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1550 Barracuda Bldg Corp IFB 11/12-16 Utility Relocation�6 I A Monday, November 05, 2012 i J PURCHASING DEPARTMENT T RANSMI TTAL ME MORANDUM To: City Clerk and Mayor RE: Barracuda Building Corp., IFB 11/12 -16 Utility Road Utility Relocation The item(s) noted below is /are attached and forwarded to your office for the following action(s): 70 0 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 Contract Marisol Ordonez Lat� Fro ® Mayor's signature ❑ Rec - endering 1� Safe keeping (Vault) - - Deputy City Manager - ❑ Payment Bond �-- ❑ City Manager Signature ® City Clerk Attest /Signature )K v Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc Contract Agreement Name Barracuda Building Corp., IFB 11/12 -16 Utility Road Utility Relocation ur sing Ma Date A #'r. L'JOSG-4-t t Finance DIrector Date Ir 2, C' Alto Date y no-4e . �t--L Jocx- o\'-LN,°� ta\ 1, O,A n-� �l - h� � wO Chu Letter Of Transmittal Date: October 30, 2012 To: MarisolOrdonez City of Sanford Re: Upsala Rd. Utility Relocations (IFB 11/12 -16) CPH Job No. S06124 500 West Fulton Street DESCRIPTION Sanford, Florida 32771 Fully Executed Notice of Award - For the City's Records P.O. Box 2808 Certificate of Insurance Cert. Holder - City of Sanford Sanford, Florida 32772 -2808 Phone: 407.322.6841 Fax: 407.330.0639 1 zvwzv.cphengineers.coin WE ARE SENDING YOU THE ATTACHED ITEM(S): NO. OF COPIES DESCRIPTION 2 Fully Executed Notice of Award - For the City's Records 1 Certificate of Insurance Cert. Holder - City of Sanford 1 City of Sanford Insurance Requirements and Certification (Section 00618 ) - Executed Certification for the City's Records 1 Insurance Certification (Section 00620) - Executed Certification for the City's Records 1 Performance Bond and Payment Bond - Executed Certification for the City's Records (Note: City Needs to Fill in the date of the Agreement on the Bonds and send copies of the dated Bonds to Berkley Regional Insurance Co. 3 Agreement - Signed by Barracuda Building Corp. - If acceptable, the City needs to execute the Agreement THESE ITEMS ARE TRANSMITTED AS INDICATED BELOW: X_ For Your Use For Review and Comment As Requested For Bids Due REMARKS: Please return one copy of the fully executed Agreement to CPH (we will send the executed Agreement to the Contractor). COPY TO: SIGNED: KATRIINA BOWMAN, P.E. If enclosures are not as noted, kindly notify us at once. 5 Rib WS RM Item No. CITY COMMISSION MEMORANDUM 1 83.B OCTOBER 8, 2012 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager S UBJECT: Upsala Road Utility Relocations Bid #IFB 11/12 -16 SYNOPSIS: Award of a bid to Barracuda Building Corporation for the Upsala Road Utility Relocations is requested. FISCALISTAFFING STATEMENT: The lowest bid was submitted by Barracuda Building Corporation in the amount of $161,118.00, Funding will come from Utility reserves. BACKGROUND: There is a drainage /road flooding issue at the intersection of Upsala Road and St. Johns Parkway. City staff along with County staff have been meeting to determine the cause and solution to this drainage problem. Seminole County staff has proposed the installation of a drainage line from Upsala/St. Johns intersection north to Smith Canal. This work will be performed and paid for by Seminole County. Unfortunately the City has existing potable water line, reclaimed water line and a sewer force main that conflict with the proposed drainage improvements. As this is a County right -of -way the City will need to relocate our utility lines. A bid solicitation was developed using plans from our engineering consultant. The City received bids from ten (10) contractors. Attached is the bid tabulation. The lowest bid was submitted by Barracuda Building Corporation at a cost of $161,118.00. This project was not budgeted but will ultimately result in the elimination of flooding at a busy intersection that does impact City residents. There are adequate funds in the utility reserve to handle this relocation project. i � LEGAL REVIEW: N/A RECOMMENDATION: It is staff's recommendation to award the bid to the lowest bidder, Barracuda Building Corporation, at a cost of $161.118.00. SUGGESTED MOTION: "I move to award the bid to the lowest bidder, Barracuda Building Corporation, at a cost of $161,118.00 and to approve a budget amendment." Attachments: Bid Tabulation Budget Amendment Moore,Paul From: Bowman, Katriina (P.E.) <kbowman @cphengineers.com> Sent: Thursday, August 30,2012 11:26 AM To: Moore,Paul; Smith, Bill Vic: BLAKE, RICHARD; WALL, JEFFERY, Morris, David Subject: Bid Results - Upsala Rd. Utility Relocations (IFB 11/12 -16) Attachments: Bid Tabulation - Upsala Rd. Utility Relocations.xls Paul -- Attached FYI is the Bid Tabulation for the Upsala Rd. Utility Relocations for the bids that were received on 8/29/12 (the Engineer's estimate was $190,000). The ranking is shown below: Rank Bidder Name Bid Submitted (A - Open Cut or B - Dir. Drill) Total Base Bid 1 Barracuda Building Corp. A $161,118.00 2 Sun Road Inc. B $164,192.80 3 Andrew Sitework, LLC B $174105.43 4 Young's Communications Co. Inc. B $182,552.00 5 Hazen Construction, LLC A $194,941.00 6 Central Fla. Environmental Corp. A $195,945.65 7 Progressive Contractors Inc. A $213,791.00 8 American Persian Engineers and Constructors, Inc. A $246,469.50 9 RA Scott Construction Co. A $274,533.00 10 SDC Services LLC A $353 645.00 Per my conversation with Bill Smith this morning, we will send a letter to the Low Bidder requesting the low bidder submittal requirements per the Instructions to Bidders. Katriina REQUEST FOR BUDGET AMENDMENT Fiscal Year 2013 Reclaimed & Water Department: Utilities Division: & Sewer Date: 912612012 CHANGES IN REVENUES i 0000 381 46 20 Transfer from Utillty Fund $ 2,696,000 $ 2,696,000 $ 161,118 $ 2,867,111 TOTAL CHANGES IN REVENUES $ 161,118 CHANGES IN EXPENDITURES B alance — Fund I)PUDIV Actiity Gbj Fle P101,0 gr ExpenditUre Account Tilla Budget Balance Charge 461 7979 690 99 90 Additions to Reserves $ 2,617,748 $ 2,617,748 $ (181,118) $ 2,366,630 461 7979 681 91 01 Transfer to WNVW Capital 2,696,000 2,696,000 161,118 2,867,118 462 4628 636 46 00 R &M -- Reclalmed 60,000 60,000 63,708 103,706 462 4630 536 46 00 R &M --Water 1,010,000 1,010,000 63,706 1,063,708 462 4640 636 46 00 R &M -- Sewer - - 63,706 63,706 TOTAL CHANGES IN EXPENDITURES $ 161,118 � ,,r�REASON FOR AMENDMENT: Add to Budget for Upsale Utility Relocations at St John Parkway DIRECTOR APPROVAL: ` y„ �4 DATE: FINANCE APPROVAL: DATE: CITY COMMISSION AGENDA DATE: APPROVED? FOR FINANCE USE Entry Date: Batch Number: Document #: i 9/26/2012 SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the day of by and between the City of Sanford. Florida, 300 North Park Avenue, Sanford, Florida 32771 a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Barracuda Building Corporation whose principal and local address is 1000 Ocoee - Apopka Road, Suite 400, Apopka, Florida 32703, hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. Contract Documents The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the Upsala Rd. Utility Relocations (IFB No. 11/12 -16) 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 77 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 Upsala Rd. Utility Relocations 00520 -1 AGREEMENT SPECLIB043008 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 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 750 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 sixty -one thousand one hundred eighteen and 00/100 Dollars ($161,118.00 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 Upsala Rd. Utility Relocations 00520 -2 AGREEMENT SPECLIB043008 of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Engineer The Project has been designed by CPH Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions. 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 Upsala Rd. Utility Relocations 00520 -3 AGREEMENT SPECLIB043008 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. 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, Upsala Rd. Utility Relocations 00520 -4 AGREEMENT SPECLIB043008 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: 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 Upsala Rd. Utility Relocations 00520 -5 AGREEMENT SPECLIB043008 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. 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: Upsala Rd. Utility Relocations AGREEMENT 00520 -6 SPECLIB043008 a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Paul Moore, P.E. Utility 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 Upsala Rd. Utility Relocations AGREEMENT 00520 -7 SPECLIB043008 requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of 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. Upsala Rd. Utility Relocations 00520 -8 AGREEMENT SPECLIB043008 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. 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 Upsala Rd. Utility Relocations 00520 -9 AGREEMENT SPECLIB043008 provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. C. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the 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 Upsala Rd. Utility Relocations AGREEMENT 00520 -10 SPECLIB043008 first PurchaseMork 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. 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 Upsala Rd. Utility Relocations 00520 -11 AGREEMENT SPECLIB043008 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 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 Upsala Rd. Utility Relocations 00520 -12 AGREEMENT SPECLIB043008 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 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 any action that would create a conflict of interest in the performance of that actions of 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. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or Upsala Rd. Utility Relocations AGREEMENT 00520 -13 SPECLIB043008 performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 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. Upsala Rd. Utility Relocations 00520 -14 AGREEMENT SPECLIB043008 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. 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 Upsala Rd. Utility Relocations 00520 -15 AGREEMENT SPECLISO43008 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 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. Upsala Rd. Utility Relocations 00520 -16 AGREEMENT SPECLIB043008 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Barracuda Building Corporation Blame of Firm -/9 ignature) James C. Thompson - President Printed Name and Title Upsala Rd. Utility Relocations 00520 -17 (SEAL) ATTEST: By (Signature) Printed Name and Title AGREEMENT SPECLIB043008 OWNER: City of Sanford Name of Owner n By (Signature) Jeff Triplett, Ma or 11 '4 0/4-,�20/ Printed Name and fitle ATTEST: y (Signature) Janet Dougherty, City Clerk Printed Name and Title END OF SECTION Upsala Rd. Utility Relocations 00520 -18 (SEAL) 4 A, u /v I/ I 6 A j AGREEMENT SPECLIB043008 ORIGINAL SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the UDsala Rd. Utility Relocations (IFB No. 11/12 -16), is hereby made to Citv of Sanford, hereafter called the Owner. This Bid is submitted by (1) A. Acknowledges receipt of: 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number 1 Dated 8/21/12 Number Dated Number Dated 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. NAME Upsala O F B Utility Re t� / f �or,Ls , - .. L'-X' acp-p NAME F IDDER: (.�'t/`K►`� � f-.-J BID FORM Rev. Per Add. No. 1 8/21/12 00410 -1 (1) Name, address, and telephone number of Bidder 1.02 The Undersigned: 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the work within 77 calendar days of the date of the Notice to Proceed. 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. (This area left blank intentionally) Upsala Rd. Utility Rel cations BID FORM NAME OF BIDDER: OhR CLf" 4- Lbc Cl t//, Rev. Per Add. No. 18121/12 00410 -2 O C 0 U U) N c O U c W m u U c a) D- 0 Co O O U a Q N c O m •- c E .0 Q V r= ..2 J m U - 0 aa) Fn a• L O O N Q � c C Fn 0 +o+ a) :3 C) y L C O c 4? L) O U Z •E c ca – CL C. E in M O U O C = L O d cu C. u O 7 - O L Q m o 4 m a m m H E O -0 z� d W © o 01 © LU r z - Z M �o — It H Z r r r r LO N r 0) IT N It Cl) N r M 11') Cr) N � O N r S CO O N N M p0 O M Q c c) O O O r LO cn V) U) co LL. co LL Q Q Q Q Q LL. LL LL. LL LL. Q Z Z Z LL LL. LL Q Z J J J J J J J LlWI W W w W J J J J J W I— I J J J W L \ O o U ❑. U •. U cn :3 � L H C 'm \ CL \ ca � a U c m U W m .- c CD as cu L L L a) _ c c m ate) m `UO m a cl � LL Fu a) L •C LL. 0 a) o �.� a) m co U U S U� c �> c> o a �t°� aL> aa c N - 0 a U .y LL - - (V r U U O - CO - �Y' _ O O Cl O m O c c a 0- r- c 0 c > N - E . m . 0 in C in C in (fl d. r .N X .N X LL. c N ' M -0 a) a) O O p U X> W LL - X W - X W X W C ' u) C in C in W U W U C U E N 2-- N E m L +� U) H IL c O U U ` 'a c ca 'C6 L@ O (n M M O M X W X W X W T D a) d ,in X W `p LL V N 0 a ca ? c Q. .cc c in U a� U a U c U U a 13) a� m c c a) LL U m c 0 'v LL .� w c J m m� m E E E� 3 � c c .S a d a m W O (U () d O W = U) a) U C 11 J CO cV r 7 U 7 U 3 U a) w a) of () w C7 C7 a) 12 LL LL LL (D 't r CO O z m W r N M Cr LC) CO L— a0 O O r r r N r C`) r "t r Ln r CO r L— r OO r O r O N r N N N M N It N ul N � <QQQQQQ< M << a <QQaaaQQ<<<<< 2� Q.' r LL co 0 � m C z a a a `m a. m P J LL 6� Z O uj �m a LL. �o m W CL ca � m z M 0 T- le 0 O w U a. U 0 ~ � IL 9 w a. !{} H Z I N N LO C'M Lo O CD CD Q al I w cn Z W W W W -J W W W D It O CL cn CO m O C O3 C N V _ C z O a ~ O m c x a t � O O C U) (n U) a F' U N LA O tO � r I- , O j > � N - t U 0 Cl) M Q N f6 co 'D C C (O (6 O N N w O W O W m > O O _ U M CO O O Cl) m E E N N O O 0� C .0 Q O O E O E Q F= Cl cn C = �wwm 0 LL Q o 0. a m LL (D m > J J J m U W H~ I� J N . ?< 2 O 0 E U O U O c 6 p _ m C3 �t � � LL O f' 0 0 O co ` W Q O c`u m Z -i Q W (D N P- N co N CA (V O M W CO N Cl) M CO F O �aaaaaaaa o Q U � I- 0 Q E: c O tp L) 3 N C O U d d sZ a r U c d IZ O N a c V 7 N c O U c . a F� R C O V B L- 0 m m m w U R IL J H O w U It CL z F' O M r tO Z r I- , N V N V Cl) N Cl) M Q N Cl) Cl) N cn cn cn cn LL 0 LL Q a a a Q LL LL- Z J J J J J J J LLJ W W W LLJ J J c`u m o o Q U U U N O L c F F 'm Q. m 0 U U � � � •� S m N O a�'i m m E ` E O O ` (O U w j U (6 p U LL d' » p LL U cm - CD - cv U U U 0 c a , a a cu 70 C C C X 2 'X • X Z O '0 O C p U W LL W W X W C fA c N 0 c m v) cis w w M O m U ) 0 U o U L) N C C C C C U > > = ��FnLL C =� =�mm�moo . _ E E D d W (n U LL (D U U I- U W W' Z W C:) c H N M14 LO W t-- co 0) m m m m m m m m m m m m m m 2C4 Ix � O� LL co CO c Z Q m a CD Ix Q- 'CJ LL .w W :r D ?m L �O =° w R� Z 1 7 O r O O 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. C. I have attached the required Statement in connection with the Trench Safety Act. 1.05 RESPECTFULLY SUBMITTED, signed and sealed this 7 day of At( 6-a ---yr , '9V/9 13APIP A UP-P. to 0 6) ©c.zee: I+pbtoKt4 qv r Business Address tqP PKil F_ _ ,V7b -- --5 (CORPORATE ISEAL) City State Zip Code Ln'7 -- t'f -9&V W) Si L� Telephone No. Facsimile No. ATTEST: By (Signature) bate Printed Name and Title END OF SECTION NAME Rd.Utility : M )P 0 PiMGL�H 43 ) 6- ( "Z?IQp NAME OF BIDDER: L-�T'� K BID FORM Rev. Per Add. No. 1 8/21/12 00410 -6 `� Printed Name and Title SECTION 00430 TRENCH SAFETY FORM Bidder acknowledges that included in the various items of the proposal contained on the Bid Form are costs for complying with the Florida Trench Safety Act (FS 553.60- 553.64). The Bidder further identifies the cost of compliance with the applicable trench safety standards for the project as follows (Bidder to attach additional sheets as necessary to identify all costs): The total cost shown herein is already included in the various items on the Bid Form 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. Submitted, signed and sealed this XI day of Lt�GISr �� Printed Name and Title ATTEST: /lei Signature ate END OF SECTION Upsala Rd. Utility Relocations 00430 -1 (SEAL) TRENCH SAFETY FORM SPECLlBO52803 Trench Safety Measure ( Descrip tion) Units of Measure LF, SF, SY Unit Quantity Unit Cost Extended Cost A L a � ®o B C D E F TOTAL The total cost shown herein is already included in the various items on the Bid Form 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. Submitted, signed and sealed this XI day of Lt�GISr �� Printed Name and Title ATTEST: /lei Signature ate END OF SECTION Upsala Rd. Utility Relocations 00430 -1 (SEAL) TRENCH SAFETY FORM SPECLlBO52803 ';4;�+ +e.sy'�.y_l t�f. =v >•t�, l� K'?��i'�r'�e j� J iv��- i�*`fex�x���'re'.e 3 1 1 Q .fir .q € i . �' + t 9' v y�.y, it r � _ �lYl� ;' � �(- t ^ `( � { t' { }� � � Ji`�k }, I .. -Y r Jl`.�% _ r � � a . ' , � ! t ♦ � � .. ._��^i °'t°� {L iy j (, � . Jff _L { 1 # � • C �-'s�(�{ " ^a- �rlFXr%^ "I�f''�i�• a /,- ra ' t_ [,� t �'Se� i s' �i•�` /'� � ��� J+l�lM`i� ? �fi i � � r - `� "( r bm ..rl3f � , w +ter � . y�� �- ��` -,�s! .� >. 1 t'�d•,� � � °�t�,:• - — 4 67 VLORD IT �• }1�� ` dr l'b` + %�ti� ti + � — ° � -t � t �'�� 1 +�, .! �_.- 7.d Ffl �\ S # ` L S Te t • � .` ' f�i.t. p t� y �' -1- .�% y ` 5 S ': J�, -- r , : ,i- l �l�f,4 7 -G �;Lr.: , j� N y t w r FY r � 1 ?f1�V' •�` Z .-. ��} '�;��y�����.f 1 - � n , ma y ; C ; I .�\� {y l ' �t„ T � V }� \�, Jr ET r{ ^ v , Mo- 01\ k , r � SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Barracuda Building Corporation as Principal, and (2) Berkley Regional Insurance Company as Surety, are hereby and firmly bound unto (3) City of Sanford, Florida , as Owner, in the penal sum of (4) Five Percent of the Amount Bid Dollars ($ 5% ) 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) _ City of Sanford, Florida a certain Bid for (5) IFB No. 11/12 -16; Upsala Roa Utility Relocations , attached hereto and hereby made a part hereof. f) Bidder 2) Surety 3) Owner 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. Upsala Rd. Utility Relocations 00420 -1 BID BOND FORM SPECL10030106SPECL16062803 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 29th day of August 2012 Barracuda Buildi Co Berkley Regional Insurance Company Typed Name (CORPORATE SEAL) C,QawS �-j By I U Kathy Clawson, Witness Typed Name and Title (SEAL) incipal (Signature of 0 icer) ped Name and Title 1000 Ocoee - Apopka Road, Suite 4 00 Address Apopka, FL 32703 City, State, Zip Surety By: A -in -Fact J "mes S. Penny, Attorney -In -Fact & Florida Licensed Resident Aqent Typed Name and Title 5900 Windward Parkway, Suite 33 Address Alpharetta, GA 30005 City, State, Zip (678) 624 -1818 (678) 624 -038 Telephone No. Facsimile No. Inquiries: (407) 834 -0022 END OF SECTION Upsala Rd. Utility Relocations BID BOND FORM 00420 -2 SPECLIS030106SPECLIB052803 No. 1178 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, n has made, constituted and appointed, and does by these presents make, constitute and appoint: J. W. Guignard, Bryce R. - Guignard, April L. Lively, Margie L. Morris, Jennifer L. McCarta, Allyson Foss or James S. Penny of Guignard Company of Longwood, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00 /100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own J _ proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following J resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: J "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, r or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or t = other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." r IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this Zf- day of 2012. Attest: Berkley Regional Insurance Company (Seal) By By WMA F Ira S. Lederman J Halter Senior Vice President & Secretary nior ice President nJ. WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: - - COUNTY OF FAIRFIELD ) 1 j Sworn to before me, a Notary Public in the State of Connecticut, thi day of _ 2012, by Jeffrey M. Halter and era S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice Pre ' ent and Secretary, respectively, of Berkley Regional Insurance Company. J Notary Public State of C#ffdff(fWBL1C. Of WCOMMISSION EXPIAEA MANY 31, �di7 CERTIFICATE '- E I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the J foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 29th day of August 2012 (Seal) Andi­6Turn SECTION 00510 NOTICE OF AWARD To: Barracuda Building Corporation 1000 Ocoee Apopka Road, Suite 400 Apopka, Florida 32703 NAME OF PROJECT: Upsala Rd. Utility Relocations (IFB No. 11/12 -16) The OWNER has considered the BID submitted by you, dated August 29, 2012 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $161,118.00 You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this (5TM day of QC U GG9 20 ! 2 OWNER: City of Sanford (Name of OWNER) r By (Signature) Thomas J. George, Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above IxOTICE OF AWARD is hereby ackno- fledged by Barracuda Building Corpora this 1 day of 04� (Q James C. Thompson - President Printed Name and Title Upsala Rd. Utility Relocations NOTICE OF AWARD 00510 -1 A CORQ CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 10/24/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GENTRY INSURANCE AGENCY, INC. 175 East Main Street PO BOX 2046 APOPKA, FL 32704 -2046 CONTACT NAME: AIC,N Ext: 407.B86.3301 aC No: 407.886.9530 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Southern- Owners Ins. Co. 10190 INSURED Barracuda Building Corp. 1000 Ocoee - Apopka Rd Suite 400 Apopka, FL 32703 INSURER B: Owners Insurance Company 32700 INSURER C: FCCI Insurance Co 10178 INSURER D: 11/15/2013 INSURER E: $ 1,000,000 INSURER F: $ 300,000 COVERAGES CERTIFICATE NUMBER: 2012 pkg REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLI Y EXP MM /DD/YYYY LIMITS Sa ford, FL 32771 GENERAL LIABILITY 72734094 11115/2012 11/15/2013 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 300,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 10,000 CLAIMS -MADE Fx] OCCUR PERSONAL BADVINJURY $ 1,000,000 A X GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 $ POLICY PRO JECT LOC AUTOMOBILE LIABILITY 486655170011/15 /2012 11/15/2013 (Eaaccident) $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO B ALL OWNED SCHEDULED AUTOS AUTOS X BODILY INJURY (Per accident) $ PROPER (Per accident) $ NON -OWNED • HIRED AUTOS X AUTOS • UMBRELLA LIAB X OCCUR 486407140011/15 /2012 11/1512013 EACHOCCURRENCE $ 1,000,000 AGGREGATE $ 1 , 000 , 000 A EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIV OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA 56817 08/21/2012 08/21/2013 X TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 500,000 IP 486655170011/15 /2012 11/15/2013 PIP: $10,000 B DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Upsala Rd. Utility Relocations (IFB No. 11/12 -16) CPH Job No. S06124 "SEE ATTACHED FOR DESCRIPTION OF OPERATIONS" notice of cancellation applies to General Liability and Auto Liability for City of Sanford P nd days CPH Engineers Inc. CERTIFICATE HOLDER CANCELLATION U 1988 -2010 AGORU CORPORA t ION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Sanford AUTHORIZED REPRESENTATIVE Attn: Purchasing Manager 300 N. Park Avenue Sa ford, FL 32771 Debra Liebknecht /LESLIE U 1988 -2010 AGORU CORPORA t ION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD City of Sanford )rtificate issued to City of Sanford 10/24/2012 ENTRY INSURANCE AGENCY, INC. /24/2012 oject: Upsala Rd. Utility Relocations (IFB No. 11/12 -16) CPH Job No. SO6124 iy of Sanford and CPH Engineers Inc. are included as additional insureds as respects General Liability d Auto Liability. givers of Subrogation in favor of City of Sanford and CPH Engineers Inc. as respects General Liability, ito Liability and Workers Compensation. nbrella policy follows form for General Liabiltiy, Auto Liability and Workers Compensation plosion, Collapse and Underground (XCU) is included. meral Liability Blanket Additional Insured Form 55373 1 -07 is attached. RE: Policy #72734094 COMMERCIAL GENERAL LIABILITY 55373 (1 -07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Under SECTION II - WHO IS AN INSURED, the following is added: A person or organization is an Additional Insured, only with respect to liability arising out of "your work" for that Additional Insured by or for you: 1. If required in a written contract or agreement; or 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to the loss indicating that the person or organization was an Additional Insured. B. Under SECTION III - LIMITS OF INSURANCE, the following is added: The limits of liability for the Additional Insured are those specified in the written contract or agree- ment between the insured and the owner, lessee or contractor or those specified in the Certificate of Insurance, if an oral contract or agreement, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended as follows: If this policy provides coverage for the same loss to any Additional Insured specifically shown as an Additional Insured in another endorsement to this policy, our maximum limit of insurance under this endorsement and any other endorsement shall not exceed the limit of insurance in the written contract or agree- ment between the insured and the owner, les- see or contractor, or the limits provided in this policy, whichever is less. Our maximum limit of insurance arising out of an "occurrence ", shall not exceed the limit of insurance shown in the Declarations, regardless of the number of insureds or Additional Insureds. All other policy terms and conditions apply. 1. The following provision is added to 4. Other Insurance: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1984, 2003. Page 1 of 1 This insurance is primary for the Additional Insured, but only with respect to liability aris- ing out of "your work" for that Additional In- sured by or for you. Other insurance avail- able to the Additional Insured will apply as excess insurance and not contribute as pri- mary insurance to the insurance provided by this endorsement. 2. The following provision is added: Other Additional Insured Coverage Issued By Us SECTION 00618 INSURANCE REQUIREMENTS (CITY OF SANFORD) The following insurance requirements are required to be met, in addition to requirements defined in Sections 00700 (General Conditions) and 00800 (Supplementary Conditions). 1. The successful bidder will be required to provide, to the City of Sanford and the Engineer, prior to commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Any work initiated without completion of this requirement shall be unauthorized and the City will not be responsible. 2. The City reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the project, conditions and exposure. 3. The insurance limits indicated below and otherwise referenced are minimum limits acceptable to the City. Also, all contractor policies shall to be considered primary to City coverage and shall not contain co- insurance provisions. 4. All policies are to be endorsed to include the City of Sanford and the Engineer as Additional Insured, except for professional liability policies and workers compensation policies. 5. Professional Liability Coverage, when applicable, will be defined on a case by case basis. 6. Builder's Risk ("All Risk ") insurance is required for all projects that include above grade construction, installation of structures, pipeline installation, and for all projects where the Contractor proposes to be paid for stored material. 7. 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. 8. All limits are per occurrence and must include Bodily Injury and Property Damage. 9. All policies must be written on occurrence form, not on claims made form, except for Professional Liability. 10. Self insured retentions shall not be allowed on any liability coverage. 11. In the notification of cancellation: The City of Sanford and the Engineer shall be endorsed onto the policy as a cancellation notice recipient. Should any of the above described policies be cancelled before the expiration date thereof, notice shall be delivered to the City of Sanford in accordance with the policy provisions. 12. All insurers must have an A.M. Best rating of at least A -VII. Upsala Rd. Utility Relocations 00618 -1 INSURANCE REQUIREMENTS SPECLIB042312 13 14 15 16 17 18 It is the responsibility of the Contractor to responsible to ensure that all Subcontractors retained by the Prime Contractor shall provide coverage as defined herein before and after and are the responsibility of said Prime Contractor in all respects. Any changes to the coverage requirements indicated above shall be approved by the City of Sanford Risk Manager. Address of "Certificate Holder" is: City of Sanford; Attention: Purchasing Manager; 300 N. Park Avenue); Sanford, FL 32771 Phone: 407 - 688.5028; Fax: 407 - 688 -5021; CPH Engineers, Inc., P.O. Box 2808, Sanford, FL 32772. All certificates of insurance, notices, etc. must be provided to the above addresses. Insurance requirements are as follows: For construction projects where the total construction cost is less than $500,000: Coverage Required Minimum Policy Limits Workers' Compensation Employers Liability $ 500,000 *Certificates of exemption are not acceptable in lieu of Each Accident $ 500,000 workers compensation insurance Disease $ 500,000 Commercial General Liability shall include- Bodily injury liability, Property Damage liability; Personal Injury liability and Advertising injury liability Coverages shall $1,000,000 Per Occurrence include: Premises /Operations; Products /Completed $ 1,000,000 General Aggregate Operations; Contractual liability; Independent Contractors, Explosion; Collapse; Underground Comprehensive Auto Liability, CSL, shall include "any $ 1,000,000 Combined Single Limit auto" or shall include all of the following: owned, $ 1,000,000 General Aggregate leased, hired, non -owned autos, and scheduled autos. Professional Liability when required) $ 1,000,000 Minimum Builder's Risk (when required) shall include theft, sinkholes, off site storage, transit, installation and equipment breakdown. Permission to occupy shall be 100% of completed value of additions included and the policy shall be endorsed to cover the and structures interest of all parties, including the City of Sanford, all contractors and subcontractors Garage Keepers (when required) $1,000,000 Aggregate: No per vehicle maximum p referred Garage Liability (when required) $ 1,000,000 Combined Single Limit $ 1,000,000 General Aggregate Certification: A. It is noted that the City has a contractual relationship with the named Contractor, applicable to a purchase order, work order, contract or other form of commitment by the City of Sanford, whether in writing or not and has no such contractual relationship with the Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the City to meet all contractual obligations and expectations of the City. Further, as Upsala Rd. Utility Relocations 00618 -2 INSURANCE REQUIREMENTS SPECLIB042312 the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the City will expect relief from the Contractor. B. The Undersigned accepts and agrees to meet all of the insurance coverage requirements, terms, conditions and certification (s) stated herein before and after and further agrees to maintain and provide the designated coverage during the life of the identified document. Also, when the coverage requirements stated herein before and after are specifically referenced by applicable solicitation, purchase order or contract document, those terms, conditions and coverage requirements are incorporated into that document as if fully set forth in verbatim. Certified By: Barracuda Building Corporation Name of Contractor City State Zip Code re James C. Thompson - President Printed Name and Title END OF SECTION Upsala Rd. Utility Relocations 00618 -3 INSURANCE REQUIREMENTS SPECLIB042312 SECTION 00620 INSURANCE CERTIFICATION Name of Project: Upsala Rd. Utility Relocations (IFB No. 11/12 -16) Owner: City of Sanford, Florida P.O. Box 1788 Sanford, Fl. 32772 Engineer: CPH Engineers, Inc. P.O. Box 2808 Sanford, Florida 32772 THIS IS TO CERTIFY that the numbered policies identified by the attached Certificates of Insurance have been issued by the below stated company in conformance with the limits and requirements as set forth in the General Conditions and Supplementary Conditions. The insurance company hereby waives its rights of subrogation against the additional insured. 6?q RP- A c - Lk P,4 /3-y / / -DIN pc,Q47 Named Insured 6,' Insurance Company f f75 T r lu 5 T. G' P i>4 L 7 uy` Addr ss City State Zip Slanature of Authorized Reofesentativ JA/n�:! �- > c - T)l z 41 AL- AJ nted or Typed Name of Authorized Representative (Attach Acknowledgment) (Make additional copies of this form if more than one insurance company provides contract required insurance). END OF SECTION Upsala Rd. Utility Relocations 00620 -1 INSURANCE CERTIFICATION SPECLIB052803 Letter Of Transmittal 500 West Fulton Street Sanford, Florida 32771 P.O. Box 2808 Sanford, Florida 32772 -2808 Date: December 5, 2012 To: MarisolOrdonez City of Sanford Re: Upsala Rd. Utility Relocations (IFB 11/12 -16) CPH Job No. S06124 Phone: 407.322.6841 Fax: 407.330.0639 wzozo. cpl iengi n eers. corn WE ARE SENDING YOU THE ATTACHED ITEM(S): NO. OF COPIES DESCRIPTION 1 Original Signed Co - Criminal Background Check Affidavit THESE ITEMS ARE TRANSMITTED AS INDICATED BELOW: X For Your Use As Requested REMARKS: For the City's records. COPY TO: For Review and Comment For Bids Due SIGNED: KATRIINA BOWMAN, P.E. If enclosures are not as noted, kindly notify us at once. SECTION 00525 CRIMINAL BACKGROUND CHECK REQUIREMENTS AND AFFIDAVIT The Affiant identified below agrees to the following: 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. 2. Contractors who have access to City owned and /or operated facilities which are designated by the City to be critical to security of public safety, shall comply with the security meaSUres as described herein. 3. Contractors and each of their employees shall, as and when required by the City, wear an identification badge which provides the name of the employee and the contractor. 4. Contractors shall provide within forty -eight (48) hours of the City's request, a list of employees and subcontractors who will have access to City sites and /or facilities, their working days, times and assignments. Additionally, the City reserves the right to require the inclusion of individual addresses, social security numbers and driver's license numbers including state of issuance for employees and subcontractors identified above. 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. 5. The Contractor shall cause each employee and subcontractor deemed by the City to be functioning in a position critical to the security and /or public safety of the City to comply with procedures outlined below by submitting their fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation. 6. The Contractor, applicable to each Contractor's and Subcontractor's employee identified by the City, shall submit a fingerprint card which includes the ORI /Account Number provided by the City along with a check for $24.00 for each fingerprint card to the Florida Department of Law Enforcement. In addition, if the Police or Sheriffs Department processing the fingerprint cards charges a fee (cash only) for that service, the contractor shaii be responsible for that charge. 7. The fingerprint request shall include the subject's name, sex, race and date of birth and other information such as DL and SS. 8. Fingerprint cards may be processed by any Florida Police Department or Sheriffs Department. If the Contractor is "out -of- state," the fingerprint cards may be processed by any PD, etc. and sent to the address below for processing. The ORI No. assigned to the City of Sanford is FL759053Z this number must be used. The City will provide the forms. Upsala Rd. Utility Relocations CRIMINAL BACKGROUND CHECK REQUIREMENTS AND AFFIDAVIT 00525 -1 9. Sanford Police Department fingerprinting time schedule are only Monday, Wednesday and Friday from 9:00 AM -12:00 Noon. 10. Fingerprint cards shall be sent to: Criminal Justice Information Services Post Office Box 1489 Tallahassee, Florida 32302 -1489 11. The ORI number directs the report to be returned to the City of Sanford. The Contractor shall not request the report to be returned to the Contractor. Only the fingerprint card(s) and the indicated payment are to be placed in the envelope. No cover letter or other instructions are to be included. Only a report(s) sent directly to the City of Sanford by the FDLE will be accepted as valid. 12. If a contractor or contractor's employee refuses to authorize the release of their address, social security number, licenses and /or to participate in the criminal history record checks when required by the City, they shall not be allowed to work or continue to work in or on such critical position(s) or project(s). Reports which reflect incidents in an individual's back ground will be addressed and resolved on a case by case basis. Barracuda Bu ature of Authorized Repre §4ntative (Affiant) James C. Thompson - President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF 0P D� C STATE OF FLORIDA On this 0 day of A) 20 f oZ before me, the undersigned Notary Public of the State of Florida, personally appeared J /h�'S C , 7 0/�1 /��l%Iu whose name(s) is /are subscribed to the within instrument, and he /she /they acknowiedge that he/she/they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced as identification. (Notary Public in and for the County and State Aforementioned) mmission expires: D. /,2 3 =o 4► 1 �Y °v� Notary Public State of Florida Paula M Lucia �4 8� My Commission DD994462 orr� Expires 05123 /2014 END OF SECTION Upsala Rd. Utility Relocations CRIMINAL BACKGROUND CHECK REQUIREMENTS AND AFFIDAVIT 00525 -2