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1604 SE Cline Construction (expired perf bond)
mi— Monday, September 30, 2013 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM TO: City Clerk RE: SE Cline Construction Inc IFB 12/13 -18 Public Day Dock Facility decrease PO 33517 The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ ❑ Letter of Credit Maintenance Bond ❑ ® Rendering Safe keeping (Vault) V69 ❑ Ordinance ❑ Deputy City Manager �1aV�dh` ❑ Performance Bond ❑ Payment Bond °"` ❑ Resolution ❑ City Manager Signature /0 -°Z ❑ ❑ City Clerk Attest /Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies El Special Instructions: Ma,rElwb Ord 'Q�z From T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc q1&011g Date r pi%iN Tuesday, October 01, 2013 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM `_`'�� v To: RE: City Clerk SE Cline Construction Inc IFB 12/13 -18 / r Notice of Award Sec00510 PO 33517 The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest /Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies El Special Instructions: Ma4-4o- Ord o- - z 10/1 lAo 1,3 From TADe t_forms \City Clerk Transmittal Memo - 2009.doc Date SECTION 00510 NOTICE OF AWARD FORM TO: SE Cline 18 Utility Drive Palm Coast, FL 32137 NAME OF PROJECT: Public Dock Facility (cD- Sanford Marina The OWNER has considered the BID submitted by you, dated July 22, 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 BID items in the amount of $349,325.00. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 6th day of August, 2013. OWNER: C 17Ly 0 � Ilxo (Name of OWNER) By (Signatur (Printed Name and Title) ACCEPTANCE OF NOTICE Rgceip a? acceptance of the above ,NOTICE OF AWARD is hereby acknowledged by L� .y�•c�.r this P91'A day of By Printed Name and Title Public Dock Facility NOTICE OF AWARD @ Sanford Marina 00510 -1 SPECLIB058303 SECTION 00530 NOTICE TO PROCEED FORM TO: S E Cline Construction, Inc 18 Utility Dr Palm Coast, FL 32137 Notice to Proceed Date: August 26, 2013 PROJECT: IFB 12/13 -18 Public Dock Facility (aD- Sanford Marina You are hereby notified to commence WORK in accordance with the Agreement dated July 22, 2013. This Notice authorizes the CONTRACTOR to commence construction on the Notice to Proceed date indicated above, and in accordance with the Agreement; all work shall be substantially complete within 150 calendar days of the date of this Notice to Proceed. Therefore, the date of substantial completion is January 24th 2014. The date of Final completion is February 24, 2014. ISSUED BY: City of Sanford (Name of OWNER) By (Signatur (Printed Name and Title) ACCEPTANCE OF NOTICE Re.qeipt, a d acceptance of above NOTICE TO PROCEED is hereby acknowledged by _ v .e this —��- day of 4!-As 49�4 Y� By Printed Name and Title END OF SECTION IFB 12/13 -18 Public Dock Facility NOTICE TO PROCEED FORM @ Sanford Marina 00530 -1 SPECLIB052803 Jun. 25. 2013 11:04AM OVI Project Name aid open by Madsol Ordone2 Tol 407.688.5028 ta. cuite Construction City of Sanford Public Day Dock Facility Solicitation No. IFB 12113.18 Opening Data: June 12, 2013 kern 111911111111 at UnIL Coe TWO Price GENERAL - Onsh Mobhtzallon 1 L3 551,353.7 1353.75 L�oT 1 LS 5825.00 $625.00 6a 1 L $1,212.50 $121 .50 Prowl -sl n 1 t 00.00 $2,152.50 $2,752.60 Erosion and Turbidil control 1 500.00 S $0,000-00 $8.000.00 Fhed Conte Pur 1 L3 $25,822.60 12.50 Concrete FIOaO Docks 1 LS 4213,2$$. Y5 $213.263.75 ararete Pilas. 1 LS 526,100.00 518100.00 AILpnInUm Gan +w 1 LS 13, .00.00 513,690,00 analea S' na 1 LS 2,7 2.60 $2,752.50 Kl ak S n 1 LS $2752.50 $2,752 b0 Soh Tool Sub Toud $380,000,00 8 325.00 ' '. Total • :::5300,000.00 Total ' . •'5319.125 00 Lucas Marine Acautstlion Co. LLC hem r Unn lbasm TWO Price GFNERAL- Onsfte Mobilization 7 587500 7 1 2,600.00 $2,600,00 Video 1 LS 50000 AO ro ecl Sign t 00.00 600 -00 Erosion and Turbidity control 1 LS 500.00 500.00 had Cantata Plar 1 $26,000.00 O 0 COnerCle Ftaaling 22 ks 1 LS 2 0 0.00 $220000.00 Carlaeta ilea 1 L $30,000.00 0 k,mirwmGan 1 LS $10000.00 510,000.00 nataa S n 1 LS 1,000.00 51 00. W $ 1 LS i 500.00 $1,600.00 Soh Tool $380,000,00 ' '. Total • :::5300,000.00 City or Sadord -FO Boa 17ea Sanford, FL 32772 No. 2845 P. 2 DATE: 08/27/13 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.68 8.5021 VENDOR NO.: 11969 TO: PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 S E CLINE CONSTRUCTION, INC 18 UTILITY DR PALM COAST, FL 32137 PO NUMBER 033517 CHANGE #: 1 DATE CHG: 09/25/13 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD, FL 32772 SHIP TO: CITY OF SANFORD 300 N. PARK AVENUE SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/13 NET /30 63852 ACCOUNT NO.: 310-4048-572.63-00 PROJECT NO.: PW 110 3 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * CHANGE ORDER * *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 PUBLIC DAY DOC FACILITY; 342325.00 NA 1.00 342325.00 CONSTRUCTION OF FLOATING DOCKS & ACCESS RAMPS PROJECT; IFB 12/13 -18 AT THE SANFORD MARINA Change Order No.l Decrease PO for - $7,000 fixed Dock value engineering... 9.25.13 decreasing PO SUB TOTAL 342325.00 TOTAL 342325.00 REMARKS: APPROVED BY: PURCHASING AGENT APPROVED BY: ► V_t11^ CITY MA GER ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: /IWWW.SANFORDFL.GOV/ DEPARTMENTS /PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING SECTION 00950 CHANGE ORDER FORM Change Order No. 1 S �—+ Project Name: Public Dock Facility @ Sanford Marina Bid No.: 12/13 -18 Owner: City of Sanford Contractor: S.E. Cline Construction, Inc. Agreement Date: 22 July 2013 This Change Order is necessary to cover changes in the work to be performed under this Agreement. The GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, and STANDARD SPECIFICATIONS apply to and govern all work under this Change Order. THE FOLLOWING CHANGES ARE MADE TO THE CONTRACT DOCUMENTS: (1) Original Contract Price (2) Current Contract Price (Adjusted by Previous Change Orders) (3) Total Proposed Change in Contract Price (4) New Contract Price (Item 2 + Item 3) (5) Original Contract Time (6) Current Contract Time (Adjusted by Previous Change Orders) (7) Total Proposed Change in Contract Time (8) New Contract Time (Item 6 + Item 7) (9) New Contract Substantial Completion Date $349,325.00 $349,325.00 $ (7,000.00) $342,325.00 15 0 Days 15 0 Days 0 Days 15 0 Days 14 January 2014 Public Dock Facility CHANGE ORDER FORM ag Sanford Marina 00950 -1 SPECLIS040811 CHANGES ORDERED ITEM 1 Description of Change: Fixed Dock Value Engineering Reason for Change: Fixed Dock Value Engineering Change in Contract Price: - ($ 7, 0 0 0. 0 0 ) Change in Contract Time: 0 Days ITEM 2 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days ITEM 3 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -2 SPECLIB040811 ITEM 4 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days ITEM 5 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days ITEM 6 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -3 SPECLIB040811 CHANGE ORDER SUMMARY No. Description Change in Contract Price Change in Contract Time 1 Value Engineering Fixed Dock - ($7,000.00) 0 Days TOTAL $ (7,000.00) 0 Days WAIVER This Change Order constitutes full and mutual accord and satisfaction for the adjustment of the Contract Price and Contract Time as a result of increases or decreases in cost and time of performance caused directly and indirectly from the change. Acceptance of this Waiver constitutes an agreement between OWNER and CONTRACTOR that the Change Order represents an equitable adjustment to the Agreement and that CONTRACTOR shall waive all rights to file a Contract Claim or claim of any nature on this Change Order. Execution of this Change Order shall constitute CONTRACTOR's complete acceptance and satisfaction that it is entitled to no more costs or time (direct, indirect, impact, etc.) pursuant to this Change Order. Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -4 SPECLIB040811 APPROVAL AND CHANGE ORDER AUTHORIZATION ACKNOWLEDGMENTS The aforementioned change, and work affected thereby, is subject to all provisions of the original Agreement and specifically changed by this Change Order; and It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original Agreement other than matters expressly provided herein. WITNESS to CONTRACTOR: S.E. Cline Construction, Inc. Contractor C.M. Cameron, Jr., V.P. Cy iacus A cin or Printed Name and Title of Officer 6 September 2013 zje�� Z Date By (Signature) 6 September 2013 Date (Corporate S`bal.) ATTEST: a Owner To (Signature) Printed Name an Titl Date By (Sign re) g, /(� (Seal) Date END OF SECTION Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -5 SPECLIB040811 )W PUBLIC WORKS DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services �\D C AA9 The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution ® City Clerk Attest Once completed, please: ® Return original ❑ Return copy El Special Instructions: ® Mayor's signature ❑ Recording it5iey (Vaultf s Signature OU Once the Commission Agenda Item for the Marina Day Slips is approved on 7/22/13, the attached contract needs to be executed by the above individuals. Please return to Marisol in Purchasing once executed. Please advise if you have any questions regarding the above. Thank you! Robert Beall 7/11/13 From Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc t Q U ") S.E. Cline Construction, Inc. MARINE ENGINEERS & CONSTRUCTORS / SITE DEVELOPMENT INE) P.O. Box 354425, Palm Coast, FL 32135 18 Utility Drive, Palm Coast, FL 32137 cGC OW40 P: (386) 446 -6426 F: (888) 465 -3598 Public Day -Dock Facility 12/13 -18 Agreement Checklist 1. Executed, Section 00520 - Agreement Form. (Attached) 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. (Bid Process) 3. Addenda Applicable to the Bid (Bid Process) 4. Contractor's Bid, 00410. (Bid) 5. Performance Bond, 00605. (Attached) 6. Payment Bond, 00610 (Attached) 7. Material and Workmanship Bond, 00615. (Attached Blank Form) 8. Trench Safety (Executed Form), 00430 (Included with Bid) 9. Non Collusion Affidavit, 00432 (Included with Bid) 10. Conflict of Interest Affidavit, 00434 (Included with Bid) 11. Public Entities Crime Affidavit, 00436 (Included with Bid) 12. Compliance With the Public Records Law Affidavit, 00438 (Included with Bid) 13. Bidder Qualification Affidavit, 00440 (Included with Bid) 14. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 (Attached) 15. Certification Of Non - Segregated Facilities (Executed Form), 00450 (Attached) 16. Disputes Disclosure (Executed Form), 00452 (Attached) 17. Drug Free Workplace (Executed Form), 00454 (Attached) 18. Unauthorized (Illegal) Alien Workers Affidavit, 00456 (Attached) 19. E- Verify Compliance Affidavit, 00458 (Attached) 20. Americans With Disabilities Act Affidavit, 00460 (Attached) 21. Financial Information (Executed Form) (If Required by City), 00462 (Attached) 22. Criminal Background Check Requirements (If Required for Project by City), 00525 (Form Excluded from Original Package) 23. Insurance Certificate(s) (Attached) PAGE 1 24. Notice of Award, 00510 (Attached Blank Form) 25. Notice to Proceed, 00530. (Attached Blank Form) 26. Consent of Surety to Final Payment (Executed Form), 00617. (Attached Blank Form) 27. Contractor's Application for Payment (Executed Forms), 00625. (Attached Blank Form) 28. Certificate of Substantial Completion, 00626. (Attached Blank Form) 29. Certificate of Final Completion, 00627. (Attached Blank Form) 30. Contractor's Partial Release of Lien (Executed Forms), 00640. (Attached Blank Form) 31. Subcontractor's Final Release of Lien (Executed Form), 00641. Form # is 00646 in Package (Attached Blank Form 00646) 32. Subcontractor's Partial Release of Lien (Executed Forms), 00644. Form # is 00647 in Package (Attached Blank Form 00647)) 33. Contractor's Release of Lien (Executed Form), 00645. (Attached Blank Form) 34. Project Field Order (Executed Form), 00940. (Attached Blank Form) 35. Work Directive Change (Executed Form), 00945. (Attached Blank Form) 36. Change Order (Executed), 00950. (Attached Blank Form) 37. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. PAGE 2 SECTION 00520 AGREEMENTFORM PART 1 GENERAL ry / 1.01 THIS AGREEMENT, made and entered into th d� " day o by and between the City of Sanford Florida 300 North ParklAvendd. 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 S.E. Cline Construction. Inc., whose principal and local address is 18 Utility Drive; Palm Coast, FL 32137, hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section 00520 - Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00010 -1 of the Project Manual) includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the 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. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 Public Day Dock Facility IFB 12/13 -18 00520 -1 SPECLIB110612 AGREEMENT 15. Certification Of Non - Segregated Facilities (Executed Form), 00450 16. Disputes Disclosure (Executed Form), 00452 17. Drug Free Workplace (Executed Form), 00454 18. Unauthorized (Illegal) Alien Workers Affidavit, 00456 19. E- Verify Compliance Affidavit, 00458 20. Americans With Disabilities Act Affidavit, 00460 21. Financial Information (Executed Form) (If Required by City), 00462 22. Criminal Background Check Requirements (If Required for Project by City), 00525 23. Insurance Certificate(s) 24. Notice of Award, 00510 25. Notice to Proceed, 00530. 26. Consent of Surety to Final Payment (Executed Form), 00617. 27. Contractor's Application for Payment (Executed Forms), 00625. 28. Certificate of Substantial Completion, 00626. 29. Certificate of Final Completion, 00627. 30. Contractor's Partial Release of Lien (Executed Forms), 00640. 31. Subcontractor's Final Release of Lien (Executed Form), 00641. 32. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 33. Contractor's Release of Lien (Executed Form), 00645. 34. Project Field Order (Executed Form), 00940. 35. Work Directive Change (Executed Form), 00945. 36. Change Order (Executed), 00950. 37. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Documents. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the Public Day Dock Facility Cad Sanford Marina per the requirements of the plans and permits. 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 150 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. Public Day Dock Facility IFB 12113 -18 00520 -2 SPECLIB110612 AGREEMENT 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 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 $500.00 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one -fourth ('/.) of the rate set forth above. E. Contract Price 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 Three hundred forty -nine Thousand three hundred Dollars ($349.325.00). Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less Public Day Dock Facility IFB 12/13 -18 00520 -3 SPECLIB110612 AGREEMENT 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. Additional Terms and Conditions The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and /or service providers to provide the same goods and /or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and /or service providers for CITY projects. The CITY reserves the right to select which goods and /or services provider shall provide goods and /or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods /services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain Public Day Dock Facility lFB 12/13 -18 00520 -4 SPECLIB110612 AGREEMENT forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and /or services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty -eight (48) hours of the CITY's written request for such information. This information will be reviewed, Public Day Dock Facility IFB 12/13 -18 00520 -5 SPECLI6110612 AGREEMENT screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and /or work sites. d. The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private contractors and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning in a position critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: 1) Fingerprinting in accordance with the CITY's pre - employment procedures; 2) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. e. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and /or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City Commission to be critical to the security and /or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and /or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or Public Day Dock Facility IFB 12113 -18 00520 -6 SPECLI5110612 AGREEMENT procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and /or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and /or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and /or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and /or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his /her designated representative, shall have the following responsibilities: Public Day Dock Facility IFB 12/13 -18 AGREEMENT 00520 -7 SPECL IB 110612 a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Robert Beal 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 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 Public Day Dock Facility IFB 12/13 -18 AGREEMENT 00520 -8 SPECUB1 10612 requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. Public Day Dock Facility IFB 12/13 -18 AGREEMENT 00520 -9 SPECLIB110612 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and /or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and /or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and /or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and /or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or Public Day Dock Facility IFB 12113 -18 00520 -10 SPECLIB110612 AGREEMENT 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. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. f. The CONTRACTOR shall submit a report to the CITY within twenty -four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the Public Day Dock Facility IFB 12113 -18 AGREEMENT 00520 -11 SPECLIB110612 first PurchaseMork Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working Public Day Dock Facility IFB 12113 -18 00520 -12 SPECLIB110612 AGREEMENT solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Public Day Dock Facility IFB 12/13 -18 AGREEMENT 00520 -13 SPECLIB110612 Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and /or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and /or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or Public Day Dock Facility IFB 12113 -18 AGREEMENT 00520 -14 SPECLIB110612 performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. Public Day Dock Facility IFB 12/13 -18 00520 -15 SPECLIB 110612 AGREEMENT 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and /or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and /or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained Public Day Dock Facility lFB 12/13 -18 00520 -16 SPECLIB110612 AGREEMENT herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. Public Day Dock Facility IFB 12113 -18 00520 -17 SPECLIB110612 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 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. Public Day Dock Facility IFB 12/13 -18 00520 -18 SPECLIB 110612 AGREEMENT CONTRACTOR: S.E. Cline Construction. Inc. Name of Firm /,Zo�� z:e By (Signature) Date (SEAL) C.M. Cameron, Jr., Sr. V.P. Printed Name and Title ATTEST: By,(, ignature) Hate Cyriacus Alcindor, Corp. Secretary Printed Name and Title OWNER: Name of Owner By (Signature) /)}-1 V / Date (SEAL) Printed Name and Title ATTEST: : E '(Signature) i Date Janet Dougherty, City Clerk Printed Name and Title Approved as to form and legal suffi 'ency. William L. Colbert Date City Attorney END OF SECTION Public Day Dock Facility IFB 12113 -18 AGREEMENT 00520 -19 SPECLIB110612 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 , 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 construction of floating docks and access ramps and other appurtenances in that certain Project known as Public Dock Facility 0) Sanford Marina, 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 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 Public Dock Facility MATERIAL AND WORKMANSHIP BOND @ Sanford Marina 00615 -1 SPECLIB091509 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: Secretary (Contractor) Typed Name (CORPORATE SEAL) (Witness to Contractor) Typed Name ATTEST: (Surety) Secretary Typed Name (CORPORATE SEAL) Witness as to Surety Contractor Signatory Authority By (Signature) Typed Name and Title Address City, State, Zip Telephone No. Facsimile No. Surety Telephone No. Facsimile No. M Attorney -in -Fact Public Dock Facility MATERIAL AND WORKMANSHIP BOND @ Sanford Marina 00615 -2 SPECLIB091509 Typed Name Witness as to Surety Typed Name Typed Name Address 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 Public Dock Facility MATERIAL AND WORKMANSHIP BOND @ Sanford Marina 00615 -3 SPECLIB091509 SECTION 00442 RECEIPT OF EXEMPT PUBLIC RECORDS AND AGREEMENT TO SAFEGUARD Note: This form is to be included only for those projects where the City determines the plans and other bidding documents are exempt from the Public Records Law. Project Name: Sanford Dock Facility @ Sanford Marina Bid No.: IFB 12/13 -18 The undersigned and the below named company is the recipient of certain documents and by signing this document hereby certifies that the company named below hereby agrees and acknowledges that in accordance with the provisions of Florida Statute 119.07(1) and 24(a), Article 1 of the State of Florida Constitution), that any and all documents such as building plans, blueprints, schematic drawings and diagrams, regardless of the status of the documents (draft, preliminary or final) which depict the internal layout and structural elements of a proposed or existing public building, arena, stadium, water treatment facility, wastewater treatment facility, or other structure owned or operated by the City of Sanford that have been provided to the recipient by the City of Sanford are exempt from the Public Records Law of the State of Florida as set forth in the above reverenced law. The recipient hereby acknowledges its obligation to maintain the exempt status of this information and agrees to fully maintain, in every respect, the exempt status of the documents and protect and safeguard the documents from public dissemination. The recipient recognizes that the purpose of this exemption is to protect the City of Sanford, its citizens and the general public from acts of terrorism. The statement of the recipient made herein includes binding representations with regard to the following persons and entities, without limitation: all subcontractors (potential or contracted) of recipient, all employees, agents, officers and any other persons associated with recipient. The recipient shall ensure that all said persons and entities are advised of and agree to protect the exempt nature of the above referenced documents and to safeguard same prior to permitting any of the above said persons or entities to have access to the referenced documents. The recipient may use the referenced documents to make Bids upon an exempt municipal project in coordination with such persons and entities, provided recipient ensures that the exempt status and control of the documents is protected. The following list of specific documents, provided to the recipient as documented below, which are exempt from the Statutes indicated and as provided above: 1. 2. 3. 4. Sanford Dock Facility @ Sanford Marina IFB 12/13 -18 00442 -1 SPECLIB110612 RECEIPT OF EXEMPT PUBLIC RECORDS AND AGREEMENT TO SAFEGUARD Recipient: L. Signature C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title Representing: S.E. Cline Construction, Inc. Name of Company Date 18 Utility Drive, Palm Coast, FL 32137 (386) 446 -6426 Company Address Phone No. END OF SECTION Sanford Dock Facility @ Sanford Marina IFB 12/13 -18 00442 -2 SPECLIB110612 RECEIPT OF EXEMPT PUBLIC RECORDS AND AGREEMENT TO SAFEGUARD Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00450 -1 CERTIFICATION OF NON - SEGREGATED FACILITIES FORM The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of its establishments. The Contractor further certifies that none of its employees are permitted to 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 lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise. The Contractor agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 and that it will retain such certifications in its files. S.E. Cline Construction, Inc. Contractor 06/26/2013 Signature of Authorized R6presentative Date C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative END OF SECTION Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00452 -1 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO ". If you answer "YES ", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? No (Y /N) 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? 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? No (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. S.E. Cline Construction, Inc. Firm 06/26/2013 Signature of Authorized Rep/s-entative Date C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative END OF SECTION Project Name: Sanford Dock Facility a Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00454 -1 DRUG FREE WORKPLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 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. S.E. Cline Construction, Inc. Firm 06/26/2013 Signature of Authorized Representative Date C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative END OF SECTION Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00456 -1 UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT The City of Sanford will not intentionally award publicly- funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City of Sanford shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by 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. S.E. Cline Construction, Inc. Con Vc,, 06/26/2013 Signature of Authorized Repres tative ( Affiant) Date C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative ( Affiant) COUNTY OF Flagler STATE OF FLORIDA On this 26th day of June 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared C.M. Cameron, Jr. whose name(s) mare subscribed to the within instrument, and (E)/she/they ace /they executed it. WITNESS my hand and official seal. She is m has produced as iden i ot�'YP�eG WANNEWATERS (Notary Public in and for the County and State Aforementioned) '•. C * * MY COMMISSION N DD 973103 XPIRES: July 10, 2014 I �1 OFF��S ruBwo No" seryiOn My commission expires: / o ,�7 END OF SECTION Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00458 -1 E- VERIFY COMPLIANCE AFFIDAVIT The Affiant identified below attests to the following: 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 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. "Status Verification System" — the procedures developed under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, operated by the Department of Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 Homeland Security and known as the "E- Verify Program ", or any successor electronic verification system that may replace the E- Verify Program. S.E. Cline Construction, Inc. Contractor Signature of Authorized Repr entative (Affiant) C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Flagler STATE OF FLORIDA 06/26/2013 Date On this 26th day of June , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared C . M . Cameron, Jr. whose name(s) is are subscribed to the within instrument, and dshe /they acknowledge that a she /they executed it. WITNESS my hand and official seal. el�She is ona y nown r has produced as i en . tiaa'r aus LU/WNEWATERS (Notary Public in and for the Count and State Aforementioned *ro *-.,-ALBondedThru ' .•'.'` /c * MY COMMISSION 4 DD 913103 ( ry y ) EXPIRES: July 10, 2014 -Budeet ►* ry s My commission expires: END OF SECTION 00458 -2 Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00460 -1 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. S.E. Cline Construction, Inc. Contractor 06/26/2013 Signature of Authorized Repr entative (Affiant) Date C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Flagler STATE OF FLORIDA On this 26th day of June , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared C. M. Cameron, Jr. whose name(s) (Dare subscribed to the within instrument, and ED/she /they acknowledge that(IDshe /they executed it. WITNESS my hand and official seal. 1 ie She is sona known tom has produced as identification. O,�F,NY PUeG LUANNE WATERS (Notary Public in and for the County and State Aforementioned) * * MY COMMISSION # DO 973103 "rq �,� I�R,,,;B,;doNoj;y20 My commission expires: OFF END OF SECTION Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00462 -1 FINANCIAL INFORMATION FORM If requested by the City of Sanford, the following information is to be provided by the Bidder as part of the City's evaluation of the Bidder after Bids have been received by the City: 1. Bank References: Name of Bank Bank Address Contact Name and Title Contact Phone No. Intracoastal Bank 1290 NW Palm Coast Parkway Palm Coast, FL 32137 Laurie Alves (386) 447 -1662 2. Attach a financial statement including Bidder's latest balance sheet and income statement showing the following items: A. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). B. Net Fixed Assets C. Other Assets D. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) Project Name: Solicitation No.: Sanford Dock Facility @ Sanford Marina IFB 12/13 -18 E. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings) F. State the name of the firm preparing the financial statement and date thereof: Weston & Gregory, P.A., Sept. 12, 2012 G. This financial statement must be for the identical organization named on page one. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. 3. State the names and addresses of all businesses and /or individuals who own an interest of more than five percent (5 %) of the Bidder's business and indicate the percentage owned of each such business and /or individual: Name Address Percenta a Owned Scott Sowers President 1093 CR 13 Bunnell, FL 32110 51.85 C.M. Cameron, Jr. Sr. Vice President 25 Westmayer Place Flager Beach, FL 32136 11.11 Cyriacus Alcindor Secretary / Tresurer 14 Kasbah Place Palm Coast, FL 32137 18.52 Daniel Paton Vice President 398 Trade Wind Lane St. Augustine, FL 32080 18.52 S.E. Cline Construction, Inc. IT e Signature of Authorized ,0410, ntative C.M. Cameron, Jr., Sr. V.P. 06/26/2013 Date Printed or Typed Name and Title of Authorized Representative END OF SECTION 00462 -2 S. E. CLINE CONSTRUCTION, INC. Audited Financial Statements and Independent Auditors' Report and Supplemental Data For the years ended June 30, 2012 and 2011 CONTENTS Independent Auditors' Report Audited Financial Statements: Pam Balance Sheets 2 Statements of Income and Retained Earnings Statements of Cash Flows Notes to Financial Statements 5-10 Supplemental Data: Schedule of Contracts in Progress 11 Statements of Cost of Sales 12 Statements of Selling, General and Administrative Expenses 13 WESTON & GREGORY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 100 LA COSTA LANE, SUITE 100 DAYTONA BEACH, FLORIDA 32114 -8158 (386) 274 -2747 phone • (386) 27+2757 fax (Comer of Williamson Blvd. & Dunn Ave.) INDEPENDENT AUDITORS' REPORT Board of Directors S. E. Cline Construction, Inc. Palm Coast, Florida FREDERICK D. WESTON, CPA PAULA M. GREGORY, CPA LISA C. PARK, CPA JAMES S. ASHBY, CPA CASSANDRA R. HIGGINS, CPA JOY A. STEEL, CPA We have audited the accompanying balance sheet of S. E. Cline Construction, Inc. as of June 30, 2012 and the related statements of income and retained earnings, and cash flows for the year then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audit. The fmancial statements of S.E. Cline Construction, Inc. as of June 30, 2011, were audited by other auditors whose report dated September 15, 2011, expressed an unqualified opinion on those statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining; on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of S. E. Cline Construction, Inc. at June 30, 2012, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The 2012 supplemental data on pages 1 1 -13 is presented for the purpose of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, such information is fairly stated in all material respects in relation to the consolidated financial statements as a whole. The 2011 supplemental data on that pages 11 -13 was subjected to the auditing procedures applied in the 2011 audit of the basic financial statements by other auditors, whose report on such information stated that it was fairly stated in all material respects in relation to th e 2011 nancial statements as a whole. V September 12, 2012 OD America Counts on CPAs S.E. CLINE CONS1 RUCTION, INC. Balance Sheets June 30. 2012 and 2011 ASSETS Other assets: Note receivable - Forest Green, LLC 1,060,330 973,035 Note receivable - Bunnell Winds, LLC - 438,892 Deposits 10,510 10,510 1,070,840 1,422,437 S 6,661,113 S 7,205,821 LIABILITIES AND SHAREHOLDERS' EQUITY Current liabilities: 2012 2011 Current assets: S 951,219 S 277'036 Cash and cash equivalents S 97,001 $ 492,417 Contracts receivable 1,448,737 1,537,132 Costs and estimated earnings in excess 442,340 82.801 of billings on uncompleted contracts 217,803 1,523,297 Employee advances 10,294 4.539 Prepaid expenses - 25'007 Investment in Bunnell Rinds, LLC, at cost 1,692,251 - Land held for investment, at cost 81,552 81,552 Total current assets 3,547,638 3,663,944 Additional paid -in capital Property and equipment: 42'600 Retained earnings Land 126,477 1 26,477 Buildings and improvements 15,153 15,153 Autos and trucks 1,759,850 1,817.466 Machinery and equipment 3,958,102 4,176,715 Furniture and fixtures 49,069 49,069 5,908,651 6,184,880 less accumulated depreciation 3,866,016 4,065,440 2,042.635 2,1 19.440 Other assets: Note receivable - Forest Green, LLC 1,060,330 973,035 Note receivable - Bunnell Winds, LLC - 438,892 Deposits 10,510 10,510 1,070,840 1,422,437 S 6,661,113 S 7,205,821 LIABILITIES AND SHAREHOLDERS' EQUITY Current liabilities: Current portion of notes payable S 951,219 S 277'036 Accounts payable and accrued expenses 668.763 966,572 Billings in excess of costs and estimated earnings on uncompleted contracts 442,340 82.801 Total current liabilities 2.062.322 1'326'109 Notes payable, less current portion 155.295 763,819 2,217,617 2,090,228 Shareholders' equity: Common stock, 100,000 shares of 5.075 par authorized, issued and outstanding 7>>00 7,00 Additional paid -in capital 42,600 42'600 Retained earnings 4,593,396 5,265,493 Treasury stock, 750 shares, at cost (200,000) (200.000) 4,443,496 5,115,593 S 6,661,113 S 7,205,821 See .Accompanying Independent Auditors' Report and Notes to Financial Statements -2- Revenues: Contract revenue Other income Costs and expenses: Cost of sales Selling, general and administrative Interest Net loss, as restated for 2011 Retained earnings, beginning of year Distributions to shareholders Retained earnings, end of year S.E. CLINE CONSTRUCTION, INC. Statements of Income and Retained Eamines For the years ended June 30. 2012 and 2011 See Accompanying Independent Auditors' Report and Notes to Financial Statements -3- 2012 S 8.533,577 S 7,630.440 30,387 8,841 8,563,964 7,639,281 8,330,245 8,151,264 781,872 62 9,3 78 63,944 47,664 9,176,061 8.828,306 (612,097) (1,189,025) 5,265,493 6,590,518 60,000 136,000 S 4,593.396 S 5,265,493 S.E. CLINE CONSTRUCTION. INC. Statements of Cash Flows For the %ears ended June 30, 2012 and 2011 2012 2011 Cash flows from operating activities: Receipts from customers S 8,969,698 S 7,481,389 Other receipts 27,280 8,841 Construction costs paid (8,021,881) (6,719,231) Payment of selling, general and adminstrative expenses (769,913) (623,589) Interest paid (63,944) (47,664) Net cash provided by operating activities: 141,240 99,746 Cash flows from investing activities: Property and equipment additions (423,072) (240,019) Investment in Bunnell Winds_, LLC (43,299) (191,065) Proceeds from sale of assets 17,106 - Loans to Forest Green, LLC (87,295) (68,035) Loans to Bunnell Winds, LLC - (36,421) Employee advances, net (5,755) (1,127) Net cash used in investing activities (542,315) (345,602) Cash flows from ftnancine activities: Loan proceeds 376,837 425,426 Principal repayments (311,178) (191,065) Dividends paid (60,000) (136,000) Net cash provided by financing activities: 5,659 98,361 Net decrease in cash and cash equivalents (395,416) (147,495) Cash and cash equivalents, beginning of year 492,417 639,912 Cash and cash equivalents, end of year S 97,001 $ 492,417 Reconciliation of net loss to net cash provided by operating activities: Net loss S (612.097) S (1.189.025) Adjustments to reconcile net loss to net cash provided by operating activities: Gain on sale of assets (3.107) - Depreciation 485,878 405,916 Cancellation of note receivable - Bunnell Winds. LLC 438,892 - Decrease (increase) in current assets: Contracts receivable 88.395 735,331 Costs and estimated earnings in excess of billings 1,305,494 188,535 Prepaid expenses 25,007 4,167 Investment in Bunnell Winds, LLC (1,648,952) - Increase (decrease) in current liabilities: Accounts payable and accrued expenses (297,809) (115,864) Billings in excess of costs and estimated earnings 359,539 70,686 Net cash provided by operating activities S 141,240 S 99,746 See Accompanying Independent Auditors' Report and Notes to Financial Statements -4- S. E. CLINE CONSTRUCTION. INC. Motes to Financial Statements June 30, 2012 and 2011 I. Accounting Policies: The following is a summary of the Company's significant accounting policies: Company's Activities and Operating Cycle -The Company is engaged in the construction industry, performing site work, underground utilities and marine construction. The work is performed under fixed price and unit price contracts. Under unit price contracts the company is paid for the actual quantities constructed at unit prices specified in the contracts. Actual quantities frequently vary from original plans. The length of the Company's contracts varies but is typically less than one year. Accounting Basis for Recording income - Profits on long term contracts are recorded on the basis of the Company's estimates of the percentage of completion of the individual contracts. That portion of the total contract price is accrued which is allocable, on the basis of the percent that actual cost incurred on work performed bears to the Company's estimate of the total cost on individual contracts. A contract is considered complete when it has been accepted by the customer. Contract costs include material, labor, subcontract and other direct job costs as well as indirect costs related to contract performance such as fuel, repairs, supplies, insurance, and depreciation costs. Selling, general and administrative costs are charged to expense as incurred. As these lonb term contracts extend over one or more years, revisions in cost and profit estimates during the course of the work are reflected in the accounting period in which the facts which require the revision become known. Profits on short-term contracts are recorded upon completion of each contract. At the time a loss on a contract becomes known, the entire amount of the estimated ultimate loss on both short and long -term contracts is accrued. 'rhe asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenues recognized. Cash and Cash Equivalents - The Company considers all highly liquid investments with a maturity of three months or less when purchased to be "cash equivalents ". Contracts Receivable - The Company provides an allowance for doubtful collections that is based upon a review of outstanding receivables, historical collection information, and existing economic conditions. Normal contracts receivable are due 30 days after the issuance of the invoice. Contract retentions are due 30 days after completion of project and acceptance by the owner. Delinquent receivables are written off when circumstances dictate collection is impossible. Sales of Real Estate - Sales of real estate generally are accounted for under the full accrual method. Under that method, gain is not recognized until the collectability of the sales price is reasonably assured and the earnings process is virtually complete. When a sale does not meet the requirements for income recognition, gain is deferred until those requirements are met. Some sales of real estate are accounted for under the installment method. Under that method, gain is recognized as principal payments on the related notes receivable are collected. A portion ofthe deferred gain is also recognized as income to the extent that the deferred gain exceeds the note receivable from the buyer plus the maximum contingent liability to the Company for other debt on the property. S. E. CLINE CONSTRUCTION, INC. Notes to financial Statements (Continued) June 30. 2012 and 2011 L Accountine Policies, continued: Real Estate Costs - Costs that clearly relate to the acquisition, development, and construction of a real estate project are capitalized. Interest costs are capitalized while development and construction is in progress. No interest was capitalized for the years ended June 30, 2012 and 2011. Property and I uq i�ment - Property and equipment are recorded at cost. Maintenance and repairs are charged to expense as incurred; major renewals and betterments are capitalized. When assets are sold or retired, the related costs and accumulated depreciation are removed from the accounts and any gain or loss is included in revenues or expenses. Depreciation is charged to operations by the straight -line method over the estimated useful lives of the assets as follows: Years Buildings and improvements 7 -39 Autos and trucks 5 - 10 Machinery and equipment 5 - 10 Furniture and fixtures 5 - 7 Income taxes - The Company has elected, with the consent of its stockholders, to be taxed under Subchapter S of the Internal Revenue Code. Under Subchapter S, a corporation generally pays no income taxes. Profits and losses of the corporation are reported in the stockholders' individual income tax returns. The Company plans to pay dividends to its shareholders so that they can satisfy their income tax liabilities. Management has determined that there are no uncertain tax positions that would require recognition in the financial statements. If the Company were to incur an income tax liability in the future, interest on any income tax liability would be reported as interest expense and penalties on any income tax would be reported as income taxes. Management's conclusions regarding uncertain tax positions may be subject to review and adjustment at a later date based on ongoing analysis of tax laws, regulations, and interpretations thereof as well as other factors. Generally, federal, state, and local authorities may examine the Company's tax returns for three years from the filing date and the current and prior three years remain subject to examination as of June 30, 2012. Estimates -The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Management estimates the cost to complete for all jobs in progress at year end. While it is at least reasonably possible that the estimates will change materially before completion of these jobs, no estimate can be made of the effect on net income that is at least reasonably possible. Sales taxes - The Company records revenues and cost of sales net of any sales tax. Subsequent Events -The Company has evaluated events and transactions for potential recognition or disclosure in the financial statements through September 12, 2012, the date the financial statements were issued. No subsequent events have been recognized or disclosed. -6- S. E. CLINE CONSTRUCTION, INC. Notes to Financial Statements (Continued) June 30, 2012 and 2011 2. Contracts Receivable: Contract receivables are summarized as follows: 2012 2011 Completed contracts S 235,814 S 368,741 Contracts in progress 833,609 888,549 Retainage 440,814 341,342 1,510,237 1,598,632 Less: allowance for doubtful accounts 61,500 61,500 S 1,448,737 S 1,537,132 3. Contracts in Progress: Information with respect to contracts in process is summarized as follows: 2012 2011 Expenditures on uncompleted contracts S 4,385,121 S 4,485,331 Estimated earnings thereon 103,207 (216,028) S 4,488,328 S 4,269,303 Less: billings applicable therto 4,712,865 2,828,807 (224,537) 1,440,496 Included in the accompanying balance sheets under the following captions: Costs and estimated earnings in excess of billings V on uncompleted contracts S 217,803 S 1.523,297 Billings in excess of costs and estimated earnings on uncompleted contracts (442,340) (82,801) S (224,537) S 1,440,496 -7- S. E. CLINE CONSTRUCTION, INC. Notes to Financial Statements (Continued) June 30, 2012 and 2011 4. Notes Payable: Notes payable are summarized as follows: ?012 2011 Note payable in equal monthly installments of $565 including imputed interest at 6.00°,0, collateralized by Chevy truck $ - S 4,421 Note payable in equal monthly installments of $399 including imputed interest at 6.00 %. collateralized by excavator rake - 4.246 Note payable in equal monthly installments of $3,033 including interest at 1.70%. collateralized by CAT 320DL 9,074 44.989 Note payable in equal monthly installments of $1,385 including interest at 5.14 %. collateralized by Chevy truck 14,846 30,293 Note payable in equal monthly installments of $919 including interest at 7.14 %, collateralized by Chevy truck 18,100 28,214 Note payable in equal monthly installments of $6,773 including interest at 5.98 %, collateralized by CAT 330CL 59,464 128,871 Note payable in equal monthly installments of $1,705 including interest at 6.15 %, collateralized by CAT 297C 16,582 36,002 Note payable in equal monthly installments of S5,969 including interest at 420 %, collateralized by CAT Motor Grader 148,088 - Note payable in equal monthly installments of $5,191 including interest at 4201/,0, collateralized by CAT Dozer 124,041 - Line of credit with a maximum borrowing limit of $1,500,000, interest is due monthly at LIBOR plus 5.25 %. Principal due November 2012.. collateralized by various equipment _7 16319 1.106,514 1,040.855 less current portion __951,219 __. 277.036 S 155,295 S 763,819 -8- S. E. CLINE: CONSTRUCTION. INC. Notes to Financial Statements (Continued) June 30, 2012 and 2011 4. Notes Pavable. continued: Principal matures in the years ending .Tune 30: 2013 S 951,219 2014 138,248 2015 17,047 2016 - 2017 and beyond - 1, j 06,5 L4 5. Retainne Due Subcontractors: Retainage due subcontractors and included in accounts payable at June 30, 2012 and 2011 was $152,927 and $79,861, respectively. 6. Related Party Transactions: The Company occupies its office, maintenance facilities and storage yard under an informal rental agreement with a corporation owned by an officer of the Company The agreement provides for monthly rentals of $2,226 including sales tax and is cancelable by either party without prior notice. The Company has a note receivable due from Forest Green, LLC, a real estate partnership owned by the shareholders of the Company in the amount of $1,060,330 and 5973,035 at June 30, 2012 and 2011, respectively. This is an unsecured note and bears no rate of interest. The principal amount of the loan was due September 1, 2011. The Company had a note receivable due from Bunnell Winds, LLC, a real estate partnership owned by the shareholders of the Company in the amount of $3,719,709 at June 30, 2011. This note was secured by real estate sold to the partnership and bears no rate of interest. The principal amount of the loan was due September 1, 2012. The note receivable was netted against a deferred gain on sale of the real estate in the amount of $3,280,817 that was to be recorded as income when the real estate parcels were sold. Effective January 1, 2012, the note receivable was cancelled and ownership in Bunnell Winds, LLC was transferred to the Company. The Company has recorded the asset as investment in Bunnell Winds. I_I_C as follows: Note receivable S 3.719,709 Deferred gain (3,280,817) 438.892 Contract costs 1.210.060 1,648,952 Capitalized costs 43,299 $ 1,692,251 7. Concentrations of Risk: As of June 30, 2012 and 2011. the Company had no cash deposits in excess of FDIC insured limits. -9- S. E. CLINE CONSTRUCTION, INC. Notes to Financial Statements (Continued) June 30, 2012 and 2011 8. Employee Benefit Plan: The Company established a 401(k) type pension for all eligible employees. Employees are eligible to participate in the plan if they have been employed by the Company for six months. The employer makes matching contributions for the employees, not to exceed 50% of the first 4 of an employee's gross salary for which an employee contributes annually. Employer matching contributions and earnings will be vested in accordance to a vesting schedule and will become fully vested after five full years of service. Employer contributions to the plan and administrative costs for the year ended June 30, 2012 and 2011 were 516,109 and 5l 1,477, respectively. 9. Backlog: The following schedule summarizes changes in backlog on contracts obtained during the years ended June 30, 2012 and 2011. Backlog represents the amount of revenue the Company expects to realize from work to be performed on uncompleted contracts in progress at year end and from contractual agreements on which work has not yet begun. Backlog balance at beginning of year New contracts during the year Less: Contract revenues earned during the year Backlog balance at end of year 2012 S 3,623,453 10,728,132 14,351,585 2011 S 2,981.193 8,272,700 11,253,893 8,533,577 7,630,440 $ 5,818,008 S 3,623,453 10. Prior Period Adjustment: The accompanying financial statements for the year ended June 30, 2011 have been restated to correct an error for an understatement in job costs. The effect of this restatement was to increase the net loss at June 30, 2011 by $ 107,247. 11. Ownership Change: Effective January 1, 2012, Sam and Diane Cline transferred all their shares to long -time employees of' the Company. Some shares were sold under private annuity agreements and the balance of the shares were gifted. The private annuity agreements provide for monthly payments of $5,000 to both Sam and Diane. These payments have been made by the Company and charged to the shareholders respective dividend accounts. M SUPPLEMENTAL DATA Job Belle -Terre Multi -Use Path UNF Student Wellness Center Palatka Commercial Development SRI WWTP United Methodist Church Airport T -Hanger Airport South Entrance Road Ashley Outfall Drainage Princess Place Crandall Riverfront Knox Bridge Fender $ S. E. CLINE CONSTRUCTION, INC. Schedule of Contracts in Progress June 30, 2012 Costs Incurred to Date 1,555,100 591,830 927,821 188,694 326,961 192,848 31,624 175,624 284,610 100,515 9,494 Estimated Costs to Complete $ 463.202 35,014 92,100 339 13,617 558,884 1,108,200 67,909 38,323 1,033,758 633.579 $ 4,385,121 $ 4,044,925 Total Estimated Costs $ 2,018,302 626,844 1,019,921 189,033 340,578 751,732 1,139,824 243,533 322,933 1,1 34,273 643,073 $ 8,430,046 Percent Complete 77.0% 94.4% 91.0% 99.8% 96.0% 25.7% 2.8% 72.1% 88.1% 8.9% 1.5% $ 9,002,096 S 4,488,328 S 4,712,865 S 217,803 S 442,340 Costs and Billings in Contract Estimated Excess of Amounts, Earnings in Costs and Including Amount Billings Excess of Estimated Change orders Earned to date Billings Earnings $ 1,717,513 $ 1,254,310 S 1,375,048 S - S 120,738 648,375 612,158 609,453 2,705 - 1,011,927 919,827 935,301 - 15,474 187,037 186.698 184.315 2,383 - 458,364 440,038 448,500 - 8,462 825,406 211,748 174.807 36,941 - 1,314,007 36,457 148,685 - 112,228 317,306 228,825 256,391 - 27,566 542,325 477,967 302,626 175,341 - 1,233,134 109,276 267,148 - 157,872 746,702 11,024 10,591 433 - $ 9,002,096 S 4,488,328 S 4,712,865 S 217,803 S 442,340 S.E. CLINE CONSTRUCTION. INC. Statements of Cost of Sales For the years ended June 30, 2012 and 2011 $ 8,330,245 S 8,151,264 -12- 2012 2011 Subcontractors 3,161,656 S 1,766,962 Salaries and benefits 1,861,259 1,986,822 Materials 857,619 1,802,715 Depreciation 481,775 401,813 Fuel and oil 462,317 450,187 Repairs and maintenance 362,885 438,305 Insurance 215,409 197,362 Hauling 181,126 126,188 Equipment rental 167,402 477,004 Professional fees 115,260 55,770 Supplies 104,897 96,609 Survey 93,712 109,078 Taxes and licenses 56,849 50,264 Permits and plans 75,209 12,460 Testing 52,960 42,321 Utilities and telephone 31,017 15,733 Miscellaneous 29,343 93,082 Rent 12,241 21,600 Uniforms 7,309 6,989 $ 8,330,245 S 8,151,264 -12- S.E. CLINE CONSTRUCTION, INC. Statements of Selling, General and Administrative Expenses For the years ended June 30, 2012 and 2011 Salaries and benefits S 499,635 S 403,445 Office 56,788 45,341 Professional fees 53,403 62,393 Bad debts 52,548 3,804 Insurance 40,365 39,109 Rent 28,741 25,504 Utilities and telephone 12,374 10,355 Donations 9,389 12,188 Repairs and maintenance 8,738 6,505 Taxes and licenses 6,262 3,926 Dues and subscriptions 4,466 5,657 Depreciation 4,103 4,103 Travel and entertainment 3,361 2,763 Advertising 1.699 4,285 S 781,872 S 629,378 M '4� °® CERTIFICATE OF LIABILITY INSURANCE 5/27/2p13YY► 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 Hayward Brown - Flagler, Inc. CONTACT Jeanie Boudreau CIC NAME: r FAX PHONE (386)437 -7767 _ I(A/C.No):(386)437 -9226 - 3200 E. Moody Blvd. ADDRESS :Jeanie @haywardbrownflagler.com P.O. BOX 1669 PRODUCER 00003829 STOMERIDq. INSURER(S) AFFORDING COVERAGE NAIC I Bunnell FL 32110 _ INSURED INSURER A :Southern-Owners Insurance 10190 INSURER B S. E. Cline Construction, Inc. INSURER C MEDEXP(Anyoneperson) P. O. Box 354425 INSURER D: INSURER E 78554418 11/5/2012 Palm Coast FL 32135 -4425 INSURER F $ 1,000,000 COVERAGES CERTIFICATE NUMBERCL10113004917 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR '. TYPE OF INSURANCE ADDL INSR SUBR WVO POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MWDD/YYYY LIMITS GENERAL LIABILITY Sanford, FL 32771 J. Michael Kelley /JMB EACH OCCURRENCE $ 1,000 , 000 }(;COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100 r 000 MEDEXP(Anyoneperson) $ 10,000 A CLAIMS -MADE X OCCUR 78554418 11/5/2012 11/5/2013 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY ; X ; PRt T LOC $ AUTOMOBILE LIABILITY X ANY AUTO 9646658400 5/31/2013 5/31/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS X !HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ X NON -OWNED AUTOS X ;Comp 8 Coll - $1,000 Deductibles $ UMBRELLA LIAR OCCUR -- ~ EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR 'CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE WC STATU- OTH- _— ORY _LIMJT ... -. E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? ❑ N/A __ -- - E.L. DISEASE - EA EMPLOYE - - -- -- $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below _- -- - - - - -- E.L. DISEASE POLICY LIMIT 1 $ A Inland Marine /Contract Eq 78554418 11/5/2012 11/5/2013 All Risk Per Schedule Unscheduled Rental Equip 1 78554418 1 11/5/2012 11/5/2013 All Risk $175,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Blanket Additional Insured Endorsement applies to General Liability and Automobile Liability. Should any of the described policies be canceled or materially modified before the expiration date thereof, the issuing company will mail thirty (30) days prior written notice to the certificate holder named below, except that in event of cancellation for non - payment of premium, the notice shall then be (10) days unless a longer time is prescribed by Florida Statutes. CERTIFICATE HOLDER CANCELLATION (407)688-5021 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Sanford Purchasing Manager AUTHORIZED REPRESENTATIVE PO BOX 1788 Sanford, FL 32771 J. Michael Kelley /JMB ACORD 25 (2009/09) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 �2oosos) The ACORD name and LQUo are registered marks of ACORD SECLI -1 OP ID: JV ACOQQ CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 06/27/13 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 386- 672 -2827 CONTACT NAME: Ca ital Partners Insurance 29 S. Nova Road, Suite F 386- 672 -515 Ormond Beach, FL 32174 Mary P. McAree PHONE N Ext): lac, No): _ E -MAIL ADDRESS:._____- ___- ______ _ INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: FCC[ Commercial Insurance Co 33472 INSURED S.E. Cline Construction, Inc. INSURERB:Torus National Insurance Co 25496 18 Utility Drive Palm Coast, FL 32137 — - - - - - -- INSURER C_ MED EXP (Any one person) _ CLAIMS -MADE �^i OCCUR INSURER D: INSURER E : PERSONAL & ADV INJURY INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANFORD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM /DDIYYYY LIMBS GENERAL LIABILITY PO BOX 1788 may SANFORD, FL 32771 EACH OCCURRENCE $ �! COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES Ea occurrence -- $ MED EXP (Any one person) $ CLAIMS -MADE �^i OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ ~! POLICY 7� PRO- : LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO -- ALL OWNED SCHEDULED AUTOS AUTOS -- NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB X ;OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 B ? X ! EXCESS LIAB CLAIMS -MADE X 75364C121ALI 01/04/13 11/05/13 DED RETENTION $ Prod /Comp $ 5,000,00 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER /EXECUTIVE Y / N 001 WC13A67526 01/01/13 01/01/14 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A - - E.L. DISEASE - EA EMPLOYEE - - -- $ 1,000,00 If yes, describe under i DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 IT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is an additional insured in respect to excess liability, which is a follow form policy. Thirty day notice of cancellation, except 10 days for non- payment of premium. CERTIFICATE HOLDER CANCELLATION CITYSAN 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. BUILDING DEPARTMENT AUTHORIZED REPRESENTATIVE ATTN: PURCHASING MANAGER PO BOX 1788 may SANFORD, FL 32771 © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SECTION 00510 NOTICE OF AWARD FORM TO: NAME OF PROJECT: Public Dock Facility Ca)- Sanford Marina The OWNER has considered the BID submitted by you, dated for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $ You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , OWNER: (Name of OWNER) By (Signature) (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by this day of Printed Name and Title END OF SECTION Public Dock Facility NOTICE OF AWARD @ Sanford Marina 00510 -1 SPECLIB058303 SECTION 00530 NOTICE TO PROCEED FORM TO: DATE: PROJECT: Public Dock Facility (aD Sanford Marina You are hereby notified to commence WORK in accordance with the Agreement dated . This Notice authorizes the CONTRACTOR to commence construction, and, in accordance with the Agreement, all work shall be substantially complete within calendar days of the date of this Notice to Proceed. Therefore, the date of substantial completion is . The date of Final completion is ISSUED BY: City of Sanford (Name of OWNER) By (Signature) (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by this day of , By Printed Name and Title END OF SECTION Public Dock Facility NOTICE TO PROCEED FORM @ Sanford Marina 00530 -1 SPECLIB052803 SECTION 00617 CONSENT OF SURETY TO FINAL PAYMENT WE, the , having heretofore executed Performance and Payment Bonds for the Project known as , in the amount of $ hereby agree that the OWNER may make full payment of the final estimate, including the retained percentage, to said CONTRACTOR. The Surety concurs that full payment to the CONTRACTOR is appropriate and the Surety expressly releases the OWNER from all liability to Surety resulting from full payment to CONTRACTOR. It is fully understood that the granting of the right to the OWNER to make payment of the final estimate to said CONTRACTOR and /or his assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth in the specifications, contract and bond pertaining to the above project. ' = Dollar Value of Issued Performance and Payment Bonds IN WITNESS WHEREOF, the caused this instrument to be executed on its behalf by its and its duly authorized attorney in fact, and its corporate seal hereunto affixed, all on this day of , Surety Attorney -in -Fact (Power of Attorney must be attached if executed by Attorney in Fact) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this by day of has to be of (corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this day of (Signature) (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: END OF SECTION Public Dock Facility @ Sanford Marina 00617 -1 SPECLIB062705 SECTION 00625 APPLICATION FOR PAYMENT Project Name: Public Dock Facility @ Sanford Marina Bid No.: Contractor: Payment Request No.: Period Ending Date: STATEMENT OF WORK 1. Original Contract Price 2. Net Change Order 3. Current Contract Price 4. Total Completed and Stored to Date 5. Amount Retained 6. Total Earned Less Retaina a Line 4 Minus Line 5 7. Previous Payments Approved 8. Amount Due This Payment Line 6 Minus Line 7 9. Balance to Finish, Less Retaina a Line 3 Minus Line 4 CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of Work performed under the Agreement referred to above have been applied by the Contractor to discharge in full all obligations of the Contractor incurred in connection with Work covered by prior Application for Payment under said Agreement, being Applications for Payment numbered 1 through inclusive; and, (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances; (3) all previous progress payments have been applied by the Contractor to pay in full (less retainage) all amounts owed to its Subcontractors, Suppliers, Materialmen and Equipment Suppliers reflected (and listed) in prior Applications for Payments; and (4) all information provided on the Subcontractor and Supplier Listing which is included in this Application for Payment is true and correct. CONTRACTOR: (SEAL) By (Signature of Authorized Representative) Date Public Dock Facility @ Sanford Marina 00625 -1 SPECLIB040811 Printed Name and Title COUNTY OF STATE OF FLORIDA Before me on this day of , , appeared , who is personally known to me, or has produced as identification and who did (did not) take an oath who, being duly sworn did depose and say that he /she is the of the Contractor above - mentioned; that he /she executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: PAYMENT OF THE AMOUNT REQUESTED ABOVE IS RECOMMENDED FOR APPROVAL: z Date By Date SUBCONTRACTOR AND SUPPLIER LISTING The following is a list of Subcontractors, Suppliers, Materialmen and Equipment Suppliers who have performed Work or provided Materials, Supplies, or Equipment during time period represented by this Application and the dollar amount of the work applied for (add to the table as necessary to provide a complete list). NAME ADDRESS AMOUNT REQUIRED ATTACHMENTS Monthly Application For Payment: Final Application For Payment: 1. Updated Project Schedule 1. Contractor's Release of Lien (Final and Complete) 2. Contractor's Partial Release of Lien 2. All applicable SubcontractorNendor's Waivers of Lien (Final and Complete) 3. All applicable SubcontractorNendor's Waivers of 3. Consent of Surety to Final Payment Lien (Partial) 4. Completed Material and Workmanship Bond END OF SECTION Public Dock Facility @ Sanford Marina 00625 -2 SPECLIB040811 SECTION 00626 CERTIFICATE OF SUBSTANTIAL COMPLETION Project Title Public Dock Facility (a) Sanford Marina Bid No. Owner: City of Sanford Contractor: Agreement Date: This Certificate of Substantial Completion applies to all work under the Contract Documents or the following specified parts thereof if construction is phased by contract: ISSUED TO: Contractor: The work to which this Certificate applies has been inspected by authorized representatives of Contractor, Engineer, and Owner and that Work is hereby declared to be substantially completed in accordance with the Contract Documents on: Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of Contractor to complete and warrant all the Work in accordance with the Contact Documents. All items on the list shall be completed or corrected by Contractor within days of the above date of Substantial Completion. Public Dock Facility CERTIFICATE OF SUBSTANTIAL COMPLETION @ Sanford Marina 00626 -1 SPECLIB010704 This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligations to complete the Work in accordance with the Contract Documents. Executed by Engineer on Date Engineer: CPH Engineers, Inc. By: (Signature) (Printed Name and Title) Executed by Owner on Date Owner: By: (Signature) (Printed Name and Title) Contractor accepts this Certificate of Substantial Completion on Date Contractor: By: (Signature) (Printed Name and Title) END OF SECTION Public Dock Facility CERTIFICATE OF SUBSTANTIAL COMPLETION @ Sanford Marina 00626 -2 SPECLIB010704 SECTION 00627 CERTIFICATE OF FINAL COMPLETION Project Title: Public Dock Facility @ Sanford Marina Bid No.: Owner: City of Sanford Contractor: Agreement Date: This Certificate of Final Completion applies to all work under the Contract Documents or the following specified parts thereof if construction is phased by contract: ISSUED TO: Contractor: The work to which this Certificate applies has been inspected by authorized representatives of Contractor, Engineer, and Owner and that Work is hereby declared to be finally complete in accordance with the Contract Documents on: Date of Final Completion This Certificate constitutes an acceptance of Work except any and all latent defects, warranty work, maintenance, and other post Final Completion obligations of the Contractor under the Contract Documents. Executed by Engineer on Date Engineer: CPH Engineers, Inc. By: (Signature) (Printed Name and Title) Public Dock Facility CERTIFICATE OF FINAL COMPLETION @ Sanford Marina 00627 -1 SPECLIB010704 Contractor accepts this Certificate of Final Completion on Date Contractor: By: (Signature) (Printed Name and Title) Accepted by Owner on Date Owner: By: (Signature) (Printed Name and Title) END OF SECTION Public Dock Facility CERTIFICATE OF FINAL COMPLETION @ Sanford Marina 00627 -2 SPECLIB010704 SECTION 00640 CONTRACTOR'S PARTIAL RELEASE OF LIEN FORM KNOW ALL MEN BY THESE PRESENTS, that the undersigned, 1) , in consideration of the sum of 2) and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all liens, lien rights, claims or demands of every kind whatsoever which the undersigned now has, or may hereafter have, against that certain real estate and the improvements thereof, situated in the City of Sanford, Seminole County, State of Florida, and described as 3) Public Dock Facility (CD- Sanford Marina, , whose OWNER is City of Sanford, on account of work and labor performed, and /or materials furnished in, to, or about the construction of any building or buildings situated thereon, or in improving said property above described, or any part thereof. 1) CONTRACTOR 2) Amount of Work Completed through Previous Application for Payment 3) Name of Project identified in Instructions to Bidders It being the understanding of the undersigned that this is a Partial Waiver and Release of Lien which the undersigned has against the premises described herein, only to the extent of the payments specified and only for labor, services, or materials furnished or work done up until 4) . This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified. The undersigned warrants that no assignment of said liens or claims, nor the right to perfect a lien against said real estate, by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this Partial Waiver and Release, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of improvements upon the aforesaid premises, to the extent of the payment herein referred to, have been fully paid. 4) Date of Previous Application for Payment IN WITNESS WHEREOF, I /we have executed this instrument under seal this day of Authorized Representative (Signature) Printed Name and Title STATE OF COUNTY OF (SEAL) The foregoing instrument was acknowledged before me this day of of by (corporation), on behalf of the corporation, who is Public Dock Facility CONTRACTOR'S PARTIAL RELEASE OF LIEN FORM @ Sanford Marina 00640 -1 SPECLIB061311 personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this day of , (Signature) (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: END OF SECTION Public Dock Facility CONTRACTOR'S PARTIAL RELEASE OF LIEN FORM @ Sanford Marina 00640 -2 SPECLIB061311 SECTION 00645 CONTRACTOR'S RELEASE OF LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared who, being first duly sworn, deposes and says that he is of a company and /or corporation authorized to do business under the laws of the State of _ , and is the CONTRACTOR on the Project known as Public Dock Facility Cc)- Sanford Marina, located in City of Sanford. Seminole County, State of Florida under an Agreement with the OWNER, City of Sanford, the date of said Agreement which is Let it be known that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and /or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said contractor and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as contractor or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. Deponent further agrees that all guarantees under this contract shall and be in full force from the date of this release as spelled out in the Contract Documents. IN WITNESS WHEREOF, I /we have executed this instrument under seal this day of Authorized Representative (Signature) (SEAL) Printed Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of by of (corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Public Dock Facility CONTRACTOR'S RELEASE OF LIEN (FINAL AND COMPLETE) @ Sanford Marina 00645 -1 SPECLIB062205 Sworn to and subscribed to before me this day of (Signature) (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: END OF SECTION Public Dock Facility CONTRACTOR'S RELEASE OF LIEN (FINAL AND COMPLETE) @ Sanford Marina 00645 -2 SPECLIB062205 SECTION 00646 PARTIAL RELEASE OF LIEN FORM (SUBCONTRACTOR / SUPPLIER) KNOW ALL MEN BY THESE PRESENTS, that the undersigned, 1) , in consideration of the sum of $ and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all liens, lien rights, claims or demands of every kind whatsoever which the undersigned now has, or may hereafter have, against that certain real estate and the improvements on the Project known as 2) Public Dock Facililty, located in City of Sanford, Seminole County, State of Florida , whose OWNER is City of Sanford. The work performed / materials supplied for the Project was furnished to the CONTRACTOR, 1) Subcontractor/ Supplier 2) Name of Project identified in the Agreement between Owner and Contractor It being the understanding of the undersigned that this is a Partial Waiver and Release of Lien which the undersigned has against the premises described herein, for labor, services, or materials furnished or work done up until 3) This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified. The undersigned warrants that no assignment of said liens or claims, nor the right to perfect a lien against said real estate, by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this Partial Waiver and Release, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of improvements upon the aforesaid premises, to the extent of the payment herein referred to, have been fully paid. 3) Date of Previous Application for Payment IN WITNESS WHEREOF, I /we have executed this instrument under seal this day of Authorized Representative (Signature) (SEAL) Printed Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of M of (corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Public Dock Facility PARTIAL RELEASE OF LIEN FORM (SUBCONTRACTOR /SUPPLIER) @ Sanford Marina 00646 -1 SPECLIB1061311 Sworn to and subscribed to before me this day of (Signature) (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: END OF SECTION Public Dock Facility PARTIAL RELEASE OF LIEN FORM (SUBCONTRACTOR /SUPPLIER) @ Sanford Marina 00646 -2 SPECLIB1061311 SECTION 00647 SUBCONTRACTOR / SUPPLIER'S RELEASE OF LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared who, being first duly sworn, deposes and says that he is of , a company and /or corporation authorized to do business under the laws of the State of and is a subcontractor /supplier /vendor on the Project known as Public Dock Facility Ca) Sanford Marina, located in City of Sanford, Seminole County, State of Florida, whose OWNER is City of Sanford. The work performed / materials supplied for the Project was furnished to the CONTRACTOR, Said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and /or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said subcontractor / supplier and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as subcontractor / supplier or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. IN WITNESS WHEREOF, [/we have executed this instrument under seal this day of Authorized Representative (Signature) (SEAL) Printed Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of by of (corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Public Dock Facility SUBCONTRACTOR /SUPPLIER'S RELEASE OF LIEN (FINAL AND COMPELTE) @ Sanford Marina 00647 -1 SPECLIB101405 Sworn to and subscribed to before me this day of , (Signature) (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: END OF SECTION Public Dock Facility SUBCONTRACTOR /SUPPLIER'S RELEASE OF LIEN (FINAL AND COMPELTE) @ Sanford Marina 00647 -2 SPECLIB101405 SECTION 00940 PROJECT FIELD ORDER FORM Field Order No.: Name of Project: Public Dock Facility Ca) Sanford Marina Effective Date: Owner: City of Sanford Contractor: Description of Field Order: Reason for Field Order: This Field Order has been issued to clarify, interpret or to order minor changes to the Project which do not affect the Contract Price or Contract Time. CPH Engineers, Inc. Date Owner's Authorized Representative Date Contractor's Authorized Representative Date END OF SECTION Public Dock Facility PROJECT FIELD ORDER FORM @ Sanford Marina 00940 -1 SPECLIB010506 SECTION 00945 WORK DIRECTIVE CHANGE FORM Work Directive No.: Name of Project: Public Dock Facility @ Sanford Marina Agreement Date: Owner: City of Sanford Contractor: Description of Change: Reason for Change: Summary of Change in Contract Price: Summary of Change in Contract Time: Recommended By: CPH Engineers, Inc. Executed By: Owner's Authorized Representative Date Date Contractor's Authorized Representative Date END OF SECTION Public Dock Facility WORK DIRECTIVE CHANGE FORM @ Sanford Marina 00945 -1 SPECLIB041311 This Sheet Left Blank Intentionally Public Dock Facility WORK DIRECTIVE CHANGE FORM @ Sanford Marina 00945 -2 SPECLIB041311 Change Order No. Project Name: Bid No.: Owner: Contractor: Agreement Date: SECTION 00950 CHANGE ORDER FORM Public Dock Facility @ Sanford Marina City of Sanford This Change Order is necessary to cover changes in the work to be performed under this Agreement. The GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, and STANDARD SPECIFICATIONS apply to and govern all work under this Change Order. THE FOLLOWING CHANGES ARE MADE TO THE CONTRACT DOCUMENTS: (1) Original Contract Price $ (2) Current Contract Price (Adjusted by Previous Change Orders) $ (3) Total Proposed Change in Contract Price $ (4) New Contract Price (Item 2 + Item 3) $ (5) Original Contract Time Days (6) Current Contract Time (Adjusted by Previous Change Orders) Days (7) Total Proposed Change in Contract Time Days (8) New Contract Time (Item 6 + Item 7) Days (9) New Contract Substantial Completion Date Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -1 SPECLIB040811 CHANGES ORDERED ITEM 1 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days ITEM 2 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days ITEM 3 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -2 SPECLIB040811 ITEM 4 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days ITEM 5 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days ITEM 6 Description of Change: Reason for Change: Change in Contract Price: $ Change in Contract Time: Days Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -3 SPECLIB040811 CHANGE ORDER SUMMARY No. Description Change in Contract Price Change in Contract Time TOTAL $ Days WAIVER This Change Order constitutes full and mutual accord and satisfaction for the adjustment of the Contract Price and Contract Time as a result of increases or decreases in cost and time of performance caused directly and indirectly from the change. Acceptance of this Waiver constitutes an agreement between OWNER and CONTRACTOR that the Change Order represents an equitable adjustment to the Agreement and that CONTRACTOR shall waive all rights to file a Contract Claim or claim of any nature on this Change Order. Execution of this Change Order shall constitute CONTRACTOR's complete acceptance and satisfaction that it is entitled to no more costs or time (direct, indirect, impact, etc.) pursuant to this Change Order. Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -4 SPECLIB040811 APPROVAL AND CHANGE ORDER AUTHORIZATION ACKNOWLEDGMENTS The aforementioned change, and work affected thereby, is subject to all provisions of the original Agreement and specifically changed by this Change Order; and It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original Agreement other than matters expressly provided herein. WITNESS to CONTRACTOR: Date ATTEST: (Signature) Date (Seal) Contractor Printed Name and Title of Officer By (Signature) Date (Corporate Seal) Owner Printed Name and Title By (Signature) Date END OF SECTION Public Dock Facility CHANGE ORDER FORM @ Sanford Marina 00950 -5 SPECLIB040811 SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the (1) Sanford dock Facility No. IFB 12/13 -1/8 , is hereby made to 2 City of Sanford, hereafter called the Owner. This Bid is submitted by (3) S.E. Cline Construction,Znc. 18 Utility Drive Palm Coast, FL 32137 (386) 446 -6426 (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 05/07/2013 Number 2 Dated 05/28/2013 Number 3,4,5 Dated 05/29/2013 Number 6 Dated 06/05/2013 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. 2. 3. 4. Sanford Doc Facility SPECLIB110712 To hold this Bid open for 90 calendar days after the bid opening date. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 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. To accomplish the work in accordance with the Contract Documents. 00410 -1 BID FORM 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 120 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 Lump Sum Price The undersigned will construct this project for the Base Bid Lump Sum Price of $_ Three Hundred Forty -nine Thousand Three Hundred Dollars ($ 349.325.00 ) Twenty -five & 00/100 1.04 Schedule of Values The Bidder hereby indicates the following total units and total prices which represent all materials, labor, equipment, transportation, performance of all operations relative to construction of the project, overhead, and costs of all kinds and profit to complete the work items in accordance with the Project Manual, plans, and permits. Work for which there is not a listed item below shall be considered incidental to the Contract and no additional compensation will be allowed. Item Number Unit Unit Cost Total Price GENERAL- Onsite Mobilization 1 LS $ 51,353.75 $ 51,353.75 MOT 1 LS $ 625.00 $ 625.00 Video 1 LS $ 1,212.50 $ 1,212.50 Project Sin 1 LS $ 2,752.50 $ 2,752.50 Erosion and Turbidity control 1 LS $ 6,000.00 $ 6,000.00 Fixed Conrete Pier 1 LS $ 25,822.50 $ 25,822.50 Concrete Floating Docks 1 LS $216,263.75 $216,263.75 Concrete Piles 1 LS $ 26,100.00 $ 26,100.00 Aluminum Gangway 1 LS $ 13,690.00 $ 13,690.00 Manatee Si na e 1 LS $ 2,752.50 $ 2,752.50 Kiosk Sign 1 LS $ 2,752.50 $ 2,752.50 Sub Total $349,325.00 Total $349,325.00 1.05 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: Sanford Doc Facility 00410 -2 SPECLIB110712 BID FORM 1. Bid Security complying with the requirements of the Bidding Documents. 2. Florida Trench Safety Act Statement - Section 00430 3. Non Collusion Affidavit - Section 00432 4. Conflict of Interest Affidavit - Section 00434 5. Public Entities Crime Affidavit - Section 00436 6. Compliance With the Public Records Law Affidavit - Section 00438 7. Bidder Qualification Affidavit - Section 00440 8. Receipt of Exempt Public Records and Agreement to Safeguard - Section 00442 1.06 RESPECTFULLY SUBMITTED, signed and sealed this 12th day of June 2013 S.E. Cline Construction, Inc., Florida Corporation Contractor 06/12/2013 By (Signature) Date C.M. Cameron, Jr., Sr. V.P. Printed Name and Title 18 Utility Drive Business Address Palm Coast FL 32137 City State Zip Code (386) 446 -6426 (888) 465 -3598 Telephone No. Facsimile No. marine@clineconstruction.net E -Mail Address A (TEST: 06/12/2013 By ignature) Date Cyriacus Alcindor, Corp. Secretar Printed Name and Title END OF SECTION Sanford Doc Facility 00410 -3 SPECLIB110712 BID FORM Address or Deliver To: William Smith, Purchasing Manager City of Sanford P.O. Box 1788 (300 N. Park Avenue, Room 236) Sanford, FL 32772 In the Lower Left Corner of the Envelope, Provide the Following: BID Number: IFB 12/13 -18 Sanford Dock Facility Open Date: April 10, 2013 Open Time: 2:00 p.m. The remainder of this page is blank Sanford Doc Facility 00410 -4 SPECLIB110712 BID FORM S.E. Cline Construction, Inc. CLINE P.O. Box 35442 Me M4" 18 Utility Drive Palm Coast, Florida 32135 CORPORATE RESOLUTION RESOLVED FIRST That the President Scott D. Sowers or any Vice President(s) Charles M. Cameron, Jr. and Daniel Paton be and they hereby are, authorized and empowered, for and on behalf of this Corporation (S.E. Cline Construction, Inc.) to sign for any Corporation accounts, legal documents, purchases and any other business transaction requiring authorized signatures. I QTjacus Alcindor, being the Corporate Secretary/Treasurer of S.E. Cline Construction, Inc. hereby certify that the annexed resolutions were duly adopted at a meeting of the Board of Directors of said Corporation, duly held on the I"' day of January year 2012 at which a quorum of said Board of Directors was present and acting throughout and that no action has been taken to rescind or amend said resolutions and that the same are now in full force and effect. I further certify that each of the following is legally holding the office set opposite his or her name: 'resident Vice President 'ice President ecretary/ Treasurer [ further certify that the said Corporation is duly organized and exiting and has the power to take the action galled for by the resolutions annexed hereto. N WITNESS WHEREOF, I have hereunto affixed my;harid -this IS' day of Januar year 2012. 0-'—,�Csccretary (S. ta•I PHONE: 386 - 446 -6426 -2 Executed in 1 Counterpart SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) S E Cline Construction, Inc. as Principal, and (2) Fidelity and Deposit Company of Maryland as Surety, are hereby and firmly bound unto (3) _qi y of Sanford, as Owner, in the penal sum of (4) Five Percent of amount Bid __________ _____________ Dollars ($---- 5 % - - -- ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) City of Sanford a certain Bid for (5) Public Dock Facility an Sanford Marina, attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) Owner 4) Amount of Bond as Requbed in the Instructions to Bidders 5) Name of pmfect as Shown in Invrtation 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 shaft furnish a bond for his faithful performance of said contract, and for the payment of performing labor or furnishing materials in connection therewith, and shall in all persons 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. Public Dock Facility @ Sanford Marina 00420 -1 BID BOND FORM SPECU B030106SPECLOON2800 SECTION 00430 TRENCH SAFETY FORM Bidder acknowledges that included in the various items of the proposal contained on the Bid Form are costs for complying with the Florida Trench Safety Act (FS 553.60- 553.64). The Bidder further identifies the cost of compliance with the applicable trench safety standards for the project as follows (Bidder to attach additional sheets as necessary to identify all costs): The total cost shown herein is already included in the various items on the Bid Form and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Submitted, signed and sealed this 12th day of June 2013 S.E. Cline Construction, Inc. Bidder 'OK Signature C.M. Cameron, Jr., Sr. V.P. Printed Name and Title mn�— de=� 06/12/2013 Sign q e Date END OF SECTION , i Public Dock Facility TRENCH SAFETY FORM @ Sanford Marina 00430 -1 SPECLIB052803 Trench Safety Measure (Description) Units of Measure LF, SF, SY Unit Quantity Unit Cost Extended Cost A Training LS 1 $500.00 $500.00 B C D E F TOTAL $500.00 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 12th day of June 2013 S.E. Cline Construction, Inc. Bidder 'OK Signature C.M. Cameron, Jr., Sr. V.P. Printed Name and Title mn�— de=� 06/12/2013 Sign q e Date END OF SECTION , i Public Dock Facility TRENCH SAFETY FORM @ Sanford Marina 00430 -1 SPECLIB052803 This Sheet Left Blank Intentionally Public Dock Facility TRENCH SAFETY FORM @ Sanford Marina 00430 -2 SPECLIS052803 Project Name: Solicitation No.: Sanford Dock Facility @ Sanford Marina IFB 12/13 -18 SECTION 00432 -1 NON COLLUSION AFFIDAVIT The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this 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. S.E. Cline Construction, Inc. Bidder Signature of Authorized ntative (Affiant) C.M.Cameron, Jr., Sr. V.P. 06/12/2013 Date Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Volusia STATE OF FLORIDA Project Name Solicitation No.: Sanford Dock Facility @ Sanford Marina IFB 12/13 -18 On this 12th day of June , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared C. M. Cameron, Jr . whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is sona y no o me or has produced as L.UANNEWATERS * * MY COMMISSION A DO 973103 EXPIRES: July 10, 2014 ° �1�.,� P OF FId9 Banded Tlua Budget "�R"J SeNICRS SEAL W (Notary Public in and for the County and State Aforementioned) My commission expires: 1 U 0?0 END OF SECTION SECTION 00432 -2 Project Name Solicitation No.: Sanford Dock Facility @ Sanford Marina IFB 12/13 -18 SECTION 00434 -1 CONFLICT OF INTEREST AFFIDAVIT The Affiant identified below deposes and states that: 1. The below named Bidder is submitting an Expression of Interest for the 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 Afflant 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. 1 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. 1 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. Project Name: Sanford Dock Facility a Sanford Marina Solicitation No.: IFB 12/13 -18 S.E. Cline Construction, Inc. Bidder 06/12/2013 Signature of Authorized Representa ' e (Affiant) Date C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Flagler STATE OF FLORIDA On this 12th day of June , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared C . M. Cameron, Jr. whose name(s) is /are subscribed to the within instrument, and &she /they acknowledge that ( 'she/they executed it. WITNESS my hand and official seal. (EVShe is rsonally no to me or has produced as iden i ica ion. l7 ,ZO�P0.Y •ueL� WANNE WATERS * * MY COMMISSION # DD 973103 EXPIRES: July 10, 2014 �,�rE'OF FLO�\�e Bonded TW Budget Notary Services SEAL (Notary Public in and for the County and State Aforementioned) My commission expires: 0 r` END OF SECTION 00434 -2 Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00436 -1 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT The Affiant identified below attests to the following: 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. 1 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. 1 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. 1 understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 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. S.E. Cline Construction Inc. 59- 3370544 Bidder p FEIN No. 06/12/2013 Signature of Authorized Represent ve (Affiant) Date C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Flagler STATE OF FLORIDA On this 12th day of June 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared C.M. Cameron Jr. whose name(s)1 qare subscribed to the within instrument, and she /they acknowledge that h�e she /they executed it. WITNESS my hand and official seal. She is personally know oAne or has produced as (Notary Public in and for the County and State Aforemen 'oned) SEA�{1ANNEWATERS My commission expires: * * MY COMMISSION # DD 913103 EXPIRES: July 10, 2014 00436 -2 j�� °F F`0O! Banded Tlw Budget Nolarp Services END OF SECTION Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 SECTION 00438 -1 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. S.E. Cline Construction, Inc. Bidder Signature of Authorized ReprQee ntative (Affiant) C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Flagler STATE OF FLORIDA Date On this 12th day of June , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared C.M. Cameron , Jr. whose name(s) Aare subscribed to the within instrument, and (&she /they acknowled a that he she /they executed it. WITNESS my hand and official seal. ®YShe is ersonally know o me or has produced as identi ica ion. LUANNE WATERS * * MY COMMISSION ADO973103 (Notary Public in and for the County and State Aforementioned) EXPIRES: July 10, 2014 '^ NA9�OF F5e Bow Tivu Budge) serwo6{ U SEAL My commission expires: END OF SECTION Project Name: Solicitation No.: Sanford Dock Facility Sanford Marina IFB 12/13 -18 SECTION 00440 -1 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of business. S.E. Cline Construction, Inc. Name of Bidder , I -I I J ti.. n.,.:.. n,,.., 0—. +- PT. -171 77 ( 'A RF) 44F, -F426 marine @clineconstruction.net Address of Bidder Phone No. of Bidder Bidder E -Mail Address Bidder's Contractor's License No(s). CGC061970, CGC061947, CUC1224762 (As issued by the Florida Dept. Of Business and Professional Regulation Construction Industry Licensing Board) The Bidder is (check one of the following): ( ) An Individual ( ) A Partnership ()� A Corporation Principal Office Address: 18 Utility Drive, Palm Coast, FL 32137 1. If Bidder is a corporation, answer the following: Date of Incorporation: March 18, 1996 State of Incorporation: Florida President's Name: Scott D. sowers Vice President's Name: C.M. Cameron, Jr. / Dan Paton 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: Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: _Yes X N/A 5. How many years has the Bidder been in business as a Contractor under its present name? 17 Years 6. Under what other former names has the Bidder operated? None 7. How many years experience in construction work has the Bidder had as a Prime Contractor? 40+ 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 Name and Phone No. Construction Contract Amount Major Construction Items See Attached last 5 years. Marine Type Projects Com leted by S.E. Cline in 9. Has the Bidder ever failed to complete any work awarded to it? If so, state when, where and why (attach additional sheets as necessary). No 00440 -2 Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 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? $15, 000, 0 0 0 . 00 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? $3,000,000.00 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: Florida Surety Bonds, Inc. Don Bramlage P.O. Box 1590 Daytona Beach, FL 32115 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). No 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. S.E. Cline Construction, Inc. Name of Bidder Signature of Authorized ✓e (Affiant) 00440 -3 06/12/2013 Date Project Name: Sanford Dock Facility @ Sanford Marina Solicitation No.: IFB 12/13 -18 C.M. Cameron, Jr., Sr. V.P. Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Flagler STATE OF FLORIDA On this 12th day of June , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared c. m. Cameron, Jr. whose name(s) dare subscribed to the within instrument, and a she /they acknowledge that�she /they executed it. WITNESS my hand and official seal /She is rsona no o me or has produced as identification. , n zot�q Y :, °eon WANNE WATERS * * MY COMMISSION i DD 973103 EXPIRES: July 10, 2014 Bonded Ttw Budget Notary Services SEAL (Notary Public in and for the County and State Aforementioned) My commission expires: END OF SECTION 00440 -4 O O N O O C b O O b O � ° O N O O 00 O O o0 C •O OG a N H r N n M — Q w w w w w w w w u O. - U u O> ... 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Cline Construction, Inc. MARINE ENGINEERS & CONSTRUCTORS / SITE DEVELOPMENT CLINIE P.O. Box 354425, Palm Coast, FL 32135 18 Utility Drive, Palm Coast, FL 32137 coc u�4so June 12, 2013 City of Sanford Public Dock Facility @ Sanford Marina RE: Section 00442 Please see the following 10 pages (including this page) section 00442 was requested three times for com- pliance with bid package. May 22, 2013: Request #1 submitted May 29, 2013: Addendum 3 stating all RFI questions not receiving a response to date must be resubmit- ted. May 29, 2013: Request #2 submitted June 10, 2013: Request #3 submitted June 10, 2013: Response that RFI cutoff was the previous week and questions could not be answered, not to worry about the form at this time. PHONE: 386- 446 -6426 FAX: 888 - 465 -3598 MARINE @CLINECONSTRUCTION.NET WWW.CLINECONSTRUCTION.NET Marine Administration From: Sent: To: Subject: Attachments: Marine Administration [marine @clineconstruction.net] Wednesday, May 22, 2013 1:16 PM 'bill.smith @sanfordfl.gov' Request for Information Request for Information.doc S.E. Cline Construction, Inc. IN 11forine Engineers and Constructors P. O. Box 354425 ♦ Pshn Cem%t, FL 32135 # Phone.- M-ddb 6426 ♦ Fax: an- 465.3598 ♦ CGC 057450 Mr. Smith, Please review the attached document. Best regards, Luanne Waters Assistant to: V.P. & Dir. Marine Ops Cell: (386) 931 -0016 www.clineconstruction.net SYMBIOSIS BETWEEN THE LAND AND HUMANKIND "Symbiotic relationships mean creative partnerships. The earth is to be seen neither as an ecosystem to be preserved unchanged nor as a quarry to be exploited for selfish and short-range economic reason, but as a garden to be cultivated for the development of its own potentialities of the human adventure. The goal of this relationship is not the maintennance of the status quo, but the emergence of new phenomena and new values." Rene Dubos(1901 -1982) Bacteriologist, Pulitzer Prize Recipient, Rockefeller University SECTION 00930 REQUEST FOR INFORMATION RFI No.: SE Cline #2 Date Submitted: May 22, 2013 Name of Project: Public Dock Facility @ Sanford Marina -email to bill.smith sanfor _ aov Owner: City of Sanford Contractor: RFI From: S.E. Cline Construction, Inc.: Luanne Waters Description of Request: Section 200 -5 1.15 item B. Bidder shall submit item i. Receipt of Exempt Public Records and Agreement to Safeguard — Section 00442. Section 00442 is not included in bid package, please supply form. Response to Request: Response Prepared by: Date of Response: Please submit RFI's on this form and email same as an attachment to: bill.smith @sanfordfl.gov *note: There will be no response to RFI's submitted 7 days or less from opening date. IFB 12/13 -18 Public Dock Facility REQUEST FOR INFORMATION @ Sanford Marina 00930 -1 SPECLIB040811 City of Sanford Florida - Purchasing Division ' 300 N. Park Avenue (P.O. Box 1788) Sanford, Florida 32701 Phone: 407.688.5028 FAX: 407.688.5021 email: bill.smith @sanfordfl.gov Solicitation Number: IFB 12/13 -18 Title: Public Doc Facility Opening Date June` 3 2013 at 2:00 p.m. See new date below. Location of Opening: City Hall, 300 N. Park Ave., Room 117 Pre -Bid Conference: Mandatory: At public dock facility Sanford Marina May 15, 2013 at 2:00 p.m. ADDENDUM 3 Date Issued: May 29, 2013 Bid opening date Extended to June 12, 2013 at 2:00 pm All RFI questions not receiving a response to date, must be resubmitted. Note: new RFI cut-off is June 3, 2013 at 12:00 noon. Respectfully, F. William Smith, Purchasing Manager Marine Administration From: Sent: To: Subject: Attachments Marine Administration [marine @clineconstruction.net] Wednesday, May 29, 2013 2:29 PM 'bill.smith @sanfordfl.gov' FW: Request for Information Request for Information.doc S.E. Cline Construction, Inc, CL1141 \. co W04 Morino Engineers and Constructors P O. Box 354425 ♦ Palm Coast FL 33135 ♦ Phone: 386 - 446.66426 ♦ Fax: 8884 650-3598 ! CGC 057450 Mr. Smith, Please review the attached document. Best regards, Luanne Waters Assistant to: V.P. & Dir. Marine Cps Cell: (386) 931 -0016 www.clineconstruction.net SYMBIOSIS BETWEEN THE LAND AND HUMANKIND "Symbiotic relationships mean creative partnerships. The earth is to be seen neither as an ecosystem to be preserved unchanged nor as a quarry to be exploited for selfish and short-range economic reason, but as a garden to be cultivated for the development of its own potentialities of the human adventure. The goal of this relationship is not the maintennance of the status quo, but the emergence of new phenomena and new values." Rene Dubos (1901 -1982) Bacteriologist, Pulitzer Prize Recipient, Rockefeller University SECTION 00930 REQUEST FOR INFORMATION RFI No.: SE Cline #2 Date Submitted: May 22, 2013 Name of Project: Public Dock Facility @ Sanford Marina -email to bill. smith(cDsanfordfl.gov Owner: City of Sanford Contractor: RFI From: S.E. Cline Construction, Inc.: Luanne Waters Description of Request: Section 200 -5 1.15 item B. Bidder shall submit item i. Receipt of Exempt Public Records and Agreement to Safeguard — Section 00442. Section 00442 is not included in bid package, please supply form. Response to Request: Response Prepared by: Date of Response: Please submit RFI's on this form and email same as an attachment to: bill.smith @sanfordfl.gov *note: There will be no response to RFI's submitted 7 days or less from opening date. IFB 12/13 -18 Public Dock Facility REQUEST FOR INFORMATION @ Sanford Marina 00930 -1 SPECLIB040811 Marine Administration From: Marine Administration [marine @clineconstruction.net] Sent: Monday, June 10, 2013 11:52 AM To: 'marisol.ordonez @sanfordfl.gov' Subject: FW: Request for Information Attachments: Request for Information.doc From: Marine Administration [mailto: marine(aclineconstruction. net] Sent: Wednesday, May 29, 2013 2:29 PM To: 'bill.smith @sanfordfl.gov' Subject: FW: Request for Information S.E. Cline Construction, l nc. IN New"* 4gartric Engineers and Constructors P. ©. Box 3:44425 ♦ pahn Coast, FL. 32135 t Phone: 386.446.6426 ♦ Fax: 88846:4-3548 ! CGC 05574Sp Mr. Smith, Please review the attached document. Best regards, Luanne Waters Assistant to: V.P. & Dir. Marine Ops Cell: (386) 931 -0016 www.clineconstruction.net SYMBIOSIS BETWEEN THE LAND AND HUMANKIND "Symbiotic relationships mean creative partnerships. The earth is to be seen neither as an ecosystem to be preserved unchanged nor as a quarry to be exploited for selfish and short -range economic reason, but as a garden to be cultivated for the development of its own potentialities of the human adventure. The goal of this relationship is not the maintennance of the status quo, but the emergence of new phenomena and new values." Rene Dubos (1901 -1982) Bacteriologist, Pulitzer Prize Recipient, Rockefeller University I RFI No.: Date Submitted: Name of Project: Owner: Contractor: RFI From: SECTION 00930 REQUEST FOR INFORMATION SE Cline #2 Mav 22, 2013 Public Dock Facility @ Sanford Marina -email to bill.smith sanfordfLaov of Sanford S.E. Cline Construction, Inc.: Luanne Waters Description of Request: Section 200 -5 1.15 item B. Bidder shall submit item i. Receipt of Exempt Public Records and Agreement to Safeguard — Section 00442. Section 00442 is not included in bid package, please supply form. Response to Request: Response Prepared by: Date of Response: Please submit RFI's on this form and email same as an attachment to: bill.smith @sanfordfl.gov 'note: There will be no response to RFI's submitted 7 days or less from opening date. IFB 12/13 -18 Public Dock Facility REQUEST FOR INFORMATION @ Sanford Marina 00930 -1 SPECLIB040811 Marine Administration From: Ordonez, Marisol [MARISOL.ORDONEZ @Sanfordfl.gov] Sent: Monday, June 10, 2013 3:42 PM To: Marine Administration Subject: RE: Request for Information Unfortunately, the bid opening is this week and the cut off time for RFI was a week ago. I cannot answer this this question just provide documents according to the bid that's online. Do not worry about this form at this point. Thank you! Marisol Ordonez Purchasing Technician Finance Dept., Purchasing Div Ste 236 Tel 407.688.5030 Fax 407.688.5021 Main no. 407.688.5000 } Email marisol.ordonez @sanfordfl.QOv For further information please visit our website at www.sonfordfl.gov Bids are posted www.mvvendorlink.com Please also note; Purchasing Division is no longer using www.demandstar.com bids are only posted on www.mvvendorlink.com Please note: City Hall new hours have changed from 7:30 am ti* 5:30 pm Monday thru Thursday, Fridays our offices are close and observed Holidays. ' • r 'Energy flows where attention goes, give your attention to peace. "Dream as if you have forever. "Live as if you only have today." Live Simply - Love Generously - Care Deeply - Speak Kindly. Writer unknown! From: Marine Administration [ma i Ito: marine clineconstruction.net] Sent: Monday, June 10, 2013 11:52 AM To: Ordonez, Marisol Subject: FW: Request for Information From: Marine Administration [ma i Ito: marine clineconstruction.net) Sent: Wednesday, May 29, 2013 2:29 PM To: 'bill.smith @sanfordfl.gov' Subject: FW: Request for Information S.E. Cline Construction, Inc. OLIN �1_1 Newm markie Engineers and Constructors P. 0. Box 354425 # Palm Const, PL 32135 ♦ Phone 3$6446-6426 ♦ Fax: AN-465-3598 ♦ CCC 057441) Mr. Smith, Please review the attached document. Best regards, Luanne Waters Assistant to: V.P. & Dir. Marine Ops Cell: (386) 931 -0016 www.clineconstruction.net SYMBIOSIS BETWEEN THE LAND AND HUMANKIND "Symbiotic relationships mean creative partnerships. The earth is to be seen neither as an ecosystem to be preserved unchanged nor as a quarry to be exploited for selfish and short-range economic reason, but as a garden to be cultivated for the development of its own potentialities of the human adventure. The goal of this relationship is not the maintennance of the status quo, but the emergence of new phenomena and new values." Rene Dubos(1901 -1982) Bacteriologist, Pulitzer Prize Recipient, Rockefeller University PLEASE NOTE: Florida has a very broad public records law. Any written communication to or from City officials regarding City business is a public record available to the public and media upon request. Your e -mail communications may be subject to public disclosures. PURCHASING DEPARTMENT -J�vq Wednesday, July 24, 2013 TRANSMITTAL, MEMORANDUM -',1s� 13 To: City Clerk RE: S.E. Cline Construction, Inc IFB 12/13 -18 Public Day Dock @ Sanford Marina Bonds The item(s) noted below is /are attached and forwarded to your office for the following action(s): i Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ❑ Return originals to Purchasing ❑ Return copies El Special Instructions: M o- 4-4o4b O rdo-� fl6A�- From TADept_forms \City Clerk Transmittal Memo - 2009.doc ❑ Mayor's signature ® Recording Safe keeping (Vau ❑ Payment Bond ❑ City Manager Signature ❑ City Clem Attest /Signature JUL 24 2013 Am10:194 Date CL CL QFLORIDA SURETY BONDS, INC. June 26, 2013 City of Sanford 300 N. Park Avenue Sanford, FL 32771 Re: Authority to Date Bonds and Powers of Attorney Principal: S. E. Cline Construction, Inc. Bond No.: 09077368 620 N. Wymore Road, Suite 200 Maitland, FL 32751 407 - 786 -7770 Fax 407 -786 -7766 1326 S. Ridgewood Avenue, Suite #15 Daytona Beach, FL 32114 386- 898 -0507 Fax 386- 898 -0510 888 - 786 -BOND (2663) Fax 888 - 718 -BOND (2663) www.FloridaSuretyBonds.com Project: IFB 12/13 -18, Public Dock Facility @ Sanford Marina, Along the shoreline of Veterans Memorial Park Peninsula on Lake Monroe in the City of Sanford, FL Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please fax a, copy of the bonds to our office. Sincerely, F;delity and Deposit Company of Maryland .� ';� Patricia L. Slaughter Attorney -in -Fact and Florida Licensed Resident Agent Public Work F.S. Chapter 255.05 (1)(a) Cover Page Executed in 2 Counterparts THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. CONTRACTOR NAME: S. E. Cline Construction, Inc. CONTRACTOR ADDRESS: 18 Utilitv Drive Palm Coast, FL 32137 CONTRACTOR PHONE NO: (386) 446 -6426 SURETY COMPANY: Fidelity and Deposit Company of Maryland 1400 American Lane Tower I 19th Flr Schaumburg, IL 60196 (847) 605 -6000 OWNER NAME: City of Sanford OWNER ADDRESS: 300 N. Park Avenue Sanford FL 32771 OWNER PHONE NO.: (407) 688 -5028 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $349,325.00 CONTRACT NO.: (If applicable) IFB 12/13 -18 DESCRIPTION OF WORK: Public Dock Facility @ Sanford Marina PROJECT LOCATION: Along the shoreline of Veterans Memorial Park Peninsula on Lake Monroe in the City of Sanford, FL LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. e �s- u�i i� r.-:i ra tr: e:n 3..h. \1..3 47! a:; sa CCU p,» cr, Lt tE W ._..1 r -, M al �x t GY' Gti5 uj u L11 rT., W_ LID to .:f; _r Lit T L11 L:! 'rHE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. Bond No. 09077368 Executed in 2 Counterparts SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that S. E. Cline Construction, Inc. (Name of CONTRACTOR) 18 Utility Drive, Palm Coast, FL 32137 (386) 446 -6426 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR, and Fidelity and Deposit Company of Maryland (Name of SURETY) 1400 American Lane,Tower 09th Fir, Schaumburg, IL 60196 (847) 605 -6000 (Address of SURETY) (Phone No. of SURETY) hereinafter called SURETY, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Three Hundred Forty -Nine Thousand Three Hundred Twenty -Five and 00/100- - DOLLARS {$349,325.00------------ - - - - -- ) in lawful money of the United States, for the 'b payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY, bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. G THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating therea�t,q�a nd as the Agreement may �be� amended from time -to -time) with the OWNER, dated the�day of c Q,' 1VAA, 69 i3 a copy of which may be hereto attached, but, in p. any event, is (nainta ed in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: Public Dock Facility Ca) Sanford Marina IFB 12/13 -18 (Name of Project) (Contract No.) eD N The Project is briefly described as: Construction of a Public Dock Facility per the requirements of the plans and permits. Public Dock Facility PERFORMANCE BOND @ Sanford Marina 00605 -1 SPECUB091509 The Project is located (address or general location as shown below): Along the shoreline of Veterans Memorial Park Peninsula on Lake Monroe in the City of Sanford. This Bond is being entered into to, at a minimum, satisfy the requirements of Section 255.05, Florida Statutes, and to satisfy the terms and conditions the Agreement. The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR: 1. Promptly and faithfully performs all of its duties and responsibilities as well as all of the covenants, terms, conditions, and agreements of said Agreement in its totality, in the time and manner prescribed in the Agreement to the satisfaction of the OWNER, and 2. Pays OWNER all such sums as will be sufficient to satisfy all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees (including, but not limited to, costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by CONTRACTOR under the Agreement), and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this Bond is able to be voided upon demand of the SURETY; otherwise it shall remain in full force and effect. The coverage of this Bond is co -equal with each and every obligation of the CONTRACTOR under the Agreement. In the event that the CONTRACTOR fails to perform any of the terms, covenants or conditions of the Agreement before this Bond is released by the OWNER, the SURETY shall remain liable to the OWNER for all such loss or damage. The SURETY shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expenses enumerated herein with respect to the CONTRACTOR, resulting directly or indirectly from the SURETY's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Bond. The SURETY stipulates and agrees that its obligation under this Bond is to perform the CONTRACTOR's work under the Agreement. The following shall not be considered performance under any circumstance or in any context: (i) SURETY's financing of the CONTRACTOR under the Bond to keep CONTRACTOR from defaulting under the Agreement, or (ii) SURETY's offers to OWNER to buy back the Bond. SURETY's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the SURETY. The SURETY agrees that its obligation under the Bond is to: (i) fully take over Public Dock Facility PERFORMANCE BOND @ Sanford Marina 00605 -2 SPECUOMM9 performance of the CONTRACTOR's work under the Agreement in a plenary manner and be the completing surety even if performance of the CONTRACTOR's work exceeds the CONTRACTOR's contract price under the Agreement, or (ii) re -bid and re -let the CONTRACTOR's work to a completing contractor with SURETY remaining liable for the completing contractor's performance of the CONTRACTOR's work and furnishing adequate and full funds to complete the work in the required plenary manner. The SURETY acknowledges that its cost of completion upon default by the CONTRACTOR may exceed the contract price set forth in the Agreement. In any event, the CONTRACTOR I's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. This Bond is intended to comply, at a minimum, with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute; provided, however, that the OWNER shall be entitled to all such common law rights notwithstanding the language used herein. The SURETY agrees that this Bond shall be construed as a common law bond when such construction will benefit the OWNER. The undersigned signatories represent to the OWNER that they are authorized, permitted and empowered to execute this document and bind the entity or person for which they are executing this document and recognize that the OWNER is relying, to its detriment, upon the signature set forth below and the representations, promises, covenants, guarantees and assurances made herein. Public Dock Facility PERFORMANCE BOND @ Sanford Marina 00805 -3 SPECU MW IN WITNESS WHEREOF, this instrument is executed this the day of _ S. E. Cline Construction, Inc. ATTES;1Q CONTRMTOR Attesting Authority r;cx,C,US A 1 C ,nAoy' <, ed'Name y,: ern ORATE SEAL) 00'9ess to CONTRACTOR) I.- �.�►ne j�lc�i�x� Typed Name ATTEST: ;A a (S i t= Y) Secretary Susan L. Reich Typed Name (CORPORATE SEAL) Witness as to SURETY Lisa Roseland Ty d Name 7 fitness as to SURETY Donna Keefer Typed Name C T R Signatory Aut ri r CONTRACTOR Signatory Authority C- M . Co- rn eron fir.. V • -'. Typed Name and Title 18 Utility Drive Address Palm Coast, FL 32137 City, State, Zip (386) 446 -6426 (386) 446 -6481 Telephone No. Facsimile No. SURETY Fidelity and Deposit Company of Maryland SURETY (847) 605 -6000 (410) 261 -7955 Telephone No. Facsimile Nr `a u p j; t By.; ,� d Attorney -in -Fact & FL Licen d"R;d nt *Patricia L. Slaughter Typed Name *620 N. Wymore Rd., #200 Address Maitland, FL 32751 City, State, Zip (407) 786 -7770 (407) 786 -7766 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 the Bond. The SURETY's obligations run as to all such parties. Public Dock Facility PERFORMANCE BOND @ Sanford Marina 00605 -4 SPECUBMIWO 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 Bond on behalf of SURETY. END OF SECTION Public Dock Facility PERFORMANCE BOND @ Sanford Marina 00605 -5 SPECUBMI509 THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. Bond No. 09077368 Executed in 2 Counterparts SECTION 00610 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that S. E. Cline Construction, Inc. (Name of CONTRACTOR) 18 Utility Drive, Palm Coast, FL 32137 (386) 446 -6426 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR ,and Fidelity and Deposit Company of Maryland (Name of SURETY) 1400 American Lane,Tower 1,19th Flr, Schaumburg, IL 60196 (847) 605 -6000 (Address of SURETY) (Phone No. of SURETY) hereinafter called Surety, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Three Hundred Forty -Nine Thousand Three Hundred Twenty-Five and 00/100- - DOLLARS ($ 349,325.00------------ - - - - -- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating thereto nd as the Agreement ay b amended from time -to -time) with the OWNER, dated the,-29 day of a copy of which may be hereto attached, but, in any event, is rrgintaingd in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: Public Dock Facility Ca)- Sanford Marina IFB 12/13 -18 (Name of Project) (Contract No.) The Project is briefly described as: Construction of a Public Dock Facility per the requirements of the plans and permits. Public Dock Facility PAYMENT BOND @ Sanford Marina 00610 -1 SPECUB091W9 The Project is located: Along the shoreline of Veterans Memorial Park Peninsula on Lake Monroe in City of Sanford._ The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly make payments to all claimants as defined in Sections 255.05 and 713.01, Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other intents and purposes for the benefit of the OWNER. 2. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sections 713.23 and 713.18, Florida Statutes. 3. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, before commencing to furnish labor, materials, or supplies for the prosecution of the work, or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the CONTRACTOR with a notice that he or she intends to look to this Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his or her labor, materials, or supplies shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Claimant shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials or supplies may be instituted against the CONTRACTOR or the SURETY on the bond after one year from the performance of the labor or completion of the delivery of the materials or supplies. 4. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the Public Dock Facility PAYMENT BOND @ Sanford Marina 00610 -2 SPECUS091W9 SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. 6. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. IN WITNESS WHEREOF, this instrument is executed this the day of 1 O ATTEST. C TRACTOR Attesting Authority Yi 0.0 S )q " qAK .. iy1'111iifft ,. GL1tlr Teo Name ��A co: �' `(C R RATE SEAL) VIL Sti' J� •n = %.• ©A (Y.Vit 4s to CONTRACTOR) Typed Name Z RETY) Secretary S. E. Cline Construction. Inc. CONTRACTOR Signatory Autho ity CONTRACTOR Signato Authority M, Cc Typed Name and Title 18 Utility Drive Address Palm Coast, FL 32137 City, State, Zip (386) 446 -6426 (386) 446 -6481 Telephone No. Facsimile No. SURETY Fidelity and Deposit Company of Maryland SURETY Public Dock Facility PAYMENT BOND @ Sanford Marina 00610 -3 SPECUBMI509 Susan L. Reich Typed Name (CORPORATE SEAL) Witness as to SURETY Lisa Roseland Typed Name z2d& Witness as to SURETY Donna Keefer Typed Name (847) 605 -6000 (410) 261 -7955 Telephone No. FacsimrleiN0,.. - --- Kr " \4* r f� Attorney-in- Fact & FL Li seduRgsi ant nt" "Patricia L. Slaughter alt ►34/�`;�'," Typed Name `620 N. Wymore Rd., #200 Address Maitland, FL 32751 City, State, Zip (407) 786 -7770 (407) 786 -7766 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 the Bond. The SURETY's obligations run as to all such parties. 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 Bond on behalf of SURETY. END OF SECTION Public Dock Facility PAYMENT BOND @ Sanford Marina 00610 -4 SPECUBMIW➢ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S =ted ryland, by WILLIAM p J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on rs S� o reby certified to be in full force and effect on the date hereof, does hereby nomina t' t Po'i KENZIE, Leslie M. DONAHUE, Jeffrey W. REICH, Susan L. RE f A ��_ MLAGE, Teresa L. DURHAM, Gloria A. RICHARDS a =1ve t. , a- ` i dai EACH its true and lawful agent and Attorney -in -Fact, to make, e cqt sip behalf as surety, and as its act and deed. any and all bonds and undert % ' ° he exec or undertakings in pursuance of these presents, shall be as binding upon said C ies, as , to all intents and purposes, as if they had been duly executed and acknowledged by there Fle officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorn , r that issued on behalf of J. Gregory MACKENZIE, Jeffrey W. REICH, Susan L. REICH, Patricia L. SLAUGHTER, Don BRAMLAGE, Teresa L. DURHAM, Gloria A. RICHARDS, Leslie M. DONAHUE, dated January 22, 2008. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 9th day of October, A.D. 2009. ATTEST: 'gyp 9fips�r C�i�. vf° p BBAL W � :R State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 9th day of October, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fist above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 POA -F 031 -4012