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1590 Ed Waters & Sons Contracting-RiverWalk Ph II 0 -187 77-4 rte+ CNI DOCUMENT APPROVAL 6/5/2013 11:52 AM Contract Agreement Name: Ed Waters & Sons Contracting Co IFB 12/13 -15 US 17/92 Riverwalk PH II 0 73 u asing Man. :sr Dat uits-ti3 Finance Director Date " 440/4.11b,0 torney Date c., lb..../ 1\,.. . ` LIt o ,,..., 0 ,,, ED WATERS & SONS CONTRACTING CO., INC. LETTER OF TRANSMITTAL Date: 06/05/13 Job No. 1305 — 3375 Agricultural Center Drive St. Augustine, FL 32092 Attention: Bill Smith — Purchasing Manger Phone: 904 - 823 -8817 RE: US 17 -92 Riverwalk Phase II r Fax: 904 - 823 -9687 City of Sanford Post Office Box 1788 Sanford, FL 32772 -1788 (407) 688 -5020 WE ARE SENDING YOU ® Attached ❑ under separate cover via US Mail the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Orders ® Other — See Below ITEM COPIES DESCRIPTION 1 1 00450 — Certification of Non Segregated Facilities Form 2 1 00452 — Dispute Disclosure Form 3 1 00454 — Drug Free Workplace Form 4 1 00456 — Unauthorized (Illegal) Alien Workers Affidavit 5 1 00458 — E -Verify Compliance Affidavit 6 1 00460 — Americans with Disabilities Act Affidavit 7 3 00520 — Agreement — Contract 8 1 00605 — Performance Bond 9 1 00610 — Payment Bond 10 1 00615 — Materials and Workmanship Bond (Blank) 11 1 00618 — Insurance Requirements 12 1 00620 — Insurance Certifications and EW&S Certificate of Insurance THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution O As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ REMARKS: Please note that the date has been left blank on the Agreement forms and the P &P Forms. Please fill in these dates upon Execution of the Agreement and furnish copies for our records. COPY TO: 1305 — Contract Ed W. . s : ins Contracting Co., Inc. 11 onolo. are not as not.d, Idndly notity us at once. SIGNED: . V WIC Pr' ndergast, President US 17 -92 Riverwalk Phase 11 141 LL. • SECTION 00520 Ira AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into theJO day of Z /L , 2 of 3 J by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Ed Waters and Sons Contracting Company, whose principal and local address is 3375 Agricultural Center Dr, St. Augustine, FL 32092, hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in PP rY P the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of 111 this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section 00520 - Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00010 -1 of the Project Manual) includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Project. 3. Addenda Applicable to the Bid 4. Contractor's Bid, 00410. 5. Performance Bond, 00605. 6. Payment Bond, 00610 7. Material and Workmanship Bond, 00615. 8. Trench Safety (Executed Form), 00430 9. Non Collusion Affidavit, 00432 10. Conflict of Interest Affidavit, 00434 11. Public Entities Crime Affidavit, 00436 12. Compliance With the Public Records Law Affidavit, 00438 13. Bidder Qualification Affidavit, 00440 14. Certification Of Non - Segregated Facilities (Executed Form), 00450 • 15. Disputes Disclosure (Executed Form), 00452 16. Drug Free Workplace (Executed Form), 00454 FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • 17. Unauthorized (Illegal) Alien Workers Affidavit, 00456 18. E- Verify Compliance Affidavit, 00458 19. Americans With Disabilities Act Affidavit, 00460 20. Financial Information (Executed Form) (If Required by City), 00462 21. Insurance Certificate(s) 22. Notice of Award, 00510 23. Criminal Background Check Requirements, 00525 24. Notice to Proceed, 00530. 25. Consent of Surety to Final Payment (Executed Form), 00617. 26. Contractor's Application for Payment (Executed Forms), 00625. 27. Certificate of Substantial Completion, 00626. 28. Certificate of Final Completion, 00627. 29. Contractor's Partial Release of Lien (Executed Forms), 00640. 30. Subcontractor's Final Release of Lien (Executed Form), 00641. 31. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 32. Contractor's Release of Lien (Executed Form), 00645. 33. Project Field Order (Executed Form), 00940. 34. Work Directive Change (Executed Form), 00945. 35. Change Order (Executed), 00950. 36. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.35, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. • These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Documents. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the US 17 -92 Riverwalk Phase II Protect. C. Contract Time The Contractor shall begin work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is three hundred and five (305) calendar days. The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this • Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,500 (One Thousand Five Hundred Dollars) for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one -fourth ( of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of Four Million Nine Hundred Twenty Three Thousand Four Hundred Seventy Dollars and Eighty Two Cents ($4,923,470.82). Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. • F. City of Sanford Tax Recovery - N/A G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10 %, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. • FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -3 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • I. Engineer The Project has been designed by CPH Engineers, Inc., referred to in the documents as the Engineer. J. Additional Terms and Conditions 1. The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and /or service providers to provide the same goods and /or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and /or service providers for CITY projects. The CITY reserves the right to select which goods and /or services provider shall provide goods and /or services for the CITY's projects. • 4. The CONTRACTOR agrees to provide and ensure coordination between goods /services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. • 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -4 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and /or services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" • shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. c. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty-eight (48) hours of the CITY's written request for such information. This information will be reviewed, screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and /or work sites. d. The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors • and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning in a position critical to the security and /or public safety FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -5 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • of the CITY by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: 1) Fingerprinting in accordance with the CITY's pre - employment procedures; 2) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. e. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and /or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City Commission to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. f. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and /or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and /or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR • shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -6 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase II • improper performance or failure to perform any of the goods and /or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and /or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing • period represents the dates in which the CONTRACTOR completed goods and /or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his /her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; c. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and • d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -7 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • 23. Until further notice from the City Manager the designated representative for this Agreement is: Christopher O. Smith Project Manager City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and /or services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the P CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or c. The CONTRACTOR, or any employee or agent of the • CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. • 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -8 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. • 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and /or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of • such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and /or services unless and until the CITY's designated representative FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -9 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • notifies the CONTRACTOR in writing that the provision of the goods and /or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and /or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. c. Nothing herein shall be deemed to affect the rights, privileges, and • immunities of the CITY as set forth in Section 768.28, Florida Statutes. FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -10 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. f. The CONTRACTOR shall submit a report to the CITY within twenty -four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. • 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. • 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -11 02 -14 -2013 SPECUB110712 US 17 -92 Riverwalk Phase 11 • thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the • CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -12 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the • CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and /or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely • affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -13 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • 60. The CONTRACTOR shall ensure that all goods and /or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or • performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the • Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -14 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of PP PP Y , such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the • CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and /or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and /or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the • Eighteenth Judicial Circuit Court in and for Seminole County, Florida. FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -15 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, • understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall • continue in force. FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -16 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase!! • 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid • or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall • be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -17 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Ed Waters an• ins Contracting Company Name o 4 ir Pig 03 J By ( -'• atu -) Date (SEAL) Eric Prendergast / President Printed Name and Title ATTEST: (3‘/.3 By (Sign ure) at Wayne Waters / Vice President Printed Name and Title • OWNER: Cit of Sanford Name of Owner illko 'Anal �rf' ' I C By (Signature) Date (SEAL) Jeff Triplett, Mayer Printed Name and Title ATTEST: d,,,,,),z/_,up( pia r By (Signature) Date Janet Dougherty, City Clerk Printed Name and Title Approved a to form and lee -1 s i err cy. 4471. liam . Col eert f ,9 � to i s City Attorney I� a- LO f • 4r4- END OF SECTION FPIN: 430913 -1- 58/68 -01 AGREEMENT FORM City of Sanford Bid No. IFB 12/13 -15 00520 -18 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase!! SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the (1) US 17 -92 Riverwalk Phase II, is hereby made to (2) The City of Sanford, hereafter called the Owner. This Bid is submitted by (3) Ed Waters and Sons Contracting Company 3375 Agricultural Center Dr St. Augustine. FL 32092 (904)823 -8817 (1) Name of Project as shown in the Invitation for Bids (2) Owner (3) Name, address, and telephone number of Bidder 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number 1 Dated 3/19/2013 Number 2 Dated 4/4/2013 Number 3 -7 Dated 4/10/2013 Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. 4. To accomplish the work in accordance with the Contract Documents. FPIN: 430913 -1- 58/68 -01 BID FORM City of Sanford Bid No. IFB 12/13 -15 00410 -1 02 -14 -2013 SPECLIB110712 NAME OF BIDDER: Ed Waters and Sons Contracting US 17 -92 Riverwalk Phase 11 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the work within three hundred and five (305) calendar days of the date of the Notice to Proceed. 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. (This area intentionally left blank) FPIN: 430913 -1- 58/68 -01 BID FORM City of Sanford Bid No. IFB 12/13 -15 00410 -2 02 - 14 - 2013 SPECLIB110712 NAME OF BIDDER: Ed Waters and Sons Contracting US 17 -92 Riverwalk Phase 11 This Page Intentionally Left Blank FPIN: 430913 -1- 58/68 -01 TRENCH SAFETY FORM City of Sanford Bid No. IFB 12/13 -15 00430 -2 02 -14 -2013 SPECLIB052803 US 17 -92 Riverwalk Phase 11 SECTION 00430 TRENCH SAFETY FORM Bidder acknowledges that included in the various items of the proposal contained on the Bid Form are costs for complying with the Florida Trench Safety Act (FS 553.60- 553.64). The Bidder further identifies the cost of compliance with the applicable trench safety standards for the project as follows (Bidder to attach additional sheets as necessary to identify all costs): Trench Safety Measure Units of Measure Unit Unit Cost Extended (Description) (LF, SF, SY) Quantity Cost A Open Cut Pipe Line Trenches LF 852 2.00 1704 B C D E F TOTAL $ 1704.00 The total cost shown herein is already included in the various items on the Bid Form and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Submitted, signed and sealed this l 7 day of kft-g- , 201 Ed Waters n Sons Contracting Company Bidd r Si a re Eric Prendergast / President Printed Name and Title ATTEST: �/ �l V. Piet 4//7//3 Signat re Date (SEAL) END OF SECTION FPIN: 430913 -1- 58/68 -01 TRENCH SAFETY FORM City of Sanford Bid No. IFB 12/13 -15 00430 -1 02 -14 -2013 SPECLIB052803 US 17 -92 Riverwalk Phase 11 whose name(s) is /are subscribed to the within instrument, and - - • - • - acknowledge that he /she /they executed it. WITNESS my hand and official sea - personally known to me or has •roduced , - identification. .\\ (Notary Public in and for the County nd Sta Aforementioned) SEAL My commission expires: END OF SECTION o RY pV • . Notary Public State Tonja H Williams of Flo iy of i off• x Commis DD97592 Expires 04/20/2014 3 FPIN: 430913 -1- 58/68 -01 NON COLLUSION AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00432 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase!! ' SECTION 00432 NON COLLUSION AFFIDAVIT The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 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. Ed Waters an ons Contracting Company Bidder Sign ture o uthorized Representative (Affiant) D 6 te Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY O `✓` l - `�_ — STATE OF FLORIDA On this \1 day of "- 1 , 20 , , fore me, the undersigned Notary Public of the State of Florida, personally appeared - �.�-.. I ke_^^ y--2.a- FPIN: 430913 -1- 58/68 -01 NON COLLUSION AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00432 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 SECTION 00434 CONFLICT OF INTEREST AFFIDAVIT Project Name: US 17 -92 Riverwalk Phase II Bid No.: City of Sanford Bid No. IFB 12/13 -15 The Affiant identified below deposes and states that: 1. The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Bidder's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project 5. Neither the Bidder nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. I certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. I certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. FPIN: 430913 -1- 58/68 -01 CONFLICT OF INTEREST AFFIDAVIT City of Sanford Bid No. IFB 12113 -15 00434 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase II Ed Waters d Sons Contracting Company Bid 1� 1'j �� S' 'nr of Authorized Representative (Affiant) at Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY Or---- r "' -c• STATE OF FLORIDA c*\ 2 0 , b re me, t e u ndersigned On this t day of II appeared & &-. (•--a--,---- < < Notary Public of the State of Fl rida, personally pp eared wh• - name(s) is /are subscribed to the within instrument, and he he /they -c now e• • - at = she /they executed it. WITNESS my hand and official seal. He /She is • - , • -II • • n • • e or has produced , as identification. { 1 • C____ ____. (Notary Public in and for the County nd Sta Aforementioned) SEAL My commission expires: ° \ 1 _ PV S G Notary Public State of Florida END OF SECTION Tonja H Williams I ., ^ i My Commission D0975923 Yi kOF 0. Expires 04/20/2014 FPIN: 430913 -1- 58/68 -01 CONFLICT OF INTEREST AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00434 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase II 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) I understand that the submission of this form to the City of Sanford is for the City only and, that this form is valid through December 31, of the calendar year in which it is filed. I also understand that i am required to inform the City prior to entering in to a contract in excess of the threshold amount provided in section 287.017, Florida Statues, for category two of any change in the information contained in this form. Ed Waters and Sons Contracting Company 58 1078763 Bidder No. 4 rl 13 Sig at ' f Authorized Representative (Affiant) at Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY O `� . r', .L STATE OF FLORIDA On this \ fl day of ; \ , 20 \ , b e me, the undersig� Notary Public of the State of orida, personally appeared `_- ` ° 4-- 1 - � f-` os- - -me(s) is /are subscribed to the within instrument, and he / sIe /they acknowledge h- /she /they executed it. WITNESS my hand and official seal. He /She is • - • - 7 • • « o me or has produced , as identification. FLORIDA STATUTES ON FPIN: 430913 -1- 58/68 -01 PUBLIC ENTITY CRIMES AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00436 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 SECTION 00436 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT Project Name: US 17 -92 Riverwalk Phase II Bid No.: City of Sanford Bid No. IFB 12/13 -15 The Affiant identified below attests to the following: 1. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 3. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty -six (36) months shall be considered an affiliate. 4. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. FLORIDA STATUTES ON FPIN: 430913 -1- 58/68 -01 PUBLIC ENTITY CRIMES AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00436 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverw� ase \ l n .....____Q r w > (Notary Public in and for the Coun and ate Aforementioned) SEAL My commission expires: 13 END OF SECTION Y P(� Notary Public State of Florida o`I' J) 4fi Tole H Williams 975923 t• . D D FLORIDA STATUTES ON FPIN: 430913 -1- 58/68 -01 PUBLIC ENTITY CRIMES AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00436 -3 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 This Page Intentionally Left Blank FLORIDA STATUTES ON FPIN: 430913 -1- 58/68 -01 PUBLIC ENTITY CRIMES AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00436 -4 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers /Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity which pages /paragraphs of their bid /proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the Bidders documents. Ed Water d Sons Contracting Company Bid e //i Sn tur of Authorized Representative (Affiant) Da e Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OFD M '` STATE OF FLORIDA t...t -� On this X day of , 20 \ , befole me, the undersigned Notary Public of the State of Flori a, personally appeared ' . Y -A - - - is /are subscribed to the within instrument, and he /sf /they acknowledg - that he /she they executed it. WITNESS my hand and official seal. He /She is .ersonally known to • - •r has Produced , as identification. w A �\ J (Notary Public in and for the C unty an State Aforementioned) A My commission expires: 1 o1PRY °u4 Notary Public State of Florida Tonj H a t My C ommiss Willi ion ms 00975923 9 OF F‘9p Expires 04/20/2014 i END OF SECTION COMPLIANCE WITH THE FPIN: 430913 -1- 58/68 -01 PUBLIC RECORDS LAW AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00438 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 This Page Intentionally Left Blank COMPLIANCE WITH THE FPIN: 430913 -1- 58/68 -01 PUBLIC RECORDS LAW AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00438 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 SECTION 00440 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of business. Ed Waters and Sons Contracting Company Name of Bidder 3375 Agricultural Center Dr St. Augustine, FL 32092 (904)823 -8817 eprendergast @edwatersandsons.com Address of Bidder Phone No. of Bidder Bidder E -Mail Address Bidder's Contractor's License No(s). CGC003421 (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 (x) A Corporation Principal Office Address: 3375 Agricultural Center Dr St. Augustine, FL 32092 1. If Bidder is a corporation, answer the following: Date of Incorporation: 1970 State of Incorporation: Florida President's Name: Eric Prendergast Vice President's Name: Ashley Whitman 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: FPIN: 430913 -1- 58/68 -01 BIDDER QUALIFICATION AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00440 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase II 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: _Yes X N/A 5. How many y ears has the Bidder been in bus iness as a Contractor under its present name? 43 Years 6. Under what other former names has the Bidder operated? N/A 7. How many years experience in construction work has the Bidder had as a Prime Contractor? 43 Years 8. List below information concerning projects the Bidder has completed in the last five (5) years as a Prime Contractor for the type of work required for this project (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Bidder named above. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Bidder. Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount Pile Driving Wayne Lasch P.E. 7,452,914 Pier Construction Navarre Beach Pier Santa Rosa County Y Site Work (904) 363 -8449 Mechanical, Electrical, Plumbing Building Renovations Sheet Pile Installation Tie -Back System Waterside Pointe Ryland Homes Brent Albertson 4,787,665 Concrete Cap (321) 299 -3156 Site Work Pile Driving Loch Haven Bridge Construction City of Orlando Bill Burns P.E. 1,500,000 Trail /Bridge (407) 246 -3759 Site Work Site Utilities FPIN: 430913 -1- 58/68 -01 BIDDER QUALIFICATION AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00440 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount Wharton -Smith * Sanford Riverwalk City of Sanford Tim Smith 993,420 Seawall Construction Phase I (407) 321 -8410 * For informational purposes. Subcontractor to Wharton- Smith. 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 FPIN: 430913 -1- 58/68 -01 BIDDER QUALIFICATION AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00440 -3 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase!! 10. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore (attach additional sheets as necessary). No. 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Bidder (attach additional sheets as necessary): None. 12. What is the Bidder's bonding capacity? 16 Million 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? 1 Million 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: Westfield Insurance Company Kyle Whitman 10739 Deerwood Park Blvd. Suite 200 Jacksonville, FL 32256 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). None. FPIN: 430913 -1- 58/68 -01 BIDDER QUALIFICATION AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00440 -4 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 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. Ed Waters Sons Contracting Company Nam f id er If 1 4'17/1.3 D Si n re of Authorized Representative (Affiant) to Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF �'�" - r Q-" STATE OF FLORIDA On this \ day da of \ , 20 \ , befor me, the undersigned Notary Public of the State of Flo da, personally appeared `� -- 4-- �- --fmO ' ose : e(s) is /are subscribed to the within instrument, and he /sh '---1/4:'---1/4:2-J /they acknowled•e that -/she/they executed it. WITNESS my hand and official seal. He /She is personally know • me or has produced , as Teen i Ica ion. c_________:____--)- -\---,.._)-, .\ L____---,__, (Notary Public in and for the County an State orementioned) SEAL My commission expires: °2 6 r END OF SECTION = o t0ar ft % Notary Public State of Florida Tonja H Williams y , if My Commission DD975923 ''F n o* Expires 04/20/2014 FPIN: 430913 -1- 58/68 -01 BIDDER QUALIFICATION AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00440 -5 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase!! This Page Intentionally Left Blank FPIN: 430913 -1- 58/68 -01 BIDDER QUALIFICATION AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00440 -6 02 -14 -2013 SPECLIB110712 Navarre Beach Pier Navarre, Florida r � t C Navarre Beach Fishing Pier, Navarre Beach FL gym D te : 02 02.2ol Date :02.o2.zo,o E Ed Waters & Sons Contracting Co., Inc nr.,, e8e342.0231 Client: This project consisted of the construction of a new, 1,545 if ocean Santa Rosa County, FL fishing pier and the demolition of the old pier. Construction of the new pier featured top -down construction as the new pier was Design Engineer: constructed from North to South. Atkins (Formerly PBS &J) Project highlights include: Contract Amount: • Installation of 146, 24 "x 24" precast prestressed concrete piles. $7,452,914 • Utilization of precast concrete pile caps & beams. • Construction of a 3,800 SF octagonal pier head. Completion Date: • Fabrication and installation of approx. 1000 blow -out timber June 2010 deck panels designed to disengage from the pier during periods of high surf. Contact: • Utilization of turtle- friendly low- pressure sodium lights. Wayne Lasch P.E. • Contract included all mechanical, electrical, and plumbing Atkins work, renovation of the existing building, and associated site (904) 363 -8449 work. E. . .• Ed Waters & Sons Contracting Co., Inc. Waterside Pointe Groveland, Florida • . Client: Ryland Homes This design -build project consisted of approximately 7,000 linear feet of seawall/bulkhead including the Design Engineer: installation of a permanent sheet pile retaining wall, Bridge Design concrete cap, and helical anchor tie -back system to Associates, Inc. facilitate the construction of residences along the shoreline of a 200 acre lake. Contract Amount: $4,787,665 Project highlights included: • Design & construction of approximately 7,000 wall Completion Date: feet of steel sheet piling seawall. 2008 • Installation of a continuous 2' -6" x 2' -6" pre -cast concrete cap. Contact: • Installation of continuous waler and helical anchor Brent Albertson tie -back system. (321) 299 -3156 • Contract included associated site development work. S. Ed Waters & Sons Contracting Co., Inc. Loch Haven Trail/Bridge Orlando, Florida 14 te • '40 1 1414 44,1 t - • `4% fi t ; ! + r ! Y 6 ' Client: This project consisted of demolition of existing railroad components City of Orlando and the construction of 800 total feet of a new trail inclusive of asphalt, concrete, bridge, underground storm, and Design Engineer: electrical/lighting systems. Mactec Engineering And Consulting, Inc. Project highlights included: Contract Amount: • Demolition and removal of a portion of the historic $1,500,000 downtown Dinky Line Railroad. • Construction of 500 feet of precast/CIP concrete bridge on Completion Date: steel piles. 2007 • Installation of 1,000 feet of aluminum handrail. • Construction of 800 feet of asphalt and concrete trail. Contact: • 400 feet of underground storm system. Bill Burns • All related sitework, site utilities, landscaping, and City of Orlando lighting. 407 - 246 -3759 Eitit Ed Waters & Sons Contracting Co., Inc. Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD, P.E. GOVERNOR Tallahassee. FL 32399 -0450 SECRETARY February 19, 2013 WATERS, ED & SONS CONTRACTING CO., INC. 3375 AGRICULTURAL CENTER DR ST. AUGUSTINE FL 32092 RE: CERTIFICATE OF QUALIFICATION Dear Sir /Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 5/30/2014. However, the new application is due 3/31/2014. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant' s audited annual financial statements and, if applicable, the audited interim financial statements. Section 337.14 (4) F.S. provides that your certificate will be valid for 18 months after your financial statement date. This gives a two month period to allow you to bid on jobs as we process your new application for qualification. To remain qualified with the Department, a new application must be submitted subsequent to any significant change in the financial position or the structure of your firm as described in Section 14- 22.005(3), Florida Administrative Code. Your company's maximum capacity rating has been established based on X Audited Reviewed financial statements. To access it, please log into the Contractor Prequalification Application System via the following link: https: / /www dot. state. fl .us /ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: ! C � . INTERMEDIATE BRIDGES, MINOR BRIDGES j FDOT APPROVED SPECIALITY CLASSES OF WORK: FENDER SYSTEMS, STEEL SHEET PILING, PILE DRIVING, RUBBLE, RIP RAP, SEAWALLS AND BULKHEADS. You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14 22.0041(3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Sincerely, CMS?"' ' 7/1.-$1r7.& . Juanita Moore, Manager Contracts Administration Office JM:cj \VWW.dOt.state.f _ us US 17 -92 Riverwalk Phase II 1.04 Miscellaneous Requirements and Affirmations A. Proposals (Bids) must be on the Bid Form. B. I have attached the following required fully executed forms to this Bid: 1. Bid Security complying with the requirements of the Bidding Documents. 2. Florida Trench Safety Act Statement - Section 00430 3. Non Collusion Affidavit - Section 00432 4. Conflict of Interest Affidavit - Section 00434 5. Public Entities Crime Affidavit - Section 00436 6. Compliance With the Public Records Law Affidavit - Section 00438 7. Bidder Qualification Affidavit - Section 00440 1.0 RESPECTFULLY SUBMITTED, signed and sealed this jT day of 9-1 L.. 2- . Ed Water a Sons Contracting Company Contra L►(I-t t3 By Si a re) D to Eric Prendergast / President Printed Name and Title 3375 Agricultural Center Dr Business Address St. Augustine, FL 32092 (CORPORATE SEAL) City State Zip Code (904)823 - 8817 (904)823 - 9687 Telephone No. Facsimile No. eprendergast @edwatersandsons.com E -Mail Address ATTEST: /A+ Gtr 1 /r B re Date Yture) WI4 pre h)M cAS , ✓. Pvea Printed Name and Title END OF SECTION FPIN: 430913 -1- 58/68 -01 BID FORM City of Sanford Bid No. IFB 12/13 -15 00410 -7 02 -14 -2013 SPECLIB110712 NAME OF BIDDER: Ed Waters and Sons Contracting US 17 -92 Riverwalk Phase 11 This Page Intentionally Left Blank FPIN: 430913 -1- 58/68 -01 BID FORM City of Sanford Bid No. IFB 12/13 -15 00410 -8 02 -14 -2013 SPECLIB110712 NAME OF BIDDER: Ed Waters and Sons Contracting US 17 -92 Riverwalk Phase it IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 17th day of April , 2013 Ed Waters & •ALContracting Co. ATTEST: Prin ip.i p By (Principal Officer) B CM'na re of Officer) Wayne Waters, Vice President Eric Prendergast, President Typed Name and Title Typed Name and Title 3375 Agricultural Center Drive (CORPORATE SEAL) Address St. Augustine, FL 32092 City, State, Zip Westfield Insurance Company Surety By: /'/i, �/ . , By Att. ey -in -Fact Kimberly 3. Ferris, Witness Bradford W. Bush, Attorney -in -Fact Typed Name and Title Typed Name and Title P.O. Box 5001 (SEAL) Address Westfield Center, OH 44251 City, State, Zip (904)398 -1234 (904)396 -7432 Telephone No. Facsimile No. END OF SECTION FPIN: 430913 -1- 58168 -01 BID BOND FORM City of Sanford Bid No. IFB 12/13 -15 00420 -2 02 -14 -2013 SPE C LIB0307 Q6 S P EC L IBO52803 US 17 -92 Riverwalk Phase!! SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Ed Waters & Sons Contracting Co. , as Principal, and (2) Westfield Insurance Company , as Surety, are hereby and firmly bound unto (3) The City of Sanford, as Owner, in the penal Sum of (4) Five percent of the bid amount. Dollars ($ 5% ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to a), The City of Sanford a certain Bid for (5) US 17 -92 Riverwalk Phase 11, attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) Owner 4) Amount of Bond es Required in the Instructions to Bidders 5) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. FPIN: 430913 -1- 58168 -01 BID BOND FORM City of Sanford Bid No. IFB 12/13-15 00420 -1 02 -14 -2013 S PE C LI8030106SP EC UB052803 LOCAL AGENCY PROGRAM/FEDERAL-AID CERTIFICATION The Bidder hereby declares that the undersigned is the person or persons responsible within the firm for the final decision as to the price(s) and amount of this bid and the Bidder further declares that 1, The price(s) and amount of this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid have been disclosed to any other firrn or person who is a bidder or potential bidder on this project and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause, or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than tine bid of this firm, or any intentionally high or non- competitive bid or other forrrm of comprementary bid. 4. The bid is made in good faith and not pursuant to any agreement or discussion with, or Inducement from, any other firm or person to submit a ccmp!ementaryr bid.. 5, The Bidder has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised, or paid' cash or anything of value to any other Bidder or person, whether in connection with this or any other project, in consideration for an agreement or promise by any other firm or person to refrain from bidding or to submit a complementary bid on this project. 6. The Bidder has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any other firm or person, and has not been promised or paid cash or anything of value by any other firm or person, whether in connection with this or any other project, in consideration for the firm's submitting a complementary bid, or agreeing to do so. on this project. 7. The Bidder has made a diligent inquiry of all members, officers, . employees, and agents of the Bidder with responsibilities relating to the preparation, approval or submission of the firm's bid an this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in this Declaration. Local Agcticjy r amlFcdcrbl- AidCcrtifir tiara Page 1 nr3 8. As required by Section 337.165, Florida Statutes, the Bidder has fully Informed the CITY in writing of all convictions of the firm, its affiliates (as defined in Section 337.185(1)(a), Florida Statutes), and all directors, officers, and employees of the 'firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the ffrm or affiliates who were convicted of contract crimes while in the employ of another Company, 9. The Bidder certifies that, except as noted below, neither the firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: a. is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.11O(a), by any federal department or agency; b, has within a three -year period preceding this certification been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery falsification or destruction of records, making false statements, or receiving stolen property; c. is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and d. has within a three -year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. 10. The Bidder certifies that it shall not .knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the CITY. 1 a1 Awry Pr rantinader4.M i Ccrtificbtidn Page 2 or 3 11. The firm certifies that the bidder is not a nonresident alien, or a foreign corporation /entity formed under the laws of a country other than the United States. 12. The Bidder certifies that no Federally appropriated funds have been paid, or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to Influence any officer or employee of any Federal agency, a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federally appropriated funds have been paid by the Agency to any person for Influencing or attempting to Influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Where the Bidder is unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1) through (12), the Bidder has provided an explanation by attached separate sheet. Mtegrce5. /L.1D 5 :, �4 . t»C. mpany Name uthorizcd Signature _67" Printed Name Date Local - Local Agency ProgramFFedrniMid Ceitlficalivn Page 3 or 3 US 17 -92 Riverwalk Phase 11 • SECTION 00450 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 perform their services at any location under the Contractor's control during the life of this contract 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, locker rooms and other storage or dressing areas, parking Tots, 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. Ed Waters an n . tracting Company Contractor C. (3 Signature o utho zed Representative a e Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative END OF SECTION • CERTIFICATION OF NON - SEGREGATED FPIN: 430913 -1- 58/68 -01 FACILITIES FORM City of Sanford Bid No. IFB 12/13 -15 00450 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • • This Page Intentionally Left Blank • CERTIFICATION OF NON - SEGREGATED FPIN: 430913 -1- 58/68 -01 FACILITIES FORM City of Sanford Bid No. IFB 12/13 -15 00450 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • SECTION 00452 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? c (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 service; your firm provides in the regular course of business within the last five (5) years? NO (Y /N) 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? 140 (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 or status of suit 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 falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. Ed Waters d S. - Contracting Company Firm 6/3113 Signatu Au ' orized Representative a e Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative END OF SECTION • FPIN: 430913 -1- 58/68 -01 DISPUTES DISCLOSURE FORM City of Sanford Bid No. IFB 12/13 -15 00452 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • • This Page Intentionally Left Blank • FPIN: 430913 -1- 58/68 -01 DISPUTES DISCLOSURE FORM City of Sanford Bid No. IFB 12/13 -15 00452 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • SECTION 00454 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, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and Employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in 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. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Ed Waters and ns Contracting Company Firm 6,3/i3 Signa r of thorized Representative Dat Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative END OF SECTION • FPIN: 430913 -1- 58/68 -01 DRUG FREE WORKPLACE FORM City of Sanford Bid No. IFB 12/13 -15 00454 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • • This Page Intentionally Left Blank • FPIN: 430913 -1- 58/68 -01 DRUG FREE WORKPLACE FORM City of Sanford Bid No. IFB 12/13 -15 00454 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • SECTION 00456 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 the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the City 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. • Ed Waters and o ontractinq Company Contractor ) r 1 alt �� Signature o ■tho (ized Representative (Affiant) e Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF aW_M STATE OF FLORIDA On this 3Y day of kvA,t , 20 1?) , before me, the undersigned Notary Public of the State of Florida, personally appeared EY■C, 1YYQ vpclQ,'C whose name(s) is /are subscribed to the within instrument, and he /she /they a w1edge -4#a - /she /they executed it. WITNESS my hand and official seal. He /She is ersonally known to me has roduced as L RFIELD 0 NOTARY PUBLIC STATE OF FLORIDA (Notary Public i a d for the County an • . tate Aforementioned) : Comm# EE215688 gstkes 7/11/2016 My commission expires: 1 \ OW.P END OF SECTION • UNAUTHORIZED (ILLEGAL) FPIN: 430913 -1- 58/68 -01 ALIEN WORKERS AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00456 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • I I • This Page Intentionally Left Blank • UNAUTHORIZED (ILLEGAL) FPIN: 430913 -1- 58/68 -01 ALIEN WORKERS AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00456 -2 02 -14 -2013 SPECLtB110712 US 17 -92 Riverwalk Phase 11 110 SECTION 00458 E- VERIFY COMPLIANCE AFFIDAVIT Project Name: US 17 -92 Riverwalk Phase II Bid No.: City of Sanford Bid No. IFB 12/13 -15 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 employees of the Contract and the Contractor's subcontractors performing work under the above- listed Contract are legally permitted to work in the United States. 2. Each Contractor that performs work under the Project referenced above shall provide the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program. 3. The Contractor will register and participate in the work status verification for all newly 111 hired employees of the contractor and for all subcontractors performing work on the 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 jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to provide a copy of each such verification to that Authority. 5. That all persons assigned by the Contractor or its subcontractors to perform work under 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. • FPIN: 430913 -1- 58/68 -01 E- VERIFY COMPLIANCE AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00458 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • "Status Verification System" - the procedures developed under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, operated by the Department of Homeland Security and known as the "E- Verify Program ", or any successor electronic verification system that may replace the E- Verify Program. Ed Waters and So ontractinq Company Contractor Signature f C13l3 h ized Representative (Affiant) Date Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative ( Affiant) COUNTY OF t5 OYv■ii\ STATE OF FLORIDA " � On this Yt� day of , 20 efore me, the u dersigned Notary Public of the State of Florida, personally appeared -YI C . WQM&YO whose name(s) is /are subscribed to the within instrument, taid he /she /they a knnwlgdne that-he/she/they executed it. WITNESS my hand and official seal. He /She is ersonall known to me r has produced , as III iden 1 'cation. (Notary 4 in an or the County and ate Aforementioned) SEAL My commission expires: \I I 1 1 I C� l U KATELYN M. BARFIELD NOTARY PUBLIC STATE OF FLORIDA - fit' -3" ' Comm# EE215688 END OF SECTION Expires 7111/2018 III FPIN: 430913 -1- 58/68 -01 E- VERIFY COMPLIANCE AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00458 - 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase II • SECTION 00460 AMERICANS WITH DISABILITIES ACT 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. The Contractor will not discriminate against any employee or applicant for employment because 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 Americans with Disabilities Act (ADA), 42 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. Ed Waters and on ontractinq Company Contractor G/313 • Signature f th ized Representative (Affiant) ate Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF c,on t 1 � STATE OF FLORIDA On this day of ( JV,Y , 20 ofRr the n ersigned Notary Public of the State of Florida, personally appeared 1-,Y 1 C YY,M.1V whose name(s) is /are subscribed to the within instrument, arid he /she /they ackno - • • - • - • - she /they executed it. WITNESS my hand and official seal. He /She is personally known to me • ha produced , as i • en i ica ion. ,� n ,� (Notary Public n and for the County rid State Aforementioned) SEAL My commission expires: I I KATELYN M. BARFIELD ' . NOTARY PUBLIC STATE OF FLORIDA END OF SECTION it Comm# EE215688 • `Y '1 Expires 7 /11/2018 • AMERICANS WITH DISABILITIES FPIN: 430913 -1- 58/68 -01 ACT AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00460 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • • This Page Intentionally Left Blank • AMERICANS WITH DISABILITIES FPIN: 430913 -1- 58/68 -01 ACT AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00460 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • SECTION 00525 CRIMINAL BACKGROUND CHECK REQUIREMENTS AND AFFIDAVIT The Affiant identified below agrees to the following: 1. The Contractor shall be responsible for the accepted standards, appearance, conduct, and safety of its employees, subcontractors, agents, and any other person caused by the Contractor to have access to any facility under the authority of the City. 2. Contractors who have access to City owned and /or operated facilities or utilities which are designated by the City to be critical to security of public safety, shall comply with the security measures as described herein. 3. Contractors and each of their employees shall, as and when required by the City, wear an identification badge which provides the name of the employee and the contractor. 4. Contractors shall provide within forty -eight (48) hours of the City's request, a list of employees and subcontractors who will have access to City sites and /or facilities, their working days, times and assignments. Additionally, the City reserves the right to require the inclusion of individual addresses, social security numbers and driver's license numbers including state of issuance for employees and subcontractors identified above. Such confidential information shall be used by the City to determine a person's eligibility to function in such critical employment position(s) as described. • 5. The Contractor shall cause each employee and subcontractor deemed by the City to be functioning in a position critical to the security and /or public safety of the City to comply with procedures outlined below by submitting their fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation. 6. The Contractor, applicable to each Contractor's and Subcontractor's employee identified by the City, shall submit a fingerprint card which includes the ORI /Account Number provided by the City along with a check for $24.00 for each fingerprint card to the Florida Department of Law Enforcement. In addition, if the Police or Sheriffs Department processing the fingerprint cards charges a fee (cash only) for that service, the contractor shall be responsible for that charge. 7. The fingerprint request shall include the subject's name, sex, race and date of birth and other information such as DL and SS. 8. Fingerprint cards may be processed by any Florida Police Department or Sheriff's Department. If the Contractor is "out -of- state," the fingerprint cards may be processed by any PD, etc. and sent to the address below for processing. The ORI No. assigned to the City of Sanford is FL759053Z this number must be used. The City will provide the forms. 9. Sanford Police Department fingerprinting time schedule are only Monday, Wednesday and Friday from 9:00 AM -12:00 Noon. • CRIMINAL BACKGROUND CHECK FPIN: 430913 -1- 58/68 -01 REQUIREMENTS AND AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00525 -1 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 • 10. Fingerprint cards shall be sent to: Criminal Justice Information Services Post Office Box 1489 Tallahassee, Florida 32302 -1489 11. The ORI number directs the report to be returned to the City of Sanford. The Contractor shall not request the report to be returned to the Contractor. Only the fingerprint card(s) and the indicated payment are to be placed in the envelope. No cover letter or other instructions are to be included. Only a report(s) sent directly to the City of Sanford by the FDLE will be accepted as valid. 12. If a contractor or contractor's employee refuses to authorize the release of their address, social security number, licenses and /or to participate in the criminal history record checks when required by the City, they shall not be allowed to work or continue to work in or on such critical position(s) or project(s). Reports which reflect incidents in an individual's back ground will be addressed and resolved on a case by case basis. Ed Waters d . s Contracting Company Contract n C, /3l l3 Signat re A thorized Representative (Affiant) Date • Eric Prendergast / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF ,��JY STATE OF FL RIDA On this 3 day of `� , 20 15 efore e, the ndersigned Notary Public of the State of Florida, personally appearecTITF MAC& whose name(s) is /are subscribed to the within instrument, d he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is ersonall r�known ton or has produced , as identification. ' 1 1 A .6144.1 1 ��....LLLOA (Notary Pubii' in and for the Cou i and State Aforementioned) SEAL My commission expires: " 1 ` l P—OW) KATELYN M. BARFIELD . P NOTARY PUBLIC l = STATE OF FLORIDA END OF SECTION * : - Comm# EE215888 ' ^ Expires 7/11/2016 • CRIMINAL BACKGROUND CHECK FPIN: 430913 -1- 58/68 -01 REQUIREMENTS AND AFFIDAVIT City of Sanford Bid No. IFB 12/13 -15 00525 -2 02 -14 -2013 SPECLIB110712 US 17 -92 Riverwalk Phase 11 SECTION 00615 MATERIAL AND WORKMANSHIP BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE , hereinafter referred to as "Contractor" and , hereinafter referred to as "Surety" are held and firmly bound unto The City of Sanford, hereinafter referred to as the OWNER in the sum of ten percent (10 %) of the Contract Price as adjusted under the Contract Documents. The Final Contract Price is $ , therefore Contractor and Surety are held and firmly bound unto OWNER the sum of Dollars ($ ) for the payment of which we bind ourselves, heirs, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has constructed certain improvements, including and other appurtenances in that certain Project known as , and WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated _ and filed with the Purchasing Office of OWNER; and WHEREAS, the Contractor warrants and guarantees to the OWNER that all work, labor, materials, equipment and services furnished and performed has been done in a good and workmanlike manner and is of the highest quality, free from defects; and WHEREAS, Contractor is obligated to protect the OWNER against any defects resulting from faulty Materials or Workmanship of said improvements and to maintain said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents, which is US 17 -92 Riverwalk Phase II. NOW THEREFORE, the conditions of this obligation is such that if Contractor shall promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials and Workmanship of the aforesaid improvements and maintain said improvements for a period of two (2) years from the date of Final completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The OWNER shall notify the Contractor in writing of any Defect for which the Contractor is responsible and shall specify in said notice a reasonable period of time within which Contractor shall have to correct said Defect. The Surety unconditionally covenants and agrees that if the Contractor fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the Surety fail or refuse to correct said Defects, the OWNER, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies FPIN: 430913 -1- 58/68 -01 MATERIAL AND WORKMANSHIP BOND City of Sanford Bid No. IFB 12/13 -15 00615 -1 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase 11 against the Contractor and Surety and either, both at law and in equity, including specifically, specific performance to which the Contractor and Surety unconditionally agree. The Contractor and Surety further jointly and severally agree that the OWNER at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Contractor shall fail or refuse to do so, and in the event the OWNER should exercise and give effect to such right, the Contractor and the Surety shall jointly and severally hereunder reimburse the OWNER the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account of the failure of the Contractor to correct said defects. IN WITNESS WHEREOF, this instrument is executed this the day of CONTRACTOR Signatory Authority ATTEST: Contractor Signatory Authority Secretary (Contractor) By (Signature) Typed Name Typed Name and Title (CORPORATE SEAL) Address City, State, Zip (Witness to Contractor) Telephone No. Facsimile No. Typed Name ATTEST: (Surety) Secretary Surety Typed Name Telephone No. Facsimile No. (CORPORATE SEAL) By: Witness as to Surety Attorney -in -Fact FPIN: 430913 -1- 58/68 -01 MATERIAL AND WORKMANSHIP BOND City of Sanford Bid No. IFB 12/13 -15 00615 -2 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase II Typed Name Typed Name Witness as to Surety Address Typed Name City, State, Zip Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION FPIN: 430913 -1- 58/68 -01 MATERIAL AND WORKMANSHIP BOND City of Sanford Bid No. IFB 12/13 -15 00615 -3 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase 11 SECTION 00510 NOTICE OF AWARD FORM To: Ed Waters and Sons Contracting Company 3375 Agricultural Center Dr St. Augustine, FL. 32092 Project Name and Bid No.: US 17 -92 Riverwalk Phase II - City of Sanford Bid No. IFB 12/13 -15 The OWNER has considered the BID submitted by you, dated April 17, 2013 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for the BASE BID Section in the amount of $4,923,470.82. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER 's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 15th day of May , 2013 . OWNER: City of Sanford (Name of OWNER) By (Sign/re) Thomas J. George, Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the bov- OTICE OF AWARD is hereby acknowledged by Ed Waters and Sons Contract q C•� any this 15th day of May , 2013 . By I Eric Prendergast / President Printed Name and Title END OF SECTION FPIN: 430913 -1- 58/68 -01 NOTICE OF AWARD City of Sanford Bid No. IFB 12/13 -15 00510 -1 02 -14 -2013 SPECLIB112112 US 17 -92 Riverwalk Phase 11 This Page Intentionally Left Blank FPIN: 430913 -1- 58/68 -01 MATERIAL AND WORKMANSHIP BOND City of Sanford Bid No. IFB 12/13 -15 00615 -4 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase 11 SECTION 00618 INSURANCE REQUIREMENTS (CITY OF SANFORD) The following insurance requirements are required to be met, in addition to requirements defined in Sections 00700 (General Conditions) and 00800 (Supplementary Conditions). Any conflict between the requirements contained in this section and any other section, it is hereby noted that the requirements of this section as amended shall prevail. 1. The successful bidder will be required to provide, to the City of Sanford and the Engineer, prior to commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Any work initiated without completion of this requirement shall be unauthorized and the City will not be responsible. 2. The City reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the project, conditions and exposure. 3. The insurance limits indicated below and otherwise referenced are minimum limits acceptable to the City. Also, all contractor policies shall to be considered primary to City coverage and shall not contain co- insurance provisions. 4. All policies are to be endorsed to include the City of Sanford and the Engineer as Additional Insured, except for professional liability policies and workers compensation policies. 5. Professional Liability Coverage, when applicable, will be defined on a case by case basis. 6. Builder's Risk (All Risk") insurance is required for all projects that include above grade construction, installation of structures, pipeline installation, and for all projects where the Contractor proposes to be paid for stored material. 7. In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. 8. All limits are per occurrence and must include Bodily Injury and Property Damage. 9. All policies must be written on occurrence form, not on claims made form, except for Professional Liability. 10. Self insured retentions shall not be allowed on any liability coverage. 11. In the notification of cancellation: The City of Sanford and the Engineer shall be endorsed onto the policy as a cancellation notice recipient. Should any of the above described policies be cancelled before the expiration date thereof, notice shall be delivered to the City of Sanford in accordance with the policy provisions. 12. All insurers must have an A.M. Best rating of at least A -VII. FPIN: 430913 -1- 58/68 -01 INSURANCE REQUIREMENTS US 17 -92 Riverwalk Phase II 00618 -1 SPECLIB112112 US 17 -92 Riverwalk Phase II 13. It is the responsibility of the Contractor to responsible to ensure that all Subcontractors retained by the Prime Contractor shall provide coverage as defined herein before and after and are the responsibility of said Prime Contractor in all respects. 14. Any changes to the coverage requirements indicated above shall be approved by the City of Sanford Risk Manager. 15. Address of "Certificate Holder" is: City of Sanford; Attention: Purchasing Manager; 300 N. Park Avenue); Sanford, FL 32771 Phone: 407 - 688.5028; Fax: 407 - 688 -5021; CPH Engineers, Inc., P.O. Box 2808, Sanford, FL 32772. 16. All certificates of insurance, notices, etc. must be provided to the above addresses. 17. Insurance requirements are as follows: A. For construction projects where the total construction cost is $500,000 or higher: Coverage Required Minimum Policy Limits Workers' Compensation Employers Liability $ 1,000,000 "'Certificates of exemption are not acceptable in lieu of Each Accident $ 1,000,000 workers compensation insurance Disease $ 1,000,000 Commercial General Liability shall include- Bodily injury liability, Property Damage liability; Personal Injury liability and Advertising injury liability Coverages shall $ 3,000,000 Per Occurrence include: Premises /Operations; Products /Completed $ 3,000,000 General Aggregate Operations; Contractual liability; Independent Contractors, Explosion; Collapse; Underground Comprehensive Auto Liability, CSL, shall include "any $ 1,000,000 Combined Single Limit auto" or shall include all of the following: owned, $ 1,000,000 General Aggregate leased, hired, non -owned autos, and scheduled autos. Builder's Risk (when required) shall include theft, sinkholes, off site storage, transit, installation and equipment breakdown. Permission to occupy shall be 100% of completed value of additions included and the policy shall be endorsed to cover the and structures interest of all parties, including the City of Sanford, all contractors and subcontractors 18. Certification: A. It is noted that the City has a contractual relationship with the named Contractor, applicable to a purchase order, work order, contract or other form of commitment by the City of Sanford, whether in writing or not and has no such contractual relationship with the Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the City to meet all contractual obligations and expectations of the City. Further, as the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to FPIN: 430913 -1- 58/68 -01 INSURANCE REQUIREMENTS US 17 -92 Riverwalk Phase II 00618 -2 SPECLIB112112 US 17 -92 Riverwalk Phase II indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the City will expect relief from the Contractor. B. The Undersigned accepts and agrees to meet all of the insurance coverage requirements, terms, conditions and certification(s) stated herein before and after and further agrees to maintain and provide the designated coverage during the life of the identified document. Also, when the coverage requirements stated herein before and after are specifically referenced by applicable solicitation, purchase order or contract document, those terms, conditions and coverage requirements are incorporated into that document as if fully set forth in verbatim. Certified By: Ed Waters and Sons Contracting Company Name of Contractor 3375 Aoric al Center Dr, St. Augustine, FL 32092 Addres City State Zip Code Si atu � Eric Prendergast / President Printed Name and Title END OF SECTION FPIN: 430913 -1- 58/68 -01 INSURANCE REQUIREMENTS US 17 -92 Riverwalk Phase II 00618 -3 SPECLIB112112 US 17 -92 Riverwalk Phase!! This Page Intentionally Left Blank FPIN: 430913 -1- 58/68 -01 INSURANCE REQUIREMENTS US 17 -92 Riverwalk Phase II 00618 -4 SPECLIB112112 DATE (MM /DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 4,..._....--- 5/30/2013 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: Greene -Hazel Insurance Group (A/CC.. PHONE . Exu:904- 398 -1234 (e / c , No):904- 396 -7432 10739 Deerwood Park Blvd S 200 E-MAIL s S aeb Jacksonville FL 32256 @g reenehazel.com INSURER(S) AFFORDING COVERAGE NAIL # _ INSURER A : • a • .. 31 127 _ INSURED WATER -4 INSURER B : a t - I - I • In r- 1 - • 1 • - I 24112 Ed Waters & Sons Contracting INSURER c :American Interstate Ins Co 31895 3375 Agricultural Center Dr INSURER D :Alterra America Ins Co 21296 St. Augustine FL 32092 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1200120319 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 POLICY EXP W /Y LIMITS LTR INSR VD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) D GENERAL LIABILITY Y Y MAXA30M0060574 12/1/2012 12/1 /2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PRM TO RENTED PREMISES (Ea occurrence) $50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 X Blanket Al PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $1,000,000 • POLICY X I T LOC Emp Ben — AUTOMOBILE LIABIL Y Y CWP5577618 12/1/2012 12/1/2013 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS _ AUTOS NON OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) _ $ _ X Statutory PI $ D UMBRELLA LIAB X OCCUR Y Y MAXA30M0060573 12/1/2012 12/1/2013 EACH OCCURRENCE $5,000,000 _ X EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DED X RETENTION$25,000 $ C WORKERS COMPENSATION Y AVWCFL2159272012 12/1/2012 12/1/2013 X TORY ATu- x oTH- USL &H AND EMPLOYERS' LIABILITY Y 1N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Rented / Leased MAXA31M0011786 12/1/2012 12/1/2013 Equipment 950000 A Prof / Pollution Liab CE0288256381 12/1/2012 12/1/2013 Prof / Poll 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: US 17 -92 Riverwalk Phase II Project CERTIFICATE HOLDER CANCELLATION 4 ! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sanford ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Manager 300 N Park Avenue Sanford FL 32771 AUTH RIZED REPRESENTATI E © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A ORD CERTIFICATE OF LIABILITY INSURANCE 5/30/2013 D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 0 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: Greene -Hazel Insurance Group PHONE (A/C EXt):904- 398 -1234 FA /c, N01:904-396-7432 10739 D d Park Blvd S 200 ADDRe . s s:aeb (a) reenehazel.com Jacksonville ille FL FL 32256 �9 INSURER(S) AFFORDING COVERAGE NAIC # _ INSURER A :Columbia Casualty 31127 INSURED WATER -4 INSURER B :Westfield Insurance Company 24112 Ed Waters & Sons Contracting INSURER C :American Interstate Ins Co 31895 3375 Agricultural Center Dr INSURER D :Alterra America Ins Co 21296 St. Augustine FL 32092 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1426350591 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 POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) D GENERAL LIABILITY Y Y MAXA30M0060574 12/1/2012 12/1/2013 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $50,000 CLAIMS -MADE X OCCUR MED EXP (My one person) $5,000 X Blanket Al PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $1,000,000 • POLICY X Mg LOC Emp Ben $1,000,000 AUTOMOBILE LIABILITY Y Y CWP5577618 12/1/2012 12/1/2013 I COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED ■ SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS _ © NON -OWNED PROPERTY DAMAGE $ X Statutory PI $ D UMBRELLA LIAB X OCCUR Y Y MAXA30M0060573 12/1/2012 12/1/2013 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS - MADE AGGREGATE $5,000,000 DED X RETENTION$25,000 $ c WORKERS COMPENSATION y AVWCFL2159272012 12/1/2012 12/1/2013 X WC STATU x OTH USL&H AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N / A 1 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If Yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Rented / Leased MAXA31M0011786 12/1/2012 12/1/2013 Equipment 950000 A Prof/ Pollution Liab CE0288256381 12/1/2012 12/1/2013 Prof/ Poll 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS l VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: US 17 -92 Riverwalk Phase II Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CPH Engineers ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 2808 Sanford FL 32772 AUTH RIZED REPRESENTATI E i © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD US 17 -92 Riverwalk Phase 11 • SECTION 00620 INSURANCE CERTIFICATION Name of Project: US 17 -92 RIVERWALK PHASE II Owner: City of Sanford 300 North Park Avenue Sanford, Florida 32771 Ph. 407 - 688 -5028 Engineer: CPH Engineers, Inc. P.O. Box 2808 Sanford, Florida 32772 Ph. 407 - 322 -6841 THIS IS TO CERTIFY that the numbered policies identified by the attached Certificates of Insurance have been issued by the below stated company in conformance with the limits and requirements as set forth in the General Conditions and Supplementary Conditions. The insurance company hereby waives its rights of subrogation against the additional insured. Ed Waters & Sons Contracting Company • Named Insured Alterra America insurance Company Insurance Company 9020 Stony Point Parkway, Suite 325, Richmond, VA 23235 Address //�� City State Zip By: G c� Signature of Authorized Representative Kyle C. Whitman Printed or Typed Name of Authorized Representative (Attach Acknowledgment) (Make additional copies of this form if more than one insurance company provides contract required insurance). END OF SECTION • FPIN: 430913 -1- 58/68 -01 INSURANCE CERTIFICATION City of Sanford Bid No. IFB 12/13 -15 00620 -1 02 -14 -2013 SPECLIB052803 • Alterra Attached to and forming part of Policy: MAXA30M0060574 Of the: Alterra America Insurance Company Issued to: Ed Waters & Sons Contracting Co. Effective Date: 12 -1 -12 Endorsement #: 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED & WAIVER OF SUBROGATION ENDORSEMENT (Blanket) This endorsement modifies insurance provided under: Marine General Liability Coverage Form Premium: $Included • In consideration of the additional premium shown above and subject to all the terms, conditions, limits and exclusions of the policy to which this endorsement is attached, it is agreed that: 1. Section IV of the policy (Who is an Insured) is amended to include any person or organization that you are obligated by an "insured contract" to include as Additional Insureds, but only with respect to liability arising out of "your work ". 2. It is further agreed that we waive any right of recovery we may have against any such Additional Insured because of payments we make for "bodily injury" or "property damage" arising out of "your work" for that Additional Insured, but only to the extent of your obligation under the "insured contract ". 3. All Other Terms and Conditions Remain Unchanged. • • US 17 -92 Riverwalk Phase 11 • SECTION 00620 INSURANCE CERTIFICATION Name of Project: US 17 -92 RIVERWALK PHASE II Owner: City of Sanford 300 North Park Avenue Sanford, Florida 32771 Ph. 407 - 688 -5028 Engineer: CPH Engineers, Inc. • P.O. Box 2808 Sanford, Florida 32772 Ph. 407 - 322 -6841 THIS IS TO CERTIFY that the numbered policies identified by the attached Certificates of Insurance have been issued by the Authorized Representative of the below stated company in conformance with the limits and requirements as set forth in the General Conditions and Supplementary Conditions. The insurance company hereby waives its rights of subrogation against the additional insured. • Ed Waters & Sons Contracting Company Named Insured Westfield Insurance Company Insurance Company P.O. Box 5001, Westfield Center, OH 44251 -5001 Address City State Zip By: Signature of Authorized Representative • Kyle C. Whitman Printed or Typed Name of Authorized Representative (Attach Acknowledgment) (Make additional copies of this form if more than one insurance company provides contract required insurance). END OF SECTION • FPIN: 430913 -1- 58/68 -01 INSURANCE CERTIFICATION City of Sanford Bid No. IFB 12/13 -15 00620 -1 02 -14 -2013 • SPECLIB052803 POLICY NUMBER: CWP 5577618 COMMERCIAL AUTO • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM SCHEDULE Name of Person or Organization: Automatic status when required by contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right or recovery we may have against the person or organization shown in the Schedule because of payments we make under the Coverage Form. The waiver applies only to the person or or- ganization shown in the Schedule. CA 70 22 07 05 • • US 17 -92 Riverwalk Phase 11 • SECTION 00620 INSURANCE CERTIFICATION Name of Project: US 17 -92 RIVERWALK PHASE II Owner: City of Sanford 300 North Park Avenue Sanford, Florida 32771 Ph. 407 - 688 -5028 Engineer: CPH Engineers, Inc. P.O. Box 2808 Sanford, Florida 32772 Ph. 407 - 322 -6841 THIS IS TO CERTIFY that the numbered policies identified by the attached Certificates of Insurance have been issued by the Authorized Representative of the below stated company in conformance with the limits and requirements as set forth in the General Conditions and Supplementary Conditions. The insurance company hereby waives its rights of subrogation against the additional insured. • Ed Waters & Sons Contracting Company Named Insured American Interstate Insurance Company Insurance Company 2301 Highway 190 West, DeRidder, LA 70634 -6005 Address City State Zip By: (. i nature of Authorized Representative 9 P Kyle C. Whitman Printed or Typed Name of Authorized Representative (Attach Acknowledgment) (Make additional copies of this form if more than one insurance company provides contract required insurance). END OF SECTION IP FPIN: 430913 -1- 58/68 -01 INSURANCE CERTIFICATION City of Sanford Bid No. IFB 12/13 -15 00620 -1 02 -14 -2013 SPECLIB052803 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 B (Ed. 7 -01) • POLICY INFORMATION PAGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/01/2012 at 12:01 A.M. standard time, forms a part of (Date) Policy No.AVWCFL2159272012 Endorsement # 1 of the AMERICAN INTERSTATE INSURANCE COMPANY - 24759 Issued to ED WATERS & SONS CONSTRACTING COMPANY, INC. Policy Effective 12/01/2012 to 12/01/2013 (Date) (Date) Authorized Representative The following Item(s) ❑ Insured's Name (WC 89 06 01) ❑ Item 3.B. Limits (WC 89 06 12) ❑ Policy Number (WC 89 06 02) ❑ Item 3.C. States (WC 89 06 13) ❑ Effective Date (WC 89 06 03) ❑ Item 3.D. Endorsement Numbers (WC 89 06 14) ❑ Expiration Date (WC 89 06 04) ® Item 4.* Class, Rate, Other (WC 89 04 15) ❑ Insured's Mailing Address (WC 89 06 05) ❑ Interim Adjustment of Premium (WC 89 04 16) ❑ Experience Modification (WC 89 04 06) ❑ Carrier Servicing Office (WC 89 06 17) ❑ Producer's Name (WC 89 06 07) ❑ Interstate /Intrastate Risk I.D. Number (WC 89 06 18) ❑ Change in Workplace of Insured (WC 89 06 08) ❑ Carrier Number (WC 89 06 19) ❑ Insured's Legal Status (WC 89 06 10) ❑ Issuing Agency /Producer Office Address (WC 89 06 25) ❑ Item 3.A States (WC 89 06 11) Is Changed to Read: • WC000313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT ON A BLANKET BASIS IS ADDED TO THIS POLICY. *Item 4. Changed To: Premium Basis Total Rate Per $100 Estimated Annual Classifications Code No. Estimated Annual of Premium Remuneration Remuneration ADD: FL WAIVER OF SUBROGATION 0930 IF ANY 0.015 $ 0 Total Estimated Annual Premium $ Minimum Premium $ Deposit Premium $ • All other terms and conditions of this policy remain unchanged. WC 89 06 00 B (Ed. 7 -01) © 2001 National Council on Compensation Insurance, Inc. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (4-84) • WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not en- force our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule 1. © Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: 1.50% • 3. Minimum Premium: $250.00 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching" clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/01/2012 at 12:01 A.M. standard time, forms a part of (Date) Endorsement No. Policy No. AVWCFL2159272012 of the AMERICAN INTERSTATE INSURANCE COMPANY - 24759 (Name of Insurance Carrier and NCCI Carrier Code) issued to ED WATERS & SONS CONSTRACTING COMPANY, INC. Policy Effective 12/01/2012 t 12/01/2013 (Date) (Date) Premium $ • Authorized Representative WC 000313 (4 -84) © 1983 National Council on Compensation Insurance 4/4 p 81311 019, WS RM 4:4 4 . �� - Item No. — 1877 -- CNI CITY COMMISSION MEMORANDUM 13 -093 MAY 13, 2013 AGENDA To: Honorable Mayor and Members of the City Commissio PREPARED BY: Christopher Smith, Project Planner SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Award Construction Contract for RiverWalk • ase II to Ed Waters & Sons Contracting Co. and procure services of C' Engineers for Construction Engineering Services SYNOPSIS: A recommendation has been prepared to propose awarding a construction contract in the amount of $4,923,470.82 for the base bid portion of the Sanford RiverWalk Phase II (RiverWalk) project to Ed Waters & Sons Contracting Co. (Waters), of St. Augustine, and to procure the services of CPH, Inc. (CPH), of Sanford, the engineer of record for the RiverWalk, for post- design services in the amount not to exceed $95,610.00 The construction documents for the RiverWalk have been prepared by CPH under a contract with the City. FISCAL/STAFFING STATEMENT: RiverWalk funding is available from the $2,900,000.00 Seminole County Cost Share portion of the Second Generation One Cent Sales Tax and XU enhancement funds from the Florida Department of Transportation (FDOT) in the amount of $4,119,810.00 from account 310 - 4047 - 541.63 -00, Project PWl 101. The Finance Department concurs with this matter. BACKGROUND: On April 17, 2013 the City received seven bids for the RiverWalk which was designed in three segments as described below totaling 4,100 +- lineal feet. (1). Base Bid, from French Avenue to the hospital which includes an improved parking area located at the former Police Benevolent site, pedestrian bridge, landscaping and lighting. (2). Alternate one, which extends the RiverWalk to Terwilliger Lane near Regatta Shores Apartments. (3). Alternate two, which is a short segment from the Zoo to the 1 -4 right -of -way. It should be noted that the RiverWalk is partially Federally funded and located on the State road system and, therefore, many Federal requirements apply such as Federal wage rates and EEOC compliance, environmental and NEPA requirements, financial auditing and most notably all contractors must be prequalified by the FDOT in two major work classifications, intermediate bridge and specialty classification for seawalls. A particular Federal requisite of interest requires that the prime contractor be qualified in the work classes previously listed and must perform 40% of the work. The three lowest responsive bidders listed below meet these qualifications and the bridge and seawall comprise approximately 62% of the RiverWalk. Shown below are the three lowest and most responsive /responsible FDOT qualified bidders and it appears the lowest bidder is Waters. Bidder Base Bid Alternate 1 Alternate 2 1 Ed Waters and Sons Contracting Co. $4,923,470.82 $1,907,567.27 $572,411.33 2 Lucas Marine Acquisition Co. $5,105,998.83 $2,211,156.38 $610,699.13 3 Gibbs and Register $5,964,322.55 $2,356,771.51 $647,099.00 The Waters bid was consistent with CPH's estimate of probable cost. However, due to current fund levels, only the base bid is proposed to be awarded. Potentially, the City may award additional alternates if significant project savings are achieved. The FDOT recognizes the importance of the RiverWalk and its funding constraints and has agreed to fund the required construction engineering inspection services (CEIS) and provide an on -site project administrator at City Hall for the City while training City in -house inspectors and EEOC compliance staff for compliance with FDOT requirements for future smaller State projects within the City thereby saving substantial future dollars allowing City staff to perform many duties which would normally be required to be performed by an outside consultant. Although CEIS are being provided by the FDOT, some engineering services are needed and will be performed by CPH (shop drawing and data review, requests for information, engineering clarification and product review). These services will be provided on an as needed basis and are not expected to exceed $95,610.00. The Purchasing Manager concurs with this matter. LEGAL REVIEW: The City Attorney has reviewed this matter and has no legal objection to the recommendation if the Purchasing Manager determines compliance with City purchasing policies and the CCNA and implements the procurements with appropriate legal documents. The City Attorney has not yet reviewed the pertinent contract documents. RECOMMENDATION: It is Staff's recommendation that the City Commission approve award of base bid in the amount of $4,923,470.82 to Waters for the RiverWalk and procure the services of CPH for engineering services in amount not to exceed $95,610.00. SUGGESTED MOTION: "I move to approve award of base bid in the amount of $4,923,470.82 to Waters for the Sanford RiverWalk Phase II project and procure the services of CPH for engineering services in amount not to exceed $95,610.00 and authorize the Mayor to execute any and all documents as required and as approved by the City Attorney." 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