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1570* Vogel Bros Building Co-Disinfection City of Sanford — WTP No. 2 Disinfection By-Products Compliance Improvements 00618 -1 CPH Job No. S06118 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). Any conflict between the requirements contained in this section and any other section, it is hereby noted that the requirements of this section as amended shall prevail. 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. (Ref: items 17 and 18, standard terms and conditions included with City of Sanford Purchase Order). 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. November 2012 Insurance Requirements (City of Sanford) City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00618 -2 CPH Job No. S06118 12. All insurers must have an A.M. Best rating of at least A -VII. 13. 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. 14. Any changes to the coverage requirements indicated above shall be approved by the City of Sanford Risk Manager. 15. 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. 16. All certificates of insurance, notices, etc. must be provided to the above addresses. 17. Insurance requirements are as follows: A. For construction projects where the total construction cost is $500,000 or higher: Coverage Required Minimum Policy Limits Workers' Compensation Employers Liability $ 1,000,000 '`Certificates of exemption are not acceptable in lieu of Each Accident $ 1,000,000 workers compensation insurance Disease $ 1,000,000 Commercial General Liability shall include- Bodily injury liability, Property Damage liability; Personal Injury liability and Advertising injury liability Coverages shall $ 3,000,000 Per Occurrence include: Premises /Operations; Products /Completed $ 3,000,000 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. 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 18. 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 the Contractor's insurance coverage is a matter between the vendor and its November 2012 Insurance Requirements (City of Sanford) City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00618 -3 CPH Job No. S06118 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: Vogel Bros. Building Co. Name of Contractor 2720 Drane Field Rd. Lakeland FL 33811 Address City State Zip Code t � Signature Peter C. Vogel, President and CEO Printed Name and Title END OF SECTION November 2012 Insurance Requirements (City of Sanford) City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00620 -1 CPH Job No. S06118 +SECTION 00620 INSURANCE CERTIFICATION Name of Project: WTP No. 2 Disinfection By- Products Compliance Improvements Owner: City of Sanford City Hall 300 North Park Avenue Sanford, FL 32771 -1244 Engineer: CPH Engineers, Inc. P.O. Box 2808 Sanford, Florida 32772 Ph. 407 - 322 -6841 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. Vogel Bros. Building Co. Named Insured A Llorte u )CI C 1 v1 c v ce_ C Insurance Company Po b i Dr ■Avk.A..4 5( t Address City State Zip By: 0 XYtAA, C trl (LLJ Signature of Athorized Representative r ,Y S J Printed or Typed NarYie of Authorized Representative (Attach Acknowledgment) (Make additional copies of this form if more than one insurance company provides contract required insurance). END OF SECTION November 2012 Insurance Certification ACKNOWLEDGMENT State of Wisconsin County of Waukesha I Cynthia Gross Notary Public of Waukesha County, in the State of Wisconsin, do Y Y Y� hereby certify that Amy Shaver of Wausau Underwriters Insurance Co., who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and deliver said instrument, for and on behalf of Wausau Underwriters Insurance Co. for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of New Berlin in said County, this 12th day of February, 2013. Notary Public Cynt4' is Gross My Commission Expires 7 -r-W JO / City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00620 -1 CPH Job No. S06118 +SECTION 00620 INSURANCE CERTIFICATION Name of Project: WTP No. 2 Disinfection By- Products Compliance Improvements Owner: City of Sanford City Hall 300 North Park Avenue Sanford, FL 32771 -1244 Engineer: CPH Engineers, Inc. P.O. Box 2808 Sanford, Florida 32772 Ph. 407 - 322 -6841 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. Vogel Bros. Building Co. Named Insured • 110 A /_ : a Giv ( A-- ) LSaUL—r Insurance Company Pc C7oIL 1 6 4 - k - Address City State Zip By: l X .Vyt,t SRCl.( -�1� Signature ofAhorized Representative Printed 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 November 2012 Insurance Certification ACKNOWLEDGMENT State of Wisconsin County of Waukesha I, Cynthia Gross Notary Public of Waukesha County, in the State of Wisconsin, do hereby certify that Amy Shaver of Employers Insurance Company of Wausau, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and deliver said instrument, for and on behalf of Employers Insurance Company of Wausau for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of New Berlin in said County, this 12th day of February, 2013. Notary Public Cynthi. My Commission Expires 7 "c4- 09(1/(1' City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00620 -1 CPH Job No. S06118 +SECTION 00620 INSURANCE CERTIFICATION Name of Project: WTP No. 2 Disinfection By- Products Compliance Improvements Owner: City of Sanford City Hall 300 North Park Avenue Sanford, FL 32771 -1244 Engineer: CPH Engineers, Inc. P.O. Box 2808 Sanford, Florida 32772 Ph. 407 - 322 -6841 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. Vogel Bros. Building Co. Named Insured A 1501.L�1 P i \\(1u.)( vI c c. cn (n Y I Insurance Company PC) Q7c»e_. ;h1 U■YLAX. wi 54-1( )D- - E ► 7 Address City State Zip By: 1, Signature of Auttlonzed Representative Printed or Typed Nathe of Authorized Representative (Attach Acknowledgment) (Make additional copies of this form if more than one insurance company provides contract required insurance). END OF SECTION November 2012 Insurance Certification 4 ACKNOWLEDGMENT State of Wisconsin County of Waukesha I, Cynthia Gross Notary Public of Waukesha County, in the State of Wisconsin, do hereby certify that Amy Shaver of Wausau Business Insurance Co. who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and deliver said instrument, for and on behalf of Wausau Business Insurance Co. for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of New Berlin in said County, this 12th day of February, 2013. G4-' l y Z .e 9- Notary Public Cynthia i ross My Commission Expires p211.c9,6/6. City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00530 -1 CPH Job No. S06118 SECTION 00530 NOTICE TO PROCEED FORM TO: Vogel Brothers Building Co. DATE: April 10, 2013 PROJECT: WTP No. 2 Disinfection By- Products Compliance Improvements (IFB 12/13 -05) You are hereby notified to commence WORK in accordance with the Agreement dated February28, 2013, This Notice authorizes the CONTRACTOR to commence construction, and, in accordance with the Agreement, all work shall be substantially complete within 365 calendar days of the date of this Notice to Proceed. Final Completion shall be effected within 30 days after the date of substantial completion. ISSUED BY: City of Sanford, Florida (Name of OWNER) y (Signatur Thomas George, Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by this 18 d -y of '' P 'ojoi3 • By: Jo\ Jul i a /ilk,- Pr =dent of 0.erati ons �; � F e and Title END OF SECTION 4'M L TRANSMITTAL SR,OS. $VIL Gr IC No. 00048 We build with values, solutions and accountability Page 1 of 1 PROJECT:City of Sanford WP #2 Disinfection DATE: 4/18/2013 JOB NO: 1236 REF: Signed and Dated Notice to TO: City of Sanford Proceed Marisol Ordonez P.O. Box 1788 Sanford, FL 32772 PHONE: 407 - 688 -5030 FAX: 407 - 688 -5021 WE ARE SENDING: SUBMITTED FOR: ACTION TAKEN: ❑ Shop Drawings ❑ Approval El Approved as Submitted El Letter it Your Use El Approved as Noted ❑ Prints IYr As Requested El Returned After Loan ❑ Change Order ❑ Review and Comment ❑ Resubmit ❑ Plans ❑ Submit ❑ Samples SENT VIA: ❑ Returned ❑ Specifications ff Attached ❑ Returned for Corrections NI Other: Notice to Proceed ❑ Separate Cover Via: US Mail ❑ Due Date: ITEM NO. COPIES DATE ITEM NUMBER REV. NO. DESCRIPTION STATUS 1 1 Signed and Dated Notice to Proceed NEW Remarks: As you requested. CC: File: 1236 -1 Signed: Mary Spurlin 2720 Drane Field Rd (33811) * P.O. Box 5200 * Lakeland, FL 33807 -5200 * 863 - 646 -5078 Tel * 863 - 644 -5107 Fax * www.vogelbldg.com f_transm. pbl /f_tr_01 _f lorida LL 97019 r=� • Ritj ` "t Tuesday, April 30, 2013 —1877-4 0 m PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk - RE: Vogel Bros Buldg Co Inc IFB 12/13 -05 WTP Disinfection By Products Compliance Imporvements — Agreement Section 520 The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order 1 1 Mayor's signature ❑ Final Plat (original mylars) ❑ Recording Letter of Credit 1 ] Rendering Maintenance Bond ® Safe keeping (Vault) Ordinance Deputy City Manager 1 1 Performance Bond Payment Bond ❑ Resolution n City Manager Signature City Clerk Attest /Signature Once completed, please: 1 1 Return originals to Purchasing 1 1 Return copies Special Instructions: Marisol Ordonez a 1 1 0 4/ ? From Date T: \Dept_forms \City Clerk Transmittal Memo - 2009.doc Ri -1877-1 CN Cr cYD Lye DOCUMENT APPROVAL 2/21 /2013 1:16 PM r Contract Agreement Name: Vogel Construction Inc IFB 12/13 -05 WTP Disinfection By Products Compliance Improvements t- L/ 2— 0 /5 P ng Manager Date ti -a�-13 Finance - P erector Date . , 'torrne y , Date Akk,, kil Aokryvv4 mr.trovudt �� fi ot 6 o mo oitfotSdi -2) II 3 13 7-ke c c (ed 61/ c d j ( recoKded). ki r City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00520 -1 CPH Job No. S06118 SECTION 00520 0 0 AGREEMENT FORM 'r' CC PART 1 GENERAL Jaw( 1.01 THIS AGREEMENT, made and entered into theO — day of C ; '� by and between the City of Sanford, Florida, 300 North Park Avenue, S 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 Vogel Bros. Building Co. , whose principal and Iocal address is 2720 Drane Field Rd., Lakeland, FL 33811 , 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. 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, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section 00520 - Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00010 -1 of the Project Manual) includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Proj ect. 3. Addenda Applicable to the Bid 4. Contractor's Bid, 00410. 5. Performance Bond, 00605. 6. Payment Bond, 00610 7. Material and Workmanship Bond, 00615. 8. Trench Safety (Executed Form), 00430 9. Non Collusion Affidavit, 00432 10. Conflict of Interest Affidavit, 00434 11. Public Entities Crime Affidavit, 00436 12. Compliance With the Public Records Law Affidavit, 00438 13. Bidder Qualification Affidavit, 00440 14. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -2 CPH Job No. S06118 15. Certification Of Non - Segregated Faciliti es (Executed Form), 00450 16. Disputes Disclosure (Executed Form), 00452 17. Drug Free Workplace (Executed Form), 00454 18. Unauthorized (Illegal) Alien Workers Affidavit, 00456 19. E- Verify Compliance Affidavit, 00458 20. Americans With Disabilities Act Affidavit, 00460 21. Financial Information (Executed Form) (If Required by City), 00462 22. Criminal Background Check Requirements, 00525 23. Insurance Certificate(s) 24. Notice of Award, 00510 25. Notice to Proceed, 00530. 26. Consent of Surety to Final Payment (Executed Form), 00617. 27. Contractor's Application for Payment (Executed Forms), 00625. 28. Certificate of Substantial Completion, 00626. 29. Certificate of Final Completion, 00627. 30. Contractor's Partial Release of Lien (Executed Forms), 00640. 31. Subcontractor's Final Release of Lien (Executed Form), 00641. 32. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 33. Contractor's Release of Lien (Executed Form), 00645. 34. Project Field Order (Executed Form), 00940. 35. Work Directive Change (Executed Form), 00945. 36. Change Order (Executed), 00950. 37. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Docum ents. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the WTP No. 2 Disinfection Bv- Product Compliance Improvements (IFB 12/13 -05). 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 365 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 November 2012 Agreement Form City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00520 -3 CPH Job No. S06118 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not 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 $2,000.00 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one -fourth ( of the rate set forth above. E. Contract Price Lump Sum Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Lump Sum Price of Six Million Nine Hundred Thousand Dollars ($ 6,900,000.00). Payments will be made to the Contractor based on the Schedule of Values, which shall be as fully a part of the Contract as if attached or repeated herein, and subject to completion of the work, in accordance with the Contract Docum ents. 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, and as described in Section 01270 - Measurement and Payment. 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 November 2012 Agreement Form r Citv of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -4 CPH Job No. S06118 be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent com plete based on th e construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance w ith State law. Engineer The Project has been designed by CPH Engineers, Inc., referred to in the documents as the Engineer. J. Additional Terms and Conditions 1. 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 November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -5 CPH Job No. S06118 agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 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, November 2012 Agreement Form Citv of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -6 CPH Job No. S06118 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. f. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and /or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or November 2012 Agreement Form City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00520 -7 CPH Job No. S06118 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 invoi ce. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his /her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -8 CPH Job No. S06118 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 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 November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection By- Products Compliance Improvements 00520 -9 CPH Job No. S06118 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. 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 otherw ise. November 2012 Agreement Form Citv of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -10 CPH Job No. S06118 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 disabil ity. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts November 2012 Agreement Form City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00520 -11 CPH Job No. S06118 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. f. The CONTRACTOR shall submit a report to the CITY within twenty -four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this November 2012 Agreement Form City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -12 CPH Job No. S06118 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 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 November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection By- Products Compliance Improvements 00520 -13 CPH Job No. S06118 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 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. November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -14 CPH Job No. S06118 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 governm ent. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services November 2012 Agreement Form City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -15 CPH Job No. S06118 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 tra nscriptions. 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -16 CPH Job No. S06118 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 negotiations length otiations 9 9 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 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. November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -17 CPH Job No. S06118 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. 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. November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -18 CPH Job No. S06118 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 sam e document. November 2012 Agreement Form City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00520 -19 CPH Job No. S06118 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Vogel Br.s. Building '.. Name o . 2. 2 o - i 3 By (Signature) Date (SEAL) Peter C. Vogel, President and CEO Printed Name and Title ATTEST: 1/4-7-7‘-s"-%7 2.-20 -13 By (Signature) Date Mary S. Spurlin, Assistant Corporate Secretary Printed Name and Title OWNER: Cit of Sanford Name of Owner 1 / By (Signature) Date (SEAL) Jeff Tri.Iett Ma or Printed Name and itle ATTEST: qadj /0/21/411A o BySignature) Date Janet Dougherty, City Clerk Printed Name and Title Approved as to f� legal - ,tr►i N 1'il `P: A i w a I1 ttorney n/I✓lL ' eqr END F SECTION S ION November 2012 Agreement Form 6.1 (00,4,91,ue t'L pi/F(16i vZ c S S ' /3 WS RM 7Jf Item No. 9 • D -1877 - CITY COMMISSION MEMORANDUM 13.020 JANUARY 28, 2013 AGENDA J' To: Honorable Mayor and Members of the City Commission PREPARED BY: Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Water Treatment Plant No. 2 Disinfection B roducts Compliance Bid # IFB 12/13 -05; Award to Vogel Bro uilding Co. SYNOPSIS: Approval to award the Water Treatment Plant (WTP) No. 2 Disinfection By- Products Compliance Bid to Vogel Bros. Building Co., a Wisconsin corporation, (Vogel), as the lowest responsive and responsible bidder is requested. FISCAL/STAFFING STATEMENT: The cost of the project is $6,900,000. Funding will come from the Florida Department of Environmental Protection State Revolving Fund loan/grant program. BACKGROUND: Bids were opened December 20, 2012 for WTP No. 2. After a detailed review of the bids received and evaluation by the City staff and CPH, it has been determined that Vogel is the lowest bidder for the construction upgrades at WTP No. 2. The Disinfection By- Product treatment process upgrades are required to meet a more stringent Federal rule which will become effective in October, 2013. This project is listed under the Utility 5 year CIP and involves replacing and adding new pipes as well as addition of ozone to remove sulfide odors and granular activated carbon to remove disinfection by- products precursors. LEGAL. REVIEW: The City Attorney has no legal objection if an appropriate agreement is entered in accordance with City Purchasing Policies. RECOMMENDATION: It is staff's recommendation that the subject bid be awarded to Vogel as the lowest responsive and responsible bidder in the amount of $6,900,000. I 4iO1K110N { RICK SCOTT FLORIDA DEPARTMENT OF GOVERNOR 1 :7� ENVIRONMENTAL PROTECTION JENNIFER CARROLL 1- ::'‘* ?' 11 GOVERNOR BOB MARTINEZ CENTER r " " ' '• 2600BLAIRSTONEROAD FHERSCHELT.VINYARD.IR. `se TALLAHASSEE, FLORIDA 32399 -2400 SECRETARY February 14, 2013 Mr. Norton N. Bonaparte Jr. City Manager - City of Sanford 300 North Park Avenue Sanford, Florida 32772 Re: DW590120 - Sanford Supply, Treatment, Distribution Dear Mr. Bonaparte: We have reviewed the bidding information for the WTP No. 2 DBP Compliance Improvements contract. The selection of Vogel Bros. Building Co. is acceptable. Contract Amount Grant Eligible Loan Eligible $6,900,000.00 $690,000.00 $6,210,000.00 This letter is your authorization to award the contract. Please note that the contract eligibility is split with 90% being loan eligible and 10% being grant eligible. Please submit the award resolution, a copy of the executed contract between the City and the contractor and the attached certification of contractor's insurance and bonding after the contract is executed to: Florida Department of Environmental Protection, 2600 Blair Stone Road M.S. 3505, Tallahassee, Florida 32399 -2400. Note that no disbursements for this contract will be made until the required documentation is returned to us. Please send all change orders to Venkata Panchakarla for review, and advise him of the pre - construction conference date so that he may attend. If we may be of further assistance, please call Cindy Bonds at (850) 245 -8365. Sincerely, 04 , 1 Christine. Klena, Deputy Director Division of Water Resource Management CMK/cb Enclosure cc: Ms. Migdalia Hernandez, P.E, Water Resources Management — City of Sanford n n ti.dep sltrle./1.us City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00620 -1 CPH Job No. S06118 +SECTION 00620 INSURANCE CERTIFICATION Name of Project: WTP No. 2 Disinfection By- Products Compliance Improvements Owner: City of Sanford City Hall 300 North Park Avenue Sanford, FL 32771 -1244 Engineer: CPH Engineers, Inc. P.O. Box 2808 Sanford, Florida 32772 Ph. 407 - 322 -6841 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. Vogel Bros. Building Co. Named Insured WC1-u.5 a u nde it ors J l lva.vl (.>? Co . Insurance Company Pc c)Cai °i tk llsct.ut w 5 L. L4 - l l Address City State Zip By: ( /� 9---V Signature of thorized Representative Printed 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 November 2012 Insurance Certification ACKNOWLEDGMENT State of Wisconsin County of Waukesha I, Cynthia Gross Notary Public of Waukesha County, in the State of Wisconsin, do hereby certify that Amy Shaver of Wausau Underwriters Insurance Co. who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and deliver said instrument, for and on behalf of Wausau Underwriters Insurance Co. for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of New Berlin in said County, this 12th day of February, 2013. " Notary Cynthia C nthia Gro ss My Commission Expires 1/9 (1/-DC11 CERTIFICATION OF CONTRACTOR'S INSURANCE AND BONDING Project DW 590120 I certify that VOGEL CONSTRUCTION , general contractor for (Name of Contractor) WTP NO. 2 DISINFECTION BY PRODUCT , has obtained, and will be required COMPLIANCE IMPROVEMENTS TFB 1 2/ 1 3 - 0 5 (Contract Description) to maintain, insurance as is customary during construction, including workers' compensation, comprehensive general liability, contractors' indemnification obligations, vehicle liability, and property. Builder's risk or similar types of insurance in the amount of full replacement cost of the project, or portion thereof, being constructed under the contract has also been obtained, and will be maintained, by the contractor to the extent that such insurance is obtainable. Flood insurance, if applicable, has also been obtained and will be maintained by the contractor. I also certify that the contractor has submitted a payment and performance bond or bonds as described below: Type of Bond Amount of Bond Surety Performance Bond 6,900,000.00 Travelers Casualty & Surety Co of America Payment 6,900,000.00 Travelers Casualty & Surety Co of America I I (Signatu e) ate) d /f om tJ -4 /0(k C4 fl2 (Typed Name and Title of Local Government's Authorized Representative) SECTION 00510 NOTICE OF AWARD To: Vogel Bros. Building Co. 2720 Drane Field Rd. Lakeland, FL 33811 NAME OF PROJECT: WTP No. 2 Disinfection By- Product Compliance Improvements (IFB No. 12/13 -05) The OWNER has considered the BID submitted by you, dated December 20, 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 the Lump Sum Bid Price in the amount of $6,900,000.00. 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 • day of J ��r , o?OjJ . OWNER: City of Sanford (Name of OWNER) ----- By (Signat Thomas J. George, Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by Vogel Bros. Building Co. this 20 day of Fe-b caa.i—A 2.0 s 3 lefr P.‘ C 3 , By Peter C. Vogel - President Printed Name and Title Upsala Rd. Utility Relocations NOTICE OF AWARD 00510 -1 City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00410 -1 CPH Job No. S06118 Addendum No. 1 SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the WTP No. 2 Disinfection By- Product Compliance Improvements (IFB 12/13 -05), is hereby made to City of Sanford, hereafter called the Owner. This Bid is submitted by (1) . Vogel Bros. Building Co. 2720 Drane Field Rd. Lakeland, FL 33811 jjulianAvogelbldg.com 863 - 646 -5078 (1) Insert Name, address, e-mail address, and telephone number of Bidder 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number 1 Dated 12/12/12 Number Dated /1 1171,a 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. 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 365 calendar days of the date of the Notice to Proceed. Rev. Per Add. No. 1 12/12/12 Bid Form City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00410 -2 CPH Job No. S06118 Addendum No. 1 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 Lump Sum Bid Price The undersigned will construct this project for the Lump Sum Bid Price of $ fA/ :i_ : /4.' ✓ _.! / /�:.r : f-ar_ 7 Dollars The above Lump Sum Bid Price shall includes a Thirty- Thousand Dollars ($30,000.00) allowance for the sole discretion of the Owner for purchasing miscellaneous equipment that may be required, such as office supplies, or lab equipment. The Contractor may be asked to use this allowance to purchase specific office equipment need to outfit the new Operations Building. 1.04 The Apparent Responsive Low Bidder shall be required to submit a Schedule of Values showing the breakdown unit quantities and unit prices for the above Lump Sum Bid Price within three (3) days after the bid opening. The Schedule of Values shall be made into an attachment to the Bid Form. The Lump Sum Bid Price and the total on the Schedule of Values must be equal. The Schedule of Values shall be prepared to show the quantities and unit prices of all major items described in Section 01270 - Measurement and Payment. The quantities and unit prices shall be used for making payment applications and for adjusting the Contract prices for changes in the work (additions or deletions) in accordance with the provisions of an approved change order and any modifications of the Contract. 1.05 Miscellaneous Requirements and Affirmations A. Proposals (Bids) must be on the Bid Form. B. I have filled out the Material and Equipment List (Attachment A to this Bid Form). C. I have filled out the List of Proposed Subcontractors /Shop Fabricators (Attachment B to this Bid Form). D. I have attached the following required fully executed forms to this Bid: 1. Bid Security complying with the requirements of the Bidding Documents. 2. Florida Trench Safety Act Statement - Section 00430 3. Non Collusion Affidavit - Section 00432 4. Conflict of Interest Affidavit - Section 00434 5. Public Entities Crime Affidavit - Section 00436 6. Compliance With the Public Records Law Affidavit - Section 00438 7. Bidder Qualification Affidavit - Section 00440 8. Receipt of Exempt Public Records and Agreement to Safeguard - Section 00442 Rev. Per Add. No. 1 12112112 Bid Form City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00410 -3 CPH Job No. S06118 Addendum No. 1 1.06 RESPECTFULLY SUBMITTED, signed and sealed this 20 day of Vogel Bros. Building Co. Contra By (Signat re) Date Peter C. Vogel, President Printed Name and Title 2720 Drane Field Rd. Business Address Lakeland FL 33811 (CORPORATE SEAL) City State Zip Code 863 - 646 - 5078 863 - 644 - 5107 Telephone No. Facsimile No. jjulian @vogelbldg.com E -Mail Address ATTEST: /2 -av ^I 114 By ( ig tur 0 Date 2726e Printed Name and Title ^ t S'1 c'-1 I. -t pdn c� 1 a n W ;s ,„_s , •� Rev. Per Add. No. 1 12/12/12 Bid Form City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00410 -4 CPH Job No. S06118 Addendum No. 1 ATTACHMENT A MATERIAL AND EQUIPMENT LIST Listed below are items of material and /or equipment proposed for use in the project. The Bidder is required to check one of the manufacturers for each listed piece of material and /or equipment to be furnished. Only one manufacturer or equipment supplier shall be clearly checked.. FAILURE TO PROPERLY CHECK THE LIST BELOW SHALL CONSTITUTE A NON- RESPONSIVE BID AND MAY BE A CAUSE FOR REJECTION. SPECIFICATION MATERIAL AND /OR BIDDER'S SECTION EQUIPMENT MANUFACTURERS /SUPPLIERS CHOICE 06702 Chemical Storage A: Snyder Tanks B: Chem - Tainer A: Deming 1/ 11061 Vertical Turbine Pumps B: Goulds C: Fairbanks D: Peerless 11240 Chemical Feed A: Guardian f Systems 11250 Ozone Generator A: Pinnacle 1I System 11300 GAC System A: Calgon -\/ 11310 Submersible Pumps A: Flygt 11315 Package Lift Station A: Flygt A: Butler Manufacturing 13125 Prefabricated Metal B: Trident Building Systems Buildings C: Star Building Systems D: Varco- Pruden Buildings 13200 Prestressed Concrete A: Crom Storage Tank B: PreCon l/ A: Curry Controls Vim" B: Revere Controls 13300 Process and C: Santis Engineering Instrumentation D: Lord & Company E: CC Controls F: C2I Control Instruments A: Felker 1/ 15066 Stainless Steel Pipe B Douglas C: Aerex 15100 Butterfly Valves A: Bray B: Dresser C: Kennedy D: DeZurik E: Clow F: Mueller Rev. Per Add. No. 1 12/12/12 Bid Form City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00410 -5 CPH Job No. S06118 Addendum No. 1 G: Henry Pratt A: GE 16160 480 Volt Switchboards B: Square D C: I -Line D: Cutler Hammer A: Caterpillar 16216 Standby Generator B: Cummins C: Detroit Diesel A: Square D 16370 Variable Frequency B: Allen Bradley Drives C: Cutler Hammer D: GE A: Square D 16921 480 Volt Motor Control B: Allen Bradley Centers C: Cutler Hammer D: GE Rev. Per Add. No. 1 12112112 Bid Form Citv of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00410 -6 CPH Job No. S06118 Addendum No. 1 ATTACHMENT B LIST OF PROPOSED SUBCONTRACTORS /SHOP FABRICATORS WTP No. 2 Disinfection By- Products Compliance Improvements The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Proposal, the major subcontractor and /or shop fabricator used in the prosecution of the work will be those listed below. Only one (1) subcontractor and /or shop fabricator shall be listed in each category. 2. The Bidder represents that the subcontractors and /or shop fabricators listed below are financially responsible and are qualified to do the work required. (Attach additional sheets if necessary.) CATEGORY NAME /ADDRESS GAC Equipment Manufacturer Calgon Carbon Corporation, P.O. Box 717, Pittsburgh, PA 15230 —> Curry Controls, 4245 S.Pipkin Rd., Lakeland, FL 33811 Instrumentation and Control ' - • -=�"�' °- - • - ' . • + �}I .1 ■� System Supplier ,., :..►. ■.r.,..T., 1FS�1UNDt.,oauu�u. w,. .i.,..__��t „: . .• •..•_ • Site Piping Subcontractor del Bros. Self- Perform ' Go /So /2, Electrical Subcontractor i - ” 8 Zg Ground Storage Tank Construction and Rehabilitation - - • - • • • - • , - • . • - - Subcontractor -+-af Precon Corporation. 115 SW 140th Terrace. Newberry. FL 32669 Ozone Generator System Pinnacle Ozone Solutions, LLC, 3001 Oxbow Circle, Cocoa, Florida 32926 END OF SECTION Rev. Per Add. No. 1 12112112 Bid Form City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00420 -1 CPH Job No. S06118 SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Vogel Bros. Building Co. , as Principal, and (2) Travelers Casualty and Surety Company of America , as Surety, are hereby and firmly bound unto (3) City of Sanford, as Owner, in the penal sum of (4) Five Percent of the Maximum Bid Price 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 a certain Bid for (5) WTP No. 2 Disinfection By- Product Compliance Improvements (IFB 12/13 -05), attached hereto and hereby made a part hereof. 1) 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. November 2012 Bid Bond Form City of Sanford - WTP No. 2 Disinfection By- Products Compliance Improvements 00420 -2 CPH Job No. S06118 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 20th day of December , 2012 Vogel Bros. Building Co. AT` ST: � Princ � -i (P • = •ffic=r :y (Signature of Offi er) Joh'� lian, Vice President of Peter C. Vogel, President ypei Na e an ) Title Opera ions Typed Name and Title 2720 Drane Field Rd. (CORPORATE SEAL) Address Lakeland, FL 33811 City, State, Zip Travelers Casualty and Surety Company of America Surety Path /--- jeci/114 By: �'-� 2 . c7;�?� By Attorney -in -Fact Patti L. Gebhard CSR Peter S. Forker Attorney in Fact Typed Name and Title Typed Name and Title One Tower Square (SEAL) Address Hartford, CT 06183 City, State, Zip 860 277 0111 860 277 7002 Telephone No. Facsimile No. END OF SECTION November 2012 Bid Bond Form WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 41111k POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223615 Certificate No. 005005131 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Amy E. Callahan, Peter S. Forker of Arlington Heights, Illinois, Becky A. Heaston, and Bradley S. Babcock of the City of Waukesha , State of Wisconsin , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 20th day of August 2012 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company , r o . vi i• ,, a w ry Dio 'c' G Q 1� ` . ,,, J FIRE 6w �.,'?, - O F/• H .. i ; 0*. N , JP .i AHp l fTy YY 0 S O �COAFORAtB) n 6 Ji��pp >f m . r y ��� 46` c+ +' 1977 LL €» ' o , HnFRFOw, s wwrFOr% T � < " 6 l 1951 ��' �`•SEALcs '= CONN, n cow+ N 1896 y .a y os `. A o� . 4,72.,!? . ....... , .. . . . . r a 7'w . v AM • l i0' 4 State of Connecticut By: City of Hartford ss. Georg Thompson, senior ice President On this the 20 day of Augu 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. , to.nrotc In Witness Whereof, I hereunto set my hand and official seal. ■ W w� l:. My Commission expires the 30th day of June, 2016. ro p1181` %G * ` Marie C. Tetreault, Notary Public 58440 - 6 - 11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00430 -1 CPH Job No. S06118 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): Trench Safety Measure Units of Measure Unit Unit Cost Extended (Description) (LF, SF, SY) Quantity Cost A .Slon LF 2,000 ;t 12-5.j N 000. B S I I'LL.; Eli s•Ltoo. 0 c D E F TOTAL $ c l,Y1 9 O.`� 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 2-° day of 1>Le , a-e' a- Vogel Bros. Building Co. Biddi Ad Signature Peter C. Vogel, President Printed Name and Title ATTEST: /1- - t v Signature Date (SEAL) END OF SECTION November 2012 Trench Safety Statement Form City of Sanford - WTP No. 2 Disinfection By- Products Compliance Improvements 00432 -1 CPH Job No. S06118 SECTION 00432 NON COLLUSION AFFIDAVIT The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 1 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individual signing this document. Vogel Bro Co. r Bidder Signature of Authorized Representative (Affiant) Date Peter C. Vogel, President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Po I lc STATE OF FLORIDA On this _ 2 day of D2 c.. ,..., , 20 f 2 - , before me, the undersigned Notary Public of the State of Florida, personally appeared Peter C. Vogel whose name(s) is /are subscribed to the within instrument, and he /she /they November 2012 Non Collusion Affidavit Citv of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00432 -2 CPH Job No. S06118 acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced Personally Known , as identification. (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: !2, .2 o /3 ;>'..: Notary Public, State of Florida END OF SECTION ; rrti My Comm. Expires May 12, 2013 ;pt. Commission No. OD 872944 November 2012 Non Collusion Affidavit l City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00434 -1 CPH Job No. S06118 SECTION 00434 CONFLICT OF INTEREST AFFIDAVIT Project Name: WTP No. 2 Disinfection By- Product Compliance Improvements Bid No.: IFB 12/13 -05 The Affiant identified below deposes and states that: 1. The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder 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 Bidder'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 5. Neither the Bidder nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. I certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. I certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. November 2012 Conflict of Interest Affidavit City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00434 -2 CPH Job No. S06118 Vogel Bro Building co. Bidder 2- Signature of Authori ed Representative (Affiant) Date Peter C. Vogel, President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Pad 1 STATE OF FLORIDA On this day of Oe , 20 t z - , before me, the undersigned Notary Public of the State of Florida, personally appeared Peter C. Vogel 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. He /She is personally known to me or has produced Personally Known , as identification. J- � (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: h^-°L`t ' 2- 2 13 gy'''p''' MARY S. SPURLIN ' Notary Public, State of Florida END OF SECTION Mv Comm. Expires May 12, 2013 Commission No. OD 872944 November 2012 Conflict of Interest Affidavit City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00436 -1 CPH Job No. S06118 SECTION 00436 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT Project Name: WTP No. 2 Disinfection By- Product Compliance Improvements Bid No.: IFB 12/13 -05 The Affiant identified below attests to the following: 1. I understand that a "public entity crime" as defined in Section 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 to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. I understand that "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 crimes, 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 guilty or nolo contendere. 3. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how 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 (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for 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 thirty -six (36) months shall be considered an affiliate. 4. I understand that a "person" as defined in Section 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 for the provision of goods or services 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. November 2012 Florida Statutes on Public Entity Crimes Affidavit City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00436 -2 CPH Job No. S06118 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) __ X ___Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to 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 management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) I understand that the submission of this form to the City of Sanford is for the City 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 City prior to entering in to a contract in excess of the threshold amount provided in section 287.017, Florida Statues, for category two of any change in the information contained in this form. Vogel Br•:. Building Co. 72 390679620 Bidde 7, FEIN No. Signature of Auth ed Representative (Affiant) Date Peter C. Vogel, President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Pa Lk STATE OF FLORIDA 44 e-i` 20 1 Z On this ;2 day of � �� L ,before me, the undersigned Notary Public of the State of Florida, personally appeared Peter C VnS7eI 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. He /She is personally known to me or has produced Personally Known , as identification. L h - s - - - %-t ./J . /JO- November 2012 Florida Statutes on Public Entity Crimes Affidavit City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00436 -3 CPH Job No. S06118 (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: Vte► —``">. 12, 1 MARY S. SPURLIN = Notary Public, Sta e of Florida m Comm. Expires a 12, 2013 END OF SECTION ' Commission No. DD 872944 November 2012 Florida Statutes on Public Entity Crimes Affidavit City of Sanford - WTP No. 2 Disinfection Bv- Products Compliance Improvements 00438 -1 CPH Job No. S06118 SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers /Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity which pages /paragraphs of their bid /proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the Bidders documents. Vogel Bros. : uilding Co. Bidder / �«. (1 1/// /L- Zo -j Signature of Authorize epresentative (Affiant) Date Peter C. Vogel, President Printed or Typed Name and Title of Authorized Representative (Affiant) n COUNTY OF r J I lc STATE OF FLORIDA On this _ 2.0 day of , 20 I , before me, the undersigned Notary Public of the State of Florida, personally appeared Peter C. Vogel 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. He /She is personally known to me or has produced Personally Known , as identification. p 9 (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: IAA.— t z 2v r 3 Y ;' ° MARY S. SPURLIN i Notary Public, State of Florida END OF SECTION My Comm. Expires May 12, 2013 Commission No. DD 872944 November 2012 Compliance With The Public Records Law Affidavit Citv of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00440 -1 CPH Job No. S06118 SECTION 00440 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of b4siness. Vogel Bros. Building Co. Name of Bidder 2720 Drane Field Rd., Lakeland, FL 331 863 - 646 - 5078 jjulian @vogelbldg.com Address of Bidder Phone No. of Bidder Bidder E -Mail Address CGC1509018 Bidder's Contractor's License No(s). (As issued by the Florida Dept. Of Business and Professional Regulation Construction Industry Licensing Board) The Bidder is (check one of the following): ( ) An Individual ( ) A Partnership ts A Corporation 2720 Drane Field Rd., Lakeland, FL 33811 Principal Office Address: 1. If Bidder is a corporation, answer the following: 1928 Date of Incorporation: Wisconsin State of Incorporation: Peter C. Vogel President's Name: John Julian and Ross A. Rehfeldt Vice President's Name: 2. If Bidder is an individual or a partnership, answer the following: Date of Organization: Name, Address and Ownership Units of all Partners: State whether general or limited partnership: November 2012 Bidder Qualification Affidavit City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00440 -2 CPH Job No. S06118 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: _Yes x N/A 5. How many years has the Bidder been in business as a Contractor under its present name? 83 6. Under what other former names has the Bidder operated? Not Applicable 7. How many years experience in construction work has the Bidder had as a Prime Contractor? 83 8. List below information concerning projects the Bidder has completed in the last five (5) years as a Prime Contractor for the type of work required for this project (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Bidder named above. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Bidder. 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C Z c g 7 o E t c » 2 m o ' # 2\ c± 0 o m, = m / u m » E = § t = u u m o 2_ 2 a@§& cp 0- -C § = s e w • § • t w o c \ J / § E >. c / y 7 = 2/ y» s E R ° 9 = / 0 ° ..- — C 0) a G ° @ ,_ © 7 ® 2 = 5 a = g ® S e \ E # co .(0 8 (0 3/ 2 4 % 2 7 2 2 0 \ \ 2& 2 0 0 0 0 s § § 00 a 3 tn 2 ° k 0 u IP o 0 VI • - 0 0 3 117 2 N C Z a 6 e G Z } Lu k ° N , 0 o z 0 as 17- § z / 2 I- o 0 0 e z 2 7 2 0 « u LU z z § k m S q q S / - o j m \ j \ \ / / 5 \ • o » 7 § E § % Z Z » a { 2 7 e O 0 / E • ) § m O k qƒ / a 3 q cc w Z o m Z 7< o L § cE § 2 > ) z z \ \ LL < 0 > ® c no N 2 § Z k ■ % t Ti,. 3 f » ® e» ~ Z e g (D O Q 7 c 2 k 1— a _ f 2 \ \ \ a }\ 0 § CO j B k � § o -0 2 z @ / ( _{ W \ D. 3 « f E /§ = 0 § § R $ 2 ~ City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00440 -3 CPH Job No. S06118 Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount 9. Has the Bidder ever failed to complete any work awarded to it? If so, state when, where and why (attach additional sheets as necessary). No. November 2012 Bidder Qualification Affidavit City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00440 -4 CPH Job No. S06118 10. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore (attach additional sheets as necessary). No. 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Bidder (attach additional sheets as necessary): No other firms. Bidder's bonding capacity? 12. What is the Bidde g ? p y Single projects in excess of $17,000,000 Aggregate work program of up to $80,000,000. 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? $17.5 Million aggregate. 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: Travelers Casualty and Surety Company of America Bonding Agent: The Forker Company, N19 W24101 N. Riverwood Dr., Waukesha, WI 53188, Contact: Brad Babcock (262) 347 -2649 15. Has the Bidder been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). As with any construction company of our size, Vogel Bros. becomes involved in litigation. Please see attached. We have no judgments, claims, arbitration proceedings or suits pending or outstanding against Owners /Clients. November 2012 Bidder Qualification Affidavit P. .0 a+ m as N O O Z `° z z J C d n t "0 a L ) L a a) O 0 "C O U C co 2 a) 15 7 (L a) p a) M N N C a) ° O d u N Or- O N N • r. - � co Z a+ L ,- ` p C co Q. 1-0 2 >i M • a) > _ d N Q 2 0 7 N o Ea 2 0 . - E 0 0 to- E C O -p p V O O co - • co 0 "O 0 E d 7 C E C O 2 a) +. C 2 2 Q u) U) co co c0 Eta Z c0 rte.. o. co co C 0 +r (A C vi 'a D) a • _ ) ° U co °ZO a) p 0 • N a) t 0 '- N O a) TI C N C 7 a a) O ° C 0 0 "" ( I ) O C a) 0 Rf ) • O N = a0 a+ • c.0 U _ a) 0 a)� EA • O a 7 N O a) • c5 U) EA Q. 7 O O p w E > - 0 c O �' T c L O M "O co o m.� E a) J o � W c a o � j o v 2 10 c o I. co E a) a) " _ E a E CO p c 0 a E ° p a) Q CO 'C -p 4 - C a)> N (0 ° ( C O N Q ° N . U w a) Q a) C O o U O +o p a) 0 O a)•- 1- L> p 0 a) O ... p > p c p C to •C D) N N C C O N 7. a3 O a) E t fo 0 a p - O W Q N ` 0 > i LL C a) C Q 3 o O l • u) 0 a� 3 m ' Cl) L L 0 o -c" CD c N. O O v O C m= co O a) 0 'a) E o 0 2 a) U m cB s m (1) N c QQ.E N 0U 0� � C H c = 7 co • j +r .0 Q u) ° U E o . 2 C o co a) .:.= a) c a) Q 3 +' O U O O -O d N N W J N _ N + ." . . - U �? w � �_ ,- M t o . ° a) O O to _ O Q. E 0 c N p c) , a Q 'O U F- � C CO ` U >, E 0 y u Q O U U . - C Oj Y i N 73 Q Y • Q w O C Q- J as CO p • 0 N M 0 0 .� .- p c0 > a) o m m C2 C ,_ d �. -Nan - >--1 OU)a Z I- U) Z Q Z O < Da W E U f0 w m I- 0 0 0 06 N p � p 0 W Q} u..0 Z O' 10 Z Uj Z J�00 coQQ >-I -) OJO1 - U Uj a) a) f'�U� 0 O— .2 O W O Z O' W U < O � N) � � = O Z � 2 - WI -- -.I 1-1-1 D. -p Ili m a0 >c W U' 2 J_ ea D O D O D CC D 2 O O O. cn w cn 0 w CO I- cn < > 0 City of Sanford — WTP No. 2 Disinfection By- Products Compliance Improvements 00440 -5 CPH Job No. S06118 The Bidder acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the City in awarding the contract and such information is warranted by Bidder to be true. The discovery of any omission or misstatement that materially affects the Bidder's qualifications to perform under the contract shall cause the City to reject the bid or proposal, and if after the award to cancel and terminate the award and /or contract. Vogel Bros. Building Co. Name • • der Signature of Authori ed Representative (Affiant) Date Peter C. Vogel, President Printed or Typed Name and Title of Authorized Representative ( Affiant) n COUNTY OF 1 v iv_ STATE OF FLORIDA On this _20 44- day of , 20 i 2-- , before me, the undersigned Notary Public of the State of Florida, personally appeared Peter C Vogel 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. He /She is personally known to me or has produced Personally Known , as identification. �f (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: r 2 2—.9 13 F '=+ . MARY S. SPURLIN END OF SECTION , ,, o tary Public, State of Florida My Comm. Expires May 12, 2013 ti'. „r.mission No. DD 872944 November 2012 Bidder Qualification Affidavit City of Sanford — WTP No. 2 Disinfection Bv- Products Compliance Improvements 00442 -1 CPH Job No. S06118 SECTION 00442 RECEIPT OF EXEMPT PUBLIC RECORDS AND AGREEMENT TO SAFEGUARD Project Name: WTP No. 2 Disinfection By- Product Compliance Improvements Bid No.: IFB 12/13 -05 The undersigned and the below named company is the recipient of certain documents and by signing this document hereby certifies that the company named below hereby agrees and acknowledges that in accordance with the provisions of Florida Statute 119.07(1) and 24(a), Article 1 of the State of Florida Constitution), that any and all documents such as building plans, blueprints, schematic drawings and diagrams, regardless of the status of the documents (draft, preliminary or final) which depict the internal layout and structural elements of a proposed or existing public building, arena, stadium, water treatment facility, wastewater treatment facility, or other structure owned or operated by the City of Sanford that have been provided to the recipient by the City of Sanford are exempt from the Public Records Law of the State of Florida as set forth in the above reverenced law. The recipient hereby acknowledges its obligation to maintain the exempt status of this information and agrees to fully maintain, in every respect, the exempt status of the documents and protect and safeguard the documents from public dissemination. The recipient recognizes that the purpose of this exemption is to protect the City of Sanford, its citizens and the general public from acts of terrorism. The statement of the recipient made herein includes binding representations with regard to the following persons and entities, without limitation: all subcontractors (potential or contracted) of recipient, all employees, agents, officers and any other persons associated with recipient. The recipient shall ensure that all said persons and entities are advised of and agree to protect the exempt nature of the above referenced documents and to safeguard same prior to permitting any of the above said persons or entities to have access to the referenced documents. The recipient may use the referenced documents to make Bids upon an exempt municipal project in coordination with such persons and entities, provided recipient ensures that the exempt status and control of the documents is protected. The following list of specific documents, provided to the recipient as documented below, which are exempt from the Statutes indicated and as provided above: 1. All drawings per Specification Section 00015 as prepared by CPH Engineers, Inc. for the project. 2. 3. 4. Recipient: November 2012 Receipt of Exempt Public Records And Agreement To Safeguard City of S rd — WTP No. 2 Di infec ' By-Products Compliance Improvements 00442 -2 CPH J o 506118_ Signature Date Peter C. Vogel, President Printed or Typed Name and Title Representing: Vogel Bros. Building Co. Name of Company 2720 Drane Field Rd., Lakeland, FL 33811 863 646 - 5078 Company Address Phone No. END OF SECTION November 2012 Receipt of Exempt Public Records And Agreement To Safeguard kit, A , p h" eed i, y�c�" �� RM e ed i, pa WS n Item No. 9 • D � 187'7 CITY COMMISSION MEMORANDUM 13-020 JANUARY 28, 2013 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Water Treatment Plant No. 2 Disinfection B roducts Compliance Bid # IFB 12/13 -05; Award to Vogel Bros uilding Co. SYNOPSIS: / Approval to award the Water Treatment Plant (WTP) No. 2 Disinfection By- Products Compliance Bid to Vogel Bros. Building Co., a Wisconsin corporation, (Vogel), as the lowest responsive and responsible bidder is requested. FISCAL/STAFFING STATEMENT: The cost of the project is $6,900,000. Funding will come from the Florida Department of Environmental Protection State Revolving Fund loan/grant program. BACKGROUND: Bids were opened December 20, 2012 for WTP No. 2. After a detailed review of the bids received and evaluation by the City staff and CPH, it has been determined that Vogel is the lowest bidder for the construction upgrades at WTP No. 2. The Disinfection By- Product treatment process upgrades are required to meet a more stringent Federal rule which will become effective in October, 2013. This project is listed under the Utility 5 year CIP and involves replacing and adding new pipes as well as addition of ozone to remove sulfide odors and granular activated carbon to remove disinfection by- products precursors. LEGAL REVIEW: The City Attorney has no legal objection if an appropriate agreement is entered in accordance with City Purchasing Policies. RECOMMENDATION: It is staff's recommendation that the subject bid be awarded to Vogel as the lowest responsive and responsible bidder in the amount of $6,900,000. SECTION 00510 NOTICE OF AWARD To: Vogel Bros. Building Co. 2720 Drane Field Rd. Lakeland, FL 33811 NAME OF PROJECT: WTP No. 2 Disinfection By- Product Compliance Improvements (IFB No. 12/13-05) The OWNER has considered the BID submitted by you, dated December 20, 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 the Lump Sum Bid Price in the amount of $6,900,000.00. 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 i2 day of F v?o OWNER: City of Sanford (Name of OWNER) By (Signat ) Thomas J. George, Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of he -bove NOTIC OF AWARD is hereby acknowledged by Vogel Bros. Building Co. this a0 /, day F���� -��\ , 9-0 t3 . B Peter C. Vogel - President Printed Name and Title Upsala Rd. Utility Relocations NOTICE OF AWARD 00510 -1