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1192-JP Pavers Solutions LLCCITY OF SANFORD AGREEMENT THIS AGREEMENT made and entered into the 12 44 day of 1 ,(1L -ern -fr , 2007 by and between the: City of Sanford, 300 North Park Avenue, Sanford, Florida 32771 a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" and: JP Pavers Solutions, LLC a Limited Liability Company authorized to do business in the State of Florida, whose principal and local address is 5503 Axiom Ave., Orlando, FL 32839 hereinafter referred to as the CONTRACTOR. The CITY and the CONTRACTOR are collectively referred to herein as the Parties WI TNESSETH: WHEREAS, the CITY desires to retain the CONTRACTOR for the work identified in the bid and /or proposal specifications outlined in IFB 06/07 -26, Installation of brick pavers in islands at various locations in the City of Sanford; and WHEREAS, the CITY desires to retain the CONTRACTOR to furnish goods and /or services and perform those tasks generally described in Section 2, and made part hereof, as subsequently specifically set out in Purchase/Work Orders to be issued under this Agreement; and WHEREAS, the CITY desires to employ the CONTRACTOR for the performance to support the activities, programs and projects of the CITY upon the terms and conditions hereinafter set forth, and the CONTRACTOR is desirous of performing and providing such services upon said terms and conditions; and WHEREAS, the CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY; and WHEREAS, all submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties Page 1 hereto as follows: SECTION 1: GENERAL PROVISIONS. (a). The term "CONTRACTOR" as used in this Agreement is hereby defined herein to include all principals of the CONTRACTOR including, but not limited to, full time employees, professional or otherwise, and all other, agents, employees and /or subcontractors retained by the CONTRACTOR to perform its obligations hereunder. (b). The CONTRACTOR acknowledges that the CITY may retain other service providers to provide the same services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other service providers for CITY projects. The CITY reserves the right to select which service provider shall provide services for the CITY projects. (c). The CONTRACTOR agrees to provide and ensure coordination between goods/ services providers. (d). This Agreement is for goods and /or services pertaining to IFB 06/07 -26 needed for the CITY's development of traffic islands at various locations as set forth herein and as otherwise directed by the CITY to include all labor and materials that may be required in accordance with the referenced bid solicitation and response by JP Pavers Solutions, LLC. (e). The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (f). 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. (g). Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement to include, but not be limited to, each Purchase/Work Order. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement and each Work Order. (h). When the term "law" is used herein, said phrase shall include statutes, codes, rule and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. Page 2 T ► t (i). Packages must be plainly marked with the shipper's name and the Purchase Order Number; charges are not allowed for boxing or crating unless previously agreed upon in writing. 0). All materials must be shipped F.O.B. Destination. The CITY will not pay freight or express charges, except by previous agreement. CONTRACTOR shall PREPAY SHIPPING CHARGES AND ADD TO INVOICE. Delivery must actually be affected within the time stated on Purchase Order. The CITY reserves the right to cancel this order and purchase elsewhere if delivery is not timely as stated on the Purchase Order. Deliveries shall be made between 8:00 A.M. and 5:00 P.M., Monday through Friday unless otherwise stated. In case of default by the CONTRACTOR, the CITY may procure the articles or service covered by this order from other sources and hold the vendor responsible for any excess expense occasionally thereby. (k). The CONTRACTOR shall furnish the CITY with a current Material Safety Data Sheet (MSDS) on or before delivery of each and every hazardous chemical or substance purchased. Appropriate labels and MSDSs shall be provided for all shipments. (1). The CONTRACTOR hereby guarantees the CITY that all material, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. (m). It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. (n). 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. (o). No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. SECTION 2: SCOPE OF SERVICES. Page 3 (a). The Scope of Services is attached hereto as Exhibit "A ". (b). The CONTRACTOR shall diligently and in a professional and timely manner perform and provide the services included in each subsequently entered Purchase/Work Order. Unless modified in writing by the parties hereto, the duties of the CONTRACTOR shall not be construed to exceed the provision of the goods and /or services pertaining to this Agreement. SECTION 3: PURCHASE/WORK ORDERS. (a). The provision of goods and /or services to be performed under the provisions of this Agreement shall be commenced upon the execution of this Agreement. Services to be performed or provided by the CONTRACTOR to the CITY, shall be authorized in written Purchase/Work Orders issued by the CITY on a form provided by the CITY. Purchase/Work Orders executed by the CITY shall include a detailed description of quantities, services and a completion schedule. The CONTRACTOR shall review Purchase/Work Orders and notify the CITY in writing of inadequacies for the CITY correction, if warranted. (b). If the services required to be performed by a Work Order is clearly defined, the Work Order shall be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform all services required by the Work Order but, in no event, shall the CONTRACTOR be paid more than the negotiated Fixed Fee amount stated therein. (c). If the services are not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Not -to- Exceed amount. If a Not -to- Exceed amount is provided, the CONTRACTOR shall perform all work required by the Work Order; but, in no event, shall the CONTRACTOR be paid more than the Not -to- Exceed amount specified in the applicable Work Order. (d). If the services are not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Limitation of Funds amount. The CONTRACTOR is not authorized to exceed that amount without the prior written approval of the CITY. Said approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The CONTRACTOR shall advise the CITY whenever the CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty percent (80 %) of the Limitation of Funds amount. (e). For Work Orders issued on a "Fixed Fee Basis," the CONTRACTOR may invoice the amount due based on the percentage of total Work Order services actually performed and completed; but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually Page 4 completed. (f). For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount, the CONTRACTOR may invoice the amount due for actual work hours performed but, in no event, shall the invoice amount exceed a percentage of the Not -to- Exceed amount equal to a percentage of the total services actually completed. (g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not -to- Exceed amount shall be treated separately for retainage purposes. If the CITY determines that work is substantially complete and the amount retained is considered to be in excess, the CITY may, at its sole and absolute discretion, release the retainage or any portion thereof. (h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the CONTRACTOR may invoice the amount due for services actually performed and completed. The CITY shall pay the CONTRACTOR one hundred percent (100 %) of the approved amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount. (i). Payments shall be made by the CITY to the CONTRACTOR when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. The CONTRACTOR shall render to the CITY, at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the CONTRACTOR, Work Order Number, Contract Number and all other information required by this Agreement. SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED. 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 to be identified in the Purchase/Work Orders, and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY Projects. Execution of a Purchase/Work Order shall be an affirmative and irrefutable representation by the CONTRACTOR to the CITY that the CONTRACTOR is fully familiar with any and all requisite work conditions of the provisions of the goods and /or services. Page 5 SECTION 5: CHANGE ORDERS. (a). The CITY may revise the scope of services set forth in any particular Purchase/Work Order. (b). Revisions to any Purchase/Work Order shall be authorized in writing by the CITY as a Change Order. Each Change Order shall include a schedule of completion for the goods and /or services authorized. Change Orders shall identify this Agreement and the appropriate Purchase/Work Order number. The Change Orders may contain additional instructions or provisions specific upon certain aspects of this Agreement pertinent to the goods and /or services to be provided. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. An Agreement between the parties on and execution of any Change Order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged goods and /or work, including all direct and indirect costs of whatever nature, and all adjustments to the CONTRACTOR schedule. SECTION 6: CONTRACTOR RESPONSIBILITIES. (a) . The CONSULTANT 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 CONSULTANT under this Agreement as well as the conduct of its staff, personnel, employees and agents. All CONSULTANT employees shall at all times when performing work wear identification badges which, at a minimum, provides the name of the employee and the CONSULTANT. (b) The CONSULTANT shall provide to the CITY a list of employees working on the project. The CONSULTANT shall provide to the CITY a list of employee working days, times and assignments within forty -eight (48) hours of the CITY's written request for such information. This information, when requested by the CITY, shall be provided to the CITY prior to the employees of the CONSULTANT entering the CITY's premises. (c) The CONSULTANT 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 CONSULTANT 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: i.) Fingerprinting in accordance with the CITY's pre - employment procedures, ii.) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation, and Page 6 iii.) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONSULTANT 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 CONSULTANT 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 CONSULTANT shall release such information upon approval of the employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. (d) The CONSULTANT shall work closely with the CITY on all aspects of the provision of the services. The CONSULTANT 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 only 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 CONSULTANT under this Agreement. The CONSULTANT 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 CONSULTANT's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. (e) Neither the CITY's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONSULTANT shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONSULTANT's negligent or improper performance or failure to perform any of the services furnished under this Agreement. (f) The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. (g) Time is of the essence in the performance of all services provided by the CONSULTANT under the terms of this Agreement and each and every Work Order. (h) The CONSULTANT shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases Page 7 i \ . 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 CONSULTANT hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. SECTION 7: CITY RIGHTS AND RESPONSIBILITIES. (a). The CITY shall reasonably cooperate with the CONTRACTOR in a timely fashion at no cost to the CONTRACTOR as set forth in this Section. (b). The CITY shall furnish a CITY representative, as appointed by the designated representative to administer, review and coordinate the provision of services under Purchase/Work Orders. (c). The CITY shall make CITY personnel available where, in the CITY's opinion, they are required and necessary to assist the CONTRACTOR. The availability and necessity of said personnel to assist the CONTRACTOR shall be determined solely at the discretion of the CITY. (d). The CITY shall examine all of the CONTRACTOR goods and /or services and indicate the CITY's approval or disapproval within a reasonable time so as not to materially delay the provisions of the goods and /or services of the CONTRACTOR. (e). The CITY shall transmit instructions, relevant information, and provide interpretation and definition of CITY policies and decisions with respect to any and all materials and other matters pertinent to the services covered by this Agreement. (f). The CITY shall give written notice to the CONTRACTOR whenever the CITY designated representative knows of a development that affects the goods and /or services provided and performed under this Agreement, timing of the CONTRACTOR's provision of goods and /or services, or a defect or change necessary in the goods and /or services of the CONTRACTOR. (g). The rights and remedies of the CITY provided for under this Agreement are in addition to any other rights and remedies provided by law; the CITY may assert its right of recovery by any appropriate means including, but not limited to, set -off, suit, withholding, recoupment, or counterclaim, either during or after performance of this Agreement. (h). The CITY shall be entitled to recover any and all legal costs including, but not limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and conditions of this Agreement or the Page 8 responsibilities of the CONTRACTOR in carrying out the duties and responsibilities deriving from this Agreement. (i). 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. Q). 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 nor or any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and always remain liable to the CITY in accordance with applicable law for any and all damages to the CITY caused by the CONTRACTOR's negligent or wrongful provision or performance of any of the goods and /or services furnished under this Agreement. (k). All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the CONTRACTOR's services or have been created during the course of the CONTRACTOR's performance under this Agreement shall become the property of the CITY after final payment is made to the CONTRACTOR. SECTION 8: COMPENSATION. (a). Compensation to the CONTRACTOR for the goods and /or services performed on each Work Order shall be as set forth the Work Order or as set forth in Exhibit "B" which enumerates hourly rates and other charges of the CONTRACTOR. (b). There are no reimbursable expenses to be paid to the CONTRACTOR. (c). Work performed by the CONTRACTOR without written approval by the CITY's designated representative shall not be compensated. Any work performed by the CONTRACTOR, without approval by the CITY, is performed at the CONTRACTOR's own election. SECTION 9. INVOICE PROCESS. (a). 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. (b). The CONTRACTOR will be notified of any disputable items contained in invoices Page 9 , r I. submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. (c). The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. (d). Each invoice shall reference this Agreement, the appropriate Work Order and Change Order if applicable, and billing period. (e). The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and /or services referenced in an invoice. (f). Invoices are to be forwarded directly to: Finance Department City Of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 SECTION 10: COMMENCEMENT /IMPLEMENTATION SCHEDULE OF AGREEMENT. (a). The CONTRACTOR shall commence the provision of goods and /or services as described in this Agreement immediately upon execution of this Agreement. The CITY may seek other firms to provide the same services. (b). The CONTRACTOR and the CITY agree to make every effort to adhere to the schedules established for the various Purchase/Work Orders as described in each Purchase/Work Order However, if the CONTRACTOR is delayed at any time in the provision of goods and /or services by any act or omission of the CITY, or of any employee of the CITY, or by any other contractor employed by the CITY, or by changes ordered by the CITY, or by strikes, lock outs, fire, unusual delay in transportation, unavoidable casualties, or any other causes of force majeure not resulting from the inactions or actions of the CONTRACTOR and beyond the CONTRACTOR's control which would not reasonably be expected to occur in connection with or during performance or provision of the goods and /or services, or by delay authorized by the CITY pending a decision, or by any cause which the CITY shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the CITY may decide in its sole and absolute discretion. It is further expressly understood and agreed that the CONTRACTOR shall not be entitled to any damages or compensation, or be reimbursed for any losses on account of any delay or delays resulting from any of Page 10 the aforesaid causes or any other cause whatsoever. SECTION 11. TERM /LENGTH OF AGREEMENT. (a). The initial term of this Agreement shall be for a period of one (1) year(s). (b). After the initial term, this Agreement shall be renewed upon agreement of the City and the Contractor with all pricing remaining the same, except the City may authorize a price adjustment based on the CPI -U for the twelve month period preceeding the date the contract is consisered for renewal. (c). The maximum term for this Agreement and all renewals is a cumulative term of three (_2J years. SECTION 12: DESIGNATED REPRESENTATIVES. (a). The CITY designates the City Manager or his designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. (b). The City Manager or his designated representative, shall have the following responsibilities: (1). Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; (2). Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; (3). Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and (4). Coordinating and managing the CONTRACTOR preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. (c). Until further notice from the City Manager, the designated representative for this Agreement is: Fred Mueller, Project Manager Page 11 City Of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 Telephone Number: (407) 330- (d). The CONTRACTOR desi o ted representative is: SP PG YC Y S �O �� 1� 0 �► S SECTION 13: TERMINATION /SUSPENSION OF AGREEMENT. (a). The CITY may terminate this Agreement or any Purchase/Work Order for convenience at any time or this Agreement or any Purchase/Work Order for any one (1) or more of the reasons as follows: (1). If, in the CITY's opinion, adequate progress to be provided or under a Purchase/Work Order is not being made by the CONTRACTOR due to the CONTRACTOR failure to perform; or (2). 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 (3). The CONTRACTOR or any employee or agent of the CONTRACTOR is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or (4). The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or (5). The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of State or local law or any provision of the City Code of Conduct. (b). In the event of any of the causes described in this Section, the CITY's Designated Representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement or any Purchase/Work Order should not be terminated. If assurance satisfactory to the CITY of corrective measures Page 12 to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement or any Purchase/Work Order in progress under this Agreement. (c). In the event that this Agreement or a Purchase/Work Order 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. SECTION 14. TERMINATION BY CONTRACTOR FOR CAUSE. (a). The CONTRACTOR may cancel this Agreement if: (1). The CITY materially fails to meet its obligations and responsibilities as contained in the CITY's Rights and Responsibilities; or (2). The CITY fails to pay the CONTRACTOR in accordance with this Agreement. (b). In the event of either of the causes described in Subsection (a), the CONTRACTOR shall send a certified letter requesting that the CITY show cause why the Agreement should not be terminated. If adequate assurances are not given to the CONTRACTOR within fifteen (15) days of the receipt by the CITY of said show cause notice, then the CONTRACTOR may consider the CITY to be in default, and may immediately terminate this Agreement. SECTION 15. TERMINATION BY THE CITY WITHOUT CAUSE. (a). Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, or terminate any specific Purchase/Work Order without cause, if such termination is deemed by the CITY to be in the public interest, provided that thirty (30) days prior written notice is given to the CONTRACTOR of the CITY's intent to terminate. (b). In the event that this Agreement is terminated, the CITY shall identify any specific Work Order(s) being terminated and the specific Purchase/Work Order(s) to be continued to completion pursuant to the provisions of this Agreement. (c). This Agreement will remain in full force and effect as to all authorized Purchase/Work Order(s) that is /are to be continued to completion. Page 13 (d). 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. SECTION 16. PAYMENT IN THE EVENT OF TERMINATION. In the event this Agreement or any Purchase/Work Order 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. SECTION 17. ACTION FOLLOWING TERMINATION. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. SECTION 18. SUSPENSION. (a). The performance or provision of the CONTRACTOR services under any Purchase/Work Order under this Agreement may be suspended by the CITY at any time. (b). In the event the CITY suspends the performance or provision of the CONTRACTOR 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 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. (c). 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. SECTION 19: EQUAL OPPORTUNITY EMPLOYMENT /NON- DISCRIMINATION. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, Page 14 religion, sex, age, national origin or disability and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. SECTION 20: 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, attorneys fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or part by the error, omission, negligent act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the CONTRACTOR, its agents, servants, officers, officials, employees, or subcontractors. (b). In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. (c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. (d). In claims against any person or entity indemnified under this Section by an employee of the CONTRACTOR or its agents or subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or its agents or subcontractors, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. (e). The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision in this Agreement; however, the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverages. Page 15 SECTION 21. INSURANCE. (a). The CONTRACTOR shall obtain or possess and continuously maintain the following insurance coverage, from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of Florida and in a form acceptable to the City and with only such terms and conditions as may be acceptable to the CITY: (1). Workers Compensation / Employer Liability: The CONTRACTOR shall provide Worker Compensation insurance for all of their employees. The limits will be the statutory limits for Worker Compensation insurance and $1,000,000 Combined Single Limit (CSL) for Employer Liability. (2). Comprehensive General Liability: The CONTRACTOR shall provide coverage for all operations including, but not limited to, contractual, products and complete operations and personal injury. The limits will not be less than $1,000,000 CSL or its equivalent. (3). Comprehensive Business Automobile Vessel Liability: The CONTRACTOR shall provide complete coverage for owned and non -owned vehicles for limits not less than $1,000,000 CSL or its equivalent. Vessels shall be included in such coverage if used in providing services to the CITY. (4). Professional Liability: The CONTRACTOR shall provide professional liability insurance as well as errors and omission insurance in a minimum amount of $1,000,000 CSL or its equivalent. (b). All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. All insurance minimum coverages extend to any subcontractor, and the CONTRACTOR shall be responsible for all subcontractors. (c). The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first 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 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 Page 16 (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with an insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. (d). The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. (e). The CONTRACTOR shall furnish Certificate of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. (f). Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. (g). The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. (h). The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. (i). All insurance shall be primary to, and not contribute with, any insurance or self - insurance maintained by the CITY. SECTION 22: STANDARDS OF CONDUCT. (a). The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. Page 17 (b). The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. (c). 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. (d). 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. (e). If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his or her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. (f). The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. (g). 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. (h). 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. (i). 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. Page 18 (j). 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. (k). 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 /NA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A (e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. (1). 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. (m). 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. (n). 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. (o). The CONTRACTOR shall advise the CITY in writing 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. (p). The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. SECTION 23: ACCESS TO RECORDS /AUDIT /PUBLIC RECORDS. (a). The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services Page 19 under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. (b). The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. (c). 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. (d). In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. (e). 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. (f). The CONTRACTOR agrees to fully comply with all State laws relating to public records. (g). 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. SECTION 24: CODES AND DESIGN STANDARDS (a). All the goods and /or services to be provided for performed by the Page 20 CONTRACTOR shall in the minimum be in conformance with commonly accepted industry and professional codes and standards, standards of the CITY, and the laws of any Federal, State or local regulatory agencies. (b). The CONTRACTOR shall be responsible for keeping apprised of any changing laws, applicable to the goods and /or services to be performed under this Agreement. SECTION 25: ASSIGNABILITY (a). 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. (b). The CONTRACTOR agrees to reasonably participate in the contract "piggybacking" programs pertinent to local governments. SECTION 26: SUBCONTRACTORS. (a). Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. (b). 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. (c). Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. (d). The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY consultants and professionals. SECTION 27: CONTROLLING LAWS/VENUE /INTERPRETATION. (a). This Agreement is to be governed by the laws of the State of Florida. Page 21 (b). Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. (c). This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. SECTION 28: FORCE MAJEURE. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. SECTION 29: EXTENT OF AGREEMENT /INTERGRATION /AMENDMENT. (a). This Agreement, together with the Exhibits, 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. (b). This Agreement may only be amended, supplemented or modified by a formal written amendment. (c). Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 30: NOTICES. (a). Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, Page 22 addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. (b). For the present, the parties designate the following as the representative places for giving of notice, to -wit: (1). For the CITY: F. William Smith, Purchasing Manager City Of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 Telephone Number: (407) 330 -5610 Facsimile Number: (407) 330 -5666 Email Address: (2). For the CONTRACTOR. W OAna k iW 0 ,1 61 �ti Or ��at�,T23� � l/o2- �63 (c). Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. SECTION 31. WAIVER. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 32. NO GENERAL CITY OBLIGATION. (a). In no event shall any obligation of the CITY under this Agreement be or Page 23 constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. (b). The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. SECTION 33. EXHIBITS. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. SECTION 34. CAPTIONS. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. SECTION 35. SEVERABILITY /CONSTRUCTION. (a). If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. (b). All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. (c). Violation of this Agreement by the CONTRACTOR is recognized by the parties to constitute irreparable harm to the CITY. SECTION 36. ALTERNATIVE DISPUTE RESOLUTION (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. Page 24 1. Place bedding of sand over 6' of compacted crushed concrete fines and 71 4,5,3 il brick pavers, labor and material for a cost per Square Foot of $ 3.41 (gora (Bartie4oA 2. Place bedding of sand over base provided by others 77 install b clk pavers, la r and material for a cost per Square Foot of $ 3 raj 4q- 33 5a rcllo,+� 3. Place bedding of sand over 6' of compacted crushed concrete fines and install brick pavers, labor sand and base material (Excluding cost of brick pavers) for a cost per Square Foot of $ I . 15S 4. Place bedding of sand over base provided by others, and Install brick pavers, labor and sand maWal (Excluding cost of brick pavers) for a cost per Square Foot of $ 1S After brick pavers are installed, sweep sand into joints to complete interlocking process. Excavation of island area is to be done by others and is not included in this bid. Each project varies in size from 180 square feet to 800 square feet. Bids shall be on the Bid Form. 1.04 SUBMITTED, signed and sealed this day of •— ��X� ="' J19 Qa rs S. Iv k o t&s �J1,C- Bidde ror 1 Z /�' ^� By gnature) Date Printed Name and Title _ 55n.3 ak i o w t Business Address 01I_ 14AKlrip , L 3� �3 (CORPORATE SEAL) 'i' ( 4 fate p Code 07 63 - 6 0 .Z - z.& Telephone No. Facsimile No. Comments: MARK THE EXTERIOR OF ENVELOPE CONTAINING YOUR BID RESPONSE: YOUR COMPANY NAME & ADDRESS AS THE RETURN ADDRESS ADDRESS OR DELIVER TO: William Smith, Purchasing Agent; City of Sanford P.O. Box 1788 (300 N. Park Avenue, Room 236); Sanford, FL 32772 IN LOWER LEFT CORNER OF ENVELOPE, PROVIDE THE FOLLOWING: IFS 06107-26 Installation of Brick Pavers Open Date: Sept 18, 2007 Open Time: 2:00 p.m. This Form Must Be Completed and Returned with your Bid f e The entity submitting this sworn statement, or one of its officers, directors, executives, partners, oiders, employees, members, or agents who are active in the management of the entity, or any of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not In the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN T INFORM T NN 0NTAINED IN THIS FORM. /iGc "ly1Ct/ 09�y� signature) � 7 (date) State of Florida o u6mv= County of On this .L"y of , 20 17 , before me, the undersigned Notary Public of the State of Florid ers Wally app Y4 A ' a O� and ame(s) of individuals who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she /they acknowledge that he/she /they executed it. WITNESS my hand and official seal. NOTARY P LIC, STATE OF FLORIDA NOTARY PUBLIC JAMS/ Dull SEAL OF OFFICE: (Name of Notary Publi : Print, Stamp, or Type as Commissioned.) _ P "ally known to me, or roduga idq�nt v tion: DYt Ei Qr— bPnrl� A0�ry Tq, ,441% 4'* 16 210,., ype of Identification Produced) _ DID take an oath, or _ DID NOT take an oath. FORM NO. PEC 15.204 IFB 06/07 -26 installation of Brick Pavers THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID 17 Certification of Nonsegregated Facilities By affixing his signature to this form, the Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid, As used in this certification, the term segregated facilities means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race, color, religious disability or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: 09 //#/a 7 Ely; 0,-tA - 1A lilt ' v ' TuliaKA, - Print Official Address: 550-4 ov "o m a i�... 01161vtoto. pL3 .2f3ll FORM NO. SFAC 16.204 IFB 06/07 -26 Installation of Brick Pavers THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID 18 .. 4 Insurance And Bonding Requirements Which Must Be Met 1. The CONTRACTOR bidder shall be required to provide, to the Purchasing Agent, prior to signing a contract for or commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Compliance of said certificate must be acknowledged by the Purchasing Agent prior to start of work. Any work initiated without completion of this requirement shall be unauthorized and the City of Sanford will not be responsible. 2. The City of Sanford reserves the right to require coverage and limits as considered to be in its best interests. Insurance requirements shall be on a case by case basis determined by the project, conditions and exposure. 3. Except for Professional Liability Policies, when required, all policies are to be endorsed to include the City of Sanford as Additional Insured. In the cancellation clause the number 11 30" shall be Inserted into the blank space provided prior to the words "days prior notice... ". All contractor policies are to be considered primary to City coverage and shall not contain co- insurance provisions. 4. In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. 5. Subcontractors retained by the Prime Contractor are the responsibility of said Prime Contractor in all respects 6. Insurance requirements: Workers' Compensation Statutory Commercial General Liability induding Contractual Liability, Products and $ 1,000,000 per occurrence Completed Operations, XCU and Owners and Contractors Protective $2,000,000 aggregate Comprehensive Auto Liability, CSL, shall Include "any auto' $ 1,000,000 (NU I t: All limits are per occurrence and must Include Bodily Injury and Property Damage. All policies must be written on occurrence form and not on claims made form.) (All deductibles and self insured retentions must be approved by the City of Sanford.) (AII insurers must have an A.M. Best rating of at least A: VI L) 7. Bonding Required: No bonding required for this project 8. It is noted that failure to provide of an certificate of insurance in compliance with the above within FOUR (4) days of notification of award and to continue the coverage without a break. At the discretion of the City of Sanford a bidder /contractor may be placed In default status if required insurance coverage or bonding is not maintained without a break in coverage. I hereby certify that if the contractor on whose behalf this information is submitted is awarded a contract for any portion of the work contemplated, the insurance and bonding requirements outlined above shall be met as required. . P. Payrrs ,so �i. 091 / Date Authorized. Signature Title FORM NO. INS 17.204 IFB 06/07 -26 Installation of Brick Pavers THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID 19 I t 1 I 1 Conflict of Interest Statement 1. .� o 11 A N 0- R . L n'1 of — f- V. - VA Vt It So Iv frgKg deposes and states that Name of Affiant Name of Company 2. The above named entity is submitting an Expression of Interest for the City of Sanford project identified below. 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 4. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affant nor the above named entity has directly or Indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating In contract lettings by any local, state, or federal agency. 7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will Immediately notify the City of Sqnfprd In writing. / 0 91 y1 0 7 Signature of Affiaa bite nnt a /1. w X / . L i w, .v✓ Typed or Print me of Affiant Title State of Flori a, County of On this day of , 200-1 before me, the undersigned Notary Public of the State of Florida rso ally a p ar and (Name(s) of individuals who appeared before notary) whose n me(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. OTARY PU LI TATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: 17S I Alm N (Name of NfoTlary Public: P nt, Stamp, or Type as Commissioned.) TAWV DAVIS W* st 4 WWI 5 oloe�a Jnally o known to me, or 1 61200 rodu ed i MY wm"�`es .tune l`1 Ur71 /�fl�r C-(h LCJ (Type of Identification Produced) _ DID take an oath, or DID NOT take an oath. FORM NO. CFI 18.204 IFB 06/07 -26 Installation of Brick Pavers THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID. Offeror's Qualification Statement CHECK ONE SUDMITTED BY : Corporation NAME: P. v S s LLL �Pbrtnership ADDRESS: / d.. CiL _Individual PRINCIPAL OFFICE: _Other 1. State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. 11,, The correct name of the Offeror is: P P a Y G r S �o �v 71 o N 5 , U6 The address of the principal place of business is: 5 a i o Nn Q yc 1 0 1 a Y, & P, 3 ,2 839 2. If Offeror is a corporation, answer the following: 3. a. Date of Incorporation: b. State of Incorporation: C. President's Name: d. Vice President's Name: e. Secretary's Name: f. Treasurer's Name: g. Name and address of Resident Agent: � 600 *3 if Offeror is an individual or a partnership, answer the following: a. Date of Organization: 0� �a `� I L 6 .. . , - - -- ---i i 1nif& of flit Porknam 1111 i avX & W. 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: C. State whether general or limited partnership: i lm t �'tet olr4itenski jo 5. If Offeror is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been In business under its present business name ? a. Under what other former names has your organization operated? AMA)G 7. Indicate registration, license number or certificate numbers for the businesses or professions which are the subject of the Proposal /Bid. Please attach certificate of competency and /or state registration. 8. Have you ever failed to complete any work awarded to you? If so, state when, where and why. Il�o 9. State the names, telephone numbers and last known addresses of three (3) owners, Individuals or representative of owners with the most knowledge of work which you have performed or goods you have provided, and to which you refer (government owners are preferred as references). It is noted that the experience claimed here must be associated with the company named above. Additional or other relevant experience may be Included on a separate sheet provided by the offeror. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the offer and the Offeror being considered for an award. Jtxon fbW5 k a) Goon Re 6 WA elvd, a P G 32nD- �-O7- -.sd9- 6507 (name) (address) (phone number) Ivl �r�fdts irn�y��on Ye��d ai�caC -� ►- ?88 - y3 -Z7 (name) (address) (phone number) d , 6 r . kk I r ri�► Icf 3.21- - 9'607 (name) (address )J (phone number) 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). iG (AWAf W i 'fu A a woele. 11 12. State the names and addresses of all businesses and/or Individuals who own an interest of more than five percent (5 %) of the Offeror's business and indicate the percentage owned of each such business and /ot lndividuai: M a, [ s1 / 13. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Offeror: State the name of the individual who will have personal supervision of the work: 'Pedro L ynau , y c r i 1 14. State the name of the Surety Company which will be providing the bond, and name and address of agent: 15. Bank References: (b nk) UJ me,' e Ra (bank) (bank) 16 "72,5' PC 3ZSI J (address) (address) (address) ALTHOUGH THE INFORMATION INDICATED IN ITEM 16 IS NOT REQUESTED AT THIS TIME, THE CITY RESERVES THE RIGHT TO REQUEST THIS INFORMATION. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). b. Net Fixed Assets C. Other Assets d. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) e. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings) f. State the name of the firm preparing the financial statement and date thereof: ..g. This_fi.nancial.statement must be for the identical organization named on page one? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., patent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on one. THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE CITY IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE CITY TO REJECT THE BID OR PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND /OR CONTRACT. MA FZA 1 ,6 3 . y . f , A4 l' . k , Signature c Typea or vnni State of Florida, County of before me, the undersigned I' n r r 4. 141" 091 141° Date 119w h- Title On this I �ay of State of. Florida, personally appear • /l and Zvi c� of Affiant (Name(s) of Individuals who appeared before notary) whose na e(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. NOTARIY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC V ' �i S SEAL OF OFFICE: I yI (Name o otary : rInt, � ��i as miss — Personally known tome, or _ roduced identification: N Uy'[Upl� t o Pt� T (Type of Identification Produced) _ DID take an oath, or _ DID NOT take an oath. 0 Form No. SOQ 25.204 IFB 06107 -26 Installation of Brick Pavers M Co S� ooh V �o 16 ?n. THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID % f , f JP Pavers Solutions, LL C 5503 Axiom Ave Orlando, Fl 32839 Ph: 407-963-4196 Fax: 407-226-86221 Website: htty: //www.iabricknaavers.com Email: salesna,bricknpavers.com Business reference: • Lexon Homes Address: 6000 Metro West Blvd Orlando, FL 32835 Subdivision: Villagio — St. Cloud -C1o9 1tovS�S) Contact: Wesley Ph: 407 -509 -6507 • Mercedes Homes 12605 Kurby Smith Dr Orlando, FL 32822 Contact: Ron Yelland Ph: 321 - 288 -4327 • Kel Constructor Keene's Pointe — Lot 434 11231 Macaw dr Windermere, FL Mr. Philip Englet Ph: 321 - 303 -9607 Mrs. Felicia Englet Ph: 407-683-4731 Note: I've enclosed three businesses references. Please let: me know if you need any further information. Thank you, Juliana Lima .%, . r AG_QW CERTIFICATE OF LIABILITY °"�`''""°°"'"" JPPXV 2" 09/13/07 " THIS CERTIFICATE IS ISSUED AS A MATTER OF DIFORMA►TION ' C F Insurance Services, Inc. PO Sox 3.189 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER: THIS CERTIFICATE DOES NOT:AMEND; EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCES'®EGOW. ' - Apoj" FL 32704 Phone:407 -884 -7843 Fax:407 -884 -6014 INSURERS AFFORDWGCOVERAGE NAIC0. POLICIES. A00MOATE LIMNS **W.N MAY HAVE BEEN PMXXEO.By PAID CF.AW INSURER A: AMericam Stre!;egiC ' INSURCR B:. atsre C�esal Iri�Sess. rim OR .. - - • ' IUMERC Pr Yesisive .Iaanrance 10193 O P Pa . rs: Solutions LLC 5503 =ami Avenue. Orl 'FL 32839 a ... LIMITS . . - o+st . E - 'THE POLICIES OF WSUPANCE- LISTED OW HAVE SEEN ISSUED TO THE . MUItEDNAMWAWyE .FORTHE POLICY .PIl00:M J6ATEO.NOrWITHSTM:DING .... ANY REOUIREAEN . TERM OR COMMON OFANY CONTRACT OR O"THMDOCUYENT WITH RESPECT TO:INHICH TMS CEIM LATE ir1IW�BE JSSUSD OR • - ':. .. . MAY PERTAIM THE NSURA CE.AFFORO M of THE POLICIES DESCRIED mERBN is smjECT TO ALL THE TERMS, EXCLUSIONS AND CON�DR10PB OF SUCH - POLICIES. A00MOATE LIMNS **W.N MAY HAVE BEEN PMXXEO.By PAID CF.AW rim OR TYP! "OF MURANC! - FOCICY NUMBER OA ". . DA ... LIMITS . . - _.. GEIEItA!_LIABiLRY . . ` _ E7GCFfUCCk1RItEFICE S1,000,000 . . A X Z COMMERCIAL GENERALUABILm FLR39403 :10/21/06 16/23107 PREMISES EM s 100,0.00 - . 'CL18A41AADE � ® °CCUR - _ - � • MED EXP (Any oft prtia+ >. 45 _000 PERSONAL R ADMNNAIRY ' x2,00010.00 " " •GENLAGGIR GATeLWAPPLIES.PEFt.- : - -� PRODUCTS- COMP/OPAGG s.1 :00D.; OOO. . rxl POLICY . ... LOC , ..: AUTOYIOlILE{,IABICf1Y' :': - '. .. ANY AM 5546523 0: 12/01/06 '12/01107 - t E4 .BOMBINEDSINOLELIMIT _­: ", . x_ 1, Q 00,00a x . AUOWNEDAUTOS C X SCHEDULED AUTOS Dt1DLYMNJURY" Py�sonf '.., S • ! .' HIRED AUTOS : :.: • :: S _ i NO"WNED AUTOS .. amd RRoPERTY DAMAGE ! '. $ t AWAVTO OTHER THAN THAN . $ . ONLY. S "EXCESSARAWLUI LIAB&ITY .. EACHACFURRENCE x ... .. 000UR. - CWMIS'MADE •.. ' - t � ; .. .. A GfaREGATE: - � I DEDUCTIBLE - ,,' - RETENTION WQRjaW$ COMPENSATION AM. H' `ewLOYrder LIApLLTIY- ANY PRoPRI�rolaArrTll�girfcullvE. WC 11/96/06 11/06/-07 El: EACH ACCIDENT s 1 000, 000.. " S -• OFFXmRA Emem w CLUOI~D? . ar aacaei ceder ": €L DISEASE- E�IEAItiOr6 1 , :0,000 . 00 CIAL�PROVISIONSb,low ��.� :; :E-L DWASE= POUCYLJHT S :1, 090; 00.0 , i - OTHER, X. " ADDED t '.. DESCRIPTION bF:OPERATIM 1 LOCATIONS I VEMCLES I: BY :ENOORSEIENT ISPECIALPROV18NS. p City. of Saa>=osd:is'listed : ae additional insured:, ' CERTiRICATE`FIOLDER CANCELLATION: - CITY�OF . s WW , ANY OF THE ANOVE.DESCRlfa POLICIES ME CANCELLED FORE. THE 11PdeATaN . .. .. .T ETNEREQF , TFiEjS» llNO�p1SUlER. WIII IIOGNOR.TOYAL ..- DAYS WRIFTEN. City 'Of Sanf NOTICE TO:T CEftnF"TE MOLDER NAMED TO THE LEFT BUT FALLURE TQ DO'SO Room . aIPOSEtw•o9L1OA7101+CKLIABILmI FiunIDNOUPONTHE -INSURMITSAGENNTSOR ". :.. .: .: . ,..:.. 0 : . " 300 `N 'PYrk: Ave REP mmrATNEs, •..... Sanford FL 32771 AlaMAMP REPRESENTATRIE .' - ACORD 25.(2001/08). CACORD CORPORATION 19M w ,I a Earl K. Wood, Tax Collector Local Business Tax Receipt Orange County, Florid This local business tax receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance. Businesses are subject to regulation of zoning, health and oth lawful authorities. This receipt is valid from October t through September 30 of receipt year. Delinquent penalty is added October 1. ** *ORIGINAL *" 2007 EXPIRES 9/30/2008 1816 - 1030667 1816 BRICK PAVER $30.00 1 EMPLOYEE E JULIANA N TOTAL TAX $30.00 PREVIOUSLY PAID $0.00 I TOTAL DUE $30.00 "= 1? u ° ERS LUTIONS LLC ' IOM AVE NDO Fe3283.9 -2558 5503 AXIOM AVE (MOBILE) U - ORLANDO, 32839y,fi' 9/28/2007 03:56 PM Csh 0101 Reg 0023 T /Ref 0023002524 D &I: 9/28/200' $30.00 Val No: 0023 - 00356 This receipt is official when validated by the Tax Collector.