874-Core Construction Group (2007)
\ J
CITY OF SANFORD
PROFESSIONAL SERVICES AGREEMENT FOR
CONCRETE CONSTRUCTION AND REPAIR SERVICES WITH
CORE CONSTRUCTION GROUP, INC.
(INVITATION TO 810-06/07-1)
THIS AGREEMENT made and entered into the /1 day of .5JiIJU :JJ"-,,f
,
200~ by and between the:
City of Sanford, Florida
300 North Park Avenue
Sanford, Florida 32771
1
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred to as the "City," and:
Core Construction Group, Inc.
1126 Division Avenue, Suite C
Orlando, Florida 32805
a corporation, authorized to do business in the State of Florida, hereinafter referred to as
the "Contractor".
The City and the Contractor are collectively referred to herein as the "parties".
WITNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the
Invitation To Bid (ITB) and description of services outlined in Exhibit A; and
WHEREAS, the City desires to employ the Contractor for the performance to
support the activities, programs, and projects of the City upon the terms and conditions
hereinafter set forth, and the Contractor is desirous of performing and providing such
services upon said terms and conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City;
and
WHEREAS, all submissions submitted by the Contractor in the proposals/lTB
submitted to the City are hereby incorporated to the extent not inconsistent with the terms
and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
Concrete Construction and Repair Agreement
Page NO.1
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
Table Of Contents:
SECTION 1: DEFINITIONS. .... .......... ........ ..................... ............. .... ............................ ...3
SECTION 2: CAPTIONS.. ...... .................... .... .... ....... ....... ............................ ..................4
SECTION 3: EXTENT OF AGREEMENT / INTEGRATION / AMENDMENT. ................4
SECTION 4: NO GENERAL CITY OBLIGATION. ..........................................................5
SECTION 5: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED. ...........5
SECTION 6: GENERAL PROVISIONS. ........... ......... ................ ........................... ..........6
SECTION 7: CODES AND DESIGN STANDARDS........................................................7
SECTION 8: SUBCONTRACTORS................................ ........ ..................... ...................7
SECTION 9: ASSiGNABILITy......................... ......... .......... ....... .....................................7
SECTION 10: COMMENCEMENT/lMPLEMENT A TION SCHEDULE OF AGREEMENT.
................................................................................................................................ .....7
SECTION 11: LENGTH OF AGREEMENT.....................................................................8
SECTION 12: DESCRIPTION OF SERVICES. ... ..... ....................... .......... .....................8
SECTION 13: CONTRACTOR RESPONSIBILITIES. ................ ........................... ..........8
SECTION 14: CITY RIGHTS AND RESPONSIBILlTIES................................................9
SECTION 15: WAIVER. ....:.... ...... ...... ......... ................. ............................................... .11
SECTION 16: FORCE MAJEURE. ....... .............. ...................................................... ....11
SECTION 17: STANDARDS OF CONDUCT. ....... ...... .................. ........................... .....11
SECTION 18: NOTiCES...... .............. ......... ....... .................. ....................................... ..13
SECTION 19: DESIGNATED REPRESENT A TIVES....................................................14
SECTION 20: WORK ORDERS. ..................................................................................15
SECTION 21: CHANGE ORDERS. .. ............... ............................ ............................. ....16
SECTION 22: COMPENSATION. .... ........... ............... ....... ............... ................... .... ......16
SECTION 23: INVOICE PROCESS...... ..... ..... ........................... ............................. ......17
SECTION 24: TERMINATION OF AGREEMENT. .......................................................18
SECTION 25: TERMINATION BY CONTRACTOR FOR CAUSE. ...............................19
SECTION 26: TERMINATION BY THE CITY WITHOUT CAUSE. ...............................19
SECTION 27: PAYMENT IN THE EVENT OF TERMINATION. ...................................19
SECTION 28: ACTION FOLLOWING TERMINATION. ................................................19
SECTION 29: SUSPENSiON..................... ......... ....... ................................................. .19
SECTION 30: ALTERNATIVE DISPUTE RESOLUTION (ADR). .................................20
SECTION 31: SEVERABILITy.......... ......... ........................ ....................................... ...20
SECTION 32: CONTROLLING LAWS/VENUE/INTERPRETATION. ...........................21
SECTION 33: INDEMNITy....................... ............ ..... ................................................ ...21
SECTION 34: INSURANCE......................................................................................... .22
SECTION 35: EQUAL OPPORTUNITY EMPLOYMENT/NON-DISCRIMINATION ......23
SECTION 36: ACCESS TO RECORDS/AUDIT/PUBLIC RECORDS. ..........................24
SECTION 37: COUNTERPARTS........... .............. ...................................................... ..25
SECTION 38: SUBMITTALS........... ............ ................................................................ .25
SECTION 39: EXHIBITS................................... .......................................................... .25
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SECTION 1: DEFINITIONS.
Ad valorem - In proportion to the estimated value of the goods taxed.
Agreement - This document and all subsequent Work Orders between the City and
Contractor. Each Exhibit, as identified below, even if not physically attached, shall be
treated as if they were part of this Agreement. The effective date of this Agreement is the
date City Council approves the selection of the Contractor.
Billing Period - The period of time between project commencement to the close of the
current period, (inclusive); or from the close of the previous billing period, (exclusive), to
the close of the current period, usually concurrent with the month. In no case shall this
period be less than one calendar month except for the final Billing Period.
Bona Fide - Made or carried out in good faith; sincere.
City - The City of Sanford, a municipal corporation of the State of Florida holding tax
exempt status.
Contractor - To include all principals of the Contractor including, but not limited to, full and
part time employees, professional or otherwise, and all other agents employed by or for
Contractor to perform its obligations hereunder.
Description of Services - Shall be written in paragraph form resonably describing those
services the City can expect the Contractor to provide. The description shall be written in
such a manner that the type of service is clearly provided, but broad enough that all
services reasonably expected of the Contractor, including services provided by partners,
subcontractors, and other supporting professionals, can be provided to the City.
Designated Representative - A person who administers, reviews, and coordinates the
provision of services. This definition applies equally to the City and to the Contractor.
Exhibit A - Description of Services.
Exhibit B - Project Status Report Form.
Exhibit C - Hourly Rate Schedule.
Exhibit D - Certificate of Liability Insurance.
Force Majeure - Force Majeure shall include, but not be limited to, hostility, revolution, civil
commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law,
proclamation, regulation, or ordinance or other act of government, or any act of God or any
cause whether of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Agreement is beyond the control and without the fault or
negligence of the party seeking relief under this Agreement.
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Law - Said phrase shall include statutes, codes, rules, and regulations of whatsoever type
or nature enacted or adopted by a governmental entity of competent jurisdiction.
Pari Materia - of the same matter; on the same subject. Laws pari materia must be
construed with reference to each other/together when related to the same matter or
subject. The provisions of a contract/agreement are to be construed together with no
isolated construction of a particular provision such that it would defeat the overall intent of
the contract/agreement.
Submittals - Any item required by this agreement that the Contractor must provide the
City either for inclusion as part of this agreement or not.
Type of Service - Concrete construction services of a professional nature in accordance
with the controlling provisions of law,
Work Order - A detailed description of quantities, services, and a completion schedule
provided issued by the City on it's approved form which, on occasion, may contain
documents published on Contractor letterhead describing all work associated with the
service to be provided by the Contractor to the City for an agreed price referencing this
Agreement by title and date.
SECTION 2: CAPTIONS.
The Section headings and captions of this Agreement are for convenience and reference
only and in no way define, limit, describe the scope or intent of this Agreement or any part
thereof, or in any way affect this Agreement or construe any provision of this Agreement.
SECTION 3: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT.
(a). This Agreement, together with the Exhibits, constitute the entire integrated
Agreement between the City and the Contractor and supersedes all prior written or oral
understandings in connection therewith. This Agreement, and all the terms and provisions
contained herein, including without limitation the Exhibits attached, constitute the full and
complete agreement between the parties hereto to the date hereof, and supersedes and
controls over any and all prior agreements, understandings, representations,
correspondence, and statements, whether written or oral.
(b). This Agreement may only be amended, supplemented, or modified by a formal
written amendment.
(c). Any alterations, amendments, deletions, or waivers of the provISions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
(d). The Exhibits made part of this Agreement are as follows:
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Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Description of Services
Project Status Report
Professional Hourly Rates and Fees
Certificate of Liability Insurance
SECTION 4: NO GENERAL CITY OBLIGATION.
(a). In no event shall any obligation of the City under this Agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of
the City or a general obligation or indebtedness of the City within the meaning of the
Constitution of the State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
(b). The Contractor shall not have the right to compel the exercise of the ad valorem
taxing power of the City.
SECTION 5: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED.
(a). Execution of this Agreement by the Contractor is a representation that the
Contractor is familiar with local conditions and with the services to be performed. The
Contractor shall make no claim for additional time or money based upon its failure to
comply with this Agreement. The Contractor has informed the City, and hereby represents
to the City, that it has extensive experience in performing and providing the services and/or
goods described in this Agreement and to be identified in the Work Orders, and that it is
well acquainted with the components that are properly and customarily included within such
projects and the requirements of laws, ordinances, rules, regulations, or orders of any
public authority or licensing entity having jurisdiction over City Projects. Execution of a
Work Order shall be an affirmative and irrefutable representation by the Contractor to the
City that the Contractor is fully familiar with any and all requisite work conditions of the
provisions of the services.
(b). The recitals herein are true and correct and form and constitute a material part of
this Agreement upon which the parties have relied.
(c). It is agreed that nothing herein contained is intended or should be construed as in
any manner creating or establishing a relationship of co-partners between the parties, or as
constituting the Contractor (including, but not limited to, its officers, employees, and
agents) the agent, representative, or employee of the City for any purpose, or in any
manner, whatsoever. The Contractor is to be and shall remain forever an independent
Contractor with respect to all services performed under this Agreement.
(d). Persons employed by the Contractor in the provision and performance of the
services and functions pursuant to this Agreement shall have no claim to pension, workers'
compensation, unemployment compensation, civil service or other employee rights or
privileges granted to the City's officers and employees either by operation of law or by the
City.
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SECTION 6: GENERAL PROVISIONS.
(a). Each party hereto represents to the other that it has undertaken all necessary
actions to execute this Agreement, and that it has the legal authority to enter into this
Agreement, and to undertake all obligations imposed on it. The person(s) executing this
Agreement for the Contractor certifies/certify that he/she/they is/are authorized to bind the
Contractor fully to the terms of this Agreement.
(b). This Agreement is for services pertaining to concrete construction services needed
for the City's operations as set forth herein and as otherwise directed by the City to include
all labor and materials that may be required.
(c). The Contractor acknowledges that the City may retain other Contractor to provide
the same types of services for City projects. The City reserves the right to select which
Contractor shall provide services for City projects.
(d). The Contractor acknowledges that the City has retained other Contractors and the
coordination between said Contractors and the Contractor may be necessary from time to
time for the successful completion of each Work Order. The Contractor agrees to provide
such coordination as necessary within the Scope of Services as contained in Section 12;
Description of Services.
(e). The Contractor agrees to provide and ensure coordination between goods / services
providers.
(f). Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work Order. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement and each Work Order.
(g). Contractor shall maintain an adequate and competent staff or professionally
qualified persons throughout the performance of this Agreement to ensure acceptable and
timely completion of each Work Order.
(h). Requirements for signing and sealing plans, reports, and documents prepared by
the Contractor shall be governed by the laws and regulations of Seminole County and
State Regulatory agencies.
(i). The Contractor hereby guarantees the City that all material, supplies, services, and
equipment as listed on a Purchase Order meet the requirements, specifications, and
standards as provided for under the Federal Occupations Safety and Health Act of 1970,
from time to time amended and in force on the date hereof.
0). No claim for services furnished by the Contractor not specifically provided for herein
shall be honored by the City.
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SECTION 7: CODES AND DESIGN STANDARDS.
(a). All the services to be provided or performed by the Contractor shall in the minimum
be in conformance with commonly accepted industry and professional codes and
standards, standards of the City, and the laws of any Federal, State, or local regulatory
agencies.
(b). The Contractor shall be responsible for keeping apprised of any changing laws
applicable to the services to be performed under this Agreement.
SECTION 8: SUBCONTRACTORS.
(a). Any Contractor proposed subContractor 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.
(b). The Contractor shall coordinate the provision of services and work product of any
City approved subContractor and remain fully responsible for such services and work under
the terms of this Agreement.
(c). Any subcontract shall be in writing and shall incorporate this Agreement and require
the subcontractors to assume performance of the Contractor duties commensurately with
the Contractor's duties to the City under this Agreement, it being understood that nothing
herein shall in any way relieve the Contractor from any of its duties under this Agreement.
The Contractor shall provide the City with executed copies of all subcontracts.
SECTION 9: ASSIGNABILITY.
The Contractor shall not sublet, assign, or transfer any interest in this Agreement, or claims
for the money due or to become due out of this Agreement to a bank, trust company, or
other financial institution without written City approval. When approved by the City, written
notice of such assignment or transfer shall be furnished promptly to the City.
SECTION 10: COMMENCEMENT / IMPLEMENTATION SCHEDULE OF AGREEMENT.
(a). The Contractor shall commence the provision of services as described in this
Agreement immediately upon execution of this Agreement.
(b). The Contractor and the City agree to make every effort to adhere to the schedules
established for the various Work Orders as described in each Work Order. However, if the
Contractor is delayed at any time in the provision of services by any act or omission of the
City, or of any employee of the City, or by any other Contractor employed by the City, or by
changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation,
unavoidable casualties, or any other causes of Force Majeure not resulting from the
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inactions or actions of the Contractor and beyond the Contractor's control which would not
reasonably be expected to occur in connection with or during performance or provision of
the services, or by delay authorized by the City pending a decision, or by any cause which
the City shall decide to justify the delay, the time of completion shall be extended for such
reasonable time as the City may decide in its sole and absolute discretion. It is further
expressly understood and agreed that the Contractor shall not be entitled to any damages
or compensation, or be reimbursed for any losses on account of any delay or delays
resulting from any of the aforesaid causes or any other cause whatsoever.
SECTION 11: LENGTH OF AGREEMENT.
(a). The term of this Agreement is one (1) year commencing on the date of full execution
of this Agreement by the parties.
(b). The Contractor services shall begin upon written notification to proceed by the City.
(c). Contractor services shall be on a work order basis and may include matters such
as serving as an expert witness.
(d). Subsequent to the conclusion of the initial one (1) year term, this Agreement shall
automatically be renewed each year for total of an additional two (2) years. Should the City
wish to not have this Agreement automatically renewed for any year, the City shall provide
written notice to the Contractor ninety (90) days prior to the automatic renewal.
SECTION 12: DESCRIPTION OF SERVICES.
(a). The Contractor agrees to perform concrete construction services for the City relating
to various projects of the City. The Description of Services is further and more specifically
outlined in Exhibit A.
(b). The Contractor shall diligently and in a professional and timely manner perform and
provide the services outlined herein or as included in each subsequently entered Work
Order. Unless modified in writing by the parties hereto, the duties of the Contractor shall
not be construed to exceed the provision of the services pertaining to this Agreement.
(c). The City and Contractor agree that there may be certain additional services required
to be performed by the Contractor during the performance of the Work Orders that can not
be defined sufficiently at the time of execution of this Agreement. Such services shall be
authorized in writing as a Change Order in accordance with Section 21. The Work Orders
may contain addititonal instructions or provide specifications upon certain aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental instructions or
provisions shall not be construed as a modification of this Agreement.
SECTION 13: CONTRACTOR RESPONSIBILITIES.
(a). The Contractor shall be responsible for the professional quality, accepted standards,
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technical accuracy and the coordination of all services furnished by the Contractor under
this Agreement as well as the conduct of its staff, personnel, employees, and agents. The
Contractor shall work closely with the City on all aspects of the provision of the services.
With respect to services, the Contractor shall be responsible for the 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 plans, analysis, data, reports, designs, drawings, specifications, and any
and all other services of whatever type or nature.
(b). The Contractor shall furnish a Contractor Designated Representative to administer,
review, and coordinate the provision of services under this Agreement and each Work
Order.
(c). Neither City review, approval, or acceptance of, nor payment for, any of the services
required under this Agreement shall be construed to operate as a waiver of any rights or of
any cause of action arising out of the performance of this Agreement. The Contractor shall
be and shall remain liable to the City in accordance with applicable law for all damages to
the City caused by the Contractor's negligent or improper performance orfailure to perform
any of the services furnished under this Agreement.
(d). The rights and remedies ofthe Contractor, provided for under this Agreement, are in
addition to any other rights and remedies provided by law.
(e). In the event the Contractor fails to comply with the terms and conditions of this
Agreement, the City shall notify the Contractor's Designated Representative in writing so
that the Contractor may take remedial action.
(f). Time is of the essence in the performance of all services provided by the Contractor
under the terms of this Agreement and each and every Work Order.
SECTION 14: CITY RIGHTS AND RESPONSIBILITIES.
(a). The City shall reasonably cooperate with the Contractor in a timely fashion at no
cost to the Contractor as set forth in this Section.
(b). The City shall furnish a City Designated Representative to administer, review, and
coordinate the provision of services under each Work Order.
(c). The City shall make City personnel available where, in the City's opinion, they are
required and necessary to assist the Contractor. The availability and necessity of said
personnel to assist the Contractor shall be determined solely at the discretion of the City.
(d). The City shall furnish the Contractor with exisitng data, records, maps, plans,
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specifications, reports, fiscal data, and other engineering information that is available in the
City's files that is necessary or useful to the Contractor for the performance of the Work.
All such documents conveyed by the City shall be, and remain the property of, the City and
shall be returned to the City upon completion of the Work to be performed by the
Contractor.
(e). The City shall examine all Contractor reports, sketches, drawing, estimates,
proposals, and other documents presented to the City and indicate the City's approval or
disapproval within a reasonable time so as not to materially delay the provisions of the
services of the Contractor.
(f). The City shall provide access to and make provisions for the Contractor to enter
upon public and private lands as required for the Contractor within a reasonable time to
perform work as necessary to complete the Work Order.
(g). The City shall transmit instructions, relevant information, and provide interpretation
and definition of City policies and decisions with respect to any and all materials and other
matters pertinent to the services covered by this Agreement.
(h). The City shall give written notice to the Contractor whenever the City designated
representative knows of a development that affects the services provided and performed
under this Agreement, timing of the Contractor's provision of services, or a defect or
change necessary in the services of the Contractor.
(i). The rights and remedies of the City provided for under this Agreement are in
addition to any other rights and remedies provided by law; the City may assert its right of
recovery by any appropriate means including, but not limited to, set-off, suit, withholding,
recoupment, or counterclaim, either during or after performance of this Agreement.
0). The City shall be entitled to recover any and all legal costs including, but not limited
to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in
the enforcement of the terms and conditions of this Agreement or the responsibilities of the
Contractor in carrying out the duties and responsibilities deriving from this Agreement.
(k). The failure of the City to insist in any instance upon the strict performance of any
provision of this Agreement, or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision or right
and the same shall continue in force.
(I). Neither the City's review, approval or acceptance of, nor payment for, any of the
services required shall be construed to operate as a waiver of any rights under this
Agreement nor or any cause of action arising out of the performance of this Agreement and
the Contractor shall be and always remain liable to the City in accordance with applicable
law for any and all damages to the City caused by the Contractor's negligent or wrongful
provision or performance of any of the services furnished under this Agreement.
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(m). All deliverable analysis, reference data, survey data, plans and reports, or any other
form of written instrument or document that may result from the Consutant's services or
have been created during the course of the Contractor's performance under this
Agreement shall become the property of the City after final payment is made to the
Contractor.
(n). In the event the City fails to comply with the terms and conditions of this Agreement,
the Contractor shall notify the City's Designated Representative in writing so that the City
may take remedial action.
SECTION 15: WAIVER.
The failure of the City to insist in any instance upon the strict performance of any provision
of this Agreement, or to exercise any right or privilege granted to the City hereunder, shall
not constitute or be cpnstrued as a waiver of any such provision or right and the same shall
continue in force.
SECTION 16: FORCE MAJEURE.
Neither party shall be considered in default in performance of its obligations hereunder to
the extent that performance of such obligations, or any of them, is delayed or prevented by
Force Majeure.
SECTION 17: STANDARDS OF CONDUCT.
(a). The Contractor warrants that it has not employed or retained any company or
person, other than a Bona Fide employee working solely for the Contractor, to solicit or
secure this Agreement and that the Contractor has not paid or agreed to pay any person,
company, corporation, individual, or firm other than a Bona Fide employee working solely
for the Contractor, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award of making this Agreement.
(b). If the City determines that any employee or representative of the Contractor is not
satisfactorily performing his or her assigned duties or is demonstrating improper conduct
pursuant to any assignment or work performed under this Agreement, the City shall so
notify the Contractor, in writing. The Contractor shall immediately remove such employee
or representative of the Contractor from such assignment.
(c). The Contractor hereby certifies (in writing) that no undisclosed conflict of interest
exists with respect to the Agreement, including, but not limited to, any conflicts that may be
due to representation of other clients, customers or vendees, other contractual
relationships of the Contractor, or any interest in property that the Contractor may have.
The Contractor further certifies that any conflict of interest that arises during the term of this
Agreement shall be immediately disclosed in writing to the City. Violation of this Section
shall be considered as justification for immediate termination of this Agreement.
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(d). The Contractor shall not engage in any action that would create a conflict of interest
for any City employee or other person during the course of performance of, or otherwise
related to, this Agreement or which would violate or cause others to violate the provisions
of Part III, Chapter 112, Florida Statutes, relating to ethics in government.
( e). The City shall 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 (lNA)]. 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.
(f). The Contractor shall comply with the requirements of the Americans with Disabilities
Act (ADA), and any and all related Federal or State laws which prohibits discrimination by
public and private entities on the basis of disability.
(g). The Contractor shall not discriminate on the grounds of race, color, religion, sex, or
national origin in the performance of work under this Agreement or violate any laws
pertaining to civil rights, equal protection, or discrimination.
(h). If the Contractor or an affiliate is placed on a discriminatory vendor list, such action
may result in termination by the City. The Contractor shall certify, upon request by the City
that it is qualified to submit a bid under Section 287.134, Discrimination, (2) (c), Florida
Statutes.
(i). If the Contractor or an affiliate is placed on the convicted vendor list following a
conviction for a public entity crime, such action may result in termination by the City. The
Contractor shall certify, upon request by the City, that is qualified to submit a bid under
Section 287.133, Public Entity Crime, (2)(a), Florida Statutes.
0). The Contractor shall certify, upon request by the City, that the Contractor maintains
a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure
to submit this certification may result in termination.
(k). The Contractor agrees to comply with Federal, State, and local environmental,
health, and safety laws and regulations applicable to the services provided to the City. The
Contractor agrees that any program or initiative involving the work that could adversely
affect any personnel involved, citizens, residents, users, neighbors or the surrounding
environment shall ensure compliance with any and all employment safety, environmental
and health laws.
(I). If applicable, in accordance with Section 216.347, Florida Statutes, the Contractor
shall not use funds provided by this Agreement forthe purpose of lobbying the Legislature,
the Judicial Branch, or State Agency.
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(m). The Contractor shall not publish any documents or release information regarding
this Agreement to the media without prior approval of the City.
(n). The Contractor shall ensure that all services are provided to the City after the
Contractor has obtained, at its sole and exclusive expense, any and all permits, licenses,
permissions, approvals or similar consents.
(0). 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.
SECTION 18: NOTICES.
(a). Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place for
giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Section.
(b). For the present, the parties designate the following as the representative places for
giving of notice, to-wit:
(1). For the City:
Robert P. Yehl
City Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407-302-9413
(2). For the Contractor:
Core Construction Group, Inc.
Syed I. Haider, President
1126 Division Avenue, Suite C
Orlando, Florida 32805
Telephone Number: 407-428-9566
(c). Written notice requirements of this Agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies hereunder. The
Contractor agrees not to claim any waiver by City of such notice requirements based upon
City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or
any other grounds as a substitute for the failure of the Contractor to comply with the
express written notice requirements herein. Computer notification (e-mails and message
boards) shall not constitute proper written notice under the terms of the Agreement.
Concrete Construction and Repair Agreement
Page No. 13
SECTION 19: DESIGNATED REPRESENTATIVES.
(a). The City Manager, or his designated representative, represents the City in all
matters pertaining to and arising from the work and the performance of this Agreement.
(b). The City Manager or his designated representative shall have the following
responsibilities:
(1). Examination of all work and rendering, in writing, decisions indicating the
City's approval or disapproval within a reasonable time so as not to materially delay the
work of the Contractor;
(2). Transmission of instructions, receipt of information, and interpretation and
definition of City's policies and decisions with respect to design, materials, and other
matters pertinent to the work covered by this Agreement;
(3). Giving prompt written notice to the Contractor whenever the City knows of a
defect or change necessary in the project; and
(c). Until further written notice, the City's Designated Representative forthis Agreement
is:
Mr. F. William Smith
Purchasing Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407-330-5613
(d). Prior to start of any work under this Agreement, the Contractor shall submit to the
City detailed resumes of key professional personnel that will be involved in performing
services described in the work. The City hereby acknowledges its acceptance of such
personnel to perform services under this Agreement. At any time hereafter that the
Contractor desires to change key professional personnel in an active assignment, it shall
submit the qualifications of the new professional personnel to the City for prior approval.
Key professional personnel shall include the principal-in-charge, project managers, and
others interfacing with City personnel.
(e). Until further written notice, the Contractor's Designated Representative for this
Agreement is: ~
H 1\1'0 C R...
Syed I. Hjaid8~, President
Core Construction Group, Inc.
1126 Division Avenue, Suite C
Orlando, FL 32805
Telephone Number: 407-428-9566
Concrete Construction and Repair Agreement
Page No. 14
SECTION 20: WORK ORDERS.
(a). The provision of services to be performed under this Agreement may commence
immediately upon the execution of this Agreement or a Work Order as directed and
determined by the City. Services to be provided by the Contractor to the City shall be
negotiated between the Contractor and the City. Each Work Order shall reference this
agreement by title and date, include a detailed description of quantities, services, and a
completion schedule, and will be provided on Contractor letterhead. Services described in
said Work Order will commence upon the issuance of a City Notice-To-Proceed.
(b). If the services required to be performed by a Work Order is clearly defined, the
Work Order shall be issued on a "Fixed Fee" basis. The Contractor shall perform all
services required by the Work Order but in no event shall the Contractor be paid more than
the negotiated Fixed Fee amount stated therein.
(c). The Contractor and the City agree to make every effort to adhere to the schedule
established for the various Work Orders described in the Work Order.
(d). If the services are not clearly defined, the Work Order may be issued on a "Time
Basis Method" and contain a Not-to-Exceed amount. If a Not-to-Exceed amount is
provided, the Contractor shall perform all work required by the Work Order; but in no event
shall the Contractor be paid more than the Not-to-Exceed amount specified in the
applicable Work Order.
(e). For Work Orders issued on a "Fixed Fee Basis," the Contractor may invoice the
amount due based on the percentage oftotal Work Order services actually performed and
completed; but in no event shall the invoice amount exceed a percentage of the Fixed Fee
amount equal to a percentage of the total services actually completed.
(f). For Work Orders issued on a "Time Basis Method" with a Not-to-Exceed amount,
the Contractor may invoice the amount due for actual work hours performed; but in no
event shall the invoice amount exceed a percentage of the Not-to-Exceed amount equal to
a percentage of the total services actually completed.
(g). Each Work Order issued on a "Fixed Fee Basis" or ''Time Basis Method" with a Not-
to-Exceed amount shall be treated separately for retainage purposes. If the City
determines that work is substantially complete and the amount retained, if any, is
considered to be in excess, the City may, at its sole and absolute discretion, release the
retainage or any portion thereof.
(h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount, the Contractor may invoice the amount due for services actually performed and
completed. The City shall pay the Contractor one hundred percent (100%) of the approved
amount on Work Orders issued on a ''Time Basis Method" with a Limitation of Funds
amount.
Concrete Construction and Repair Agreement
Page No. 15
SECTION 21: CHANGE ORDERS.
(a). The City may revise the Description of Services set forth in any particular Work
Order.
(b). Revisions to any Work Order shall be authorized in writing by the City as a Change
Order. Each Change Order shall include a schedule of completion for the services
authorized. Change Orders shall identify this Agreement and the appropriate Work Order
number. The Change Orders may contain additional instructions or provisions specific
upon certain aspects of this Agreement pertinent to the services to be provided. Such
supplemental instructions or provisions shall not be construed as a modification of this
Agreement. An Agreement between the parties on and execution of any Change Order
shall constitute a final settlement and a full accord and satisfaction of all matters relating to
the change and to the impact of the change on unchanged goods and/or work, including all
direct and indirect costs of whatever nature, and all adjustments to the Contractor
schedule.
(c). If instructed by the City, the Contractor shall change or revise work that has been
performed, and if such work is not required as a result of error, omission or negligence of
the Contractor, the Contractor may be entitled to additional compensation. The Contractor
must submit for City approval a revised proposal with a revised fee quotation. Additional
compensation, if any, shall be agreed upon before commencement of any such additional
work and shall be incorporated into the work by Change Order to the Work Order.
SECTION 22: COMPENSATION.
(a). Compensation to the Contractor for the services performed on each Work Order
shall be as set forth the Work Order/Change Order or as set forth in Exhibit C which
enumerates hourly rates and other charges of the Contractor. The initial fee for the subject
Project shall be as subsequently negotiated by the parties.
(b). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc.
and other items not directly attritbutable to items produced for each Work Order.
(c). Work performed by the Contractor without written approval by the City's Designated
Representative shall not be compensated. Any work performed by the Contractor without
approval by the City is performed at the Contractor's own election.
(d). In the event the City fails to provide compensation under the terms and conditions of
this Agreement, the Contractor shall notify the City's Designated Representative in order
that the City may take remedial action.
(e). Pricing has been calculated based on the current prices for the goods and/or
services that are the subject of the ITB. However, the market for the goods and/or services
that pertain to this ITB may be volatile on the basis of fuel costs and sudden and
substantial price increases could occur. The CONTRACTOR agrees to use its best efforts
Concrete Construction and Repair Agreement
Page No. 16
to obtain the lowest possible prices from fuel suppliers, but should there be a substantial
and prejudicial increase in fuel prices for fuel that is purchased after execution of this
Agreement which fuel prices directly and materially relate to the pricing of the goods and/or
services provided for in this Agreement, the CITY agrees, upon written request from the
CONTRACTOR, to consider a reasonable adjustment to the prices set forth in this
Agreement based upon the following index: Engineering News Record, Construction Cost
Index, etc.. Any claim by the CONTRACTOR for a price increase, as provided above, shall
state, with specificity, the increased cost, the product in question, and the source of supply,
and shall be supported by invoices or bills of sale and such other information as may be
required by the CITY. Only one (1) such request from the CONTRACTOR will be
considered in each calendar year period. The decision of the CITY shall be final and non-
appealable
SECTION 23: INVOICE PROCESS.
(a). Payments shall be made by the City to the Contractor when requested as work
progresses for services furnished, but not more than once monthly. Each Work Order shall
be invoiced separately. The Contractor shall render to the City, at the close of each
calendar month, an itemized invoice properly dated, describing all services rendered as
Exhibit B, the Project Status Report Form, the cost of the services, the name and address
of the Contractor, Work Order Number, Contract Number and all other information required
by this Agreement.
(b). Invoices which are in an acceptable form to the City and without disputable items will
be processed for payment within thirty days of receipt by the City.
(c). The Contractor will be notified of any disputable items contained In Invoices
submitted by the Contractor within fifteen days of receipt by the City with an explanation of
the deficiencies.
(d). The City and the Contractor will make every effort to resolve all disputable items
contained in the Contractor's invoices.
(e). Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, the billing period, and include the Project Status Report for the
period being billed. A Project Status Report form is attached as Exhibit B.
(f). The F/orida Prompt Payment Act shall apply when applicable.
(g). Invoices are to be forwarded directly to:
Finance Director
City Hall
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Concrete Construction and Repair Agreement
Page No. 17
SECTION 24: TERMINATION OF AGREEMENT.
(a). The City may terminate this Agreement or any Work Order for convenience at any
time for one or more of the reasons as follows:
(1). If, in the City's opinion, adequate progress under a Work Order is not being
made by the Contractor; or
(2). If, in the City's opinion, the quality of the services provided by the Contractor
is/are not in conformance with commonly accepted professional standards, standards of
the City, the requirements of Federal or State regulatory agencies, and the Contractor has
not corrected such deficiencies in a timely manner as reasonably determined by the City;
or
(3). The Contractor or any employee or agent of the Contractor is indicted or has
a direct charge issued against him for any crime arising out of or in conjunction with any
work that has been performed by the Contractor; or
(4). The Contractor becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of creditors; or
(5). The Contractor violates the Standards of Conduct provisions herein or any
provision of State or local law or any provision of the City Code of Conduct.
(b). In the event of any of the causes described in this Section, the City's Designated
Representative may send a certified letter requesting that the Contractor show cause why
the Agreement or any Work Order should not be terminated. If assurance satisfactory to
the City of corrective measures to be made within a reasonable time is not given to the City
within fourteen calendar days of the receipt of the letter, the City may consider the
Contractor to be in default, and may immediately terminate this Agreement or any Work
Order in progress under this Agreement.
(c). In the event that this Agreement or a Work Order is terminated for cause and it is
later determined that the cause does not exist, then this Agreement or the Work Order
shall be deemed terminated for convenience by the City and the City shall have the right to
so terminate this Agreement without any recourse by the Contractor.
SECTION 25: TERMINATION BY CONTRACTOR FOR CAUSE.
(a). The Contractor may terminate this Agreement if:
(1 ). The City materially fails to meet its obligations and responsibilities as
contained in Section 14; City Rights and Responsibilities; or
(2). The City fails to pay the Contractor in accordance with this Agreement.
Concrete Construction and Repair Agreement
Page No. 18
(b). In the event of either of the causes described in Subsection (a), the Contractor shall
send a certified letter requesting that the City show cause why the Agreement should not
be terminated. If adequate assurances are not given to the Contractor within fourteen
calendar days of the receipt of said show cause notice, the Contractor may consider the
City to be in default, and may immediately terminate this Agreement.
SECTION 26: TERMINATION BY THE CITY WITHOUT CAUSE.
(a). Notwithstanding any other provision of this Agreement, the City shall have the right
at any time to terminate this Agreement in its entirely without cause, or terminate any
specific Work Order without cause, if such termination is deemed by the City to be in the
public interest, provided that thirty calendar days prior written notice is given to the
Contractor of the City's intent to terminate.
(b). In the event that this Agreement is terminated, the City shall identify any specific
Work Order(s) being terminated and the specific Work Order(s) to be continued to
completion pursuant to the provisions of this Agreement.
(c). This Agreement will remain in full force and effect as to all authorized Work Order(s)
that is/are to be continued to completion.
SECTION 27: PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Work Order is terminated or canceled prior to final
completion payment for the unpaid portion of the services provided by the Contractor to the
date of termination and any additional services shall be paid to the Contractor.
SECTION 28: ACTION FOLLOWING TERMINATION.
Upon receipt of notice of termination, given by either party, the terminated party shall
promptly discontinue the provision of all services, unless the notice provides otherwise.
SECTION 29: SUSPENSION.
(a). The performance or provision of the Contractor services under any Work Order
under this Agreement may be suspended by the City at any time.
(b). In the event the City suspends the performance or provision of the Contractor's
services hereunder, the City shall so notify the Contractor in writing. Such suspension
becoming effective upon the date stated in the notice. The City shall pay to the Contractor
within thirty days all compensation which has become due to and payable to the Contractor
to the effective date of such suspension. The City shall thereafter have no further
obligation for payment to the Contractor for the suspended provision of services unless and
until the City's designated representative notifies the Contractor in writing that the provision
of the services of the Contractor called for hereunder are to be resumed by the Contractor.
Concrete Construction and Repair Agreement
Page No. 19
(c). Upon receipt of written notice from the City that the Contractor's provision of
services hereunder are to be resumed, the Contractor shall continue to provide the
services to the City.
SECTION 30: ALTERNATIVE DISPUTE RESOLUTION (ADR).
(a) In the event of a dispute related to any performance or payment obligation arising
under this Agreement, the parties agree to exhaust any alternative dispute resolution
procedures reasonably imposed by the City prior to filing suit or otherwise pursuing legal
remedies.
(b) The Contractor agrees that it will file no suit or otherwise pursue legal remedies
based on facts or evidentiary materials that were not presented for consideration to the City
in alternative dispute resolution procedures or which the Contractor had knowledge and
failed to present during the City procedures.
(c). In the event that City procedures are exhausted and a suit is filed or legal remedies
are otherwise pursued, the parties shall exercise best efforts to resolve disputes through
voluntary mediation. Mediator selection and the procedures to be employed in voluntary
mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall
be shared equally among the parties participating in the mediation.
SECTION 31: SEVERABILITY.
(a). If any term, provision or condition contained in this Agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this Agreement, or the application of
such term, provision or condition to persons or circumstances other than those in respect
of which it is invalid or unenforceable, shall not be affected thereby, and each term,
provision, and condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law when consistent with equity and the public interest.
(b). All provisions of this Agreement shall be read and applied in Pari Materia with all
other provisions hereof.
(c). Violation of this Agreement by the Contractor is recognized by the parties to
constitute irreparable harm to the City.
SECTION 32: CONTROLLING LAWSNENUE / INTERPRETATION.
(a). This Agreement is to be governed by the laws of the State of Florida.
(b). Venue for any legal proceeding related to this Agreement shall be in the Eighteenth
Judicial Circuit Court in and for Seminole County, Florida.
Concrete Construction and Repair Agreement
Page No. 20
(c). This Agreement is the result of bona fide arms length negotiations between the City
and the Contractor and all parties have contributed substantially and materially to the
preparation of the Contract. Accordingly, this Agreement shall not be construed or
interpreted more strictly against anyone party than against any other party.
SECTION 33: INDEMNITY.
(a). To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless,
and defend the City, its agents, servants, officers, officials, and employees, or any of them,
from and against any and all claims, damages, losses, and expenses including, but not
limited to, attorneys fees and other legal costs such as those for paralegal, investigative,
and legal support services, and the actual costs incurred for expert witness testimony
arising out of or resulting from the performance or provision of services required under this
Agreement, provided that same is caused in whole or part by the error, omission, negligent
act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the Contractor, its
agents, servants, officers, officials, employees, or subcontractors.
(b). In accordance with Section 725.06, Florida Statutes, adequate consideration has
been provided to the Contractor for this obligation, the receipt and sufficiency of which is
hereby specifically acknowledged.
(c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the
City as set forth in Section 768.28, F/orida Statutes.
(d). In claims against any person or entity indemnified under this Section by an
employee of the Contractor or its agents or subcontractors, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, the indemnification
obligation under this Section shall not be limited by a limitation on amount or type of
damages, compensation, or benefits payable by or for the Contractor or its agents or
subcontractors, under Workers Compensation acts, disability benefits acts, or other
employee benefit acts.
(e). The execution of this Agreement by the Contractor shall obligate the Contractor to
comply with the indemnification provision in this Agreement; however, the Contractor must
also comply with the provisions of this Agreement relating to insurance coverages.
SECTION 34: INSURANCE.
(a). The Contractor shall obtain or possess and continuously maintain the following
insurance coverage, from a company or companies, with a Best Rating of A- or better,
authorized to do business in the State of Florida and in a form acceptable to the City and
with only such terms and conditions as may be acceptable to the City:
(1). Workers Compensation/Employer Liability: The Contractor shall provide
Worker Compensation insurance for all employees engaged in the work under this
Concrete Construction and Repair Agreement
Page No. 21
Agreement in accordance with the laws of the State of Florida. Employers' Liability
Insurance at limits not less than the following:
$100,000 Each Accident
$100,000 Disease Each Employee
$500,000 Disease Aggregate
(2). Comprehensive General Liability: The Contractor shall provide coverage for
all operations including, but not limited to, contractual, independent Contractor, products
and complete operations and personal injury with limits not less than the following:
$1,000,000 Bodily Injury & Property Damage - each occurrence
$1,000,000 Personal & Advertising Injury - each occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregates limit
$ 5,000 Medical Payments
$ 100,000 Fire Damage Legal Liability
(3). Comprehensive Business Automobile Liability: The Contractor shall provide
complete coverage with a combined single limit of not less than $1,000,000 Bodily Injury
and Property Damage in accordance with the laws of the State of Florida, as to the
ownership, maintenance, and use of all owned, non-owned, leased or hired vehicles.
(4). Professional Liability: The Contractor shall provide professional liability
insurance as well as errors and omission insurance in a minimum amount of $1 ,000,000
CSL or its equivalent, with a combined single limit of not less than $1,000,000, protecting
the Contractor against claims of the City for negligence, errors, mistakes, or omissions in
the performance of services to be performed and furnished by the Contractor.
(5) Other Required Insurance Coveraqe: Where unusual operations are
necessary to complete the work, such as Longshoremen and Harbor Workers' Exposures,
use of aircraft or watercraft, use of explosives, and any high risk circumstances. No
aircraft, watercraft or explosives shall be used without the express advance written
approval of the City which may, thereupon, required additional insurance coverages.
(b). All insurance other than Workers Compensation and Professional Liability that must
be maintained by the Contractor shall specifically include the City as an additional insured.
All insurance minimum coverages extend to any subContractor, and the Contractor shall
be responsible for all subcontractors.
(c). The Contractor shall provide Certificates of Insurance to the City evidencing that all
such insurance is in effect prior to the issuance of the first Work Order under this
Agreement. These Certificates of Insurance shall become part of this Agreement. Neither
approval by the City nor failure to disapprove the insurance furnished by a Contractor shall
relieve the Contractor of the Contractor's full responsibility for performance of any
obligation including the Contractor's indemnification of the City under this Agreement. If,
Concrete Construction and Repair Agreement
Page No. 22
during the period which an insurance company is providing the insurance coverage
required by this Agreement, an insurance company shall: (1) lose its Certificate of
Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain
the requisite Best's Rating and Financial Size Category, the Contractor shall, as soon as
the Contractor has knowledge of any such circumstance, immediately notify the City and
immediately replace the insurance coverage provided by the insurance company with a
different insurance company meeting the requirements of this Agreement. Until such time
as the Contractor has replaced the unacceptable insurer with an insurer acceptable to the
City, the Contractor shall be deemed to be in default of this Agreement.
(d). The insurance coverage shall contain a provision that requires that prior to any
changes in the coverage, except increases in aggregate coverage, thirty days prior notice
will be given to the City by submission of a new Certificate of Insurance.
(e). The Contractor shall provide Certificate of Insurance directly to the City's Designated
Representative. The certificates shall clearly indicate that the Contractor has obtained
insurance of the type, amount, and classification required by this Agreement.
(f). Nothing in this Agreement or any action relating to this Agreement shall be
construed as the City waiver of sovereign immunity beyond the limits set forth in Section
768.28, F/orida Statutes.
(g). The City shall not be obligated or liable under the terms of this Agreement to any
party other than the Contractor. There are no third party beneficiaries to this Agreement.
(h). The Contractor is an independent Contractor and not an agent, representative, or
employee of the City. The City shall have no liability except as specifically provided in this
Agreement.
(i). All insurance shall be primary to, and not contribute with, any insurance or self-
insurance maintained by the City.
SECTION 35: EQUAL OPPORTUNITY EMPLOYMENT/NON-DISCRIMINATION.
The Contractor agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age,
national origin, or disability and shall 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 payor 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.
Concrete Construction and Repair Agreement
Page No. 23
SECTION 36: ACCESS TO RECORDS/AUDIT/PUBLIC RECORDS.
(a). The Contractor shall maintain books, records, documents, time and costs accounts,
and other evidence directly related to its provision or performance of services under this
Agreement. All time records and cost data shall be maintained in accordance with
generally accepted accounting principles.
(b). The Contractor shall maintain and allow access to the records required under this
Section for a minimum period of five years after the completion of the provision or
performance services under this Agreement and date of final payment for said services, or
date of termination of this Agreement.
(c). The City reserves the right to unilaterally terminate this Agreement if the Contractor
refuses to allow public access to all documents, papers, letters, or other materials subject
to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or
received by the Contractor in conjunction, in any way, with this Agreement.
(d). The City may perform, or cause to have performed, an audit of the records of the
Contractor before or after final payment to support final payment under any Work Order
issued hereunder. This audit shall be performed at a time mutually agreeable to the
Contractor and the City subsequent to the close of the final fiscal period in which services
are provided or performed. Total compensation to the Contractor may be determined
subsequent to an audit as provided for in this Section, and the total compensation so
determined shall be used to calculate final payment to the Contractor. Conduct of this
audit shall not delay final payment as required by this Section.
(e). In addition to the above, if Federal, State, County, or other entity funds are used for
any services under this Agreement, the Comptroller General of the United States or the
Chief Financial Officer of the State of Florida, or the County of Seminole, or any
representative, shall have access to any books, documents, papers, and records of the
Contractor which are directly pertinent to services provided or performed under this
Agreement for purposes of making audit, examination, excerpts, and transcriptions.
(f). In the event of any audit or inspection conducted reveals any overpayment by the
City under the terms of the Agreement, the Contractor shall refund such overpayment to
the City within thirty days of notice by the City of the request for the refund.
(g). The Contractor agrees to fully comply with all State laws relating to public records.
(h). The Contractor agrees that if any litigation, claim, or audit is started before the
expiration of the record retention period established above, the records shall be retained
until all litigation, claims, or audit findings involving the records have been resolved and
final action taken.
Concrete Construction and Repair Agreement
Page No. 24
Concrete Construction and Repair Agreement
Page No. 25
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: the City through its City Council
taking action on the I y;- day of, TAAJI/tt-I2..X , 20o-7and the Contractor signing
by and through its duly authorized corporate officer having the full and complete authority
to execute sa
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.
SECTION 39: EXHIBITS.
This Agreement describes each item listed above in detail. All provided to the City must be
accurate and updated certifying the Contractor is proceeding correctly.
d) Conflict of Interest Statement; Section 17, Paragraph (c)
c) Certificates of insurance; Section 34, Paragraph (c)
b) Worker compensation insurance for all employees; Section 34, Paragraph (a) (1)
a) Description of Services; Section 12.
The following are items the Contractor must submit to the City as stated in this Agreement:
SECTION 38: SUBMITTALS.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
SECTION 37: COUNTERPARTS.
Concrete Construction and Repair Agreement
Page No. 26
Kenneth W. Mcintosh, Esquire
Assistant City Attorney
For the use and reliance of the City of
Sanford only. Approved as to form
and legal sufficiency.
Date: c9\.C1 .~
By: -t~_
Robertp. Yehl, ityManager
./l . ."...[., ~ ;;; . -J-
l.)htv /( . /. '/lrrU/[/v'f-
kJan Dougherty, City C rk.
CITY OF SANFORD
ATTEST:
Concrete Construction and Repair Agreement
Page No. 27
(9) Concrete mix designs will be submitted to the City for approval prior to use
on projects.
(8) Any and all damage to City and/or Private property, caused by the
Contractors work or negligent work thereof, shall be immediately cleaned
and/or repaired by the Contractor at the Contractors expense.
(7) Construction debris will not be allowed to accumulate and must be removed
daily. Contractor shall confine all work and equipment to within City ROW
and easements.
(6) All traffic control shall be in accordance with the latest edition of the Florida
Department of Transportation Roadway and Traffic Design Standards,
Section 600-660 and part VI of the MUTCD (Manual of Uniform Traffic
Control Devices).
(5) Proper safety devices shall be used to direct vehicular and pedestrian traffic
around and through construction areas at all times during the work.
(4) Contractor shall provide reasonable measures to maintain vehicular and
pedestrian access to businesses and residences at all times.
(3) Exact location of work shall be as directed by the City's designated
representative.
(2) Contractor shall provide all labor, equipment, tools, transportation, materials,
and other items necessary to completely remove and/or install the items
specified. This work shall include but not be limited to: excavation, clearing
and grubbing, disposal, root removal, backfill, compaction, forming, placing,
curing, finishing and jointing of concrete. Clean up and restoration of the
work area shall be included in the unit prices for each item. Sodding will be
bid as a separate unit price.
(1) All work and materials will conform to the latest edition of the FDOT Standard
Specifications for Road and Bridge Construction Sections 520, 522, 575 and
the FDOT Roadway and Traffic Design standards Index 300,310, and 515.
B. The specifications contained herein outline the basic requirements for the
removal/replacement and/or installation of concrete.
A. Intent: The proposed project consists of the construction of type F curb and gutter,
driveways, sidewalk and wheelchair ramps as part of the City's sidewalk and street
rehabilitation program.
EXHIBIT A
DESCRIPTION OF SERVICES
Concrete Construction and Repair Agreement
Page No. 28
Contractor will be compensated for sprinkler repairs and/or installations that are needed
due to new sidewalk, driveway, curb/gutter installations and/or relocations. In all cases a
City representative will make the determination whether repairs and/or replacement are
necessary and whether or not they will be compensated for. Compensation for approved
repairs/replacements will include cost of materials plus ten percent (10%) and the cost of
Contractors labor at the rate specified on the bid form. For all compensated sprinkler
system repairs, Contractor shall submit a cost estimate prior to performing the work.
Emergency repairs to prevent leaks on systems may be exempt from this requirement, but
the Contractor shall at a minimum verbally notify the designated City representative of
intentions prior to commencement.
(15) Sprinkler Systems: Contractor shall repair and/or replace, at their own
expense, all damage to grass/sod, landscaping or sprinkler systems as a
result of any work outside the designated work area. Repairs will be made
with materials equal to or better than existing.
(14) The City reserves the right to have independent tests performed on concrete
and other construction materials utilized at the Cities own expense. If
materials are found to be defective or unsatisfactory, the cost of testing will
be borne by the Contractor and will be deducted from payment due the
Contractor. Contractor shall be responsible for removal and replacement of
construction not meeting specifications.
(13) Vandalism affecting the appearance or integrity of the concrete will be
repaired and/or replaced at the contractor's expense. In all cases a City
representative will make the determination whether repairs and/or
replacement are necessary.
(12) All fill material shall be suitable material that is free of trash, wood, roots,
used concrete or other matter/material that would prevent sufficient
compaction or be detrimental to the stability of the concrete placed.
(11) Root Barrier: Contractor may be required to install a root barrier fabric
depending upon location of existing trees and the extent of interference
caused by them with new work. All root barrier (i.e. BioBarrier or pre-
approved equivalent) will be supplied by the City and shall be installed by the
contractor per the suppliers specifications. The use of root barrier will be
determined by a designated City representative prior to commencement of
construction.
(10) The City reserves the right to require the Contractor to field verify
slump/strength on any and all concrete placed. Defective or nonconforming
materials are subject to replacement at the expense of the Contractor.
Concrete Construction and Repair Agreement
Page No. 29
Date:
Project Manager Signature:
3. In paragraph form, list any pending issues or items of note.
2. In paragraph form, list all milestones reached this Billing Period.
1. In paragraph form, list the current status of the project and work completed this
Billing Period.
Planning D Design D Bidding D Construction D
Phase:
To:
Status Report Period; From:
Project Manager:
Project Name:
Exhibit B
Proiect Status Report
16
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
1.03 Miscellaneous Requirements and Affirmations
Bids shall be on the Bid Form.
3. To accomplish the work in accordance with the Contract Documents
and/or purchase order.
2. To enter into and execute a contract with the Owner, if awarded on the
basis of this Bid, and to furnish a Performance Bond and a Labor and
Material Payment Bond and specified insurance certificates of coverage
in accordance with the Instructions to Bidders.
2. By signing this document the BIDDER/OFFEROR hereby agrees to be
bound by the specifications, terms, conditions, scheduling, pricing and
representations as stated and submitted with this bid form. However, it is
understood that the City reserves the right to declare any bid or part(s)
thereof nonresponsive if exceptions to specifications, terms, conditions,
etc. of the solicitation are not acceptable in the opinion of the City to meet
the requirements of said solicitation.
1. To hold this Bid open for 60 calendar days after the bid opening date.
C. Agrees:
B. Has examined the site and all Bidding Documents and understands that in
submitting his Bid, he/she waives all right to plead any misunderstanding
regarding the same.
Dated
Dated
Dated
Dated
Number
Number
Number
Number
Addenda:
A. Acknowledge,~ receipt of:
1.02 The Undersigned:
(1) Title and Solicitation number of Bid/Proposal Name of Project as shown in the Invitation
(2) Name, address, and telephone number of Bidder
The following Bid, for the (1) CONCRETE-CONSTRUCTION AND REPAIR. IFB 06/07-1
, is hereby made to
The City of Sanford, Florida. This Bid is submitted by ill
C.O~ c.O,J~c=A4~ GQod\>1=r:r0C-.
1\:'2(0 ~ rnv'i'S'1or-J 'Ie.- tS-t-Q c.
niD D.-tV n I Co \ ?J d.J.?) O~
1.01 Description
PART1 GENERAL
BID FORM
SECTION 00410
Exhibit C, Rate Schedule From Bid IFB 06/07-1
17
This Form Must Be Completed and Returned with your Bid
IFB 06/07-1 Construction and Repair of Concrete Items
Open Date: November 10,2006
Open Time: 2:00 p.m.
IN LOWER LEFT CORNER OF ENVELOPE, PROVIDE THE FOLLOWING
William Smith, Purchasing Agent
City of Sanford
P.O. Box 1788 (300 N. Park Avenue, Room 236)
Sanford, FL 32772
ADDRESS OR DELIVER TO:
MARK THE EXTERIOR OF ENVELOPE CONTAINING YOUR BID RESPONSE:
YOUR COMPANY NAME & ADDRESS AS THE RETURN ADDRESS
I I Lr1 'OC;
~
ATTEST:
OO~~V&1a~
By (Signature)
B\O 11r ~
. \ t) \iLL '~CL .
Printed Name and Title
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Facsimile No.
Lt01-~4d~-q 6(0(0
Telephone No.
(CORPORATE SEAL)
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Zip Code
f\
State
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City
tA~ I NG
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(9ignature)'Y" / Dat--'
'VYC2..d \-i Qld0,K ,PP-ef)ld~+-
Printed Name and Title
\\ d~ ;). Vivit/f O"..J \\.'-((2. ~ (~
Business Address
1.04 SUBMITTED. signed and sealed this 'oT'l day of Nt? v. GWf /pg,L-
, '-1-c;o(p . ~--
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THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
21
FORM NO. DSPT 12.204
CONCRETE-CONSTRUCTION AND REPAIR,IFB 06/07-1
0'-\ 0..ct -t-\ C~~ d e.r, 'Vf:J ~ui d e.N+-
. Printed or Typed Name and Title
Ge.o~Q ~c.~
Firm
\\
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of
the project identified.
3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or
litigation in the past five (5) years that is related to the services your firm provides in the regular
course of business? NO If yes, the explanation must state the nature of the request for
equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or
status of suit and the monetary amounts or extended contract time involved.
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from
a contract or job related to the services your firm provides in the regular course of business within
the last five (5) years? -1!.Q.
1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended
by the Department of Professional Regulation or any other regulatory agency or professional
association within the last five (5) years? ~ 0
Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the
space provided, please add a page(s) if additional space is needed.
Disputes Disclosure Form
Drug-Free Work Place
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.
Id\OI'J G
Article II.
, c.. ~
~~~d
/
FORM NO. DFWP 14.204
CONCRETE-CONSTRUCTION AND REPAIR. IFB 06/07-1
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
22
Sedion 2.01 Florida Statutes On Public Entity Crimes
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to The City of Sanford
by ~ e.r! H ~ d eJ\ on behalf of CO~-' Gt'J 6--te.vC~1 Or0 b~.:.:INc. <
whose bu~iness address is: jJ d G 75. Ot vcr-;=,.:; ON A. VQ. 6-\e- C
C)?; \ cu''Jd 0 ~ I '3 ;:;2,c3(9 '5
I
and (if applicable) its Federal Employer Identification Number (FEIN) isSq - 3iJ31GJ. q (If the entity has
no FEIN, include the Social Security Number of the individual signing this statement: ).
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any bid or contract for goods or services, any lease for real
property, or any contract for the construction or repair of a public building or public work, involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 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. I understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
- 2. An entity under the control of any natural person who IS active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. 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
su{:ng this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, director, executives,
pa ners, 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
,..,....
~.J
- The entity submitting this sworn statement, or one of its officers, directors, executives, partners,
sh~~eholders, employees, members, or agents ~ho 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 INFO MATION CONTAINED IN THIS FORM.
.-:~
(signature)
IJ/lc>/~b
I (datt~)
--.::a
State of Florida
County of ,,/{ ~jv9' J2-
.-J;F' .
On this / ?'~ day of 'u(!>ver~t e'/L
Florida, personally appea~ d
:5
, 20 PC, before me, the undersigned Notary Public of the State of
and
(Name(s) of individuals who appeared before notary)
whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed
it.
WITNESS my hand
and official seal.
~/.~---==----
~>::<::-:7 ~;:::::~
/..... --
/'./ r--'-
NOTARY PUBLIC, STATE OF FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp, or Type as Commissioned.)
" '. ':.. : ...,,____.. ~nallY known to me, or
l~' ~~ WILLIAM M. MALONE - Produced identification:
tj ~ N(ili1IV Public. State of Florida
~ ~. 0 1".1\ cCI!~rr, e.~Pires Aug. 16,2009 ~entjfjcation Produced)
~'JL' DD 445841 _ DID take an oath, or
_as,.""~~...~",,=,,, DID NOT take an oath.
FORM NO. PEC 15.204
CONCRETE-CONSTRUCTION AND REPAIR, IFB 06/07-1
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
24
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 pre.scribed in 18 U.S.C. 1001.
Date:
<V~f/? d ~+-
By:
7)~~d \-\~1d'M\
\ Print Name
Title
Official Address:
~o~ C.OI'S~)K?-uCJ\1 0 rJ G WJ~ i
\ \ 1G -:).J)'1,,~ "b~Oi~ '~\je ~C---
()~\O--t~aD\, ~\ ~dfbo~
FORM NO. SFAC 16.204
CONCRETE-CONSTRUCTION AND REPAIR, IFB 06/07-1
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
25
Insurance And Bonding ReQ4irements Which Must Be Met
.'
1.
The CONTRACTOR bidd.er shall be required.to provide, to the Purchasing Agent, prior to signing a
c<?ntract for o.r commencl~g any work, a CertIficate of Insurance which verifies coverage in compliance
wIth the .requlrement~ outlined below. Compliance of said certificate must be acknowledged by the
Purchasmg Agent pnor to start of work. Any work initiated without completion of this requirement
shall be unauthorized and the City of Sanford will not be responsible.
2.
The City of Sanford reserves the right to require coverage and limits as considered to be in its best
interests. Jp..5urance requirements shall be on a case by case basis determined by the project, conditions
and exposure.
3.
Except for Professional Liability Policies, when required, all policies are to be endorsed to include the
City of Sanford as Additional Insured. In the cancellation clause the number "30" shall be inserted
into the blank space provided prior to the words "days prior notice..... All contractor policies are to be
considered primary to City coverage and shall not contain co-insurance provisions.
4.
In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate
shall be issued 30 days prior to said expiration date.
5.
Subcontractors retained by the Prime Contractor are the responsibility of said Prime Contractor in all
respects
6.
nsurance reQUlremen s:
COVERAGE REQUIRED MINIMUM POLICY LIMITS
Workers' Compensation Statutory
Commercial General Liability including Contractual Liability, Products and $ 1,000,000
Completed Operations, XCU and Owners and Contractors Protective
Cornprehensive Auto Liability, CSL, shall include "any auto" $ 1,000,000
(NOTE: All limits are per occurrence and must include Bodily Injury and Property Damage. All policies
must be written on occurrence form and not on claims made form.) (All deductibles and self insured
retentions must be approved by the City of Sanford.) (All insurer~ must have an A.M. Best rating of at least
A: VI!.)
7. Bonding Required: A. Bid Bond equal to 5 percent of the amount bid.
B. Performance and payment bond in the amount of $50,000.00
8. It is noted that failure to provide of an certificate of insurance in compliance with the above within
FOUR(4) days of notification of award and to continue the coverage without a break. At the discretion of
the City of Sanford a bidder/contractor may be placed in default status if required insurance coverage or
bonding is not maintained without a break in coverage.
9. I hereby certify that if tbe contractor on whose behalf this information is submitted is awarded a contract for
any portion of the work contemplated, the insurance and bonding requirements outlined above shall be met
as required.
~ liJ? Illj?JI1-~[;
Date '
If€? I t7j;)JT
Title
FORM NO. INS 17.204
CONCRETE-CONSTRUCTION AND REPAIR, IFB 06/07-1
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
26
Conflict of Interest Statement
"'5 --t' "f)7 L..i.-1 ~ . f N L-
1. ~ P I Irritm-rof c:::e-p-G' ~<jrl-Uv1i~ 4fJo~6otes 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 en!ity 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 anyone 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 anyone associated with them have any potential conflict of
interest due to any other clients, contracts, or property interests for this project.
8. I 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. I 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
nam~;fy the City ~f Sanford in wnting.
Signature of Affiant
'9YW
I ~/JC/6J ~
I
Date
1#17 1?EP-
IClfi(es//e ~ r
Typed or Printed Name of Affiant
Title
State of Florida, County of CJ /( Cl- '</Cj ~
On this / IJ ~ay of ;1/<7c/ eri-tJ;/L , 20 ~-" , before me, the undersigned Notary Public of the
State of Florida, pe~sonall~ appeared
.5 ~ e ci.. Her. 14' (' IL... and -
(Narne(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 officii,i1 seal.
~~~~--
~ -".
NOTARY PUBUC, STATE OF FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary p,ublic: Print, Stamp, or Type as Commissioned.)
..--.-
~rSOnallY known to me, or
Produced identification:
.'
" . p I WilLIAM M. MALONE
rlA\ I "JO.Tilf\! p. .UbliC s.tate 01 Florida
., Q I iIIl~.';.n\ll' expires Aug. 16; 2009
, ..u..J~~_. "Ie,. DO 445841
(Type oJJdentification Produced)
~ID take an oath, or
DID NOT take an oath.
FORM NO, CFI 18.204
CONCRETE-CONSTRUCTION AND REPAIR. IFB 06/07-1
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID.