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1576 Caraway Concrete Construction IFB 12/13-23
0 LC) City Of Sanford Agreement With Caraway Concrete Construction Inc. Relating To IFB 12/13 -23, Concrete Construction and Repair This Agreement is made and entered into on the dates set forth below by and between the: City of Sanford, whose address is 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 Caraway Concrete Construction Inc., whose address is Post Office Box 620755, 1049 West Riviera Boulevard, Oviedo, Florida 32762, a Florida corporation, authorized to do business in the State of Florida, hereinafter referred to as "CARAWAY ". The CITY and CARAWAY are collectively referred to herein as the "parties ". Witnesseth: Whereas, the CITY desires to retain CARAWAY for the work identified in this Agreement and potential various Purchase /Work Orders relating to Construction, repair and /or replacing concrete items such as sidewalks, driveways, curb and gutter, handicap ramps etc.; and Whereas, CARAWAY hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality services to the CITY; and Whereas, the references to the provisions of services to the CITY to the CITY shall include to provision of goods and the term "Work Order" shall include the term "Purchase Order" herein; and Whereas, this Agreement is not subject to the provisions of the Consultants Competitive Negotiations Act (CCNA) and the parties agree that they have engaged in all required processes and procedures and that this Agreement complies with the provisions of the procurement laws controlling upon and applicable to the CITY, 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 hereto as follows: Section 1: Definitions. Ad valorem - In proportion to the estimated value of the goods taxed. Agreement — This document and all subsequent Work Orders or related contractual documents between the CITY and CARAWAY. Billing Period — The period of time between project commencement to the close of the current period, (inclusive); or from the close of the previous billing period, (exclusive), to 1 IPage the close of the current period, usually concurrent with the month. In no case shall this period be less than one calendar month except for the final Billing Period. Bona Fide - Made or carried out in good faith; sincere. CITY — The City of Sanford, a municipal corporation of the State of Florida holding tax exempt status. CARAWAY - To include all principals of CARAWAY including, but not limited to, full and part time employees, professional or otherwise, and all other agents employed by or for CARAWAY to perform its obligations hereunder. The term "subcontractor" as use herein shall also mean subconsultants. Description of Services - The general scope of services under this Agreement is the provision, by CARAWAY, to the CITY of Citywide concrete services of a broad and diverse nature generally described in CITY IFB 12/13 -23, Concrete Construction and Repair. Additional services shall be specifically described in writing and the writing shall be in paragraph form resonably describing those services the CITY can expect CARAWAY to provide. The description shall be written in such a manner that the type of service is clearly provided, but broad enough that all services reasonably expected of CARAWAY, including services provided by partners, subcontractors, and other supporting professionals, can be provided to the CITY. Designated Representative — A person who administers, reviews, and coordinates the provision of services. This definition applies equally to the CITY and to CARAWAY. Force Majeure - Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Agreement is beyond the control and without the fault or negligence of the party seeking relief under this Agreement. Law - Said phrase shall include statutes, codes, rules, and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. Pari Materia — of the same matter; on the same subject. Laws pari materia must be construed with reference to each other /together when related to the same matter or subject. The provisions of a contract/agreement are to be construed together with no isolated construction of a particular provision such that it would defeat the overall intent of the contract/agreement. Submittals — Any item required by this Agreement that CARAWAY must provide the CITY either for inclusion as part of this Agreement or not. Work Order - A detailed description of quantities, services, and a completion schedule 2IPage provided on a CITY prescribed form describing all work associated with the service to be provided by CARAWAY to the CITY for an agreed price referencing this Agreement by title and date. Section 2: Captions. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. Section 3: Extent Of Agreement/Integration /Amendment. (a) This Agreement, together with the exhibits, if any, constitutes the entire integrated Agreement between the CITY and CARAWAY 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, if any, attached, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence, and statements, whether written or oral. (b) This Agreement may only be amended, supplemented, or modified by a formal written amendment. (c) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. Section 4: No General City Obligation. (a) In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. (b) CARAWAY shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. Section 5: CARAWAY's Understanding Of Services Required. (a) Execution of this Agreement by CARAWAY is a representation that CARAWAY is familiar with local conditions and with the services to be performed. CARAWAY shall make no claim for additional time or money based upon its failure to comply with this Agreement. CARAWAY has 3IPage informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and to be identified in the Work Orders, and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinances, rules, regulations, or orders of any public authority or licensing entity having jurisdiction over CITY projects. Execution of this Agreement or a Work Order shall be an affirmative and irrefutable representation by CARAWAY to the CITY that CARAWAY is fully familiar with any and all requisite work conditions of the provisions of the services. (b) The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (c) It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting CARAWAY (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. CARAWAY is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. CARAWAY shall, at all times and in all respects, act as a contractor or consultant and not as CITY staff. (d) Persons employed by CARAWAY in the provision and performance of the services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. Section 6: General Provisions. (a) Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement, and to undertake all obligations imposed on it. The persons executing this Agreement for CARAWAY certifies /certify that they are authorized to bind CARAWAY fully to the terms of this Agreement. (b) This Agreement is for services pertaining to various and diverse concrete services as needed for the CITY's operations, programs and projects as set forth herein and as otherwise directed by the CITY to include all labor and materials that may be required. CARAWAY shall not engage in any work or provide any services without a contract document authoring, with specificity, such work or services. 4IPage (c) CARAWAY acknowledges that the CITY may retain other contractors or consultants to provide the same types of services for CITY projects. The CITY reserves the right to select which contractor shall provide services for CITY projects. (d) CARAWAY acknowledges that the CITY has retained other contractors and consultants and the coordination between said contractors and consultants and CARAWAY may be necessary from time -to -time for the successful completion of each Work Order. CARAWAY agrees to provide such coordination as necessary within the Scope of Services of each Work Order. (e) CARAWAY agrees to provide and ensure coordination between goods /services providers. (f) Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement to include, but not be limited to, each Work Order. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement and each Work Order. (g) CARAWAY shall maintain an adequate and competent staff or professionally qualified persons throughout the performance of this Agreement to ensure acceptable and timely completion of the services set forth in this Agreement and in each Work Order. (h) Requirements for signing and sealing plans, reports, and documents prepared by CARAWAY shall be governed by the laws and regulations of Seminole County and State regulatory agencies. (i) CARAWAY 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. (j) No claim for services furnished by CARAWAY not specifically provided for herein shall or in a Work Order associated with the project will be honored by the CITY. Section 7: Codes And Design Standards. (a) All the services to be provided or performed by CARAWAY 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 inlcuding, but not limited to, 5IPage those listed in the exhibit hereto relating to Community Development Block Grant projects, activities and programs of the CITY. (b) CARAWAY shall be responsible for keeping apprised of any changing laws applicable to the services to be performed under this Agreement. Section 8: Subcontractors. (a) Any CARAWAY proposed subcontractors or subconsultatnts shall be submitted to the CITY for written approval prior to CARAWAY entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, local business tax proof of payment, and insurance certifications. (b) CARAWAY shall coordinate the provision of services and work product of any CITY approved subcontractor or subconsultant and remain fully responsible for such services and work under the terms of this Agreement. (c) Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractors or subconsultants to assume performance of CARAWAY duties commensurately with CARAWAY's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve CARAWAY from any of its duties under this Agreement. CARAWAY shall provide the CITY with executed copies of all subcontracts. Section 9: Assignability. CARAWAY shall not sublet, assign, or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. Section 10: Commencement/Implementation Schedule Of Agreement. (a) CARAWAY shall commence the provision of services as described in this Agreement immediately upon execution of this Agreement and the commencement of pertinent construction activities and, otherwise, upon execution of a Work Order. The CITY may seek other firms to provide the same services. (b) CARAWAY and the CITY agree to make every effort to adhere to the schedules established for the project and the various Work Orders as described in each Work Order. However, if CARAWAY is delayed at any time in the provision of services by any act or omission of the CITY, or of any employee of the CITY, or any other CARAWAY employed by the CITY, or by changes ordered by the CITY, or by strikes, lock outs, fire, unusual delay 6IPage in transportation, unavoidable casualties, or any other causes of force majeure not resulting from the inactions or actions of CARAWAY and beyond CARAWAY's control which would not reasonably be expected to occur in connection with or during performance or provision of the services, or by delay authorized by the CITY pending a decision, or by any cause which the CITY shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the CITY may decide in its sole and absolute discretion. It is further expressly understood and agreed that CARAWAY shall not be entitled to any damages or compensation, or be reimbursed for any losses on account of any delay or delays resulting from any of the aforesaid causes or any other cause whatsoever. Section 11: Length Of Agreement. (a) Unless terminated, this Agreement shall be in effect until December 31, 2014, but shall automatically renew from year -to -year unless a party provides notice to the other party by October 1 of a contract year that is has determined not to renew this Agreement for the following calendar year. (b) This Agreement and any Work Order may be terminated as set forth herein. Section 12: Description Of Services. (a) CARAWAY agrees to perform various and diverse concrete services in accordance with this Agreement and any related Work Orders issued by the CITY to CARAWAY from time -to -time. (b) CARAWAY shall diligently and in a professional and timely manner perform and provide the services contemplated by this Agreement in a plenary manner. Unless modified in writing by the parties hereto, the duties of CARAWAY shall not be construed to exceed the provision of the services pertaining to this Agreement. All services shall be provided in accordance with the requirement for honest services. Section 13: CARAWAY Responsibilities. (a) CARAWAY shall be fully responsible for the professional quality, accepted standards, technical accuracy and the coordination of all services furnished by CARAWAY under this Agreement as well as the conduct of its staff, personnel, employees, and agents. CARAWAY shall work closely with the CITY on all aspects of the provision of the services. With respect to services, CARAWAY shall be responsible for providing honest services and the 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 7I Page type or nature furnished by CARAWAY under this Agreement. CARAWAY shall, without additional compensation, correct or revise any errors or deficiencies in his plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. (b) CARAWAY shall furnish a Designated Representative to administer, review, and coordinate the provision of services under each Work Order. (c) Neither CITY review, approval, or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights or of any cause of action arising out of the performance of this Agreement. CARAWAY shall be and shall remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by CARAWAY's negligent or improper performance or failure to perform any of the services furnished under this Agreement. (d) The rights and remedies of CARAWAY provided for under this Agreement, are in addition to any other rights and remedies provided by law. (e) In the event CARAWAY fails to comply with the terms and conditions of this Agreement, the CITY shall notify CARAWAY's Designated Representative in writing so that CARAWAY may take remedial action. (f) Time is of the essence in the performance of all services provided by CARAWAY under the terms of this Agreement and each and every Work Order. Section 14: City Rights And Responsibilities. (a) The CITY shall reasonably cooperate with CARAWAY in a timely fashion at no cost to CARAWAY as set forth in this Agreement. (b) The CITY shall furnish a CITY Designated Representative to administer, review, and coordinate the provision of services under this Agreement and each Work Order that may be issued by the CITY. (c) The CITY shall make CITY personnel available where, in the CITY's opinion, they are required and necessary to assist CARAWAY. The availability and necessity of said personnel to assist CARAWAY shall be determined solely at the discretion of the CITY. (d) The CITY shall furnish CARAWAY with exisitng data, records, maps, plans, specifications, reports, fiscal data, and other engineering information that is available in the CITY's files that is necessary or useful to CARAWAY for the performance of the Work. All such documents conveyed by the CITY shall be, and remain the property of, the CITY and shall be returned to the CITY 8IPage upon completion of the Work to be performed by CARAWAY. CARAWAY shall be responsible for all professional services provided on the basis of such data. (e) The CITY shall examine all CARAWAY reports, sketches, drawing, estimates, proposals, and other documents presented to the CITY and indicate the CITY's approval or disapproval within a reasonable time so as not to materially delay the provisions of the services of CARAWAY. (f) The CITY shall provide access to and make provisions for CARAWAY to enter upon public and private lands as required for CARAWAY within a reasonable time to perform work as necessary to complete the Work Order. (g) The CITY shall transmit instructions, relevant information, and provide interpretation and definition of CITY policies and decisions with respect to any and all materials and other matters pertinent to the services covered by this Agreement. (h) The CITY shall give written notice to CARAWAY whenever the CITY Designated Representative knows of a development that affects the services provided and performed under this Agreement, timing of CARAWAY's provision of services, or a defect or change necessary in the services of CARAWAY. (i) The rights and remedies of the CITY provided for under this Agreement are in addition to any other rights and remedies provided by law; the CITY may assert its right of recovery by any appropriate means including, but not limited to, set -off, suit, withholding, recoupment, or counterclaim, either during or after performance of this Agreement. (j) The CITY shall be entitled to recover any and all legal costs including, but not limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in the enforcement of the terms and conditions of this Agreement or the responsibilities of CARAWAY in carrying out the duties and responsibilities deriving from this Agreement. (k) The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. (I) Neither the CITY's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor or any cause of action arising out of the performance of this Agreement and CARAWAY shall be and always remain liable to the CITY in accordance with applicable law for any and all damages 9IPage to the CITY caused by CARAWAY's negligent or wrongful provision or performance of any of the services furnished under this Agreement. (m) All deliverable analysis, reference data, survey data, plans and reports, or any other form of written instrument or document that may result from the Consutant's services or have been created during the course of CARAWAY's performance under this Agreement shall become the property of the CITY after final payment is made to CARAWAY. (n) In the event the CITY fails to comply with the terms and conditions of this Agreement, CARAWAY shall notify the CITY's Designated Representative in writing so that the CITY may take remedial action as it deems appropriate. Section 15: Waiver. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder, shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. Section 16: Force Majeure. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by force majeure. Section 17: Standards Of Conduct. (a) CARAWAY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CARAWAY, to solicit or secure this Agreement and that CARAWAY has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for CARAWAY, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. (b) If the CITY determines that any employee or representative of CARAWAY 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 CARAWAY, in writing. CARAWAY shall immediately remove such employee or representative of CARAWAY from such assignment. (c) CARAWAY hereby certifies (in this writing) that no undisclosed conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or 101 Page vendees, other contractual relationships of CARAWAY, or any interest in property that CARAWAY may have. CARAWAY 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. CARAWAY shall fully disclose design errors that may be discovered during the course of the work related to this Agreement. (d) CARAWAY shall not engage in any action that would create a conflict of interest for any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. CARAWAY shall provide honest services to the CITY and shall not attempt to cause any CITY official or employee to act in a manner that is not consistent with the public interest. (e) The CITY will not intentionally award publicly- funded contracts to any contractor or consultant 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 CARAWAY of unauthorized aliens, a violation of Section 274A (e) of the INA. Such violation by CARAWAY of the employment provisions contained in Section 274A (e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. (f) CARAWAY shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. (g) CARAWAY shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection, or discrimination. (h) If CARAWAY or an affiliate is placed on a discriminatory vendor list, such action may result in termination by the CITY. CARAWAY shall certify, upon request by the CITY that it is qualified to submit a bid under Section 287.134 (2) (c), Florida Statutes, relating to public entity crimes. (i) If CARAWAY 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. CARAWAY shall certify, upon request by the CITY, that is qualified to submit a bid under Section 287.133(2)(a), Florida Statutes, relating to public entity crimes. 11 'Page i (j) CARAWAY shall certify, upon request by the CITY, that CARAWAY maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. (k) CARAWAY agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the services provided to the CITY. CARAWAY 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. I If applicable, in r n w' h () accordance ce it Section 216.347, Florida Statutes, CARAWAY shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the Judicial Branch, or State Agency. (m) CARAWAY shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. CARAWAY shall coordinate all publicity relative to the project with the CITY. (n) CARAWAY shall ensure that all services are provided to the CITY after CARAWAY has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. (o) CARAWAY shall ensure that all taxes due from CARAWAY are paid in a timely and complete manner including, but not limited to, the CITY's local business tax. Section 18: Notices. (a) Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. (b) For the present, the parties designate the following as the representative places for giving of notice, to -wit: (1) For the CITY: City Manager 300 North Park Avenue Sanford, Florida 32771 121 Page With a copy to: Purchasing Manager 300 North Park Avenue Sanford, Florida 32771 (2) For CARAWAY: Daimon S. Dowda Sole Corporate Officer Post Office Box 620755 1049 West Riviera Boulevard Oviedo, Florida 32762 (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. CARAWAY 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 CARAWAY 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 19: Designated Representatives. (a) The City Manager or the Designated Representative represents the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. (b) The City Manager or the 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 CARAWAY; (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 CARAWAY whenever the CITY knows of a defect or change necessary in the project; and 131 Page (c) Until further written notice, the CITY's Designated Representative for this Agreement is: Robert Beall, CPSI, Project Manager Public Works Department Post Office Box 1788 City of Sanford 300 North Park Avenue Sanford, Florida 32771 -1778 (d) Until further written notice, CARAWAY's Designated Representative for this Agreement is: Daimon S. Dowda Sole Corporate Officer Post Office Box 620755 1049 West Riviera Boulevard Oviedo, Florida 32762 Section 20: Notice To Proceed; Work Orders. (a) The provision of services to be performed under this Agreement may commence upon the issuance of a Notice to Proceed relating to the construction work or any similar authorization to commence work under the project or a Work Order issued by the CITY to CARAWAY relating to additional work. Each Work Order shall reference this agreement by title and date, include a detailed description of quantities, services, and a completion schedule, and shall be provided on CARAWAY letterhead. Services described in a Work Order shall commence upon the date established in the Work Order. (b) The services required to be performed by a Work Order shall clearly defined, the Work Order and shall be issued on a "Fixed Fee" basis. CARAWAY shall perform all services required by the Work Order but in no event shall CARAWAY be paid more than the negotiated Fixed Fee amount stated therein. (c) CARAWAY agrees to adhere to the schedules established in the various Work Orders issued under this Agreement. (d) CARAWAY 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 completed. 141 Page Section 21: Change Orders. (a) The CITY may revise the Description of Services set forth in this Agreement or in any particular Work Order. (b) Revisions to this Agreement or any Work Order shall be authorized in writing by the CITY as a Change Order. Each Change Order shall include a schedule of completion for the services authorized. Change Orders shall identify this Agreement and the appropriate Work Order number. The Change Orders may contain additional instructions or provisions specific upon certain aspects of this Agreement pertinent to the services to be provided. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. An Agreement between the parties on and execution of any Change Order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged goods and /or work, including all direct and indirect costs of whatever nature, and all adjustments to CARAWAY schedule. (c) If instructed by the CITY, CARAWAY shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of CARAWAY, CARAWAY may be entitled to additional compensation. CARAWAY must submit for CITY approval a revised proposal with a revised fee quotation. Additional compensation, if any, shall be agreed upon before commencement of any such additional work and shall be incorporated into the work by Change Order to the Work Order. Section 22: Compensation. (a) Payment for services set forth in the description of services set forth in the definitions to this Agreement and any and all expenses of CARAWAY relating to compensation to CARAWAY for the services performed on each Work Order shall be as set forth the Work Order /Change Order related to the Work for which payment is to be made. (b) The CITY shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc., and other items not directly attritbutable to items produced for each Work Order. (c) Work performed by CARAWAY without written approval by the CITY's Designated Representative shall not be compensated. Any work performed by CARAWAY without approval by the CITY is performed at CARAWAY's own election. (d) In the event the CITY fails to provide compensation under the terms and 15IPage conditions of this Agreement, CARAWAY shall notify the CITY's Designated Representative in order that the CITY may take remedial action. Section 23: Invoice Process. (a) Payments shall be made by the CITY to CARAWAY when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. CARAWAY shall render to the CITY, at the close of each calendar month, an itemized invoice properly dated, describing all services rendered, the cost of the services, the name and address of CARAWAY, Work Order Number, Contract Number and all other information required by this Agreement. (b) Invoices which are in an acceptable form to the CITY and without disputable items will be processed for payment within thirty days of receipt by the CITY. (c) CARAWAY will be notified of any disputable items contained in invoices submitted by CARAWAY within fifteen days of receipt by the CITY with an explanation of the deficiencies. (d) The CITY and CARAWAY shall make every effort to resolve all disputable items contained in CARAWAY's invoices. (e) Each invoice shall reference this Agreement, the appropriate Work Order and Change Order if applicable, the billing period, and include a Project Status Report, in a form designated by the CITY, for the period being billed. (f) The Florida Prompt Payment Act shall apply when applicable. (g) Invoices are to be forwarded directly to: Finance Director City Of Sanford 300 North Park Avenue Sanford, Florida 32771 Section 24: Termination Of Agreement. (a) The CITY may terminate this Agreement or any Work Order for convenience at any time. (b) The CITY may also terminate this Agreement upon the CITY determining that any one or more of the following reasons exist: (1) If, in the CITY's opinion, adequate progress under this Agremeent or a Work Order is not being made by CARAWAY; or 16IPage (2) If, in the CITY's opinion, the quality of the services provided by CARAWAY is /are not in conformance with commonly accepted professional standards, standards of the CITY, the requirements of Federal or State regulatory agencies, and CARAWAY has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or (3) CARAWAY or any employee or agent of CARAWAY 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 CARAWAY or CARAWAY is not providing honest services to the CITY in any respect; or (4) CARAWAY becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or (5) CARAWAY violates the Standards of Conduct provisions herein or any provision of State or local law or any provision of the CITY's Code of Conduct. In the event of any of the causes described in this Section, the CITY's Designated Representative may send a certified letter requesting that CARAWAY show cause why the Agreement or any Work Order should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within fourteen calendar days of the receipt of the letter, the CITY may consider CARAWAY to be in default, and may immediately terminate this Agreement or any Work Order in progress under this Agreement. (c) In the event that this Agreement or a Work Order is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by CARAWAY. Section 25: Termination By CARAWAY For Cause. (a) CARAWAY may terminate this Agreement if the CITY fails to pay CARAWAY in accordance with this Agreement. (b) In the event of either of the cause described in Subsection (a), CARAWAY 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 CARAWAY within fourteen calendar days of the receipt of said show 171 Page cause notice, CARAWAY may consider the CITY to be in default, and may immediately terminate this Agreement. Section 26: Termination By The City Without Cause. (a) Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, or terminate any specific Work Order without cause, if such termination is deemed by the CITY to be in the public interest, provided that thirty calendar days prior written notice is given to CARAWAY of the CITY's intent to terminate. (b) In the event that this Agreement is terminated, the CITY shall identify any specific Work Order(s) being terminated and the specific Work Order(s) to be continued to completion pursuant to the provisions of this Agreement. (c) This Agreement shall remain in full force and effect as to each /all authorized Work Order(s) that is /are to be continued to completion unless otherwise prescribed by the CITY. Section 27: Payment In The Event Of Termination. In the event this Agreement or any Work Order is terminated or canceled prior to final completion payment for the unpaid portion of the services provided by CARAWAY to the date of termination and any additional services shall be paid to CARAWAY. Section 28: Action Following Termination. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all services, unless the notice provides otherwise. Section 29: Suspension. (a) The performance or provision of CARAWAY services under this Agreement or any Work Order under this Agreement may be suspended by the CITY at any time. (b) In the event the CITY suspends the performance or provision of CARAWAY's services hereunder, the CITY shall so notify CARAWAY in writing. Such suspension becoming effective upon the date stated in the notice. The CITY shall pay to CARAWAY within thirty days all compensation which has become due to and payable to CARAWAY to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to CARAWAY for the suspended provision of services unless and until the CITY's designated representative notifies CARAWAY in writing that 18 I Page the provision of the services of CARAWAY called for hereunder are to be resumed by CARAWAY. (c) Upon receipt of written notice from the CITY that CARAWAY's provision of services hereunder are to be resumed, CARAWAY shall continue to provide the services to the CITY. Section 30: Alternative Dispute Resolution (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. With regard to mediation, the CITY shall select the mediator to handle any proceeding that is designed to resolve a dispute prior to litigation and the parties shall equally share the costs of mediation. (b) CARAWAY 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 CARAWAY had knowledge and failed to present during the CITY's procedures in any respect. (c) In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through mediation after litigation has commenced. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. Section 31: Severability. (a) If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision, and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. (b) All provisions of this Agreement shall be read and applied in pari materia with all other provisions hereof. (c) Violation of this Agreement by CARAWAY is recognized by the parties to constitute irreparable harm to the CITY. 19IPage Section 32: Controlling Laws/Venue /Interpretation. (a) This Agreement is to be governed by the laws of the State of Florida and any and all Federal laws, rules and regulations applicable to the CITY's Community Development Block Grant program with regard to work funded under that program. (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 CARAWAY 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 33: Indemnity. (a) To the fullest extent permitted by law, CARAWAY 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, erroneous design or misconduct of CARAWAY, its agents, servants, officers, officials, employees, or subcontractors. (b) In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to CARAWAY 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 CARAWAY or its agents or subcontractors or subconsultants, 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 CARAWAY or its agents or subcontractors, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. 201 Page (e) The execution of this Agreement by CARAWAY shall obligate CARAWAY to comply with the indemnification provision in this Agreement; however, CARAWAY must also comply with the provisions of this Agreement relating to insurance coverages. (f). To the extent that services provided by CARAWAY to the CITY under this Agreement relate to the "planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services furnished in connection with any actual or proposed construction, improvement, alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility, land, air, water, or utility development or improvement," the indemnification set forth herein shall not apply and the limitation of liability set forth in Section 725.08, Florida Statutes, shall be applicable consistent, however, with all terms and conditions of this Agreement.. (g). In the event that CARAWAY is providing services as a "design professional ", the indemnification by CARAWAY running in favor of the CITY shall be to the maximum extent permissible under the provisions of Section 725.08, Florida Statutes. The parties acknowledge that CARAWAY provided design services relative to the project and work herein contemplated. Section 34: Insurance. (a) CARAWAY 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: CARAWAY shall provide Worker Compensation insurance for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. Employers' Liability Insurance at limits not less than the following: $100,000 Each Accident $100,000 Disease Each Employee $500,000 Disease Aggregate (2) Comprehensive General Liability: CARAWAY shall provide coverage for all operations including, but not limited to, contractual, independent contractor, products and complete operations and personal injury with limits not less than the following: $1,000,000 Bodily Injury and Property Damage - each occurrence 21 I Page $1,000,000 Personal and Advertising Injury - each occurrence $2,000,000 General Aggregate $2,000,000 Products /Completed Operations Aggregates limit $5,000 Medical Payments $100,000 Fire Damage Legal Liability (3) Comprehensive Business Automobile Liability: CARAWAY shall provide complete coverage with a combined single limit of not less than $1,000,000 Bodily Injury and Property Damage in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non - owned, leased or hired vehicles. (4) Other Required Insurance Coverage: Where unusual operations are necessary to complete the work, such as Longshoremen and Harbor Workers' Exposures, use of aircraft or watercraft, use of explosives, and any high risk circumstances. No aircraft, watercraft or explosives shall be used without the express advance written approval of the CITY which may, thereupon, required additional insurance coverages. (b) All insurance other than Workers Compensation and Professional Liability that must be maintained by CARAWAY shall specifically include the CITY as an additional insured. All insurance minimum coverages extend to any subcontractor, and CARAWAY shall be responsible for all subcontractors. (c) CARAWAY shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Work Order under this Agreement. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a contractor or consultant shall relieve CARAWAY of CARAWAY's full responsibility for performance of any obligation including CARAWAY's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, CARAWAY shall, as soon as CARAWAY 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 CARAWAY has replaced the unacceptable insurer with an insurance rating acceptable to the CITY, CARAWAY 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 221 Page days prior notice will be given to the CITY by submission of a new Certificate of Insurance. (e) CARAWAY shall provide Certificate of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that CARAWAY 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. Agreement The CITY shall not be obligated or liable under the terms of this A (g) 9 9 to any party other than CARAWAY. There are no third party beneficiaries to this Agreement that have any right against the CITY; provided, however, that the owners of vehicles towed hereunder are considered to be third -party beneficiaries in consideration of their forbearance in allowing their vehicles to be towed and are declared to have standing to enforce the provisions of this Agreement where the provisions inure to their benefit. It is further understood that such owner shall, upon prevailing, be entitled to recovery of reasonable costs, expenses, and attorney's fees. (h) CARAWAY 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. (j) All insurance requirements shall be effectual and run to the benefit of the CITY notwithstanding any statutory limitations relative to indemnification. Section 35: Equal Opportunity Employment/Non- Discrimination. CARAWAY agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. CARAWAY, 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. 231 Page Section 36: Access To Records /Audit/Public Records. (a) CARAWAY shall maintain books, records, documents, time and costs accounts, and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. (b) CARAWAY shall maintain and allow access to the records required under this Section for a minimum period of five years after the completion of the provision or performance services under this Agreement and date of final payment for said services, or date of termination of this Agreement. (c) The CITY reserves the right to unilaterally terminate this Agreement if CARAWAY 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 CARAWAY in conjunction, in any way, with this Agreement. (d) The CITY may perform, or cause to have performed, an audit of the records of CARAWAY before or after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to CARAWAY and the CITY subsequent to the close of the final fiscal period in which services are provided or performed. Total compensation to CARAWAY 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 CARAWAY. Conduct of this audit shall not delay final payment as required by this Section. (e) In addition to the above, if Federal, State, County, or other entity funds are used for any services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representative, shall have access to any books, documents, papers, and records of CARAWAY which are directly pertinent to services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. (f) In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, CARAWAY shall refund such overpayment to the CITY within thirty days of notice by the CITY of the request for the refund. (g) CARAWAY agrees to fully comply with all State laws relating to public records as determined by the CITY. (h) CARAWAY agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall 241 Page be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. Section 37: Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. Section 38: Exhibits. Each exhibit, if any, referred to and attached to this Agreement is an essential part of this Agreement. The exhibits, if any, and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. The CITY shall determine the contents of this Agreement relative to exhibits. The totality of CITY IFB 12/13 -23 and CARAWAY's response thereto as well as the Community Development Block Grant legal requirements and controlling law attached hereto are essential elements and a material part of this Agreement. In Witness Whereof, the parties hereto have made and executed this Agreement on the respective dates under each signature: the CITY through its City Commission taking official action and CARAWAY signing by and through its duly authorized corporate officer having the full and complete authority to execute same. Attes/Witnesses: Caraway Concrete Construction Inc. 41, B Signatur Of Wit s # 1 Damon Do Pr teih a ' e: e • ii 2 Ce1 /4 /4 Sole Corporate Officer Date: /n' /S 2c91 I AL Sign.t'e Of Wittss # 2 Printed Name:`,, i «� Attest: City Of Sanford , / / l ild1 By: i Mit d / /Janet Dougherty, Cit Clerk / Jeff Triplett, - ,'% / -� Date: A• • �v- • as to form and leg. t i Via) illiam L. Colbert City Attor -y " 0V/hr /9 25IPage l 501104 -1877-1 ` WS RM X Item No. 1-I CITY COMMISSION ME •_% NDUM 13. 100 MAY 13, 20 13 AGENDA To: Honorable Mayor and Members of the City Com •• • on PREPARED BY: F. William "Bill" Smith, Purchasing Manage SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Award of Invitation For Bid 12/13 -2 , Concrete Construction and Repair, and five procurements to Caraw. Concrete Construction Inc. for Citywide Concrete Services SYNOPSIS: Approval of award of subject bid to Caraway Concrete Construction Inc. (Caraway) and five procurement projects for Citywide concrete services is requested. FISCAL/STAFFING STATEMENT: Funding for the five projects in an amount not to exceed $348,556.00 is requested and is available in the 2012 -2013 2 Generation Sales Tax account and up to $100,000.00 may be provided by CDBG funding. BACKGROUND: IFB 12/13 -23, Concrete Construction and Repair, was advertised, posted, opened and evaluated in compliance with City procurement policy. The award of the bid and the work is proposed to Caraway. It is noted that Caraway is the second lowest bidder, but has been determined to be the lowest responsive and responsible bidder as indicated herein. There were four responses received to the bid. The responding companies were: (1). Ox Construction Company (Ox), (2). Castille Company, (3). Compilog Construction, and (4). Caraway. The bid submitted by Ox was found to be non - responsive because Ox based its bid on labor and not square feet, square yards or linear feet as required by the bid documents. And, Ox was found to be a non - responsible bidder because it was indicated in its bid documents that Ox had "0" bonding capacity. The Purchasing Manager has accomplished all appropriate actions under the City's Purchasing Policies and has implemented all procedures. Ox did not timely appeal the determinations. Therefore the second lowest bidder, Caraway, is recommended for award. COPY 77 SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the (1) CONCRETE - CONSTRUCTION AND REPAIR. IFB 02/13 - 23 is hereby made to The City of Sanford, Florida. This Bid is submitted-by(2) M/TA1'Ay CoviveR writ Co'.rr 2'C. (1) Title and Solicitation number of Bid/Proposal Name of Project as shown in the Invitation (2) Name, address, and telephone number of Bidder 1.02 The Undersigned: . A. Acknowledges receipt of: Addenda: Number Dated Number Dated Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he/she waives all right to plead any misunderstanding regarding the same. C. Agrees: this Bid open for 60 calendar days after the bid o 1. To hold t pe Y opening date. 2. By signing this document the BIDDER/OFFEROR hereby agrees to be bound by the specifications, terms, conditions, scheduling, pricing and representations as stated and submitted with this bid form. However, it is understood that the City reserves the right to declare any bid or part(s) • thereof nonresponsive if exceptions to specifications, terms, conditions, etc. of the solicitation are not acceptable in the opinion of the City to meet the requirements of said solicitation. 2. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to fumish a Performance Bond and a Labor and Material Payment Bond and specified insurance certificates of coverage in accordance with the Instructions to Bidders. 3. To accomplish the work in accordance with the Contract Documents and/or purchase order. IFB 12/13 -23 Concrete Constriction Repairs Opening Date April 29th 2 :OOPM 15 _ • 1.03 Miscellaneous Requirements and Affirmations Bids shall be on the Bid Form. THIS FORM MUST BE COMPLETED AND RETURNED WITH 1J YOUR BID 4/ 1.04 SU ITTED, signed and sealed this /9 day of 0P/2_- , a7r,VA Y eakiCia Bidder /Offer r J-, 077 By (Signature) Date 04/404/ 10O J,7 09,5/41 Printed Name and Title &Ox /0 a 7‘, Business Address - - A� iba FL Yal 741 (CORPORATE SEAL) - City State Zip Code = _ *7- 330 is 7 -37/- 7 _ _ Telephone No. Facsimile No. - - AT, /T: ,d- �� f� By (Signature) Date • A 04 //g5)-11 Printed Name and Title 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 IFB 12/13 -23 Construction and Repair of Concrete Items Open Date: April 29, 2013 Open Time: 2:00 p.m. This Form Must Be Completed and Returned with your Bid IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM 16 = - _ � Y e o ti o o D t n o a o ® O `� Oo1 O\ co P P p w w �: w w w w w P P a d d d d a s �i ,.-i a ..a -a a di d, 0 0 ea o 0 0 0 0 0 C. 0 0 0 0 c> 0 0 o a /,,�/ O O O M M M M M M O b O O V h 41 in h h N N M M• — 4,: p C 1 p p p n a t O `� A Ftl 69 60% VI 69 69 69 A a w w w w w w w w r v W C z v G aa al W A A W ra w w a �o to a a s H E+ H E. E. H F H ° O co . W . o -s k o a N V d L a N 0 O. cl 1 a w ;o . N H C G E 0 o s� eR., 0 3 3 3 3 0 cg m �c i 3 C C G G ' C.1 �.T D co e a c 3 3 3 3 " A` 6 N N N V V 1�1 C V P 'y O a ° a ¢ i a ~ a i a § a u En 2 w W o 41 Ts C � o 1 >L, a -. ' L I-I 0 d mc 0 8 0 U 0 E. o ° C � ; .r � , z is .z 2 T :7 ea 03 Q = q .t..!• T z o ^� V C o n y T >+ �T ^� k 0 Q _• W 0 x W 0.i O 0 a, w w o V w � Zj w 0 " c , a N O O O F O O O O V a tun W © ° o o . 0 a o. o 0 0 . 0 o c U W d W a .. c2 U 04 U cG O eL U U a U oG U = 0 w d -6 u b y U id a ci -a a w do .d U c° a ad RA CO 1-4 .4 ' CI W 0 Z c a o O 4 p i o . , O U `� V 'G N a°�`c 04 p� c am. m . �+ L 4, 4 N3 6R L� 15 .� i- aa 3 y0 0 r. w w . 13 L ° N t ea �' Q• c o . U r 0 n g to " ea = It 1 ii; cr 7 : 3 . V L N .4w- E a w an r 2 c Q ,gob U ~ .. o C. U Q 1 e M .0 1� • ° 0. Co cc O ff . • \ N y o d ,�, A M bD O • i w 5 8 la ers 2 A E a U 4, E m d c v y m cd c b o 40 am .... - w+ A N -I—. i■ r N ul 1 a a� .. GA E W E tc r y i a o a'" co U c tia O. eci xi m a `� 0 > y 'it E 8 P at E � d Z 0 GocP 7 C�' Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00432 -1 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 dccument 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, t proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individual signing this document. 4A / /JId/1/ or✓CA'4'7i C d/ 74vc7 J 2 'C , Bidder 1//! j / 3 Signature of Authorized Representative ( Affiant) , Date 40/5 a*.JAI Z 3 /i02"'7 Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF GioP/Vtfe STATE OF FLORIDA IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:00PM l y 774/a Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 On this 1'? day of a4 , 20 / 3 , before m ,the undersigned Notary Public of the State of Florida, personally appeared ‘y whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS hand and official seal. He/She is ersonall known to me or has produced , as identifica� . d ) ; 1 4 04 - 1 . �i t-U (Notary Public in and for the County and State Aforementiorle jj, SEAL My commission expires: NOTARY r[, UCaTA: E GF FLORIDA ". -,,, Anna L. Haslar '� Commission #DD892704 END OF SECTION . Expires: MY 25, 2013 BONDED TIM ATLANTIC BONDING CC, INC. a SECTION 00432 -2 IFB 12/13-23 Concrete Construction Repairs Opening Date April 29th 2:OOPM • 2 y 7 ;; Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00434 -1 CONFLICT OF INTEREST AFFIDAVIT The Affiant identified below deposes and states that 1. The below named Bidder is submitting an Expression of Interest for the Ciiy 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 t 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 an/ 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, 1, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. IFB 12113 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM • (� 72:o e Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 69MWI / evA/owzr eo>vsTRVo:;0 / Bidder 1) 7 Signs re of Authonzed Representative (Affiant) Date 6/47/7104/ 664/4R Qe s'/Z IrA • Printed or Typed Name and Title of Authorized Representative ( Affiant) yam COUNTY OF b,J STATE OF FLORIDA On this 19 day of ai2 , 20 J. , before m he and ign d Notary - Public of the State of Florida, personally appeared whose name(s) is /are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WIT hand and official seal. He/She is personally known to me or has produced o as identification. 4 vit,fd $ 1/ 1 V i d 4 4/2/ (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: IVuin►cy PuaL1 c-sr : E GF FLORIDA "` • Anna L. Haslar = Corr:n i.ision #DD892704 Expires: MAY 25, 2013 -- END OF SECTION BONDED T1 In ATLANTIC BONDING CC., INC. • 00434-2 IFB 12113 -23 Concrete Construction Repairs Opening Date April 29th 2:00PM 0 goy 77�>> Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00436 -1 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 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 _ari agency or political subdivision_of any other state or with the United States, including; but riotlimited to, any bid or contract for goods or services to be provided to any public entifir 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 off juryt verdict, non -jury trial, or entry of a plea of guilty or nolo contenders. 3. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes 4• 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 public entity crime in Florida during the preceding thirty-six convicted of a pu tty g p 9 rtY - 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. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this swom statement. (Note: indicate which of the below statements apply) IFB 12/13-23 Concrete Conslnxtion Repairs Opening Date Apr0 29th 2:OOPM (2 riwo Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 X Neither the entity submitting this swom 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 swom 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 swom 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 swom 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. 01RAtilh coweRG�Gs ea/-ST vdfT''' rwc, 2 D D SZ Z g q g Bidder / y� 4/,1/3 FEIN No. Sig u t orizedd Representative (Affiant) Date .D.t774bO D9j, /J4 G�� 7DgArr Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF ee4/1/Ceil STATE OF FLORIDA On this 1q day of , 20 / , before me, e under, ign c Notary Public of the State of Florida, personally appeared �� ,AdE whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it WITNESS ,m hand and official seal. He/She is personally known to me or has produced zata,: s as identification. W ® #��. J (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: ' NOTARY PUBLIC -STA; E OF FLORIDA 00436 -2 Anna L. Haslar END ' OFSECTION = Commission #DD 892704 Expires: 0 3 pines: 1Vi.��' 25, 2 1 'BONDEDTURC ATI ANTIC BONDING CC., INC. r IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:00PM Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00438 -1 COMPLIANCE WITH THE PUBUC 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 projected,. 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 Bidderst documents. cdtR� 1 i4y eviticl ri6e CNSTirr/7o./1/ 7NC, $ ' _. Bidder 4T/3 Signature of Authorized Representative ( Affiant) Date .4 /nag 4 91./. P.1750,i'ivr Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF B STATE OF FLO On this 19 day of di --•& , 20 / , b me, enders' n Notary Public of the State of Florida, personally appeared whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it WITNES ropy hand and official seal. He/She is personally known to me or has produced J Ii iJ V , as identification. , ) (Notary Public in and for the County and State Aforementioned) SEAL - - My commission expires: 44449 ; m44x TL g 0moRIDA _ _ - .e Anna L. Haslar ° = END OF SECTION, Coi #DD892704 - . J Expires: MAY 25, 2013 noNDED TIrRL' ATLANTIC BONDING CC., INC. IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM c — '' / Z41d Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00440 -1 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 business. - ` . • 09 4 7 / 0 1 1 / 1 7 : c_7,Vcyff Cor/s7AUariA , • Name of Bidder Re", G3ax 75S V.07 Igo-74 Gxwi/iyectr6Aloz, co Address of Bidder Ov /lfJ 0> FL., Phone No. of Bidder Bidder Mail Address 3.V76.1 Bidder's Contractor's License No(s). A /° 9 �.1 (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 A Corporation � Principal Office Address: /09? life fl o / /// 1tyy &7 4U /dreFl s,274. 1. If Bidder is a corporation, answer the following: Date of Incorporation: - VAN4ARy AQC State of Incorporation: President's Name: 4C/ 94/ £aj/114 Vice Presidents Name: /10' 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: /✓�yy IFS 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM A c 7/4) Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12113 -23 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: „/ /A 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: Yes j2c.N/A 5. How many years has the Bidder been in = business as a Contractor andei ifs. present name? Nhv ye-AR.s ti 6. Under what other former names has the Bidder operated? 7. How many years experience in construction work has the Bidder had as a Prime Contractor? fV/Nl a t 8. List below information conceming 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. Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount T TY s tIvAIV jy0F $lpN t11 7221 Bons 0 S /D i/✓AZ /104 REP/W5' CA - 5oz o l i,31 eiR,€s Q 57del zk C if d _ ay' Ii Roy ��p oo ©� �5�,�2 Zk -� REPAIR'S ApoRy CdRas ti'�a'l�S a o� 1�Jaig� f ,��$ ad saY eD, o ors7?I2 /v4 exA 1 /07 - sg9� � �� ° sioff�Rx 7wRwoo �lqN ©ION�d l/g 6 B/zz - Thisibe '' %oc7 Q o , g � S�LL NI L✓ 0 22 /7 715- �d 3 -ss? oS ill,3 s /o�cv�o� s 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 00440 -2 IFB 12113 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM M Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 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). n/©4/8 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Bidder (attach additional s heets as necessary): A A 12. What is the Bidder's bonding capacity? t l-,ag Qo 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? a 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: 44Pl7L 66 aaffizfA77.eAl L/rOV r D, /12o,57/0 DirG< .93 Fe 7 7.;;1 •vs /lc . /1Rv FFZ 3 ,172 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). 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. �/V/i CdYC f77' C 4'S ' 74.4 'C, Name of Bidder ///9 /3 Sign- u of Authonzed Representative (Affiant) ate 00440 -3 - IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM � G °6'Y Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 0/7/7a/v ,Ogiti 6 /D2✓V7 Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF u STATE OF FLORIDA On this M ' CL' day of �� , 20 3 before m the unde igned Notary Public of the State of Florida, personally appeared whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/shelthey executed it. WITNESS hand and official seal. He is n personally known to me or has produced bz b , as identification. (Notary Public in and for the County and State Aforementioned) . SEAL . My commission expires: NOTARY ruBLlC sr.:' Q{' FLORIDA 0 Anna L. Haslaif %Commission #DD892704 END OF SECTION "Expires: MAY 25, 2013 BONDED TIIRC ATLANTIC BONDING CC., INC • 00440 -4 IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2 :OOPM / 7 J Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00450 -1 CERTIFICATION OF NON - SEGREGATED FACILITIES FORM The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of its establishments. The Contractor further certifies that none of its employees are permitted to rform their services at any location under the Contractors control during the life of this t nntraat,,where segregated facilities are maintained. The Contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, Iockerloomst and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees .which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin; because of habit, local custom, or otherwise. The Contractor agrees that (except where it has obtained identical certification from proposed - subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 and that it will retain such certifications in its files. civodtilly Coflc,'gri co'vs- , Zr✓c , Contracto zd/ 7//3 Sign a of A o rized Representative Date • ,2.t7n7 O✓✓ ,DdG✓019 FR.15S /DA r itt " Printed or Typed Name and Title of Authorized Representative END OF SECTION IFB 12/13 -23 Concrete Construction Repahs Opening Date April 29th 2:OOPM • Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00452 -1 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO ". If you answer "YES ", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? NQ (Y /N) 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? MO (YIN) • C 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? N Q (Y /N) Note: If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome s -r stalls of su and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsi Lion of facts shall be cause for forfeiture of rights for further consideration of the project identified. 6 7 44474 1 / cL3W .O' r CON 7&c7 J'✓ Firm • . f, Sig ature of Authonzed Representative Date L 7 / 1 / 0 , 4 / ,3err/ /J, ? 9 , 4r 7 Printed or Typed Name and Title of Authorized Representative END OF SECTION IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00454 -1 DRUG FREE WORKPLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture;"c`t'istribution, dispensing, possession, or use of a controlled substance is prohibited in'the workplace and specifying the actions that will be taken against employees for violations i3f'such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and Employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. • 3. Give each employee engaged in providing the commo or cnntractua! services that are proposed a copy of the statement specified in item 1. 4. In the statement specified in item 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled - substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Ma!'.- a good faith effort to continue to maintain a drug-free workplace a through implementation of this section. C-/CWi77097 Ca l/C42/ " " Ca4/3 UcduJ 21 Firm ( O WP7// • Sign re of A orized Representative Date I4/27 &e/.'4 7 /Kr 2s Printed or Typed Name and Title of Authorized Representative END of SECTION IFB 12/13-23 Concrete Constriction Repairs Opening Date April 29th 2:OOPM 4 v ".r L /Pie) Project Name: Concrete Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00456 -1 UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT The City of Sanford 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 of Sanford shall consider the employment by the Contractor'of unauthorized aliens, a violation of Section 274A(e), of the INA. Such violation by ti, " of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the City of Sanford. The Affiant identified below deposes and states that: 1. The below identified Contractor does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of • .1986. 2. Upon request of the City, it will provide copies of Immigration Form 1 -9 for each person associated with the above named company who has been or is present at the designated jobsite associated with any work or project resulting from this solicitation. - r CT/ti l y e- 2f CGW71 i►vc7ie 7.4 , Contractor � 27//9//g Signatufe ot Representative ( Affiant) Date L in a i/ ABiveiI &ifs /oirwr Printed or Typed Name and Title of Authorized Representative ( Affiant) COUNTY OF �� STATE OF FLORIDA On this J■ day of , 20 , befo m�, -$he unde i n Notary Public of the State of Florida, personally appeared �f whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he /she/they executed it WITNESS hand and official seal. He /She is personally known to me or has produced , as identification. E. Y/ `‘‘0 • (Notary Public in and for the County and State Aforementioned) - SEAL My commission expires: NOTARY FUBLICaTA: L' or FLORIDA Anna L. Haslar END OF SECTION Commission # DD892704 ''%..,. Expires: MAY 25, 2013 BONDED TIM ATI.ANT!C BONDING CC, INC 1FB 12/13 -23 Concrete Construction Repairs Opening Date April 29t1 2:00PM Project Name: Concrete _Construction and Repair Projects Solicitation No.: IFB 12/13 -23 SECTION 00458 -1 E- VEliarY CurtteLIANCE AFFI!?AV1 i The Affiant identified below attests to the following: 1. That the Contractor is currently in compliance with and throughout the term of the above identified project and will remain in compliance with Executive Order 11-02- issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ( "E- Verify") System to ensure that all emg4loyees of the Contract and the Contractor's subcontractors performing work under the gibove- listed Contract are legally permitted to work in the United Star. 2. Each Contractor that performs work under the Project referenced above shall provide :f the e City of 2 ' �:. , copy . a copy of the "Edit Co ....�.+�. . .. P c ie° c... e'en •_!. _.`,^'fling 'V Viii - o , F ii.:i' enrollment in the E -Verify Program. 3. . The Contactor will regiRter and perlidp a in the work stet! is verification for all newly hired employees of the contractor and for all subcontractors performing work on thee. above - listed Contract. 4. The Contractor agrees to maintain records of its compliance with the verification �- •. requirements as outlined in this Affidavit and, upon request of the any Authority having r. -:te -a t h Staff' r f ' f 1...«.,1.. , agr to jur::f �:_ : G'J: the PiC1j=r•, Inc!: .:;r_;, but r=:� -t 1 =ee... - it, t: _ -___- = 1L•c = - - ;� -'_ - provide a copy of each such verification to that Authority. 5. That a!! per — ns ngs b th r Al* its c ub s to perform work tinder the above identified project will meet the employment eligibility requirements as established by the Federal Government and the government of the State of Florida. 6. That the Contractor understands and agrees that its failure to comply with the verification requirements as set forth herein or its failure to ensure that all employees and subcontracts performing work under the above identified project are legally authorized to work in the United States and the State of Florida constitute a breach of contract for which the City of Sanford may immediately terminate the Contract without notice and without penalty. Contractor further understands and agrees that in the event of such • termination, the Contractor shall be liable to the City for any costs incurred by the City as a result of the Contractor's breach. 7. That for the purposes of this Affidavit, the following definitions apply: "Employee" — Any person who is hired to perform work in the State of Florida. Status Verb lion System" — the procedures developed under the illegal Immigration Reform and Immigration Responsibility Act of 1996, operated by the Department of IFB 12!13 -23 ranc.eta Ci^ :=1 R p Opc;:t::a 4A • Prot Name- Conerm -A C,onetr u t!nn and Renair Pro,?rtc Solicitation No.: IFB 12/13 -23 Homeland Security and known as the "E -Verify Program ", or any successor electronic verification system that may replace the E-Verify Program. e/9/1 CowcR2 Co pt/, 7f wV 2 /c. Contractor V/ Signature o orized Representative (Affiant) • Date ,G4 o./ 9a 'M f feiS/0 w/7 Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF e9%��r'2 STATE OF FLORIDA On this /4 day of � / , 20 l , before a je undersi ned Notary. Public of the State of Florida, personally appeared �` whose name(s) is/are subscribed to the within instrument, and he/she/theyt acknowledge that he /she/they executed it. WITNESS hand and official seal. He /She is personally known to me or has produced, izerce4W a �4.P.�a -� . — , as identification. a ,y 7 z e t) /64- the County and State Aforementioned (Notary Public in and for t ty Aforementioned) SEAL My commission expires: NOTARY G> FLORIDA r!;r�9.t! - _ Arr•: L. Hadar ▪ Corrr.i ;ien # DD892704 - • ' Expires: 14 W 25, 2013 END OF SECTION BOND ATI .nrri;C BONDING MOM 001:? -2 IFB 12/13 -23 Concrete Construction Repairs Opening Date April 29th 2:OOPM 'aTw .A !°iF) T4) e r V��1i 16 t 'cm te: cac V Vf 131.1 utruUl s c il eCtS Solicitation No.: IFB 12/13 -23 SECTiON Ai liERICAPIS WITH DISABILITIES ALT AFFIDAVIT By executing this Certification, the undersigned Contractor certifies that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford. • n t+ tr u:ll n di n•�i ai! s t a ny emp 'nveo n a ppli-� a nt fen' a intin?o n_ The �,er= o = :�.�_ IPA!! -- _ : -:�. � - - - =- - - - - __- •__ r i!O - of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to comply with the rules, regulations and relevant orders issued pursuant to the Arneric with Disabilities Act (ADA), 42 l USC s. 12101 et seq. It is understood that in no event shall the City of Sanford be held liable for the actions or omissions of the Contractor or any other party or parties to the Agreement for failure to comply with the ADA. The Contractor agrees to hold harmless and indemnify the City of Sanford, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the Contractor's acts or omissions in connection with the ADA. chwimi/R7 ea..y c11P.6 1 7 , e 6iA/S7al?u 07o G • Contrac ij/iq//3 Sigh'ature of Authonzed Representative (Affiant) Date Printed or Typed Name and Title of Authorized Representative ( Affiant) COUNTY OF !Y/ter/7 STATE OF FLORIDA On this 1" " day of , 20 / 3 , before me, a under& ned Notary Public of the State of F orida, personally appeared � whose name(s) is/are subscribed to the within instrument, and he/she/they ack owledge that he/she/they executed it. WITNESS,rry hand and official seal_ He /She is personally known to me or has produced , as identification. (Notary Public in and for the County and State Aforementioned) .'SEAL My commission expires: Ivuinxz runlrL 5�: stir FLORIDA END OF SECTION _ Anna Hasler �_; ,., , Com_missiea #DD892704 - %.„,„„S Expires: Arla 25, 2013 BONDED TIIRC ATI.AN I.0 BONDING CC, INC. 3 Cv^ :.".. .. n...... n..,..c..,. n..t Apt 22th 00PM IFB 12I1., -2 5e C�......,...,.o... ,.,,� � .: :....,. ,- .,:::: ___. _ :, SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) caraway Concrete Construction, Inc. , as Principal, and (2) Capitol Indemnity Corporation , as Surety, are hereby and firmly bound unto The (3) City of Sanford, Florida as Owner, in the penal sum of (4) - Five Percent (5 %) of Proposed Bid - Dollars ($ 5% ) (5 percent of the total base bid) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) The City of Sanford, Florida_ as Owner a certain Bid.for (5) Concrete Construc cion and Repair IFB 12/13 -23 , attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) City Or oa�nu�u, FiOflt�� 4) Amount of Bond as Required in the Instructions to Bidders s) Name of Project as Shown in Invitation for Bids ♦li rg -n�-r� NOW, 1I-IERE JRE, • 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. 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 scaled this 29th day of April , 2013 Caraway Concrete Construction, Inc. ATTEST: Princip - At ■No By ( nncipal cer) By (Signature of Officer) QAi27 41 60td (r'6�, 5/01427 4v471944J Zavizm Mars - 7D Typed Name and Title Typed Name and Title _ IFB 12/13 =23 Concrete Construction Repairs Opening Date April 29th 2:OOPM IFB 12/13 -23 Concrete Construction and Repair - • 1049 W Riviera Blvd (CORPORATE SE,PL) Address Oviedo, FL 32765 - = City, State, Zip Capitol Indemni Co ...ration Surety -- Th t4L orney -in- ac . Natalie C. Demers, CCSR Laura D. Mosholder, Attorney -In -Fact & Typed Name and Title - witness Typed Name and Title Florida Resident Agent 4380 St. Johns Pkwy, Ste. 110 (SEAL) Address Sanford, Florida 32771 City, State, Zip 407- 330 -3990 407 - 330 -394 Telephone No. Facsimile No. Article VIII. END OF SECTION IFB 12/13-23 Concrete Construction Repairs Opening Date April 29th 2:OOPM IFB 12/13 -23 Concrete Construction and Repair • • „,..... .,... 4 ,,,,, -- .. -- ' ;.;.,,. . .!;,,,. ' .. -' ; , ,, - ! ., -; ., ,:-.. - I - I, , , ,, - \/ ,. , .. Ir . , - -- .„ - - !'"; „ "'! ..., \/ _,..., 'c'''' ..- r- .,, I- __,, -1 ';' .. ,- ... /I-,- „ 'racr.,,, '-;;.","-;-! ! ! ' :T - -- \ . •-„ -- - . 7=:;,/. - I-7. - ...:‘ , .- .- , 7. - --.,... - -,-, - -;.' , I......=-../,.-f.. ‘.; , M 4 %I.: W.i•xl..v.1 "/ 44:4;ri,',i,,,,!,f4,-;,7,41';,:',,ii745,s°,,,,:!,iF,, 4,' li* PZ,, ,Ii..,, -, ... , .$A.;±T4s,, , .., , ..%;, , ,,:;= , 6 :,=. 5. - , ,,,,, , .' ' ..".4'.."-:' ''."', - ;',' ' ' : . .. . 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' GR. - \! 1... .:- , , , : i 1 1 : , ,. :., 12.1.:..:'NI.:`,__I-:!!' . :1 ' 1 RIGHT H D c()RNER IF :( i AN rOU 1 \ ii.',V-.. •:,:::' QIIES FIC ,-,'..-, 1 ,.,'."-:!... Li . k l;',1?- 0, I Hi:: --,'_., i -',;:..!:T!'„!!! !, !!!! !!-!!! I.!. , (...!,!:!: 1 ; !I / ,,, 1 (.;--', ' , -----h,1 if'!! ;,!!!!j ,1 I ■ - ■ , 1 ',;:' :-::::,',,,, • ■• r- 7 .,...-',.;!,, '':--71:- r .i " 74. ; WA i tiiliii 4 l'ilk"Mi."1414"P11.4-11,141411W9i N41118111414114/4111144101tnelnYAVIVITAZINITIVOrtV4VVAttrrAIN:PliNarr:111iffYiltIViitY4VerVINIVIllatTIVIiiiiialrfAiaMir(:;Tiqc:;: 1`!1; +fiv.'4 . 4 . ' 4 4 ,,W i i 44 i■■• 74. 4 +74 44 ,1 414, - 4 4 004 4 .4 i:i.'-41 4 ,i1.4.4V 4 ',IAT 4 4 0.1:1' 4 t .4 'VI 4 v44,,y,,y 4 ,t4,4.1;,$ t,f,4/111 4. +.;.2,,; 4. t;,f,:,/,) 4 + ,,,4,,,4,,,,i,.,7 - ,4. : +41 : .N4,11,1,:' :. ', , ,,^,, - ,,,,s;:::,:, .::':-:- P:0/4 4' ...44 Vti: *- 'AV 44 ''.:. 44'''.':':".."0.%:',../.0t4 ' ''':". !.-=:::::-..e1'!'t.:::::::?::'''' - ';==;,:;:-f=. =' i "-..L':-fe.:, ^=`=: 4 1:::1:::L..- ' ' , :r..75t , : ,- ;:' ,-- , ' - -- " .--.",::::::.:-. -*::::-=.'," ' - 17 , -;-77 ,- /NTS:47; ,-- , 7 • 7 7 , , , S4 ,77 \ 7 ' ,,,,,,-,,,,,' \:-..F;,- ..-::-.,_-...:-.,,,, ,, zt..- - ,... 7_,_1_:: ' •-77,er _ - 7. _3_,,, . 7: ,,„ , c . , ,, - ; ,,, :,,,,,, . ..,, . „. „,, <_,__,,_ ,...._ _ , - ?ari K. Wood, Tax Collector Local Business Tax Receipt Orange County, Florida is 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 ofzoning, health and othe wful authorities.This receipt is valid from October 1 through September 30 of receipt year. Delinquent penalty is added October t ***ORIGINAL*** 2012 EXPIRES 9/30/2013 1816- 1026982 1816 CONCRETE $30.00 1 EMPLOYEE- _ • - y 1DOWDA DAMON S. PRESIDENT - P TOTAL TAX $30.00 PREVIOUSLY PAID $30.00 CARAWAY CONCRETE CONSTRUCTION INC TOTAL DUE $0.00 DOWDA DAMON S - P 0 BOX 620755 __ OVIEDO FL 32762 -0755 3432 N TANNER RD (MOBILE) U - ORLANDO, 32826 PAID: $30.00 99- 563786 9/13/2012 This receipt is official when validated by the Tax Collector. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amanda Meadows McLain Pierce & Associates PHONE t) .800- 330 -3562 1 FAX Not : 407- 321 -4292 ADDRESS: mCp@InsurefI.COm INSURER(S) AFFORDING COVERAGE NAIC # Sanford FL 3 27 72 -1 41 9 INSURER Florida Citrus, Business & Industries Fund 31259 INSURED INSURER North Pointe Casualty Ins. Company 39462 Caraway Concrete Construction, Inc. INSURER C : P.O. BOX 620755 INSURER D : INSURER E : Oviedo, Fl 32762 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POUCY EXP LIMITS LTR INSR WVD POUCY NUMBER IMM/DD/YYYY1 IMM/DD/YYYYI GENERAL LUIBIIJTY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY PRFMISFS (Fe reE�ne) $ 100,000 CLAIMS -MADE 1 OCCUR X 3094123833 09/18/12 09/18/13 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POUCY f T -r P1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Fe eminent) B ANY AUTO BODILY INJURY (Per person) _ $ ALL OWNED SCHEDULED AUTOS AUTOS X 3094123833 09/18/12 09/18/13 BODILY INJURY (Per accident) $ NON -OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Pererridant) UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED 1 1 RETENTION $ $ WORKERS COMPENSATION X 1 Tnc i IMIT4 1 17. AND EMPLOYERS' LIABILITY A OFFICER/MEMBER EXC UDED ?ECUTIVa N/A 10633088 04/01/13 04/01/14 E.L. EACH ACCIDENT $ 100,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 100,000 If es, describe under DESCRIPTION OF nd OPERATIONS below E.L. DISEASE - POUCY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF SANFORD ATTN: PURCHASING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. BOX 1788 ACCORDANCE WITH THE POLICY PROVISIONS. 300 N. PARK AVENUE SANFORD, FL 32772 AUTHORIZED REPRESENTATIVE <AM> © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD