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1607 Morton Construction Co
PURCHASING DEPARTMENT Tuesday, October 01, 2013 TRANSMITTAL MEMORANDUM To: City Clerk RE: Morton Construction Co- Notice to Proceed Sec00530 IFB 12/13 -14 Site 10 Storm Sewer Replacement Pond 2CB The item(s) noted below is /are attached and forwarded to your office for the following action(s): ,rw r. .:z CNN ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ ❑ Letter of Credit ❑ ® Rendering Safe keeping Maintenance Bond (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 Special Instructions: Ma4-4o4, Ord o� From T: \Dept forms \City Clerk Transmittal Memo - 2009.doc Id Date To: Notice to Proceed Date: Project Name: Bid No.: SECTION 00530 NOTICE TO PROCEED FORM Morton Construction Company 2825 Richmond Ave. Sanford, Florida 32773 September 30, 2013 Site 10 Storm Sewer IFB12/13 -14 acement Pond 2CB You are hereby notified to commence WORK in accordance with the Agreement dated September 5, 2013. This Notice authorizes the CONTRACTOR to commence construction on the above date and, in accordance with the Agreement, all work shall be substantially complete within 90 calendar days of the date of this Notice to Proceed. Therefore, the date of substantial completion is December 29, 2013. The date of Final completion is January 28, 2014. ISSUED BY: City of Sanford (Name of OWNER) By (Signs e) Thomas J. George - Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE TOP OCEED is hereby acknowledged by Morton Construction Company this day of ,2t/3 Ronald S. Morton - President Printed Name and Title END OF SECTION Site 10 Storm Sewer Replacement Pond 2CB 00530 -1 SPECLIB112112 NOTICE TO PROCEED FORM Architects M /E /P 500 West Fulton Street Eno ineers Planners Sanford, t L 32771 Environmental Surveyors 11h. 407.322.6841 Landscape Architects Traffic /Transportation Fx. 407.330.0639 Letter Of Transmittal Date: October 1, 2013 To: MarisolOrdonez City of Sanford Purchasing Dept. Re: Site 10 Storm Sewer Replacement Pond C2B (IFB 12/13 -14) CPH Job No. S06117.01 WE ARE SENDING YOU THE ATTACHED ITEM(S): NO. OF COPIES DESCRIPTION 1 Notice to Proceed - Fully Executed Original THESE ITEMS ARE TRANSMITTED AS INDICATED BELOW: X For Your Use For Review and Comment As Requested For Bids Due REMARKS: For Purchasing Dept. records. Note: an additional fully executed original has been provided to the Utility Dept. (to Paul Moore). COPY TO: SIGNED: KATRIINA BOWMAN, P.E. If enclosures are not as noted, kindly notify us at once. 1 � �IIJJJ i1.. b "r.l i •r� LU LO DOCUMENT APPROVAL 8/14/2013 1:26 PM Contract Agreement Name: Site 10 Storm Sewer Replacement Pond C2B IFB 12/13 -14 CPH Job No. S06117.01 J�wiichasing Manager Date 1 Fin —an c 4 Director - 161 ig I13 Date �e'ity Attorney Date 17 /?" / 0 011" , g CITY COMMISSION MEMORANDUM 13 -131 JUNE 24, 2013 AGENDA _t ws PM _X_ q, Item No. E `14 C7 ,-4 To: Hlpnerabkq ayor and Members of the City Co ission PREPARED BY: Jul ��,, tility Director SUBMITTED BY: >3"onapa rte, Jr., City Manager SUBJECT: Bid Award — Site 10 Storm Sewer Repl ce ent/ Site Grading IFB 12/13 -14 SYNOPSIS: Approval to award a bid to Morton Construction for storm sewer replacement and site grading at Site 10 is requested. FISCAL/STAFFING STATEMENT: Morton Construction submitted the low bid of $118,898.30 for this project. Funds are budgeted for this project. BACKGROUND: The City owns about 1800 acres east of town off of SR 46 commonly known as Site 10. The property was purchased over 25 years ago as a place to store and irrigate with reclaimed water. This large site is leased out to a cattle/ hay operator. There are many drainage culverts on site that are in need of replacement. The City's engineering consultant originally estimated that it would cost over $500,000 to replace all the culverts and re -grade the drainage swales and ditches. The Utility Department has a five year plan to accomplish this work. The first phase was bid out with bids opened on 5/30/13. The City received bids from four contractors. The attached bid tabulation lists each contractor and their overall bid. The lowest bid was received from Morton Construction. IFB 12/13 -14, Site 10 Storm Sewer Replacement Pond C213, was advertised, posted, opened and evaluated in compliance with City procurement policy. The award of the bid and the work is proposed to Morton Construction. There were 4 responses received to the bid as follows: Morton Construction Company $118,898.30 Conpilog $122,168.02 Danny Martinez, Inc. $164,725.67 Wright's Excavating, Inc. $248,627.64 All Architects M /E /P 500 West Fulton Street Engineers Planners Sanford, FL 32771 Environmental Survevors Ph. 407.322.6841 Landscape Architects Traffic /Transportation Fx. 407.330.0639 Letter Of Transmittal Date: August 6, 2013 To: Paul Moore, P.E. City of Sanford Re: Site 10 Storm Sewer Replacement Pond C213 (IFB 12/13 -14) CPH Job No. S06117.01 WE ARE SENDING YOU THE ATTACHED ITEM(S): NO. OF COPIES DESCRIPTION 2 Notice of Award - Fully Executed Copies for the City's Records 3 Agreement Executed by Morton Construction 1 Performance Bond and Payment Bond (Originals) - Agreement Date to be Filled in by the City 1 Performance Bond and Payment Bond (Copy) - Agreement Date to be Filled in by the City and Returned to Morton Construction 1 General Liability / Umbrella Liability / Workers Comp. Cert. of Insurance 1 Auto Liability Certificate of Insurance 1 Section 00618 - Insurance Requirements - Original Executed Copy for the City's Records THESE ITEMS ARE TRANSMITTED AS INDICATED BELOW: X For Your Use As Requested REMARKS: For Review and Comment For Bids Due Please forward to Marisol. Thanks. COPY TO: SIGNED: KATRIINA BOWMAN, P.E. If enclosures are not as noted, kindly notify us at once. June 13, 2013 Mr. Paul Moore, P.E. Utility Director City of Sanford P.O. Box 1788 Sanford, Florida 32772 -1788 Re: Site 10 Storm Sewer Replacement Pond C213 (IFB 12/13 -14) CPH Job No. S06117.01 Dear Paul: 500 West Fulton Street Sanford, Florida 32771 P.O. sox 2808 Sanford, Florida 32772 -2808 Phone: 407.322.6841 Fax 407.330.0639 www.cphengineers.com Based on the Bid Tabulation, the following are the bid results for the City's the Site 10 Storm Sewer Replacement Pond C213 (IFB 12/13 -14) project, received on May 30, 2013. Rank Bidder Name Total Base Bid 1 Morton Construction Co. $118,898.30 2 Conpilog $122,168.02 3 Danny Martinez, Inc. $164,725.67 4 Wright's Excavating, Inc. $248,627.64JI Two of the bids were lower than the Engineer's Estimate, which was $160,000. We have received from the Low Bidder, Morton Construction Company, ( "MCC ") information on its construction experience and licensing. MCC has been in business since 1999 and has a substantial number of construction projects that include site civil construction including storm sewer construction and site clearing and grading. CPH, Inc. has direct knowledge of MCC and its capabilities as we have worked on several projects where MCC was the general contractor. The scope of work for the Site 10 project and dollar value of the construction are well within MCC's capabilities and experience. Our working knowledge of MCC is that they are a contractor who does very good work, gets the work completed in a timely manner, and does not request a lot of extras (in the form of change orders). Due to our direct knowledge of MCC's experience on a variety of projects, we have not contacted references to inquire as to MCC's experience and performance on previous projects. If the City prefers that we still contact references, please let us know. Also provided by MCC is an Accountants Compilation Report as of 12/31/12. It is noted that what was submitted was not an Audited Financial Statement; however, per the Instructions to Bidders, it indicates the requirement for an Audited Financial Statement may be waived at the discretion of the City if the bidder provides bid security in the form of a bid bond using the Bid Bond Form contained in Section 00420 of the Bid Documents. The Bid Bond was provided to the City - an additional copy is attached. If the City decides to require an Audited Financial Statement, please advise. Also note that the attached Accountants Compilation Report dated 3/1/13 prepared by Howard, Howard and Hodges has not been reviewed by CPH and should be reviewed by the City. J: \S06117.01 \Civi1\Letter\Award Recommendation -Site 10.doc Engineers • Surveyors • Architects (AA26000926) • Planners • Landscape Architects • Environmental Scientists • Construction Management • Design /Build j Mr. Paul Moore, P.E. City of Sanford Award Recommendation - Site 10 Storm Sewer Replacement Pond C213 June 13, 2013 Page 2 of 2 We have reviewed MCC's construction license information by verifying the construction license is active. This verification was done through the Florida Department of Business and Professional Regulation (DBPR) website. The DBPR website also shows there are no current complaints on the license. We also checked with the Florida Dept. of State Division of Corporations to have on record the officers and directors listed for MCC. The City requires a number of its standard forms to be filled out and executed by the Low Bidder: all of the required forms (as listed below) have been executed by MCC and are attached. Based on our direct experience on working with MCC's, our knowledge of MCC's capabilities and experience on similar projects, and our review of the licensing information shown on the DBPR website, as summarized above and per the attached documents, we recommend the City Commission authorize award of the City's Site 10 Storm Sewer Replacement Pond C213 (IFB 12/13 -14 ) construction contract to Morton Construction Company in the amount of $118,898.30. If you have any questions or need additional information on the contract award recommendation we have made or any of the information shown herein or attached, please do not hesitate to call. Sincerely, CPH Engineers, Inc. 4"ledA - N. Katriina Bowman, P.E., CCS Vice President/Associate Attachments: ➢ MCC Information, Company Resume, Current and Completed Projects, References ➢ Copies of Licenses and Seminole Co. Business Tax Receipt / DBPR Confirmation / Corporation ➢ Accountants Compilation Report prepared by Howard, Howard and Hodges ➢ Copy of Submitted Bid Bond ➢ MCC Dispute Resolution / Litigation Statement and Proposed Project Subcontractors ➢ Certification Of Non - Segregated Facilities Form - Section 00450 ➢ Disputes Disclosure Form - Section 00452 ➢ Drug Free Workplace Form - Section 00454 ➢ Unauthorized (Illegal) Alien Workers Affidavit - Section 00456 ➢ E- Verify Compliance Form - Section 00458 ➢ Americans With Disabilities Act Affidavit - Section 00460 ➢ Criminal Background Check Requirements - Section 00525 Cc: Bill Smith - City of Sanford J: \S06117.01 \Civil \Letter\Award Recommendation - Site 10.doc DATE: 09/16/13 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 11985 TO: MORTON CONSTRUCTION CO., 2825 RICHMOND AVE SANFORD, FL 32773 PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 PO NUMBER 033550 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 63826 09/30/13 NET /30 ACCOUNT NO.: 452-4525-536.46-00 PROJECT NO.: NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD UNIT OF ITEM NO. DESCRIPTION QUANTITY ISSUE UNIT COST EXTENDED COST 1 SITE 10 STORM SEWER REPLACEMENT 118898.30 NA 1.00 118898.30 POND C2B SITE GRADING- CPH JOB NO. S06117.01 IFB 12/13 -14 SUBTOTAL I 118898.30 TOT L 118898.30 APPROVED BY: APPROVED BY: CITY MAN ER SI G T 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: //WWW.SANFORDFL.GOV/ DEPARTMENTS /PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING SECTION 00510 NOTICE OF AWARD FORM To: Morton Construction Company 2825 Richmond Ave. Sanford, Florida 32773 Project Name and Bid No.: Site 10 Storm Sewer Replacement Pond C213 (IFB 12/13 -14) The OWNER has considered the BID submitted by you, dated May 24, 2013 (received on May 30, 2013) for the above described WORK in response to the Invitation for Bids and Instructions to Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $118,898.30. 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. TM Dated this IL day of JA OWNER: City of Sanford (Name of OWNER) By (Signature 2.013 Thomas J. George - Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF WA D is hereby acknowledged by Morton Construction Company this day of Ronald S. Morton - President Printed Name and Title Site 10 Strom Sewer Replacement Pond C213 NOTICE OF AWARD SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the 511we day of by and between the City of Sanford Florida, 300 North Park Avenue, Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Morton Construction Company, whose principal and local address is 2825 Richmond Ave., Sanford, Florida 32773, 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. Certification Of Non - Segregated Facilities (Executed Form), 00450 14. Disputes Disclosure (Executed Form), 00452 15. Drug Free Workplace (Executed Form), 00454 16. Unauthorized (Illegal) Alien Workers Affidavit, 00456 Site 10 Storm Sewer Replacement Pond C26 00520 -1 AGREEMENT X 17. E- Verify Compliance Affidavit, 00458 18. Americans With Disabilities Act Affidavit, 00460 19. Financial Information (Executed Form) (If Required by City), 00462 20. Insurance Certificate(s) 21. Notice of Award, 00510 22. Criminal Background Check Requirements (If Required for Project by City), 00525 23. Notice to Proceed, 00530. 24. Consent of Surety to Final Payment (Executed Form), 00617. 25. Contractor's Application for Payment (Executed Forms), 00625. 26. Certificate of Substantial Completion, 00626. 27. Certificate of Final Completion, 00627. 28. Contractor's Partial Release of Lien (Executed Forms), 00640. 29. Subcontractor's Final Release of Lien (Executed Form), 00641. 30. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 31. Contractor's Release of Lien (Executed Form), 00645. 32. Project Field Order (Executed Form), 00940. 33. Work Directive Change (Executed Form), 00945. 34. Change Order (Executed), 00950. 35. 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. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the Site 10 Storm Sewer Replacement Pond C213 (IFB 12/13 -14). 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 90 calendar days. The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -2 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 750 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 (1/) 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 One hundred eighteen thousand eight hundred ninety -eight and 30/100 Dollars ($118,898.30). 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 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 Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -3 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. Engineer The Project has been designed by CPH Inc., referred to in the documents as the Engineer. Additional Terms and Conditions 1. The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and /or service providers to provide the same goods and /or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and /or service providers for CITY projects. The CITY reserves the right to select which goods and /or services provider shall provide goods and /or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods /services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any Site 10 Storm Sewer Replacement Pond C26 AGREEMENT 00520 -4 manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and /or services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty-eight (48) hours of the CITY's written request for such information. This information will be reviewed, Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -5 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 Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -6 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: Site 10 Storm Sewer Replacement Pond C26 AGREEMENT 00520 -7 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: Paul Moore, P.E. Utility Director City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and /or services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -8 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. Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -9 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 Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -10 39 40 41 provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. C. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. 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. 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. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 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. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -11 first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, 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 Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -12 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 Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -13 t 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 Site 10 Storm Sewer Replacement Pond C26 AGREEMENT 00520 -14 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. Site 10 Storm Sewer Replacement Pond C26 AGREEMENT 00520 -15 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 Site 10 Storm Sewer Replacement Pond C213 AGREEMENT 00520 -16 I 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. Site 10 Storm Sewer Replacement Pond C26 00520 -17 AGREEMENT I 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. Site 10 Storm Sewer Replacement Pond C213 00520 -18 AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Morton Construction Company Name of Firm by (Signature Date (SEAL) Ronald S. Morton - President Printed Name and Title ATTEST: (Signature) Date Janie Morton - Secretary / Treasurer Printed Name and Title OWNER: City of Sanford Name of Owner 2h � X� �/11/ 3 By (Signature) D e (SEAL) Printed Name and Title ATTEST: By (Signature) V� A to Janet Douahertyh Ci y Clerk Printed Name and Title Approved as to fiee4d6. IravK1111, 'P' / 2 g '�am L. Co lb , / ,._Date Cit Attorne �G END OF SECTION Site 10 Storm Sewer Replacement Pond C26 AGREEMENT 00520 -19 SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the Site 10 Storm Sewer Replacement Pond C25 (IFB 12113 -141 is hereby made to the City of Sanford, hereafter called the Owner. This Bid is submitted by (1) (1) 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 5/22/13 Number Dated Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. 4. To accomplish the work in accordance with the Contract Documents. Site 10 Storm Sewer Re cement Pond 2B / BID FORM NAME OF BIDDER: M n fbl— t77j'1 �l'IS tl'ILC J7 o�-k ©wOa REV. PER ADD. NO. 1 5/22/113 00410 -1 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 90 calendar days of the date of the Notice to Proceed. 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. (This area left blank intentionally) Site 10 Storm Sewer Replacement Pond C213 /� NAME OF BIDDER: / i" Q �DYl LLa,SbY (76M 1.=011 -pa �i Ufa. 00410 -2 BID FORM REV. PER ADD. NO. 1 5/22/113 w 0 O 3 cn I m v m m 3 CD 0 0 w 0 W N "O (0 CD 00-40) n A W N �O 00 �l 111) W D U[4- W N D N -� Z Om D 110 zr m-n (n cn 0 x m m 5 5555C�_'S�����v�„cnnv�v W CD o O CD - - v, CD (A w m w v, v) '0000000m'm��n CD (D (D (D (D (D (D O rt CD (D O m y�aa(o3yr m 3 O O O _ @�vv°'°'o°- N — Z Z — Z 3 Z < < < < < y < O CD M, N 0 CL c CD �" 3 D � CD C Z Z 0 CD m m m m m 3 CD N- O 3 o; C @ CL co O 0 Q. m r2 0-u W d) W O? N W a7 W O 3 ? O Q O 3 M (D N FD W rn0�rn0 Cl) N Cl) W CD N -D, = 00 0a 6 o- O -0 Z p) s (D Nv CD mmmKK gz � Cr Q D D --0 m m m v v v W Q cnj � v =j N (ncncnmm m X -°� 3 0 0 CL ° CD 0 3 0 0 0 C, 3 �� cn 0 co Q c�nm(�a @ J> -j "y 3 3 3 0 Z W N � 3 :1 3 cn cn � w cn (D cn CD cn (D O 3 (D Q- 3 3 E K a CD 0 � D1 Z N m m CD 0 o CL ��C (D N v CL Q -QQm o cn > c) O D C TI A w _ 0 o 3 Ln G =, = - v o cn � 3 CD o T m � a N 0 o 3 cm (n 0 v Q 3 O Q O. N 0 3 m D m m 3 m C CD w v cn Cl) i CL fl (D O 3 o o v c n O c m c _� TI N (D O rt y o 3 U) CD cn m 3 1 a CD 0 o Q CD CD CD m `m C cncncnr < m 00cncnmmmr -< > >>Tmm -rr mmmrrr- DDD - tmcnmm'ncncncn ri -rrrr Z =1 CA A O N ,A Oo -N -4t0000N N v N O N N w J N U7 W D vNNw C7? Cam )I W 6 69 69 69 W 69 N 69 69 W Efl O 69 N EA -- EA p 69 p 69 W Po EA !,a " O O 0 O O 0 O O 0 EA Ul 0 0A cn 0 69 W Oo 69 cn O 69 Ul O EA cn O EA P 69 P 69 cn O O 69 cn 69 0 69 N O O 0 O O 0 -4 W O 0 ; C OOCNno °00000cNi, °0 0000 00 0000 °0 00 000 00 0o0000000 CD0 m-1 40 s Go � , OEfiWEA A Efl69 A EA NONNOo Ei EA (A EA EA "CO EA 696969 EA6969�(Jlb9W 6 N O V O 69 N) O EA -4 W N Ut��Oo N O W cn(0 O O ?000OOOUi �1 O O O W 0o W -� W OOO -T �l W Co U1 ONA0000 �O ��O W N000 }000000 OOOUI CJ10CJ1 (00000 -{ nD GOOOCJIO 0000 0000000000 0000000000 000000000000 000000000000mr O T Cl) D z n 0 v 1.04 Miscellaneous Requirements and Affirmations A. Proposals (Bids) must be on the Bid Form. B. I have attached the following required fully executed forms to this Bid: 1. Bid Security complying with the requirements of the Bidding Documents. 2. Florida Trench Safety Act Statement - Section 00430 3. Non Collusion Affidavit - Section 00432 4. Conflict of Interest Affidavit - Section 00434 5. Public Entities Crime Affidavit - Section 00436 6. Compliance With the Public Records Law Affidavit - Section 00438 1.05 RESPECTFULLY SUBMITTED, signed and sealed this � day of / r� NO, Printed Name and Title Business Address ( —bn& (-d, VL 3 Z q q,_5 City State Zip Code LI/ 40_� 32Z-- B(qv Telephone No. Facsimile No. ►��r� rr�vr Un-- evr�s fry c �d� net E -Mail Address AT ES By (SrlJa re) Date 1'1e- aC)� 'f 6K Printed Name and Title END OF SECTION Site 10 Storm Sewer Replacement Pond C26 NAME OF BIDDER: OYl n Con .chrtc_jfi'ox_��irv�GUi y 00410 -4 . (CORPORATE SEAL) BID FORM REV. PER ADD. NO. 1 5/221113 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 `r day of M , Qo r),)&[ ,S f'Yt o r t-&t l ►� .5 Printed Name and Title A ES -tn 5112 L/ .qin nfi 1rA Date END OF SECTION Site 10 Storm Sewer Replacement Pond C213 00430 -1 SPECLIB052803 (SEAL) TRENCH SAFETY FORM Trench Safety Measure (Description) Units of Measure LF, SF, SY Unit Quantity Unit Cost Extended Cost A B C D E F TOTAL 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 `r day of M , Qo r),)&[ ,S f'Yt o r t-&t l ►� .5 Printed Name and Title A ES -tn 5112 L/ .qin nfi 1rA Date END OF SECTION Site 10 Storm Sewer Replacement Pond C213 00430 -1 SPECLIB052803 (SEAL) TRENCH SAFETY FORM SECTION 00432 NON COLLUSION AFFIDAVIT The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individual signing this document. Bidder /,2LdG Signature of Au orized Representative (Affiant) Date porold m o(y� r� 401'5 Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF SiM0166-5— STATE OF FLORIDA On this 2V day of _ , 20 c!PO/3 , before me, the undersigned Notary Public of the State of Florid d, personally appeared ng� C� .S A4 o � v� Site 10 Storm Sewer Replacement Pond C2B 00432 -1 SPECLIB110712 NON COLLUSION AFFIDAVIT whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced 1l1 as identification. n (Notaryf'ublic in and for SEAL My commission expires: stY,F: JENNIFER L. GALKA Commission # FF 002236 ° -��z Expires May 3, 2017 l?, Elo^ded TNu Troy Fain Imurenm 900.385-7019 County and State Aforementioned) END OF SECTION Site 10 Storm Sewer Replacement Pond C26 00432 -2 SPECLIB110712 NON COLLUSION AFFIDAVIT SECTION 00434 CONFLICT OF INTEREST AFFIDAVIT Project Name: Site 10 Storm Sewer Replacement Pond C213 Bid No.: IFB 12/13 -14 The Affiant identified below deposes and states that: 1. The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Bidder's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project 5. Neither the Bidder nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. 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. Site 10 Storm Sewer Replacement Pond C213 CONFLICT OF INTEREST AFFIDAVIT 00434 -1 SPECUB110712 Bidder ignature of Authorized Representative (Affiant) Date s Nk of t (D1 r�S Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF SLM-i j -Ol -e-- STATE OF FLORIDA On this 2`-f' day of , 20l , before me, the undersigned Notary Public of the State of Florida ) personally appeared 1,—:'A 6v whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS y hand and official seal. He /She is personally known to me or has produced as identification. SEAL FiR1�'�y JENNIFER L. GALKA " Commission # FF 002236 Expires may 3, 2017 roy Fain Ineu ame 800.M7019 (No-f* Public a My commission expires: County and State Aforementioned) END OF SECTION Site 10 Storm Sewer Replacement Pond C26 00434 -2 SPECLIB110712 CONFLICT OF INTEREST AFFIDAVIT SECTION 00436 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT Project Name: Site 10 Storm Sewer Replacement Pond C213 Bid No.: IFB 12/13 -14 The Affiant identified below attests to the following: 1. 1 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. Site 10 Storm Sewer Replacement Pond C213 00436 -1 SPECLIB110712 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 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) 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. nn c -I---n t r -h _ -) n Or) rNn no p � I A , '5)v1.31J 2 q3 G C> Bidder _ (� FEIN No. Signature of Auth rized Representative (Affiant) P Date Ike O C f c�'�S Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF STATE OF FLORIDA On this 'Z day of M C -c A , 20 ,,) before me, the undersigned Notary ublic of the State of Florida) personally appeared h� Dnai &���1 ry whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNES$ my hand and official seal. He /She is personally known to me or has produced as identification. Site 10 Storm Sewer Replacement Pond C26 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 00436 -2 SPECLIB110712 SEAL ,�O"�" JENNIFER L. KA .•= Commission # FFL 002236 res Expires May 3, 2017 R n • `� Bonded Nu Troy Fain Iniwanca 800385.7019 ublic in hAid for the County and State Aforementioned) My commission expires: END OF SECTION Site 10 Storm Sewer Replacement Pond C213 00436 -3 SPECLB3110712 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers /Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity which pages /paragraphs of their bid /proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the Bidders documents. Bidder by "L bn Signature of Authorized Representative (Affiant) cc) nc� l u S V�&r � Dn Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF I(YA ( f STATE OF FLORIDA I2-lL-5 Date On this 2L� day of V\n 0-4� 1, 20 �3 , before me, the undersigned Notary Public of the State of Florida, personally appeared Inc C)a[L —S UC)V -16r) whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS,/-my hand and official seal. He /She is personally known to me or has produced P\ as identification. i r Public Wand for`t'e County and State Aforementioned) My commission expires: JENNIFER L. GALKA Commission # FF 002236 a,• g Expires May 3, 2017 `•' Bonded Ttnu Troy Fain Insurance 800,85 -7019 END O F SECTION Site 10 Storm Sewer Replacement Pond C213 00438 -1 SPECLIB110712 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Morton Construction Company as Principal, and (2) Berkley Regional Insurance Company as Surety, are hereby and firmly bound unto (3) City of Sanford, Florida 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, Florida a certain Bid for (5) Site 10 Storm Sewer Replacement Pond C26, IFB 12/13 -14 attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) Owner 4) Amount of Bond as Required in the instructions to Bidders 5) Name of Project as Shown in invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. Site 10 Storm Sewer Replacement Pond C213 00420-1 BID BOND FORM SPECLIB0301 06SPECLI B052803 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 30th day of May , 2013 Morton Construction Company ATTEST: Princi al 4ByPrincipa fficer) By Ignature of Officer) Typed Name and Title Typed Name and Title 2825 Richmond Avenue (CORPORATE SEAL) Address Sanford, FL 32773 City, State, Zip Berkley Regional Insurance Company Surety By: B Attorney -in -Fact & Florida Licensed Resident Agent Jennifer L. McCarta, Attorney -In -Fact Kathy Clawson, Witness & Florida Licensed Resident Agent Typed Name and Title Typed Name and Title 11201 Douglas Avenue (SEAL) Address Urbandale, IA 50322 City, State, Zip (515) 473 -3172 (866) 915 -7892 Telephone No. Facsimile No. Inquiries: (407) 834 -0022 END OF SECTION Site 10 Storm Sewer Replacement Pond C213 SPE CLI B030106SPECL 18052803 00420 -2 BID BOND FORM No. 117g POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: J. W. Guignard, Bryce R. Guignard, April L. Lively, Margie L. Morris, Jennifer L. McCarta, Allyson Foss or James S. Penny of Guignard Company of Longwood, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that s no single obligation shall exceed Fifty Million and 00 /100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds x had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own r— f proper persons. r This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, °— without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following f resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: J "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and ° qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further — RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further E RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any n power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as f though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have - ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this2- day of 2012. sAttest: Berkley Regional Insurance Company (Seal) By By Ira S. Lederman J Hafter c Senior Vice President & Secretary nior ice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) .J ) ss: CCUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this2(° day of , 2012, by Jeffrey M. Halter and ° Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice Pre �ent and Secretary, respectively, of Berkley Regional Insurance Company. s Notary Public, State of CM 6i rdWBLIC— �ST�it7OF1'0NNkt'T Ct# ^ (AY COMMISSION EXPIRES lo1A191, �t3i 7 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 30th day of May 2013 (Seal) Andr . Turn MORTO -2 OP ID: TO ACORO CERTIFICATE OF LIABILITY INSURANCE F DATE (MMIDDNYW) 1 0810512013 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 Phone: 407 -869 -0962 SIHLE INSURANCE GROUP, INC. Fax: 407 - 774 -0936 P. O. BOX 160398 ALTAMONTE SPRINGS, FL 32716 NAME: Certificate Department aH01 Ext;407- 869 -5490 ac No: 407 -389 -3580 E-MAIL ADDRESS: certificates@sihie.com Sandra Corrao INSURER(S) AFFORDING COVERAGE NAIL / INSURER A: CI ncln nati Com panles 10677 A INSURED Morton Construction Co. INSURER B: Bridgefield Employers Ins Co. 10701 2825 Richmond Ave. Sanford, FL 32773 -6536 INSURER C: 08/04/2014 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,00 INSURER D: INSURER E INSURER F MED EXP (Any one person) $ 5,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 3 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER POLICY E F MMIDDNYW POLICY XP MMlDDNYW LIMBS Sanford, FL 32771 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X CAP5869473 08/04/2013 08/04/2014 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,00 CLAIMS -MADE FX_1 OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 X Contractual X XCU GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG $ 2,000,00 $ X POLICY PRO-- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) 1,000000 r BODILY INJURY (Per person) $ A ANY AUTO CAP5869473 08/04/2013 08/04/2014 ALL OWNED SCHEDULED AUTOS AUTOS X HIREDAUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 A EXCESS LIAR CLAIMS -MADE X CAP5869473 08/04/2013 08/04/2014 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERfEXECUTIVE Y 1 N OFFICERJMEMBER EXCLUDED? ❑ (Mandatory In NH) N I A X 0830 -36550 06/24/2013 06/24/2014 X WCSTATU- OTH- T RY I IT R E.L. EACH ACCIDENT $ 100,00 E L. DISEASE - EA EMPLOYEE $ 100,00 f yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 500,00 A ontractors Equip CAP5869473 08/04/2013 08/04/2014 Leas /Rent 100,00 Leased & Rented Ded 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Site 10 Storm Sewer Replacement Pond C2B City of Sanford, its agents, employees, officials, and CPH, Inc., its agents, employees and officials are included as additional insured for General Liability and Umbrella Liability when req ired by written contract. This insurance shall be Primary and Non - Contributory to any other (cont'd) CERTIFICATE HOLDER CANCELLATION CITYSA5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sanford ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Manager 300 N Park Avenue AUTHORIZED REPRESENTATIVE Sanford, FL 32771 ® C ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): City of Sanford, its agents, employees, officials, and CPH, Inc., its agents, employees and officials. A. SECTION R - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that addi- tional insured by you or on your behalf. D. SECTION 1 - COVERACES is amended to include: The insurance provided to the additional in- sured does not apply to: 1. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of the: a. Rendering of, or failure to render, any professional architectural, engi- neering or surveying services, in- cluding: (1) The preparing, approving or fail - ing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change or- ders or drawings and specifica- tions; and (2) Supervisory, inspection, archi- tectural or engineering activities; b. Sole negligence or willful misconduct of, of for defects in design furnished by, the additional insured or its "em- ployees". 2. "Bodily injury" or "property damage" arls- ing out of "your work" included in the "products - completed operations hazard ". C. SECTION III - LIMITS OF INSURANCE is amended to include: The limits of insurance applicable to the addi- tional insured are inclusive of and not in addi- tion to the limits of insurance shown in the Declarations. D. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance is amended to include: Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: a.. As otherwise provided in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance; or b For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided un- der this endorsement shall also be ex- cess. Includes copyrighted material of ISO GA 407810 01 Properties, Inc., with its permission. Policy Number: CAPStf69473 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY / NONCONTRIBUTORY AMENDMENT OF CONDITIONS FOR DESIGNATED ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): City of Sanford, its agents, employees, officials, and CPH, Inc., its agents, employees and officials. With respect to insurance provided the additional insured shown in the Schedule, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS, 5. Other Insurance is deleted in its en- tirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the additional insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a, Primary Insurance Where required by a written contract; this insurance is primary and noncontributory as respects any other insurance policy issued to the additional insured. Other- wise, b. below applies. b. Excess Insurance This insurance is excess over any of the other insurance available to the additional insured whether primary, excess, contin- gent or on any other basis. When this insurance is excess, we will have no duty under Coverages A or Bhto defend any claim or suit" tliat any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. GA 4094 10 01 When this' insurance is excess over any other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of ail deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. C. Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. POLICY NUMBER: CAP5869473 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAI NST OTH E RS TO U S This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Person Or Organization: SCHEDULE City of Sanford, its agents, employees, officials, and CPH, Inc., its agents, employees and officials. I information required to complete this Schedule, if not shown above, will be shown in the Declarations. j The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "Your work' done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM THE OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement with us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule City of Sanford, its agents, employees, officials, and CPH, Inc., its agents, employees and officials. 300 N Park Ave Sanford, FL 32771 -1244 Job: Site 10 Storm Sewer Replacement Pond C213 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: August 02, 2013 Carrier: Bridgefield Employers Insurance Company Effective Date of Endorsement: August 02, 2013 Policy Number: 0830 -36550 Countersigned by: ^� L Insured: Seminole Landscaping, Inc. Morton Construction Co. WC 00 03 13 (Ed. 4 -84) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 1983 NCCI" Policy Number: CAPS869473 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION ' • 1114007 -YAI This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY BUSINESS AUTO COVERAGE PART CLAIMS -MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART CRIME AND FIDELITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MACHINERY AND EQUIPMENT COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS -MADE SCHEDULE Number of Days' Notice 30 / *10 days for non - payment of premium. For any statutorily permitted reason other than nonpayment of premium, the number of days required for no- tice of cancellation, as provided In Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Name of Person or Organization: City of Sanford Mailing Address: Attn: Purchasing Manager 300 N. Park Avenue Sanford, FL 32771 Includes copyrighted material of Insurance IA 4086 08 07 Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 08 (Ed. 7 -11) NOTICE OF CANCELLATION AND NON - RENEWAL TO THIRD PARTIES It is hereby understood and agreed PART SIX: CONDITIONS, Section D, of the policy is amended by adding the following subsection 5: If we initiate cancellation of this policy, we will notify the person(s) or organization(s) as shown at the address in the Schedule below, as follows: a. 30 days notice will be given for notice of cancellation for non - payment of premium. b. 30 days notice will be given for notice of cancellation for any reason other than non - payment of premium. c. 3o days notice will be given for notice of non- renewal. If the insured initiates cancellation of this policy, notification will be mailed upon receipt of the cancellation request from the insured. Notwithstanding the provisions above, in no event will the number of days notice of cancellation or non - renewal be fewer than the number of days required by the applicable state workers compensation law. SCHEDULE Name of Person or Organization: City of Sanford Attn: Purchasing Manager Mailing Address: 300 N Park Ave Sanford, FL 32771 -1244 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: August 02, 2013 Carrier: Bridgefield Employers Insurance Company Effective Date of Endorsement: August 02, 2013 Policy Number: 0830 -36550 Insured: Seminole Landscaping, Inc. Morton Construction Co. WC 99 06 08 (Ed. 7 -11) Countersigned by: Policy Number: CAP5869473 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY BUSINESS AUTO COVERAGE PART CLAIMS -MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART CRIME AND FIDELITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MACHINERY AND EQUIPMENT COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS -MADE SCHEDULE Number of Days' Notice 30 / *10 days for non - payment of premium. For any statutorily permitted reason other than nonpayment of premium, the number of days required for no- tice of cancellation, as provided in Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Name of Person or Organization: CPH, Inc. Mailing Address: PO Box 2808 Sanford, FL 32772 Includes copyrighted material of Insurance IA 4086 08 07 Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 08 (Ed. 7 -11) NOTICE OF CANCELLATION AND NON - RENEWAL TO THIRD PARTIES It is hereby understood and agreed PART SIX: CONDITIONS, Section D, of the policy is amended by adding the following subsection 5: If we initiate cancellation of this policy, we will notify the person(s) or organization(s) as shown at the address in the Schedule below, as follows: a. 3o days notice will be given for notice of cancellation for non - payment of premium. b. 30 days notice will be given for notice of cancellation for any reason other than non - payment of premium. c. 3o days notice will be given for notice of non - renewal. If the insured initiates cancellation of this policy, notification will be mailed upon receipt of the cancellation request from the insured. Notwithstanding the provisions above, in no event will the number of days notice of cancellation or non - renewal be fewer than the number of days required by the applicable state workers compensation law. SCHEDULE Name of Person or Organization: CPH, Inc. Mailing Address: PO Box 2808 Sanford, FL 32772 -2808 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: August 05, 2013 Carrier: Bridqefield Employers Insurance Company Effective Date of Endorsement: August 05, 2013 Policy Number: 0830 -36550 Insured: Seminole Landscaping, Inc. Morton Construction Co. WC 99 06 08 (Ed. 7 -11) Countersigned by: ' C_ SECTION 00618 INSURANCE REQUIREMENTS (CITY OF SANFORD) The following insurance requirements are required to be met, in addition to requirements defined in Sections 00700 (General Conditions) and 00800 (Supplementary Conditions). Any conflict between the requirements contained in this section and any other section, it is hereby noted that the requirements of this section as amended shall prevail. 1. The successful bidder will be required to provide, to the City of Sanford and the Engineer, prior to commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Any work initiated without completion of this requirement shall be unauthorized and the City will not be responsible. 2. The City reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the project, conditions and exposure. 3. The insurance limits indicated below and otherwise referenced are minimum limits acceptable to the City. Also, all contractor policies shall to be considered primary to City coverage and shall not contain co- insurance provisions. 4. All policies are to be endorsed to include the City of Sanford and the Engineer as Additional Insured, except for professional liability policies and workers compensation policies. 5. Professional Liability Coverage, when applicable, will be defined on a case by case basis. 6. Builder's Risk ("All Risk ") insurance is required for all projects that include above grade construction, installation of structures, pipeline installation, and for all projects where the Contractor proposes to be paid for stored material. 7. In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. 8. All limits are per occurrence and must include Bodily Injury and Property Damage. 9. All policies must be written on occurrence form, not on claims made form, except for Professional Liability. 10. Self insured retentions shall not be allowed on any liability coverage. 11. In the notification of cancellation: The City of Sanford and the Engineer shall be endorsed onto the policy as a cancellation notice recipient. Should any of the above described policies be cancelled before the expiration date thereof, notice shall be delivered to the City of Sanford in accordance with the policy provisions. 12. All insurers must have an A.M. Best rating of at least A -VII. Site 10 Storm Sewer Replacement Pond C213 INSURANCE REQUIREMENTS 00618 -1 13. It is the responsibility of the Contractor to responsible to ensure that all Subcontractors retained by the Prime Contractor shall provide coverage as defined herein before and after and are the responsibility of said Prime Contractor in all respects. 14. Any changes to the coverage requirements indicated above shall be approved by the City of Sanford Risk Manager. 15. Address of "Certificate Holder" is: City of Sanford; Attention: Purchasing Manager; 300 N. Park Avenue); Sanford, FL 32771 Phone: 407 - 688.5028; Fax: 407 - 688 -5021; CPH Engineers, Inc., P.O. Box 2808, Sanford, FL 32772. 16 17. 18 All certificates of insurance, notices, etc. must be provided to the above addresses. Insurance requirements are as follows: For construction projects where the total construction cost is less than $500,000: Coverage Required Minimum Policy Limits Workers' Compensation Employers Liability $ 500,000 *Certificates of exemption are not acceptable in lieu of Each Accident $ 500,000 Disease $ 500,000 workers compensation insurance Commercial General Liability shall include- Bodily injury liability, Property Damage liability; Personal Injury liability and Advertising injury liability Coverages shall $1,000,000 Per Occurrence include: Premises /Operations; Products /Completed $ 1,000,000 General Aggregate Operations; Contractual liability; Independent Contractors, Explosion; Collapse; Underground Comprehensive Auto Liability, CSL, shall include "any $ 1,000,000 Combined Single Limit auto" or shall include all of the following: owned, $ 1,000,000 General Aggregate leased, hired, non -owned autos, and scheduled autos. Professional Liability when required) $ 1,000,000 Minimum Builder's Risk (when required) shall include theft, sinkholes, off site storage, transit, installation and equipment breakdown. Permission to occupy shall be Not Required included and the policy shall be endorsed to cover the interest of all parties, including the City of Sanford, all contractors and subcontractors Garage Keepers (when required) $1,000,000 Aggregate: No per vehicle maximum preferred Garage Liability (when required) $ 1,000,000 Combined Single Limit $ 1,000,000 General Aggregate Certification: A. It is noted that the City has a contractual relationship with the named Contractor, applicable to a purchase order, work order, contract or other form of commitment by the City of Sanford, whether in writing or not and has no such contractual relationship with the Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the Site 10 Storm Sewer Replacement Pond C2B INSURANCE REQUIREMENTS 00618 -2 City to meet all contractual obligations and expectations of the City. Further, as the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the City will expect relief from the Contractor. B. The Undersigned accepts and agrees to meet all of the insurance coverage requirements, terms, conditions and certification(s) stated herein before and after and further agrees to maintain and provide the designated coverage during the life of the identified document. Also, when the coverage requirements stated herein before and after are specifically referenced by applicable solicitation, purchase order or contract document, those terms, conditions and coverage requirements are incorporated into that document as if fully set forth in verbatim. Certified By: Morton Construction Company Name of Contractor 2825 Richmond Ave., Sanford, Florida 32773 Address Cry State Zip Code Si Ronald S. Morton - President Printed Name and Title END OF SECTION Site 10 Storm Sewer Replacement Pond C2B INSURANCE REQUIREMENTS 00618 -3 SEMIN25 OP ID: TO ka °RC' CERTIFICATE OF LIABILITY INSURANCE DATE 0 810 512 01 W) 08105/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(}es) 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 Phone: 407 -869 -0962 CNAOME:c Certificate Department SIHLE INSURANCE GROUP, INC. Fax: 407- 774 -0936 P. 0. BOX 160398 ALTAMONTE SPRINGS, FL 32716 PHONE 407 - 869 -5490 A/C No): 4O7- 389 -3580 !C No Ell: ADDRESS: certificates@sihie.com Sandra Corrao INSURERS) AFFORDING COVERAGE NAIC / INSURERA: Westfield Insurance Group 24112 EACH OCCURRENCE INSURED Seminole Landscaping, Inc. INSURER B: COMMERCIAL GENERAL LIABILITY Re: Morton Construction Co. 2825 Richmond Avenue INSURER C: Sanford, FL 32773 INSURER D: MED EXP (Any one person) $ CLAIMS -MADE F—I OCCUR INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 3 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. ILA TYPE OF INSURANCE IN ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER MMlDDIYYYY MMIDDIYYYY LIMITS Sanford, FL 32771 GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO REIN PREMISES Ea occurrence $ MED EXP (Any one person) $ CLAIMS -MADE F—I OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG $ $ POLICY PRO- LOC AUTOMOBILE LIABILITY COMB ED SINGLE LIMIT Ea acIcidNent $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO X X TRA5930775 04/1012013 04/10/2014 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peractidenl $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IN ANY FR CPR IETORlPARTNERIEXECUTIVE Y❑ WC STATU- OTH- TORY LIMITS E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA E L DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS IVEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Site 10 Storm Sewer Replacement Pond C2B City of Sanford, its agents, employees, officials, and CPH, Inc., its agents, employees and officials are included as additional insured for Automobile Liability when required by written contract. This insurance shall be Primary and Non - Contributory to any other insurance available to (cont'd) CERTIFICATE HOLDER CANCELLATION CITYSA5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sanford ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Manager 300 N Park Avenue AUTHORIZED REPRESENTATIVE Sanford, FL 32771 ACORD 25 (2010/05) O 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: TRA5930775 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement.. the provisions of the Coverage Form apply un- less modified by the endorsement. SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, Rem c. is re- placed by the following: c. Regardless of the provisions of Paragraph a. above. this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncontributory basis. CA 70 75 10 08 POLICY NUMBER: TRA5930775 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM SCHEDULE Name of Person or Organization: "Blanket Waiver of Subrogation" "Automatic status when required by written contract." (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right or recovery we may have against the person or organization shown in the Schedule because of payments we make under the Coverage Form. The waiver applies only to the person or or- ganization shown in the Schedule. CA 70 22 07 05 Policy Number: TRA5930775 C0K VERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXPANDED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details affecting each coverage, please refer to the terms and condi- tions in this endorsement A. Who Is An Insured broadened: • Additional Insured by Contract Agreementor Permit • Legally Incorporated Subsidiaries • Newly Acquired Organizations B. Supplementary Payments • Bail Bonds - $5= • Loss of Earnings - $50D C. Fellow Employee Exclusion Amendment D. Coverage Extensions • Transportation Expenses • Personal Effects (Excess Basis) E. Additional Coverages • Expenses paid for returning a stolen covered autD • Fire Department Service Charge F. Airbag Coverage -Accidental Discharge G. Knowledge and Notice of an Accident; Claim or Suit H. Unintentional Failure To Disclose Hazards I. Worldwide Coverage J. Definitions - Budily Injury Redefined In addition to the policy amendments contained in A. through K. listed above, the endorsements listed below will automatically be attached to your policy to complete the coverage provided by the Business Auto Endorsement: • Audio, Visual and Data Electronic Equipment Coverage Added Limits -CA 996D • AutD Loankease Gap Coverage - CA 20 71 • Drive Other Car Coverage - Broadened Coverage For Named Individuals - (Executive Officers/Spouses) -CA 9910 • Employee Hired AutDS - CA 30 54 • Employees As Insureds - CA 99 33 • Hired Auto Physical Damage (Refer w ALtD Declarations page) • Rental Reimbursement Coverage -CA 99 23 • Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) - CA 70 22 A. WHO IS AN INSURED BROADENED SECTION II - LIABILITY COVERAGE, item A. Coverage, 1. Who Is An Insured is amended in include the following additional para- graphs: d. Any legally incorporated subsidiary of yours in which you own more than Vlo of the voting stock on the ef- fective date of this endorsement However, "insured" does notinclude any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limitof insurance. Coverage under this provision is af- forded only for the first 180 days af- ter you acquire or farm the organization or until the end of the policy period, whichever comes first e. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or a majority in- terest However, coverage under this provision: CA 70 78 0712 Page 1 of 3 (1) Does not apply if the organiza- tion you acquire or form is an "insured" under another autib li- ability policy or would be "in- sured" under such a policy but for its termination or the ex- haustion of its limits of insur- ance; (2) Does not apply in "bodily injury" or "property damage" that oc- curred before you acquired or formed the organization; and (31 Is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first f. Any person or organization with Morn you agreed in writing in a contract agreement or permit to provide insurance such as is af- forded under this policy. This provision only applies if the written contract or agreement has been executed or permit has been issued, prior to the "bodily injury" or "property damage ". B. SUPPLEMENTAL PAYMENTS SECTION 11 - LIABILITY COVERAGE, item A. Coverage, 2 Coverage Extensions, a. Sup- plementary Payments, subparagraphs (4 and (40 are deleted and replaced with the follow- ing: (2) Up to $5000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident' we cover. Wt' do not have to furnish these bonds. (4) All reasonable expenses in- curred by the "insured" at our request including actial loss of earnings up W $500 per day be- cause of time off from work. C. FELLOW EMPLOYEE EXCLUSION AMEND- MENT SECTION II - LIABILITY COVERAGE, item B. Exclusions, 5 Fellow Employee does not ap- ply if the "bodily injury" results from the use of covered "auto" you own or hire. D. COVERAGE EXTENSIONS SECTION III - PHYSICAL DAM4GE COVER- AGE, Item A. Coverage, 4 Coverage Exten- sions, a. Transportation Expenses is replaced with the following: a. Transportation Expenses Wb will pay up to $100 per day th a maximum of $1,800 for transporta- tion expense incurred by you be- cause of the total theft of a covered "autri" of the private passenger type. M will pay only for those covered "autios" for which you carry either Comprehensive or Specified Causes of Loss Coverage. Wye will pay for transportation expenses incurred during the period beginning 48hours after the theftand ending, regardless of the policy's expiration, when the covered "auto" is returned w use or we pay for its "loss ". The following is added to Item 4 Cover- age Extensions: c. Personal Effects M will pay up to $500fbr the "loss" of your personal effects that are contained in a covered "auto" due to the total theft of the covered "a=.' We will pay only for those personal effects thatare contained in covered "autos" fir which you carry either Comprehensive or Specified Causes Of Loss Coverage. Our paymentfor "loss" of or damage to personal effects will apply only on an excess basis over other collect- ible insurance. E. ADDITIONAL COVERAGES SECTION III - PHYSICAL DAIVRGE COVER- AGE, A. Coverage, is amended to include the following additional coverage items: 5 We will pay the expense of returning stolen covered "auto" to you. 6 Fire Department Service Charge When a fire department is called to save or protect a covered "auto ", its equip- ment; its contents or occupants from a Covered Cause Of Loss, we will pay up to $1,000 for your liability fir Fire De- partment Service Charges: (a) Assumed by contract or agreement prior th loss; or (b) Required by local ordinance. No deductible applies th this additional coverage. F. AIRBAG COVERAGE - ACCIDENTAL DIS- CHARGE SECTION III - PHYSICAL DAM4GE COVER- AGE, Item B. Exclusions, subparagraph 3a. is deleted and replaced with the following: a. Wear and tear, freezing, mechanical or electrical breakdown. CA 70 78 0712 Page 2 of 3 Mechanical breakdown does not ap- ply to the accidental discharge of an airbag. G. KNOWLEDGE AND NOTICE OF AN ACCI- DENT, CLAMOR SUIT SECTION IV - BUSINESS AUTO CONDITIONS, Item A. Loss Conditions is amended as fol- lows: Subparagraph a. under Item 2 Duties In The Event Of Accident, Claim, Suit Or Loss, is amended 1A include the following paragraphs: This requirement applies when the "accident" claim, "suit' or "loss" is first known tD: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; or (3) An executive officer or insur- ance manager, if you are a cor- poration. Subparagraph b.(4 under 2 Duties In The Event Of Accident, Claim, Suit Or Loss is amended as follows: (7) Immediately send us copies of any request demand, order, notice, summons or legal paper received concerning the claim or "suit" Your employees may know of documents received concerning a claim or "suit'. This will not mean thatyou have such know- ledge, unless receipt of such documents is known to you, any of your executive officers or partners or your insurance manager. H. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 2 Concealment, Msrepresentation Or Fraud is amended to include the following additional paragraph: If you unintentionally fail tD disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. I. VtORLDVIIDE COVERAGE Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, subparagraph e. is deleted and replaced with the following: e. Anywhere in the world, if (1) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and {Z► The "insured's" responsibility tD pay damages is determined in a "suit' on the merits, in the United States of America, PuertD Rio or Canada or in a setdementwe agree to. {:3 If for such "autos" a "suit' is broughtoutside the territory de- scribed in 7.a. through 7.d. above, we will reimburse the insured for dcfcnse expenses incurred with our written con- sent; but we will make no pay- ment; nor will we reimburse the insured for damages. J. DEFINITIONS Under SECTION V - DEFINITIONS, Item C. is replaced by the following: C. "Bodily injury" means bodily injury, sick- ness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". CA 70 78 0712 Page 3 of 3 POLICY NUMBER: TRA5930775 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE SCHEDULE Number of Days' Notice 10 Name Of Additional Insured Person(s) Or Oraanization(s) Location(s) Of Covered Operations City of Sanford "All locations within the coverage territory." Attn: Purchasing Manager 300 N. Park Avenue Sanford, FL 32771 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condi- tion or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Copyright, Insurance Services Office, Inc., 1992 IL 70 35 06 08 POLICY NUMBER: TRA5930775 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE SCHEDULE Number of Days' Notice 30 Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CPH, Inc. "All locations within the coverage territory." PO Box 2808 Sanford, FL 32772 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condi- tion or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Copyright, Insurance Services Office, Inc., 1992 IL 70 35 06 08 GUIGNARD July 15, 2013 City of Sanford, Florida 300 North Park Avenue Sanford, FL 32771 -1244 Re: Authority to Date Bonds and Powers of Attorney Principal: Morton Construction Company Bond No.: 0158512 Project: Site 10 Storm Sewer Replacement Pond C2B, Contract No. IFB 12113 -14; located at 3105 SR 46, Geneva, Florida 32732 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 send a copy of the dated bonds to our office. Best regards, Berkley Regional Insurance Company (enniffer L. cCarta Attorney In Fact and Florida Licensed Resident Agent 1904 BOOTHE CIRCLE • LONGWOOD, FL 32750 PH (407) 834 -0022 (888) 220 -3780 FAX (407) 260 -1767 (888) 220 -3228 WWW.GUIGNARDCOMPANY.COM