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the 00520 -15 IFB 11/12 -14 State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in pars materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. 00520 -16 IFB 11/12 -14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: L Com6 r" mo ,,thtL Name of Firm 2.t Z y (Signature) at - & - ET UE&UE2 PP...ES, DE'lT tented Name and Title ATT ST: 91 , 24 t By (Signature) Date Printed Name and Title OWNER: City of Sanford Name of Owner -�- ANN �'Q I� I Jeff Triplett - Val' Printed Name and Title A EST: (Signature) Date J anet Dougherty, City Clerk Printed Name and Title Approved as to #eft legalsa�ey. ItttarnL�olbert V Attorney END OF SECTION (SEAL) (SEAL) 00520 -17 IFB 11/12 -14 Addendum 1.02 -A Documents which are fully a part of the Contract with the City of Sanford are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim.. 1.02.1 Executed, Section 00520 Agreement Form. _1.02.2 The Project Manual, Note (Index, Page 00010 of the Project Manual; Includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Project). _1.02.3 Addenda Applicable to the Bid. 1.02.4 Contractor's Bid, 00410. 1.02.5 Performance Bond, 00605. _1.02.6 Payment Bond, 00610. 1.02.7 Material and Workmanship Bond, 00615. 1.02.8 Standard General Forms Set, 00435. _ Disputes Disclosure Affidavit, 00435 -1. _ Drug Free Work Place Affidavit, 00435 -2. _ Florida Statutes on Public Entity Crimes Affidavit, 00435 -3. _ Non - Segregated Facilities Affidavit, 00435 -4. _ Conflict of Interest Affidavit, 00435 -5. _ Non- Collusion Affidavit, 00435 -6. _ Unauthorized (Illegal) Alien Workers Affidavit, 00435 -7. _ Americans With Disabilities Act Affidavit, 00435 -8. _ Security and Public Safety Affidavit, 00435 -9. _ Offeror's Qualification Statement, 00435 -10. _ Compliance with Public Records Law Affidavit, 00435 -11. _ Exempt Public Records, 00435 -12. " 1.02.9 Insurance Certificate(s). _1.02.10 E- Verify Compliance Affidavit, 00436. _1.02.11 Trench Safety Statement Affidavit, 00440. _1.02.12 Criminal History Evaluation Affidavit. 00470. _1.02.13 Notice of Award, 00510. Any additional document(s) that are not specifically listed in Section 1.02.1 — 1.02.14, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. 1.02.15 Notice to Proceed, 00530. _1.02.16 Consent of Surety to Final Payment 00617. _1.02.17 Contractor's Application for Payment Form 00625. 1.02.18 Certificate of Substantial Completion 00626. 1.02.19 Certificate of Final Completion 00627. 1.02.20 Contractor's Partial Release of Lien Form 00640. _1.02.21 Subcontractor's Final Release of Lien Form 00641. 00520 -18 IFB 11/12 -14 1.02.22 Subcontractor's Partial Release of Lien Form 00644. 1.02.23 Contractor's Release of Lien Form 00645. _1.02.24 Project Field Order Form 00840. _1.02.25 Work Directive Change Form 00845. _1.02.26 Change Order F00850. Documents 1.02.15 — 1.02.26 are included in the Project Manual as forms to be used as appropriate. These forms and any addenda agreed upon by the parties, when processed and executed, even though the actions occurred after the effective date of the Contract, become fully a part of the Contract. 00520 -19 IFB 11/12 -14 Public Work F.S. Chapter 255.05 (1) (a) Cover page forms and becomes a part of this bond. SECTION 00605 PERFORMANCE BOND Bond No. SEIFSUO362438 Executed in 3 Counterparts KNOW ALL MEN BY THESE PRESENTS: that L7 Construction, Inc. (Name of CONTRACTOR) 2295 Springs Landing Blvd., Longwood, FL 32779 (321) 972 -9325 (Address of CONTRACTOR) a Co rporation Principal, and (Corporation, Partnership or Individual) International Fidelity Insurance Company hereinafter called (Name of Surety) One Newark Center, 20th Floor, Newark, NJ 07102 -5207 (973) 624 -7200 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford hereinafter called OWNER, in the full and just Sum of One Hundred Twenty Thousand Eight Hundre Ninety & 00 /100ths DOLLARS ($120,890.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of Q Pinecrest II Lift Station: IFB 11/12 -14 1) Name of Owner 2) Name of Project identified in Instructions to Bidders This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. 0 .cn NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and a WRYRMW NOISE, CLERK OF CIRCUIT COURT OF SEMINOLE COUNTY 87854 Pgs 8631 - 641; f llpgs) 00605 -1 LE NUM 20121 09299 89/13/2912 83 :4702 PH RECORDING FEES 95.N RECORDED BY J Eckenroth(all) Public Work F.S. Chapter 255.05 (1)(a) Cover Page BOND NO.: SEIFSUO362438 CONTRACTOR NAME: L7 Construction, Inc. CONTRACTOR ADDRESS: 2295 Springs Landing Blvd. Longwood, FL 32779 CONTRACTOR PHONE NO.: (321) 972 -9325 SURETY COMPANY: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 -5207 SURETY COMPANY PHONE NO.: (973) 624 -7200 OWNER NAME: City of Sanford, Florida OWNER ADDRESS: 300 North Park Avenue Sanford, FL 32771 -1244 OWNER PHONE NO.: (407) 668 -5000 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $120,890.00/$120,890.00 — 110% of Contract Amount of $109,900.00 CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: Pinecrest II Lift Station; IFB 11/12 -14 PROJECT LOCATION: West Side of Pinecrest Baptist Church, 601 E. Airport Blvd, Sanford, FL 32771 LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 00605 -2 Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. i IN WITNESS WHEREOF this instrument is executed this the �t S day of S� ATTEST: Secretary (Principal) p _ Typed Name (CORPORATE SEAL) (Witness to Principal) Typed Name ATTEST: L7 Construction, Inc. Principal (Contractor) (Signature) Bg&�a CF-Fea - Plod Typed Name and Title 2295 Springs Landing Blvd. Address Longwood, FL 32779 City, State, Zip (321) 972 -9325 (3 21) 972 -9325 Telephone No. Facsimile No. International Fidelity Insurance Compan Surety (973) 624 -7200 (973) 624 - 14 0 8 Telephone No. Facsimile No. By: 00605 -3 Witness as to Surety Jennifer McCarta, Witness Typed Name nn - `' I c7C�,h ck 2,t"� < �.J Witness to Surety Kathy Clawson, Witness Typed Name Attorney -in -Fact & Florida Licensed Resident Agent Paul J. Ciambriello Typed Name One Newark Center, 20th Floor Address Newark, NJ 07102 -5 City, State, Zip (973) 624 - 7200 (973) 624 - 1408 Telephone No. Facsimile No. Inquiries: (407) 834 -0022 NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00605 -4 Public Work F.S. Chapter 255.05 (1)(a) Cover Page BOND NO.: SEIFSUO362438 CONTRACTOR NAME: L7 Construction, Inc. CONTRACTOR ADDRESS: 2295 Springs Landing Blvd. Longwood, FL 32779 CONTRACTOR PHONE NO.: (321) 972 -9325 SURETY COMPANY: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 -5207 SURETY COMPANY PHONE NO.: (973) 624 -7200 OWNER NAME: City of Sanford, Florida OWNER ADDRESS: 300 North Park Avenue Sanford, FL 32771 -1244 OWNER PHONE NO.: (407) 668 -5000 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $120,890.00/$120,890.00 —110% of Contract Amount of $109,900.00 CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: Pinecrest II Lift Station; IFB 11/12 -14 PROJECT LOCATION: West Side of Pinecrest Baptist Church, 601 E. Airport Blvd, Sanford, FL 32771 LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Work F.S. Chapter 255.05 (1) (a) Cover page forms and becomes a part of this bond. SECTION 00610 PAYMENT BOND Bond No. SEIFSUO362438 Executed in 3 Counterparts KNOW ALL MEN BY THESE PRESENTS: that L7 Construction, Inc. (Name of CONTRACTOR) 2295 Springs Landing Blvd., Longwood, FL 32779 (321) 972 -9325 (Address of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and International Fidelity Insurance Company (Name of Surety) One Newark Center, 20th Floor, Newark, NJ 07102 -5 (973) 624 -7200 (Address of Surety) hereinafter called Surety, are held and firmly bound unto . 1) City of Sanford hereinafter called OWNER, in the full and just Sum of One Hundred Twenty Thousand Eight Hundre Ninety & 00 /100ths DOLLARS ($120,890.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whe eas the Principal entered into a certain Agreement with the OWNER, dated the L/ day of . " W / r , , a copy of which is hereto attached and made a part hereof for the construction of Q Pinecrest II Lift Station; IFB 11/12 -1 1) Name of Owner 2) Name of Project identified in Instructions to Bidders The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or 00610 -1 This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. supplies shall, within forty -five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 4. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. 5k- IN WITNESS WHEREOF this instrument is executed this the day of & ' f S 1'2- ATTEST: Secretary (Principal) Typed Name (CORPORATE SEAL) L7 Construction, Inc. Principal (Contracto ) y (Signature) , bx6t- LEFP_vEle. - PR SIVENT Typed Name and Title 2295 Springs Landing Blvd. Address 00610 -2 Longwood, FL 32779 (Witness to Principal) Typed Name ATTEST: �i IL-� �— (Surety) Secr nary Kandy Dujon, Witness Typed Name (CO PORAT� SEAL) it ess a Surety Jennifer McCarta, Witness Typed Name Witness s to Surety Kathy Clawson, Witness Typed Name City, State, Zip (321) 972 -9325 (321) 972 -9325 Telephone No. Facsimile No. International Fidelity Insurance Co mpany Surety (973) 624 -7200 ( 973) 624 -1408 Telephone No. Facsimile No. By: - Pays, � a",42 Attorney - F ct & Florida Licensed Resident Agent Paul J. Ciambriello Typed Name One Newark Cente 2 Floor Address Newark, NJ 07102 -5207 City, State, Zip (973) 624 -7200 (973) 624 -1408 Telephone No. Facsimile No. Inquiries: (407) 834 -0022 NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00610 -3 Tel ( 973 ) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ... .. ... ................................ ...... . BRYCE R. GUIGNARD, J.W. GUIGNARD, APRIL L. LIVELY, MARGIE MORRIS, PAUL J, CIAMBRIELLO, JENNIFER L. MCCARTA, ALLYSON FOSS Longwood, FL. ............. . .......... .......... .............. ..........:.............. ........... ............. .................... ........................_........................... ......................... ............ ........... ...._.......... _ ...........> its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or ermitted b law, stature, rule, regulation, contract or otherwise, and the execution of such "mstrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office: This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindle upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007, INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex <---� ••r�� Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ��.�` �,�,Y WAZ • !e, • IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ,` [s.(���•.� at the City of Newark, New Jersey the day and year first above written. , .lam • Ts �/ �•' OFIy ,`�,. A NOTARY PUBLIC OF NEW JERSEY ,•••• + ++ +. +��rs + `` ' CERTIFICATION My Commission Expires March. 27, 2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify thatI have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole ,of'the said originals, and that the said Power of Attorney has not been revoked'and is now in full force and effect IN TESTIMONY WHEREOF; 1 have hereunto set my hand this day of L.L�a1WUII a,�l W1hS+'1-l(:IUP Assistant Secretary FOR SCANNING GUIGNARD L) oRiGiaaL August 29, 2012 City of Sanford, Florida 300 North Park Avenue Sanford, FL 32771 -1244 Re: Authority to Date Bonds and Powers of Attorney Principal: L7 Construction, Inc. Bond No.: SEIFSUO362438 Project: Pinecrest 11 Lift Station; IFB 11112 -14, located on the West side of Pinecrest Baptist Church, 601 E. Airport Blvd., Sanford, FL 32771 Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please send a copy of the dated bonds to our office. Best regards, International Fidelity Insurance Company V -!.r. Paul J. Cia riello - 904 Attorney In Fact and Florida Lfcerged Rg0dgnt Agent 1904 BOOTHE CIRCLE LONGWOOD, FL 32750 PH (407) 834 -0022 (888) 22 -3 780 FAX (407) 260 -1767 (888) 220 -3228 WWW.GUIGNARDCOMPANY.COM 0 E) ORIGINAL GUIGNARD August 29, 2012 City of Sanford, Florida 300 North Park Avenue Sanford, FL 32771 -1244 Re: Authority to Date Bonds and Powers of Attorney Principal: L7 Construction, Inc. Bond No.: SEIFSUO362438 Project: Pinecrest 11 Lift Station; IFB 11112 -14, located on the West side of Pinecrest Baptist Church, 601 E. Airport Blvd., Sanford, FL 32771 Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please send a copy of the dated bonds to our office. Best regards, International Fidelity Insurance Company Paul J. Ci riello Attorney In Fact and Florida Licensed Resident Agent 1904 BOOTHE CIRCLE • LONGWOOD, FL 32750 PH (407) 834 -0022 (888) 220 -3780 FAX (407) 260 -1767 (888) 220 -3228 WWW.GUIGNARDCOMPANY.COM Public Work F.S. Chapter 255.05 (1)(a) Cover Page BOND NO.: SEIFSUO362438 CONTRACTOR NAME: L7 Construction, Inc. CONTRACTOR ADDRESS: 2295 Springs Landing Blvd. Longwood, FL 32779 CONTRACTOR PHONE NO.: (321) 972 -9325 SURETY COMPANY: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 -5207 SURETY COMPANY PHONE NO.: (973) 624 -7200 OWNER NAME: City of Sanford, Florida OWNER ADDRESS: 300 North Park Avenue Sanford, FL 32771 -1244 OWNER PHONE NO.: (407) 668 -5000 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $120,890.00/$120,890.00 —110% of Contract Amount of $109,900.00 CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: Pinecrest II Lift Station; IFB 11/12 -14 PROJECT LOCATION: West Side of Pinecrest Baptist Church, 601 E. Airport Blvd, Sanford, FL 32771 LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Work F.S. Chapter 255.05 (1) (a) Cover page forms and becomes a part of this bond. SECTION 00605 PERFORMANCE BOND Bond No. SEIFSUO362438 Executed in 3 Counterparts KNOW ALL MEN BY THESE PRESENTS: that L7 Construction, Inc. (Name of CONTRACTOR) 2295 Springs Landing Blvd., Longwood, FL 32779 (321) 972 - 9325 (Address of CONTRACTOR) a Corporation (Corporation, Partnership or Individual) Principal, and International Fidelity Insurance Company hereinafter called (Name of Surety) One Newark Center, 20th Floor, Newark, NJ 07102 - 5207 (973) 624 - 7200 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford hereinafter called OWNER, in the full and just Sum of One Hundred Twenty Thousand Eight Hundre Ninety & 00 /100ths DOLLARS ($120,890.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is suc that whe as the Principal entered into a ra' Agreement with the OWNER, dated the �� day of - C ✓ , a copy of which is hereto attached and made a part hereof for the construction of Pinecrest II Lift Station: IFB 11/12 -14 1) Name of Owner 2) Name of Project identified in Instructions to Bidders This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal: Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 00605 -1 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 00605 -2 Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. s�- IN WITNESS WHEREOF, this instrument is executed this the day of kv1 � V, S }" , 10 ATTEST: Secretary (Principal) a (--. L <�� � r Typed Name (CORPORATE SEAL) (Witness to Principal) Typed Name ATTEST: KC"- (Surety) Sec tary Kandy Dujon, Witness Typed Name L7 Construction, Inc. Principal (CTz -- K j (Signature) E a# Typed Name and Title 2295 Springs Landing Blvd. Address Longwood, FL 32779 City, State, Zip (321) 972 -9325 (321) 972 -9325 Telephone No. Facsimile No. International Fidelity Insurance Compan Surety (973) 624 -7200 (973) 624 -1408 Telephone No. Facsimile No. (CO Ji POR A E SEAL) By. 00605 -3 Witness as to Surety Jennifer McCarta, Witness Typed Name�''�� Witness 9s to Surety Kathy Clawson, Witness Typed Name Attorney -in -Fact & Florida Licensed Resident Agent Paul J. Ciambriello Typed Name One Newark Cente 20th Floor Address Newark, NJ 07102 - 5207 City, State, Zip (973) 624 - 7200 (973) 624 - 1408 Telephone No. Facsimile No. Inquiries: (407) 834 -0022 NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00605 -4 Public Work P.S. Chapter 255.05 (1)(a) Cover Page BOND NO.: SEIFSUO362438 CONTRACTOR NAME: L7 Construction, Inc. CONTRACTOR ADDRESS: 2295 Springs Landing Blvd. Longwood, FL 32779 CONTRACTOR PHONE NO.: (321) 972 -9325 SURETY COMPANY: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 -5207 SURETY COMPANY PHONE NO.: (973) 624 -7200 OWNER NAME: City of Sanford, Florida OWNER ADDRESS: 300 North Park Avenue Sanford, FL 32771 -1244 OWNER PHONE NO.: (407) 668 -5000 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $120,890.00/$120,890.00 —110% of Contract Amount of $109,900.00 CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: Pinecrest II Lift Station; IFB 11/12 -14 PROJECT LOCATION: West Side of Pinecrest Baptist Church, 601 E. Airport Blvd, Sanford, FL 32771 LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Work F.S. Chapter 255.05 (1) (a) Cover page forms and becomes a part of this bond. SECTION 00610 PAYMENT BOND Bond No. SEIFSUO362438 Executed in 3 Counterparts KNOW ALL MEN BY THESE PRESENTS: that L7 Construction, Inc. (Name of CONTRACTOR) 2295 Springs Landing Blvd., Longwood, FL 32779 (32 972 -9325 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and International Fidelity Insurance Company (Name of Surety) One Newark Center, 20th Floor, Newark, NJ 07102 -5207 (973) 624 -7200 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford hereinafter called OWNER, in the full and just Sum of One Hundred Twenty Thousand Eight Hundre Ninety & 00 /100ths DOLLARS ($120,890.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of Q Pinecrest II Lift Station: IFB 11/12 -14 1) Name of Owner 2) Name of Project identified in Instructions to Bidders The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or 00610 -1 This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. supplies shall, within forty -five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 4. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. I- p� IN WITNESS WHEREOF, this instrument is executed this the (� day of ATTEST: I In Secretary (Principal) Typed Name L7 Construction, Inc. Principal (Contractor) -- gAdk - I. A�A_ (Signature) 6wr LEF "Ep- - Typed Name and Title (CORPORATE SEAL) 2295 Springs Landing Blvd. Address 00610 -2 (Witness to Principal) Typed Name AT T ST: — (Surety) Seoetary Kandy Dujon, Witness Typed Name (CORPORATE SEAL) itness as td Surety Jennifer McCarta, Witness Typed Name l� �s Witness a to Surety Kathy Clawson, Witness Typed Name Longwood, FL 32779 City, State, Zip (321) 9 72 - (321) 972 -9325 Telephone No. Facsimile No. International Fidelity Insurance Co mpany Surety (973) 624 - 7200 ( 973) 624 - 1408 Telephone No. Facsimile No. Y Attorney - act & Florida Licensed Resident Agent Paul J. Ciambriello Typed Name One Newark Center, 20th Fl Address Newark, NJ 07102 - 5207 City, State, Zip (973) 624 -7200 (973) 624 -1408 Telephone No. Facsimile No. Inquiries: (407) 834 -0022 NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00610 -3 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ... . ... ................. ...... ..... ... BRYCE R. GUIGNARD, J.W. GUIGNARD, APRIL L. LIVELY, MARGIE MORRIS, PAUL J', CIAMBRIELLO, JENNIFER L. MCCARTA, ALLYSON FOSS Longwood, FL. .. ..... ...... ........ ....... ...... ....... ........ ........... .. ......... ........ . its true and lawful attorney(s) -in=fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or rmitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL' FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked,' pursuant to and by authority of Article 3- Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a, meeting called and held on the 7th day of Tebruary, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly, called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power' of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. I7Y /N IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be :JE � " lj signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. j.INTERNATIONAL FIDELITY INSURANCE COMPANY STATE NEW JERSEY �` County of f Essex � Secretary On this 16th day of October 2007, before me came the individual who executed the receding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. I Ae ''►•,, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, .*' �,. *� < "••. "':, at the City of Newark, New Jersey, the day and year first above written. .' C)T , NA NOTARY PUBLIC OF NEW J ERSEY ► o'..uW CERTIFICATION My Commission Expires Marc h. I the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of Assistant Secretary