Loading...
1657 Vogel Bros Building Corp IFB 13/14-03 I 16 5 7 simok tips Tuesday, March 18, 2014 —1877-- PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk - Mayor RE: Vogel Bros Building Corp., IFB 13/14-03 Sanford South Water Reclamation Center Phase II -Agreements and Bonds The item(s) noted below is/are attached and forwarded to your office for the following action(s): Development Order ® Mayor's signature Final Plat (original mylars) Recording Letter of Credit • = •eying Maintenance Bond Safe keeping (Vau ►� Ordinance Depu y ity Manager Performance Bond Payment Bond Resolution City Manager Signature X City Clerk Attest/Signature Once completed, please: I I Return originals to Purchasing ❑ Return copies Special Instructions: Executed signatures for the agreement 3/3//24/Y Mori sol, Orolo tiz From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc 0)146e6&f:ed 6/1"/t3 (1/611`i 1/1166(A.4/7 prf O DOCUMENT APPROVAL 31 1 8120 1 4 2:35 PM Contract Agreement Name: Vogel Bros Building Corp., IFB 13/14-03 Sanford South Water Reclamation Center Phase II -Agreements and Bonds 2- /f asin: anager Date Finance D'rector Date 1�� CAI,:■ 3 -/6 _/ L"lig oo ey . I Date e 1/1 rik.0%44 C.tc{,l/S'\"1/1 / 1\10-k down o ivA„., (no MW s,AN\s,„ k. 0 ) (sW,(4 vtd citkeir D D TiV CeVi CDC l06 k 11 -t- d fyi / - I aeY1 oor / A/vvi ocotek A (0 , DATE: 04/03/14 PURCHASE ORDER PO NUMBER 033853 CITY OF SANFORD P.O. BOX 1788 PURCHASING OFFICE:407.688.5030 (300 NORTH PARK AVENUE) SUBMIT INVOICES TO:ACCOUNTS PAYABLE ACCOUNTS PAYABLE:407.688.5020 SANFORD, FLORIDA 32772 FINANCE DEPT. P.O.BOX 1788 FACSIMILE:407.688.5021 FLORIDA TAX EXEMPT NO.:858012621681C-8 SANFORD, FL 32772 VENDOR NO.: 11887 TO: SHIP TO: VOGEL BROS BUILDING CO CITY OF SANFORD 2720 DRANE FIELD RD 3540 CAMERON AVE LAKELAND, FL 33811 SANFORD, FL 32773 DELIVER BY TERMS F.O.B.DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/14 NET/30 64223 ACCOUNTNO.: 452-4528-536 . 63-91 PROJECTNO.: RW1104 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER-CITY OF SANFORD UNIT OF ITEM NO. DESCRIPTION QUANTITY ISSUE UNIT COST EXTENDED COST 1 SOUTH WATER RESOURCE CENTER PH II 2435000 . 00 NA 1 . 00 2435000 . 00 EXPANSION AND IMPROVEMENTS IFB 13/14-03 RW1104 SRF 590131 SUB-TOTAL 2435000 . 00 TOTAL 2435000 . 00 / / ■ 11110 APPROVED BY: /1,4 t I r APPROVED BY: Aid PURCH'SING AGENT CITY MAN'GER ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O.MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP://WWW.SANFORDFL.GOV/DEPARTMENTS/PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING C8t?/145\ L ti WS RM x Item No. (o —1877-1 CITY COMMISSION MEMORANDUM 14019H JANUARY 27, 2014 AGENDA To: Honorable Mayor and Members of the City Co ission PREPARED BY: Paul Moore,Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Sanford South Water Resource Center / Bid# 13/14-03 SYNOPSIS: Approval to award the bid to Vogel Brothers Building Co (a Wisconsin corporate entity authorized to do business in Florida) for improvements to the South Water Resource Center is requested. FISCAL/STAFFING STATEMENT: The cost of the project is $2,435,000. Funds are available from the State of Florida SRF loan program. BACKGROUND: On December 18, 2013 bids were opened for the improvements to the Sanford South Water Resource Center. These improvements include expanding the treatment plant from 2 MGD to 3 MGD, nutrient monitoring controls, and office building modifications. Bids were received from two contractors. Below in a summary of the bid: Item Vogel Bro Building Co Wharton-Smith Inc. Base Bid Amount $2,340,000 $2,551,000 Additive Bid Item A—Oper.Build. Exp $95,000 $115,000 Additive Bid Item B—Facility Irrig $36,000 $20,000 System Exp Additive Bid Item C—Storm Ditch $95,000 $90,000 Modif s Additive Bid Item D—Reject Water Cover $350,000 $420,000 -AI Additive Bid Item E—Reject Water Cover $300,000 $400,000 -Conc *Items included are based on a final tabulation that is not apart of the original bid opening. Vogel Brothers Building Co. was the lowest bidder. This same company is currently doing the is Water Plant Improvement project. That project is progressing well. This company is a Auxiliary p p . and has a Lakeland Wisconsin Corporate entity authorized to do business in Florida Lakeland,FL office. LEGAL REVIEW: The City Attorney has reviewed this item and has no legal objections. RECOMMENDATION: It is the recommendation of CPH, our consulting engineer and staff's that the base bid with additive item"A"be awarded to Vogel Brothers Building Company at a total cost of$2,435,000. SUGGESTED MOTION: "I move to award the base bid with additive item "A" to Vogel Brothers Building Company at a total cost of$2,435,000." Attachment: Recommendation Letter from CPH Solicitation Opening document and Certification Bid Tabulation l -- -i- P-,n_ December 19, 2013 0 bi) Mr. Paul R. Moore, P.E. Ch Utilities Director City of Sanforrdl 300 N. Park Avenue Sanford, Florida 32771 Re: Recommendation to Award the Construction Contract for the Sanford South WRC - Phase II Improvements IFB # 13/14-03 CPH Project No. S06135 Dear Paul: The following are the Bid results for the Sanford South WRC - Phase II Improvements Project (IFB 13/14-03), received by the City on December 18, 2013 at 2:00 pm and the Engineer's Opinion of Probable Construction Cost(OPCC): Item Vogel Brothers Wharton-Smith, Engineer's Bldg.Co. Inc. OPCC BASE BID AMOUNT $2,551,000 Additive Bid Item A-Oper.Bldg.Exp $95,000 $115,000 a, $95.000 Additive Bid Item B-Facility lrrig System Exp $36,000 $20,000 $40.000 Additive Bid Item C-Storm.Ditch Modifs $95,000 $90,000 $105,000 Additive Bid Item D-Reject Water Cover-Al $350,000 $420,000 L $335,000 Additive Bid Item E-Reject Water Cover-Conc $300,000 $400,000 $350,000 We contacted several references for the lowest, responsive, responsible bidder, Vogel Brothers Building Company, and received favorable comments from each respondent with regard to quality of work, finishing on time, and overall cooperation. Each of the respondents indicated that Vogel Brothers Building Company has satisfactorily worked on numerous utility projects, performing various water and wastewater treatment facility improvements, collection system and forcemain projects and various utility projects as a general contractor. CPH, Inc. and the City of Sanford are currently working with Vogel Brothers Building Company on the Sanford Water Plant No. 2 - Disinfection By-Products Compliance Improvements Project. In our experience, we have found Vogel Brothers Building Company to be knowledgeable, cooperative, dependable and fair. Co /J Arb Vogel Brothers Building Company has indicated that, if awarded the Contract, they will initiate mobilization and begin the shop drawing process within three (3) weeks of the Project Notice to Proceed (NTP)as they are aware of the City's desire to expedite this Project. Based on our evaluation of the Bids, we recommend that the City of Sanford accept and authorize award of the construction contract for the following Project Elements: Project Element Contract Amount Base Bid Amount $2,340,000 Additive Bid Item A-Operations Building Expansion $95,000 Total Base Bid and Additive Bid Items Contract Price: $2,435,000 for a Total Base Bid and Additive Bid Items Amount of$2,435,000.00 to Vogel Brothers Building Company for the Sanford South WRC - Phase II Improvements (IFB 13/14-03) Project. If you have any questions or need additional information from regarding this matter, please do not hesitate to contact us. Sincerely, CPH, INC. Benjamin M. Fries Vice-President cc: David A. Gierach, P.E. (CPH- Sanford) Michael L. Coggon, AET(CPH - Sanford) Sanford South WRC: Phase II Expansion Bid Opening (IFB 13114-03) December 18, 2013 at 2:00 pm Item Vogel Brothers Bldg. Co. Wharton-Smith, Inc. Item No. 1 -Mobilization $50,000 $74,470 Item No. 2-Survey, Layout $8,000 $10,000 Item No. 3-Preconstruction Video $2,500 $600 Item No.4-Indemnification $1,000 $1,000 Item No.5-3D High Definition Laser Survey $9,930 $9,930 Item No.6-Project Cash Allowance $75,000 $75,000 Item No. 7-Site Work $13,000 $160,000 Item No.8-Stormwater Management System $105,000 $200,000 Item No.9-Tertiary Filtration System Exp. $650,000 $700,000 Item No. 10-CCC Expansion $550,000 $440,000 Item No. 11 -Chemical Feed System Modif's $36,000 $35,000 Item No. 12-Transfer Pump Station Improv's $95,000 $95,000 Item No. 13-STAC System Addition $410,000 $375,000 Item No. 14-ElectlControls/Instrum Improv's $119,570 $175,000 Item No. 15-SCADA System Modifications $215,000 $200,000 BASE BID AMOUNT $2,340,000 $2,551,000 Additive Bid Item A-Oper. Bldg. Exp $95,000 $115,000 Additive Bid Item B-Facility Irrig System Exp $36,000 $20,000 Additive Bid Item C-Storm.Ditch Modif's $95,000 $90,000 Additive Bid Item D-Reject Water Cover-Al $350,000 $420,000 Additive Bid Item E-Reject Water Cover-Conc $300,000 $400,000 Item Vogel Brothers Bldg. Co. Wharton-Smith, Inc. Bid Form ✓ ✓ Bid Security ✓ ✓ Qualifications Statement ✓ ✓ Bid Bond Form (if Bid Bond used) ✓ ✓ Corporate Resolution Form ✓ ✓ Public Entity Crimes Affidavit ✓ ✓ Criminal Background Check y, ✓ Requirements and Affidavit Trench Safety Act Compliance ✓ ✓ Drug-Free Workplace Certification ✓ V Non-Collusion Affidavit ✓ ✓ Conflict of Interest Affidavit ✓ ✓ Compliance with the Public Records Law Affidavit ✓ ✓ Disputes Disclosure Form ✓ ✓ Americans with Disabilities Act Affidavit ✓ ✓ Unauthorized(Illegal)Alien Workers Affidavit ✓ ✓ E-Verify Compliance Affidavit ✓ ✓ Certification of Non-Segregated Facilities ✓ ✓ Receipt of Exempt Public Records and Agreement ✓ ✓ to Safeguard Solicitation, Giving and Acceptance of Gifts Policy ✓ ✓ Acknowledgment of Receipt - Consideration for ✓ I ✓ Indemnification Certification of Compliance with the FDEP Supplementary Conditions I ✓ Acknowledgment of the 4 Addendums ✓ ✓ Engineers Estimate (Base Bid): $2,772,500 Lowest Responsive, Responsible Bidder: Vogel Brothers Building Co. Difference between Estimate and Bid (base Bid): -$432,500 CITY OF SANFORD FLORIDA PURCHASING DIVISION P.O. Box 1788—Sanford, FL 32772 Phone: 407.688.5028 SOLICITATION OPENING DOCUMENT AND CERTIFICATION (Minutes) A. Title and number, Opening Date and time: 1?-1479_3______Lori-Por- sottlh Wa 4er- R fetti- . Ca 71-A— Narc..17 ,1/2•7>t7pfl4) The opening was held on the date, time and at the location specified by the applicable Solicitation Notice, in accordance with Solicitation Notice and City of Sanford Policy with the information announced as follows: OFB-Announced the name of each bidder and the amount of their bid. RFP-Announced the name of each respondent. RFQ-Announced the name of each -s.ondent. / • Certification (1) By: '7 1 2/lad., 19/0-CJW11141-. • 114S ign. - date printed name andititle Certification (2) JII (, , ,a. Signature V date printed name and title Note: Tabulation sheet shall be attached to this certification /All submissions opened and announced. Solicitation(s) not opened and/or announced; indicate each including submitted by and reason for non opening and/or announced: TABULATION Bidder/Company Price Vol e,( So-,071 &Ail 6.1-2/ 340,0co.- W flador 51/77).-R f ,Ac, #.2 1 551 00. - J Note- blank columns ate to be labeled if used for specific additional pricing information or other items. Check here if tabulation is attached in lieu of using the above tabulation. re). 7FO111 UpRib Tuesday, April 01, 2014 —1877-- PURCHASING DEPARTMENT r TRANSMITTAL MEMORANDUM To: City Clerk RE: Record Bonds for the Sanford South WRC Phase II Expansion IFB 13/14-03 Vogel Bros Building Co., The item(s)noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order n Mayor's signature ❑ Final Plat(original mylars) ® Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ❑ Safe keeping (Vault) Ordinance ❑ Deputy City Manager n Performance Bond ❑ Payment Bond n Resolution City Manager Signature ❑ n City Clerk Attest/Signature Once completed,please: ❑ Return originals to Purchasing ❑ Return copies ❑ Special Instructions: Ma-ri4o-L, Oroto-tatiz From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc AGREEMENT FORM THIS AGREEMENT, made this 31 day of March , 2014, by and between the City of Sanford, a municipal corporation of the State of Florida, holding tax-exempt status, hereinafter referred to as the Owner, and Vogel Bros. Building Co. whose principal address is 2720 Drane Field Rd., Lakeland, FL 33811 , doing business as a(n) (individual, partnership, corporation), and hereinafter referred to as the Contractor. The Owner and Contractor are collectively referred to herein as the Parties. The Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1.01 CONTRACT DOCUMENTS A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents),the Contractor's Bid, Notice to Proceed,the required Bonds and Insurance, 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 Contract Drawings, all Written Amendments, Change Orders, Work Change Directives, Field Orders, the 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 Owner are identified by title and number as set forth below, 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. B. The Contract Documents which comprise the entire Agreement between the Owner and the Contractor concerning the Work consist of the following: 1. This Agreement, executed by both Parties. 2. Project Manual bearing the title "Sanford South WRC: Phase II Expansion, consisting of Volume No.'s I through II, and containing all instructions, terms, general and supplementary conditions,bid documents, and technical specifications for the Project. 3. 28. Notice to Proceed (Section 00661). 29. Contractor's Partial Release of Lien Form (Section 00662). 30. Contractor's Final Release of Lien Form (Section 00663). 31. Subcontractor's Final Release of Lien Form (Section 00664). 32. Application and Certificate for Payment Form (Section 00680). 33. Contract Change Order (Section 00681). 34. Work Directive Form (Section 00683). 35. Field Order Form (Section 00685). 36. General Conditions (Section 00700). 37. Supplementary Conditions (Section 00800). 38. FDEP Supplementary Conditions (Section 00805). 39. Certificate of Substantial Completion (Section 00848). 40. Certificate of Final Completion (Section 00849). 41. Certificates of Insurance. 42. Schedule of Values 43. Additional documents that are not specifically listed above but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as part of the Contract. C. The Contract Documents may only be amended,modified or supplemented as provided in the General Conditions and amended by the Supplementary Conditions. D. These documents form the Agreement and all are as fully a part of the Agreement as if attached to this Agreement or repeated herein. As the documents indicated above are executed they shall become a part of the Owner's official set of Contract Documents. 1.02 SCOPE OF WORK A. The Contractor will commence and complete the construction of the Sanford South WRC: Phase 11 Expansion. B. The Contractor will furnish all of the material,supplies,tools, equipment,labor and other services necessary for the construction and completion of the Sanford South WRC: Phase 11 Expansion as described herein. B. Contact Information CPH 500 West Fulton Street Sanford, FL 32771 Phone No.: (407) 322-6841 Project Manager: Benjamin M. Fries (bfries(a�cphcorp.com) 1.04 CONTRACT TIME AND LIQUIDATED DAMAGES A. The Contractor will commence the work required by the Project Manual/Contract Documents within ten (10) calendar days after the date of the Notice to Proceed and shall "substantially" complete the work within two hundred forty (240) consecutive calendar days,or October22, 2014, and "finally"complete the work within two hundred seventy(270) consecutive calendar days, or November 21, 2014. B. Liquidated Damages 1. The City of Sanford is currently under an FDEP Administrative Order to complete the improvements within a specified timeframe or be fined. Therefore, the Contractor shall ensure that the project's critical path is the timely construction and testing, ready for operation, of the improvements at the Sanford South WRC. 2. It is expressly understood by both the Owner and Contractor that Time Is of the Essence with respect to the Project and Agreement and that the Owner will suffer financial loss if all of the Work is not substantially complete within the time frame identified in Article 1.04(A) above, plus any extensions thereof allowed in accordance with the General Conditions. 3. The Owner and Contractor also recognize the delays, expense and difficulties involved in proving, in a legal arbitration proceeding, the actual loss suffered by the Owner if the Work is not "substantially" complete "on-time". Accordingly, instead of requiring such proof,the Owner and Contractor agree that as liquidated damages for delay(but not as a penalty), the Contractor shall pay the Owner the sum of One Thousand Dollars ($1,000) for each calendar day that expires after the time stipulated in Article 1.04(A)above for project"substantial"completion for the various portions of the Project until the Work is substantially complete. The amount represents an estimate of the Owner's damages for regulatory agency fines, loss of use and administrative costs associated with delay. 4. After Substantial Completion, if the Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in Article 1.04(A) for "final" completion and readiness for final payment or any proper extension thereof granted by the Owner, the Contractor shall pay the Owner Eight Hundred Dollars ($800) for each calendar day that expires after the time specified in Article 1.04(A) for completion and readiness for final payment. This amount represents Owner's damages for regulatory agency fines, loss of use and administrative costs associated with delay. 2. Ninety percent(90%),with the balance being retainage of the value of materials and equipment not incorporated in the Work, but delivered, suitably stored and accompanied by documentation satisfactory to the Owner as provided in the General Conditions and amended by the Supplementary Conditions. 3. Upon Substantial Completion, the Owner may, at his option, increase total payments to the Contractor to ninety five percent (95%)of the Contract Price, with the balance being retainage, less such amounts as the Engineer shall determine, or the Owner may withhold, in accordance with the General Conditions and amended by the Supplementary Conditions. D. Final Payment 1. Upon final completion and acceptance of the Work in accordance with the General Conditions,and as amended by the Supplementary Conditions,the Owner shall pay the remainder of the Contract Price as recommended by the Engineer as provided in the General Conditions and amended in the Supplementary Conditions. E. The Contractor shall certify at the time of each progress payment that the work covered by the partial payment has been completed in accordance with the Contract Documents and that all amounts have been paid by the Contractor for which previous certificates or payment were issued and that all subcontractors and materialmen have been paid. The Contractor shall consent to joint checks with subcontractors and materialmen in the event it fails to make timely payments when due or to submit affidavits or certificates as requested herein. F. No change orders, additions, modifications or deletions shall be allowed nor compensable unless the Contractor has"prior"written approval from the Owner. Said"prior"written approval must specify the nature of the change and any adjustment to the time of completion and contract price. 1.08 CONTRACTOR'S REPRESENTATIONS A. In order to induce the Owner to enter into this Agreement, the Contractor makes the following representations: 1. The Contractor has examined and carefully studied the Contract Documents, including the Addenda listed in Article 1.07, and the other related data identified in the Bidding Documents including "technical data". 2. The Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 3. The Contractor is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work. 1. Terms used in this Agreement which are defined in Article 1 of the Section 00700, "General Conditions", will have the meanings indicated in the General Conditions and as amended in Section 00800,"Supplementary Conditions"and Section 00805, "FDEP Supplementary Conditions", and Section 00807, "Classification and Wage Determination (Davis Bacon Act)". 2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent except to the extent that the effect of this restriction may be limited by law, and unless specifically stated to the contrary in any written consent to an assignment. No assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 3. The Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto,its partners,successors,assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 4. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as defined in the Section 00700, "General Conditions", and as amended by Section 00800, "Supplementary Conditions", Section 00805, "FDEP Supplementary Conditions", harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or services supplied in the performance of this Agreement. 5. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as defined in the Section 00700, "General Conditions", and as amended by Section 00800, "Supplementary Conditions", Section 00805, "FDEP Supplementary Conditions", harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of, or as a result of the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Agreement. 6. The Contractor hereby warrants and represents to the Owner that it is competent and otherwise able to provide professional and high quality goods and/or services to the Owner by means of employees who are neat in appearance and of polite demeanor. 7. All submissions submitted by the Contractor in the proposals/bid submitted to the Owner and Engineer are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 8. The Contractor acknowledges that the Owner may retain other goods and/or service providers to provide the same goods and/or services for Owner projects. The Contractor acknowledges that the Owner, at the Owner's option, may request proposals from the Contractor and the other goods and/or service providers for Owner projects. The Owner reserves the right to select which goods and/or services provider shall provide goods and/or services for the Owner's projects. the Contractor under any Agreement resulting from this solicitation. The Owner reserves the right to require all Contractor employees, when on Owner property or project sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the Contractor. c. The Owner reserves the right to require the Contractor to provide to the Owner 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 Owner's written request for such information. This information will be reviewed,screened and verified by the Owner,prior to the employees of the Contractor entering the Owner's premises and/or project 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 Owner 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 Owner's pre-employment procedures; 2) Submission of the fingerprints to the Florida Department of Law Enforcement (FDLE) for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation (FBI)for a national criminal history evaluation. e. Such confidential information shall be used by the Owner to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the Owner 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 Owner's premises in positions found by the City Commission to be critical to the security and/or public safety of the Owner 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 Owner on all aspects of the provision of the goods and/or services. With respect to services, the Contractor shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the Contractor under this Agreement. The Contractor shall, b. Transmission of instructions, receipt of information, and interpretation and definition of Owner'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 Owner 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. 28. 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 29. The Owner 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 Owner's opinion, adequate progress is not being made by the Contractor due to the Contractor `s failure to perform; or b. If, in the Owner'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 Owner, 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 Owner; or c. The Contractor, or any employee or agent of the Contractor, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the Contractor; or d. The Contractor becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The Contractor violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the Owner's Code of Conduct. 30. In the event of any of the causes of termination, the Owner'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 Owner of corrective measures to be made within a reasonable time is not given to the Owner within seven (7) calendar days of the date of the letter, the Owner may consider the Contractor to be in default, and may then immediately terminate this Agreement. and/or services unless and until the Owner'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. 41. Upon receipt of written notice from the Owner 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 Owner. 42. 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. 43. Indemnity and Insurance a. To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless and defend the Owner,the Engineer,engineering subconsultants, their 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 Owner 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 49. Nothing in this Agreement or any action relating to this Agreement shall be construed as the Owner's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 50. The Owner 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. 51. The Contractor is an independent Contractor and not an agent, representative, or employee of the Owner. The Owner shall have no liability except as specifically provided in this Agreement. 52. All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the Owner. 53. 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. 54. 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. 55. 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 Owner. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 56. 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. 57. If the Owner 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 Owner shall so notify the Contractor, in writing. The Contractor shall immediately remove such employee or representative of the Contractor from such assignment. 58. The Contractor shall not publish any documents or release information regarding this Agreement to the media without prior approval of the Owner. 59. The Contractor shall certify, upon request by the Owner, 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. 70. 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. 71. The Owner 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 Owner 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. 72. 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. 73. In the event of any audit or inspection conducted reveals any overpayment by the Owner under the terms of the Agreement, the Contractor shall refund such overpayment to the Owner within thirty(30)days of notice by the Owner of the request for the refund. 74. The Contractor agrees to fully comply with all State laws relating to public records. 75. 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. 76. 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 Owner approval. When approved by the Owner, written notice of such assignment or transfer shall be furnished promptly to the Owner. 77. Any Contractor proposed Subcontractors shall be submitted to the Owner 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. 78. The Contractor shall coordinate the provision of goods and/or services and work product of any Owner approved Subcontractors, and remain fully responsible for such goods and/or services and work under the terms of this Agreement. notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 89. The failure of the Owner 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 Owner hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 90. In no event shall any obligation of the Owner under this Agreement be or constitute a general obligation or indebtedness of the Owner,a pledge of the ad valorem taxing power of the Owner or a general obligation or indebtedness of the Owner 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. 91. The Contractor shall not have the right to compel the exercise of the ad valorem taxing power of the Owner. 92. 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. 93. 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. 94. 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. 95. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 96. 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 Owner prior to filing suit or otherwise pursuing legal remedies. 97. 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 Owner in alternative dispute resolution procedures or which the Contractor had knowledge and failed to present during the Owner procedures. ii*OC President Title Title Date Date (SEAL) (SEAL) Attest: O r I Attest: Name: Pti-r- teE Name: milry S Sp»r 1 i n (Typed) (Typed) Title: 4-alni / C�E�C.GL Title: 5•`s--a.- -„ t � License No.: CGC1509018 INSURANCE ENDORSEMENT FORM NAME OF PROJECT: SANFORD SOUTH WRC: PHASE II EXPANSION OWNER: ENGINEER: City of Sanford CPH 300 N. Park Avenue 500 West Fulton Street Sanford, Florida 32772 Sanford, Florida 32771 THIS IS TO CERTIFY that the numbered policies identified by the attached Certificates of Insurance have been issued by the below-stated company in conformance with the limits and requirements as set forth in the Insurance Requirements, General Conditions and Supplementary Conditions. The insurance company will give at least thirty (30) days' written notice by registered mail to the Owner and the Engineer prior to any material change or cancellation of said policy or policies. ATTACH CERTIFICATES OF INSURANCE AND INDICATE TYPE OF INSURANCE,POLICY NUMBER,EFFECTIVE DATE,EXPIRATION DATE,AND LIMITS OF INSURANCE. THE CERTIFICATES OF INSURANCE ARE TO INDICATE THE NAMED INSURED,AND ARE TO IDENTIFY THE OWNER, ENGINEER AND OTHER PARTIES IDENTIFIED IN THE SUPPLEMENTARY CONDITIONS AS ADDITIONAL NAMED INSURED. THE OWNER AND ENGINEER ARE TO BE NAMED AS CERTIFICATE HOLDERS. ENDORSEMENT The Owner, the Owner's Representative, the Engineer,Architect, and their consultants, and each of their officers, agents, and employees are included as additionally named insured under said policies but only while acting in their capacity as such and only as respects operations of the originally named insured, his subcontractors, agents, and employees in the performance of the above-referenced contract. 7 ® DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 2/13/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ' REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: —HNI Risk Services PHONE PO Box 510187 (A/C,No,Ext): 262-782-3940 FAX No): 262-782-4198 ADDRESS: certs(CD,hni.Com T - --- New Berlin WI 53151 INSURER(S)AFFORDING COVERAGE I NAIC# INSURER A: Amerisure Mutual Ins.Company INSURED Vogel Bros. Building Co. INSURERB: _ INSURER C:2720 Drane Field Road INSURER D: INSURER E: ._--- - Lakeland FL 33811 INSURER 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 POLICY EFT I POLICY EXP LIMITS LTR TYPE OF INSURANCE I INSR WVD POLICY NUMBER I(MM/DD/YYYY)f(M MIDDlYYYY) GENERAL LIABILITY IADDLI SUB D , EACH OCCURRENCE $ t300 000 A Y Y CPP 2087276 5/1/13 5/1/14 !PREMSES(Ea occurrence) $300,000 X COMMERCIAL GENERAL LIABILITYI- ------ -+ ��CLAIMS-MADE" X OCCUR I MED EXP(Any one person) _$ 10,000___ PERSONAL 8 ADV INJURY i$ 1,000,000__ I !GENERAL AGGREGATE $2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: I�PR_ODUCTS-COMP/OP AGO $2 000 000_______._ 1 POLICY X 1 PRO I—�I LOC I 1 1$ ---- LITY _ I I UUMBINEU-SINGLE LIMI I AUTOMOBILE LIABILITY If(Ea accident)_ $ 'I.000 O0O A Y Y CA 2087268 5/1/13 5/1/14 BODILY INJURY(Per person)T$ X ANY AUTO -- - --ALL OWNED I SCHEDULED 1 BODILY INJURY(Per accident) $ AUTOS _11 AUTOS FPROF $ I� NON-OWNED j (Per accident) X I HIRED AUTOS i---_.I AUTOS $ A X UMBRELLA LIAB XI OCCUR I CU 2087278 5/1/13 15/1/14 1 EACH OCCURRENCE $ 15 000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 15,000,000 r)ED RETENTION ir--i --�--- -4------ i--- Wi�1S A�fll- , OTH} -------- WORKERS COMPENSA rIGN / _X I TORY LIMITS i ER A 1 AND EMPLOYERS LIABILITY YIN 1 Y WC 208/279 15/1,1 3 ��5/1/1 i _-- ANY PROPRIETOR/PARTNER/EXECUTIVE r i ! I E.L.EACH ACCIDENT I $_50_0,000" ____ OFFICE/MEMBER EXCLUDED? III NIA E.L.DISEASE-EA EMPLOYEE' $500,000 I (Mandatory in NH;If yes,describe under 11 i { I E.L.DISEASE-POLICY LIMIT I$ 500,000 - LDESL,RTITTILON CIF of FRATIONR nein,v A Leased/Rented Equipment , CPP 2087276 105/01/13 105/01/14 1 1.000,000 DESCRIPTION OF OPERATIONS i LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) . Vogel Project 1242;City of Sanford South WRC Phase II Expansion IFB 13/14-03 City of Sanford,CPH Engineers,Inc.,and each of their officers,agents and employees are included as additional insureds on the General Liability& Auto Liability with respect to liability work performed by the named insured A Waiver of Subrogation is included on the General Liability,Auto Liability CERTIFICATE HOLDER CANCELLA-I ION _ Cit of Sanford SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOT;CE WILL BE DELIVERED IN ) Attn: Purchasing Manager ACCORDANCE WITH THE POLICY PROVISIONS. 300 North Park Avenue AUTHORIZED REPRESENTATIVE Sanford FL 32771 I, ----- _7J1" u� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD HOLDER NAME: City of Sanford PAGE 2 INSURED'S NAME: Vogel Bros. Building Co. DATE:2/13/2014 and Workers' Compensation. Umbrella Follows form. Sanford South WRC: Phase II Expansion - Project Manual 00645-1 SECTION 00645 INSURANCE REQUIREMENTS Name of Project: Sanford South WRC: Phase 11 Expansion OWNER: ENGINEER: City of Sanford CPH, Inc. 300 N. Park Avenue P.O. Box 2808 Sanford, Florida 32772 Sanford, Florida 32772-2808 The following insurance requirements are required to be met, in addition to requirements defined in Section 00700, "General Conditions", and Section 00800, "Supplementary Conditions". Any conflict between the requirements contained in this Section and any other Section, it is hereby noted that the requirements of this Section as amended shall prevail. 1. The successful Bidder will be required to provide, to the Owner's Purchasing Manager and the Engineer, prior to commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined herein. Any work initiated without completion of this requirement shall be "unauthorized" and the Owner will not be responsible. The successful Bidder shall also submit the Insurance Endorsement Form presented in Section 00650 of the Project Specifications. 2. The Owner reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the Project, conditions and exposure. 3. The insurance limits indicated below and otherwise referenced are "minimum" limits acceptable to the Owner. Also, all Contractor policies shall to be considered primary to Owner coverage and shall not contain co-insurance provisions. 4. All policies are to be endorsed to include the Owner, the Engineer and their consultants, and each of their officers, agents and employees as Additional Insured, except for professional liability policies and workers compensation policies. October 14, 2013 Insurance Requirements I Sanford South WRC: Phase ll Expansion - Project Manual 00645-3 17. The insurance requirements for this project are as follows: INSURANCE COVERAGE REQUIRED MINIMUM POLICY LIMITS Worker's Compensation Employer's Liability: $1,000,000 Certificates of exemption are not acceptable in lieu of workers Each Accident: $1,000,000 compensation insurance Disease: $1,000,000 Commercial General Liability The coverage shall include bodily injury liability, Property Damage Per Occurrence: $3,000,000 liability; Personal Injury liability and Advertising injury liability Coverages shall include:Premises/Operations;Products/Completed General Aggregate: $3,000,000 Operations;Contractual liability;Independent Contractors,Explosion; Collapse;Underground Comprehensive Auto Liability,CSL Combined Single Limit: $1,000,000 Shall include"Any Auto"or shall include all of the following:owned, General Aggregate: $1,000,000 leased,hired, non-owned autos,and scheduled autos. Builder's Risk(All Risk for construction cost of Project) The coverage shall include theft,sinkholes,off-site storage,transit, installation and equipment breakdown. Permission to occupy shall be 100%of the completed value of the project included and the policy shall be endorsed to cover the interest of all parties, including the Owner, the Engineer, all contractors and subcontractors, their consultants, agents, representative and employees • 18. Certification A. It is noted that the Owner has a contractual relationship with the named Contractor, applicable to a purchase order, work order, contract or other form of commitment by the Owner, whether in writing or not and has no such contractual relationship with the Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the Owner to meet all contractual obligations and expectations of the Owner. Further, as the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the Owner will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the Owner harmless. It is understood that the Contractor may satisfy relief to the Owner for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the Owner will expect relief from the Contractor. October 14,2013 Insurance Requirements NOTICE OF AWARD FORM TO: Vogel Bros. Building Co. 2720 Drane Field Road Lakeland, FL 33811 DATE: February 10, 2014 PROJECT: SANFORD SOUTH WRC: PHASE II EXPANSION PROJECT DESCRIPTION The Project generally consists of, but is not limited to, the following elements at the Sanford South WRC: Tertiary Filtration system expansion including a cast-in-place concrete structure, one disc filtration unit, handrail/toeplate and associated equipment, piping, matting and appurtenances; chlorine contact chamber expansion including a cast- in-place concrete structure, weir gates, grating and matting, and associated equipment, piping, and appurtenances; addition of a "new" transfer pump to the existing" Transfer Pump Station and associated equipment, piping, valving and appurtenances; expansion of the "existing" Operations Building (Additive Bid Item "A"); STAC System installation; chemical feed skid and system modifications; electrical, controls, instrumentation and SCADA system improvements; site piping modifications; stormwater improvements; and miscellaneous appurtenances and ancillaries. The Owner has considered the Bid submitted by you, dated December 18, 2013 for the above-described Work, in response to the Advertisement for Bids and Instructions to Bidders. You are hereby notified that you are the apparent "Successful Bidder" on the Project referenced above. The Contract Price of your Contract for this work is Two Million Four Hundred Thirty- Five Thousand Dollars ($2,435,000) and includes all Base Bid Work plus Additive Bid Item "A" (Operations Building Expansion). Three(3)copies of each of the following Contract Documents(except Project Manual and Contract Drawings) accompany this Notice of Award (NOA): • Agreement between the Owner and Contractor • Performance Bond • Labor and Materials Payment Bond • Material and Workmanship Bond • Insurance Endorsement Form Upon compliance with the conditions precedent to be fulfilled by you, within ten (10)calendar days of this Notice of Award (NOA), that is by February 21, 2014, the Agreement will be executed by the City of Sanford, Florida and delivered to you. Please take the following actions: 1. You must deliver to the Engineer three(3)fully executed and sealed counterparts of the Agreement. 2. You must deliver with the executed Agreements three(3)completed original documents with original signatures on the Performance Bond and Labor and Materials Payment Bond in the form specified in the Contract Documents. 3. You must provide, in writing, the correct name, address, phone and FAX numbers, contact name and e-mail address of the Surety that is providing the Labor and Materials Payment and Performance Bonds and the correct name and address of the Surety's resident agent for service of process in Florida. 4. You must deliver with the executed Agreements three (3) completed, with original signatures, Certificates and Insurance Endorsements in the form specified in the Contract Documents. Failure to comply with these conditions within ten (10) calendar days from the date of this Notice of Award (NOA), will entitle the Owner to consider your Bid abandoned, to annul this Notice of Award, to declare your Bid Security forfeited, and to such other rights as may be granted by law. All of these above referenced materials, documents, etc. shall be delivered, by Certified Mail, with Return Receipt Requested, to: CPH 500 West Fulton Street Sanford, FL 32771 Attention: Benjamin M. Fries Vice-President Within ten (10) calendar days after you comply with these conditions, the Owner will return to you one (1) fully signed counterpart of the Agreement with the Contract Documents attached and the Notice to Proceed (NTP). You are required to return an acknowledged copy of this Notice of Award (NOA) to the Engineer and the Owner. Dated this 10th day of February , 2014 . City of Sanford, Florida By: U Title: _ Tom Georges Deputy City Manager ACCEPTANCE OF NOTICE OF AWARD (NOA) Receipt and acceptance of the above NOTICE OF AWARD (NOA)for the Sanford South WRC: Phase II Expansion, in Sanford, Florida is hereby acknowledged. Contractor: Vogel Bros. Building Co. Address: 2720 Drane Field Road Lakeland, FL 33811 Authorized Signature: A, _dart . Printed Name: w Title: K.E t/ %/ve. V(C ?/2_C�S/C1`—C�� Date: , 7/2// n hd co P Bond No. 105958220 o. 0- i-d 5, 0 PERFORMANCE BOND FORM w. cipo d al 7 KNOW ALL MEN BY THESE PRESENTS: That we (1) Vogel Bros. Building Co., -47� 7:I ,;; 2720 Drane Field Rd.,Lakeland,FL 33811 a a (2) Corporation organized under the laws of the State of Wisconsin = and regularly authorized to do business in the State of Florida as the Principal, hereinafter a called the Contractor, and (3) Travelers Casualty and Surety Cnrppany of gmeric� -, '�' One Tower Square,Hartford,CT 06183 a (2) Corporation o a. W1 organized under the laws of the State of Connecticut and regularly authorized to do . CO :b:: business in the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound col `c, unto the City of Sanford, Florida, hereinafter called the Owner in accordance with a Contract d hereinafter referred to, in the full and just sum of(4) Two Million Six Hundred `i ,r Seventy-Eight Thousand Five Hundred Dollars ($ 2,678 500 00 ) in n. E lawful money of the United States, for the payment of which sum well and truly to be made unto ,,,.; x- the said Owner, we, the Contractor and Surety, bind ourselves, successors, heirs, executors, o o administrators and assignees, jointly and severally, firmly by these presents. Of w ,, THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor has entered into w Ix e�: a written Agreement (including all associated Contract Documents relgtgd th reto and as the o0 .: : Agreement may be amended from time-to-time) with the Owner dated:/�/I J/, , `i t° 2014 for the work designated as the Sanford South WRC: Phase II Expansion located in ci b ,5 8 Sanford,Florida,in conformity with Contract Documents hereby referred to and made a part hereof, oo gi 1 the same to all intents and purposes as if written at length herein, in which Contract the said u 63 Contractor has contracted to perform the work specified in said Contract in accordance with the CD I.- -> terms thereof; N5 r_ 0 co so 0. The Sanford South WRC: Phase II Expansion Project is "briefly" described as follows: aa • Tertiary filtration system expansion including a cast-in-place concrete structure, one disc °• "' '".' filtration unit, handrail/toeplate and associated equipment, i in P �_ p piping,g,grating and matting and ;., appurtenances. w ,ter., ui • Chlorine contact chamber expansion including a cast-in-place concrete structure, weir J .) a gates, grating and matting, and associated equipment, piping, and appurtenances. 11 1 • Addition of a"new" transfer pump to the "existing" Transfer Pump Station and associated . equipment, piping, valving and appurtenances. CD .i.; • Expansion of the "existing" Operations Building (Additive Bid Item "A"). rn r.i ',1 LIS i (1) Contractor Name and Address Lr_' xt (2) Sole Proprietor,Partnership,or Corporation ' c> (3) Surety Name and Address X11 w (4) 110 percent of the Contract 4 ix; s, THE SAID SURETY,for value received,hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon the Owner's pursuit of its remedies against the Contractor, shall remain in full force and effect notwithstanding: 1. Amendments or modifications to the Agreement entered into by Owner and Contractor without the Surety's knowledge or consent; 2. Waivers of compliance with or any default under the Agreement granted by Owner to Contractor without the Surety's knowledge or consent; or 3. The discharge of Contractor from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, 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. THE SAID SURETY, for the value received, hereby stipulates and agrees that any changes in or under the Agreement and Contract Documents 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, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. Further, the 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 and Contract Documents. THE COVERAGE OF THIS PERFORMANCE BOND is"co-equal"with each and every obligation of the Contractor under the above referenced Agreement and the Contract Documents of which the Agreement is a part. IN THE EVENT that the Contractor shall fail to perform any of the terms,covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect,the Surety shall remain liable to the Owner for all such loss or damage. IN THE EVENT that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the Owner harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. THE SURETY STIPULATES and agrees that its obligation is to perform the Contractor's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: 1. Surety's financing of the Contractor,under the Bond,to keep the Contractor from defaulting under the Agreement; • 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. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrume is executed in several nterp rts, each one of which shall be deemed an original, this the -2/ day of / ���z , 2014. Vogel Bros. Building Co. ATTEST: Contract. Contractor's Secretary By (Signature) Eric J. Ballweg Peter C. Vogel, President Typed N e Typed Name and Title 4 2720 Drane Field Rd. (CORPORATE SEAL) Address � Lakeland, FL 33811 , City, State, Zip (Witness to Contractor) 863-646-5078 863-644-5107 Telephone No. FAX No. Mary S. Spurlin Typed Name Bond No. 105958220 LABOR AND MATERIALS PAYMENT BOND FORM KNOW ALL MEN BY THESE PRESENTS: That we (1) Vogel Bros. Building Co. a (2) Corporation organized under the laws of the State of Wisconsin and regularly authorized to do business in the State of Florida as Principal, and we (3)_ Travelers Casualty and Surety Comply pf,/,lmerica Corporation organized under the laws of the State of Connecticut and regularly authorized to do business in the State of Florida as Surety, are held and firmly bound unto the City of Sanford, Florida hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the full and just sum of(4) Two Million Six Hundred Seventy-Eight Thousand Five Hundred Dollars ($ 2,678,500.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made unto the said Owner,we bind ourselves,our heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents. WHEREAS, the said Contractor has entered into a written Agreement (including all associated contract documents rel t d theret and as the Agreement may be amended from time- to-time) with the Owner dated ta`' / , 2014, 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 the Sanford South WRC: Phase II Expansion. The Sanford South WRC: Phase II Expansion Project is "briefly" described as follows: • Tertiary filtration system expansion including a cast-in-place concrete structure, one disc filtration unit, handrail/toeplate and associated equipment, piping, grating and matting and appurtenances. • Chlorine contact chamber expansion including a cast-in-place concrete structure, weir gates, grating and matting, and associated equipment, piping, and appurtenances. • Addition of a "new" fourth transfer pump to the "existing" Transfer Pump Station and associated equipment, piping, valving and appurtenances. • Expansion of the "existing" Operations Building (Additive Bid Item "A"). (1) Contractor (2) Sole Proprietor,Partnership or Corporation (3) Surety (4)110 percent of the Contract a. Amendments or modifications to the Agreement entered into by the Owner and Contractor without the Surety's knowledge or consent; b. Waivers of compliance with or any default under the Agreement granted by the Owner to the Contractor without the Surety's knowledge or consent; or c. The discharge of the 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 Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect the Surety's obligations under this Bond and the Surety hereby waives notice of any such changes. Further,the 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. THE OWNER may sue on this Bond,and any person furnishing material or performing labor, either as an individual or as a Subcontractor, shall have the right to sue on this Bond in the name of the Owner for his use and benefit. THE 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 ADDITION,the Contractor and Surety,jointly and severally,expressly guarantee that the Owner will be held harmless from any liens, claims, demands or obligations in conjunction with materials or services provided with respect to this Contract. This Bond shall remain in effect for a period of two (2)years from the date of Final Project Acceptance by the Owner. THE SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as Contractor is bound. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in pgveral counterparts, each one of which shall be deemed an original, this the .i/ day of 1144 l'Cl7 , 2014. (CORPORATE SEAL) a ?„„Li,d,L____' Witness :nut° rely 4 Attorney-in-F-• Amy Shaver Bradley S. Babcock Typed Name Typed Name L W70N455 Cedar Pointe Ave. Wit es as to Surety Address Jennifer Bellante Cedarburg, WI 53012 Typed Name City, State, Zip 262-853-4622 262-546-0708 Telephone No. FAX No. NOTE: The date of the Bond must not be prior to date of the Agreement. If the Contractor is a joint venture, all venturers shall execute the Bond. If the 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 copy of the Power-of-Attorney appointing individual Attorney-in-Fact for execution of the Payment Bond on behalf of Surety. . WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER _A. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225943 Certificate No. 0 0 5 5 510 3 0 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Bradley S.Babcock,Becky A.Heaston,and Kimberly L.Babcock of the City of Cedarburg ,State of Wisconsin ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or vfoceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 2nd July 2013 day of '" Farmington Casualty Company t . St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company V Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I,I_ GhSU,/�� ,001Y Ito ` 1::� �N1p�? A, C; r` G g �p3 @• s f 4 F . 4 G J/O INCDfl @.Y 'Z' .l'ItORPORATFmW:"G�RPORAT ^� yf fi owED w !n .. 2_ f 0 * 1977 a t z: , tuAtroAD tams 4y'�FC '_ a L` 1 �' J. `�S 1-'• O' i CONN. n CONN. 8 ,n 951 . [� ;;SEAL/o, o,SEAL•'a o o I•y �,d Ni 1!� 7• - ��s�� �EC �1S.AN�aIJ °tr' ^'��aa dbt •a+Di .4..--.5, ''149)ANJ°_ State of Connecticut By: 'ate/ City of Hartford ss. Robert L.Raney, enior Vice President On this the 2nd day of July 2013 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Ixi.TErqe,_In Witness Whereof,I hereunto set my hand and official seal. p C My Commission expires the 30th day of June,2016. * l`G * Marie C.Tetreault,Notary Public 491 arP 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER