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1699 FRS Environmental Remediation Inc./FGS Groupj b q11/ 1,ORIlj Friday, January 09, 2015 "T 741777FEW251 TO: Mayor /City Clerk FEE: FRS Environmental Remediation Inc; dba: The FGS Group IFB 13 /14- 14Rebid 815 French Ave (Old Police Station) Soil Removal 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: M a 4-4o4b O rrdvv� From T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc Mayor's signature Recor enderin Safe kee ing (Vault Ma ager ❑ Payment Bond City Manager Signature City Clerk Attest /Signature t Date rillm I �,. , d =sir rj �r 4u ill Contract Agreement Name: FRS Environmental Remediation Inc; dba: The FGS Group IFB 13 /14- 14Rebid 815 French Ave (Old Police Station) Soil Removal Ct W" k's 0-4 Finance 111rector / -/2,- CIS Date I a� Date Attorney Date SECTION 00510 Orr NOTICE OF AWARD FORM G�S� TO: FRS Environmental Remediation 120 East Dr Martin Luther King Jr., Blvd Tampa, FL 33603 NAME OF PROJECT: REBID Soil Removal 815 S French Ave The OWNER has considered the BID submitted by you, dated September 8, 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 $ 163,823,00. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 17 day of November, 2014. (Name of OWNER) City of Sanford By (Signatur Tom Geor e Deputy City Manager, Tom George (Printed Name and Title) Deputy City Manager ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by f T2,5 C'N P4712b a "46V&Aghis '3WL day of By Printed Name and-Title END OF SECTION IFB 13/14- 14REBID Soil Removal S French Ave SECTION 00530 NOTICE TO PROCEED FORM TO: FRS Environmental Ramediabon dbo: The FGSGroup 120 E Dr. N\LP{JrBlvd Tampa, FL338O3 Notice to Proceed Date: January 26, 2015 PROJECT: IFB 13/14-14REBID Soil Removal, 815 S. French Ave. Sanford, FL You are hereby notified to oornnlenoe \8/ORPC in accordance with the Agreement dated January 14, 2015 , This Notice authorizes the CONTRACTOR to commence construction onthe Notice to Proceed dote indicated obove, and in accordance with the Agreement; all work shall be eubetonbo||y nmmnp|mta within 45 calendar days of the date of this Notice to Proceed. Therefone, the date of substantial completion is March 17, 2015. The date of final completion is April 16, 2015. C-11\ � (Printed Name and Title) By ACCEPTANCE OF NOTICE Rece t and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by *�f this Zlg�fr` day Of —j By Printed Name and Title SOIL REMOVAL, 815G. FRENCH /YVE. |FB13M414REB|D END OF SECTION SECTION 00520 AGREEMENTFORM PARTI GENERAL 1.01 THIS AGREEMENT, made and entered into the day of' by and between the City of Sanford, Florida, 300 North PaWAvenue. 'Unford, 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 FRS Environmental Remediation Inc dba: The FGS Group, whose principal and local address ie 120 E Dr. Martin Luther King Jr., Blvd Tampa, FL 33603, hereinafter referred toasb»oothe "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 K8onum|, any technical specifications as incorporated by the Project Manual; the Drawings as |ieh*d in the Project K8onua|. all Written /\nlendDnanta. Change C}pdera' Work Change Directives, Field (]ndaro. 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 ana, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section OO52O- Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00010-1 of the Project Manual) includes all instructions, tanno. 0omamd and supplemental condiUone, bid documents, o|ane' prints and specifications pertaining to the Project. 3. Addenda Applicable to the Bid 4. Contractor's Bid, DO41O. 5. Performance Bond, 006O5. 6. Payment Bond, OU01O 7. Material and Workmanship Bond, OO815. 8. Trench Safety (Executed Fmrm).0043O 8. Non Collusion Affidavit, OO432 10. Conflict of Interest /#fidovit.00434 11. Public Entities Crime Affidavit, OO43Q 12. Compliance With the Public Records Law Affidavit, OO43O 13. Bidder Qualification Affidavit, OU44D ' 14. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 SOIL REMOVAL m5m FRENCH AVENUE, SANpORD,e' 00520-1 AGREEMENT SECTION 00520 15. Certification Of Non-Segregated Facilities (Executed Form), 00450 16. Disputes Disclosure (Executed Form), 00452 17. Drug Free Workplace (Executed Form), 00454 18. Unauthorized (illegal) Alien Workers Affidavit, 00456 19. E-Verify Compliance Affidavit, 00458 20. Americans With Disabilities Act Affidavit, 00460 21. Financial Information (Executed Form) (if Required by City), 00462 22. Criminal Background Check Requirements (If Required for Project by City), 00525 23. Insurance Certificate(s) 24. Notice of Award, 00510 25. Notice to Proceed, 00530. 26. Consent of Surety to Final Payment (Executed Form), 00617. 27. Contractor's Application for Payment (Executed Forms), 00625. 28. Certificate of Substantial Completion, 00626. 29. Certificate of Final Completion, 00627. 30. Contractor's Partial Release of Lien (Executed Forms), 00640. 31. Subcontractor's Final Release of Lien (Executed Form), 00641. 32. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 33. Contractor's Release of Lien (Executed Form), 00645. 34. Project Field Order (Executed Form), 00940. 35. Work Directive Change (Executed Form), 00945. 36. Change Order (Executed), 00950. 37. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Documents. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of the IFB 13/14-14REBID Soil Removal, 815 S. French Ave. Sanford, FL. C. Contract Time The Contractor shall begin work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is 45 calendar days. The work shall be finally complete, ready for Final Payment in accordance with the SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL 1F13 13/14-14REBID 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 one hundred and sixty three thousand, eight hundred and twenty three dollars ($163,823.00). 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. SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 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 SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 00520 -4 SECTION 00520 AGREEMENT FORM Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and /or services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 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 SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 00520 -6 AGREEMENT SECTION 00520 AGREEMENTFORM professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and /or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and /or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and /or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and /or services referenced in an invoice. SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 00520 -7 AGREEMENT SECTION 00520 AGREEMENTFORM 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his /her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his /her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Robert Beall, Project Manager City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and /or services provided by the CONTRACTOR is /are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 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 SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 00520 -9 ►_Ted SECTION 00520 AGREEMENTFORM CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and /or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and /or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and /or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and /or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 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 SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 00520 -11 AGREEMENT SECTION 00520 AGREEMENT FORM Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. f. 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. SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 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. SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 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) SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 00520 -14 SECTION 00520 Eye] N f4MA -ki MSIM,l 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. SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 00520 -15 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. SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 00520 -16 ILr� SECTION 00520 AGREEMENTFORM 73. The CONTRACTOR shall coordinate the provision of goods and /or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and /or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 00520 -17 ITS" 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. SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13/14- 14REBID 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: FRS Environmental Remediation Inc dba: The FGS Group Name of Firm r�tk-el P, % By (Signature) Dat (SEPAL) '7Rn F3 ' e. � - Printed Name and Title SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 00520 -19 AGREEMENT SECTION 00520 AGREEMENTFORM By (Signatt r4 D to AA,try df +yp ( {{ C q/ Printed Name and Title OWNER: City of Sanford Name of Owner 1,11vm Jeff Triplett, Mayor V M Printed Name and Title ATTEST: � ) -tom l� By (Signs re) Date Cynthia Porter, City Clerk Printed Name and Title Approved as to Iejal sl f'iciency. Date y ttorney END OF SECTION SOIL REMOVAL 815 S FRENCH AVENUE, SANFORD, FL IFB 13114- 14REBID 00520 -20 (SEAL) AGREEMENT AM rb- CITY COMMISSION MEMORANDUM 14.178 OCTOBER 27, 2014 AGENDA WS RM X Item No.� To: Honorable Mayor and Members of the City Commission PREPARED BY: Bilal hlikhar, Director of Public Works SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage SUBJECT: Request for Budget Amendment, Award ntract and Procurement for Removal of Contaminated Soils at th, ormer Police Station Site SYNOPSIS: Approval to amend the budget and to award procurement of Bid # IFB 13/14 -14 to the lowest responsive bidder, FRS Environmental Remediation, Inc. ( "FRS "), to remove contaminated soils from the former Police Station site and for procurement of design and monitoring services from PPM Consultants ("PPM ") is requested. FISCALISTAFFING STATEMENT: There are no anticipated fiscal impacts to the City as funding in an amount not to exceed $260,000 will be reimbursed by Seminole County's U.S. 17/92 Corridor Community Redevelopment Agency (CRA). Initially the City will pay a total of $246,620; which includes $163,823 paid to FRS for the excavation and disposal of contaminated soils restoration of the entire site and $82,737.00 to PPM for design and monitoring of the remediation project. BACKGROUND: The former Police Station site located at 815 South French Avenue (U.S 17/92) was used as a vehicle fueling facility between 1974 and 1999. In 1974 two tanks were installed at the site: one 2,000 gallons and 3,000 gallons in capacity, respectively. in 1990 the tanks were removed and replaced with a tank with 10,000 gallons capacity. During the tank removal activities in 1990, petroleum hydrocarbon impacts were found. Although remedial actions occurred between 1992 and 1999, there was limited documentation of the type of remediation conducted and soils remain impacted today. A request for bids was processed. The four responses were evaluated. Remediation includes removal and disposal of approximately 1,000 tons of contaminated soil and disposal at a State certified site, placement and compaction of clean fill and restoration of all disturbed curb and pavement areas. Monitoring wells will be reinstalled with reports provided to the State for at least one year or until well abandonment is approved. 111 c SECTION 00410 ORIGINAL 7-- • -,i PART GENERAL 1.01 Description The following Bid, for the (1) Soil Removal, 815 S. French Ave., Sanford, Fl- IFB 13/14- 14REBID , is hereby made to (2) Ch of Sanford. Florida, hereafter called the Owner. This Bid is submitted by (3) FRS Environmental Remediation Inc. dba The FGS Group (1) Name of Project as shown In the Invitation for Bids (2) Owner (3) Name, address, and telephone number of Bidder 1.02 The Undersigned: A. Acknowledges receipt of- Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number Dated Number Dated Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To, enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. 4. To accomplish the work in accordance with the Contract Documents. 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the work within 30 calendar days of the date of the Notice to Proceed. 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL lF13 13/14-14REBID BID FORM F em Description p Unit Rate Quantity Unit Days Total 4.1 Mobilization /Demobilization (includes applicable permits) 10,000.00 - LS 20 $ 10 000.00 4.2 Traffic Control /Maintenance Site Safety and 3,500.00 - LS $ Erosion Control 1 3,500.00 Excavation and loading of road base, asphalt, 4.3A concrete, and curbs. Area estimated at 80 ft. 15.00 114 tons 1 $ 1,710.00 x 55 ft. to a depth of 0.5 ft. Volume estimate is 81.5 cubic yards (114 tons) Excavation and load petroleum impacted soil from 0.5 -8 feet & segregate overburden soil to 4.313 be used as backfill. An estimate of 972 cubic 14.00 1,361 tons 6 $ 19,054.00 yards (1,361 tons) of soil is estimated to be removed from the site. 4.3C Excavation shoring/benching, dewatering, 5,000.00 LS I $ 15,000.00 and groundwater treatment. 4.4A Road base, asphalt, concrete, curbs - Transportation and Disposal. 25.00 114 tons $ 2,850.00 4.413 Petroleum- Impacted Soil - Transportation 32.00 1,361 tons $ 43,552.00 and Treatment/Disposal. Backfill and compact clean backfill from 0 -8 4.5 feet. Includes 0 -8 feet (1,361 tons /1.4 =972 18.00 1,264 cu yds. 6 $ 22 cubic yards plus 1.3 compaction factor = ,752.00 1,264 cubic yards) Surface restoration of 8th Street (road base, asphalt, and curb and gutter), includes 10.00 1,700 compaction testing, curbs, and gutters. (asphalt) sq ft 2 $ 17,000.00 Asphalt area estimated at 65 ft. x 20 ft. plus 4.6A two, 20 ft. x 10 ft. access areas at east and 170 west sides =1,700 sq. ft asphalt road. Adjoining concrete curb and gutter is 170 15.00 (curb & linear feet 1 $ 2,550.00 linear feet consisting of 95 linear feet of curb gutter) and gutter, and 75 linear feet of gutter. Surface restoration of former police station 6'70 3,225 property (road base, concrete drive, curb and (concrete sq. ft. 2 $ 21,607.50 gutter, and grass sod), includes curbs and ) 1,650 gutters. Concrete drive area estimated at 35 4.613 ft.x 55 ft. plus two, 65 ft. x 10 ft. access areas 1.00 (grass) sq. ft. 2 $ 1,650.00 at west and south sides = 3,225 sq. ft. 71 Concrete curb and gutter on the south drive area = 71 linear feet. Grass area estimated 15.00 (curb & linear feet 1 $ 1,065.00 at 30 ft. x 55 ft. =1,650 sq. ft. gutter) Surface restoration of northern property 6.70 160 (concrete sq. ft. 1 $ 1,072.00 (concrete drive and grass sod), includes ) 4.6C erosion control. Concrete drive area estimated at 20 ft. x 8 ft. =160 sq. ft. Grass 520 area estimated at 8 ft. x 65 ft. = 520 sq. ft. 1.00 (grass) sq. ft. 1 $ 520.00 NOT -TO EXCEED TOTAL COST $ 163,882.50 NOT -TO- EXCEED TOTAL DAYS 45 Bidder Name FRS Environmental Remediation Inc. dba The FGS Group Date 9/8/14 IFB 410 -14 REBID 410 -3 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) FRS Fnvironm ntai Rernediation, Inc. dba The FGS Group , as Principal, and (2) Travelers Casualty and Surety Company of America , as Surety, are hereby and firmly bound unto The (3) City of Sanford, Florida as Owner, in the penal sum of (4) Five Percent of Amount Bid Dollars ($_ 5% of Amt Bid ) (5 percent of the total base bid) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) The City of Sanford, Florida as Owner a certain Bid for (5) IFB 13/14- 14REBID Soil Removal 815 S. French Ave. Sanford FL attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) City of Sanford, Florida 4) Amount of Bond as Required in the instructions to Bidders 5) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. 00420 -1 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID OR EXPERIENCE the POWER of PARTNERSHIP ftlnsurance POWER OF ATTORNEY 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 Attorney -In Fact No. 227992 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005906915 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 Richard P. Russo Jr., Tanya L. Russo, and F. M. Archerd Jr. of the City of Tampa , State of Florida , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or 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 20th 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 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pRSUq�T •�..�, VrIR£ 4 `P.K �HSp { 1MSyq 1 ANO i p? OI=,) L P '� � 4,� QOr'"......•.9 J4 `wgry 4° dG t��' ir� Alyp ..3 • .�` 8 C H i i"... f q.,'pRPOAA >'ys 4�i�� `4n or 9 0 1952 0 �RADRtttD „ z al eo zgrARPOagT� ° a �.g7% " .• •• nl t�^ Ss �'° a tiAflrrOaD. < S it141r6F1A, � t95i ;SEAL of ', °SF,A� cow n tj R ���yN +a }�t� �Y•GAHCCO° ���'� A��.�% >�1's...._. *aa '`d� F�,ys�° � � ,�ti� State of Connecticut City of Hartford ss. By: Idwe Robert L. Raney, Knior Vice President On this the 20th day of May 2014 More me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0=0 G,7ltT In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. t� G� 58440 -8 -12 Printed in U.S.A. Marie C. Tetreault, Notary Public Florida Trench Safety Act Statement — Section 00430 Form not provided in bid documents Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID COUNTY OF _� ► 6 —t!l STATE OF FLORIDA On this 8 day of September , 20 14 , before me, the undersigned Notary Public of the State of Florida, personally appeared i, ob cr4- D • T-c, t i0 e-�t- whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced as identification. SEAL (Notary Public in and for the County and State Aforementioned) My commission expires: 3- Z-� -c5 END OF SECTION A' ue• MELANIE WOMACK o ", §- Notary Public State of Florida , MY COMM. n Wires Number EE 78842 28, t 432 -2 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID COUNTY OF OAVSbbf6qgln STATE OF FLORIDA On this 8 day of September -.20 14 , before me, the undersigned Notary Public of the State of Florida, personally appeared I`�obec i` D. ol1qWf whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced as identification. SEAL (Notary Public M and for the County and State Aforementioned) My commission expires: MEi,ANIE WOMACK 41pRw»FUQ��y : Notary Public, State of Florida ;�. #o My comm. expires March 28, 2015 Commission Number EE 78842 S-2 --K -1S END OF SECTION 00434-2 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, -employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury, of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) I understand that the submission of this form to the City of Sanford is for the city only and, that this form. is valid through December 31, of the calendar year in which it is filed. I also understand that i am required to inform the City prior to, entering in to a contract in excess of the threshold amount provided in section 287.017, Florida Statues, for category two of any change in the information contained in this form. FRS Environmental Rernediatign Inc. dba The Bidder v-) 1 L...._. e, ,j Signature of Authorized ROrAsentative (Affiant) Robert Daniel Tolbert Jr. - President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF 4 1hbWu�n STATE OF FLORIDA Date On this 8 day of September , 20 14 , before me, the undersigned Notary Public of the State of Florida, personally appeared 0%aloe✓— i�. Tok,o rf whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced , as identification. X141 - A/-- (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: S. 7-V. ( S MELANIE WOMACK END OF SECTION ``4,;pAYPpA�4 _ ?; i. Notary Public, State of Florida 00436 -2 9;F 7° MY Comm. expires March 28, 2015 �''� °i; ►"`' Commission Number EE 78842 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13114- 14REBID SECTION 00440 -1 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of business. FRS Environmental Remediation Inc. dba The FGS Group Name of Bidder 120 E. Dr. MLK & Blvd., Tampa, FL 33603 813 - 623 -1557 kergle @thefas roue com Address of Bidder Phone No. of Bidder Bidder E -Mail Address Bidder's Contractor's License No(s). __CGC1511520, CBC1259431 (As issued by the Florida Dept. Of Business and Professional Regulation Construction Industry Licensing Board) The Bidder is (check one of the following): ( ) An Individual ( ) A Partnership (X) A Corporation Principal Office Address: 120 E. Dr. MLK Jr. Blvd., Tampa, FL 33603 1. If Bidder is a corporation, answer the following: Date of Incorporation: _ April 1, 1989 State of Incorporation: Florida President's Name: Robert Daniel Tolbert Jr. Vice President's Name: Donald L. Bodie 2. If Bidder is an individual or a partnership, answer the following: Date of Organization: Name, Address and Ownership Units of all Partners: State whether general or limited partnership: 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID 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): Not Applicable 12. What is the Proposer's bonding capacity? $1.5 Million 13. What amount of the Proposer's bonding capacity has been used as of the date of this bid? $0.00 14. State the name of the Surety Company which will be providing the Performance and Payment. Bond, and name and address of the Agent: Lykes Insurance Frederic M. Archerd Jr. (813)223 -3911 400 North Tampa Street, Suite 1900 Tampa, FL 33602 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). 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. FRS Environmental Remediation Inc. dba The FGS Group Name of Proposer Signature of (Affiant) Robert Daniel Tolbert Jr. / President Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF qAr>�36r0vtVN STATE OF FLORIDA Date On this . I day of _ `J P p-"f vnbt✓ , 20 before me, the undersigned Notary Public of the State of Florida, personally appeared D. 'tat 15eiri- whose name(s) is /are subscribed to the within instrument, and he /she /they 440 -3 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return to List Fictitious Name Search Filing History Submit Fictitious Name Detail I nc rvQ W%%Jur Registration Number 606324900389 Status ACTIVE Filed Date 11/20/2006 Expiration Date 12!31/2016 Current Owners 1 County MULTIPLE Total Pages 2 Events Filed 1 FEI/EIN Number 59- 3502180 Mailing Address 120 E. MARTIN LUTHER KING JR. BLVD. TAMPA, FL 33603 Owner Information FRS ENVIRONMENTAL REMEDIATION, INC. 120 E. MARTIN LUTHER KING JR. BLVD. TAMPA, FL 33603 FEi /EiN Number. 59- 3502180 Document Number. P98000027835 11120/2006 -- Fictitious Name Filing ' View image in PDF format 11103/2011 -- Fictitious Name Renewal Filing View image in PDF format Previous on List Next on List Return to List Fictitious Name Search, Fling HistorySubmit ........ I ttn1S I centart m I yeninxtnt Searrhos I E•Rt nn Ser -," I Forms I meta 1 c0ft"fatlt 4' and P(FlaeY PO State at Fla-4a, D- paWnent of State http: / /www. sunbiz.org /scripts /ficidet -exe? action= DETREG &docnum= GO63249003 89 &rdocnum= GO6324... 9/8/2014 Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID 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. FRS Environmental Remediation Inc. dba The FGS Group Contractor !. Signature of Printed or Typed Name and Title of Authorized Representative END OF SECTION SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Date 4 Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID SECTION 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 nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of this section. FRS Environmental Remediation Inc. dba The FGS Group Firm hx- V, 011f, Signature of _Robert Daniel Tolbert In - President Printed or Typed Name and Title of Authorized Representative END OF SECTION SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Date Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID SECTION 00458 -1 E- VERIFY COMPLIANCE AFFIDAVIT The Affiant identified below attests to the following: 1. That the Contractor is currently in compliance with and throughout the term of the above identified project and will remain in compliance with Executive Order 11 -02, issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ( "E- Verify "} System to ensure that all employees of the Contract and the Contractor's subcontractors performing work under the above - listed Contract are legally permitted to work in the United States. 2. Each Contractor that performs work under the Project referenced above shall provide the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program. 3. The Contractor will register and participate in the work status verification for all newly hired employees of the contractor and for all subcontractors performing work on the above - listed Contract. 4. The Contractor agrees to maintain records of its compliance with the verification requirements as outlined in this Affidavit and, upon request of the any Authority having jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to provide a copy of each such verification to that Authority. 5. That all persons assigned by the Contractor or its subcontractors to perform work under the above identified project will meet the employment eligibility requirements as established by the Federal Government and the 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. SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID 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. FRS Environmental Remediation Inc. dba The FGS Group Contractor Signature of Authorized Robert Daniel - President (Affiant) Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF STATE OF FLORIDA Date On this 8 day of September , 20 14 , before me, the undersigned Notary Public of the State of Florida, personally appeared ZAIpe ,4-- D To theCf whose name(s) is /are subscribed to the within instrument, and he /she /they acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced as identification. �M J ! %//47 (Notary Public in Ad for the County and State Aforementioned) SEAL My commission expires: 3' 2' ` Is MELANIE W ©MACK Notary Public, State of Florida %p �= My comm. expires March 28, 2015 Commission Number EE 78842 END OF SECTION SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID Project Name: SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL Invitation for Bids No.: IFB 13/14- 14REBID 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 Robert D. Tolbert Jr. 120 E. Dr. MLK Jr. Blvd. Revocable Trust Tampa, FL 33603 44.4791 11615 -100 Columbia Park Drive Easf J. Rand Geeh Y r Jacksonville, FL 32258 23.6874 120 E. Dr. MLK Jr. Blvd. Donald L. Bodie Jr. 15.4283 Tampa, FL 33603 120 E. Dr. MLK Jr. Blvd. Kimball D. Ergle 6.1191 Tampa, FL 33603 3163 -2 Eliza Road Glenn R. MacGraw 5.2861 Tallahassee, FL 32308 FRS Environmental Remediation Inc. dba The FGS Group Bidder Signature of Authorized Printed or Typed Name and Title of Authorized Representative END OF SECTION 00462 -2 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL IFB 13/14- 14REBID 9/8/14 Date CLERK OF CIRCUIT COURT & COMPTROLLER SK 08400 Pgs 0790 - 799; (10pgs) CLERK'S ft 201500E379 It RECORDED 01/21/2015 04:08:24 PM � RECORDING FEES 86.50 RECORDED BY H DeVare Q- Bond No.: 106160024 00605 PERFORMANCE BOND Applicable Project- SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL, IFB 13/14- 14REBID KNOW ALL MEN BY THESE PRESENTS: that FRS Environmental Remediation Inc. dba The FGS Grou (Name of CONTRACTOR) _ 120 E. Dr. Martin Luther King, Jr. Blvd.; Tampa, FL 33603 (Address of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Travelers Casualty and Surety Company of America One Tower Square; Hartford, CT 06183 (Name of Surety) (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 One Hundred Sixty -three Thousand Eight Hundred Twenty -three and o io loo DOLLARS ($ 163,823.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and r-- -.assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. 47THE CONDITION OF THIS OBLIGATION is suc t�hNat whereas, the Principal entered into a certain Agreement with the OWNER, dated the /q'°day of 20 a copy of which is hereto attached and made a part hereof forhe construction of the project identified above. 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: 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 Cr 'b fJQ d C O P It conx cro 0 a. t-' w N J a ro N W rn Bond No.: 106160024 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. Bond No.:106160024 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 �`"i� day of ATTEST, Secr (Priin/cipal) Typed Name (CORPORATE SEAL) (Witness to iPripcipal) Typed Name ATT (Surety) S re ry _Mary Langley Typed Name (CORPORATE SEAL) Witness Qs to Surety Angela Myers Typed Name 00605 -3 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL EXPERIENCE tliRMWORMRSHIP FRS Environmental Remediation Inc. dba The FGS Group Principal (Contractor) By (Signature) K3 T—, Jam... Typed Name and Title 120 E Dr. Martin Luther King Jr. Blvd. Address Tampa, FL 33603 City, State, Zip 813- 623 -1557 813- 623 -6320 Telephone No. Facsimile No. Travelers Casualty and Surety Company of_A_m_ erica Surety 860 - 277 -0111 Telephone No. Facsimile No. IA rreaeric M. Krcnera jr. Typed Name A r Witness as to S ety Courtney Martin Typed Name NOTE: Date of the Bond must not be prior to venture, all ventures' shall execute the Bond. execute the Bond. Bond No.: 106160024 One Tower Square Address Hartford, CT 06183 City, State, Zip 860- 277 -0111 Telephone No. Facsimile No. date of Agreement_ If CONTRACTOR is a joint If CONTRACTOR is partnership, all partners shall 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 SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL ob S EXPERIENCE tkP0W4YIi IWRSHIP L*InsLu!Rance 00610 -1 Bond No.: 106160024 PAYMENT BOND Applicable Project- SOIL REMOVAL, 815 S. FRENCH AVE, SANFORD, FL, IFB 13/14- 14REBID KNOW ALL MEN BY THESE PRESENTS: that FRS Environmental Remediation Inc. dba The FGS Group (Name of CONTRACTOR) 120 E Dr. Martin Luther King Jr. Blvd.: Tampa, FL 33603 (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 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Sanford, Florida hereinafter called OWNER, in the full and just Sum of One Hundred Sixty-three Thousand Eight Hundred 'Twenty-three and 00 /100 DOLLARS ($ 163.823.00 ) in lawful money of the United States, for iheE 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 whereas, the Principal entered into a certain Agreement with the OWNER, dated the day of 7G4,.1P►%(� l��!J 0/,�" a copy of which is hereto attached and made a part hereof for the construction of the project identified above as the Applicable Project. 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. Bond No.: 106160024 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 1111T.5 Galy� 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 ( / day ofiA'o b (,/t-��% 201 CJ ATTEST: Secretary ( cipal) (( T,N Typed Name EXPERIENCE thsPMR4MM &SHIP FRENCH AVE, SANFORD, FL FRS Environmental Remediation Inc. dba The FGS Group Principal (Contractor) fl&t 17 C) By (Signature) Typed Name and Title 120 E Dr. Martin Luther Kina Jr. Blvd. (CORPORATE SEAL) 00610 -03 (Witnes o rincipa Typed Name Mary Langley Typed Name (CORPORATE SEAL) • - r/ Angela Myers T ed NarTip 0 ffi, � - "Y'& - Witness as to SuVe ty Courtney Martin Typed Name Bond No.A 06160024 Address Tampa, FL 33603 City, State, Zip 813 - 623 -1557 813- 623 -6320 Telephone No. Facsimile No. Travelers Casualty and Surety Company of America Surety 860- 277 -0111 Telephone No. Facsimile No. By: ;TA 6DL4\/Z-r Attorney -in -Fact Frederic M. Archerd. Jr. Typed Name One Tower Square Address Hartford, CT City, State, Zip 860 - 277 -0111 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. EXPERIENCE t SOIL �6kEg 115IP� FRENCH AVE, SANFORD, FL Bond No.: 106160024 END OF SECTION 4 l8ga�)&U%S. FRENCH AVE, SANFORD, FL t @- s EXPERIENCE P Insurance WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of jC 4AbL4? , 20 B. illt�N'' ( . Kevin E. Hughes, Assistant Sec tary O�GASnUc,���` �%,� J f \RE 4My,Y �O \xN•,INy``9 .{rC't. \• NgUq�k Jp. tY ANpS Na 5M�7Y tY`Y"�ll � �f �UV"' G� •y�CP�a 1L00.POq .,� I4�.:• •;'L�:, p L9 ll C lA� li .. 'o �i io til,Y, a � flLio, SE S, •'•P � a' s couN. o t3 covk. �� � 1896 y . t, d T� v.........•. f r rr 1jAyI AtNo' 3 NFL _ a. •.• as >s ar r....• e ti To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. r\ • /Ti- 0 - _ it ^Rrfrjrr w. �' t � � I f�f Mgt 4 t t,tt � t