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1674* Halifax Paving
TO: City Clerk / City Manager or Deputy City Manager RE: Halifax Paving, Inc IFB 13/14 -10 Persimmon Ave Widening Project The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ❑ Return originals to Purchasing ❑ Return copies Special Instructions: Mo,r4o-b 0 r4 Fro TADept_ forms \City Clerk Transmittal ❑ Mayor's signature ❑ Record.g " "�" ❑ Rgud ing U .ayment Bond [_j City Manager Signature ® City Clerk Attest /Signature Contract Agreement Name: Halifax Paving, Inc IFB 13/14-10 Persimmon Ave Widening Project P u ro?a' S i n g g' js7 Date Finance kb—irect—or ' C1 Y'Attomey Date V�� �2o'ly prwce"Sserj N ' Vie-e- CQ �J T p �K SECTION 00510 NOTICE OF AWARD FORM TO: Halifax Paving, Inc 814 Hull Road Ormond Beach FL 32174 NAME OF PROJECT: Persimmon Avenue Widening Project, 1 F1 13/14 -10 The OWNER has considered the BID submitted by you, dated March 18, 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 $ 843,588.50. 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. Thomas George, Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by _ �� e y✓�ti this ' " day of By / rya -te Printed Name and Title END OF SECTION IFB 13/14 -10 Persimmon Ave Widening Project ' CITY COMMISSION MEMORANDUM 14 — 129.B AUGUST 11, 2014 AGENDA To: PREPARED BY: SUBMITTED BY: SUBJECT: SYNOPSIS: L FAR INJ to' ws RM X. � Item No. S'�+I L0 Honorable Mayor and Members of the City Commission Robert Beall, Project Manager Norton N. Bonaparte, Jr., City Manager Persimmon Avenue Widening Project Approval of Bid # 1314 -10 award to the lowest responsive and responsible bidder, Halifax Paving, Inc. and approval of a budget transfer is requested. F'ISCALISTAFFING STATEMENT: The total amount requested to be transferred is not to exceed $1,000,000 and is available in the 2nd Generation Tax Fund. These funds will be used for the contractor, contingency and post design services. The bid amount for Halifax Paving, Inc. is $843,588.50 of which $480,000 is being reimbursed by the Florida Department of Transportation (FDOT) through their Strategic Intermodal System (SIS) funding. BACKGROUND: The City of Sanford Public Works Department is planning to improve a portion of Persimmon Avenue between the Amtrak Auto Train entrance and SR 46, a distance of one quarter mile. Improvements include separate left and right turn lanes at the north end of Amtrak's Auto Train Terminal at the south end of the project. The proposed improvements are needed to provide better access to and from the Amtrak Auto Train terminal and to help address the current traffic issues and long backups within this section of Persimmon Avenue. The project will also enhance pedestrian access by extending the existing sidewalk along the west side to provide a connection with SR 46. The SIS Strategic Plan sets policies to guide decisions about which facilities in the State of Florida are designated as part of the SIS, where future SIS investments should occur, and how to set priorities among these investments given limited funding. As Persimmon Avenue is located within the Federal Highway System, this makes the road eligible for the State funding. In March 2013 the City Commission approved a Joint Participation Agreement (JPA) with FDOT to widen Persimmon Avenue by adding a turn lane at W. 1st Street and Persimmon Avenue and a turning lane located at the railroad tracks entering the Amtrak site. The City advertised an Invitation for bid in accordance with City Procurement Policy to perform the work and below is the tabulation of the three responsive and responsible companies which submitted bids: Masci General Contractor, Inc. $1,030,311.28 Stage Door II, Inc. $1,004,395.05 Halifax Paving, Inc. $843,588.50 Based on these findings and staff review of the contractors, Halifax Paving, Inc. of Ormond Beach Florida is the lowest most responsive and responsible bidder. LEGAL REVIEW: The Office of the City Attorney has reviewed and has no legal objection to the actions. RECOMMENDATION: It is staff's recommendation that the City Commission award the Bid # 1314 -10 to Halifax Paving, Inc. in an amount not to exceed $843,589 and approve the transfer of $1,000,000 for the project. SUGGESTED MOTION: "I move to award the Bid # 1314 -10 to Halifax Paving, Inc. in an amount not to exceed $843,589 and approve the budget transfer from the 2nd Generation Tax fund for the Persimmon Avenue Widening Project. Attachment: Agreement Form Budget Transfer Form SECTION 00520 AGREEMENTFORM PART 1 GENERAL �` 1.01 THIS AGREEMENT, made and entered into the day of C901 7 by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Halifax Paving, Inc, whose principal and local address is 814 Hull Road Ormond Beach FL 32174, hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section 00520 - Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00010 -1 of the Project Manual) includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Project. 3. Addenda Applicable to the Bid 4. Contractor's Bid, 00410. 5. Performance Bond, 00605. 6. Payment Bond, 00610 7. Material and Workmanship Bond, 00615. 8. Trench Safety (Executed Form), 00430 9. Non Collusion Affidavit, 00432 10. Conflict of Interest Affidavit, 00434 11. Public Entities Crime Affidavit, 00436 12. Compliance With the Public Records Law Affidavit, 00438 13. Bidder Qualification Affidavit, 00440 14. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 15. Certification Of Non - Segregated Facilities (Executed Form), 00450 Persimmon Ave Widening Project IFB 13/14 -10 00520 -1 AGREEMENT SECTION 00520 AGREEMENT FORM 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 Persimmon Avenue Widening Project: IFB 13/14 -10 . 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 180 calendar days. The work shall be finally complete, ready for Final Payment in accordance with the Persimmon Ave Widening Project IFB 13/14 -10 00520 -2 AGREEMENT SECTION 00520 AGREEMENT FORM General Conditions, within 30 calendar days from the actual date of substantial completion. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not 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 1,000.00 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one - fourth ( %) of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of eight hundred and forty three thousand, five hundred and eighty eight & fifty cents ($843,588.50). 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. Persimmon Ave Widening Project IFB 13114 -10 00520 -3 AGREEMENT SECTION 00520 AGREEMENTFORM 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 Persimmon Ave Widening Project IFB 13/14 -10 00520 -4 AGREEMENT SECTION 00520 AGREEMENT FORM Federal Occupations Safety and Health Act of 9970, 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, Persimmon Ave Widening Project IFB 13/14 -10 00520 -5 AGREEMENT SECTION 00520 AGREEMENT FORM to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty -eight (48) hours of the CITY's written request for such information. This information will be reviewed, 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 Persimmon Ave Widening Project IFB 13114 -10 00520 -6 AGREEMENT SECTION 00520 AGREEMENT FORM 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. Persimmon Ave Widening Project IFB 13114 -10 00520 -7 AGREEMENT SECTION 00520 AGREEMENT FORM 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 Email; Robert. beall(aD_sanfordfl.gov 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 Persimmon Ave Widening Project IFB 13114 -10 00520 -8 AGREEMENT SECTION 00520 AGREEMENTFORM 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 Persimmon Ave Widening Project IFB 13/14 -10 00520 -9 AGREEMENT SECTION 00520 AGREEMENT FORM 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 Persimmon Ave Widening Project IFB 13/14 -10 00520 -10 AGREEMENT SECTION 00520 AGREEMENT FORM 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. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. C. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Persimmon Ave Widening Project IFB 13/14 -10 00520 -11 AGREEMENT SECTION 00520 AGREEMENTFORM 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. Persimmon Ave Widening Project IFB 13/14 -10 00520 -12 AGREEMENT SECTION 00520 AGREEMENT FORM 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. Persimmon Ave widening Project IFB 13114 -10 00520 -13 AGREEMENT SECTION 00520 AGREEMENT FORM 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 999, 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) Persimmon Ave Widening Project IFB 13114 -10 00520 -14 AGREEMENT SECTION 00520 AGREEMENT FORM of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and /or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and /or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or 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. Persimmon Ave Widening Project IFB 13/14 -10 00520 -15 AGREEMENT 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. Persimmon Ave Widening Project IFB 13/14 -10 . 00520 -16 AGREEMENT SECTION 00520 AGREEMENT FORM 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 Persimmon Ave Widening Project IFB 13/14 -10 00520 -17 AGREEMENT SECTION 00520 AGREEMENT FORM 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. Persimmon Ave Widening Project IFB 13/14 -10 00520 -18 AGREEMENT 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 Firms mod.. am By (gignature) Date (SEAL) Printed Name and Title Persimmon Ave Widening Project IFB 13/14 -10 00520 -19 AGREEMENT SECTION 00520 AGREEMENT FORM ATTEST: 1671TIOn"; Name 0 By (SignatVr#)n 1,1 Date Printed Name and Title 13-12011411 :�, S-1 i- -1 By (Sighature) 9±14�LU�- City Clerk Printed Name and Title Date Persimmon Ave Widening Project I FB 13/14-10 END OF SECTION 00520-20 (SEAL) AGREEMENT • The insurance limits indicated above and otherwise referenced are minimum limits acceptable to the City. Also, all contractor policies shall to be considered primary to City coverage and shall not Contain co- insurance provisions. • All policies, except for professional liability policies and workers compensation policies shall name the City of Sanford as Additional Insured,. • Professional Liability Coverage, when applicable, will be defined on a case by case basis. • In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. • All limits are per occurrence and must include Bodily Injury and Property Damage. • All policies must be written on occurrence form, not on claims made Form, except for Professional liability. • Self insured retentions shall not be allowed on any liability coverage . • In the notification of cancellation: The City of Sanford shall be endorsed onto the policy as a cancellation notice recipient. Should any of the above described policies be cancelled before the expiration date thereof, notice shall be delivered to the City of Sanford in accordance with the policy provisions. • All insurers must have an A.M. Best rating of at least A -VII. • It is the responsibility of the Prime Contractor to ensure that all Subcontractors retained by the Prime Contractor shall provide coverage as defined herein before and after and are the responsibility of said Prime Contractor in all respects. • Any changes to the coverage requirements indicated above shall be approved by the City of Sanford, Risk Manager • Address of "Certificate Holder" is: City of Sanford; Attention: Purchasing Manager; P.O. Box 1788 (300 N Park Avenue); Sanford, FL 32771 Phone: 407.688.5028/5030 FAX: 407.688.5021 • All certificates of insurance, notices, etc. must be provided to the above address. Certification: The Undersigned accepts and agrees to meet all of the insurance coverage requirements, terms, conditions and certification(s) stated herein before and after and further agrees to maintain and provide the designated coverage during the life of the identified document. Also, when the coverage requirements stated herein before and after are specifically referenced by applicable solicitation, purchase order or contract document, those terms, conditions and coverage requirements are incorporated into that document as if fully set forth in verbatim . �� Pnvml, —A-Vic, Da e 2 of 2 IFB 13/14 -10 Persimmon Avenue Widening Project Insurance Requirements Title City of Sanford, Florida INSURANCE REQUIREMENTS OUTLINED BELOW APPLICABLE TO CONTRACTS FOR SERVICES WHEN THE CONTRACTOR PERFORMS ON OR OFF CITY PREMISES • LP- 11012: When contract cost exceeds $500,000; exceeds 180 days and unusual hazards exist Vendor, Contractor, bidder shall provide, to the City of Sanford "City," prior to commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Any work initiated without completion of this requirement shall be unauthorized and the City will not be responsible (Ref: items 17 and 18, standard terms and conditions included with City of Sanford Purchase Order). 2. The City reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the project, conditions and exposure. Outline of Requirements: Certification: It is noted that the City has a contractual relationship with the named vendor, contractor or provider (collectively referred hereinafter as Contractor) applicable to a purchase order, work order, contract or other form of commitment by the City of Sanford, whether in writing or not and has no such contractual relationship with the Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the City to meet all contractual obligations and expectations of the City. Further, as the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the City will expect relief from the Contractor. 1 of 2 1 FB 13/14 -10 Persimmon Avenue Widening Project Insurance Requirements UP TO VENDOR POLICY LIMITS, BUT COVERAGE REQUIRED WITH MINIMUM POLICY LIMITS OF: Workers' Compensation Employers Liability $ 1,000,000 *Certificates of exemption are not acceptable in lieu of workers Each Accident $ 1,000,000 Disease $ 1,000,000 compensation insurance Commercial General Liability shall include- Bodily injury liability, Property Damage liability; Personal Injury liability and Advertising injury liability Coverages shall include: Premises/ $ 3,000,000 Per Occurrence Operations; Products /Completed Operations, Contractual liability, $ 3,000,000 General Aggregate Independent Contractors, Explosion; Collapse; Underground. When required by the City, coverage must be provided for sexual harassment, abuse and molestation Comprehensive Auto Liability, CSL, shall include "any auto" or $ 1,000,000 Combined Single Limit shall include all of the following: owned, leased, hired, non -owned $ 1,000,000 General Aggregate autos, and scheduled autos. Certification: It is noted that the City has a contractual relationship with the named vendor, contractor or provider (collectively referred hereinafter as Contractor) applicable to a purchase order, work order, contract or other form of commitment by the City of Sanford, whether in writing or not and has no such contractual relationship with the Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the City to meet all contractual obligations and expectations of the City. Further, as the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the City will expect relief from the Contractor. 1 of 2 1 FB 13/14 -10 Persimmon Avenue Widening Project Insurance Requirements HALIF -1 OP ID: CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODNYYY) n7102/1d 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 PRODUCER Brown & Brown of FL, Inc. P.O. Box 13769 Tallahassee, FL 32317 Ron Trout 850 -656 -374 ,Alf. Nn � r:,,-850-701-0442 I A r`.. rim 850- 656 -4065 0 INSURED Halifax Paving, Inc. INSURER B:Zurich American Insurance Co 16535 Brentwood Drive, LLC INSURER c:Amer Guarantee & Liab Ins Co 26247 Durrance Properties, LLC Durrance Development, LLC INSURER D:Starr Indemnity & Liab Co PO Box 730549 INSURER E:Brid efield Casualty Ins Co 10335 Ormond Beach, FL 32173 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. TYPEOFINSURANCE ADDLSUB P C M BER POLICYEFF POLICYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 pREMiSES Ea occurrence) $ 300,00 rB X COMMERCIAL GENERAL LIABILITY X GL0576133101 07101114 07101115 CLAIMS -MADE ® OCCUR MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 X CONTRACTOR POLLUT GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 POLICYFx_1 PRO LOG Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY Ea accident) dent GL L 1,000,00 BODILY INJURY (Per person) $ C X ANY AUTO X BAP576133201 07101/14 07/01/15 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA L1A8 I X OCCUR EACH OCCURRENCE $ 10,000,00 X AGGREGATE $ 10,000,00 D EXCESS LIAR CLAWSWADE X 1000021033 07101/14 07101/15 DED I X I RETENTION 0 $ E WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE YIN N 19606097 07/01h4 07101115 WCSTATU- OTH- X ' E _TwoRY7LRAjt E.L. EACH ACCIDENT $ 500100 OFFICER /MEMBER EXCLUDED? (Mandatory In NH) N I A E.L. DISEASE -EA EMPLOYEE $ 500,00 If yes, describe under DESCRIPTION OF OPERATIONS be E.L. DISEASE - POLICY LIMIT $ 500,00 A Installation 121073076003 07101114 07/01115 Limit 500,00 A Equipment Floate 121073076003 07/01/14 07/01/15 R/L Equip 500,0 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Permission AVenue Widening Project #IFB 13/14 -10. Certificate Holder is included as an Additional Insured with regard to General Liability and Auto Liability Coverage as required by written contract. General Liability Coverage is Primary & Non - Contributory. Umbrella is Follow Form. City of Sanford Attn: Purchasing Manager PO Box 1788 Sanford, FL 32771 ACORD 26 (2010/05) CITYSA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD It A =�- WE Persimmon Avenue Reconstruction D ORIGINAL Project Specification Manual Prepared For: --10 If r--- . I I P a g e February 2013 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. (This area left blank intentionally) Persimmon Avenue Widening Project, IFB 13/14 -10 BID FORM 00410 -2 4 co a) 0 E E N a) a- N 0 0 ���5$agaa88$ AD W to d1 a (L in tiA r1 0 w C4 0 o 7 60, ca Of %0 T 0 z z C) to C) C) CIIL C)) m (o N 04 cl) a co a P- to C� LO 11 0 0 a co 0 N 0 r.- It C"NIJ to W uj (f) LL U-1 U) >- (D >- 0 >- 0 >- Cf) >- U) z z >- >- LU Z 0 w m m D w CL co 0 Z LL LL z 0 w 2i U fit uj w 0 to 0 LL C.) 0 z (1) ly, Y- Of w Z < co z D 0 0 < w w LL W < z (D Q af 0 z (D O a. CL Y. < of F LL < m M C) w z 0 Z m Z LD wm m W� m 00 x WE u uj WZ 0 w ia w w -j a. b Y- wmww M W p 0 Z uj W m w w 5 m L m ja L ti Z 0 () z < (n Z 2 w 8 0 0 o z w 0 < <Z w 0 0 w w < Z D 0 w w m 0 K -j g w 5 2 �4 < ru r. w w 0 0 w -j - JF -WF H Z y - �J.- 1TU Q� 6 D z-j5w<wwKKK9mmwwo m¢ w x C) 0 m m m M 3: M < 0 < 6 0 w -j 5 -j -JWW:EPMn(MDOODnD 2 0 < z z ::)< z W LL W w Z 0 w w w w 0 0 < 0 0 0 0 0 W C? C, to co ED C5 N C, m 0 C� 0 C? 0 C? M t M Lo 0 I tn V' Nr It 'r It %r 4 co a) 0 E E N a) a- N Ri c c 0 0 0 c 0 S 0 0 w O 1i1 V, 04 'r Vt) 0 C, cr vo vi 6 s, 6 9 e Q 0 8 , s w VV41 a 8 B F z < 0) 04 1- — co 0) Cl) m W It v N (0 LO CJ 0 0 cn V) < U) < U) < M < 0 < ¢ W z LL LL -J LL -J LL -J LL -J < W Q W z LL -J -J -i D LU O w z 0 w M z 0 bo CL Cj) 0 0 0 5 0 W cl z It z < 3: F > W U- w w 6 w w W W W 0 0 < o 0 > -P 3: W W z w w -i z - z w R z w R z a w R z of w w 0 U (D 65 V5 55 Z W < a z < 0 z < a z < 0 z < a z < m 0 8 z o< z z M z F- 0 I- 0 I- 0 I- 0 m > co < 0-i-i-i-i z J w w w 0 n- w 0 :E o 2 tY o 2 o 2 o :E 6 5 6 o o o z (D z c) z 0 z o z D W a:l w MI w 3: w X w 3: w 3: w 2: 3: wil 2: w X 0 U) 65 Fo V5 55 § F- F- F- F- F- F- W 'C�I> E-O COD - I'- C' ;: cy CY CV C, C, C) C� a CD (,l C� 0 0 C� 0 0 C� CS 0 C? w 0 — — — — . r- I r- I r- I r- 1- 1- r� t- r- Ri 1.04 Miscellaneous Requirements and Affirmations A. Bids must be on the Bid Form. (� Submission package shall include two duplicate originals and 2 additional `—V 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 g7Nday of Aptz2:: Zoty Contractor By (Signature) Date �NvP'1AS � • �.JO�Oar,C�t. _ �ZCS�{:�' -I'aT Printed Name and Title `&A Business Address Or_fvr�D &c r_t t (CORPORATE SEAL) City State Zip Code Telephone No. Facsimile No. ATTEST: By (Signature) Date LAAt�A L • _ Se C�"� � /T0J ASJ1BEZ Printed Name and Title 410 -8 1 Persimmon Avenue Widening Project, IFB 13/14 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 SECTION 00432 -1 NON COLLUSION AFFIDAVIT The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individual signing this document. i .. - q- - % -1-t Signziture of Authorized Representative ( Affiant) Date Printed or Typed Name and Title of Authorized Representative (Affiant) Persimmon Avenue Widening Project IFB 13114 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: iFB 13/14 -10 SECTION 00434 -1 CONFLICT OF INTEREST AFFIDAVIT The Affiant identified below deposes and states that: The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Bidder's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project 5. Neither the Bidder nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. 1 certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. 1 certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. Bidder y — %- IA Signature of Authorized Representative ( Affiant) Date Printed or Typed Name and Title of Authorized Representative ( Affiant) Persimmon Avenue Widening Project 1FB 13/14 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 SECTION 00436 -1 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT The Affiant identified below attests to the following: I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty -six (36) months shall be considered an affiliate. 4. 1 understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) _ C Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in Persimmon Avenue Widening Project IFB 13114 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers /Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity which pages /paragraphs of their bid /proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of.the Bidders documents. nature of Autho Printed or Typed Name and Title of COUNTY OF STATE OF FLORIDA (Affiant) Representative (Affiant) ,4 - % -t i Date On this wit-A day of - !-1 1 I 2 =t_ , 20 11-4 , before me, the undersigned Notary Public of the State of Florida, personally appeared `Tr -+0MAS is • MA ,4 c—C whose name(s) Ware subscribed to the within instrument, and %she /they acknowledge that & /she ey executed it. WITNESS my hand and official seal. lhe is Pe =onally known to me, or has produced as identification. -VI) /1) v ., in and for the County and State Aforementioned) SEAL My commission expires: 3 -Z-S- I s END OF SECTION MICHELE A ANDEXLER *; *= MY COMMISSION #FF078756 *? . `o?°••'' EXPIRES March 28, 2018 .. OF (407) 39 &0153 FloridaNOWYService.com Persimmon Avenue Widening Project IFB 13h4 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: Yes X N/A 5. How many years has the Bidder been in business as a Contractor under its present name? y6 6. Under what other former names has the Bidder operated? -11A. 7. How many years experience in construction work has the Proposer had as a Prime Contractor? LAt, 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 Name and Phone No. Construction Contract Amount Major Construction Items 00440 -2 Persimmon Avenue Widening Project IFB 13114 -10 ro 0 0 W " IV to co F, co 0) 0 :3 0 E z E E E E E z z E 0 0 2 2 2 2 2 2 E C3 0) U) 0 W CA In Z O 0) C) 9 0 a 0) 9 aj 0 co 0 0) 0 0 w 11 O. CL < CD :3 4 CL < 6 0 A < E C3 0 q q q 0 - 0 0 a a 0 r-000000000c:) :3 0 0 CO CO co 0 vs 0 tZ d C9 f': co N cq IR q V ic — 0 CD to cNp i3 to W N r CS, C� Z e C6 to co to 0 to CD (D (D G 't I- o to cq -: Cq 0 60 0 � to 6a 0 to ta e-i m ,a C, CL E 0 U r (D w CD E E a c E CL tm C a a m cr m a) m m > CD m m 0 m 0 0 co 0 X 0 co 0 Ix ix 0 too E cr) CD E co to ca cl%ol 0 a (D -0- ca co C\l Z cu U-j . 0 M C? a a 0 to cd -Tmyw=OE a 0 met (D 0 LL E 0 0 X: M 0 0 E fi 8 03 ' !�R E a-, 2, :;: ca E w 8 0 E u C', 9 C 00 mm E H C:r 'O CD IL 0 w E CD C_ E J LL cn (D to CJ 0 r- 17 M c o a O. d co ;5 2 a a) tL IL a n j3 n 2 0 c tm 0 .8 r 10 0 (D 00 co Qw to ' V) a -E 2 to M 5z '9 Z5 Jk -0 "- v �6 0) 0 0 c -:� , 0 m A 00 -a Cd cq c mm w E Ui .4 — V) eNi — 0 S C-4 to - 0 co E -6 d CD NN o iE (5-0 — to C6 'T V 3i C;) T w 0 b 00 0 C5 1N._ T IL 0 0 co C� (L � M Cl) w CD m 9 co co cm 0 Co m U, to 0 'n E 20 C-0 co 17 2 �R l; 9 C5 C'l to -Fn to rz to '202 , —0 c 0 U) a ': t: to 0 ca m a .9 o a 00 co m 0 o war-ca 0, w b 0 0 a. G o= 46 -=�ej (3 m E 0) 00) C3 > 0 0 = b m mc -? a a) LL & -0 0 ca r'- 0) - m E m O .0 r :5 k 12 r O'D 'o 0), to cx 0 0 g E A A 26 co 8 a: o o j2 a: 8 9 it if I L LL to C Lo LO a) m E7 m Z Z 0 iD C3 do r- (D 2 m p r- 0 = tm =3 m 0 A x 0 z IL to IL t3 6 03 > Lf) M cz C-3 W " IV to co F, co 0) 0 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 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). -I /A 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). t -11A 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Proposer (attach additional sheets as necessary): - 4oraG, 12. What is the Proposer's bonding capacity? ' say oho 100c) - 0 0 13. What amount of the Proposer's bonding capacity has been used as of the date of this bid? 15��0 i ac>c� . c5p 14. State the name of the Surety Company which will be providing, the Performance and Payment Bond, and name and address of the Agent: ►3tZQWr.� < +3iZorsr•1 mac_ - —rr .rEc cis cRS�r�t -.Ty s�i�E�t �o,� 'X -41 Z- 32-11's Ay-MAA 3dncrt, Ft 15. Has the Proposer been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). 141A The Proposer acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the City in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the City to reject the bid or proposal, and if after the award to cancel and terminate the award and /or contract. 00440 -3 Persimmon Avenue Widening Project IFB 13/14 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13114 -10 Form 00450 CERTIFICATION OF NON - SEGREGATED FACILITIES FORM The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of its establishments. The Contractor further certifies that none of its employees are permitted to perform their services at any location under the Contractor's control during the life of this contract where segregated facilities are maintained. The Contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise. The Contractor agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 and that it will retain such certifications in its files. Signature of Authorized Representative Printed or Typed Name and Title of Authorized Representative END OF SECTION Persimmon Avenue Widening Project IFB 13114 -10 q - % -t Date Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 ECTION 00454 DRUG FREE WORKPLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and Employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in item 1. 4. In the statement specified in item 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. ALA Ax l Ail Firm 44 - z -1-{ Signature of Authorized - Representative Date 1 A-S p� [- U ZeArSC,c Printed or Typed Name and Title of Authorized Representative END OF SECTION Persimmon Avenue Widening Project IFB 13114 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 END OF SECTION SECTION 00458 -1 E- VERIFY COMPLIANCE AFFIDAVIT The Affiant identified below attests to the following: That the Contractor is currently in compliance with and throughout the term of the above identified project and will remain in compliance with Executive Order 11 -02, issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ("E- Verify ") System to ensure that all employees of the Contract and the Contractor's subcontractors performing work under the above - listed Contract are legally permitted to work in the United States. 2. Each Contractor that performs work under the Project referenced above shall provide the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program. 3. The Contractor will register and participate in the work status verification for all newly hired employees of the contractor and for all subcontractors performing work on the above - listed Contract. 4. The Contractor agrees to maintain records of its compliance with the verification requirements as outlined in this Affidavit and, upon request of the any Authority having jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to provide a copy of each such verification to that Authority. 5. That all persons assigned by the Contractor or its subcontractors to perform work under the above identified project will meet the employment eligibility requirements as established by the Federal Government and the government of the State of Florida. 6. That the Contractor understands and agrees that its failure to comply with the verification requirements as set forth herein or its failure to ensure that all employees and subcontracts performing work under the above identified project are legally authorized to work in the United States and the State of Florida constitute a breach of contract for which the City of Sanford may immediately terminate the Contract without notice and without penalty. Contractor further understands and agrees that in the event of such termination, the Contractor shall be liable to the City for any costs incurred by the City as a result of the Contractor's breach. 7. That for the purposes of this Affidavit, the following definitions apply: "Employee" — Any person who is hired to perform work in the State of Florida. "Status Verification System" — the procedures developed under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, operated by the Department of Homeland Security and known as the "E- Verify Program ", or any successor electronic verification system that may replace the E- Verify Program. Persimmon Avenue Widening Project IFB 13/14 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 SECTION 00460 AMERICANS WITH DISABILITIES ACT AFFIDAVIT By executing this Certification, the undersigned Contractor certifies that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the City of Sanford be held liable for the actions or omissions of the Contractor or any other party or parties to the Agreement for failure to comply with the ADA. The Contractor agrees to hold harmless and indemnify the City of Sanford, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the Contractor's acts or omissions in connection with the ADA. Contractor �y Signature of Representative (Affiant) Printed or Typed Name and Title of COUNTY OF WS-=^ _ STATE OF FLORIDA Representative (Affiant) y- Z -/L4 Date On this $ day of P t ��`' -L-- , 20 1 t-1 ,before me, the undersigned Notary Public of the State of-Florida, personally appeared Tortaz A . L` azzA.scc whose name(s) �S are subscribed to the within instrument, and she /they acknowledge that /she /they executed it. WITNESS my hand and official seal. il /She is lersonally known to—.or has produced as identification. /1)/I --'// / -1117 1,7 O (Notary Public in and for the County' and State Aforementioned) SEAL My commission expires: 3-z--8- I ig' END OF SECTION ;•�'r "o��. :B _�;; MICHELE A ANDEXLER r MY COMMISSION #FF078756 ''.'�.oFn�PQ� EXPIRES March 28, 2018 (407) 3980153 FloridalloraryService.r- Persimmon Avenue Widening Project IFB 13114 -10 Project Name: Persimmon Avenue Widening Project Invitation for Bids No.: IFB 13/14 -10 F. State the name of the firm preparing the financial statement and date thereof: G. This financial statement must be for the identical organization named on page one. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. 3. State the names and addresses of all businesses and /or individuals who own an interest of more than five percent (5 %) of the Bidder's business and indicate the percentage owned of each such business and /or individual: Name Address Percentage Owned Bidder Signature of Authorized Representative Printed or Typed Name and Title of Authorized Representative END OF SECTION 00462 -2 Persimmon Avenue Widening Project IFB 13/1440 Date Project Name: Persimmon Avenue Solicitation' No.: IFB 13114 -10 Signature Printed or Typed Name and Title Representing: ,r4LxFr4K- J A., Name of Company %A t OL" Z4.1 Company Address Date `1- - 6--144 ES2 �L 3217e-/ B74 6 -7e- -ozao END OF SECTION 00442 -2 Phone No. SECTION 00420 BID BOND FORM IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 5TH day of MARCH , 2014 ATTEST: By (Principal Officer) NMA*!j>A L. I -�UeeAALc Saee7Arz%/ Typed Name and Title (CORPORATE SEAL) REBECCA A. ROBINSON Typed Name and Title (SEAL) Persimmon Ave Widening Project IFB 13114 -10 HALIFAX PAVING, INC. Princip� By (Signature of bf icer) Typed Name and Title 814 HULL ROAD Address ORMOND BEACH, FL 32174 City, State, Zip TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By: Attorney -m -Fact TYLER D. DEBORD: ATTORNEY -IN -FACT Typed Name and Title P.O. BOX 2412 Address DAYTONA BEACH, FL 32115 -2412 City, State, Zip 386 - 239 -5703 386 - 323 -9155 Telephone No. Facsimile No. END OF SECTION 00420 -2 I 0.I 87q City of Sanford Florida — Purchasing Division 300 N. Park Avenue (P.O. Box 1788) Sanford, Florida 32701 Phone: 407.688.5028 FAX: 407.688.5021 email: bill.smith @sanfordfl.gov Date Issued: March 4, 2014 Solicitation Number: IFB 13/14 -10 Title: Persimmon Avenue Widening Project Opening Date: March 18, 2014 at 2:00 p.m. I rC:C�T11Tir1 rGW l This Addendum No.1 to the Plans, Specifications, and Contract Documents for the work associated with the solicitation identified above shall be incorporated within the Solicitation Response and resulting Contract Documents. Further, This addendum shall have the same force and effect as if part of the original documents, and in case of conflict, this Addendum No. 1 shall govern. Replace page 1 of SECTION 00410 BID FORM with the attached page. This clarifies the duration of the project after notice to proceed issued. Respectfully, F. William Smith, Purchasing Manager t11U 4%7-04 www.sanfordfl.gov MAILING ADDRESS CITY OF SANFORD POST OFFICE Box 1788 SANFORD, FL 32772-1788 PHYSICAL ADDRESS CITY HALL 300 NORTH PARK AVENUE SANFORD, FL 32771-1244 TELEPHONE 407.688.5028 FACSIMILE 407.688.5021 CITY COMMISSION JEFF TRIPLETT MAYOR MARK MCCARTY DISTRICT 1 VELMA H. WILLIAMS DISTRICT 2 RANDY'JONES DISTRICT 3 PATTY MAHANY DISTRICT NORTON N. BONAPARTE, JR. CITY MANAGER ail i PURCHASING OFFICE, CITY OF SANFORD, FL Request for Statements of Qualifications Date Issued: March 12, 2014 OPENING DATE: MARCH 18, 2014 @ 2:OOPM SOLICITATION NUMBER: IFB 13114-10 TITLE: PERSIMMON AVE WIDENING PROJECT M-U-4-111 HIRIMU"AN: F-11,11 Eel A New Opening Date and Time: April 8, 2014 at 2:00 p.m. Respectfully, F. WILLIAM SMITH, Purchasing Manager ?/X 511"&# 64 00610 -1 Bond No. 106111832 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Halifax Pavinq, Inc. (Name of CONTRACTOR) 814 Hull Road, Ormond Beach, FL 32174 386- 676 -0200 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Sauare, Hartford, CT 06183 407 -388 -2600 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter called OWNER, in the full and just Sum of Eight Hundred Forth Three Thousand Five Hundred Eighty Eight &50/100 DOLLARS ($ 843 ,588.50--------------- - - - - -- ) in lawful money of the Unite, States, for the payment of which sum well and truly to be made, we bind oursely - ssors, and assigns, jointly and severally, firmly by these presents. The sum than one hundred ten percent (110 %) of the Contract Price. �X, ' THE CONDITION OF THIS OBLIGATION is s ch f i into a certain Agreement with the OWNER, dated the d��% <� a copy of which is hereto attached and made of 21 Persimmon Avenue Widenina Proiect. IFB 13/14 -1 C, _ ) 1) Name of Owner 2) Name of Project identified in Instructions to Bidders The Surety shall be bound by any and all alternative to the same extent as CONTRACTOR is bound. awards and settlements 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 IFB 13/14 -10 Persimmon Ave Widening Project '-d n rn c� Cr GQ d C� 0 r+ 0 b w tro d Cl Hon rn Rn 0 w 0 0 z ro sv 9 CD I c� 0 a. r w N J r� i N w ON 00610 -02 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. 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. ��tt IN WITNESS WHEREOF, this instrument is executed this the day of r-7L( o?d Ig , ATTEST: Secretary (Principal) 1w,.STDl4 L 1�U12T2AJa 'typed Name (CORPORATE SEAL) IFS 13/14 -10 Persimmon Ave Widening Project Halifax Paving, Inc. Principal ntractor) By (Signature) Typed Name and Title 814 Hull Road Address Ormond Beach FL 32174 City, State, Zip 00610 -03 (Witness to Principal) Typed Name ATTEST: (Surety) Secretary Typed Name (C RPORATE SE Witness as to Surety Rebecca A. Robinson Typed Name W ness as td Su ety Ashley Tyree Typed Name :• • • 1 11 :• • . 1:1 Telephone No. Facsimile Travelers Casualty and Surety Company of America Surety 407 - 388 -2600 866 - 467 -5469 Telephone No. Facsimile No. By: 3,4P--'2 �— 0 Attorn - - Tyler D. DeBord Typed Name P. O. Box 2412 Address Daytona Beach, FL 32115 -2412 City, State, Zip .386- 239 -5703 386- 323 -9155 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 IFB 13114 -10 Persimmon Ave Widening Project 00610 -1 Bond No. 106111832 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Halifax Paving, Inc. (Name of CONTRACTOR) 814 Hull Road, Ormond Beach, FL 32174 386 -676 -0200 (Address of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 407 -388 -2600 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter called OWNER, in the full and just Sum of Eight Hundred Forth Three Thousand Five Hundred Eighty Eight &50/100 DOLLARS ($843 ,588.50 --------- -- ------ - - - - -) 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 such that whe eas, the Principal entered into a certain Agreement with the OWNER, dated the I day of ! iIi24- a copy of which is hereto attached and made a part of for the construction of 2) Persimmon Avenue Widening Protect, IFB 13114 -10. 9) Name of Owner 2) Name of Project identified in Instructions to Bidders 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: 1. 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 IFB 13/14 -10 Persimmon Ave Widening Project 00610 -02 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 WITNESS WHEREOF, this instrument is executed this the 1 - day of AA ke Halifax Paving, Inc. ATTEST: Princip I C ntractor) Secretary (Principal) By (Signature) 1�1(�N7i. A L L�'i�i2.f�tJC� Typed Name (CORPORATE SEAL) IFS 13/14 -10 Persimmon Ave Widening Project Typed Name and Title 814 Hull Road Address Ormond Beach FL 32174 City, State, Zip (Witness to Principal) Typed Name ATTEST: (Surety) Secretary Typed Name qW %ne s— Typed Name k 42011.1. AshleyTyree Typed Name I *I111 Telephone No. Facsimile No. Travelers Casualty and Surety Company of America Surety 407-388-2600 866-467-5469 Telephone No. Facsimile No. Tyler D. DeBOrd Typed Name Address Daytona Beach, EL 32115-2412 City, State, Zip .386-239-5703 386-323-9155 Telephone No. Facsimile No. NOTE: Date cf the Bond must not be prior bu date ofAgreement. If CONTRACTOR k*ojoint vanture, all ventures' oheU execute the Bond. If CONTRACTOR is Pehnerahip, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 5TOoo amended) and bo authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH 8 certified POVV8FOf-Att0Ul8y appointing individual for execution of Performance Bond on behalf of Surety. END OFSECTION IFS 13/14-10 Persimmon Ave Widening Project INSURANC July 8, 2014 City of Sanford 300 North Park Avenue Sanford, FL 32771 Re: Halifax Paving, Inc. Obligee: Project: Bond No.: Bond Amount: Gentlemen: Brown & Brown, Inc. 220 South Ridgewood Avenue (32114) P.O. Box 2412 - Daytona Beach, FL 32115 386/252-9601 a FAX 386/239-5729 City of Sanford Persimmon Avenue Widening Project: IFB 13/14-10 106111832 $843,588.50 You are hereby authorized to date the Performance /Payment Bond and Power of Attorney on or after the date of the contract on the above project, provided that the contract is executed within a reasonable amount of time and that there are no material modifications to the contract the subject bond covers. Travelers Casualty and Surety Company of America Tyler Attorney-In-Fact TIDID/rar PERFORMANCE BOND 00605 Bond No. 106111832 KNOWALL MEN BY THESE PRESENTS: that Halifax Paving, Inc (Name of CONTRACTOR) 814 Hull Road Ormond Reach, FL 32174 386 -676 -0200 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and , Travelers Casualty and Surety Company � f America (Name of Surety) One Tower Square Ha[ord. CT 06183 407 - 388 -2600 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) Ci!y of Sanford. Florida hereinafter called OWNER, in the full and just Sum of Eight Hundred Forty Three Thousand Five Hundred Eighty Eight & 50/1 oo DOLLARS ($ 843,588.50- in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that wheLejas, the r_inci al a eyed into a AJ certain Agreement with the OWNER, dated the LL day of a copy of which is hereto attached and made a part h6teof for the construction of 2) Persimmon Avenue Widening Proiect. lF13 13/14-10. 1) Name of Owner 2) Name of Project Identified In Instructions to Bidders This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same 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. NOW, THEREFORE, the condition of this obligation is such that If Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 00605 -1 IFS 13/14.10 Persimmon Ave Widening Project PERFORMANCE BOND 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is 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 00605.2 IFS 13144 -10 Persimmon Ave Widening Project PERFORMANCE BOND decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. 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) AmIgr,pirq (- Dux -RANG Typed Name (CORPORATE SEAL) (Witness to Principal) Typed Name ►:y 11*1 1 (Surety) Secretary Typed Name (CORPORATE SEAL) ox/ Witness as to Surety Rebecca A. Robinson Typed Name 00605 -3 1F13 13114 -10 Persimmon Ave Widening Project Halifax Paving, Inc. Principal Contractor) By (Signature) ym"as A - Du ry� cam,PV�¢ taleKt Typed Name and Title 814 Hull Road Address City, State, Zip 386- 676 -0200 386 -676 -0803 Telephone No. Facsimile No. Travelers Casualty and Surety Company of America Surety 407 -388 -2600 866- 467 -5469 Telephone No. Facsimile No. �ii� ---��► Tyler D. DeBord Typed Name PIT, I �•- Ashley Tyree Typed Name PERFORMANCE BOND P. O. Box 2412 Address DaZona Beach, FL 3211.5 -2412 City, State, Zip 386- 239 -5703 386- 323 -9155 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 IPB 93114 -90 Persimmon Ave Widening Project INSURANCE July 8, 2014 City of Sanford 300 North Park Avenue Sanford, FL 32771 Re: Halifax Paving, Inc. Obligee: Project: Bond No.: Bond Amount: Gentlemen: Brown & Brown, Inc. 220 South Ridgewood Avenue (32114) P.O. Box 2412 • Daytona Beach, FL 32115 386/252-9601 ■ FAX 386/239-5729 City of Sanford Persimmon Avenue Widening Project: IFB 13/14-10 106111832 $843,588.50 You are hereby authorized to date the Performance /Payment Bond and Power of Attorney on or after the date of the contract on the above project, provided that the contract is executed within a reasonable amount of time and that there are no material modifications to the contract the subject bond covers. Travelers Casualty and Surety Company of America Tyler D. DeBoW Attorney-In-Fact TDD/rar Wy alifax Paving, Inc. P.O. BOX 730549, ORMOND BEACH, FL 32173 -0549 814 HULL ROAD, ORMOND BEACH, FL 32174 PHONE (386) 676 -0200 FAX (386) 676 -0803 TO: City of Sanford Finance Dept. Purc. Div. Ste 236 300 N. Park Avenue Sanford, FL 32771 -1244 WE ARE SENDING YOU: Shop Drawings Plans i' A DATE: 8/21/2014 IJOB NO.1 15000 ATTN: MarisolOrdonez ® RE: Persimmon Avenue Widening As requested IFB 13/10 -10 Returned for corrections ® Return corrected prints ® For review and comment VIA: Over Night Delivery Attached ® Under separate conver via ® Prints = Samples ® Specifications ® Copy of letter the following items: ® Change Order THESE ARE TRANSMITTED as checked below: ® For approval ® Approved as submitted ® Resubmit copies for approval ® For your use ® Approved as noted ® Submit copies for distribution jr-7177-1 As requested ® Returned for corrections ® Return corrected prints ® For review and comment ® FOR BIDS DUE 20 PRINTS RETURNED AFTER LOAN TO US REMARKS: Please attached these to the Performance Bonds that were sent earlier in the week. COPY: ( SIGNATURE: Ruth Van Seeters Nw -WwWMw 4wWwwW W WARNING: UT THIS POWER OF ATTORNEY IS INVALID WITHOUT _ -.._ .._m ............ .... _.._...- ..- _.........___ ......... _ ....._. ......_..... THE RED BORDER 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. 227137 Certificate No. 005906541 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 M. Decker Youngman III, and Pamela J. Thompson, Ryan Rothrock, Steven P. Farmer, and Tyler D. DeBord of the City of Daytona Beach , State of Florida , their true and lawful Attomcy(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 proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2014 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 19th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 9*=V E .' �- A o 3 1� + RNE F... Ok .A�, .R ..� L. >G E ;- �'om n, % s : _> z�toub`: ' .Gt •••p . ' O O SE.-A.SR- ..VA. , L H T..t9 w a ' v`• Ns4 oms ' ? ` ' s m '° ` e� J N P a4 CatOrY FNAaNNt. � 0 S , Gi � n 5` % tu�Nca sA .. ar _�SrvUeN9.aF. � I a Y N o�� a'11t1°1 s Y s 7 < �° y li t va �mxi ♦S�. A�� �5... * 1 Nlf IsV �A�� State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 19th day of May 2014 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 hnsurance 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. G,T!? In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. W;-), C Marie C. Teneault, Notary Public :µwu u. w.. w.wv w o..wW o. .._.. ......_......_...........W.._._ _._ ...................m..rv.. ..__.. _.. _..._.__ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington 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. 227 137 Certificate No. 005906542 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 M. Decker Youngman III, and Pamela J. Thompson, Ryan Rothrock, Steven P. Farmer, and Tyler D. DeBord of the City of Daytona Beach , State of Florida , their true and lawful Attorney(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 proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this clay of May 2014 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 19th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pASU.F�T �ttY yy F1AE�6"y � f�,N � S � ••,� 1NS Vq '...i Jp.�TY Aiya 'Nyp SJq�}� .. Rj"di =_ O.FSORIJ L C5Y_+� °artW °6 G a� 9z /}•QO: ; ,+`JP,.......... ,9y ECn; i o i SE AL!o, �:SEAL;a= �, CONN. o ' t 11Y'a wwnww,•f State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 19th day of May 2014 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 hTsurance 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. In Witness Whereof, I hereunto set my hand and official seal OgA My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. Vic► Marie C. Tetreault, Notary Public PERFORMANCE BOND 00605 Bond No. 106111832 KNOWALL MEN BY THESE PRESENTS: that Halifax Paving, Inc (Name of CONTRACTOR) 814 Hull Road, Ormond Beach FL 32174 386- 676 -0200 (Address of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square Hartford CT 06183 407 - 388 -2600 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter called OWNER, in the full and just Sum of Eight Hundred Forty Three Thousand Five Hundred Eighty Eight & 50 /1 oo DOLLARS ($ 843, 588 .50 -------------------- ---- --) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is that wh as, the Principal entered ntoa certain Agreement with the OWNER, dated the s day of 6AW2,t, a , a copy of which is hereto attached and made a part h reof for the construction of 2) Persimmon Avenue Widening Proiect, lFB 13/14-10. t) Name of Owner 2) Name of Project identified to Instructions to Bidders This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same 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. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 00605 -1 IFS 13114.10 Persimmon Ave Widening Project PERFORMANCE BOND Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is 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 00605.2 1F13 13114.10 Persimmon Ave Widening Project PERFORMANCE BOND decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents, 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 they = day of ATTEST: (CORPORATE SEAL) (Witness to Principal) .M j v Typed Name ATTEST: (Surety) Secretary Typed Name (CORPORATE SEAL) i ess as to Surety Rebecca A. Robinson Typed Name 00605 -3 IFB 13114.10 Persimmon Ave Widening Project E, M I 1 :•.• •.. I - • u••• :-. • ' City, State, Zip :• • • 1 11 :• . • 1 :1 Telephone . Travelers Casualty and Surety Company of America Surety 407 - 388 -2600 866 - 467 -5469 Telephone No. Facsimile No. Attorney -FFact Tyler D. DeBord Typed Name l Ashley Tyree Typed Name PERFORMANCE BOND P. 0. Box 2412 Address Daytona Beach FL 32115 -2412 City, State, Zip 386 - 239 -5703 386- 323 -9155 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 IFB 13114 -10 Persimmon Ave Widening Project