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1737 Pavement Technology IFB 15/16-02 REA. Monday, February 01, 2016 —1877— PURCHASING DEPARTMENT i-A TRANSMITTAL MEMORANDUM To: City Clerk RE: Pavement Technology lFB 15/16-02 Cyclogen Rejuvenation Services Executed Agreement The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order F-1 Mayor's signature ❑ Final Plat(original mylars) ❑ Letter of Credit J�endering ❑❑ Maintenance Bond Safe=keeping (Vault Ordinance dhager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies Special Instructions: Safe Keeping Ma,ri�.o-(, OrAo-v'.e�z v;z From Date TADept_l`orms\City Clerk Transmittal Memo-2009.doc 0 DocumENT APPROVAL 1 /21 /2016 12:47 PM I �b Contract Agreement Name: Pavement Technology 15/16-02 Cyclogen Rejuvenation Services /- Z- P asing Mai6agier Date c j I A— Finance irector Date '-ESP 44 ttorney Date e / CW V CS- PAVEAWNT TECEEKOLOGY 24144 DETROIT ROAD WESTLAKE,OHIO 44145 (440)892-1895 (800)333-6309 INCFAX(440)892-0953 Asphalt Recycling & Preventive Maintenance Specialists January 15, 2016 Ms. Cathy LoTempio City of Sanford—Public Works Dept. 300 North Park Avenue Sanford, Florida 32771 RE: IFB 15/16-02/Cyclogen Rejuvenation Services Dear Ms. LoTempio, Enclosed please find the two signed agreements for the above referenced solicitation. If you require anything else, please do not hesitate to contact me. We look forward to working in your city this year. Sincerely, r'f� Karen L. McIntyre Contracts Administrator kmcintyre@pavetechinc.com Enclosures AN EQUAL OPPORTUNITY EMPLOYER DATE: 01/27/16 PURCHASE ORDER PO NUMBER 034737 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.:858012621681C-8 P.O.BOX 1788 SANFORD,FL 32772 VENDOR NO.: 7689 TO: SHIP TO: INC PAVEMENT TECHNOLOGY CITY OF SANFORD 24144 DETROIT RD 800 FULTON STREET WESTLAKE, OH 44145 SANFORD, FL 32771 DELIVER BY TERMS F.O.B.DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/16 NET/30 64950 ACCOUNT NO.: 310-4047-541 . 63-00 PROJECT NO.: PW14 01 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER-CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF UNIT COST EXTENDED COST ISSUE 1 CONTRACTOR - ASPHALT MILLING 30000. 00 NA 1. 00 30000. 00 BINDER FOR ALLEY REHAB PROJECT IFB 15/16-02 POSTED ON VENDORLINK 10/23/15 BID OPENING ON 11/23/15 SUB TOTAL 30000. 00 TOTAL 30000 . 00 APPROVED BY: _ � ��'- '- - f APPROVED BY: f G N ' CITY MAN GER ALL PACKAGES AND INVOICES ASSOCIATED WIT HIS 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:/IWVVW.SANFORDFL.GOV/DEPARTMENTS/PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING AGREEMENT BY AND BETWEEN THE CITY OF SANFORD, FLORIDA AND PAVEMENT TECHNOLOGY, INC. FOR SOLICITATION NUMBER: IFB 15/16-02/CYCLOGEN REJUVENATION SERVICES 110 THIS AgREEMENT (hereinafter the "Agreement") is made and entered into this 1Z / day of r 201�kby and between the City of Sanford, Florida, a Florida municipality, (he inafter referred to as the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, and Pavement Technology, Inc., an Ohio corporation, (Pavement Technology, Inc. throughout)") whose address is 24144 Detroit Road, Westlake, Ohio 44145. The City and PAVEMENT TECHNOLOGY, Inc. may be collectively referenced herein as the "parties". WITNESSETH.- IN CONSIDERATION of the mutual covenants, promises, and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and form a material part of this Agreement upon which the parties have relied. Section 2. Authority. 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 persons executing this Agreement for each party certify that they are authorized to bind the party fully to the terms of this Agreement. Section 3. Scope of Agreement. This Agreement is for the goods and services as set forth in Exhibit "A" (the City's procurement solicitation documents) and Exhibit "B" (the, the responses thereto from Pavement Technology, Inc.) and the Purchase Order and documents related thereto as issued by the City (all of which are incorporated herein as if fully set forth herein verbatim) and it is recognized that Pavement Technology, Inc. shall perform services as otherwise directed by the City all of such services to include all labor and materials that may be required including, but in no way limited to, the goods and services provided by subconsultants as may be approved by the City 'within the amount of compensation to be paid to Pavement Technology, Inc. Section 4. Effective Date and Term of Agreement. This Agreement shall take effect on the date that this Agreement is fully executed by the Parties hereto. This Agreement shall remain in effect until December 30, 2019 and all services under any work order issued by the City have been fully performed in accordance with the requirements of the City; provided, however, that, the indemnification provisions and insurance provisions of the City's standard contractual terms and conditions shall not terminate and the protections afforded to the City shall continue in effect subsequent to such services being provided by Pavement Technology, Inc. No services have I I P a Ige commenced prior to the execution of this Agreement that would entitle Pavement Technology, Inc. for any compensation therefor. Authorization for each portion of the work shall be implemented by the issuance of work orders by the City. Section S. Compensation. The parties agree to compensation as set forth in accordance with the unit pricing set forth in Section 1.03 of the "Response Transmittal Form" which is part of Exhibit "B" hereto. It is understood that the work is to be distributed over a 4 year period and relates to 306 alley segments within the City that are approximately 300 feet long and 14 feet wide. Section 6. Standard Contractual Terms and Conditions. All "Standard Contractual Terms and Conditions", as provided on the City's website, apply to this Agreement. Such Terms and Conditions may be found at the City website (www.Sanford FL.go ). The parties shall also be bound by the purchasing policies and procedures of the City as well as the controlling provisions of Florida law. Section 7. Pavement Technology, Inc.'s Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests. In order to comply with Section 119.0701, Florida Statutes, public records laws, Pavement Technology, Inc. must: (a). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (b). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of Pavement Technology, Inc. upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (e). If Pavement Technology, Inc. does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. (f). Failure by Pavement Technology, Inc. to grant such public access and comply with public records requests shall be grounds for immediate unilateral 21 P age I cancellation of this Agreement by the City. Pavement Technology, Inc. shall promptly provide the City with a copy of any request to inspect or copy public records in possession of Pavement Technology, Inc. and shall promptly provide the City with a copy of Pavement Technology, Inc.'s response to each such request. Section 8. Time is of the Essence. Time is hereby declared of the essence as to the lawful performance of all duties and obligations set forth in this Agreement. Section 9. Entire Agreement/Modification. This Agreement, together with all "Standard Contractual Terms and Conditions", as provided on the City's website, and including, without limitation, the exhibits hereto, constitutes the entire integrated agreement between the City and Pavement Technology, Inc. and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral in connection therewith and all the terms and provisions contained herein constitute the full and complete agreement between the parties hereto to the date hereof. This Agreement may only be amended, supplemented or modified by a formal written amendment of equal dignity herewith. Section 10. Severability. 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. Section 11. Waiver. 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. Section 12. Captions. 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. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. Section 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties. 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 signatories hereof represent that 3 1 P a - e they have the requisite and legal authority to execute this Agreement and bind the respective parties herein. Section 15. Remedies. The rights and remedies of the parties, provided for under this Agreement, are in addition to any other rights and remedies provided by law or otherwise necessary in the public interest. Section 16. Governing law, Venue and Interpretation. This Agreement is to be governed by the laws of the State of Florida. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. This Agreement is the result of bona fide arms length negotiations between the City and Pavement Technology, Inc., and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party. than against any other party and all provisions shall be applied to fulfill the public interest. IN WITNESS WHEREOF, the City and Pavement Technology, Inc. have executed this instrument for the purpose herein expressed. Attest. THE CITY OF S FORD By: Jeff Triplett, Cynthia Po er, City Clerk Dated: a Jiro Dated:_ (--Z-`l.-( f, Approved as to form and legality for Use and reliance by the City of Sanford, Florida. i I ert City Attorney Dated: Attest. PAVEMENT TECHNOLOGY, INC. / g : y Colin M. Durante Su an J) Durante President/Dire for Secre ary/Director r asurer Dated: L 6116 41Page RESPONSE TRANSMITTAL FORM PART 1 GENERAL 1.01 Description The following Solicitation for the(1) Cyclogen Rejuvenation IFB 15/16-02 is hereby made to 2 Cityof Sanford; This Response is submitted by (3) A(+VEM� N i T1FdL M ot-oo n :�:—N C-.. A-W#4z .DE72e,0a7-20.E GUS 1z 491_110 Y'VA/s' J/ga—egg- �ys !S j �PGiE��ACBV2)`PG'�1inG EO�� (1)Name of Project as shown in the Invitation for Bids (2)City of Sanford,Florida may be referred to as"City"or"Owner" (3)Name,address,email and telephone number of Respondent(is the individual signing this submission is other than an Officer of the Company indicated above,documentation indicating the vested authority to commit the Company must be attached to this transmittal form. 1.02 The Undersigned: A. Acknowledges receipt of. 1. Project Manual and Drawings identified within the Project Manual or specifications and submission documents as provided by the City. 2. Addenda: Number Dated Number Dated Number Dated B. Has examined requirements and details germane to the solicitation site and all related Documents and understands that in submitting his/her response, the respondent hereby waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Response open for 90 calendar days after the opening date. 2. The undersigned, acknowledges that the City of Sanford has reserved the right to reject any submissions which are non-responsive or were submitted by a non-responsible entity. 3. If the governing solicitation was an RFQ or an RFP the undersigned agrees to negotiate in good faith and upon agreement to enter into and execute a contract with the City. If the governing solicitation is an IFB, I will execute a contract with the City if I am determined to be the lowest responsive and responsible bidder. 4. To accomplish the work and/or deliveries in accordance with the Contract Documents and ensuing purchase order(s). 1.03 Bid, Pricing, Cyclogen Rejuvenation (Rate) Alleys Cost Per Square Yard Square Yards Amount Application $ /, �?5� ��f�?, �C�t� $ Mobilization $ /, G'P>OO $ n//_/,4 _ $ 1_6�aa, OD IFB 15/16-02 Cyclogen Rejuvenation Total $ 404 $_ $ /�Q 412a,4747 1.04 Miscellaneous Requirements and Affirmations A. Response must be on the Form(s) provided or as directed by the City. Submission Response package shall include one complete set of original documents and one thumb drive or disc which contains the entire response in pdf format. B. I have attached the following required fully executed forms to this Bid: 1. Non Collusion Affidavit 2. Conflict of Interest Affidavit 3. Insurance Requirement form 4. Public Entities Crime Affidavit 5. Compliance With the Public Records Law Affidavit 6. Respondents Business Information Affidavit 7. Cert. Non-Segregated Facilities 8. Disputes Disclosure 9. Drug Free Workplace Affidavit 10. Unauthorized (Illegal) Alien Worker Affidavit 1.05 SUBMITTED, signed and sealed this 1? day of A/a0�96n , o'01." Respondent By gnat Date Printed Name and Title Business Address (CORPORATE SEAL) City State Zip Code Telephone No. Facsimile No. ATTES By (Signature) Date 1�A-rP�i�/�•.. /�l c.�iV-�.�. ��nIi24�TS �.b/t?'i/t/1s1,��-7Z��'.. Printed Name and Title IFB 15/16-02 Cyclogen Rejuvenation MARK THE EXTERIOR OF ENVELOPE CONTAINING YOUR BID RESPONSE: YOUR COMPANY NAME &ADDRESS AS THE RETURN ADDRESS ADDRESS OR DELIVER TO: William Smith, Purchasing Manager Physical Delivery Address: 300 N. Park Ave., Room 236, Sanford, FL 32771 Mailing Address: P.O. Box 1788, Sanford, FL 32772 IN LOWER LEFT CORNER OF ENVELOPE, PROVIDE THE FOLLOWING: Solicitation Number and Title: 11713 15116-02 CYCLOGEN REJUVENATION Open Date: November 23, 2015 Open Time: 2:00 PM END OF SECTION IFB 15/16-02 Cyclogen Rejuvenation City of Sanford, Florida INSURANCE REQUIREMENTS OUTLINED BELOW APPLICABLE TO CONTRACTS FOR SERVICES WHEN THE CONTRACTOR PERFORMS ON OR OFF CITY PREMISES • SPA 1012: When contract cost not to exceed $500,000; not to exceed 180 days and no unusual hazards exist CHECK LEVEL 1 Vendor, Contractor, bidder shall provide, to the City of Sanford"City," prior to commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Any work initiated without completion of this requirement shall be unauthorized and the City will not be responsible (Ref: items 17 and 18, standard terms and conditions included with City of Sanford Purchase Order). 2. The City reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the project, conditions and exposure. Outline of Requirements: UP TO VENDOR POLICY LIMITS,BUT COVERAGE REQUIRED WITH MINIMUM POLICY LIMITS OF: Workers' Compensation Employers Liability$ 500,000 *Certificates of exemption are not acceptable in lieu of workers Each Accident $ 500,000 compensation insurance Disease $500,000 Commercial General Liability shall include-Bodily injury liability, Property Damage liability, Personal Injury liability and $ 1,000,000 Per Occurrence Advertising injury liability Coverages shall include:Premises/ $ 1,000,000 General Aggregate Operations;Products/Completed Operations, Contractual liability,• Independent Contractors Comprehensive Auto Liability, CSL, shall include "any auto"or $ 1,000,000 Combined Single Limit shall include all of the following:owned, leased, hired, non-owned $ 1,000,000 General Aggregate autos, and scheduled autos. Certification: It is noted that the City has a contractual relationship with the named vendor, contractor or provider (collectively referred hereinafter as Contractor) applicable to a purchase order, work order, contract or other form of commitment by the City of Sanford, whether in writing or not and has no such contractual relationship with the Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the City to meet all contractual obligations and expectations of the City. Further, as the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier notwithstanding,the City will expect relief from the Contractor. • The insurance limits indicated above and otherwise referenced are minimum limits acceptable to the City. Also, all contractor policies shall to be considered primary to City coverage and shall not Contain co-insurance provisions. • All policies, except for professional liability policies and workers compensation policies shall name the City of Sanford as Additional Insured. • In the event that the insurance coverage expires prior to the completion of the project, a IFB 15/16-02 Cyclogen Rejuvenation renewal certificate shall be issued 30 days prior to said expiration date. • All limits are per occurrence and must include Bodily Injury and Property Damage. • All policies must be written on occurrence form, not on claims made Form, except for Professional liability. • Self-insured retentions shall not be allowed on any liability coverage. • In the notification of cancellation: The City of Sanford shall be endorsed onto the policy as a cancellation notice recipient. Should any of the above described policies be cancelled before the expiration date thereof, notice shall be delivered to the City of Sanford in accordance with the policy provisions. • All insurers must have an A.M. Best rating of at least A-VII. • It is the responsibility of the Contractor to responsible to ensure that all Subcontractors retained by the Prime Contractor shall provide coverage as defined herein before and after and are the responsibility of said Prime Contractor in all respects. • Any changes to the coverage requirements indicated above shall be approved by the City of Sanford, Risk Manager • Address of"Certificate Holder" is: City of Sanford; Attention: Purchasing Manager; P.O. Box 1788 (300 N Park Avenue); Sanford, FL 32771 Phone: 407.688.5028/5030 FAX: 407.688.5021 • All certificates of insurance, notices, etc. must be provided to the above address. Certification: The Undersigned accepts and agrees to meet all of the insurance coverage requirements, terms, conditions and certification(s) stated herein before and after and further agrees to maintain and provide the designated coverage during the life of the identified document. Also, when the coverage requirements stated herein before and after are specifically referenced by applicable solicitation, purchase order or contract document, those terms, conditions and coverage requirements are incorporated into that document as if fully set forth in verbatim . PAV,�FMEAIF-7- ILIqZl F Date _Authori ed Signature O A VICE P�St 2)&W T Printed Name Title END OF SECTION (FB 15/16-02 Cyclogen Rejuvenation 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. hqk(Q146�-AIT Bidder Sign,aere of Authorize td-Representative (Affiant) Date -TO ifk) Zf—. S0-t4L-EC�Ei-- Vtoi:5- 'Ae0S bE2,i l Printed or Typed Name and Title of Adthorized Representative (Affiant) - COUNTY OF A A STATE OF On this day o OlLeZ22AI e f /V Zf 120 /57 before me, the undersigned Notary Public of the State of�lGizida, personally appeared —Toh,-, -T-3--Nept� whose name(s) is/are subscribed to the within instrument and he/she/they acknowledge that he/b4hehhey executed it. WITNESS my hand and official seal. He/She is ersonally knoyLo tQ ha produced as identification.— (Notary Public in and for the County and State Aforementioned) LISA A.TRIFILETTI-PALOS SEAL My commission expires: Notary Publie;State 440hlie My Commission Expires Jan.17,20 /9 END OF SECTION IFB 15/16-02 Cyclogen Rejuvenation CONFLICT OF INTEREST AFFIDAVIT The Affiant identified below deposes and states that: 1 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. Bidder SignatLyoe"of Authorized k—epresentative (Affiant) Date vldg- Q>071JT- Printed or Typed Name and Title of Authorized Representative (Affiant) 01410 COUNTY OF STATE OF ftL �� On this 7W) day of A14 11 Pm 20 ,11-5- before me,the undersigned Notary Public of the State of Qj4iO F4efids, personally appeared -Te)hLJ T whose name(s) is/are subscribed to the within instrument,and he/she/they acknowledge that he/shd/they executed it. WITNESS my hand and official sea[. He/She is personally known-Joing or has produced as identification. (Not arf Public in and font County and State Aforementioned) LISA A.TRIFILETTI-PAIRS SEAL My commission expires: Natanx 147y MMPM ith I F &&4 IFB 15/16-02 Cyclogen Rejuvenation FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT The Affiant identified below attests to the following: 1 1 understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud,theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo'contendere. 3. 1 understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 4. 1 understand that a "person" as defined in Section 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) V/ 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.) IFB 15/16-02 Cyclogen Rejuvenation I understand that the submission of this form to the City of Sanford is for the city only and, that this form is valid through December 31, of the calendar year in which it is filed. I also understand that I am required to inform the City prior to entering in to a contract in excess of the threshold amount provided in section 287.017, Florida Statues, for category two of any change in the information contained in this form. P,qV,5�14C-7f,JF —/gg'46LL9 axue- llay5ok Bidder FEIN No. Signat of Authorized Rbixesentative (Affiant) Date 'Ype' Printed or Typed Name and Title of Autfiorized Representative (Affiant) COUNTY OF_&W900A STATE OF F6QR4I§A—e/410 On this day of ltljile,� elZ 20 J5 before me, the undersigned Notary Public of the State of f��, personally appeared =-O&.1 'T-�m whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge tKat he/she/they executed it. WITNESS my hand and official seal. He/She is personally known to me or has produced as identification. (No% Public in a0dfor the County and State Aforementioned) LISA A.TRIFILET]rl-pALOS SEAL My commission expires: Notary Publie;Rate efohio My Commkiim Exlilm Jan.17,20/ END OF SECTION 1FB 15/16-02 Cyclogen Rejuvenation COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers/Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity which pages/paragraphs of their bid/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the Bidders documents. Bidder Signature of Authorized Representative (Affiant) Date j-- 51elo-LEG,01- 4 yLac- Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF &LIA 4OCqA STATE OF OHi 0 On this_J �ft,.day of 20 IJ- before me, the undersigned Notary Public of the State of personally appeared CIIRQit� whose name(s) is/are W subscribed to the wit in instrument, and he/she/they acknowledge he/she/they executed it. WITNESS my hand and official seal. He/She is personally known to me or has produced as identification. (Nota uRic; in and for IhWtounty and State Aforementioned) SEAL My commission expires: LISA A.TRJF1LETT1,IpAL0S Notary publk,State of Ohio MY Commission Expires ion.17,20 END OF SECTION IFB 15/16-02 Cyclogen Rejuvenation Respondents Business Information Affidavit 1 State the true, exact, correct and complete name of the company, ----Sole proprietorship, —partnership,)(corporation, —trade or fictitious name under which you do business and the address of the principal place of business: �_�Tgol 7— '046 �le� The correct name of the Company is: pie, - _T7 a FEI/EIN Number: b. Trade Mark Name: 2. If Offeror is a corporation, answer the following: a. Date of Incorporation: �.���7A b. State of Incorporation: 621-11 e;? C. President's Name: e L-IAJ M, d. Vice President's Name:— J—OA W _T e. Secretary's Name: �RRA11­6- f. Treasurer's Name: 9- Name and address of Resident (Florida) Agent: 62P_Paf_14T-ictJ&—te7M /,:200 S i011VA--__2StAAfZ> 6/4b , A4191V7-A-POW, Fl- 3. If Offeror is an individual proprietorship or a partnership, answer the following: a. Date of Organization: b. Name, Address and Ownership Units of all Partners: C. State whether general or limited partnership: 4. If Offeror is other than a sole proprietorship, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror or company is an operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. IFB 15/16-02 Cyclogen Rejuvenation 6. How many years 6 has your organization been in business under its present business name? 4 -7- 7. Indicate registration, license number or certificate numbers for the businesses or professions which are the subject of the Proposal/Bid. Please attach certificate of competency and state registration. , ;,M-7E_ eY' eft 9. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representative of owners with the most knowledge of work which you have performed or goods you have provided, and to which you refer(government owners are preferred as references). 47� Z 6 al-"-,7, G/- 3 3 7vl (in—ame) . , -.(address.) (phone-number) 64AA 60P-,q4- 0 .,qRA 61 y ,,4291AIV GA 7-4,G_ )C:J- 3 30 ,e,70 (name) (address) (phone number) d/T 6t,;41-4 q lao lve5- /V 7_427M ICA_994 -759 (name) (address) (phone number) THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE CITY IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED 13 17FEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECT EF OR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE CITY TO REJECT THE BID WOPO;V,AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. Signatu�e of Afflant Oate J'7 Typed or Printed Name of Affiant Title State ofa, County of CbVG�o(2 q On this f 9fh day of c,901-5-. before me, the undersigned Notary Public of the State of/J hfiib F4edia, personally appeared O 0 and (Na (s)of individuals who appeared before notary) 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[. '&kWA FLORIDA NOTARY PUBLIC SEAL OF OFFICE: Notary Public,-State of.0ble (Name P Commissioned.) XPersonally known to me, or Produced identification: (Type of Identification Produced) DID take an oath, or_DID NOT takes an oath. END OF SECTION IFB 15/16-02 Cyclogen Rejuvenation 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. Contractor SignatuWbf A6tro-rized Re—Presentative Date of--tj J vtee7 Printed or Typed Name and Title of Authorized Representative END OF SECTION IFB 15/16-02 Cyclogen Rejuvenation 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. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? A/ -(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? /\J (Y/N) 3. Has your firm had filed against it or fried 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? A/ _ (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. Firm Sigri�— of Authorized kepresentative Date Jcmki Printed or Typed Name and Title of Authorized Representative END OF SECTION IFB 15/16-02 Cyclogen Rejuvenation 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 Signat of Authorize d/Representative Date Printed or Typed Name and Title of Authorized Representative END OF SECTION IFB 15/16-02 Cyclogen Rejuvenation 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 Affliant identified below deposes and states that: 1. 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. Contractor Signatupe-of Ad4i6ri`zied Re"presentative (Affiant) Date' Printed or Typed Name and Title of Authorized Representative (Affliant) 6)t-k 0 COUNTY OF STATE OF ft!XttDX- On this Nflj day of mflv--nnbee 20 5 before me, the undersigned Notary Public of the State of-F4efida, personally appeared whose name(s) is/are subscribed to the within instrument and he/she/the y acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/she is ersona I known to me r has produced as identification.ZZZK6�' (Notary Pu6ic in and-for thd''County and State Aforementioned) LISA A.TR FILETTI-PALos SEAL My commission expires: Notary Public,State of Ohio My Commission Expires Jan.17,20_1,Y END OF SECTION IFB 15/16-02 Cyclogen Rejuvenation REQUEST FOR INFORMATION (RFI) City of Sanford, Florida There will be no response to RFI's submitted 7 days or less from opening date. Response to an RFI may be provided via addendum or directly in the Q and A section on the Vendorl-ink Site as relevant to this specific solicitation. It is noted,that the preferred process to submit questions is m vendorlink. RFI's submitted directly shall be emailed to : purchasing@sanfordfl.gov Date: RFI No: Solicitation Name and Number: IFB 15/15-16 Cyclogen Rejuvenation Name of Firm Submitting RFI: Address: Name of Individual Submitting RFI: Phone and Email Information Question or issue (please be specific): You can also find this form on www.myvendorlink.com in the bid file as "Questions". IFB 15/16-02 Cyclogen Rejuvenation . ( City of Sanford Florida — Purchasing Division 300 N. Park Avenue (P.O. Box 1788) Sanford, Florida 32771 Phone:407.688.5028 FAX:407.688.5021 email: purchasing@sanfordfl.gov INVITATION FOR BIDS (IFI3) Date issued: 10-23-2015 SOLICITATION TITLE CYCLOGEN REJUVENATION SOLICITATION IFB 16/16-02 RESPONSE DUE: 11-23-2015 NUMBER OPENING DATE&TIME 2:00 P.M. 300 N Park Avenue(City Hall) Response 300 N Park Avenue(City Hall) Deliver Responses to Room-236 (second floor) Opening Room 117 City Commission Chambers I Location THERE WILL BE A NON-MANDATORY DATE and TIME OF CONFERENCE PRE-BID CONFERENCE NIA INFORMATION RE:DOWNLOADING+ INSTRUCTIONS, CITY'S OFFICIAL SOLICITATION OTHER RELEVANT INFORMATION ABOUT SUBMISSION DOCUMENTS, POSTING SITE: DOWNLOADING SOLICITATIONS,AND PURCHASING IN ETC.AVAILABLE AT: GENERAL: WWW.MYVENDORLINK.COM vvWW.SANFORDFL.GOVIINDEX.ASPX?PAGE=881 Blackout Period/Cone of ADA Assistance Call: Questions must be directed to: Silence applies: purchasing01sanfordfl.gov 6-11-2015 through 07-25-2015 407.688.5025 48 hours in 407.688.5030 advance Fax: 407.688.5021 Cone of Silence/Black-out-period applies to this and all other solicitations: Attempts to contact City Commission members, members of the Evaluation and Selection Committee or any other City official and/or employee other than through the City of Sanford Purchasing Manager during this procurement process shall not be allowed. Any attempts to contact, fraternize, or influence personnel indicated above may result in disqualification of the offending party or firm. The City of Sanford Florida ("City") hereby invites sealed bids from qualified providers/contractors to provide sealcoat of Cyclogen. This Bid will primarily focus on the sealcoat of Cyclogen to bond the milling together to provide a smooth surface to complete the project. The pages following provide the requirements, forms, documents and instructions for interested and qualified Contractors to submit his or her bid in response to this solicitation. ^ SOLICITATION CONTENTS 1. THE CITY RESERVES THE FOLLOWING RIGHTS u. PREPARATION OpPROPOSALS 3. ANT|'D0CR|M!NAJ|OmOTAnsMENT 4. CHANGES AND ADDENDA 5 CERTIFICATE 0F INDEPENDENT PRICE SUBMITTED 6. TESTING AND INSPECTION 7. WITHDRAWAL 0FRE8pON8E(8) 8. ANTITRUST 9. SAMPLES 10. ASSIGNMENT OFCONTRACT 11. DEFAULT 1o. FAILURE TDENFORCE 13. CITY'S RIGHT COMPLETE OR TERMINATE CONTRACT 14. TAXES 15. PERFORMANCE TIME|GOF THE ESSENCE 16. USE Op TRADE NAMES,BRAND NAME AND MODEL OREQUAL 17. PATENT INDEMNIFICATION 18. WARRANTY 19. BONDS AND INSURANCE uD HOURS THE CITY WILL ACCEPT DELIVERIES u1. ADDITIONAL DELIVERY INFORMATION 22. EXTENSION 23. NEW—UNUSED CONDITION 24. PAYMENT 2a. FREIGHT AND SHIPPING CHARGES 26. OPERATION OFEXISTING FACILITIES o/. CONTRACTOR QUALIFICATIONS uV. CONTRACTOR RESPONSIBILITIES un. GOVERNING LAW AND VENUE oO. APPLICABLE INTERNET BASED DOCUMENTS 31. BROAD,GENERAL SPECIFICATIONS FORMS RESPONSE TRANSMITTAL 8HEsT(S) INSURANCE REQUIREMENTS NON'COLuUS|ONApF|[VYvT CONFLICT OF INTEREST AFFIDAVIT FLORIDA STATUTES ON PUBLIC EmT|TlY Cm|xxsS AFFIDAVIT COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT RESPONDENTS BUSINESS INFORMATION AFFIDAVIT CERTIFICATION OF NON-SEGREGATED FACILITIES FORM DISPUTES DISCLOSURE FORM DRUG FREE WORKPLACE FORM UNAUTHORIZED ALIEN WORKERS AFFIDAVIT REQUEST FOR INFORMATION(RF|) GENERAL CONDITIONS AND INSTRUCTIONS 1. The City reserves the following rights: forms, correctly completed, may disqualify your submission. A. The obligations of the City as relevant to any award as a result of this solicitation are contingent upon the D. All costs associated with preparation and submission of the availability of appropriated funds for the anticipated proposal(s)and any other information shall be borne entirely by contract. the Offeror. B. To reject any and all bids/proposals either in part or in their E. QUESTIONS: Any Offeror who is in doubt as to the true entirety,to waive informalities,and to effect an award or to make meaning of any part of the Solicitation Documents, or finds a no award as deemed to be in the best interests of the City. discrepancy or omission therein, is to contact F.William Smith, Purchasing Manager using the RFI process for an interpretation C. The City reserves the right to adjust the scope of the or correction which shall be provided to all plan-holders as an procurement either upward, downward or delete entirely addendum to the request. Only interpretation,instructions or indicated items. The City of Sanford assumes responsibility only correction(s)-given, in writing, by the Purchasing Manager for items actually ordered by the City. will be binding. D. To negotiate with the lowest responsive proposerlbidder to (1). To enable timely issuance of addenda,questions, requests develop a solution which is within the context of allocated for clarification or correction must be submitted no less than funding when all of the responses submitted exceed funds seven(7)days prior to the indicated opening date. designated for the project. (2). NOTE:to ensure that your bid/proposal is responsive, you are urged to request clarification or guidance on any E. To declare any Offeror ineligible at any time during the issues involving this solicitation before submitting your solicitation process where developments arise which adversely response. Please note that failure to provide the requested affect the Offeror's responsibility. information on the forms using the format requested may render your bid/proposal non-responsive. F. To conduct any investigation and consider any evidence relevant to the qualifications and capabilities of the Offeror to 3. ANTI-DISCRIMINATION STATEMENT perform the work contemplated. The City of Sanford is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all G. This solicitation shall be included and incorporated, by this Federal,State,and Local Laws prohibiting discrimination on the reference, in the final contract or purchase order. The order of basis of race, color, religion, national origin,handicap,age and precedence will be the contract including the signatures of the gender. parties and/or the purchase order, this bid/proposal document and the response 4. CHANGES AND ADDENDA Plan holders who registered and downloaded the solicitation 2. PREPARATION OF RESPONSE(S) Documents from the City's internet posting site for solicitations A. Proposers are expected to examine this Solicitation form, will be notified regarding all Addenda. Receipt of each attached drawings, specifications, if any and all instructions. Addendum shall be acknowledged in the Submission Form; Failure examine all documents provided with this document or failure to do so may subject the Proposer to disqualification. It at the pre-submission conference will be at the shall be the Proposers responsibility to ensure that they have Bidder/Proposer's risk. Proposers are responsible to make all received all Addenda prior to the opening date. necessary investigations to inform themselves thoroughly as to all difficulties involved in the completion of all work required 5. CERTIFICATE OF INDEPENDENT PRICE SUBMITTED pursuant to the mandates and requirements of this solicitation By submission of this response,the Offeror certifies, and in the package. No plea of ignorance or difficulties that may hereafter case of a Joint Bid/Proposal, each party thereto certifies as to exist, or of conditions or difficulties that may be encountered in its own organization,that in connection with this procurement: the execution of the work pursuant to this solicitation package. Any exceptions or deviations to the solicitation documents shall A. The prices in this Submission have been: be resolved against the Offeror and may result in negating the associated Bid/Proposal. (1). arrived at independently, (2). have not been knowingly disclosed directly or indirectly to B.All submissions must be signed with the firm name and by a any other Competitor responsible officer or employee. Obligations assumed by such (3). no attempt has been made or will be made by the signature must be fulfilled. Responses shall be enclosed in Bidder/Proposer to induce any other person or firm to submit a sealed envelopes, with the Submission Transmittal Form and Bid/Proposal for the purpose of restricting competition. other required forms, addressed to the office specified in the Invitation with the name and address of the Proposer/Bidder, 6. TESTING AND INSPECTION: the date and hour of opening,and the Invitation Number on the The City of Sanford reserves the right to conduct any face of the envelope. Responses received after the stated testrnspection it may deem advisable to assure goods and time and date will be returned to the sender unopened. services conform to the specifications. Facsimile or Telegraphic Responses will not be accepted. 7. WITHDRAWAL OF RESPONSE(S) C. Each Proposer shall furnish the information required on the Responses cannot be altered or withdrawn after the stipulated Submission Form and each accompanying sheet thereof on opening date and time and prior to the end of the stipulated which he makes an entry. Bids/Proposals must be submitted consideration time frame without placing the Offeror in default. using the form provided or as instructed and shall include all attachments indicated. Failure to include the required 8. ANTITRUST By entering into a contract, the contractor conveys, sells, B. Florida Sales & Use Tax Exemption Certificate #85- assigns, and transfers to The City all rights,title and interest in 8012621681C-8 and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the State of 15. PERFORMANCE TIME IS OF THE ESSENCE Florida,relating to the particular goods or services purchased or A. In the delivery of response to this solicitation and any other acquired by the City under said contract. required information or documentation. 9. SAMPLES B. In the performance of the contract,and failure to perform in If requested,must be furnished free of expense to the City and accordance with the delivery deadline(s)set forth in the if not called for within fifteen(15)days from date of Proposal specifications. Opening,same will be disposed of in a manner which is in the best interests of the City. 16. USE OF TRADE NAMES Specifications used are intended to be open and non-restrictive. 10 ASSIGNMENT OF CONTRACT Except where indicated,"NO SUBSTITUTES,"any reference to A contract shall not be assignable by the contractor in whole or brand name or number shall not be construed as restricting to in part without the written consent of the City of Sanford. that manufacturer,but is used as a minimum standard of quality. However, any deviation between brand offered and brand 11. DEFAULT specified shall be clearly identified and defined. As a result of Submissions received under this Invitation, the award of the Contract may be based, in whole or in part, on 17. PATENT INDEMNIFICATION delivery/completion and/or specific another specification factor Except as otherwise provided, the Contractor shall agree to when so indicated. Accordingly,should the Offeror not meet the indemnify the City and its officers, agents and employees indicated factor set forth in the specifications or should the against liability, including costs and expenses for infringement Proposer fail to perform any of the other provisions of the upon any letters of patent of the United States arising out of the specifications and/or related contract(s), the City may declare performance of any contract resulting from this solicitation. the Offeror in default and terminate the whole or any part of the Contract. 18. WARRANTY The bidder/proposer agrees that the goods or services furnished A. Upon declaring the Proposer/Bidder in default and under any award resulting from this solicitation shall be covered terminating the Contract in whole or in part,the City may procure by the most favorable commercial warranties the contractor and/or cause to be delivered the equipment, supplies or gives any customer for such goods or services and that the materials specified, or any substitutions thereof, and the rights and remedies provided therein are in addition to and do Proposer shall be liable to the City for any excess costs resulting not limit those available to the City by any other clause of this there from. solicitation. A copy of this warranty and all applicable manufacturers'warranties shall be furnished with the response. B. In the event the Proposer has been declared in default of a portion of the Contract,the Proposer shall continue the Contract 19. BONDS AND INSURANCE to the extent not terminated under the provisions of this All Bonds and insurance required to be provided and maintained paragraph. by the Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of C. Where the Proposer fails to comply with any of the Florida to issue Bonds or insurance policies for the limits and specifications, the City may, at its discretion, provide the coverage so required. Proposer with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a A. The Bonding and insurance required must be "in-place" specified period of time. Such notification shall not constitute a before commencement of work. waiver of any of the City's rights and remedies hereunder. B. Indemnification: To the fullest extent permitted by law, the 12. FAILURE TO ENFORCE Contractor will indemnify and hold harmless the City of Sanford On the part of the City shall in no way be construed or from and against all claims, damages, losses, and expenses, interpreted as a waiver of any of the City's rights and remedies. including reasonable attorney's fees, arising out of or resulting 13.CITY'S RIGHT COMPLETE OR TERMINATE CONTRACT from the performance of their operations under this contract. If the Contractor shall neglect to prosecute the work properly,or 20. HOURS THE CITY WILL ACCEPT DELIVERIES fail to perform any provision of this Contract,the City,after seven Monday through Thursday,except for holidays,8:00 a.m.to (7)days written notice to the Contractor, may without prejudice 4:00 p.m. to any other remedy he may have,make good such deficiencies and may deduct the cost thereof from the payment then or 21. ADDITIONAL DELIVERY INFORMATION thereafter due to the Contractor; provided, however, that the The City of Sanford will assume responsibility only for items recognized Authority of the City shall approve both such action actually ordered by a City of Sanford purchase order with that and the amount charged to the Contractor. number identified on the outside of the package(s) being delivered. 14. TAXES The City is exempt from state and local sales tax. The City, 22. EXTENSION has the following tax exemption certificates assigned: Any contract resulting from this solicitation may be renewed in increments of one(1)year upon agreement of both the City and A. Certificate of Registry#59-6000425 under Chapter 32 for the Contractor. Providing that the pricing,terms and conditions tax-free transactions, Internal Revenue Codes. remain unchanged unless a provision of the award document provided a basis and formula for any changes. 23. NEW-UNUSED CONDITION E. Must have the ability to perform all work in a professional The Bidder/Proposer represents that the article(s) to be manner using skilled tradesmen and carried out in such a way furnished under this Invitation is (are) new and unused (unless as to minimize any inconvenience to the City or its citizens. specifically so stated) and that the quality has not deteriorated so as to impair its usefulness. 28. CONTRACTOR RESPONSIBILITIES The Contractor shall provide all necessary and qualified 24. PAYMENT manpower, materials,tools and equipment needed to complete No payment will be made for materials ordered without this project. Purchase Order Authorization 29. GOVERNING LAW AND VENUE 25. FREIGHT AND SHIPPING CHARGES This solicitation and any resultant contract(s), including Freight or any charges associated with the delivery of Proposed purchase orders, shall be governed by the Laws of the State of or bid product or service shall be included in the submitted prices Florida and the Purchasing Policy of the City. In the event of and not listed as a separate item. All items shall be shipped any litigation, the venue shall be of the Eighteenth Judicial F.O.B.Sanford,point of delivery to be designated at the time the Circuit in and for Seminole County, Florida. actual order is placed. 30. APPLICABLE INTERNET BASED DOCUMEMNTS 26. OPERATION OF EXISTING FACILITIES By this reference the items listed below are hereby understood It is the responsibility of the contractor to coordinate with the to be incorporated into the solicitation documents as if physically City's representative with regard to continuous operation of the attached and fully set forth therein verbatim. A sample of the facility(s)affected by the work. standard contract used by the City and terms and conditions applicable to City issued purchase orders. This information is 27. CONTRACTOR QUALIFICATIONS available at: A. Must be knowledgeable and experienced with this type of project. A. PO Terms and Conditions: http://www.sanfordfl.gov/index.asi)x?page=879 B. Must possess the required certifications, licensing and insurance. B. Contract and terms and conditions: hftp://www.sanfordfl.-govfindex.aspx?paqe=883 C. All work must be performed under the direction of a qualified Supervisor,and in accordance with accepted industrial practices C. Applicable Insurance Requirements: relevant to the work to be performed. http://"www.sanfordfl.govfindex.aspx?page=877 D. Must comply with all Federal, State & Local Ordinances & D. Solicitation documents, Tabulations, addenda, notices Codes. applicable to submissions will be posted in the section from which the solicitation was downloaded: hftp://www.mvvedorlink.com 31. SPECIFICATIONS: Scope of Services City, Public Works Department is currently doing an alley rehab project that requires us to take out 6" of base material and replace it with asphalt millings. Once this is done we will then need a company to come in and apply a sealcoat of Cyclogen to bond the millings together and ensure a smooth ride. The City has approximately 306 alley segments that are approximately 300 feet long and 14 feet wide. This is a continuing contract that will consist of a four year agreement. Application Method Pavement sealers are applied with either pressurized spray equipment, or self-propelled squeegee machines or by hand with a squeegee. Equipment must have continuous agitation to maintain consistency of the sealer mix. The process is typically a two coat application which requires 20 to 30 minutes of curing before vehicles can be allowed back on the surface. Prior to application the surface must be completely clean using sweeping methods and/or blowers. If the surface is not clean, then poor adhesion could result. Once the surface is properly prepared, then properly mixed sealer will be applied at about 60 square feet per gallon per coat. Requirements • The Contractor must be a license application contractor to provide these services in the State of Florida. • Provide insurance with the following coverage (see insurance requirement form). • Must provide traffic control, notifications of residents, all labor and materials included. IFB 15/16-02 Cyclogen Rejuvenation