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1670* L7 Construction, Inc. IFB 13/14-20To: City Clerk RE: L7 Construction, Inc IFB 13/14-20 Lift Station at Mayfair Golf Course The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature City Clerk Attest/Signature Once completed, please: Z Return originals to Purchasing ❑ Return copies Special Instructions: Ma4-4o4, Ordo7��- � rAh From DatV T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc limimV Contract Agreement Name: L7 Construction, Inc IFB 13/14-20 Lift Station - Mayfair Golfcourse I 44 Finance Wi'r-'ecor L 6 ry xt-t -0 -M—e Y — 1- ), Date Date Date SECTION 00410 * ZU PART1 GENERAL 1.01 Description The following Bid, for the (1) LIFT STATION - MAYFAIR GOLF COURSE IFB 13/14 -20, is hereby made to (2) City of Sanford. Florida, hereafter called the Owner. This Bid is submitted by (3) L..i IrJG . 22`i5 5Q2r�Gs L.A�JD(�'* , Bt,Vo. L O�J&wooD, r-L 32 179 .321- q72 -U25 (1) Name of Project as shown in the Invitation for Bids (2) Owner (3) Name, address, and telephone number of Bidder 1.02 The Undersigned: A. Acknowledges receipt of- 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number 1— Dated 4 v+ fj4 4- Number 2 Dated 9 Number Dated 421 I Number Dated 2 5 - t4 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. 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 IFB 13114 -20 BID FORM LIFT STATION - MAYFAIR GOLF COURSE A126)I+ 1.04 Miscellaneous Requirements and Affirmations A. Bids must be on the Bid Form. Submission package shall include two duplicate originals and 2 additional copies of complete bids including all required forms. B. I have attached the following required fully executed forms to this Bid: 1. Bid Security per Section 00420 Bidding Documents. 2. Florida Trench Safety Act Statement - Section 00430 3. Non Collusion Affidavit - Section 00432 4. Conflict of Interest Affidavit - Section 00434 5. Public Entities Crime Affidavit - Section 00436 6. Compliance With the Public Records Law Affidavit - Section 00438 7. Bidder Qualification Affidavit - Section 00440 8. Receipt of Exempt Public Records and Agreement to Safeguard - Section 00442 9. Cert. Non - Segregated Facilities — Section 00450 10. Disputes Disclosure — Section 00452 11. Drug Free Workplace Affidavit — Section 00454 12. Unauthorized (Illegal) Alien Worker Affidavit — Section 00456 13. E- Verify Compliance Affidavit — Section 00458 14. ADA Affidavit — Section - 00460 1.05 SUBMITTED, signed and sealed this 6,10 day of _i1� A to 14 Contractor 9 A_ ],A 5 it+ (Signature) Date 8 u_-r L. ,Feu &2 PP_E #of,,, -r Printed Name and Title 2295 9P, -J65 [.An1DrtJ6 gL,,JA Business Address Lan((, woop FL 32 -) ?9 (CORPORATE SEAL) City State Zip Code 32-1 -q-72,- 9325 ?32- -7912 - Telephone No. Facsimile No. ATT ST: m - - I ,,(/{�'J 5 y By (Sign ure) Date Gr 11,_,5 Printed—Name and Title IFB13/14 -20 BID FORM LIFT STATION - MAYFAIR GOLF COURSE410 -3 S SECTION 00420 r' 1 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) L7 Construction, Inc. as Principal, and (2) FOCI Insurance P3mpany as Surety, are hereby and firmly bound unto The (3) City of Sanford, Florida as Owner, in the penal sum of (4) Five Percent of the Amount Bid Dollars ($ (--- 5 %-- -) ) (5 percent of the total base bid) 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) The City of Sanford, Florida as Owner a certain Bid for (5) IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE, attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) Criy of Sanford, Florida 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 (property 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. i 00420 -1 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE INSURANCE FCCIGROUP PROTECTING BUSINESS, PROPERTY AND PEOPLE I GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation ") does make, constitute and appoint: Bryce R Guignard; Jack W Guignard; Margie L Morris; April L Lively; Jennifer L McCarta; Allyson L Foss; James Penny !, Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed ;the sum of (not to exceed $5,000,000): $5,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal signatures or facsimile seal shall be binding bond, undertaking or contract of surety.to whi In witness whereof, the FCCI Insurance Company has officers and its corporate Seal to be hereunto affixed, this yp t: /L J rfI1M QA971 ��GOpPORg11P SEAL , President iy be affixed by facsimile, and any such facsimile when so affixed and in the future with regard to any these presen s to be signed by its duly authorized day of Se tember , 2011 . { Thom s .Koval Esq., SVP, Ge ounsel, Gov ment Affairs and Corporate Secretary FCCI Insurance- Company CERTIFICATE Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 COUNTY OF "�1Ni I ADO C-f' STATE OF FLORIDA On this Z-Z- day of ('l L , 20 �, before me, the undersigned Notary Public of the State of Florida, personally appeared Li2E11 L E i-EU E7c? 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 FL b as identification. N c (Notary F(ublic in and the County and State Aforementioned) SEAL My commission expires: &- ! f e / oT /' . END OF SECTION �® kt8y °ye��., JULIE TRUJILLO ?'�' Notary Public - State of Florida W My Gomm. Expires Jun 8, 2014 Commission # DD 9 55327 432 -2 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 COUNTY OF STATE OF FLORIDA On this 7Z day of A-/` ( C L— , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared tb C-67T L FEZI 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 _F ( as identification. f (Not"blic in and"oyfhe County /and State Aforementioned) SEAL My commission expires: i e ! (0 11 JULIE TRUJILLO Notary Public - State of Florida END OF SECTION = MY Comm. Expires Jun 6, 2ot4 �'oOFft Commission # 00 965327 00434 -2 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime. subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) I understand that the submission of this form to the City of Sanford is for the city only and, that this form is valid through December 31, of the calendar year in which it is filed. I also understand that i am required to inform the City prior to entering in to a contract in excess of the threshold amount provided in section 287.017, Florida Statues, for category two of any change in the information contained in this form. 04 , )06. Signature of Authorized Rel#esentative (Affiant) gl2-� C--U-EuF(L- - PP.e-t1O &Nr Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF STATE OF FLORIDA -62, Date On this 27 -- day of e'i C' , 20 1 , before me, the undersigned Notary Public of the State of Florida, personally appeared tell) V-C-IT t-e—F ;V C3?- 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 �, FL.- -b L_. as identification. j,._., - - (i otary Public Wand for the County and State Aforementioned) SEAL My commission expires: (Q 1 (2) 1 /� END OF SECTION 00436 -2 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE MR. i JULIE TRUJILLO - Notary Public -State of Florida My Comm. Expires Jun 8, 2014 � Commission # DD 965327 Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 SECTION 00440 -1 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of business. 1-7 Lb ti�'i"p_ucri6+1 , IBC, Name of Bidder zL S5 -5PP_,mdS LAwbiwdr QLuD r Lo46-wa4D , Ft- 32-)71 3Zt - 972 -`f3L5 � iete�� _ L7co�b- �ruc�s. c��n Address of Bidder Phone No. of Bidder Bidder E -Mail Address Bidder's Contractor's License No(s). el&cl 15 116:56 (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 ( )o A Corporation Principal Office Address: 2295 SPP_irj4S L Aad�MG BWD. , LorJ&wooD, FL 32-799 2. 3 If Bidder is a corporation, answer the following: Date of Incorporation: State of Incorporation: President's Name: Vice President's Name: bis 1 2,ao7 Ft.o12-iDA gter L-u-c uEp- If Bidder is an individual or a partnership, answer the following: Date of Organization: Name, Address and Ownership Units of all Partners: State whether general or limited partnership: If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: 1% Yes _N /A 5. How many years has the Bidder been in business as a Contractor under its present name? -7 yEAI?S 6. Under what other former names has the Bidder operated? NIA 7. How many years experience in construction work has the Proposer had as a Prime Contractor? 7 YfAOL S UJ I1-4 L.7. Ito yEA#�S W rr-r PP-t-06 JS EMPwybk 8. List below information concerning comparable projects the Proposer has completed in the last five (3) 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 Proposer named above. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Proposer. Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount P�rsECk Eb?- 61t7v 6f Ric AA-A LAiLE so I1�,0415,.— RP LfPr S-rxrwa . PUMPS t- S • �ArJt%O�O 46-7-668- L61 ILt&rr r C.P. L f 01piJuc, ��F-r s�- City aF RaDY SvAl f;t 19 eVM6 tJEw PLVA&r t,.S,/ FLyGz PW8,0 (�bP�.ACt; CL�A+Ytorri' 352 -Zq 1 -'t38� cJ- +-P it, ar Cr ry of ED EAILO"T tQE,W OPOIL CoWrUL, I MQR.aUE MF+rIS OCA LA 352 - 3,51- "8$ 4 1'100(060. -- pu&rtht,, fLA -!!,0 PAP GATt: 0f,4AT4" . PW- Fic,TE2 BYPASS Crry of 4�A -Jk VAtihL as 2104 640, -- L�W C04C �NFr. MFG PAM6 s? WFA'r DA041A 366 -611- 99 IS 42." POP , M AG r06 fit. "w 9. Has the Proposer ever failed to complete any work awarded to it? If so, state when, where and why (attach additional sheets as necessary). tAD 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). N 0 00440 -2 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced F - -b as identification. N - (Not ry P blic in and for t* County and State Aforementioned) SEAL My commission expires: IQ Jf !g END OF SECTION ,��1RY „,,* °f� JULIE TRUJILLO . Notary Public - State of Florida ;� • My Comm. Expires Jun 8, 2014 Commission # DD 965327 00440 -4 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 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. 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? N$ D (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? rs0 (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? rJ 0 (Y /N) Note: If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. L-'7 tot4rkognoti, Firm A A of Authorized 611:1f -- Pp.� IaN-r Printed or Typed Name and Title of Authorized Representative END OF SECTION IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE Date Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 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: The below identified Contractor does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 2. Upon request of the City, it will provide copies of Immigration Form 1 -9 for each person associated with the above named company who has been or is present at the designated jobsite associated with any work or project resulting from this solicitation. t--- -% rdr l S_, V_0G.:�r—1 n rJ t nJG . Sign6ture of Authorized Ibpresentative ( Affiant) Printed or Typed Name and Title of Authorized Representative ( Affiant) COUNTY OF STATE OF FLORIDA On this Z2-- day of "g,( �_ , 20 i , before me, the undersigned Notary Public of the State of Florida, personally appeared L-- Tf L E -EE JF 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 f- L 1 t-._ as identification. � (Nota f y Gblic in and fV the County and State Aforementioned) SEAL My commission expires: ( t ('�' I JULIE TRUJILLO - Notary Public - State of Florida END OF SECTION ; : 4= My Comm. Expires Jun 8, 2014 Commission # DD 965327 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE Project Name: LIFT STATION - MAYFAIR GOLF COURSE Invitation for Bids No.: IFB 13/14 -20 Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF STATE OF FLORIDA On this 72-- day of "P__�[ L--- . 20 L4 . before me_ the undersigned Notary Public of the State of Florida, personally appeared �-CT 1 REF , u �`� v 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 FL a C_ , as identification. (N to Public in and Wthe County and State Aforementioned) SEAL My commission expires: Lo- f 112) 11 ( END OF SECTION REN3 IE TRUJILLO lic - State of Flori da Expires Jun 8, 2014 ion # DO 965327 00458 -2 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE SECTION 00440 ClAvo -re-, 113o .v,, ;d ?a,) TRENCH SAFETY STATEMENT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The bidder further identifies the cost of compliance with the applicable trench safety standards as follows: Trench Safety Measure (Description) A. SLOPE /ImFJC}4 Qa B. C. A TOTAL: Units of Unit Unit Cost Measure I Quantify L-F I 4-oo 19 2.50 Extended Cost ,# loco NOTE: The total cost shown herein is already included in the various items in the Total Bid Price in the Contractor's Proposal 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. Failure to complete the above and submit with the Bid Form along with other required bidding documents, may result in bid being declared non- responsive. NOTE: BEFORE EXECUTION CONTRACTOR IS REQUIRED TO REVIEW SECTION 00430. -WR 44442q. Station 00440-1 CITY COMMISSION MEMORANDUM 14-118 .TUNE 23, 201 4 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Cynthia Porter, City Clerk SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Consent Agenda ' SYNOPSIS: Approval of the consent agenda is requested. WS RM � Item No. 4 -A —L A. AWARD BID #IFB 1,3114-20 TO L7 CONSTRUCTION IN THE AMOUNT OF $105,497FOR THE MAYFAIR GOLF COURSE LIFT STATION PROJECT. SYNOPSIS: Approval to award bid # IFB 13/14 -20 to the lowest bidder for the Lift Station project at Mayfair Golf Course is requested. F'ISCAL.ISTAFFING STATEMENT: The cost of the project is $105,497. Funds are available in account number 455 - 5502 - 575- 63 -00. BACKGROUND: City requirements for competition as applicable to the subject project were met by advertising IFB 13/14 -20. Four responses were received and opened on May 6, 2014. The lowest bid was submitted by L7 Construction and reflected a cost of $115,297 which exceeds the funding available for the project. Therefore, as provided by City Procurement Policy, negotiations with the lowest responsive and responsible bidder were conducted with the following results: The utility department will perform septic tank removal and demolition for a savings of $8,300. Also, Public Works will perform the Parking Lot Pavement Repair further reducing the bid $1,500. The net result is a new total bid cost is $105,497. LEGAL, REVIEW: The City is using the standard 520 contract which was developed by the City Attorney. No other review has been requested of the City Attorney. RECOMMENDATION: Staff recommends that the City Commission approve the procurement of new playground equipment, safety surfacing and installation services from Advanced Recreational Concepts for improvements to Jinkins Circle Park, Pinehurst Park, Red Barber Park, and Derby Park in an amount not to exceed $272,500, and to authorize the City Attorney to draft all documents necessary to implement the procurement action. C. APPROVE A BUDGET TRANSFER IN AN AMOUNT NOT TO EXCEED $100,000 TO INCREASE PURCHASE ORDER NO. 33636 ISSUED TO THE MIDDLESEX CORPORATION FOR ROAD REHABILITATION. SYNOPSIS: Approval of a budget transfer amending the budget in an amount not to exceed $100,000 and increasing Purchase Order No. 33636 for road rehabilitation is requested. FISCALISTAFFING STATEMENT: Additional funding in the amount of $100,000 is requested and is available in the Fiscal Year 2013 — 2014 Local Option Gas Tax (LOGT) Additions to Reserves fund. BACKGROUND: Purchase Order No. 33636 was issued to The Middlesex Corporation (Piggyback Seminole County Contract IFB- 600562- 09 /GMG) for asphalt services. The above piggybacked contract was competitively bid and awarded to the lowest qualified bidder. The requested funding will be used for paving projects in the Kaywood Subdivision and on East 2 "a Street. LEGAL, REVIEW: The City Attorney has reviewed this matter and has no legal objection. RECOMMENDATION: It is staff's recommendation that the City Commission approve a budget transfer amending the budget in an amount not to exceed $100,000 to increase Purchase Order No. 33636 issued to The Middlesex Corporation for road rehabilitation. SUGGESTED MOTION: "I move to approve the Consent Agenda." SECTION 00530 NOTICE TO PROCEED FORM TO: L7 Construction, Inc. 2295 Springs Landing Blvd Longwood, FL 32779 Notice to Proceed Date: August 18 7014 PROJECT: IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE Sanford, FL You are hereby notified to commence WORK in accordance with the Agreement dated August 8, 2014 , This Notice authorizes the CONTRACTOR to commence construction on the Notice to Proceed date indicated above, and in accordance with the Agreement; all work shall be substantially complete within 90 calendar days of the date of this Notice to Proceed. Final completion shall be effected 30 days after the date of the substantial completion. City of Sanford By (Owner, Signature) Signature Tom George, Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE END OF SECTION LIFT STATION - MAYFAIR GOLF COURSE, SANFORD, FL IFB 13/14 -20 SECTION 00510 NOTICE OF AWARD FORM TO: L7 Construction, Inc. 2295 Springs Landing Blvd Longwood, FL 32779 NAME OF PROJECT: Mayfair Golf Course Lift Station IFB 13/14 -20 The OWNER has considered the BID submitted by you, dated April 29, 2014 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 $ 105,947.00 You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 11 day of August, 2014 ACCEPTANCE OF NOTICE - .F,.W"� -► �-�� -. J (�. j? -- ° 1 Cif; -.� e Printed Name and Title END OF SECTION 00510 -1 SECTION 00520 AGREEMENT FORM 15. Certification Of Non- Segregated Facilities (Executed Form), 00450 16. Disputes Disclosure (Executed Form), 00452 17. Drug Free Workplace (Executed Form), 00454 18. Unauthorized (illegal) Alien Workers Affidavit, 00456 19. E- Verify Compliance Affidavit, 00458 20. Americans With Disabilities Act Affidavit, 00460 21. Financial Information (Executed Form) (If Required by City), 00462 22. Criminal Background Check Requirements (if Required for Project by City), 00525 23. Insurance Certificate(s) 24. Notice of Award, 00510 25. Notice to Proceed, 00530. 26. Consent of Surety to Final Payment (Executed Form), 00617. 27. Contractor's Application for Payment (Executed Forms), 00625. 28. Certificate of Substantial Completion, 00626. 29. Certificate of Final Completion, 00627. 30. Contractor's Partial Release of Lien (Executed Forms), 00640. 31. Subcontractor's Final Release of Lien (Executed Form), 00641. 32. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 33. Contractor's Release of Lien (Executed Form), 00645. 34. Project Field Order (Executed Form), 00940. 35. Work Directive Change (Executed Form), 00945. 36. Change Order (Executed), 00950. 37. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Documents. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the IFB 13/14 -20 Lift Station at Mayfair Golf Course, Sanford, FL. 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 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -2 SECTION 00520 AGREEMENTFORM General Conditions, within 15 calendar days from the actual date of substantial completion. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $ 500.00 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one - fourth ('/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 ctur iit,e ; the Total Contract Price of oral 6 s op � � a �z a o,0 . oar 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. IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -3 SECTION 00520 AGREEMENT FORM H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10 %, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Additional Terms and Conditions The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and /or service providers to provide the same goods and /or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and /or service providers for CITY projects. The CITY reserves the right to select which goods and /or services provider shall provide goods and /or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods /services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -4 SECTION 00520 AGREEMENT FORM Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this 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, IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -5 SECTION 00520 AGREEMENTFORM to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. 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. 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 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -6 SECTION 00520 AGREEMENTFORM professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and /or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or 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. IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -7 SECTION 00520 AGREEMENTFORM 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his /her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Robert Beall, Project Manager City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and /or services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -8 SECTION 00520 AGREEMENT FORM C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 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 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -9 SECTION 00520 AGREEMENTFORM CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and /or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and /or services unless and until the CITY's designated representative 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 IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -10 SECTION 00520 rI:4A- :iTIQ1111111MOITivil are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. 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 IFB 13114 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -11 SECTION 00520 AGREEMENT FORM Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. The CONTRACTOR shall submit a report to the CITY within twenty - four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 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. IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -12 SECTION 00520 _u_L •- 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -13 SECTION 00520 It�i:T �uINI:tliM01: 11 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 919, 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) IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -14 SECTION 00520 AGREEMENT FORM of the /NA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and /or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and /or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or 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. IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE ITCRIZ14J,I:IZki CI1F*11bul SECTION 00520 AGREEMENTFORM 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 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. IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -16 SECTION 00520 AGREEMENTFORM 73. The CONTRACTOR shall coordinate the provision of goods and /or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and /or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -17 SECTION 00520 AGREEMENTFORM and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE T 00520 -18 SECTION 00520 AGREEMENTFORM 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Name of Firm z'� " 17 d .B� (Signature) I bate (SEAL) Printed Name and Title IFB 13/14 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -19 SECTION 00520 AGREEMENTFORM IFB 13114 -20 LIFT STATION - MAYFAIR GOLF COURSE AGREEMENT 00520 -20 SECTION 00520 AGREEMENT FORM ATTEST: -71711zl By-(SignaturR)' " Date 6-17,?,4c1j . ZwAvyfi��-/z Printed Name and Title OWNER: Citv of Sanford Name of Owner By (Signature) Jeff Triplett. Mavor I= =0 011110FUZAPTIT011111110, ATTEST: By (Signature) A h V Printed Name and Title Approved as to fofmmand Date Date IFB 13/14-20 LIFT STATION - MAYFAIR GOLF COURSE 00520-21 (SEAL) --11 -1 q AGREEMENT PI.GuIGNARD July 9, 2014 City of Sanford, Florida 300 North Park Avenue Sanford, FL 32771 -1244 �' �14 Re: Authority to Date Bonds and Powers of Attorney Principal: U Construction, Inc. Bond No.: 3300030 Project: IFB 13114 -20 Lift Station at Mayfair Golf Course Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please send a copy of the dated bonds to our office. Best regards, FCCI Insurance Company JennifIL. cCarta Attorney In Fact and Florida Licensed Resident Agent 1904 BOOTHE CIRCLE • LONGWOOD, FL 32750 PH (407) 834 -0022 (888) 220 -3780 FAX (407) 260 -1767 (888) 220 -3228 WWW.GUIGNARDCOMPANY.COM MARYANNE MDRSE, SEMlNOLE COUNTY ' PERFORMANCE BOND CLERK OF CIRCUIT COURT & COMPTROLLER BK 08313 Pgy 0955 - %3; Ougs) 'Bond 33O003O CLE�RK"E� # ��014�9��41 ' , . 00605 RECORDED 08/13/2014 02:29o13 PM CL o^ RECORDING FEES 78"00 RECORDED BY H DeVmre KNOW ALL MEN BY THESE PRESENTS: that L7 Construction, Inc. . (Name of CONTRACTOR) qQ 43OOSt. Johns Parkmmy.Genfond.FL32771. (321)972-S325 ' (Address ' 0' , � o Corporation . hereinafter called (Corporation, Partnership or Individual) Principal, and FCC| Insurance Company 0 (Name of Surety) 6300 University Porkvxav, Sanaoota, FL 34240-8424. (841) 007-3224 (Address of Surety) hereinafter called Guretv, are held and firmly bound unto hereinafter CD called OWNER, in the full and just Sum of One Hundred Fifteen Thousand Two Hundred Ninety-S and 00100 -~--- the pwy///e/u of vv/xu/ o=.. well and truly to be made, we ~''~ ~~'~~'~~~. ~~~~~~--'-' and � ---- aaoiQne, jointly and eexena||y, firmly by these presents. The eurn shall not be |eoo than one o hundred percent /10096\ of the Contract Price. THE CONDITION OF THIS OBLIGATION is that vha eo the Principal entered into a � �0 rt i Agreement with the ]VNER, dated theT8 day of _----- o copy of which is hereto attached and made o part hereof for the construction of the �� cz project identified by the footnote on this page. This bond is being entered into to satisfy the requirements of Section 255.05. Florida Statutes and the Agreement referenced obove, as the aanna may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. Jn N(]VV. THEREFORE, the condition of this obligation is such that if Principal: 1 Pronnpdy and faithfully p��nrnna ite duties, o|| the covenonto. tarnno. conditions, �- and agreements of said Agreement including, but not limited to the insurance r` pnoxioiono, guaranty period and the warranty provioione, in the time and manner prescribed in the Agreement, and �~ 2. Pays OWNER all |oaaea, dannogee, delay donnmgaa (liquidated or oo1ua|). 14 eopenoee, costs and attorneys' feee, including costs and attorney's fees on m �u appeal that DVVNEF{ sustains naau|Ung directly or indirectly from any breach or CS default by Principal under the Agreement, and 3. Satisfies all dainno and demands incurred under the Agreanoen1, and fully indemnifies and holds harmless the OWNER from all costs and dnnnegao which it ^°Oty of Sanford: � OOGO5-1 LIFT STATION ' MAYFAIR GOLF COURSE, SANFORD, FL 300 North Park Avenue Sanford, FL 32771-1244 |FB 13/14-20 3530 Country Club Rd Sanford, FL32773 (407) 668-5000 PERFORMANCE BOND may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal 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 Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) 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) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal'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 Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal 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 Principal or its estate as a result of any such proceeding. 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. Further, Principal 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. 00605 -2 LIFT STATION - MAYFAIR GOLF COURSE, SANFORD, FL IFB 13/14 -20 PERFORMANCE BOND The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply 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. The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this the day of ATTEST: Secretary (Principal) 7R P— Typed Name (CORPORATE SEAL) 6�w (Witness td—Principal) April Lively Typed Name (CORPORATE SE L) Witness to Surety Allyson Foss Typed Name Witness as to Suret 00605 -3 LIFT STATION - MAYFAIR GOLF COURSE, SANFORD, FL IFB 13/14 -20 L7 Construction, Inc. Typed Name and Title 4380 St. Johns Parkway Address Sanford, FL 32771 City, State, Zip (321) 972 -9325 (321) 972 -9325 Telephone No. Facsimile No. FCC[ Insurance Company S u rety (941) 907 -3224 (941)x643.. Telephone No. 'Facs`iVe'il �'raa p ., ty By: s Attorney -Fact "& Fli`ndy LiceQ`sedw ¢ Resident Agent F r§ Jennifer L. McCarty Typed Name° 6300 University Parkway Address Neal Ungar Typed Name PERFORMANCE BOND Sarasota, FL 34240 -8424 City, State, Zip (407) 834 -0022 (407) 260 -1767 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00605 -4 LIFT STATION - MAYFAIR GOLF COURSE, SANFORD, FL IFB 13/14 -20 00610 -1 Bond No. 3300030 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that L7 Construction, Inc. (Name of CONTRACTOR) 4380 St. Johns Parkway, Sanford, FL 32771, (321) 972 -9325 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and FCCI Insurance Company (Name of Surety) 6300 University Parkway, Sarasota, FL 34240 -8424, (941) 907 -3224 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Sanford, Florida hereinafter called OWNER, in the full and just Sum of One Hundred Fifteen Thousand Two Hundred Ninety -Seven and 00/100 DOLLARS ($ 115.297.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is h that wh eas, the Principal entered into a certain Agreement with the OWNER, dated the day of � � a copy of which is hereto attached and made a part hereof for the construction of the project identified by the footnote on this page. 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 Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty -five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is 00610 -02 ** City of Sanford: 300 North Park Avenue Sanford, FL 32771 -1244 (407) 668 -5000 LIFT STATION - MAYFAIR GOLF COURSE, SANFORD, FL IFB 13/14 -20 3536 Country Club Rd Sanford, FL 32773 not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, 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 (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal 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 Principal or its estate as a result of any such proceeding. 4. Any changes in or under the Agreement or 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. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other.` IN WIT $ HEREOF, this instrument is executed this the day of c L7 Construction, Inc. (CORPORATE SEAL) 00610 -03 LIFT STATION - MAYFAIR GOLF COURSE, SANFORD, FL IFB 13/14 -20 4380 St. Johns Parkway Address Sanford, FL 32771 City, State, Zip (Witness to Principal) April Lively Typed Name (CORPORATES AL) Witness is to Surety Allyson Foss Typed Name Witness as to Surety Neal Ungar Typed Name (321) 972 -9325 (321) 972 -9325 Telephone No. Facsimile No. FCCI Insurance Company Surety (941) 907 -3224 (941) Telephone No. Fs 0 ` Resident Agent Jennifer L. McCarta Typed Name 6300 University Parkway Address Sarasota, FL 34240 -8424 City, State, Zip 643' :rerea�� "r° ja 1 insr3d (407) 834 -0022 (407) 260 -1767 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION LIFT STATION - MAYFAIR GOLF COURSE, SANFORD, FL IFB 13/14 -20 IMPORTANT NOTICE To obtain information or file a claim: You may call FCCI Insurance Group's (FCCI)* toll -free telephone number at 1- 800 - 226 -3224. You may also write to FCCI's Claims Department at either of the following: E -mail address: newclaimftfcci- group.com Mail address: PO Box 58004 Sarasota FL 34232 -0800 ATTACH THIS NOTICE TO YOUR BOND —. `The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance Company, and National Trust Insurance Company. *' This notice is provided only as a tool to assist you with obtaining information or to file a claim. This notice is not a term or condition of your bond and does not supersede or otherwise alter those terms and conditions in any way. 1- BD -MU- 21690- NTP -11 -12 Page 1 of 1 Copyright 2012 FCCI Insurance Group. ^ FCCIGROUP zmso�ar��a PROTECTING BUSINESS. PROPERTY AND PEOPLE GENERAL OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws nfthe State uf Florida (the "CorporaUon') does make, constitute and appoint: Bryce R Guignord; Jack VVGuiQnord; Margie L KXoniy; April L Lively; Jennifer N1cCarto; AUyaonL Foss; James Penny Eaoh, its true and lawful Attonney'In-Faot, to make, execute, seal and de|ivar, for and on its behalf as aurety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $5.0OO.0OO): $6.000.000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by foceimi|e, and any such facsimile signatures orfacsimile oaa| aho|| be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which itioattached. In witness whereof, the FCC| Insurance Company has caused these presents be i d by its duly authorized officers and its corporate Seal bobe hereunto affixed, this 22 ND day of \September 2011 Attest: FCCI'TnsurMce Company Gov ment Affairs and Corporate Secretary / FCC| Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known ho me and who executed the foregoing document for the purposes expressed therein. /wmLENE CUEmAm K4y commission expires� 8/25/2O1S '~°�' ,°"� � *wCom. Sept as20m t4o. EE 213M Notary Public State ofFlorida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. AvucwE CUswAN yWy commission expinoa� Q/25/�O1G '`="' '="�» � mwCofr- SepL 25, 2016 No. sEmo09z Notary Public 1, the undersigned Secretary of ,FCCI Ins foregoing Power of Attorney remains, in ' pil for'cE Resolution of the Board of Direi ?e're'ndd'N,4 ERTIFICATE )mpany.a Florida Corporation, OO HEREBY CERTIFY that the not been revoked; and furthermore that the February 24. 2011 ver of Attorney, is now in force. this \ day of Eqfnent Affairs and Corporate 1-IONA-3592-NA-04, 11/12