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1637 Thadcon, LLC, IFB 12/13 (exp perf bond)
1 p‘ ) ri OTiq1■1, Ritto Thursday, January 30, 2014 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk- RE: Thadcon, LLC IFB 12/13-22 US 17/92 CRA W 7th St Water Main & Sewer Line Extension The item(s)noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ® Mayor's signature ❑ Final Plat (original mylars) Record'• Letter of Credit : d;ring Maintenance Bond Safe k:-sin_ (V' Ordinance De•s • "i y Manager ❑ Performance Bond Payment Bond Resolution City Manager Signature I I X City Clerk Attest/Signature Once completed, please: ❑ Return originals to Purchasing I I Return copies Special Instructions: Mat-i4ot OrcL -z From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc Executed in 3 Counterparts Public Work 8. F.S. Chapter 255.05 (1)(a) cr Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND -, ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 4• FLORIDA STATUTES. oa CI ri BOND NO: 7653504 .. . E CONTRACTOR NAME: Thadcon, LLC o —, CONTRACTOR ADDRESS: 503 North Street Daytona Beach, FL 32114—2 61 5 . CONTRACTOR PHONE NO: (386) 253-3963 O en C SURETY COMPANY: Westfield Insurance Company . w :?_•:!:.: PO Box 5001 c/i' Westfield Center, OH 44251-5001 (330) 887-0101 iz, OWNER NAME: City of Sanford, Florida n OWNER ADDRESS: 300 North Park Avenue j o� c..; Sanford, FL 32771 w cn -3 OWNER PHONE NO.: (407) 330-5600 P., M ix a I- OBLIGEE NAME:(If contracting w 1` , entity is different from the owner, 0 _ o =' the contracting public entity) .c. w OBLIGEE ADDRESS: i oc- 8 di S.; OBLIGEE PHONE NO.: cp 73 r_:, BOND AMOUNT: $227,603.95 •i- a: C4 w : CS CONTRACT NO.: (If applicable) IFB No. 12/13-22 C, ix: 40 a DESCRIPTION OF WORK: The construction of the US 17-92 CRA W. 7th St. Water Main an Sewer ine C1 Extension i- w w w N J ' ixi PROJECT LOCATION: Sanford, Florida w cr °" cp _ c N :, w Cf� - LEGAL DESCRIPTION: v■ ill 01 (If applicable) 12 mar 2 ZLI W r: FRONT PAGE wAll other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be printed thereon. 2_ ix r THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. Bond No. 7653504 Executed in 3 Counterparts SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that ThadCon, LLC (Name of CONTRACTOR) 503 North Street. Daytona Beach, Florida 32114-2615 386-253-3963 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR, and Westfield Insurance Company (Name of SURETY) P.O.Box 5001,Westfield Center,OH 44251-5001 (330)887-0101 (Address of SURETY) (Phone No. of SURETY) hereinafter called SURETY, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Two hundred twenty-seven thousand six hundred three and 95/100 DOLLARS ($227,603.95) in lawful money of the United States, for the payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY, bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent(100%)of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating thereto and as theAgreement may be amended from me-to-time)with the OWNER, dated the (4 day of O y��&Y , X.-0141 a copy of which may be hereto attached, but, in any event, is ma1ftained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: US 17-92 CRA W. 7t'St.Water Main and Sewer Line Extension IFB No. 12/13-22 (Name of Project) (Contract No.) The Project is briefly described as: The construction of approximately 1730-ft of new 8" water main along the south side of 8th Street from the west side of the CSX railroad extending east across US 17-92 connecting to an existing 10" water main and extending south along Maple US 17-92 CRA W.7th St.Water Main and Sewer Line Extension PERFORMANCE BOND 00605-1 SPECUBOOI5O9 Ave. from 8th St. to 11th St. The proposed construction also consists of approximately 115 LF of new 4" force main on 81h Street from the west side of the CSX railroad east connecting to an existing manhole. The proposed construction includes jack and bore crossings of US 17-92 and CSX railroad R/W and directional bore street crossings. This Bond is being entered into to, at a minimum, satisfy the requirements of Section 255.05, Florida Statutes, and to satisfy the terms and conditions the Agreement. The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW,THEREFORE,the condition of this obligation is such that if CONTRACTOR: 1. Promptly and faithfully performs all of its duties and responsibilities as well as all of the covenants, terms, conditions, and agreements of said Agreement in its totality, in the time and manner prescribed in the Agreement to the satisfaction of the OWNER, and 2. Pays OWNER all such sums as will be sufficient to satisfy all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees (including, but not limited to, costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by CONTRACTOR under the Agreement), and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this Bond is able to be voided upon demand of the SURETY; otherwise it shall remain in full force and effect. The coverage of this Bond is co-equal with each and every obligation of the CONTRACTOR under the Agreement. In the event that the CONTRACTOR fails to perform any of the terms, covenants or conditions of the Agreement before this Bond is released by the OWNER, the SURETY shall remain liable to the OWNER for all such loss or damage. The SURETY shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expenses enumerated herein with respect to the CONTRACTOR, resulting directly or indirectly from the SURETY's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Bond. The SURETY stipulates and agrees that its obligation under this Bond is to perform the CONTRACTOR'S work under the Agreement. The following shall not be considered performance under any circumstance or in any context: (i) SURETY's financing of the CONTRACTOR under the Bond to keep CONTRACTOR from defaulting under the Agreement, or (ii) SURETY's offers to OWNER to buy back the Bond. SURETY'S election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the SURETY. The SURETY agrees that its obligation under the Bond is to: (i) fully take over performance of the CONTRACTOR's work under the Agreement in a plenary manner and be US 17-92 CRA W.7th St.Water Main and Sewer Line Extension PERFORMANCE BOND 00605-2 SPECl1B091509 the completing surety even if performance of the CONTRACTOR'S work exceeds the CONTRACTOR's contract price under the Agreement, or (ii) re-bid and re-let the CONTRACTOR'S work to a completing contractor with SURETY remaining liable for the completing contractor's performance of the CONTRACTOR'S work and furnishing adequate and full funds to complete the work in the required plenary manner. The SURETY acknowledges that its cost of completion upon default by the CONTRACTOR may exceed the contract price set forth in the Agreement. In any event, the CONTRACTOR l's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii)waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. This Bond is intended to comply, at a minimum,with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute; provided, however, that the OWNER shall be entitled to all such common law rights notwithstanding the language used herein. The SURETY agrees that this Bond shall be construed as a common law bond when such construction will benefit the OWNER. The undersigned signatories represent to the OWNER that they are authorized, permitted and empowered to execute this document and bind the entity or person for which they are executing this document and recognize that the OWNER is relying, to its detriment, upon the signature set forth below and the representations, promises, covenants, guarantees and assurances made herein. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension PERFORMANCE BOND 00605-3 SPEC118091509 r IN WITNESS WHEREOF,this instrument is executed this the day of Thadcon LLC CONTRACT• - - Authority ? x �C •R_A ,'�ting Authority CONTR. ' O Sig - ory A thority T•.d R. S' emore III -n B. �( ffee - anag ember �` l ' Ty,-dN- ' ea.dTitl- ,;,.,L,t„ ,�,s 4 44'..4 ' 503 North Street -t SEAL Address F" ,� Y .4 . ,• Daytona Beach. Florida 32114-2615 t rr 11-S- ' ONTRACTOR) City, State, Zip Deborah Hanley 386-253-3963 386-257-9676 Typed Name Telephone No. Facsimile No. ATTEST: SURETY • r i Westfield Insurance Company /� SURETY "' ' fir_TY) Secretary �•0d1u€{lf I,Fart.i Reich (330)887-0101 (330)887-0840 .."4 ,. .••+•Typj' me Teleph• e No. acsimile o. °'.','“'`:'' ,. F ATE SEAL) A / i ' rah.. _ _, , �� „' =, •..;..;< , +• '=seas to SURETY Attorney-in-Fact&FL Licensed Resi•= Agent '"'0�.,�� 'd,`V °'� Don Bramlage (386) -0507 Auniti Navarra Typed Name Typed Name -- P.O. Box 5001 Witness as to SURETY Address Westfield Center, OH 44251-5001 Typed Name City, State, Zip (330)887-0101 (330)887-0840 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond.The SURETY's obligations run as to all such parties. US 17-92 CRA W.7"'St.Water Main and Sewer Line Extension PERFORMANCE BOND 00605-4 SPECLISO97509 IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Bond on behalf of SURETY. END OF SECTION • US 17-92 CRA W.71"St.Water Main and Sewer Line Extension PERFORMANCE BOND 00605-S SPECU8091509 ' 1 THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. Bond No.7653504 Executed in 3 Counterparts SECTION 00610 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that ThadCon, LLC (Name of CONTRACTOR) 503 North Street, Daytona Beach, Florida 32114-2615 386-253-3963 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR and Westfield Insurance Company (Name of SURETY) P.O.Box 5001,Westfield Center,OH 44251-5001 (330)887-0101 (Address of SURETY) (Phone No.of SURETY) hereinafter called Surety, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Two hundred twenty-seven thousand six hundred three and 95/100 DOLLARS ($227,603.95) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating thereto and as the Agreement may be amended from time-to-time)with the OWNER, dated the day of a copy of which may be hereto attached, but, in any event, is maintained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: US 17-92 CRA W.7th St.Water Main and Sewer Line Extension IFB No. 12/13-22 (Name of Project) (Contract No.) The Project is briefly described as: The construction of approximately 1730-ft of new 8" water main along the south side of 8th Street from the west side of the CSX railroad extending east across US 17-92 connecting to an existing 10" water main and extending south along Maple US 17-92 CRA W.7th St Water Main and Sewer Line Extension PAYMENT BOND 00610-1 SPECL19091509 • I Ave.from 8th St. to 11th St. The proposed construction also consists of approximately 115 LF of new 4" force main on 81h Street from the west side of the CSX railroad east connecting to an existing manhole. The proposed construction includes jack and bore crossings of US 17-92 and CSX railroad RAW and directional bore street crossings. The SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall • promptly make payments to all claimants as defined in Sections 255.05 and 713.01, Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other intents and purposes for the benefit of the OWNER. 2. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sections 713.23 and 713.18, Florida Statutes. 3. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, before commencing to furnish labor, materials, or supplies for the prosecution of the work, or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the CONTRACTOR with a notice that he or she intends to look to this Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his or her labor, materials, or supplies shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Claimant shall deliver to the CONTRACTOR and to the SURETY written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials or supplies may be instituted against the CONTRACTOR or the SURETY on the bond after one year from the performance of the labor or completion of the delivery of the materials or supplies. 4. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the US 17-92 CRA W.7th St.Water Main and Sewer Line Extension PAYMENT BOND 00610-2 SPECL10091509 SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. Further, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. 6. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. IN WITNESS WHEREOF,this instrument is executed this the day of ThadCon LLC ATTEST: CONTRA = - ign•to• : tltiprity ';'v A 1 / ��� '•NTRA T•R ' 7-sting Authority CONTRACT :nat Aut •rity loth, Thad ' zerore, I 'f Ai)'e'en B. Chaffee Mali. : Me,ber• .^n Typed , "*and TIP" p 1�z 503 North Street 40� -r, E SEAL) Address � . • ,• Daytona Beach. Florida 32114-2615 o CONTRACTO-I City, State, Zip Deborah Hanley 386-253-3963 386-257-9676 Typed Name Telephone No. Facsimile No. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension PAYMENT BOND 00610-3 SPECUBO91509 S URETY egirOST. ce:, A, • r Westfield Insurance Company tttttIf i!r ., _- `_ •. - SURETY (,:'b.:4', ,TY)Secretary , usan _ion (330)887-0101 (330)887-0840 " � . �Yped' Telep e No. o. �J OR,, TE SEAL) " �., � � �� "'s,,,„„;1(V,Ititis as to SURETY Attorney-in-Fact &FL Licensed Resident •! t Anita Navarra Don Bramlage (386)898-050 Typed Name Typed Name P.O. Box 5001 Witness as to SURETY Address Westfield Center,OH 44251-5001 Typed Name City, State, Zip (330) 887-0101 (330)887-0840 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Bond on behalf of SURETY. END OF SECTION US 17-92 CRA W.7th St.Water Main and Sewer Line Extension PAYMENT BOND 00610-4 SPECUB091509 1 .THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER N AND ISSUED PRIOR TO 01104113,FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 0990992 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTiF1ED COPY Ohio Farmers Insurance Co. by Westfield Center, Ohio FARMERS INSURANCE COMPANY, corporations WESTFIELD after INSURANCE to Individually as aE"CompAany NATIONAL collectively as 'Companies,' organized and existing under the laws of the State of Ohlo,and having Its principal office in Westfield Center.Medina County.Ohio,do by these presents make.constitute ppo DON BRAMLAGE,JEFFREY W.REICH.LESLIE M.DONAHUE.SUSAN L.REICH,PATRICIA L.SLAUGHTER,GLORIA A. RICHARDS,TERESA L.DURHAM,CHERYL FOLEY,USA ROSELAND,JOINTLY OR SEVERALLY of MAITLAND and State of FL its true and lawful Attorney(s)•in.Fact.with full power and authority hereby conferred in its name. place and stead. to execute, acknowledge and deliver any and all bands,recognizances, undertakings, or other Instruments or contracts of suretyship. . . . . • . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . LI�MITAqTION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE. MORTGAGE DEFICIENCY, MORTGAGE GUJfRANTEEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President.sealed with the corporate seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)•in•Faa may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be it Resolved that the President.any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Afftomeydn•Fact. may be given full power and authority for and in the name of and on behalf of the Company.to execute,acknowledge and deliver.any and all bonds.recognizances,contracts,agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomeyin•Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' EM 11 Further Resolved that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8,2000). In Witness Mereof,WESTFIELO INSURANCE COMPANY.WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 04th day of JANUARY A.D.,2013 . ''"�����"" WESTFIELD INSURANCE COMPANY s�ealsa p""".Op i.e..''N"''•'!;'c>'. WESTFIELD NATIONAL INSURANCE COMPANY Maul �' Op Q. 'oz.... itsiarriltill ' '� OHI FARMERS INSURANCE COMPANY SEAL i. 2 St N=. SEAL �= 'a1 =y`• '^� 1848 • % ?° ),,,I .3 •fir iarx s;•,, ,-.O. Q State of Ohio "'""""""".� �,""""'"" Dennis P.Bars,National Surety Leader and County of Medina ss.: Senior Executive On this 04th day of JANUARY A.D..2013•before me personally came Dennis P.Bars to me known,who.being by me duly sworn did depose and say,that he resides in Wooster, Ohio;that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above Instrument:that he knows the seals of said Companies;that the seats affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like or r. Motorist SOW 0!!` * 1(. 41 .#4 i . Affixed O • �- • William J. Kahelin,A• •rney at Law,Notary Public State of Ohio M ) :eI, o My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina ss.: .1.q ', O0 rE OF ...wnw I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;and furthermore.the resolutions of the Boards of Directors.set out in the Power of Attorney are In full force and effect. In Witness Kerereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio. this day of A. ., . 11 SEAle 1g 1411/ A i re* "��Q; 1 ; i A If ow N. .,:o\. 1848 • Frank A.Camino Secrete $1.-4‘,.. ' • . • N Secretary .... %ft, .+." BPOAC2(combined)(06.02) ! 1 • 1326 S.Ridgewood Avenue,Suite#15 FLORIDA SURETY BONDS, INC• Daytona Bech, 2 386-898-0507 Fax 386-898-0510 888-786-BOND(2663) Fax 888-718-BOND(2663) www.FloridaSu retyBonds.com October 9, 2013 City of Sanford, Florida 300 North Park Avenue Sanford, FL 32771 Re: Authority to Date Bonds and Powers of Attorney Principal: Thadcon, LLC Bond No.: 7653504 Project: IFB No. 12/13-22,The construction of the US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension, Sanford, Florida Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated,please fax a copy of the bonds to our office. fncerely, s "_':'"t. Westfield Insurance Comp.. . 4 fr tt 1 ._i I +,Hal o', P p: C /' '' I -• Allvill ',:. � Cn - 1 s'." Bramlage ,-� 4, ,, ,. '.At mey-in-Fact and `"r r"•Florida Licensed Resident Agent r * 9 3.xJ A,,,,e •h �� dd CIS n�A 0 0" 1 970/9 DOCUMENT APPROVAL 1 / 13/2014 12:48 PM Contract Agreeme n t Name: Thadcon-IFB 12/13-22 US 17/92 CRA W 7th St. Water Main & Sewer Extension CPH Job No. S06106.02 '07 7 a g Mana e Date . j « sc„.1 i ( (3 11`-1 Finance Director for Date "We ak ity • ttorney Date 019-(k-119r PLCA -f t/t ° 14 97(rill) Rib Monday, January 13, 2014 —1877- PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: Mayor/City Clerk- RE: Thadcon-IFB 12/13-22 US 17/92 CRA W 7th St. Water Main & Sewer Extension CPH Job No. S06106.02 The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order X Mayor's signature I I Final Plat(original mylars) Recording ❑ Letter of Credit ❑ Rendering Maintenance Bond ❑ Safe keeping(Vault) Ordinance Deputy City Manager Performance Bond ❑ Payment Bond Resolution City Manager Signature 17 City Clerk Attest/Signature Once completed,please: Return originals to Purchasing ❑ Return copies Special Instructions: From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc III Architects M/E/P 500 West Fulton Street C /� Engineers Planners Sanford,FL 32771 V Environmental Surveyors Ph.407.322.6841 Landscape Architects Traffic/Transportation Fx.407.330.0639 Letter Of Transmittal Date: January 9, 2014 To: Marisol Ordonez City of Sanford Re: US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension CPH Job No. S06106.02 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 ThadCon LLC 3 Performance Bond and Payment Bond (Originals) - Agreement Date to Once the Bonds Have been dated, please be Filled in by the City (Note: O ce t e , Y Y ( p scan and send a PDF copy) 1 Certificate of Insurance (General /Auto/ Umbrella) 1 City Required Insurance Certification (Section 00618 Executed by Thad Con) 1 Section 00620 Insurance Certification (Executed by Westfield Insurance) 1 CSX Required Railroad Protective Liability Insurance and Endorsements and Copy of E-Mail from CSX on 1/9/14 indicating its approval of the insurance THESE ITEMS ARE TRANSMITTED AS INDICATED BELOW: X For Your Use For Review and Comment As Requested For Bids Due REMARKS: Once the Agreement has been executed by the City one original needs to be returned to ThadCon (we would also like to receive a scanned copy for our records). COPY TO: SIGNED: KATRIINA BOWMAN, P.E. If enclosures are not as noted,kindly notify us at once. SECTION 00510 NOTICE OF AWARD To: ThadCon, LLC 503 North Street Daytona Beach, Florida 32114-2615 Project Name: US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension Bid No.: (IFB No. 12/13-22) The OWNER has considered the BID submitted by you, dated July 31, 2013 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $227,603.95. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this Z day of Oc,To ►Z , 7..0 13 OWNER: City of Sanford (Name of OWNER) V � By (Sig ture) Thomas J. George - Deputy City Manager (Printed Name and Title) ACCEPTANCE OF •TICE Receipt and acceptance of the above NOTI ',ARD is -reby acknowledged by ThadCon, LLC this 14th day of o_ 4:.er " ; , 2013 By Thad R. Siz- ore - -• Member Printed Na Mid Titl: / US 17-92 CRA W.7th St.Water Main and Sewer Line Extension NOTICE OF AWARD 00510-1 SECTION 00510 NOTICE OF AWARD To: ThadCon, LLC 503 North Street Daytona Beach, Florida 32114-2615 Project Name: US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension Bid No.: (IFB No. 12/13-22) The OWNER has considered the BID submitted by you, dated July 31, 2013 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $227,603.95. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 2. day of OC1O ' 12 , Zo 13 OWNER: City of Sanford (Name of OWNER) / /i/t-67 _ By (Signatu ) Thomas J. George - Deputy City Manager (Printed Name and Title) ACCEPTANCE • - ' •TIC Receipt and acceptance of the above NO IC Al AWARD is hereby acknowledged by ThadCon, LLC this 14th day of : -'bet. , 2013 /Ow—. 1111111=1 By Thad R. S' - - a•in. Member Printed N'�and�'r US 17-92 CRA W. 7th St.Water Main and Sewer Line Extension NOTICE OF AWARD 00510-1 PAPB-10619) WS xNI X Q Item No. 1 .b —1877-1 6,1 CITY COMMISSION MEMORANDUM 13-197 SEPTEMBER 23, 2013 AGENDA To: Honorable Mayor and Members of the City Co s.'►.sion PREPARED BY Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Award of Bid IFB No. 12/13-22 U.S. 17-92 CRA-7th St. Water Main and -wer Line Extension SYNOPSIS: Approval to award bid for the 7th St. water main and sewers ine extension project is requested. FISCAL/STAFFING STATEMENT: The cost of the project is $227,603.95. Funding will come from the U.S. 17-92 CRA. BACKGROUND: On March 22, 2010, the City Commission approved a resolution requesting funding from the U.S. 17-92 CRA for a water and sewer extension project near 7th Street. The agreement was approved by the CRA on August 3, 2010. On April 9, 2012 the City Commission approved the first amendment to the Interlocal Agreement removing the requirement to obtain an easement and adding the requirement for property improvements. This amendment also extended the completion work to four years. This amendment was approved by the U.S. 17-92 CRA on July 24, 2012. On July 31, 2013 bids were received for the construction of the water and sewer line extension work. Listed below are the bidders along with their base bid. Rank Bidder Name Total Base Bid 1 ThadCon LLC $227,603.95 2 Hazen Construction, LLC $246,810.00 3 TB Landmark Construction, INC. $291,377.38 4 Sun Road, Inc $298,074.43 5 Andrew Sitework, LLC $304,206.54 Attached is the consultant's recommendation to award the bid to ThadCon, LLC. LEGAL REVIEW: The City Attorney has reviewed this information. RECOMMENDATION: It is staffs recommendation to award this bid to the lowest bidder, ThadCon, in the amount of $227,603.95. SUGGESTED MOTION: "I move to approve the award of the bid to ThadCon, LLC in the amount of$227,603.95." Attachment: Consultant Recommendation Letter SECTION 00410 BID FORM PART 1 GENERAL 1.01 Description The following Bid, for the US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension (IFB No. 12/13-22), is hereby made to City of Sanford, hereafter called the Owner. This Bid is submitted by(1) ThadCon, LLC 503 North Street Daytona Beach, Florida 32114-2615 Tel: 386-253-3963 (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 /1t# Dated Number Dated Number Dated Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BID FORM NAME OF BIDDER: ThadCon, LLC 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) US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BID FORM NAME OF BIDDER: ThadCon, LLC 00410-2 W 0 CL 0 0 p O 0 ``7 p fl p 0 0 O O p 0 " 00 o O ap' O O O 0 p . O • 0 O• 0 O O O - 0 0 ri l!ti C cr •f0 cr 0 0 0 . 0 0 0 - O 0 0 0 9 .0 p' t4 M ,; t•A In M �+ .3 -j- N c� to co : 9 H E VO a O 0 o ° 0 0 0 0 0 0 0 p 0 o x 0 0 0 0 00000 Q 0 0 0 0 0 ° o O 0 D 0 0 0 d Qp p O • • 0• �? ° J p O U p o 0 fl 0 0 0 • cn p VI•Z Q 111. t, oo r 'O N r) r - 77' ° °- f� 00" r►- N `O "? TOE' t = to cn � rt � n M " _.' NI -7 ? n H O re u. P O O O m (a O N r` O CV CO O d. I. p 7r... r- r " c- r CO Q CO M N r N �, c- N- d• c- N v- O OD r N d' N CO Si a n a 0) z JJJJJJI- I- J J J J J J J W W W W W W W (1) W U) U) U) U2 a) a) M N O ,N CO C C T O N (a (f) (a (a > U U (>13''c c a) a) a) ° E E _ U) U) a) •i O 0 0 _ ..0 •.c O 0 (a (a — (7 o") rn c a) a) 0- 0- -0 -a 0 O O 2 .c a) (a (a f as r L L L C 0 .c _c X 1- 0 C Q - -t i c 0) as 0) 0 c c c c c -- J cu• X X X X X c N a) c ul W W W W O L a) > 0 ca m m a) a) a) CU a3 (a (a c p 5 is c •C c m co �/ a) C (a (6 C C Q Q a Q +� O aci 0 m o cca cca c N t f ••> (0 2 U a aa)) 0 . a) ca >, w a) -a -0 0 -0 W a) vt?C C L U a) - _ O L O 0 0 > > 0 (a (a a3 (a (a O +- N ) 2 E S .c C C > > Vva) U E m a) a) `-, .4 at co ' > > m N 0 so > > > > a css c � L � 2 . '� ,. - a. cc � - Q c -r EE E E � Q � I- Z m L C c C rn 0 _ _ N 12 a U 2 L U '(p •6 (a ( p_ ,_ > > C U a) W' N r '� m (n 0 rr U a N a) �- iZ Q (a O. ° c L C as 0 ca U U 0 Q > > -a aa) 5' n a n o m w ii s c n 0 a) 0 a) a) F- as 0 -T C W U U . U >, U > c c § o N O c c c c (n (n U U --, L a) a) _ 1- 0 = 0 C c O C O C 0 c a W Q D (A C O •( RS c C d d u_ _ - 0 Y_ N o m a) a)•> a E o o a 0 ce m O +_• 0 = , _ p 2 2 a. w Cr) -c5 LC ii o0 oo �r � v (°N h, O m co' i.% U E 000 - 0 rz U) (n m 0 a ti w ~ T 2 W a 0 r N CO d" in CO r• c0 Cr O v- N M d• 0 CO N- OO O) 0 cn Z 1-- Z , N cr) d• (n CO 1` CO (� N- c- r- v- l— N— l— N N N N N N N N N N 1- 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 SUBM 9, signed-and sealed this 31st day of July 21 ThadCon, LC Contractor 7/31/2013 By (Signature) Date Thad R Siz- vore, I - Managing Member Printed N e a Title__- 503 North Street Business Address Daytona Beach, Florida 32114 (CORPORATE SEAL) City State Zip Code 386-253-3963 386-257-9676 Telephone No. Facsimile No. thadcontreys @aol.com E-Mail Address ATTEST: � a 7/31/2013 By (Signatu ) Date Aileen B. Chaffee - Secretary Printed Name and Title END OF SECTION US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BID FORM NAME OF BIDDER: ThadCon, LLC 00410-4 SEE ATTACHED BID BOND SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) , as Principal, and (2) , as Surety, are hereby and firmly bound unto (3) , as Owner, in the penal sum of(4) Dollars ($ ) 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) a certain Bid for(5) , 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BID BOND FORM 00420-1 SEE ATTACHED BID BOND 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 day of • ATTEST: Principal By (Principal Officer) By (Signature of Officer) Typed Name and Title Typed Name and Title (CORPORATE SEAL) Address City, State, Zip Surety By: By Attorney-in-Fact Typed Name and Title Typed Name and Title (SEAL) Address City, State, Zip Telephone No. Facsimile No. END OF SECTION US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BID BOND FORM 00420-2 SECTION 00430 TRENCH SAFETY FORM Bidder acknowledges that included in the various items of the proposal contained on the Bid Form are costs for complying with the Florida Trench Safety Act (FS 553.60-553.64). The Bidder further identifies the cost of compliance with the applicable trench safety standards for the project as follows (Bidder to attach additional sheets as necessary to identify all costs): Trench Safety Measure Units of Measure Unit Unit Cost Extended (Description) (LF, SF, SY) Quantity Cost A .5101:r1 LF 1 15-0 °• l� y5-0,0-- TOTAL $ 1, S O(oo- 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 31st day of July 2013 �) ThadCon, LLC Bidder Signature Thad R. Sizem•' e, III Managing Member Printed N- a an. (tie ATTEST: 7/31/2013 Signature Date (SEAL) END OF SECTION US 17-92 CRA W.7th St.Water Main and Sewer Line Extension TRENCH SAFETY FORM 00430-1 SPECLIB052803 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 -- - - atives, owners, employees, or parties in interest, including the individua ..'.ning this doc ment. ThadCon, LLC Bidder i 7/31/2013 Signature of Authorized R rese tative (Affiant) Date Thad R. S' emore III - Manaing Member Printed or Typed Na e an itle of Authori d Representative (Affiant) COUNTY OF Volusia STATE OF FLORIDA US 17-92 CRA W.7th St.Water Main and Sewer Line Extension NON COLLUSION AFFIDAVIT 00432-1 On this 31st day of July , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared Thad R. Sizemore, III 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 , as identification. 61)04,1 (Notary Public in and for the County and State Af ementioned) SEAL My commission expires: September 2, 2013 DEBORAH ANN HANLEY MY COMMISSION#DD922501 END OF SECTION C` ' EXXPIRES:Septelnba 02.2013 I-W47.NOTARY Fl.N U y Difaum Aaoe.Co. • US 17-92 CRA W.7th St.Water Main and Sewer Line Extension NON COLLUSION AFFIDAVIT 00432-2 SECTION 00434 CONFLICT OF INTEREST AFFIDAVIT Project Name: US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension Bid No.: I FB 12/13-22 The Affiant identified below deposes and states that: 1. The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Bidder's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project 5. Neither the Bidder nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. I certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. I certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension CONFLICT OF INTEREST AFFIDAVIT 00434-1 ThadCon, LLC Bidder 7/31/2013 Signature of Authorized -ep -sentaf - (Affi..nt) Date Thad R. Si emore, II Man._ing Member Printed or Typed ame ant Ti e of A orized Representative (Affiant) COUNTY OF Volusia STATE OF FLORIDA On this 31st day of July , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared Thad R. Sizemore, III 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 , as identification. 61)V7 (11444 5741141211j— (Notary Public in and for the County ) SEAL My commission expires: September 2, 2013 . DEBORAH ANN HANLEY MY COMMISSION N DD922501 . I>zE :s� oz,2ots END OF SECTION `<t1:- Fl.Notary Discount Assoc.Co. I�OD7-NOTARY US 17-92 CRA W.7th St.Water Main and Sewer Line Extension CONFLICT OF INTEREST AFFIDAVIT 00434-2 SECTION 00436 • FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT Project Name: US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension Bid No.: IFB 12/13-22 The Affiant identified below attests to the following: 1. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 3. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 4. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 00436-1 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) I understand that the submission of this form to the City of Sanford is for the City only and, that this form is valid through December 31, of the calendar year in which it is filed. I also understand that i am required to inform the City prior to entering in to a contract in excess of the threshold amount provided in section 287.017, F.;ids-St ues, for category two of any change in the information contained in this form. ThadCon, LLCM 20-8366085 Bidder - FEIN No. 7/31/2013 Signature of Authorized °epre entative-(Affian ) Date Thad R. Sizemo , I/ - Ma aging Member Printed or Typed -me and itle of Autho • ed Representative (Affiant) COUNTY OF is STATE OF FLORIDA On this 31st day of July 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared Thad R. Sizemore, III 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 US 17-92 CRA W.7th St.Water Main and Sewer Line Extension FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 00436-2 personally known to me or has produced , as identification. 467/M4 6//41 (Notary Public in and for the County and Sta Aforementioned) SEAL My commission expires: September 2, 2013 R H A A HNLEY END OF SECTION MY DEBO COMMISSION NN#DD122A501 4! EXPIRES:September 02,2013 14100.3-NOTARY Fl.Notary Dimouot Arne.Co. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 00436-3 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 - - the public records status of the Bidders documents. ThadCon, LLC Bidder < 7/31/2013 Signature of Authoriz-• Represent ve (A'fiant) Date Th- a R. Si era,' e, III Managing Member Printed or Typ Name d itle of Aut.•rized Representative (Affiant) COUNTY OF usia STATE OF FLORIDA On this 31st day of July , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared Thad R. Sizemore, III 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 , as identification. &mail '�l�fiHM (Notary Public in and for the County and State Af rementioned) SEAL My commission expires: September 2, 2013 DEBORAH ANN HANLEY MY COMMISSION#DD92250I END OF SECTION - EXPIRES:September 02,2013 1400-3-NOTARY R.Notary Discount Assoc.Co. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT 00438-1 SECTION 00440 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of business. ThadCon, LLC Name of Bidder 503 North Street Daytona Beach, FL 32114 386-253-3963 thadcontreys @aol.com Address of Bidder Phone No. of Bidder Bidder E-Mail Address Bidder's Contractor's License No(s). CGC009472 and CUC1224517 (As issued by the Florida Dept. Of Business and Professional Regulation Construction Industry Licensing Board) The Bidder is (check one of the following): ( )An Individual ( ) A Partnership (X) A Corporation - LLC 503 North Street Principal Office Address: Daytona Beach, Florida 32114 1. If Bidder is a corporation, answer the following: Date of Incorporation: January 19, 2007 State of Incorporation: Florida Managing Member Thad R. Sizemore, Jr. Managing Member V1tzt161 : Thad R. Sizemore, III 2. If Bidder is an individual or a partnership, answer the following: N/A Date of Organization: Name, Address and Ownership Units of all Partners: State whether general or limited partnership: US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BIDDER QUALIFICATION AFFIDAVIT 00440-1 SPECLIB110712 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: _Yes _N/A N/A 5. How many years has the Bidder been in business as a Contractor under its present name? 6 i Years 6. Under what other former names has the Bidder operated? Thad Construction Company, Inc. 7. How many years experience in construction work has the Bidder had as a Prime Contractor? 6$ Years (ThadCon, LLC) 8. List below information concerning projects the Bidder has completed in the last five (5) years as a Prime Contractor for the type of work required for this project (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Bidder named above. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Bidder. Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount SEE ATTACHED SHEET US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BIDDER QUALIFICATION AFFIDAVIT 00440-2 SPECLIB110712 O (A co �G a) c 06 — — C - C Co CO_C C _ - C O N - • O - 15 (o C Cr) O �_ Z E = N ._ a) N O U co O O a J S p p ▪ U 3 c"o v 3 io rn > - ea Z 0 > °, rn a to I- E ;=• 4; co • ' U j 3 C - Na oes = a) - a) = cm vUi m a? IX U ci D a) o c ai -•L ° c = rn`a ra. - ,_ - 4 a) - -a o) O = m 2O V 4 Co j o O O -S - p (V N O L N � w � �a i QHH ° CIS Q� � U a�oi � � L- I � L� > U 0o� EU rnp` c o N — •� =- U 3 co o :: O a) = °� _I I J N "a 06 C o 0 c o U O Z - N a) c 3 5 00 O LL (n 0o a) coi •v a? mot 0 ° 'Ca CV ~ O ON a m•Z c N U 'C N cn U ° ° O N ° a) O L1 c ` 3 ?� v mU N °- mcn 0 U in • U) L Z 0 0 o co 0 co 0 0 0 0 0 0 VU Z N ..t. CD CO N E cri csi N I- Z m N M N co O L Z V Q N N W 0 EA 69 69 ER ER 69 L 0 0 4-• L a) a 0 w a• C Z co aa)) ao N c o � O Z co co � a) co O > r co U V Or N C al 'RI � �CO �- ON LO L. co C CO co 3 r- O M I N f� U -0 CNI ii co co J E cc °- C jM0 a) -J ( C � O C0 ' Co co CO wm a) 00 O co M N co a0 i co EA Z a W °� >,aaN ° U vim 30th Cr) C W - � � N c a) .1- F O ° O M O C O ~ Z Z " N c '- ''•' LL U 80 Co- T Q U � M OQ � 3u- m cma co -c � oI m1" a •? 0i L- v LE E w a�i � (� pZ o a) co- cQ � M cQ a) c% ma 4- U U a) --° •� � co 0 L W O u) O ,N >, U M C C.0 m O 43 42 IX N C cco CU M Q O T,_ co o a) ±- N a) E ° m co z'H c ;_ Z T•Q O QZ Z'� oc� D0 as E (i T >• cm c Urn coil o � E Z (p) U ~ L J z'N CC N O (o U) C N >, La a Y 'N 3 LL) coo o 0 T u_ V c 3 o w p U to U m co U)N W p a) U Z . w 0 Z CO Z 00 U a) J o 5 N O ca -C E .0 o c c trz .4+ w a) a) co CD a) u) E E v ✓ a) 06 a) co a)CD Cl) > � W > a c � aCo To • CO E U IY • 0 V Ear ° taoi � u- � � i° o o. as a a) 0 O o• o32o a) u ccCo c > .Co Nm cy.+ a3io-� T me E ° � °- U EZ' is v 0 ETE � 0 C E Nco � m a`) 15 N `>, m O cC ° CO 45. o co c c co m In E �O w �- Q- o ° > T C cn To (/) c L 2 al o coo �, E c O ) c3 It U. Z vI) Nm 46 E a 3 co -. as ooV UZ o '- aa) % Z ° a3i Z ? gym UQ c 0 Uj W I- - 0 w Cl) 5e Gk cid Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount 9. Has the Bidder ever failed to complete any work awarded to it? If so, state when, where and why (attach additional sheets as necessary). NO US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BIDDER QUALIFICATION AFFIDAVIT 00440-3 SPECLIB110712 10. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore (attach additional sheets as necessary). NO 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Bidder(attach additional sheets as necessary): Thad Construction Company, Inc. - General Contractor 503 North Street Daytona Beach, Florida 32114 12. What is the Bidder's bonding capacity? Ten Million Dollars 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? 2.9 Million Dollars 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: Florida Surety Bonds, Inc. 1326 S. Ridgewood Avenue Suite 15 Daytona Beach, Florida 32114 Agent: Don Bramlage 15. Has the Bidder been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). NO US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BIDDER QUALIFICATION AFFIDAVIT 00440-4 SPECLIB110712 The Bidder acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the City in awarding the contract and such information is warranted by Bidder to be true. The discovery of any omission or misstatement that materially affects the Bidder's qualifications to perform under the contract shall cause the City to reject the bid or proposal, and if after the award to cancel and terminate the award and/or contract. --) ThadCon, LLC Name of Bidder / ..— / 7/31/2013 Signature of Authoriz-•."a esen ative (•f'ant Date Tha7R.. emore, ILI - Managing Member Printed or Type.' am- -,d Title of A:thorized Representative (Affiant) COUNTY OF - STATE OF FLORIDA On this 31st day of July , 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared Thad R. Sizemore, III 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 , as identification. ��(� /^ G L� �L a-h aG&n c44/ (Notary Public in and for the County and State Aforem oned) SEAL My commission expires: September 2, 2013 DEBORAH ANN HANLEY END OF SECTION MY COMMISSION N DD922S01 10;�!• EXPIRES:September 02,2013 r_ 14100..y}IIITARY F.Notary Discount ASSOC.Co. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BIDDER QUALIFICATION AFFIDAVIT 00440-5 SPECLIB110712 SECTION 00450 CERTIFICATION OF NON-SEGREGATED FACILITIES FORM The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of its establishments. The Contractor further certifies that none of its employees are permitted to perform their services at any location under the Contractor's control during the life of this contract where segregated facilities are maintained. The Contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise. The Contractor agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 and that it will retain such certifications in its files. / J ThadCon, L Contractor --/ dimpp.-- 7/31/2013 Signature of Authorized R--•rese - - Date Thad ' . Size". - anaging Member Printed or Typed N. e and 'itle •fAuthori -d Representative END OF SECTION US 17-92 CRA W.7th St.Water Main and Sewer Line Extension CERTIFICATION OF NON-SEGREGATED FACILITIES FORM 00450-1 I SECTION 00452 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5)years? NO (Y/N) 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? NO (Y/N) 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? NO (YIN) Note: If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsi - = facts shall be cause for forfeiture of rights for further consideration of the projec '•entified. ThadCon, LLC Firm -° �' 7/31/2013 Signature of Authorize.. °epr.=se -tive Date Thad R Sizem.` - , III Managing Member Printed or Typed AV f itle of 'uthorized Representative END OF SECTION I US 17-92 CRA W.7th St.Water Main and Sewer Line Extension DISPUTES DISCLOSURE FORM 00452-1 SECTION 00454 DRUG FREE WORKPLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and Employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in item 1. 4. In the statement specified in item 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ThadCon, LLC Firm 7/31/2013 Signature ofAuthoriz=• 'eprese ive Date Thad R Siz-, ore III Managing Member Printed or Ty• -d N. e an. itle • Authorized Representative END OF SECTION US 17-92 CRA W.7th St.Water Main and Sewer Line Extension DRUG FREE WORKPLACE FORM 00454-1 SECTION 00456 UNAUTHORIZED (ILLEGAL)ALIEN WORKERS AFFIDAVIT The City of Sanford will not intentionally award publicly-funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City of Sanford shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the City of Sanford. The Affiant identified below deposes and states that: 1. The below identified Contractor does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 2. Upon request of the City, it will provide copies of Immigration Form 1-9 for each person associated with the above named company who has been or is present at the designated jobsite associated wit r project resulting from this solicitation. ThadCon, LLC Contractor - T mot- 7/31/2013 Signature of Authorized R-•resdntativ (Affiant) Date Thad R. emore, II — Managing Member Printed or Typ Na :nd Title o.°Authorized Representative (Affiant) COUNTY OF Volusia STATE OF FLORIDA On this 31st day of July 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared Thad R. Sizemore, III 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 � � //,,�� , as identification. /C e e/l CLI41 (Notary Public in and for the County and State orementioned) SEAL My commission expires: September 2, 2013 DEBORAH ANN HANLEY END OF SECTION C MY COMMISSION#DD922501 EXPIRES:Septanba:02,2013 fl NuurY Dimwit Ara.Co. ,�.}.N pTARY 1 N US 17-92 CRA W.7th St.Water Main and Sewer Line Extension UNAUTHORIZED(ILLEGAL) ALIEN WORKERS AFFIDAVIT 00456-1 SECTION 00458 E-VERIFY COMPLIANCE AFFIDAVIT Project Name: US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension Bid No.: IFB 12/13-22 The Affiant identified below attests to the following: 1. That the Contractor is currently in compliance with and throughout the term of the above identified project and will remain in compliance with Executive Order 11-02, issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ("E-Verify") System to ensure that all employees of the Contract and the Contractor's subcontractors performing work under the above- listed Contract are legally permitted to work in the United States. 2. Each Contractor that performs work under the Project referenced above shall provide the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating enrollment in the E-Verify Program. 3. The Contractor will register and participate in the work status verification for all newly hired employees of the contractor and for all subcontractors performing work on the above-listed Contract. 4. The Contractor agrees to maintain records of its compliance with the verification requirements as outlined in this Affidavit and, upon request of the any Authority having jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to provide a copy of each such verification to that Authority. 5. That all persons assigned by the Contractor or its subcontractors to perform work under the above identified project will meet the employment eligibility requirements as established by the Federal Government and the govemment of the State of Florida. 6. That the Contractor understands and agrees that its failure to comply with the verification requirements as set forth herein or its failure to ensure that all employees and subcontracts performing work under the above identified project are legally authorized to work in the United States and the State of Florida constitute a breach of contract for which the City of Sanford may immediately terminate the Contract without notice and without penalty. Contractor further understands and agrees that in the event of such termination, the Contractor shall be liable to the City for any costs incurred by the City as a result of the Contractor's breach. 7. That for the purposes of this Affidavit, the following definitions apply: "Employee"—Any person who is hired to perform work in the State of Florida. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension E-VERIFY COMPLIANCE AFFIDAVIT 00458-1 "Status Verification System" - the procedures developed under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, operated by the Department of Homeland Security and known as the "E-Verify Program", or any successor electronic I verification system that may replace the E-Verify Program. ThadCon, LLC _...., Contractor ` -_� 7/31/2013 Signature of Authorized R . - - !ant Date Thad R. S' emore, - Mana.ing Member Printed or Typed N. , e and T' e • Authori -d Representative (Affiant) COUNTY OF • _ `a STATE OF FLORIDA On this 31st day of July 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared Thad R. Sizemore, III 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 , as identification. f c // (Notary Public in and for the County and State Afore entioned) SEAL My commission expires: September 2, 2013 4DEBORAH ANN HANLEY 1/1\ MY COMMISSION#DD922501 EXPIRES:September END OF SECTION 1-Wd3-NOTARY Ft Notary Discount Assoc Co. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension E-VERIFY COMPLIANCE AFFIDAVIT 00458-2 SECTION 00460 AMERICANS WITH DISABILITIES ACT AFFIDAVIT By executing this Certification, the undersigned Contractor certifies that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the City of Sanford be held liable for the actions or omissions of the Contractor or any other party or parties to the Agreement for failure to comply with the ADA. The Contractor agrees to hold harmless and indemnify the City of Sanford, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the Contractor's acts or omissions in connection with the ADA. ThadCon, LLC Contractor 7/31/2013 Signature of Authorized Repre f ive (Affi rif) Date Thad R. Size re, I M' anagin Member Printed or Typed Nam and T' a of uthorized epresentative (Affiant) COUNTY OF Volusia STATE OF FLORIDA On this 31st day of July 20 13 , before me, the undersigned Notary Public of the State of Florida, personally appeared Thad R. Sizemore, III 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 , as identification. de-b0(4-4 atm (Notary Public in and for the County and State Afore ntioned) SEAL My commission expires: September 2, 2013 DEBORAH ANN HANLEY MY COMMISSION#DD922501 END OF SECTION C`� 1r1 EXPIRES:September 02,2013 1400y}p7ARY Fl.Notary Diwuot Assoc Co. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AMERICANS WITH DISABILITIES ACT AFFIDAVIT 00460-1 ORIGINAL SE�_C I r ,- . rnl 00 420 Executed in 1 Counterpart BID BOND FORM - ..- ESf MT that we,the undersigned, 1 Thadcon, LLC F�NOVI!ALL MEN BY THE . E t'R 9 { ) , as Principal, and (2) Westfield 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) IFB No. 12/13-22, US 17-92 CRAW 7th St.Water Main and Sewer Line Extension , 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BID BOND FORM 00420-1 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 31st da , 2013 • Thadcon LLC ATTEST: Princ'•. By (PrincipakOffic; - (Signature o c cer) v 4„w!d'f.+C Type - - a'd Title Typed Name and Title 503 North Street (CORPORATE SEAL) Address Daytona Beach, FL 32114 City, State, Zip estfie• I r urance Corn•,;•• Surety L1i vl t, ii, L t L t By. t ► By Attorney-in-Fact Antia Navarra,Witness Don Bramlage,Attorney-In-Fac . FL Lic. Reside Agent Typed Name and Title Typed Name and Title PO Box 5001 (SEAL) Address Westfield Center, OH 44251-5001 City, State, Zip 330-887-5101 Telephone No. Facsimile No. END OF SECTION US 17-92 CRA W.7th St.Water Main and Sewer Line Extension BID BOND FORM 00420-2 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER 0 AND ISSUED PRIOR TO 01/04/13,FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 0990992 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a *Company' and collectively as "Companies; duly organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center,Medina County,Ohio,do by these presents make,constitute and amoint DON BRAMLAGE,JEFFREY W.REICH.LESLIE M.DONAHUE.SUSAN L.REICH,PATRICIA L.SLAUGHTER,GLORIA A. RICHARDS,TERESA L.DURHAM,CHERYL FOLEY,LISA ROSELAND,JOINTLY OR SEVERALLY of MAITLAND and State of FL its true and lawful Attorney(s)-in.Fact,with full power and authority hereby conferred in its name, place and stead. to execute, acknowledge and deliver any and all bonds,recognizances, undertakings, or other instruments or contracts of suretyship. . . . . . . . .. . . . . . . . . . . . . • - - - - . . . . . . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors or each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: Be It Resolved,that the President.any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorneyin-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances.contracts,agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomeyin-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile.and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 0.2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 04th day of JANUARY A.D.,2013 . ,,.111,1,,, - II14i1 � Corporate Affixed p;.0u�-"pro* ''..+?S'°N'. rNSG••., "' •� -• -'�N`�' WESTFIELD NATIONAL E INSURANCE COMPANY �'f a :,9t '-:A s a OHIO FARMERS INSURANCE COMPANY 0_ iwl; :r€ SEAL a Pa it.7 ra. '_`-;, ,?p' : 1848•Vi i? • ? Krs.c21 •.......• �, ,, By 7� State of Ohio •.'��`''..,•.'..... ~""'N1f1'"'� Dennis P.Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 04th day of JANUARY A.D..2013 ,before me personally came Dennis P. Baus to me known,who.being by me duly sworn,did depose and say.that he resides in Wooster, Ohio;that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seats of said Companies;that the seals affixed to said instrument are such corporate seals:that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like or er. Notarial _ // / Seat c‘‘!";.:141.4., �/J a9 Affixed AT•1� Vi...ti William J. Kahelin,A •rney at Law. Notary Public •State of Ohio N +) i.. o My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina ss.: A -! ,p .sofa,{ ...Mot I.Frank A.Camino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors•set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center. Ohio. this 31st day of •July AD. 2013 ..,,,11.11,..,, ,,,.« ,,,rte 101,. cep o.• 'Go., '..••DATE %s�+ f 0 41,4.4.0 t- sc i� �- -l►i 4� �fD sale Jam�.-�•,_ �{it Ste. SEA.. rm: t r i"'�'�+ ` � Secretary W� -: .;ooi ;1848. 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O * r c -.4 0 0 0 0 888888888888888888888888 C) , OM .n M .n .n N N w N .n w w N N d. .n w N N N W .n .n v. .n .n w 0 .n C. ~ 3 + _ v N A A m w A O m w �n E,3 ,. E - - ro N - - ro C O N V - N m ut O m N o 0 A 0 0 0 0 0 0 0 tp b VJ O lVl+ O N 0 0 0 0 0 0 O + O O O m 0 0 ° ° 0 0 ° 0 0 0 N N 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O SECTION 00520 AGREEMENT FORM PART 1 GENERAL f� I 1.01 THIS AGREEMENT, made and entered into the I 1 day of �1QYILlA-✓. , 2014 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 ThadCon, LLC whose principal and local address is 503 North Street, Daytona Beach, Florida 32114-2615, 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. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-1 14. Certification Of Non-Segregated Facilities (Executed Form), 00450 15. Disputes Disclosure (Executed Form), 00452 16. Drug Free Workplace (Executed Form), 00454 17. Unauthorized (Illegal) Alien Workers Affidavit, 00456 18. E-Verify Compliance Affidavit, 00458 19. Americans With Disabilities Act Affidavit, 00460 20. Insurance Certificate(s) 21. Notice of Award, 00510 22. Criminal Background Check Requirements, 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. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the US 17-92 CRA W. 7th St. Water Main and Sewer Line Extension (IFB No. 12/13-22). 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-2 D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $800 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 ('/4) 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 Two hundred twenty-seven thousand six hundred three and 95/100 DOLLARS ($227,603.95). 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 US 17-92 CRA W. 7th St.Water Main and Sewer Line Extension AGREEMENT 00520-3 the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10%, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Engineer The Project has been designed by CPH, Inc., referred to in the documents as the Engineer. J. Additional Terms and Conditions 1. The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and/or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals/bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and/or service providers to provide the same goods and/or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and/or service providers for CITY projects. The CITY reserves the right to select which goods and/or services provider shall provide goods and/or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods/services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he/she/they is/are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-4 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and/or services and functions pursuant to this 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 US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-5 which, at a minimum, provides the name of the employee and the CONTRACTOR. c. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty-eight (48) hours of the CITY's written request for such information. This information will be reviewed, screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and/or work sites. d. The CONTRACTOR shall comply with Section 2-67 of the Sanford City Code as it relates to security screenings of private contractors and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning in a position critical to the security and/or public safety of the CITY by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: 1) Fingerprinting in accordance with the CITY's pre-employment procedures; 2) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. e. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and/or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City Commission to be critical to the security and/or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and/or licenses they shall not be allowed to work or continue to work in such critical positions. f. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and/or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-6 which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his/her/its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and/or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-7 21. CITY designates the City Manager or his/her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his/her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; c. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 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 US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-8 d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-9 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and/or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and/or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and/or services unless and until the CITY's designated representative 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-10 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. c. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. f. The CONTRACTOR shall submit a report to the CITY within twenty-four (24) hours of the date of any incident resulting in US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-11 damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-12 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self-insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-13 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and/or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 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. US 17-92 CRA W. 7th St.Water Main and Sewer Line Extension AGREEMENT 00520-14 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 Ill, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and/or services under this Agreement and date of final payment for said goods and/or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and/or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and/or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the 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 US 17-92 CRA W. 7m St.Water Main and Sewer Line Extension AGREEMENT 00520-15 1 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. 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-16 Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-17 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall US 17-92 CRA W. 7th St.Water Main and Sewer Line Extension AGREEMENT 00520-18 1 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. US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: ThadCon, LLC Name of Firm �� 10/14/2013 By (Signature) Ili (SEAL) Thad R. Size ire, III anaginp ember Printed Name . •• tr. ATTEST: , ,A , 9,...i.,), � 10/14/2013 By (Signature) Date Aileen B. Chaffee - Secretary Printed Name and Title OWNER: Cit of Sanford li Name of Owner -01 1sup t - 'i-i By (Signature) ' '/' Date (SEAL) Jeff Triplett, M.:yor Printed Name and Title ATTEST: r --4 QQA / - [`'t-! `f By (Signature) Date ,iarit nni,rlho pp, City Clerk Printed Name and Title Approved as to form and • I-•al suffic`ncy. áiiff a ,/q w.p„..4-..--,:e' --/ Date City Attorney jj.05\1 kjit-. Na...: (5)'‘"61Z1--- / t l ii END OF SECTION US 17-92 CRA W.7th St.Water Main and Sewer Line Extension AGREEMENT 00520-20 �,,,,..,, THADC-1 OP ID:G1 DATE(MMD/MY) Ate.--- CERTIFICATE MOD/MY) OF LIABILITY INSURANCE 12/04/2013 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 po(icy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Gina Scolaro S1HLE INSURANCE GROUP,INC. PHONE _ P.O.BOX 160398 mic,No.Exo:727-531-6800 FAX Arc, No):727-531-6855 ALTAMONTE SPRINGS,FL 32716 E-MAIL scolaro sihle.com John Hislop ADDRESSLU INSURER(S)AFFORDINGCOVERAGE I NAM II — INSURER A:Westfield Insurance Co. 124112 _ INSURED ��ThadCon,LLC INSURERS:Appalachian Underwriters Inc 503 North St. rNSURERC — Daytona Beach,FL 32114 ..._._. j INSURER D: - INSURER E: __..-.- _INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR p-DCSUBR POLICY EFF POLICY EXP UNITS LTR TYPE OF INSURANCE S SR 4WD POLICY NUMBER ,IMAVDDIYYYY) IMMIDD/YYYY1 GENERALUABIUTY EACH OCCURRENCE S 1,000,000 TRA0636991 07/25/2013 07125/2014 DAMAGE TO`RENTED 500,000 I j A X I COMMERCIAL GENERAL LIABILITY X X PREMISES(Ea occurrence) $ 10 000 ! �� X i OCCUR t.!ED EXP(Arty one Person) S , CLAIh S .ADE I- I PERSONAL a ADV INJURY $ 1,000,000 000,000 GENERAL AGGREGATE S 2,000,000 .......... PRODUCTS-COMP/OP A:GG 5 2,000,000 GENL AGGREGATE LIMIT APPLIES PER 1I I POLICY i.X 1 PRO- i I LOC I 1 5 IFCT j AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT(Ea accident) I S 1,000,000 A I X I ANY AUTO X € TRA0636991 07/25/2013 07/25/2014 BODILY INJURY(Per person) S ALL OAT4ED I SCHEDULED BODILY INJURY(Peracddenl) S AUTOS I AUTOS A4' GE PROPERTY D A X HIRED AUTOS X 1 AUP:-0:11ED 1 AUTOS (PER ACCIDENT) i S ; i 5 X UMBRELLA LIAB X OCCUR 1 EACH OCCURRENCE 15 4,000,000 A I EXCESS LIAB CLAIMS-MADE X 1TRA0636991 07/2512013 07/25/2014 AGGREGATE 1$ 4,000,000 DED RETENTIONS NC STATU- I OTH-I WORKERS COMPENSATION T I AND EMPLOYERS'UABIUTY ORYLIMITS I ER . YIN E.L.EACH ACCIDENT I S ANY PROPRIETOR7PARTr:ER/EXECUTIVE ! --- OFFICER'LIEMBEREXCLUDED? I NIA !I I (Mandatory In NH) EL DISEASE-EAEMPLOYEB S i - I I yes,dsso ibe under I DESCRIPTION OF OPERATIONS be:ov I I E.L.DISEASE-POLICY LIMIT I S B IRailRoad Protect BINDER001 1 12/04/2013 12/0412014 Occ Lmt 5,000,000 1 Agg Lmt 10,000,000 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 10t,Additional Remarks Schedule,if more space is required) Project: US 17-92 CRA W 7th St, Water Main and Sewer Line Extension City of Sanford and Engineer-CPH Engineers Inc are named as additional insured with respects to general liability including products/completed operation,automobile liability and umbrella. Waiver of Subrogation applies. 30 day notice of cancellation applies 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. Purchasing Manager 300 N Park Avenue AUTHORIZED REPRESENTATIVE Sanford,FL 32771 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD