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1725 Ovation Construction Riverview Manholer t TO: City Clerk/City t omey/Mayor Wednesday, September 16, 2015 RE: Ovation Construction Co Inc., IFB 14/15 -14 Riverview Manhole & FM Repair 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 EJ Mayor's Rendering Safe keeping (V. U Payment Bond ❑ City Manager Signature ® City Clerk Attest /Signature ❑ City Attorney /Signature Once completed, please: ® Return originals to Purchasing- Department Marisol E-1 Return copies _2 Special Instructions: Please execute as soon as possible and return to Purchasing. Marr4otl or-do xz From T: \Dept_forms \City Clerk Transmittal Memo - 2009.doe Date 1 OCU M�.�:,�, APPROVAL ray r. 6/2 0 I; , (r 4:41 PM Contract Agreement Name: Ovation Construction Co Inc., IFB 14/15 -14 Riverview Manhole & FM Repair Finance i irector L1*11 Attorney 9-Z 1 - Z.o /`,r Date 4. s,.! Date Date DATE: 11/03/15 PURCHASE ORDER PO NUMBER 034614 CITY OF SANFORD P.O. BOX 1788 PURCHASING OFFICE: 407.688.5030 (300 NORTH PARK AVENUE) SUBMIT INVOICES TO: ACCOUNTS PAYABLE ACCOUNTS PAYABLE: 407.688.5020 SANFORD, FLORIDA 32772 FINANCE DEPT, FACSIMILE: 407.688.5021 FLORIDA TAX EXEMPT NO.: 8580126216810 -8 P.O. BOX 1788 SANFORD, FL 32772 VENDOR NO.: 12128 TO: SHIP TO: OVATION CONSTRUCTION COMPANY CITY OF SANFORD 251 PLAZA DR STE C 412 W. 14TH STREET OVIEDO, FL 32765 SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/15 NET /30 64891 ACCOUNT NO.: 452-4540-536.46-00 PROJECT NO.: NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 1 RIVERVIEW MANHOLE AND FORCE MAIN 92910.94 NA 1.00 92910.94 REPAIR IFB 14/15 -14; BID ITEMS MOBILZATION /DEMOBILIZATION TEMPORARY FORCE MAIN BYPASS DEWATERING MANHOLE REHAB NEW FORCE MAIN ASPHALT /ROAD REPAIR GRADING; SODDING AND LANDSCAPING . SUB TOTAL 92910.94 TOT L 92910.94 APPROVED BY: PU Mhdg 114 AGENT APPROVED BY: -- I CITY PANAGER ALL PACKAGES AND INVOICES ASSOCIATED WITH THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: //WWW.SANFORDFL.GOV/ DEPARTMENTS /PURCHASEITERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING SECTION 00520 AGREEMENT FORM PART1 GENERAL / 1.01 THIS AGREEMENT, made and entered into the ( day of"' by and between the City of Sanford. Florida 300 North Park Avenue Sanford Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Ovation Construction Company whose principal and local address is 251 Plaza Drive Ste C Oviedo FL 32765, hereinafter referred to as to as the "CONTRACTOR ". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section 00520 - Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00010 -1 of the Project Manual) includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Project. 3. Addenda Applicable to the Bid 4. Contractor's Bid, 00410. 5. Performance Bond, 00605. 6. Payment Bond, 00610 7. Material and Workmanship Bond, 00615. 8. Trench Safety (Executed Form), 00430 9. Non Collusion Affidavit, 00432 10. Conflict of Interest Affidavit, 00434 11. Public Entities Crime Affidavit, 00436 12. Compliance With the Public Records Law Affidavit, 00438 13. Bidder Qualification Affidavit, 00440 14. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 15. Certification Of Non - Segregated Facilities (Executed Form), 00450 AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -1 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 14/15 -14: Riverview Manhole and FM Repair. 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 75 calendar days. The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 15 calendar days from the actual date of substantial completion. D. Liquidated Damages AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -2 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 1000.00 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 $92,910.9 4 . Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end; the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to 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 AGREEMENT IFB 14115 -14 Riverview Manhole and FM Repair 00520 -3 of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Additional Terms and Conditions 1. The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and /or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals /bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and /or service providers to provide the same goods and /or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and /or service providers for CITY projects. The CITY reserves the right to select which goods and /or services provider shall provide goods and /or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods /services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 9970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or AGREEMENT lFB 14/15 -14 Riverview Manhole and FM Repair 00520 -4 privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and /or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and /or services to be provided and /or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, to wear identification badges at all times 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 AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -5 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 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. AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -6 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and /or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and /or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 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. AGREEMENT lFB 14115 -14 Riverview Manhole and FM Repair 00520 -7 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 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. AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -8 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 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 AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -9 and /or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and /or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 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. AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -10 d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. 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, AGREEMENT IFB 14115 -14 Riverview Manhole and FM Repair 00520 -11 thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520-12 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 919, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) 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. AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -13 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. 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 AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -14 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. 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. AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -15 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 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. AGREEMENT lFB 14/15 -14 Riverview Manhole and FM Repair 00520 -16 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall 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 AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -17 which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Name of Firm By (Signature) Date (SEAL) Printed Name and Title ATTEST: By (Signature) Date Printed Name and Title OWNER: Name of Owner 0---1 5- ' By (Signature) Date (SEAL) Printed Name and Title ATTEST: �� &a o. X By (S ature) Date Cynthia Porter, City Clerk Printed Name and Title AGREEMENT IFB 14/15 -14 Riverview Manhole and FM Repair 00520 -18 `4%. R CERTIFICATE OF LIABILITY INSURANCE -^"'� r9/9/2015 D /DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lassiter -Ware Insurance, Inc. 1317 Citizens Blvd. Leesburg FL 34748 CONTACT Linda Whiting PHONE ($00) 845 -8437 AC No); (888) 883 -8680 IX EMAIL ADDRE :LindaW @lassiter- ware.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Southern Owners Insurance Co. 10190 INSURED Ovation Construction Company 786 S. Lake Claire Circle Oviedo FL 32765 INSURER B INSURER C: INSURER D: EACH OCCURRENCE INSURER E A INSURER F: X COVERAGES CERTIFICATE NUMBER:15 -16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF M D POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Q OCCUR X 72059998 /19/2015 /19/2016 DAMAGE TO PREMISES E N rcurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GE ML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO- JFrT F-1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMI Ea accident 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 72059998 6/19/2015 6/19/2016 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB [I OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION 10,00 $ 920351300 6/19/2015 /19/2016 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Q NIA ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE _.. $ (Mandatory in NH) Dyes, descdbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ .. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: ITF 14/15 -14 Riverview Manhole and Force Main Repair. The certificate holder is an additional insured for premises operations under the terms and conditions of the general liability policy with respects to work being performed by the named insured as required by written contract. This insurance shall be primary and non - contributory. Cancellation: Thirty (30) day's notice except for Ten (10) day's notice for non - payment of premium. �u4 � 41 .1 (407)688 -5021 City of Sanford Purchasing Manager P.O. BOX 1788 300 N Park Ave Sanford, FL 32771 AI,VKU LO (LUTU /UD) INS025 oninnsl m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Linda Whiting /LINDWH U 1988 -2010 ACORD CORPORATION. All rights reserved. Tho Ar:r1Rn name and Innn arc ranicfarcri marirc of Ar npn CERTIFICATE OF LIABILITY INSURANCE Date 9/14/2015 Producer: Plymouth Insurance Agency 2739 U.S. Highway 19 N. This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend Holiday, FL 34691 or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # (727) 938 -5562 Insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Insurer A: Lion Insurance Company 11075 Insurer B: Insurer C: Holiday, FL 34691 Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terns, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance yP Policy Number y Policy Effective Date Policy Expiration Date Limits (MM /DD/YY) (MM /DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Claims Made 11 Occur Damage to rented premises (EA occurrence) Mad Exp Personal Adv Injury General aggregate limit applies per: General Aggregate Policy ❑Project 11 LOC Products - Comp /Op Agg AUTOMOBILE LIABILITY Combined Single Umit Any Auto (EA Accident) Bodily Injury All Owned Autos Scheduled Autos (Per Person) Bodily Injury Hired Autos Non -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESSIUMBRELLA LIABILITY Each Occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2015 01/01/2016 X WC Statu- OTH- Employers' Liability to Limits ER E.L. Each Accident $1,000,000 Any proprietor /partner /executive officer /member excluded? NO If Yes, describe under special provisions below. E.L. Disease - Ea Employee $1,000,000 E.L. Disease - Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations /Locations/Vehicles /Exclusions added by Endorsement/Special Provisions: Client ID: 93 -67 -173 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company ": Ovation Construction Company Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name: ISSUE 09 -14 -15 (AF) in Date 8/5/2013 CERTIFICATE HOLDER CANCELLATION CITY OF SANFORD PURCHASING MANAGER Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. P.O. BOX 1788 SANFORD, FL 32771 ? �• /lam Nielson, Mosholder & Associates A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330 -3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PERFORMANCE BOND BOND NO: FLC83021 Contractor Name: Ovation Construction Company, Inc.. Address: 251 Plaza Drive, Ste. C Oviedo Florida 32765 Phone No: 407 - 722 -4161 Surety Company: Merchants Bonding Company Surety Address: 6700 Westown Parkway West Des Moines IA 50266 Surety Phone No: 800 -678 -8171 Owner Name: City of Sanford Address: 300 N. Park Avenue Sanford, FL 32771 Phone No: 407 - 688 -5028 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Riverview Manhole and FM Repair: IFB 14/15 -14, Sanford Florida Project Location: Sanford, Florida Legal Description: Riverview Manhole and FM Repair: IFB 14/15 -14, Sanford, Seminole County, Florida Bond No. FLC83021 KNOW ALL MEN BY THESE PRESENTS: that Ovation Construction Company, Inc. (Name of CONTRACTOR) 251 Plaza Drive, Ste. C. , Oviedo, Florida 32765 (Address of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Name of Surety) 6700 Westown Parkway, West Des Moines, IA 50266 (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 - Ninety Two Thousand Nine Hundred Ten and 94/100 - DOLLARS t$ 92,910.94 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that wh theme Principal entered in2 to a certain Agreement with the OWNER, dated the day of a copy of which is hereto attached and made a part hereof for the construction of the project identified by the footnote on this page. This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and Riverview Manhole and FM Repair IFB 14/15 -14 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or Riverview Manhole and FM Repair IFB 14/15 -14 noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this the day of d , 2015 ATTEST: Secr ary (Principal) Typed Name ' (CORPORATE SEAL) (Witness to Principal) Typed Name ATTEST: see attached power of attorney (Surety) Secretary Typed Name Riverview Manhole and FM Repair IFB 14/15 -14 Ovation Construction Company, Inc. Principal (Contractor) - -- By (Si ature) Typed Name and Title 251 Plaza Drive, Ste. C. Address Oviedo, Florida 32765 City, State, Zip 407 - 722 -4161 Fax: (866) 431-6032 Telephone No. Facsimile No. Merchants Bonding Company Surety 515- 243 -8171 (305) 888 -0096 Telephone No. Facsimile No. (CORPORATE SEAL) "Xz e�, � ",/- - Mn'ess as to Surety/ Natalie C. Demers, CC80 Typed Name -Witness Witness @3toSurety Kelly Phelan Typed Name Laura D. Mosholder, Attorney-In-Fact Typed Name Florida Resident Agent 4380 St. Johns Pkwv, Ste. 110 Address Sanford, Florida 32771 Ckv, S[ota, Zip 407-330-3990 407-330-3949 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to dGb] of Agreement, If CONTRACTOR is 8 joint wantura, all ventures' ohoU execute the Bond. If CONTRACTOR is padnerahip, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH g Certified Power-of-Attorney appointing individual /\tto[Dey-iD-Fact for execution of Performance Bond on behalf of Surety. END OFSECTION Riverview Manhole and FMRepair |FB 14/15-14 Nielson, Mosholder & Associates A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330 -3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PAYMENT BOND BOND NO: FLC83021 Contractor Name: Ovation Construction Compan.. Address: 251 Plaza Drive, Ste. C Oviedo Florida 32765 Phone No: 407 - 722 -4161 Surety Company: Surety Address: Surety Phone No Owner Name: Address: Phone No: Merchants Bonding Company 6700 Westown Parkway West Des Moines IA 50266 800 -678 -8171 City of Sanford 300 N. Park Avenue Sanford, FL 32771 407 - 688 -5028 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Riverview Manhole and FM Repair: IFB 14/15 -14, Sanford, Floridn Project Location: Sanford, Florida Legal Description: Riverview Manhole and FM Repair: IFB 14/15 -14, Sanford, Seminole County, Florida Bond No. FLC83021 11. i i KNOW ALL MEN BY THESE PRESENTS: that Ovation Construction Company, Inc. (Name of CONTRACTOR) 251 Plaza Drive, Ste. C., Oviedo, Florida 32765 (Address of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Name of Surety) 6700 Westown Parkway, West Des Moines, IA 50266 (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 - Ninety Two Thousand Nine Hundred Ten and-94/100- DOLLARS ($ 92,910.94 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is s that where s, th Principal entered into a certain Agreement with the OWNER, dated the day of 2015 a copy of which is hereto attached and made a part hereof for the construction of the project identified by the footnote on this page. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty -five (45) days after beginning to furnish labor, Riverview Manhole and FM Repair IFB 14115 -14 00610 -02 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 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 of 2015 ATTEST: v, J-1 — Secre ry (P incipal) Typed Name Riverview Manhole and FM Repair IFB 14/15 -14 Ovation Construction Company, Inc. Principal (Contractor) By (Si ature p, 6YJ- Typed Name a d Title 00610 -03 (CORPORATE SEAL) (Witness to Principal) Typed Name ATTEST: see attached power of attorney (Surety) Secretary Typed Name (CORPORATE, SEAL) 7 4<_�/ I'll , C_ Witness as to Surety Natalie C. Demers, CCSR Typed Name - Witness Witness as to Surety Kelly Phelan Typed Name 251 Plaza Drive Ste. C. Address Oviedo, Florida 32765 City, State, Zip 407 - 722 -4161 Fax: (866) 431 -6032 Telephone No. Facsimile No. Merchants Bonding Company Surety 515- 243 -8171 (305) 888 -0096 Telephone No. Facsimile No. By:' ey -in -Fact Laura D. Mosholder, Attorney -In -Fact & Typed Name Florida Resident Agent 4380 St. Johns Pkwy, Ste. 110 Address Sanford, Florida 32771 City, State, Zip 407 - 330 -3990 407 - 330 -3949 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Riverview Manhole and FM Repair IFB 14/15 -14 Bond No. FLC83021 SECTION 00615 -2 The Principal and Surety further jointly and severally agree that the OWNER at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Principal shall fail or refuse to do so, and in the event the OWNER should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the OWNER the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects. IN WITNESS WHEREOF, this instrument is executed this the N-M day of © CI VLPY 2015 ATTEST: Secre ry ( rincipal) Typed Name (CORPORATE SEAL) 9't (Witness to Principal) (!>C .r> JAViA L?) Typed Name ATTEST: see attached power of attorney (Surety) Secretary Typed Name (CORPORATE SEAL) Witness as to Surety Riverview Manhole and FM Repair IFB 14/15 -14 Ovation Construction Company, Inc. Principal (Contractor) k � 4 if a By (Sig ature) i0--+3 RT POG- S, Typed Name acid Title 251 Plaza'Drive Ste. C. Address Oviedo, Florida 32765 City, State, Zip 407 - 722 -4161 Fax: (866) 431-6032 Telephone No. Facsimile No. Merchants Bonding Company S u rety 515- 243 -8171 (305) 888 -0096 Telephone No. Facsimile No. -'-° torney t-in- act _.- SECTION 00615-3 Natalie C. Demers, CCSR Typed Name -Witness A Witness as to Surety Kelly Phelan Typed Name Laura D. Mosholder, Attorney-In-Fact & Typed Name Florida Resident Agent 4380 St. Johns Pkwy, Ste. 110 Address Sanford, Florida 32771 City, State, Zip 407-330-3990 407-330-3949 Telephone No. Facsimile No, NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Riverview Manhole and FM Repair IFB 14/15-14 '4� MERCHANTS BONDING COMPANY,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, individually, Edward M Clark; Laura D Mosholder of Sanford and State of Florida their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: EIGHT MILLION ($8,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc- on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13thday of August , 2014 . STATE OF IOWA COUNTY OF POLK ss. .,W tore, rye. t —0- vt C . `,,``'throe '�• !ho •moo Op,POq .y'. •y yy 1933 c; • J •�lr• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 77�c- President On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.: and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. 'A{s WENDY WOODY o Commission Number 784654 z My Commission Expires o ¢ June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., 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 still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my ha this day of 2015 110144 � nd and affixed the seal of the Companies on .• o :° P ogUgiOyy: :, • Q 1933 C ; Secretary '.� :tip. 0 POA 0014 (7/14) c'�,�, ..... �i= .'' ••.ds' ,•.. . `1� CITY COMMISSION MEMORANDUM 15.128.B AUGUST 10, 2015 AGENDA WS_ RM X Item No. 6.13 TO: Honorable Mayor and Members of the City Commission PREPARED BY: Paul Moore, Utility Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Bid No. IFB 14/15 -14 Award Riverview Manhole and Force -Main Rep STRATEGIC PRIORITIES: ❑ Unify Downtown& the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of a bid award for the Riverview manhole and force -main repair project is requested. FISCALISTAFFING STATEMENT: The low bid was $92,910.94. Funds are available in account number 451 - 4540 - 536- 46 -00. BACKGROUND: City personnel discovered an existing manhole at the corner of Riverview Avenue and 1st Street to be in poor condition. There are two sewer force -mains that discharge flow into this manhole and sections of the force -main need to be replaced. On July 7, 2015, bids were opened for the repair of this manhole. Bids were received from these contractors as listed below: Bidders Price 1) Ovation Construction Company $ 92,910.94 251 Plaza Drive, Suite C Oviedo, Fl 32765 2) Danus Utilities Inc. $133,880.00 4133 Saddle Club Drive New Smyrna Beach, Fl 32168 3) Cathcart Construction Company $218,000.00 1056 Willa Springs Drive Winter Springs, F132708 LEGAL. REVIEW: No legal review requested of the City Attorney. RECOMMENDATION: It is staff's recommendation that the bid be awarded to the lowest bidder, Ovation Construction Corporation, in the amount of $92,910.94 for the Riverview manhole and force -main repair project SUGGESTED MOTION: "I move to approve the award of Bid No. IFB 14/15 -14 to the lowest bidder Ovation Construction Corporation, in the amount of $92,910.94 for the Riverview manhole and force -main repair project" Attachment: Bid Tabulation Purchasing Certification and Minutes m (U C) Of C, .r- N M E W Ln U vi V 40- " r- Ln o m Ll- N V) 4- 0 Co U- C: °' U CL > 0 r_ .2 .0 > o 4- C tw co r- Ln tn 4- M 0 r- u 0 to M 0 a to m " Ln O @j 00 to N E 0 Ln Ln M CO co tD CL C:) 0 0 Ln C) 0 0 0 0 U) 00 a to Cli 0 C) to C 0 � Ln r" Ln rll Qo � 1.0 cl' M ci a) �o O 0 co eq 00 Im m 00 r-4 V4 0) °0 0 0 0 °o 0 0 C) cli Ln 0 (Y) 0 to 0 0 0 Ln 0) 0) W Ln 0) 0 "It r- 0) 0) 00 Oo M to 00 en rlj 0 U:) 00 CY) M cn r-i 0, Cl C) C) C) 0 0 0 0 0 O 0 0 C) 0 CD 0 a 0 C) 0 C) 0 0 C) C) 0 0 C) 0 0 0 4J 00 V-i C3'j rl T-1 Ln 00 ce :5 LUUJ 4. I-- CL z to 0 0 LL. Q? 76 a h CL, U, V), W Im, 0 N 0 E 0 0 cn m co fu u %- 0 U- i>f 0 0- E c m w -6 -C a 0 ci z a (D w 0 CL &n < CL cu u m c m 0 V) m L- (D -0 0 F- rl N 'n m F- r_ .2 .0 > o 4- C tw co r- Ln tn 4- M 0 r- u 0 to M 0 a to m " Ln O @j 00 to N E 0 Ln Ln M CO co tD CL C:) CITY OF SANFORD, FLORIDA - PURCHASING DIVISION SOLICITATION OPENING CERTIFICATION AND MINUTES (Section 255.0518, Florida Statutes) A. Solicitation Title RIVERVIEW MANHOLE AND FM REPAIR B. Number IFB 14/15 -14 Opening Date 7/7/2015 Time 2:00 P.M. Location of Opening: City Commission Chambers 1. On this date the opening of the solicitation response identified above is hereby verified and the public announcements recorded below regarding the solicitations received were duly made. It is noted that no other business was conducted, there were no discussions and no input was received from anyone in attending. There was no attendance record made. X IFB- Announced the name of each bidder and the amount of their bid. _ RFP- Announced the name of each respondent. RFQ- Announced the name of each respondent. _ If any submission was not opened and /or announced, check this item and indicate specific information on tabulation below. _ n 2. e of City Employee)�hrop Certification (1) By: ®r.'1'2Kr4=:5MZrA Signature a i riririt� f 4 -/-/ 5 lw-r, 1-f ff- date rinted na6lre a fid title "r III-Ir �W'Aq ads' 14 date printed name and title All submissions were opened and read. The tabulation below reflects the information read. Any solicitation(s) not opened and /or read are so noted below along with reason for exclusion. 3. The public notice required by § 286.0105 and 286.011 Florida Statutes is attached hereto. 4. The following listed persons attended and spoke at the bid opening identified above. Tabulation liNITETRITOMWIMI MA �ffi Initial here if tabulation is attached in lieu of using the above tabulation or if additional pages are attached. It is noted that this is page one of pages. SECTION 00410 BID FORM PART IGENERAL 1.01 Description The following Bid, for the (1) IFB 14/15 -14 Riverview Manhole and FM Repair, is hereby made to (2 _City Sanford, hereafter called the Owner. This Bid is submitted by (3) (1) Name of Project as shown in the Invitation for Bids (2) Owner (3) Name, address, and telephone number and email address of Bidder 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number i Dated -71) 115 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 75 calendar days of the date and final completion 15 days later making a total of 90 days of the Notice to Proceed. Riverview Manhole and Force Main Repair IFB 14115 -14 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. A. The bid. *Note: The bid must be submitted on this document. BID SUBMISSION IFB 14/15 -14 Riverview Manhole and Force Main Repair - BID ITEMS ITEM DESCRIPTION BID PRICE 1 Mobilization / Demobilization IL3 S47 .s 2 Temporary Force Main Bypass -7 '7Ite,-v 3 Dewatering 4 Manhole Rehab 5 New Force Main Z- 3,6oS'. L?J 6 Asphalt / Road Repair I is, e.E, S; 75 7 Grading, Sodding, and Landscaping ZZI-7 , Total Base Bid 492.1 - NAME OF BIDDER: ( >VATJO, -) 60"n?Rvc.j Od 1.04 Miscellaneous Requirements and Affirmations A. Bids must be on the Bid Form. (Submit 1 original and 3 copies of your response including the attachments listed in Item B) B. I have attached the following required fully executed forms to this Bid: �1. Bid Security (Bid Bond) per Section 00420 Florida Trench Safety Act Statement - Section 00430 Riverview Manhole and Force Main Repair IFB 14115 -14 3. Aon Collusion Affidavit - Section 00432 4. Xonflict of Interest Affidavit - Section 00434 5. lublic Entities Crime Affidavit - Section 00436 6. „Compliance With the Public Records Law Affidavit - Section 00438 7. . gidder Qualification Affidavit - Section 00440 8. Receipt of Exempt Public Records and Agreement to Safeguard - Section 00442-- P60STZ 9. ,,Cert. Non-Segregated Facilities - Section 00450 10. vDisputes Disclosure - Section 00452 11. Lbrug Free Workplace Affidavit - Section 00454 —V____0-nauthorized (Illegal) Alien Worker Affidavit - Section 00456 13. fE-Verify Compliance Affidavit - Section 00458 14. ,ADA Affidavit - Section - 00460 1.06 SUBMITTED, signed and sealed this day of SI?L"l 2-01s t 2VAF) o,J Contractor &AY (Sioature) I Ddte Z3_1 PL.A_ZJ- SCHT6, C, Business Address 3-L-70-1S City state Zip Code Telephone No. Facsimile No. r - ,p6, 7_X CY E-Mail Address ATTEST: . (by Company Officer) 4-fa -7 call By (Sig#uire) bate E_Q I #'D Printed Name and Title END OF SECTION Riverview Manhole and Force Main Repair IFB 14116-14 Pridted Name and Title (CORPORATE SEAL) SECTION 00420 BID BOND FORM KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Ovation Construction Company, Inc. , as Principal, and (2) Merchants Bonding Company as Surety, are hereby and firmly bound unto The (3) City of Sanford, Florida as Owner, in the penal sum of (4) -Five Percent (5 %) of Proposed Bid - Dollars ($ - -5 %--- ) (5 percent of the total base bid) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) The City of Sanford, Florida as Owner a certain Bid for (5) IFS 14/15 -14 Riverview Manhole and FM Repair 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 Riverview Manhole and FM Repari IFB 14/15 -14 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be. hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 7th ATTEST: By (Principal Officer) Typed Name and Title day of July 7 2015 By — — Natalie C. Demers, CCSR Typed Name and Title Witness (SEAL) Riverview Manhole and FM Repari IFB 14/15 -14 Ovation Construction Company, Inc. Principal By {Sig ture of Officer) 5 Typed Name and Title &) jpL qg -zA (DA- Sa, V i T4z'i C. Address City, State, Zip MerchantgjInniiin Company uret t By: -� orney -in -Fact Laura D. Mosholder, Attorney -In -Fact & Typed Name and Title Florida Resident Agent 4380 St. Johns Pkwy, Ste. 110 Address Sanford, Florida 32771 City, State, Zip 407 - 330 -3990 407- 330 -3949 Telephone No. Facsimile No. END OF SECTION 420 -2 MERCHANTS BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint, individually, Edward M Clark; Laura D Mosholder of Sanford and State of Florida their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: EIGHT MILLION ($8,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of August , 2014 . y"Ck0IJ,q�'�f, 2C+?3 STATE OF IOWA COUNTY OF POLK ss. • ; Ga 9,y� • y� y 1.- $ -O- •L' 1933 c ' •.,d,;ik MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /-f,7 77g�,— President On this i3thday of August 2014, before me appeared Larry Taylor, tome personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, i have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. &e�'Ats WENDY WOODY o I Commission Number 784654 .i_ h�l Commission Expires Y i June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., 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 still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7th day of July 2015 ..G 10 14A C?**. 1933 Secretary POA 0014 (7114) ysr - ....•;,��`��,' ,w •,• Project Name: Riverview Manhole and FM Repair Solicitation No.: 1F13 14116-14 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. OVAT10f,J (- Name of Bidder z pL,,A-zA atz, r;)y1coo .4tP, -7Zt - V/ 6J a) 0 /4 7- 1(),,,j /,(-) C Address of Bidder Phone No. of Bidder Bidder E-Mail Address Bidders Contractor's License No(s). (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 KA Corporation ( ) An LLC Principal Office Address: Z S- ) (-1 Z,.4 -Z, A (.) R , S G-1 I V /6.0 0 1. If Bidder is a corporation or LLC, answer the following: 2. Date of Incorporation: State of Incorporation: Presidents Name: Vice Presidents Name: Secretary's Name: Treasurers Name: r ,/A, 6 E, Ais 1i tt I ) I I ) I ii If Bidder is an in i "dual or a partnership, answer the following: anization: Date of= Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115-14 Name, Address and /Owners Units of all Partners: 'r State whether gener or limited partnership: 3. If Bidder is other than an individual rMrpOration",r partnership, describe the organization '-- and give the name and address of pnn. 4. If Bidder is operation under a fictitious name, submit evoence of compliance with the Florida Fictitious Name Statute. Information attached: V Yes N/A 5. How many years has the Bidder been in business as a Contractor under its present name? 0 L,4 6. Under what other former names has the Bidder operated? /1,/ "),,AJ Z, 7. How many years' experience in construction work has the Bidder had as a Prime Contractor? OL/A'7-1(--J 8. List below information concerning projects the Bidder has completed in the last five (5) years as a Prime Contractor for the type of work required for this project (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Bidder named above. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Bidder. Name of Project Name of Owner Owner Contact Name and Phone No. Construction Contract Amount Major Construction Items 440-2 vation ILM ja Onstruction, Inc. 3RACT*R SERVICE, INC. .. . _ EXAMPLE PROJECT: PROJECT NAME: Naranja Road and 2nd Street Drain- age Improvement OWNER: City of DeBary OWNER CONTACT: Kevin Hare, Project Engineer GAI Consultants Construction Services Manager Mobile 321 - 436 -1070 DATE OF CONTRACT: September, 2013 CONTRACT AMOUNT: $217,300.00 SUMMARY OF WORK: Perform excavation, grading and drainage upgrades to a public road for the City of DeBary. Work in included excavation, storm water management, ROW upgrades, MOT man- agement, and sodding. i 'aya on I onstruction, nc. FINAL ASPHALT REPAIR EXAMPLE PROJECT: PROJECT NAME: Daytona State College Bld 200 Load- ing Dock Storm water Repair OWNER: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida OWNER CONTACT: Mr. Steve Eckman, Director 386 -506 -3222 Fax: 386 -506 -3132 DATE OF CONTRACT: August, 2012 CONTRACT AMOUNT: $28,500 SUMMARY OF WORK: The existing 16" storm water clay piping failed due to deterioration. Being only weeks away from the start of Fail Semester, it was imperative that it was replaced immediately. Complicating the repair was the fact that a section of the pipe was located under an existing retaining wall. Scope of Work included excavation, storm water piping, asphalt repair, maintenance of traffic, grading and compaction. vat�on Ing _u r onstruction, Inc. T c � s� E-, INC. .� 01 4 V 0 1 1113 1 EXAMPLE PROJECT: PROJECT NAME: Carpenter Avenue Drainage and Retention Project OWNER: City of Orange City OWNER CONTACT: Mr. David Hamstra, Principal Pegasus Engineering LLC 301 West State Road 434, Suite 309 Winter Springs, FL 32708 407992.9160, Ext. 309 407.358.5155 fax DATE OF CONTRACT: August, 2013 CONTRACT AMOUNT: $74,000 SUMMARY OF WORK: Perform drainage repairs and construct a retention pond off Carpenter Avenue. Includes site grading, excavation, storm water management, ROW upgrades, MOT management, and sodding. n '%s ' {v6/ t on LM onstruction, Inc. TRACTOR SERVICE, INC- ! i ! !. LAKE LAKE COUNTY FLO C ) EXAMPLE PROJECT: PROJECT NAME: CR 951A Culvert Repair & Mod- ification OWNER: Lake County Government OWNER CONTACT: Mr. Jeff Johnson, Project Manag- er 352 - 483 -9024 Fax: 352- 483 -9025 DATE OF CONTRACT: November, 2012 CONTRACT AMOUNT: $16,000 SUMMARY OF WORK: Lacking preventative mainte- nance for many years, the existing culvert was overgrown and in need of remediation including construction of concrete energy dissipaters, sod, erosion fabric, landscaping, etc. Scope of Work included excavation, concrete work, maintenance of traffic, grading and sod. n _ patio onstruetion Inc. TRACTOR SERVICE, INC- 1 , # SUNRAIL CONNECTOR WALKWAY EXAMPLE PROJECT: PROJECT NAME: Sun Rail Connector Walkway at Riverview Apartments PROJECT ADDRESS: 2593 River Landing Drive, Sanford, Florida OWNER: Rizzetta & Company, Inc. OWNER CONTACT: Anthony Jeancoia, Community Associate Mngr. Tizzetta & Company, Inc. 407 -472 -2471 DATE OF CONTRACT: April 2014 CONTRACT AMOUNT: $48,921.00 SUMMARY OF WORK: Constructed an access walk- way from a neighboring community to a Sun Rail Station in Sanford. Included excavation, grading, sidewalks, access ramp with handrails, drainage improvements and landscaping. Project Name: Riverview Manhole and FM Repair Solicitation No.: iFB 14115 -14 9. Has the Bidder ever failed to complete any work awarded to it? If so, state when, where and why (attach additional sheets as necessary). /JO 10. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore (attach additional sheets as necessary). lJo 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Bidder (attach additional sheets as necessary): 12. What is the Bidder's bonding capacity? Lf 1-791&L )Gvj 14 6 C7X6'47-47V 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? s'Z J S Cpl >, al"? 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: 43 Gtr s. O-ONJ's �,�,�(.,�A`�n.�'F�✓�p 15. Has the Bidder been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). ,k4'-'7A) & The Bidder acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the City in awarding the contract and such information is warranted by Bidder to be true. The discovery of any omission or misstatement that materially affects the Bidder's qualifications to perform under the contract shall cause the City to reject the bid or proposal, and if after the award to cancel and terminate the award and /or contract. OVATU -0 CvusiPU C i [0.0 Name of Bidder 440 -3 Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115 -14 SECTION 00432 -1 NON COLLUSION AFFIDAVIT The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individual signing this document. 6V"-% -T\ Y3 7o -osT. Bidder Signature Autho zed Representative (Affiiant) D to Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF SCU-11j iM19 STATE OF FLORIDA Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14/15 -14 On this b day of `"SULK , 20 S , before me, the undersigned Notary Public of the State of Florida, personally appeared t?, Af--i p pjS11,A whose name(s) is /are subscribed to the within instrument, and he/shelthey acknowledge that he /shelthey executed it. WITNESS my hand and official seal. He /She is personally known to me or has produc ezkIJ eJz S L �C47 ASI;? , as identification. SEAL (Notary Public in and for the County and State Aforementioned) My commission expires: - tjMORE END OF SECTION ELENA PAUL - State of Florida res Aug 7, 2015 =' ; .= MY Comm. E101 Commission M " I WL SECTION 00432 -2 Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 1411544 SECTION 00434-1 CONFLICT OF INTEREST AFFIDAVIT The Affiant identified below deposes and states that: I The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Bidder's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project 5. Neither the Bidder nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. 1 certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. 1 certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. Project Name: Solicitation No.: Bidder Riverview Manhole and FM Repair IFB 14115 -14 Signature of P�thorizeV Representative (Affiant) Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF SuMI,:DCL STATE OF FLORIDA Date On this 6 day of '�SII Jul , 20 �_, before me, the undersigned Notary Public of the State of Florida, personally appeared KAN� P ��Sl 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 tome or has produced as identification. (Notary);lubt'c in and for the County and State Aforementioned) SEAL My commission expires: Q 7 I- END OF SECTION ELENA WHITMUE Notary Public - State of • My Comm. Expires Aug Florida 7. 2015 Commission # FF 141210 SotWed Dr N�imal Notary Assn, 00434 -2 Project Name: Riverview Manhole and FM Repair _ Solicitation No.: 1F13 14115-14 SECTION 00436-1 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT Tha/#fiant identified below attests tothe : | understand that o "public entity crime" omdefined in Section 287.133M\h d. Florida Statutes, a violation of any State or Federal law bye person with respect to and directly related tothe transaction mf business with any public entity mr with mn agency or political subdivision of any other state or with the United States, i |udin but not limited to, any bid or contract for goods or services to be provided to any public entity or on agency or pmUtioo| subdivision of any other state or of the United States and involving antitruot, freud, theft, bhbery, ooUuainn, nackehaehng, conspiracy, or material misrepresentation. 2. 1 understand that "convicted" or "conviction" as defined in Paragraph 133M\ /b\ Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or Without an adjudication of guilt, in any Federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 3. | understand that on ^offi|kab" as defined in Section 287.133(l)(a)' Florida Statutes, means: A predecessor or successor mfa person convicted mfo public entity crime: oran entity ~ under the control of any natural person who is active in the management of the erd-, and how has been convicted ofapublic entity crime. The term ^affi|iate"includes those mffimsro, dinemtona, axeoutivea, partners, shareholders, ho|ders, ennp|oyeaa, nmernberg, and agents who are active in the management of an affiliate. The ownership by one M person of shares constituting a controlling interest in another paroon, or pooling of equipment or income among persons when not �rfair market value under an arm's |anothagnaernent.ehoUba - �toniacoaethatoneparaonomntnzmanotherperaon. �� ~=�'n nvhm knowingly prima na into o joint venture vv�h a person who has been convicted ofm public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 4. | understand that g ' as _defined in Section 287.133(l) (e), Florida Statutes, neans any natural person or entity organized under the bamo of any state on of the United States with the legal power to into s binding contract and which bids or applies to bid onmortract for by a public - entity, which otherwise transacts or applies to transact business with a public entity. The term "person~ includes those offimans, dinectono, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 5. Based on information and belief, the statement which | have marked below is true in relation to the entity submilting this swom statement. (Note: indicate which of the below statements apply) Project Name: Riverview Manhole and FM Repair Solicitation No.: 1FB 14M6-14 ✓ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) 1 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 1 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. C(2- S 6- L s Bidder 4 11 FEiN No. Signature of 4uthorizdd Representative (Affiant) Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF 561% -JOLZ STATE OF FLORIDA On this day of �TLi Ul , 20 I , before me, the u dersigned Notary Public of the State of Florida, personally appeared F rZT IC'A e,�o I� 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 p , as identification. r-, (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: 0410 7 00436 -2 END OF SECTION ELENA WHITMORE Notary Public . state of Florida My Comm. Expires Aug 7.2015 ;• V Commission # FF 141210 �?' %° ���'��, Bonded Through Nr►ai Natary Assts. Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115 -14 SECTION 00438 -1 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or ten (30) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers /Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity which pages /paragraphs of their bid /proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the Bidders documents. ()V,47)( ().,.1 C, uJ Bidder (, -., t V /) , K I' Co ! t S Signature of uthoriz d Representative (Affant) Date P-)er KAPP -)-os, -1 i0i 5� Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF S45,11 1x,7Qi.0 STATE OF FLORIDA On this day of St -�Ut'1 , 20 / , before me, the undersigned Notary Public of the State of Florida, personally appeared�;/cl' fi�1J2(� 1�5 whose name(s) is /are subscribed to the within instrument, and he /sheithey acknowledge that he /she /the ted -i WITNESS my hand and official seal. He /She is personally known to me or h s pro c ;(�.S t�f ��5 as identification. __._. .1 X \ - ary Public in and for the ounty and State Aforementioned) SEAL My commission expires: �7 �i' / ? /,S- END OF SECTION ELENA WHITMORE Notary Public - state of Florida • My Comm. Expires Aug 7,10 2015 Commission 8 rF 141210 °' %;;,OF `.`„°:P�` Bonded ihrou�t N Notary Asst►•. Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115 -14 Signature of A thorize4 Representative (Affiant) Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF STATE OF FLORIDA On this day 13' of U � , 20 1 , before me, the ndersigned Notary Public of the State of Florida, personally appeared �=%r�' -T whose name(s) is /are subscribed to the within instrument, and he /shelthey acknowledge that he /she /they executed it. WITNESS my hand and official seal. He /She is personally known to me or has produced Q e_ ; Ac UY- I as identification. SEAL (Notary Public in and for the County and State Aforementioned) My commission expires: ®AZ © 7 j �' ELENA wHiTMORE r Notary Pubtic - State of Florida :nC y C omm. Expires Aug 7.2015 ommission # FF 141210 de4 the for�al Notes Asm END OF SECTION 440-4 Project Name: Riverview Manhole and FM Repair Solicitation No.: (FB 14116-14 SECTION 00460-1 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. CWAT10A-,) Ct2VS7R-06:,T)vA-) Contractor Signature o%uthorizfed Representative Date Printed or Typed Name and Title of Authorized Representative END OF SECTION Project Name: Riverview Manhole and FM Repair Solicitation No.: 1FB 14115-14 SECTION 00462-1 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the space provided, please add a page(s) if additional space is needed. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or an other regulatory agency or professional association within the last five (5) years? -- _(Y/N) 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? /V 0 (Y/N) 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? do (Y/N) Note: If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. NA-TW-0 e0?,QST- Firm S— of A4thorized Representative k) Printed or Typed N4ne and Title of Authorized Representative END OF SECTION Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115 -14 SECTION 00454 -1 DRUG FREE WORKPLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and Employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in item 1. 4. In the statement specified in item 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Firm l � s- Signature of uthoriz d Representative Date Printed or Typed Name" and Title of Authorized Representative END OF SECTION Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115 -14 SECTION 00456 -1 UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT The City of Sanford will not intentionally award publicly- funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City of Sanford shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A (e) of the iNA shall be grounds for immediate termination of this Agreement by the City of Sanford. The Affiant identified below deposes and states that: The below identified Contractor does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 2. Upon request of the City, it will provide copies of immigration Form 1 -9 for each person associated with the above named company who has been or is present at the designated jobsite associated with any work or project resulting from this solicitation. (?' AJAMO iJ !'O&) Contr ctor 6I Signature Autha zed Representative (Affiant) D to Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF S6r'- IA- rOL6 STATE OF FLORIDA On this day of 20 I , before me, the undersigned Notary Public of the State of Florida, personally appeared CV-r kAP - 'J,, SlA 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 ha as identification. (Notary Public in and for the County and State Aforementioned) SEAL My commission expires: -n� '� END OF SECTION '0,,,,,,, EIENA WtiISMOBE �r' Y �'�: -� Notary Public - State at Florida • My Comm. Expires Aug 7.2013 Commission #r' FF 141210 " N As$n. h�up�a O��y Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115 -14 SECTION 00462 -1 FINANCIAL INFORMATION FORM If requested by the City of Sanford, the following information is to be provided by the Bidder as part of the City's evaluation of the Bidder after Bids have been received by the City: 1. Bank References: Name of Bank Bank Address Contact Name and Title Contact Phone No. R6 6-10vJ & l) A 'xA�vtal2l A POtal -0, eAh 6.00; j gf-,A /nMAA�'a> t/, p, 2. Attach a financial statement including Bidder's latest balance sheet and income statement showing the following items: A. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). B. Net Fixed Assets C. Other Assets D. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115-14 E. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings) F. State the name of the firm preparing the financial statement and date thereof. G. This financial statement must be for the identical organization named on page one. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. 3. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Bidders business and indicate the percentage owned of each such business and/or individual: Name Address Percentage Owned 1561zlr (A Sk,) -7I to 5, ZA K 6 C,J- A I Zc 6P7 - J r-t__ 0V1r ,r-J,7, 16V el ?VA Th Bidder M Signatut - of Authorized Representative Dite 1,31L.11tr ARPWS^kil, PRE-S Printed or Typed Name and Title of Authorized Representative END OF SECTION 00462-2 3 :06 PM OVATION CONSTRUCTION COMPANY 07/06/15 Balance Sheet Accrual Basis As of July 6, 2016 Total Current Assets 777,751.02 Fixed Assets Jul 6, 16 ASSETS - 315.00 Current Assets - 2,526.00 Checking/Savings 6,086.40 Charles Schwab 6667 26,501.33 Regions Bank 308,009.44 Total Checking/Savings 334,510.77 Accounts Receivable 28,041.84 Accounts Receivable 106,384.25 Total Accounts Receivable 106,384.25 Other Current Assets 39,558.36 Cost & Estimated Earnings in Ex 336,856.00 Total Other Current Assets 336,856.00 Total Current Assets 777,751.02 Fixed Assets 817,309.38 Accumulated Amortization - 315.00 Accumulated Depreciation - 2,526.00 Computer & Other Office Equip 6,086.40 Construction in Progress 0.36 Furniture and Equipment 5,330.87 Home Office Construction 2,392.39 KIA 28,041.84 Organizational Costs 315.00 Pre -paid Bond 232.50 Total Fixed Assets 39,558.36 TOTAL ASSETS 817,309.38 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 134,188.29 Total Accounts Payable 134,188.29 Credit Cards Capital One- 082216402 - 2,550.19 Total Credit Cards - 2,550.19 Other Current Liabilities Billings in Excess of Cost 1,573.00 Loan from Albert 0.15 Total Other Current Liabilities 1,573.15 Total Current Liabilities 133,211.25 Total Liabilities 133,211.25 Equity Additional Paid in Capital 109,982.00 Capital Stock 200.00 Distributions - 12,988.58 Retained Earnings 623,484.89 Shareholder Distributions - 37,492.77 Valuation Allowance - Unrealize - 7,253.00 Net Income 8,165.59 Total Equity 684,098.13 TOTAL LIABILITIES & EQUITY 817,309.38 Page 1 3:08 PM 07/06/15 Accrual Basis OVATION CONSTRUCTION COMPANY Profit & LOSS January through December 2015 Jan - Dec 15 Ordinary Income /Expense Income Construction Income 1,440,786.86 Total Income 1,440,786.86 Cost of Goods Sold Construction Materials Costs 11,672.20 Other Construction Costs 349.50 Permits 11,712.13 Subcontractors Expense 1,196,055.59 Total COGS 1,219,789.42 Gross Profit 220,997.44 Expense Auto and Truck Expenses 17,294.97 Bank Service Charges -8.00 Bid Expenses 603.61 Business Licenses and Permits 50.00 Charitable Contributions 1,550.00 Computer/ Internet Expense 1,332.39 Dues and Subscriptions 45.00 Employee Leasing 67,911.05 Faxes 47.80 Insurance Expense Automobile 678.00 General Liability Insurance 16,874.32 Health Insurance 2,262.56 Life Insurance 6,079.20 Total insurance Expense 25,894.08 Interest Expense -83.32 Licenses 150.00 Marketing 779.02 Meals and Entertainment 2,902.08 Miscellaneous Expense 733.29 Office Supplies 1,521.73 Postage and Delivery 416.54 Professional Fees 4,675.00 Rent Expense 4,975.50 Taxes & Licenses 74,253.00 Telephone Expense 2,574.34 Travel Expenses 5,213.93 Total Expense 212,832.01 Net Ordinary Income 8,165.43 Other Income /Expense Other Income Interest Income 0.16 Total Other Income 0.16 Net Other Income 0.16 Net income 8,165.59 Page 1 Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115 -14 SECTION 00458 -1 E- VERIFY COMPLIANCE AFFIDAVIT The Affiant identified below attests to the following: That the Contractor is currently in compliance with and throughout the term of the above identified project and will remain in compliance with Executive Order 11 -02, issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ( "E- Verify ") System to ensure that all employees of the Contract and the Contractor's subcontractors performing work under the above - listed Contract are legally permitted to work in the United States. 2. Each Contractor that performs work under the Project referenced above shall provide the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating enrollment in the E- Verify Program. 3. The Contractor will register and participate in the work status verification for all newly hired employees of the contractor and for all subcontractors performing work on the above - listed Contract. 4. The Contractor agrees to maintain records of its compliance with the verification requirements as outlined in this Affidavit and, upon request of the any Authority having jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to provide a copy of each such verification to that Authority. 5. That all persons assigned by the Contractor or its subcontractors to perform work under the above identified project will meet the employment eligibility requirements as established by the Federal Government and the government of the State of Florida. 6. That the Contractor understands and agrees that its failure to comply with the verification requirements as set forth herein or its failure to ensure that all employees and subcontracts performing work under the above identified project are legally authorized to work in the United States and the State of Florida constitute a breach of contract for which the City of Sanford may immediately terminate the Contract without notice and without penalty. Contractor further understands and agrees that in the event of such termination, the Contractor shall be liable to the City for any costs incurred by the City as a result of the Contractor's breach. 7. That for the purposes of this Affidavit, the following definitions apply: "Employee" —Any person who is hired to perform work in the State of Florida. "Status Verification System" — the procedures developed under the Illegal Immigration Reform and immigration Responsibility Act of 1996, operated by the Department of Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115-14 Homeland Security and known as the °E- Verify Program", or any successor electronic verification system that may replace the E-Verify Program. 61VA i oO CO3QSr- Contractor 11 L/ Signature- 6�Authoriked Representative (Affiant) 661z,f KAiqPIA)S'�-A Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF SGrn WOU0 STATE OF FLORIDA On this day of J1 )Li-I , 20 before me, the undersigned Notary Public of the -State '--of Florida, personally appeared QS K-4 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 sea[. He/She is personally known to me or has e (Z5 LtC6 ti &'Q-s as identification. (NoW Public in and for the County and State Aforementioned) SEAL My commission expires: 0 / / ELENA WHITMORE Public _ ELENA Notary State of 4ok""S. NOt2rY Public - State of Florida .j MY comm. Expires Aug 7, 2015 �14 1 1� s 10 0 FF Commission if FF 141210 8W&d Thro* National Notary Assn END OF SECTION 00468-2 Project Name: Riverview Manhole and FM Repair Solicitation No.: IFB 14115 -14 SECTION 00460 -1 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. X VA -FloyJ CCI)SIW JOTW�Aj Contractor J Representative (AfFant) 6rizi — MJ� PlA-)510f , Arc --6s- Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF 501),10L 6 STATE OF FLORIDA On this 6 day of y,)0.1 , 20 /S- , before me, the undersigned Notary Public of the State of Florida, personally appeared rim %�9 f 1 ft1S✓i 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 h R 6P-S e6A --7d-C as identification. o 1 SEAL Public in and for the County and State My commission expires: END OF SECTION ELENA WHITMORE tp,tr ny�.4 S. Notary Public -State of Florida _' : • My Comm. Expires Aug 7, 2015 Commission # FF 141210 �` " "`�'�• Bonded Through at auk !Door Notary Assn SECTION 00463 TRENCH SAFETY STATEMENT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the cost of compliance with the applicable trench safety standards as follows: Trench Safety Measure (Description) Units of Measure (LF, SY) Unit Quantify Unit Cost Extended Cost A. UT'IL-1-rl lzb 6 �-o B. C. D. TOTAL: S 6 OU NOTE: The total cost shown herein is already included in the various items in the Total Bid Price in the Contractor's Proposal and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Failure to complete the above and submit with the Bid Form along with other required bidding documents, may result in bid being declared non- responsive. NOTE: BEFORE EXECUTION, CONTRACTOR IS REQUIRED TO REVIEW SECTION 00430. 00463-1 Submitted, signed and sealed this CP day of 2015. SIGNATURE By: /56101 klAkpw'3k —1 Printed Name Title Business Address ATTEST: Signature Seal NOTE: If the Contractor intends to install pipe by some other method than trenching under derth6 definitions found in the Florida Trench Safety Act (90-96, Laws of Florida), he shall so indicate by outlining in the space provided below the method he proposes and how it will comply with the Florida Trench Safety Act and related OSHA Standards for the Owner's evaluation. The Cost of accomplishing the work by any alternate methods to trenching is included in the bid prices shown in the Contractor's Proposal. Outline of Alternate Method: Submitted, signed and sealed this G day of -R) L �j 2015. CONTRA OR S NATURE By: �--t"P-p � QsIL'A ra Printed Name I Title Z S1 PLAN 0 r6, 0 Business Address ATTEST: Signature END OF SECTION 00463-2 111111111111111111111111111 11HI ! 11 1 CLERK'S 2015104567 � Nielson, Mosholder & Associates'ECOl;°DIED 109/'221/2101: } 11L hu- Q- A member of Nielson & Company, Inc} _ :: {`,.c' =L�` BY `i- ;' `'R` 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330 -3990 4 PUBLIC WORKS BOND ono In compliance with Florida Statutes 255.05 (1)(a) d PERFORMANCE BOND BOND NO: FLC83021 0' Contractor Name: Ovation Construction Company, Inc.. Address: 251 Plaza Drive Ste C Oviedo, Florida 32765 Phone No: 407 - 722 -4161 Surety Company: Merchants Bonding Company Surety Address: 6700 Westown Parkway West Des Moines IA 50266 Surety Phone No: 800 -678 -8171 Owner Name: City of Sanford Address: 300 N. Park Avenue Sanford, FL 32771 Phone No: 407 -688 -5028 Obligee Name: (if different for property owner)_ Obligee Address: Obligee Phone No: Project Name: Riverview Manhole and FM Repair: IFB 14/15 -14, Sanford, Florida Project Location: Sanford, Florida Legal Description: Riverview Manhole and FM Repair: IFB 14/15 -14, Sanford, Seminole County, Florida w N �.1 J �r t9 N W Bond No. FLC83021 11.1 KNOW ALL MEN BY THESE PRESENTS: that Ovation Construction Company, Inc. (Name of CONTRACTOR) 251 Plaza Drive, Ste. C. , Oviedo, Florida 32765 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Name of Surety) 6700 Westown Parkway, Nest Des Moines IA 50266 (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 - Ninety Two Thousand Nine Hundred Ten and 94/100 - DOLLARS ($ 92,910.94 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is su that whe� a , the Principal entered into a certain Agreement with the OWNER, dated the i day of 6� -- , 2015 a copy of which is hereto attached and made, a. part. hereof for the construction of the project identified by the footnote on this page. 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 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and Riverview Manhole and FM Repair IFB 14/15 -14 PERFORMANCE BOND 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or Riverview Manhole and FM Repair IFB 14/15 -14 r r _ 0. Gk noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. 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 "be#" 2015 ATTEST: (Principal) e •�' I$tAl,EAL) (Witness to Principal) 95 e Air � 1.I>i Typed Name ATTEST: see attached power of attorn (Surety) Secretary Typed Name Riverview Manhole and FM Repair IFB 14/15 -14 Ovation Construction Company, Inc. Principal (Contractor) By (Sidoature Typed Name atid Title 251 Plaza Drive, Ste. C. Address Oviedo, Florida 32765 City, State, Zip 407 - 722 -4161 Fax: (866) 431 -6032 Telephone No. Facsimile No. Merchants Bonding Company Surety 515- 243 -8171 (305) 888 -0096 Telephone No. Facsimile No. (.Q(?BPORATE SEAL) 4/116111) �2ne�is a7s to-Sure-ty Natalie C. D*mon4CC8R Typed Name -Witness Witness as4 to Surety Kelly Phelan Typed Name Laura D. Mosholder, Attorney-In-Fact Typed Name Florida Resident Agent 4380 St. Johns Pkwv, Ste. 110 Address Sanford, Florida 32771 City, State, Zip 407-330-3090 407-330-3949 Telephone NO. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement, K CONTRACTOR is a joint manture, all ventures' mhmU execute the Bond. If CONTRACTOR is padnmnship, all partners shall execute the Bond. | Surety companies executing Bonds must appear on the TRaooVry Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved iO writing byOWNER. ATTACH 8 certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. END C3FSECTION Riverview Manhole and FIVIRepair |FB 14/15-14 1111111 !1 11 11111 111111 still 111111 fill Rif ,A? ;. Y AI,E�IIL E"it3(i1i�4j�. � :s�:ri'G rii_l� t.E� ?�i�� # r CLERK'S 2CII5104568 ! - REt- .tEi'L,tC.L' C{Ti ty��.t.� .i .L s._.. = - {i•, ,. `.ECORDI M, i' L ✓ 't.- , ir _'`:I0 Nielson, Mosholder & Associat& -= `11 ;D1=1s �s A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330 -3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PAYMENT BOND BOND NO: FLC83021 Contractor Name: Ovation Construction Company Inc.. Address: 251 Plaza Drive, Ste. C Oviedo Florida 32765 Phone No: 407 - 722 -4161 Surety Company: Surety Address: Surety Phone No: Owner Name: Address: Phone No: Merchants Bonding_ Company 6700 Westown Parkway West Des Moines, IA 50266 800 - 678 -8171 City of Sanford 300 N. Park Avenue Sanford, FL 32771 407 -688 -5028 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Riverview Manhole and FM Repair: IFB 14/15 -14 Sanford Florida Project Location: Sanford, Florida Legal Description: Riverview Manhole and FM Repair: IFB 14/15 -14 Sanford Seminole Counn,, Florida Bond No. FLC83021 00610 -1 KNOW ALL MEN BY THESE PRESENTS: that Ovation Construction Company, Inc. (Name of CONTRACTOR) 251 Plaza Drive, Ste. C. , Oviedo, Florida 32765 (Address of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Name of Surety) 6700 NA'estown Parkway, Vest Des Moines, IA 50266 (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 - Ninety Two Thousand Nine Hundred Ten and 94/100 - DOLLARS ($ 92.910.94 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that where the Principal entered into a certain Agreement with the OWNER, dated the day of tp, 2015 _LJ a copy of which is hereto attached and made a part hereof for the construction of the project identified by the footnote on this page. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty -five (45) days after beginning to furnish labor, Riverview Manhole and FM Repair IFB 14/15 -14 0061002 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 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 of 2015 ATTEST: Secr ary ( rincipal) Typed Name' Riverview Manhole and FM Repair IFB 14/15 -14 Ovation Construction Company, Inc. Principal (Contractor) L By (Si nature Typed Name and Title r ,01a�.�„Ilul 0.t 10;1 (IP1JRATE SEAL) 4 • lily. * •:��y; ��% I �� 9 (Witness to Principal) Typed Name ATTEST: see attached power of attorney i(.Surety) Secretary ly M 3 i�d;,Name r;qRRORATE EAL) � a : � Y� • Zi nss as to Surety ^� u 1Natalie C. Demers, CCSR Typed Name - Witness Witness as to Surety Kelly Phelan Typed Name 00610 -03 251 Plaza Drive Ste. C. Address Oviedo, Florida 32765 City, State, Zip 407 - 722 -4161 Fax: (866) 431-6032 Telephone No. Facsimile No. Merchants Bonding Company Surety 515- 243 -8171 (305) 888 -0096 Telephone No. Facsimile No. _._ A ey- in= _Ea`cT` Laura D. Mosholder, Attorney -In -Fact & Typed Name Florida Resident Agent 4380 St. Johns Pkwy, Ste. 110 Address Sanford, Florida 32771 City, State, Zip 407 -330 -3990 407 - 330 -3949 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Riverview Manhole and FM Repair IFB 14/15 -14 Bond'No. FLC83021 SECTION 00615 -2 The Principal and Surety further jointly and severally agree that the OWNER at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Principal shall fail or refuse to do so, and in the event the OWNER should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the OWNER the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects. // ,,,, IN WITNESS WHEREOF, this instrument is executed this the /47 day of (�Tv�X , 2015 ATTEST: narY, (Principal) ,�z J'Yps,a' ivamp C., w" �« 0 �1 `(OF *RA j =A�) (Witness to Principal) Typed Name ATTEST: ` see attacbe;d power of attorney , `; �s (Surety)'866retary .me S (C OR &TE SEAL) truss as to Surety a Riverview Manhole and FM Repair IFB 14/15 -14 Ovation Construction Company, Inc. Principal (Contractor) By (Sig ature Typed Name and Title 251 Plaza Drive Ste. C. Address Oviedo, Florida 32765 City, State, Zip 407 - 722 -4161 Fax: (866) 431-6032 Telephone No. Facsimile No. Merchants Bonding Company Surety 515- 243 -8171 (305) 888 -0096 Telephone No. Facsimile No. orney- in-FacT Natalie C. Demers, CCS@ Type, ame -Witness Witness as to Surety Kelly Phelan Typed Name Laura D. Mosholder, Attorney-In-Fact & Typed Name Florida Resident Agent Address Sanford, Florida 3277l Cit«, Gtate, Zhu 407-330-3990 407-330-3949 Telephone No. Facsimile No. NOTE: Data of the Bond must not be prior to date of Agreement. K CONTRACTOR is a joint vantune, all ventures shall execute the Bond. If CONTRACTOR is Partnarahip, all partners shall execute Bond. |K8PC)RTANl[ 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, UO|8GS otherwise specifically approved in VvhUDg by {]\8/NEFl. ATTACH a certified Power-of-Attorney appointing individual AttDrO in-FaCtfV[eXeCVtioD Of Performance Bond on behalf of Surety. END OFSECTION Riverview Manhole and FM Repair |FB14/15-14 MERCHANTS BONDING COMPANY,,.{ POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, individually, Edward M Clark; Laura D Mosholder of Sanford and State of Florida their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: EIGHT MILLION ($8,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13thday of August , 2014 . STATE OF IOWA COUNTY OF POLK ss. 10144.{ Z•. 2 O3 `.� - '�,,'''�•t.ItJ�i+irIs tit titt!' . • 4`NG , Cpy�•. A' ,•�o,.oRPOq •.y• tom': _ -0- 1933 �d.• • .ate. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 774— President On this 13thday of August , 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa. the day and year first above written. ILS WENDY WOODY 0 Commission Number 784654 7- ''``° _ My Commission Expires `opt June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner', Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby cify that; the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, whic till'in full force and effect and has not been amended or revoked. Vert ps Where ixf; I have hereunto set my hand and affixed the seal of the Companies on 2015 .,too,. Qt ' t.s • a 1933 .3• Secretary ""'�•• x J 2ka V ` ••.ddb, �ys`�; POJe {/ t7 `4) .. . • 11a • ..,. `;, - <��,` +'•'••.n....attttit` '•®101. urnttip�4 ••••i•••• va on onstruction, Inc. POST OFFICE BOX 621287 OVIEDO, FLORIDA 32762 (407) 722 -4161 Fax: (866) 431 -6032 kaMinskib@bellsouth.net TRANSMITTAL LETTER TO: City of Sanford DATE: September 12, 2015 300 North Park Ave. Sanford, Florida 32771 ATTN: Mrs. Marisol Ordonez, Finance Dept. JOB: Manhole & FM Restoration We are sending you: Herewith (x) under a separate cover ( ) COPIES DESCRIPTION 2 Recorded Payment & Performance Bond 2 Executed Contract 2 Insurance Certificates These are: E REMARKS: TI Copies to: File For approval. Returned approved. For your files. For your information. For your use. TANK YOU! BY: Bert Karpinski MELSON, MOSHOLDER & ASSOCIATES September 9, 2015 City of Sanford 300 N. Park Ave. Sanford, FL 32771 Principal: Ovation Construction Company, Inc. Bond No.: FLC83021 Project: Riverview Manhole and FM Repair: IFB 14/15 -14 Amount $92,910.94 To Whom it May Concern: The copy of the contract we received for the above referenced project was not dated. Accordingly, we could not date the bonds as the bonds can't predate the contract. Please accept this letter as your authority to date the bonds and attached powers of attorney concurrent with the contract date. Once dated, please fax a copy of the bonds to 407 - 330 -3949 so that we can activate the bond coverage. A.a Please do not hesitate to contact us if you have any questions in this regard U C1_ CL. Sincerely, UJ � ---M al s Bonding pany Laura . Mos Ord r '? or in Fact & Licensed Florida Agent C 4.1 D f„/} 4380 St. Johns Parkway Suite 110 Sanford, FL 32771 P: 407330.3990 F: 407.330.3949