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1741 Central FL Environmental: ELMBl Reclaimed Water Main Extension 'Y Nil Monday, February 01, 2016 PURCHASING TRANsm[TTAL MEMORANDUM To: City Clerk RE: East Lake Mary Blvd Reclaimed Water Main Extension IFB 14/15-06 Central FL Environmental Corp, Executed Agreement The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit Rend ' g �L A❑ ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance epu y i y anager ❑ 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.rri so-(. Osrd-ov' z From Date TADept_fornu\City Clerk Transmittal Memo-2009.doc ,u , 5%��4 DocumENT APPROVAL 1 /27/2016 9: 17 AM Contract Agreement Name: East Lake Mary Blvd Reclaimed Water Main Extension IFB 14/15-06- Central FL Environmental Corporation Purchasing Ma r Date Ct Finance Dir for Date y ttorney Date WIX4 e.2 t/ SECTION 00520 AGREEMENTFORM PARTI GENERAL 1'01 THIS AGREEMENT, made and entered i 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 Central Florida Corporation,Environmental whose principal and |000| address is 910 Belle Avenue, Suite 1040, Winter Springs, Florida . 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 FuxUUcmms: A. The Contract [>mounnantm include the Agreement, Addenda (which pertain to the Contract OocVrnents), Contractor's Bid, Notice t0 Proceed, the Bonds' the General Condition8, the Supplementary Conditions, the Specifications listed in the Index to the Project K4anua|, any technical specifications as incorporated by the Project Manual; the Drawings as |iahad in the Project Manual, all Written Arnendnments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreemnent, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth ba|ovv 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 ane, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section OO52O -Agreement Form. 2. The Project Manual. Note th Index ( t rti ng on page nunb er 00010-1 of the Project Manual) includes all instructions, temne' general and supplemental conditions, bid documents, p|ans, prints and specifications pertaining to the Project. 3. Addenda Applicable bz the Bid 4. Contractor's Bid, OO41O. 5. Performance Bond, D0GO5. 8. Payment Bond, OO81O 7. Material and Workmanship Bond, 00015. 8. Trench Safety (Executed Fonn). O043D 8. Non Collusion Affidavit, OO432 10. Conflict of Interest Affidavit, O0434 11. Public Entities Crime Affidavit, OO430 12. Compliance With the Public Records Law Affidavit, O0438 13. Bidder Qualification Affidavit, OD440 East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-1 14. Receipt of Exempt Public Records and Agreement 0J Safeguard (if Required for Project by City), 00442 15. Certification Of Non-Segregated Facilities (Executed ForOl\ OO450 16. Disputes Disclosure (Executed Fbnn). O0452 17. Drug Free Workplace (Executed Fonn\. 00454 18. Unauthorized (||)oga|) Alien Workers Affidavit, OO456 19. E-Vehf« Compliance Affidavit, OD458 20. Americans With Disabilities Act Affidavit, OD4OD 21. Financial Information (Executed Form) (if Required by City), 00462 22. |nsVnanoeCortU5cate(m) 23. Notice Cf Award, OO51O 24. Criminal Background Check Requirements (|f Required for Project by City), 00525 25. Notice 0o Proceed, 0O53O. 28. Consent of Surety to Final Payment (Executed Fonn)' OO@17. 27. Contractor's Application for Payment (Executed Forms). 00G25. 28. Certificate ofSubstantial Comp|etioO, 00626. 29. Certificate of Final Cump|etimn. 00627. 30. Contractor's Partial Release of Lien (Executed FOFnOs), OO640. 81. Subcontractor's Final Release of Lien (Executed For0). 00641. 32. Subcontractor's Partial Release Of Lien (Executed Fonne\' OO844. 33. Contractor's Release of Lien (Executed Fonn)' O0045. 34. Project Field Order(Executed Form), 00940. 35. Work Directive Change (Executed Fomn\. OD945. 30. Change Order/Executed\. 0085D. 37. Additional document(s) that are not apeodinaUy listed in Paragraph 1.02.A.1 through 1.02.A.36. but which are included in the Project K8onuo| and any additional documents agreed upon by the Parties shall be included aso part of the Contract. These documents form the Contract and all are aa fully a part of the Contract ao if attached to this Agreement orrepeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed docurnent(n) isbJbe 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 ofWork The Contractor shall perform all work required bv the Contract Documents for the construction ofthe East Lake Mary Blvd. Reclaimed Water Main Extension (IFB . C. Contract Time The Contractor shall begin work after the issuance of a written Notice to Proceed from Owner and ahoU substantially complete the work within the Contract Time identified in Paragraphs 1.O2.C.50f the Bid Form, which is1OO calendar days. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520~2 The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER $1000 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 Seven hundred seventy-eight thousand nine hundred sixteen and 85/100 Dollars ($778,916.85). 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. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-3 H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10%, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. I. Engineer The Project has been designed by CPH, Inc., referred to in the documents as the Engineer. J. 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. East Lake Mary Blvd.Reclaimed Water Main Extension AGREEMENT 00520-4 6. The CONTRACTOR hereby guarantees the CITY that all nnaterka|G, supplies, services and equipment Gs listed qna Purchase Order meet the neq.inaOOente' specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970. from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship ofco- partners between the p3r1ies, or as constituting the CONTRACTOR Unc|uding, but not |inoiAad to, its officers, emnp|oye8s, and agents) the agent, representative, oremployee of the CITY for any purpose, oriOany manner. whatsoever. The C[)h]TRACT(]Fl in 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 penmion, workers' con0peDsaUoO, unemployment compensation, civil service or other employee rights or privileges granted to the C|TY's officers and employees either by operation mf law orby the CITY. 8. 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 C{JNl-R4CTC]Fl has informed the CITY, and hereby represents to the C|TY, that it has extensive experience in performing and providing the services and/or goods described in this Agreement and that itiewell acquainted with the components that are properly and customarily included within such projects and the requirements of |axvs, ordinance, rules, regulations or orders of any public authority orlicensing entity having jurisdiction over the C|TY"e Projects. 11. Quality, Professional Standards, and Security Requirements o. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agerds, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted etendards, technical aoourauy, neatness of appearance of employees, employee conduct, safetv, and the ' East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-5 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 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. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-6 f. 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. 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. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520.7 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. 23. Until further notice from the City Manager the designated representative for this Agreement is: Paul Moore, P.E. Utility Director 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 East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-8 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. 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 East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-9 notice to the CONTRACTOR. No_tice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and/or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and/or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and/or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and/or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and/or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-10 but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. C. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-11 e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. f. The CONTRACTOR shall submit a report to the CITY within twenty-four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 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. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-12 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. 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 East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-13 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 119, 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. East Lake Mary Blvd.Reclaimed Water Main Extension AGREEMENT 00520-14 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 111, 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 East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-15 the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and/or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 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. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-16 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes 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. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-17 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 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. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-18 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Central Florida Environmental Corporation Name . Firm 1-7-iol4, By (Signature) I Date (SEAL) David Stalowy- President Printed Name and Title ATTEST: By (Signature) Date 0-\AQ\S-CmA Printed Name and Title OWNER: City of Sanford Name of Own By (Signature) Date (SEAL) Jeff Triplett, Mjvvor Printed Name and Title ATTEST: By (Sigr%tur'e) Date Cynthia Porter, City Clerk Printed Name and Title r oved as to fbrm+"amd legs u ici cy. Date City Attorney pid16 _7 END OF SECTION East Lake Mary Blvd. Reclaimed Water Main Extension AGREEMENT 00520-20 SECTION 00618 INSURANCE REQUIREMENTS (CITY OF SANFORDY The following insurance requirements are required to be mnmt, in addition to requirements defined in Sections 00700 (General Conditions) and 00800 (Supplementary Conditions). Any conflict between the requirements contained in this aaoUon and any other section, it is hereby noted that the requirements of this section oo amended shall prevail. 1. The successful bidder will be required to provide, 10 the City of Sanford and the Engineer, prior to commencing any work, o 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. 2. The City reserves the righ1, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the project, conditions and exposure. 3. The insurance |irn|ta indicated ba|mvv and otherwise referenced are rnin(nnuno |inn|te acceptable tothe City. Such policies shall be endorsed to provide primary and non- contributory coverage to the City and all of the Additional Insureds in relation to any and all other liability insurance and shall not contain co-insurance provisions. 4. All policies are to be provide m Waiver of Subrogation endorsement in favor of the City and all of the Additional Insureds. 5. All policies, except for professional liability policies and workers compensation policies are to be endorsed to include the City of Sanford and the Engineer as Additional Insured. 8' Professional Liability Covmrage, when app|icab|e, will be defined on a case by case basis. 7. Builder's Risk ("All Rioh^) insurance is required for all projects that include above grade construction, installation of structures, pipeline inoto||abun, and for all projects where the Contractor proposes tobe paid for stored material. 8. In the event that the insurance coverage expires prior to the completion of the project, o renewal certificate shall ba issued 3O days prior 0o said expiration date. 8. All limits are per occurrence and must include Bodily Injury andPropertvOannage. 10. All policies must bewritten on occurrence form, not on claims made form, except for Professional Liability. 11. Self insured retentions shall not be allowed on any liability coverage. 12. In the notification of cancellation: The City of Sanford and the Engineer shall be endorsed onto the policy as a cancellation notice recipient. Should any of the above East Lake Mary Blvd.Reclaimed Water Main Extension INSURANCE REQUIREMENTS 00618-1 . . described policies be cancelled before the expiration date thereof, notice shall be delivered &o the City of Sanford in accordance with the policy provisions. 13. All insurers must have mnA.K8. Best rating ofat least A-\/ |. 14. It is the responsibility of the Contractor to nampmnoih|m to aneVne that all Subcontractors retained by the Prima Contractor shall provide coverage as defined herein before and after and are the responsibility of said Prime Contractor in all respects. 15. Any changes to the coverage requirements indicated above shall be approved by the City of Sanford Risk Manager. 16. Address of "Certificate Holder" \a: City of Sanford; Attention: Purchasing Manager; 300 N. Park Avenue); Sanford, FL 32771 Phone: 407-688.5028; Fax: 407-688-5021; CPH' |nc, 5OOWest Fulton St.. Sanford, FL 32771. 17. All certificates of insurance, notices, etc. must be provided to the above addresses. 18. Insurance requirements are as follows: A. For construction projects vvhamathetuta| uunatructioncootie $5OO,DUOorhigher; or the Contract Time exceeds 18O days; or unusual hazards exist: Coverage Required Minimum Policy Limits Workers' Compensation Employers Liability$ 1,000,000 *Certificates of exemption are not acceptable in lieu of Each Accident $ 1,000,000 workers compensation insurance Disease $ 1,000,000 Commercial General Liability shall include-Bodily injury liability, Property Damage liability; Personal Injury liability and Advertising injury liability Coverages shall $3,000,000 Per Occurrence include: Premises/Operations; Products/Completed $ 3,000,000 General Aggregate Operations; Contractual liability; Independent Contractors, Explosion; Collapse; Underground Comprehensive Auto Liability, CSL, shall include"any $ 1,000,000 Combined Single Limit auto"or shall include all of the following: owned, $ 1,000,000 General Aggregate leased, hired, non-owned autos, and scheduled autos. Professional Liability(when required) Not Required for this project Builder's Risk(when required)shall include theft, sinkholes, off site storage,transit, installation and equipment breakdown. Permission to occupy shall be 100% of completed value of additions included and the policy shall be endorsed to cover the and structures interest of all parties, including the City of Sanford, all contractors and subcontractors Garage Keepers (when required) Not Required for this project Garage Liability(when required) Not Required for this project East Lake Mary Blvd.Reclaimed Water Main Extension INSURANCE REQUIREMENTS 00618-2 19. Certification: A. |tienoted that the City has u contractual relationship with the named Contractor, applicable toa purchase order, work order, contract or other form ofcommitment by the City of Sanford, whether in xvhdng 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 e matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as o result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the City harrn|moe. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the City will expect relief from the Contractor. B. The Undersigned accepts and mOneoa 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 opp||oeb|m so|icitat|on, purchase order or contract dnoumnent, those tenna, conditions and coverage requirements are incorporated into that document as if fully set forth in verbatim. Certified By: Central Florida Environmental Co!poration Name of Contractor 910 Belle Avenue, Suite 1040 Winter Springs Florida 32708 Address city State Zip Code Signature David Stalowy- President Printed Name and Title END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension INSURANCE REQUIREMENTS 00618'3 Limmu ruc m t-asuany %-vuipdny - Lvrnpany rronle - t5esrs i:recin mating k-enter rage i of L A.M. Best Rating Services 'W Welcome Back Eryn Zak IMyMemher onle I tog Ot.1 A.M.Best Company I A.M.Best Rating Services i A.M.Best Information Services About i Careers i Events I Support i Contact Rating Services Home Rating Search: —� Search s Advanced SQArch RPrinl this pMe Ratings a ��.. o Recent Ratng.lWvity United Fire & Casualty Company u •Search for a Rating A.M.Bost II:000828 NAIC a:11021 FEIN a:420664327 Ratings by Region m Mailing Address View Additional Address information =. ._ - - Rating Process&Definitions a P.O.Box 73909 Assigned to IRnmcts3d 011lathp insurance 1' tot T '' •Understanding Best's Ratings Cedar Rapids,IA 52407.3909 companies •Guide to Bast's Ratings United States that have. A •Fa+antial Strength Rating Gu,do in our opinion.an excellent ability Web:www.unitedfuenrouo coin p •Issuer Credit Rating Guido >Issue Rating Guide Phone:319.399-5700C(i to meet their ongoing 9 • 9 insurance •National Scale Rating Guide Fax:319.266.25121tJ obligations. •Lloyds Syn0cate Ratings •Country Risk Infonnaton Based on A.M.Best's analysis.058589.United Fire Group,Inc.is the AMB Ultimata Parent and identifies the topmost entity of the .Market Segment Outlook corporate structure.View,a list of 9p4rating insurance entitles in this structure. Rating Methodology -. _ - -.---- Best s Cred Ralulg it s Industry Research ---_- .__..._......T__.._.- .._.._.._ . ....... __.___.............._................._ Finaneiat Sirongth Rating Vlow Da nlNon _ :Boat's Credit RaOn Anai t -------'. Industry 8 Market Centers y r--------_._-._._..._._ ___, Contact an Analyst Rating: A(Excellent) Rating Issued by:AM.Best Company,Inc. y Financial Size X(5500 Million to$150 Senior Financial Analyst:Joel Sdvertharn Conferences&Events Category: Million) ;Assistant Vico President:Henry K.Winter.CPCU.ARM•E j Awards&Rocogmdons Outlook: Stable _.._ —..—._-_ _.._... Wta Submission Center u Action: Affirmed --OiscDisclosure- �- _ Information Regulatory Information v Effective Data: April 23,2015 Initial Rating Date: June 30,t95i -14 View A.M.Best's Rating Qisdosure Statement 1•ind it 11e 's CI-edit Ruling Long•Torm Issuer Crodlt Rating View Definition _ A.M.Best Affirms Ratings of United Fire Group.Inc.and i Enter a Company Hama Long•Tarm: a t( its Suhsidi06037 Assigns Ratings to UFG SrrocJnlN ii Compan •Advanced San d� Outlook: Stable Insurance Y - ' Action: Affirmed Agri)23,2015 A.M.Bost Rating Sofvices IEffective Date: April 23,2015 Contact Iniortnaiien a ! Initial Rating Data: November 12.2004 V ocrion u"*,,Rev,ew nrfM RM M .. . A.M.Bost has provided ratings&analysis on this company since 1951. Financial SUaR th (rL4,.ng-Torm 1Sauer Crodit___ Effective Oato Rating Effective Data Rating '4r23r2015 A 4123/2015 a 1 4/30!2014 A 4130/2014 a 51i612013 A i 5/18!2013 a 6/1112012 __A 18/1112012 a 5/1612011 A !5/1612011 a 51312010 A y 5/3!2010 a Related Financial and Analytical Data he following links provide access to related data records that A.M.Best utilizes to provide financial and analytical data on a consciWated or ranch bans. AMB 0 Company Nance Company Description 019188 United Fire and Casualty Group(CS) Represents Property/Casualty business of this legal entity. 003875 United Fire&Casualty Group(G) Represents the A.M.Best Consolidated financials for the Property/Casualty Rnting gait business of this legal entity. AMB Credit Reports AMR Grodit Report _includes Bosrs Financial Strength Rating and rationale along with comprehensive analytical Yom ) commentary,detailed business overview and key financial data. Ropon Revision Date:5/812015(represents the latest significant change). q--+ Historical Reports are available in AMR Credit Report Archive. View additional news,reports and products for this company. Press Releases Date Me Apr 23,2015 A.M.Best Affirms Ratings of United Fire Grouo.Inc.and its Subsidies•_Assigns Ratings to UFG Specialty insurance Company Apr 30,2014 A M.Best Affirms Ratings of United Fire Grouix inc,and its Subsidiarie May 16,2013 A M.Best Revises Outlook to Stable and Affmx Ratings of United Fire Group,inc and Its Subsidiaries Jun 11,2012 A.M.Best Affirms Ratings of United Fire Group,inc,and Its Subsidiaries httn://www3.ambest.com/ratings/entities/CornpanyProfile.asvx?ambnum=928&URatingld... 1/22/2016 1Ji1IWU VHV 61 0.aSUalp l.OHIJ72HY - E_URWwq 1",CUI)ll: - ism h vick"t tv�Ul!! �.CtItG1 t ct vt E�rnpea)r,lnia+).Di:.c fat.ur.75 lusts li:m Dl.dosures .�., ,_..,._ �.. 4•.11 .lr.i.lil [.:iS�:(. 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Best Rating Services 4OWeicomet3ack Eryn Zakl My M2M!l Cnntcr il.catka A.M.Best Company I A.M.Bost Rating Services I A.M.Best Information Services About I Careors i Events I Support I Contact Rating Search: Search s Advanced Sonrch L�J Print this page Rating Services Home Ratings y •Recent Rating Admty Bridgefield Employers Insurance Company (? •Search for a Rating A.M.Best a:012158 NA1C a:10701 FEIN 1:591835412 Ratings by Region n Domicillary Address Rating Process&Definitions n 2310 Commerce Point Drive Assigned to FkriicW�� a ho .Underabandmg Basis Rabngs Lakeland,FL 33801 insurance es .Guido to Best's Ratings United Strifes have. •Financial Strength Rating Guide in our opinion,an excellent ability •issuer Credit Ratio Guide Web:www.strmmitholdinns.com 9 Phone:B63-665-60600, to meat their ongoing insurance .Issue Rating g Guido obligations. .National Scale Rating Guide Fax:863.667-2738%!• .Lloyd's Syndicate Ratings --...._.....__. ------- ._.—__—___............._....---- >Country Risk Information Based nit A.M.Best's analysis.058317-American Financial Group,Inc is the AMB Ultimate Parent and identifies the Ie >Market Segment Outlook ly topmost entity of the corperate structure.View a list of operating insurance entities in this structure. Rating Methodology Best's Credit Ratings _-- —__—�.__ ... _. Industry Research � .--- ---._. __._ — Industry 8 Market Centers a pFinantLfl Strength Rad�_Vlow Doflnitten Boat a Crodtt Rating Ali Contact an Analyst ( Rating: A(Excellent) i Rating Issued by A.M.Best Company,Inc Affiliation Code: r(Reinsured) (Senior Financial Analyst:Michael W.Russo Conferences&Events u ' Financial Size X(S500 Million to$750 !Assistant Vice President:Jennifer Marshall,CPCU.ARM Awards&Recognitions Category: Million) Data Submission Center o ;Outlook: Suhbio Disclosure Infannatlon_ —�-^^— Regulatory Information u ; Action: Atfenwd Effective Date: March 20,2015 i View A.M.Best's Ralinn Disclosure Statement Initial Rating Date: January 18,1999 ird a lkxr's Credit Raturg A M.Bast Affrms Ratings of American Financial Group, Entar a Company Name i tonq•Torm lssuar Credit Rating Vlow DoOnitlon—�� ~} Lqg and Its ProaertvtCasuatty Subsidiot_les Advaruwl Search } Long-Term: a March 20,2015 Outlook: Stable (Action: Affirmed A.M.Best Retltlg SeflttCes i Effective Date: March 20.2015 Contact Information a loltiai Rating Data: January 25,2006 u Deeoo,U,,On Renew ac,t',Rnt m , .._____... _.. .--_ ............ Rating History A.M.Best has provided ratings 8 analysis on this company since 1990. Financ)at Stronglh_ ;Long•Torm lasuor Credit Effective Data Rating (Effpctivo Data Rating 3/20/2015 A i 3/2012015 a 4/17/2014 A 4/17/2014 a 18114r2013 A (8/1412013 a 17/28/2012 A '71213/2012 a 8/16/2011 A (U16t201,1 a 6111g010 A '61 1112010 a I AtdB Credit Reports ({ AMS Crodit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical Y � commentary,detailed business overview and key financial data. r Report Revision Date:6/15/2015(represents the latest significant change). (� Historical Reports are available to AMB Credit Report Archive. Y } View additional news,reports and product s for this company. i Press Retaases — Date Lilts: i Mar 20,2015 A.M-Best Affirms Ratings of American Financial Group.Inc.and its Proeertv(Sasu01iy Subsidiaries Apr 17,2014 A.M.a firms Ratings for Republic indemnity Comoany of America and Its Affiliates Jan 09,2014 A.M.Best Comments on Announcement of Acnuisition of Summit Holdings Southeast Inc by American financial Group.tnc. ! . I Aug'4,2013 a' ,k tLBiZrm3 R hnns�f l) L1y M ttu,# o)dina Comoanv}0,c and ItsSubsidiaries _ j Jul 26.2012 A.M.Best Affirms Ratings of tibeol Mutual Holding Comoany[n f,and Its Subsidiaries Jun 16.2011 A M Rest Revises Outlook to Stable for Libertnt Mutual Holding,Company Inc and Its Subsidiaries Jun 11.2010 A M.Best Affirms Ratings of Liberty Mutual Holding Comoany inc,and its Subsidiaries Mar 05,2008 A,.Best Affirms Ratings of LibeM Mutual Group.Inc Its Subsidiaries arid Liber Life Assurance Comoany j of Boston j httn://www3.ambest.com/ratinp-s/entities/Comi)anyProfile.asvx?ambnum=12158&URating... 1/22/2016 Driagencia rmpioyers insurance t_;ompany - uompany Frotile - best's Uredit stating Uenter Fage 2 of Jan 25,2006 A.M.Rest Affirms and Assigns Rhinos to Liberty Mutual and Urgrades Rating of Libegy We:maintain Stable Outlook Jun 17,2004 kNi Best Affirms Liberty hilutual's Ratings-Revises;Outlook to Stable ---------- -------- ----- - 1 2 Page size: 10 13 items tit 2 pages European Union Disclosures A.M.Best-Europa Rating SomcasLimiled(AkIBERS).a subsidiary olAM Best Company,is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore,credit ratings,issuollb y AMBERS BERS may be used for regulatory purposes in the ELlasper Directive 200614&!EC ' Australian Disclosures A M.Best ASO.PaCrft Limited(AMBAP).Austrilian Registered BodyNoml;,or(ARBN No 1503752871.is a llir,!ed habilty,company incorporated and dcmiciled in Honp Kong AMBAP is a wholesale Auit Inthan Financial Services(AFS)Licence holder(AFS No.411055)under the Corporations Act 2001,Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in 3 manner trial Could reasonably be regarded as being intended to int:uonce a retail client in making a docimon in rclabcn to a pamcular product or class of financial product.AMBAP Cre6l Ratings are intended for wholesale clients only,as defined Crew Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any SparlifiC Credit analyst AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not fecommend3lions to buy,hold of sell any securities of any other form of financial product,including insurance policies and are not a recommendation to be used to make investment 1purchasing decisions Important Notice A M.Bost`3 Credit Ratings are independent and objective opinions,not statements of fact AM.Best is not an Invogmant Advisor.(:Oe$not offer investment advice of any Lund, nor does the company ar.ls Ratmgs Analysis offer any form of structuring or firtanoall advice AAA.Bo3Vs credit opinions are not recommendations to buy,sell or hold socimbes,or to make any other investment decisions.For additional information regarding the use and WAatons of cied4 rating opinions,as well as the rating process,intermation requirements and other rating related forms and dolinitions,please view Undenitanilinfl Best's Credit Ratinns. About A M Bost I Site MOP I Customer Service I Member Cemer I Contact into I Careers I Terms of Use I Privacy Policy Security I Legal&Licensing Rogu!ato(y Affairs-Farm NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright 0 2016 A M Bost Company,Inc and/or its affiliates ALL RIGHTS RESERVED httlD://www3.ambest.com/ratinp,s/entities/Comt)anyProfile.asvx?ambnum=12158&URatiniz... 1/22/2016 NOTICE OF AWARD To: Central Florida Environmental Corporation 910 Belle Avenue, Suite 1040 Winter Springs, Florida 32708 Project Name: East Lake Mary Blvd. Reclaimed Water Main Extension Bid No. IFB No. 14/15-06 The OWNER has considered the BID submitted by you, dated March 18, 2015 for the above described WORK in response to the Invitation for Bids and Information for Bidders, and pricing for the 12" reclaimed water main option (Base Bid) received from you dated 10/16/15. You are hereby notified that your BID has been accepted for BID items for the 12" reclaimed water main option (Base Bid) in the amount of$778,916.85. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 3 day of OWNER: City of Sanford (Name of OWNER) By (Signatux6) Cat:, J (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by Central Florida Environmental Corporation this day of By (Signature) David Stalowy- President Printed Name and Title East Lake Mary Blvd. Reclaimed Water Main Extension NOTICE OF AWARD Page 1 of 1 WS RM x 877 f n Item No. CITY COMMISSION MEMORANDUM 15-210 DECEMBER 14, 2015 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Cynthia Porter, City Clerk SUBMITTED BY: Norton N. Bonaparte,Jr., Ci Man, r SUBJECT: Consent Agenda SYNOPSIS: Approval of the consent agenda is requested. A. APPROVE THE LYNX SERVICE FUNDING AGREE"ME"NT AND ADDENDUM TO THEAGREEMENTIN THEAMOUNT OF$93,OOOAND AUTHORIZE THEMAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. STRATEGIC PRIORITIES: i ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of a service funding agreement between the City of Sanford and The Central Florida Regional Transportation Authority(LYNX)for FY 2015/16 is requested. FISCAL/STAFFING STATEMENT: The agreement calls for the City to contribute $93,000 to LYNX for the 2015/16 Fiscal Year. These funds are budgeted and available in the Fiscal Year 2016 budget. BACKGROUND: The City and LYNX entered into an Interlocal Agreement for Public Transit Services in 1995 to support LYNX public transportation services within the corporate limits of the City and surrounding communities.This service funding agreement provides for the City's appropriation of $93,000 to September 30, 2016. LEGAL REVIEW: There are no substantive changes from the previous agreement approved by the City Attorney. RECOMMENDATION: It is staff's recommendation that the City Commission approve the service funding agreement and addendum to agreement between the City of Sanford and LYNX in the amount of$93,000, and authorize the Mayor to execute the agreement on behalf of the City. B. APPROVE THE 20I6SEMINOLE TOWNE CENTER LEASE THAT ALLOWS THE SANrORD POLICE DEPARTMENT TO USE THE SOUTH PARKING LOT FOR MOTORCYCLE TRAINING. STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: This is a no cost lease that allows the Sanford Police Department to use the south parking lot at the Seminole Town Center Mall for motorcycle training. FISCAL/STAFFING STATEMENT: No cost involved. BACKGROUND: In 2015,the Seminole Town Center Mall agreed to allow our motorcycle units to use their North West parking lot for monthly motorcycle training at no cost. LEGAL REVIEW: No legal review requested of the City Attorney. RECOMMENDATION: It is Staff's recommendation that the City Commission approve the 2016 Seminole Towne Center lease for use of the south parking lot,at no cost to the City. C. AUTHORIZE THE POLICE DEPARTMENT TO EXPEND $150,000 OF BUDGETED CAPITAL FUNDING FOR THE PURCHASE OF 133 TASER ELECTRICAL WEAPONS STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: The Police Department requests authorization to purchase 133 Taser replacements. FISCAL.ISTAFFING STATEMENT: The 2016 capital budget has allocated$150,000 for the purchase of Taser replacements.Based on equipment standardization and compatibility with existing equipment this will be a sole source purchase. BACKGROUND: The Sanford Police Department has used Taser International Inc. Taser electrical weapons for approximately 15 years. Our officers are trained and certified on these electrical weapons by our agency's certified Taser Instructors. The four year extended warranty on our current X26 model Taser will expire February 2,2016.The X-26 is no longer serviced by Taser International Inc.The replacement taser is the X-26P model which will be purchased with an extended full replacement five year warranty. The purchase also includes a$180 discount for each X-26 Taser that is traded in for a new X-26P Taser.The total discount will be$23,940.This discount offer expires December 31,2015. In the near future the X-26P Taser will have the capability to automatically activate the Officer's body worn camera when the Taser is removed from its holster. This compatibility will ensure audio-video documentation each time this equipment is utilized. LEGAL REVIEW: No legal review requested of the City Attorney. RECOMMENDATION: It is staff's recommendation that the City Commission authorize the expenditure of$150,000 in budgeted capital funding for the purchase of 133 Taser Electrical Weapons. D APPROVE THE PURCHASE OF A 2016 BRAUN CHIEF XL TYPE / RESCUE/AMBULANCE ON A 2016 RAM 4500 CHASSIS FROM TEN 8 FIRE EQUIPMENT COMPANYIN THEAMOUNT 0F$225,639AND TO DECLARE THE 2005 INTERNATIONAL MEDIC TEC 4300 RESCUE SURPLUS -- TO BE ( DISPOSED OFAT AUC770N. STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval to begin the purchase process for one rescue from Ten-8 Fire Equipment Company is being requested. FISCALISTAFFING STATEMENT: The 2016 budget contains $228,000 for the intended purchase of a 2016 Braun Chief XL Type I Rescue/Ambulance on a 2016 Ram 4500 Chassis to replace a 2005 International Medic Tec 4300 Rescue. Competitive pricing has been addressed by utilizing the Florida Fire Chief's Association contract which is based on formal bids for the included equipment. The 49 page contract is available at the City Clerk's office for reference. BACKGROUND: The rescue being replaced has had considerably increased out of service time due to maintenance and appreciably higher related repair costs over the last five years.Although it is a reserve vehicle, it is used for front line operations four to eight weeks annually; additionally, it is used for special event details several times per year. Its replacement is necessary to maintain the department's operational readiness. Another component of the requested transaction is for the City Commission to declare the 2005 International Medic Tec 4300 Rescue,(City of Sanford inventory#7902),as surplus to be disposed of at auction after the new vehicle is prepared for service. LEGAL.REVIEW: No legal review requested of the City Attorney. RECOMMENDATION: It is Staff's recommendation that the City Commission approve the purchase of one 2016 Braun Chief XL Type I Rescue/Ambulance on a 2016 Ram 4500 Chassis from Ten-8 Fire Equipment Company in the total net amount of$225,639 and to declare the 2005 International Medic Tec 4300 Rescue (City of Sanford inventory#7902) as surplus to be disposed of by auction when the new vehicle is prepared for service. E'. APPROVE THE PROCUREMENT TO PLAY SPACE SERVICES, INC., IIV AN AMOUNT NOT TO EXCEED $80,532.50 FOR REHABILITATION OF THE FT. MELLON PARK PLAYGROUND SAFETY SURFACING. STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval to procure service from Play Space Services Inc. for the rehabilitation of the Ft.Mellon playground safety surface is being requested. FISCALISTAFFING STATEMENT: The total cost for the safety surface is$80,532.50;funding is budgeted for in the 2015/2016 Capital Replacement Fund. BACKGROUND: The vendor, Play Space Services Inc., is on the Osceola County School District Bid#SDOC-14- B-075-1,11. Playground Equipment, surfacing and installation was competitively bid. The vendor will remove the existing aged safety surface,make repairs to several areas where the old bung's have deteriorated, and install new buffing and rubber chip surface. LEGAL REVIEW: The City Attorney prepared the proposed piggy back contract. RECOMMENDATION: It is staff s recommendation that the City Commission approve the procurement to Play Space Services Inc. in an amount not to exceed $80,532.50, for rehabilitation of the Ft. Mellon Park playground safety surface. F. APPROVE THE PROCUREMENT OF CITY WIDE CONCRETE SERVICES FROM CARAWAY CONCRETE CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED$100,000 FOR SIDEIYALK REPAIR AND TRAFFIC CIRCULATION, STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture �/ ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Procurement of City-wide concrete services to Caraway Concrete Construction, Inc. is being requested. FISCAL/STAFFING STATEMENT: Funding is available from the residual Second Generation One Cent Sales Tax account. BACKGROUND: Procurement of City-wide concrete services and associated expenditures are requested under Bid # IFB-12/13-23. This procurement activity was competitively bid in which Caraway Concrete Construction, Inc. was the lowest qualified responsive and responsible bidder. Funding will be allocated for the following: (1) $75,000 for sidewalk repair (2)$25,000 for traffic circulation(speed tables/raised crosswalks,etc.) LEGAL REVIEW: The City Attorney's office has reviewed and has no legal objection to the procurement activity being implemented in accordance with City policies and procedures. RECOMMENDATION: It is staff's recommendation that the City Commission approve the procurement of City-wide concrete services from Caraway Concrete Construction,Inc.in an amount not to exceed$100,000, for sidewalk repair and traffic circulation. G. APPROVE CHANGE ORDER NO. I IN AN AMOUNT NOT TO EXCEED $67,680.23 TO OVAT/ON CONSTRUCTION, INC., FOR THE GOLDSBORO TR4ILHEAD PROJECT. STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ® Promote the City's Distinct Culture ❑ Update Regulatory Framework ® Redevelop and Revitalize Disadvantaged Communities t _ SYNOPSIS: Approval of Change Order No. 1 to Ovation Construction,Inc.for the Goldsboro Trailhead Project (IFB 13/14-27R)is being requested. FISCALISTAFFING STATEMENT: The total funding is in an amount not to exceed$67,680.23 is available from the following funding sources: • $30,784.74 from the City's Second Generation residual funds account and • $36,895.49 from the Recreational Impact Fees account BACKGROUND: Funding in the amount of$67,680.23 is requested for unanticipated plan quantity adjustments that were corrected for construction progress. City staff confirmed the necessary adjustments identified by the contractor.Also noted was the need for additional material and electrical modifications that were identified during the scope of the project. The Change Order also grants the contractor an additional 43 days to complete work(31 for construction and weather plus 12 for holiday). LEGAL REVIEW: The City Attorney has reviewed and has no legal objection assuming that no claims available to the City relative to the necessity for the change order have been omitted. RECOMMENDATION: It is staff's recommendation that the City Commission approve Change Order No. 1 in an amount not to exceed$67,680.23 to Ovation Construction, Inc. for the Goldsboro Trailhead Project. H. APPROVE AMENDMENT NO. 3 TO STATE REVOLVING FUND (SRF) LOAN WW590131 FOR BIOSOLID IMPROVEMENTS AND ALLOW THE MAYOR AND CITYATTORNEY TO SIGN THEAMENDMENT, STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of Amendment No. 3 to State Revolving Fund (SRF) loan WW590131 for the City's biosolids treatment process is requested. i FISCAL/STAFFING STATEMENT: This amendment increases the current SRF loan by$6,000,000. BACKGROUND: On August 13, 2012, the City Commission approved Resolution No. 2322 which authorized the City to enter into a loan with the State of Florida. The original loan amount was for$11,871,743. On May 12, 2014, the City Commission approved Amendment No. 1 to this loan for the purpose of modifying the loan repayment schedule due to delays in the design of the project. Amendment No. 2 to loan WW590131 increased the construction loan by $4,790,789. This increase was.due to design changes that accommodated environmental conditions encountered at the site. The existing site was an old landfill. The original plan was to remove a large amount of the buried debris. This proved to be too costly and a re-design was necessary. This re-design eliminated most of the original planned excavation but added the replacement of blowers and other equipment. The re-design resulted in a cost savings, however, the overall project cost increased by$4,790,789. Amendment No. 3 increases the loan amount by$6,000,000.These funds will be used to construct the biosolids improvements. This will eliminate the City's need to truck the material to Shelly's Environmental which currently costs over$400,000 annually.The improvements will also include enhanced odor control at the North treatment facility. LEGAL REVIEW: The City Attorney has reviewed the loan amendment agreement. RECOMMENDATION: It is staff's recommendation that the City Commission approve Amendment No. 3 to SRF loan WW590131, for the biosolids treatment process. L APPROVE AMENDING THE PURCHASE ORDER WITH CDM SM/TH FOR CONSULT/NG SERVICES RELATED TO AQUIFER STORAGE & RECOVERY (ASR)PERMITTING AND TEST/NG TO A COST OF$74,985. STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of amending the Purchase Order for CDM Smith for consulting services related to Aquifer Storage and Recovery(ASR)Permitting and Testing to $74,985 is being requested. FISCAL/STAFFING STATEMENT: The cost is $74,985 and is budgeted in Account No. 451-4510.536.31.00. Requirements for competition is met through CCNA and the existing master contract between the City and CDM Smith. The current Purchase Order is in the amount of$38,205. BACKGROUND: On May, 24, 2004, the City Commission approved the Memorandum of Understanding with the St. Johns River Water Management District to design,permit, and construct an ASR system. The contract expired on September 30, 2011. CDM is the principal engineer of the project. The scope would continue work performed under the original contract. The purpose of this ASR project is to demonstrate that ASR is a feasible technology for the City to store water at a specific site in the City. Construction of the ASR well and monitoring wells as required by permit was completed in November 2007. ASR Cycle Test#1 was initiated in April 2009. This scope involves action items related to the next phase of cycle testing prior to requesting an Operational Permit. The scope includes Cycle Test Six Coordination & Reporting, ASR well acidization, assistance with external funding and Cost-Share activity. The scope of work is to be completed by September 30, 2016. LEGAL REVIEIIY: None requested of the City Attorney. CCNA and the existing master contract between the City and CDM Smith. RECOMMENDATION: It is staff's recommendation that the City Commission approve amending the Purchase Order with CDM Smith for consulting services related to Aquifer Storage and Recovery (ASR) Permitting and Testing to a cost of$74,985. J. AWARD BID #IFB 14/1506 TO CENTRAL FLORIDA ENVIRONMENTAL CORPORATION AT A NEGOTIATED PRICE OF $778,916.85 CONTINGENT UPON THE PAYMENT OF$553,511.01 BYSERENGETI PROPERTIES INTO AN ESCROW,FUND. -- STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval to award Bid#IFB 14/15-06 to the low bidder for the reclaimed water main extension on East Lake Mary Boulevard is being requested. FISCAL/STAFFING STATEMENT: The low bid was submitted by Central Florida Environmental Corp. Due to budget constraints the City negotiated with the low bidder for a 12 inch pipe instead of the original designed 16 inch pipe. The negotiated price is $778,916.85. BACKGROUND: On November 18, 2013, the City Commission approved an agreement with Serengeti Properties for the extension of a reclaimed water line to secure their proposed residential properties. The City's cost share of the project was $50,000 with the balance to be paid by Serengeti properties. On October 27, 2014, the City Commission approved a cost share agreement with the St Johns River Water Management District (SJRWMD) that will help provide some funding for this reclaimed water line extension. The amount of this grant is $225,405.84. The construction cost balance would be paid by Serengeti Properties which is $553,511.01 ($778,916.85-$225,405.84). The City's cost share of$50,000 was for the design and post design services and is not part of the construction cost that would be paid to Central Florida Environmental Corp. On March 18, 2015, bids were opened for the extension of a reclaimed water line on East Lake Mary Boulevard. There were six bidders with Central Florida Environmental Corp. as the low bidder. Attached is the bid tabulation. LEGAL REVIEW: The City Attorney reviewed the information and has no legal objection to the award of the bid. RECOMMENDATION: City staff recommends award of the bid to the low bidder, Central Florida Environmental Corp. at the negotiated price of $778,916.85, contingent on the payment of $553,511.01 by Serengeti Properties into an appropriate escrow fund. K. APPROVE AMENDMENT I TO THE STATE FINANCIAL ASSISTANCE {,. AGREEMENT LP 590 f 6, TO EXTEND THE SANFORD ALTERNATIVE WATER SUPPLY PROJECT TO OCTOBER 31, 201'7. STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of grant extension from the Florida Department of Environmental Protection (FDEP) - LP 59016 for the Sanford Alternative Water Supply project is being requested. FFISCALISTAFFING STATEMENT: There is no financial change to the original agreement. The $500,000 cost share with the FDEP is for enhancements to the Aquifer Storage and Recovery System(ASR). The total estimated cost of the overall project is $940,000. The City's match will come from St. John's River Water Management District(SJRWMD) Cost Shares totaling$465,729. The City has funds available to t' supplement the FDEP grant funding and to complete the projects,if necessary. BACKGROUND: On October 13, 2014, the Sanford City Commission approved Resolution No. 2483 authorizing and executing the agreement- LP 59016 with FDEP for the Sanford Alternative Water Supply Project.The requested extension is through October 31,2017. LEGAL REVIEW: The Assistant City attorney has reviewed the documentation and has no legal objections to proceeding. RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the State Financial Assistance Agreement DEP No. LP 59016,to extend the Sanford alternative water supply project to October 31,2017. L. APPROVE THE HEALTH CARE COVERAGE, BUDGET AND MONTHLY EMPLOYEE CONTRIBUTIONS AS RECOMMENDED BYSTAFF. i STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of employee health insurance estimated expenditures and employee contribution for Calendar Year(CY)2016 is requested. F"ISCALISTAF'FING STATEMENT: The City's health insurance underwriter has recommended the renewal of the health insurance fund to be funded at $6.1 million (including 100% claims funding and administrative and excess insurance coverage fees)for the City's self-funded health insurance plan for CY2016 compared to the initial$4.55 million in CY2015. The increase is due to a small number of large claims that the City has experienced in both 2014 and 2015; for example, in April 2015 alone the City paid $1,037,541.39 in health insurance claims; and in February and March 2015 the City paid in excess of$300,000 in health insurance claims in each of those two months. And in 2014,2%of the health insurance membership incurred claims cost equal to or nearly equal to 100% of the membership in 2013. In the three calendar years prior to 2014 the City's incurred claims costs were historically in the $2.5 million to $2.8 million range. The number of large claims and the amount paid in claims costs has been an anomaly for the City's health insurance program in 2014 and 2015. On a positive note, claims cost are trending downward; in the last three months the health insurance claims cost paid by the City was$522,000 in total. The$6.1 million does not include the budget in Fiscal Year(FY) 15/16 for the Wellness Center of $601,915. The total of the recommended health insurance funding and the FY15/16 Wellness Center budget is $6.7 million. The FY15/16 budget allocates a total of $5.76 million for the health insurance fund and the Wellness Center, allowing for the fund to be 100% funded in all lines as recommended by staff, except the funding of claim payments which will be funded at 80% of projected claims costs. During the FY 15/16 budget preparation a decision was made to fund approximately 80%, or$4.1 million of the projected $5.1 in claim payments. The $4.1 million is closer to typical of historical annual claims projections and including at claim year of 2014. If the claims cost should exceed that 80% threshold staff would request from the Commission a budget transfer from the General Fund; if the claims cost should be less than the 80%the City retains these unused funds. Separately,the City has budgeted $90,163 in FYI 5/16 for those employees electing to opt-out of the City's health insurance in exchange for a monthly stipend of$-100. i BACKGROUND: l The City's health insurance claim year is the same as a calendar year. The City's health insurance plan is a self-insured plan and has been for several years. Funding of claim payments is a projection based on the most recent 12-15 months historical data; and in the last 12-15 months the City experienced several members with large claims. As an example,of the$3.30 million in claims paid between January and September 2015,$1.51 million was paid on behalf of nine members.As a consequence and based upon that data, staff proposed early in CY15 for the FY15/16 budget to include $6.3 million in claim payments alone in order to be 100% funded for projected claim payments; however and just recently the health insurance underwriter has determined that $5.1 million would be considered 100% funded based on 475 employees and retirees on the health insurance plan. A part of the reason for the lower number is the recent downward claims trend and the increased activity at the Wellness Center. The initial claims cap established by the underwriter a year ago for CY15 was$4.55 million based upon 477 employees and retirees before aggregate stop-loss coverage is provided;however, since the claims cap number is not static, but is dependent on the number of employees and retirees on the health insurance plan, an increase in membership can increase the cost. This renewal increase compared to this time a year ago is due to the large claim activity in the last two years. The number is unknown as to how many claims were prevented due to the Wellness Center operated by CareHere staff;but the underwriter recognizes the City's efforts to mitigate potentially large claims by encouraging use of the Wellness Center for diagnostics, annual exams, personal r health risk assessments and counseling in order to recognize serious health conditions that the employee may or may not be aware he or she has and recommends medical treatment accordingly. Further, as a result of the City's insurance structure, the City has received to date in CY2015 $394,128.23 in reimbursements from the excess insurance carrier in regards to large claims paid. The City's introduction of the Wellness Center has had a positive impact on the City's health insurance members and the City. For example, in the thirteen month period of October 2013 to October 2014 there were 5,276 patient visits at the City's Wellness Center and 3,957 prescriptions dispensed, not including mail order prescriptions; these are activities that would have otherwise been part of the traditional health insurance claims activity and costs.Nearly every week the Center is running in excess of 100% of appointment capacity even with partnering with the Lake Mary Wellness Center. It is not uncommon to have members comment on the services at the Wellness Center and some have stated, "it is the best thing that the City has done for City employees." Despite the anomaly of the increased claim payments the past two years,the Wellness Center will play an important part in mitigating increased traditional paid claim dollars, barring large claims for extraordinary medical needs or extended hospital stays. The City hopes to capture many potential large claims before they indeed become a large medical expense via encouraging employees and retirees that participate in the City's Health Insurance program to regularly and actively use the Wellness Center for wellness exams,personal health risk assessments and wellness coaching, in addition to personal medical needs that will happen from time-to-time. The City's health insurance consultant plans to provide an annual report in February or March 2016 to share the costs of the Wellness Center,traditional health insurance costs and impact of both on the City and its employees. Further, the City's own wellness initiatives include the following which make an impact on the ( health insurance plan: • Team effort developed between the City staff and its partners in monthly meetings • Employee health and wellness informational sessions • CareHere lunch and learns • Wellness Walk • Family Bowling night • Cancer Awareness month, seminars • Wellness incentives • Monthly City staff Benefits Committee meeting to ensure that we are in tune with City staff concerns and issues regarding the health insurance program, and • Dedicated and customer oriented Human Resources/Risk Management staff that assists City employees and retirees with their health insurance questions. Staff is recommending the continuance of the CY15 health insurance program. Below are several key components of the City's health insurance program: • Primary Care Physician co-pay of$25 per visit • Specialist Physician co-pay of$65 per visit • Mental Health co-pay of$0.00 per visit • Reimburse physician co-pays in excess of$1,250 per person/$2,500 per family paid in claim year • Deductible of$1,000 per person/$2,000 per family ❑ Maximum Out Of Pocket$2,000 person/$4,000 per family (medical co-insurance costs only), • Eligible Health Reimbursement for deductible expenses of$500 person/$1,000 per family, • Hearing coverage now included which include up to$3,000 in hardware costs every 36 months. Additionally, due to federal mandates, mental health will receive the same coverage as any other covered injury,illness or disease as opposed to more restricted benefits and coverages. The monthly employee contribution will remain the same as the previous seven years: • Employee only $ 80.00 • Employee+Spouse $300.00 • Employee+Children $270.00 • Employee+Family $538.00 Currently, 75 employees and retirees receive$100 to opt out of the City's health plan. Insurance regulations mandate that employees who elect the opt-out provision must be allowed to enroll in the same plan(s) offered to all other employees during the open enrollment period. LEGAL.REVIEW: No legal review requested of the City Attorney. `tom -- RECOMMENDATION: It is staff's recommendation that the City Commission approve the proposed health care coverage, budget and monthly employee contributions as outlined. M. APPROVE THE SUBMISSION OF THE CDBG 2014/2015 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. STRATEGIC PRIORITIES: ❑ Unify Downtown&the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ® Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval to submit the Community Development Block Grant Program 2014-2015 Consolidated Annual Performance Evaluation Report (CAPER) to the Department of Housing and Urban Development is being requested F'ISCALfSTAF'FING STATEMENT: t. The development of the CAPER has no fiscal impact on the City of Sanford's financial status.The cost of the CAPER was covered with 2015-2016 Community Development Block Grant(CDBG) funds administration and planning allocation contracted to the Seminole County Community Services Department. BACKGROUND: The City of Sanford is classified as an "Entitlement Community" by the U.S. Department of Housing and Urban Development(HUD). Socio-economic and demographic data of the City make it eligible as a HUD Entitlement Community jurisdiction. As an "Entitlement Community" the City of Sanford is entitled to annual allocations of funds from the Community Development Block Grant(CDBG)Program.The purpose of these funds is to provide decent housing,a suitable living environment and better economic opportunities for low and moderate income residents of the City of Sanford. In order to receive these funds,HUD requires that the City develop and submit a City Commission approved Five -Year Consolidated Plan and an Annual Action Plan that is based on community needs that have been prioritized with goals, objectives and strategies. The Five -Year Consolidated Plan is one distinct document which is implemented through five annual phases which are submitted to HUD as Annual Action Plans. The Annual Action Plans identify the proposed projects for HUD funding each program year and provides the linkage between projects and specific objectives developed to address priority needs that were identified in the Five-Year Consolidated Plan. Pursuant to the HUD requirements, the CAPER reviews the goals identified in the Consolidated Plan and Annual Action Plan and examines and summarizes the City's accomplishments in a number of areas towards those goals over the past fiscal year. The Annual Action Plan activities and projects focus on a variety of needs,such as affordable housing,capital improvements,various social and public service programs,and assistance to the homeless during the year.The CAPER is an assessment of the City's accomplishments of the goals during the program year. The CAPER also provides the City of Sanford citizens,HUD and Congress with a process by which to compare our goals to our accomplishments. In addition to the narrative section of the CAPER, the City of Sanford is required to submit financial reports produced through the Integrated Disbursement and Information System (IDIS). IDIS is a comprehensive data base that tracks accomplishments and expenditures for each activity. A summary of the IDIS activities is included in the CAPER. At a minimum the CAPER must address the following: • An assessment of the Consolidated Plan objectives and priorities during FY 2014-2015; • Actions to affirmatively further fair housing during FY 2014-2015; • Progress in meeting affordable housing goals during FY 2014-2015; • The relationship of the use of CDBG funds to the Annual Action Plan for FY 2014-2015; �. • The extent of low and moderate income persons benefiting from CDBG activities during FY 2014-2015; • The total number of homes rehabilitated with CDBG funds; • Summary of citizens' comments during FY 2014-2015; • Leveraging of resources; and • Evaluation of other specific actions taken as indicated in the Five-Year Consolidated Plan and Annual Action Plan. The Consolidated Annual Performance and Evaluation Report must be submitted to HUD before December 30,2015. LEGAL REVIEW: No legal review requested of the City Attorney. RECOMMENDATION: It is staff's recommendation that the City Commission approve the submission of the Community Development Block Grant (CDBG) 2014-2015 Consolidated Annual Performance Evaluation Report to the Department of Housing and Urban Development. SUGGESTED MOTION: "I move to approve the Consent Agenda." SECTION 00410 BID FORM PART GENERAL 1.01 Description The following Bid, for the East Lake Mary Blvd. Reclaimed Water Main Extension (IFB No. .14/15-06), is hereby made to City of Sanford, hereafter called the Owner. This Bid is submitted by Central Florida Environmental Corp 910 Belle Ave,Ste 1040 Winter Springs F132708 407-834-6115 stalzz@aol.com Fill in Name,address,telephone no.,and e-mail address of the Bidder in the spaces above 1.02 The Undersigned: A. Acknowledges receipt of. 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number 1 Dated 3/5/15 Number 2 Dated 3/12115 Number 3 Dated 3/16115. 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 fumish 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. East Lake Mary Blvd.Reclaimed Water Main Extension BID FORM NAME OF BIDDER: Central Florida Environmental Corp REV.PER ADDENDUM NO.I-3/5115 00410-1 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 180 calendar days of the date of the Notice to Proceed. 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule (Base Bid) The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. (This area left blank intentionally) East Lake Mary Blvd.Reclaimed Water Main Extension BID FORM NAME OF BIDDER: Central Florida Environmental Coro REV.PER ADDENDUM NO.I-315115 00410-2 Lf) 00 _JW0000000000000OLOo C! n- LL CR Lq a —, a 0 0 1,- 0 0 M LO t- M I- 1- 0 0 N 'T 0 z 0 IL R C� LO C) 0 v I'- W 0 0 C) LO Co- 0 CO o 69, r,: C6 • r Gi r-: -47 OD- (o- a)- Co- LO T- 613—t Colf) (a N 61.� T- 6% 613, 69, ea 1- 6% 64 C" W 00000000 to C3 0 0 0 to U.) to q q q CR q q q Co- q q q q r M O 0 "T 0 0 0 IT N w rl- 0 C) "T fl- N M w O i 0 C- va} M LO 0 0 1- M a 0 0 M 6A o. co m U) o n ca � m v a 0 6% c} 6 6 1: T- o 10 � Ef3 64 co E o 0'T V)CN r_ 0 cu C,4 2 o Z I- cl� C') co 0 Z5 OD LO to Iq CN N W U) tL M Or 0 rL 4) CL (a I-- (D w U) U) LL z LL LL < < w w w w U) M Ul(A 0(D 0) 3: O O O 0 CP ca ro- oum Co 3: c r� co ci) 0 > (j) X LL t7) 0 If C 16 z U) cu w r_ ii. o S :s a) (1) .0 CL z CL 0 0 0 E — 0 C > — CU uj ca F= > a a 2 .9 c c 2 c U) U) 0 to 0 (D x x w 0 CY, co > w w N ca ca Q) >, ca ca E m (D (D Ta a C). > 'a e E I LU w 46 a (D (D Q) G) Z 0 U) Co E -r- cu (D W Q� -CU 0 a) a co CL > V) C a (a m CL .0 C 2 cu W a) 9 < w OSO m ca CU 0 W (D CU tr- (D 0) 0) W CY, w c)) 0 0 0) a a > w 0 0 0> >0 -cc E E -6 co m ui v)7< m .0 Cc ,g z != ui C? w a- w C-4 o .< W X CD 2 m 11 -j LL F- 0 w 0 LL CI)I'lTILOj Co-jtl-jCDjMjOjr T— V Q�— w z U) 0 -1w 0 C! q 0 OR q " q '14: q q q CR R to 0 0 04 N 1- 0 LO c- 0 0 lqr mp 0 to w , r,- M m m o o m w z 0 CO 69 r r 06 "i 0 r C; -:f r V)- 613 6A 619, 64 C'4 OD 04 6`3 ea Gf} < eF3 Efl T-- EA w CL LU I.- W a d a Cl a C) a m 20 q q q OR q q C! " q O q CM (Y) LO co 613 U) co 0) 0) 0 0 WA 0. r: to r d cl! 6fl 6c> IICT 0 0 CO 6% r od 03 C6 ci C-: Z5 61), 613, 61). 6Pr 69. 64 V.) E a 0 Z T- T- CNI 00 OD LO .h-- LO Nr > U) a < w D cr TJ O U- C/) U) Co LL 10 Z LL LL < < < W w w w 1 C) c .0 CD CL 0 C: co 2 0 (D C-) (D w a) Lts ;a z ix > E .2 (D (D z 4- 'a e- -9 (D > E w a 4) (9 ca E cu c- 0 .0 C,) u (1) OD 3 0 a) C.) w > > w CU IL c2 (D (a 0) 0) -t- U) < o w B ca co ca 0 a z w c c >U) W 9 M 0: N 0 . o 0 rh LL a- a- CO v w 7? D U) 0 ca 2 2 iE3 m w io �o zo 0 _j L,0 w a a- w 0 < En U) m 0 LL 0 I--. FS F� FS 1-i F� w CO 00 m < z 04 C0 " E0 1 TI111- w z 1.05 Miscellaneous Requirements and Affirmations A. Proposals (Bids) must be on the Bid Form. B. I have attached the following required fully executed forms to this Bid: 1. Bid Security complying with the requirements of the Bidding Documents. 2. Trench Safety Statement-Section 00430 3. Non Collusion Affidavit-Section 00432 4. Conflict of Interest Affidavit-Section 00434 5. Florida Statutes on Public Entity Crimes Affidavit-Section 00436 6. Compliance With the Public Records Law Affidavit-Section 00438 7. Bidder Qualification Affidavit-Section 00440 1.06 RESPECTFULLY SUBMITTED, signed and sealed this 18th day of March 2015 Central Florida Environmental Corp Contract -.� 3/18/15 By (Signature) Date _David Stalowy president Printed Name and Title 910 Belle Ave Ste 1040 Business Address Winter Springs F1 32708 (CORPORATE SEAL) City State Zip Code 407-834-6115 407-834-6391 Telephone No. Facsimile No. stalzz @aol.com E-Mail Address ATTES 3/18/15 By(Signature) ` Date _ David Salowy,secretary Printed Name and Title END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension BID FORM NAME OF BIDDER: Central Florida Environmental Corp REV.PER ADDENDUM NO.1-315115 00410-5 SECTION 00430 TRENCH SAFETY FORM Bidder acknowledges that included in the various items of the proposal contained on the Bid Form are costs for complying with the Florida Trench Safety Act (FS 553.60-553.64). The Bidder further identifies the cost of compliance with the applicable trench safety standards for the project as follows (Bidder to attach additional sheets as necessary to identify all costs): Trench Safety Measure Units of Measure Unit Unit Cost Extended (Description) LF, SF, S Quantity Cost A Lay back side slopes/trench shield LF 534 1.00 534.00 B Lay back side slopes/trench shield LF 1489 1.00 1489.00 C D E F TOTAL $ 2023.00 The total cost shown herein is already included in the various items on the Bid Form 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. Submitted, signed and sealed this 18th day of March 2015 Central Florida Environmental Corp Bidder Sign ure David StalowZ:pres./vp/sceretary Printed Name and Title ATTE 3/18/15 Signature Date (SEAL) END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension TRENCH SAFETY FORM 00430-1 SPECLIE052803 SECTION 00432 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. Central Florida Environmental Corp Bidder 3/18/15 Signature of Authorized Representative (Affiant) Date David Stalowy,president Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Seminole STATE OF FLORIDA East Lake Mary Blvd.Reclaimed Water Main Extension NON COLLUSION AFFIDAVIT 00432-1 SPECLIS110712 On this 18th day of March —' 20 15 before me, the undersigned Notary Public of the State of Florida, personally appeared David Stalg= whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is ,personally known to me or has produced as identification. CHRISTINA TABOR (—Notary Public in and for the County and State Aforementioned) MY COMMISSION#FF1 10291 EYdntS April 7, 2018 My commission expires: 4/7/18 A07 y98 1 I'loridallotaryService.com END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension NON COLLUSION AFFIDAVIT 00432-2 SPECLIB1 10712 a SECTION 00434 CONFLICT OF INTEREST AFFIDAVIT Project Name: East Lake Mary Blvd. Reclaimed Water Main Extension Bid No.: IFB 14/15-06 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 any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. 1 certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. 1 certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the below named Bidder,will immediately notify the City of Sanford in writing. East Lake Mary Blvd.Reclaimed Water Main Extension CONFLICT OF INT R ST AFFIDAVIT 00434-1 SPECLIB110712 Central Florida Environmental Corp Bidder 3/18/15 Signature of Authorized Representative (Affiant) Date David Stalowy,president Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Seminole STATE OF FLORIDA On this 18th day of March -' 20 15 , before me, the undersigned Notary Public of the State of Florida, personally appeared David Stalowy whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is personally known to me or has produced as identification. CHRISTINA TABOR '€ MY COMMISSION#FF110291 (Notary Public in and for the County and State Aforementioned) EXP, April 7, 2018 307)398-0153 Flon a o aryservice.com My commission expires: 4/7/18 END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension CONFLICT OF INT R ST AFFIDAVIT 00434-2 SPECUB110712 SECTION 00436 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT Project Name: East Lake Mary Blvd. Reclaimed Water Main Extension Bid No.: IFB 14/15-06 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. East Lake Mary Blvd.Reclaimed Water Main Extension FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 00436-1 SPECLIBI 10712 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) X 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.) 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. Central Florida Environmental Corp 59-3072378 Bidder FEIN No. 3/18/15 Signature of Authorized Re resentative (Affiant) Date David Stalowy,president Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Seminole STATE OF FLORIDA On this 18th day of March -' 20 15 , before me, the undersigned Notary Public of the State of Florida, personally appeared David Stalowy 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 East Lake Mary Blvd.Reclaimed Water Main Extension FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 00436-2 SPECLI8110712 personally known to me or has produced as identification. t� ,��;r►u;.., Nota Public in and for the Coun and State Aforementioned CHRISTINA TABOR rY tY ) ' MY COMMISSION#FF110291 EXp April 7,2018 My commission expires: 4/7/18 [407)398.0153 FloridallotaryService.com END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 00436-3 SPECLIB110712 SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or 30 days after opening, it is understood that all submittals shall become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes, and Section 24(a), Article 1 of the Constitution of the State of Florida, and other controlling law(collectively the"Public Records Laws"). If the City of Sanford (City)rejects all replies submitted in response to a competitive solicitation and provides notice of its intent to reissue the solicitation, the replies remain exempt from disclosure until the City provides a notice of intent to award or withdraws the reissued solicitation. If no award is made, responses are not exempt for longer than 12 months after the initial notice rejecting all responses. 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. If a Proposer/Bidder submits information exempt from public disclosure, the Proposer/Bidder must specifically and in detail identify with specificity which pages/paragraphs of their bid/proposal package are exempt from the Public Records Laws, identifying the specific exemption under the Public Records Laws 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 Proposer/Bidder agrees to defend, indemnify and hold the City harmless in the event the City litigates the public records status of the Proposer's/Bidder's documents. This provision obligates the Proposer/Bidder to pay the full legal costs of the City including, but not limited to, attorneys fees, court costs, and any and all other charges, regardless of what level of trial or appeal. Central Florida Environmental Corp Proposer/ .�der f3/18/15 Signature Of Authorized Representative (Affiant) Date David Stalowy,president Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Seminole STATE OF FLORIDA On this 18th day of March , 20 15 before me, the undersigned Notary Public of the State of Florida, personally appeared David Stalowy whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. East Lake Mary Blvd.Reclaimed Water Main Extenstion COMPLIANCE WITH THE PUBLIC RECORDS IFB NO. 14/15-06 LAW AFFIDAVIT 00438-'1 SPECLIB021014 c WITNESS my hand and official seal. He/She is personally known to me or has produced n t� , as identification. YfK_,- CHRISTINA TABOR (Notary Public in and for the County and State Aforementioned) t•: *= MY COMMISSION#FF110291 EX April 7,2018 4/7/18 ...,,..... �� My commission expires: (407)398-0153 FloridallotaryService.com END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extenstion COMPLIANCE WITH THE PUBLIC RECORDS IFB NO. 14115.06 LAW AFFIDAVIT 00435-2 SPECUBD21014 SECTION 00440 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. Central Florida Environmental Corp Name of Bidder 910 Belle Ave,Ste 1040 Winter Springs F132708 407-834-6115 stalzz@aol.com Address of Bidder Phone No. of Bidder Bidder E-Mail Address Bidder's Contractor's License No(s). CGC055230 (As issued by the Florida Dept. Of Business and Professional Regulation Construction Industry Licensing Board) The Bidder is (check one of the following): ( )An Individual ( )A Partnership (X)A Corporation Principal Office Address: 910 Belle Ave,Ste 1040 Winter Springs F1 32708 1. If Bidder is a corporation, answer the following: Date of Incorporation: June 10,1991 State of Incorporation: Florida President's Name: David Stalowy Vice President's Name: David Stalowy 2. If Bidder is an individual or a partnership, answer the following: Date of Organization: Name, Address and Ownership Units of all Partners: Q-AA State whether general or limited partnership: East Lake Mary Blvd.Reclaimed Water Main Extension BIDDER QUALIFICATION AFFIDAVIT 00440-1 SPECLIS110712 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Bidder is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: Yes x NIA 5. How many years has the Bidder been in business as a Contractor under its present name? 24 years 6. Under what other former names has the Bidder operated? N/A 7. How many years experience in construction work has the Bidder had as a Prime Contractor? 24 years 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 Construction Major Construction Name and Contract Items Phone No. Amount Residential Reclaim Seminole Coun ty Dave McBroom II $2,061,861 4"-10"RWM open cut(2070') Retrofit Phase III Environmental Services 407-665-2114 4"-10"RWM directional Drill (25,000') RWM Services(269 ea) Eagle Ridge RWM and City of Groveland Ricky Rodriquez $1,136,653 8"and 12"RWM open cut and Green Valley Wastewater 352-557-1109 jack&bore(10,740'total) Pump Station Reclaimed pump station Wastewater pump station East Lake Mary Blvd.Reclaimed Water Main Extension BIDDER QUALIFICATION AFFIDAVIT 00440-2 SPECLIB110712 Name of Project Name of Owner Owner Contact Construction Major Construction Name and Contract Items Phone No. Amount Pioneer Key Infrastructure City of Ocoee Steve Krug,PE $1,475,000 4"-6"water main(3600'), Improvements 407-405-3170 residential connections(103ea) Phase 11 8"Sanitary Sewer(3700'), service laterals(122ea) Markham Woods Rd Seminole County Dave,McBroom II $480,144 8"-16"WM(1318'), Water Main and Environmental Services 407-665-2114 4"-16"RWM(5360) Reclaimed Water Main 14"-25"Jack&bore(376') East Lake Mary Blvd.Reclaimed Water Main Extension BIDDER QUALIFICATION AFFIDAVIT 00440-3 SPECLIB110712 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). No 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). NO 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): NIA 12. What is the Bidder's bonding capacity? $2.5 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? 1,065,103 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: Endurance Reinsurance Corporation of America Nielson,Mosholder&Assoc. 4380 St Johns Pwky,#110 Sanford,Fl 32771 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 Owners Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). No East Lake Mary Blvd.Reclaimed Water Main Extension BIDDER QUALIFICATION AFFIDAVIT 00440-4 SPECUB110712 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. Central Florida Environmental Corp Name of Bidder 3/18/15 Signature of Authorized Representative (Affiant) Date David Stalowy,president Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Seminole STATE OF FLORIDA On this 18th day of March , 20 15 , before me, the undersigned Notary Public of the State of Florida, personally appeared David Stalowy 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 pers orally kno in-to me or has produced as identification. -_p CHRISTINA TABOR My COMMISSION#FF110291 (Notary Public in and for the County and State Aforementioned) E PI April 7, 2018 (407)398 0163 FhS�taiyService.COm My commission expires. 4/7/18 END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension BIDDER QUALIFICATION AFFIDAVIT 00440-5 SPECLIB110712 SECTION 00450 CERTIFICATION OF NON-SEGREGATED FACILITIES FORM The Contractor certifies that nosegregated facilities are maintained and will not be maintained during the execution Of this contract at any 0f its establishments. The Contractor further certifies that none of its employees are permitted to perform their services at any location under the Contractors control during the |ih3 of this contract where segregated facilities are maintained. The Contractor marbfima further that it will not maintain or provide for its employees any segregated facilities a1 any of its establishments, and that hewill not permit his employees to perform their services at any location, under his oontro|, vvhenm segregated facilities are maintained. As used in this certification, the term "segregated facilities" rnaana any waiting roomo, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing ana2a. parking |oto, drinking fountains, recreation or entertainment anaaa' tnanaportaUon, 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, orotherwise. The Contractor agrees that (except where it has obtained identical certification from pnDpnogd subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the mxvGrd of subcontract exceeding $10,000 and that it will retain such certifications in its files. Central Florida Environmental Corp Signature of Authorized Representative Date Printed or Typed Name and Title of Authorized Representative END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension CERTIFICATION OFNON-SEGREGATED FACILITIES FORM 0D450-1 xpsoum,m`z SECTION 00452 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the space provided, please add a page(s) if additional space is needed. 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? No (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? No (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? No (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. Central Florida Environmental Corp Firm 3/18/15 Signature of Authorized Representative Date David Stalowy,president Printed or Typed Name and Title of Authorized Representative END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension DISPUT S DISCLOSUR FORM 00452-1 sPECUB110712 � SECTION 00454 DRUG FREE WORKPLACE FORM The undersigned, inoccordanoevvithFk>hdoStatUte2U7'O87har8hvoe��eethcdtheoo0pony named below does: ' 1 Publish a statement notifying employees that the un|gvvhu| manufacture, disthbuti0n dimpanming, posaeaaion, or use of a controlled substance is prohibited in the workplace ` and specifying the actions that will be token against employees for violations of such prohibition. 2' |nh»nn ernpk]Veeo about the dangers of drug abuse in the workplace, the business's policy ofmaintaining o drug-free workplace, any available drug counseling. rehabilitation,and Employee aa8imt3nma 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 o copy of the statement specified in item 1' 4' In the ota03nDSnt specified in item 1, notify the employees that, as a condition of working on the commodities or contractual services that ara under bid, the employee will abide by the terms of the statement and will notif«the grnp|D}erof any conviction o[ Or p|eo of guilty or no|o oon&endmne to, anyYio|oUo' of Chapter 893 or of any controlled substance gubotonca |evv of the United States or any etoba' for 'o violation occurring i'-'tha vvorhp|acano 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 connrnunitv bv any mnnp|Oyeewho iesoconvi�ed' `' -' O' Make a good faith effort to continue to maintain a drug-free workplace through implementation of this eaoiiOn' Central Florida Environmental Corp Finn Signature of Authorized Representative Date David Stalowy�president Printed or Typed Name and Title of Authorized Representative END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension DRUG FREE WORKPLACE FORM SPECLIBI 10712 0Q454-1 SECTION 00456 UNAUTHORIZED (ILLEGAL)ALIEN WORKERS AFFIDAVIT The City of Sanford will not intentionally award publicly-funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City of Sanford shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the City of Sanford. The Affiant identified below deposes and states that: 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. _Central Florida Environmental Corp Contractor r 3!18/15 Signature of Authorized Representative (Affiant) Date David Stalowy,president Printed or Typed Name and Title Of Authorized Representative (Aff)ant) COUNTY OF Seminole STATE OF FLORIDA On this 18th day of March , 20 15 , before me, the undersigned Notary Public of the State of Florida, personally appeared_ David Stalowy 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 nersonaRy-known to me or has produced as id�fiifi�^^tine ,,�,.," ' CHRISTINA TABOR _ �ldwUk4l o 3a� *= MY COMMISSION#FF110291 y (Notary Public in and for the County and State Aforementioned) EXPIRES April 7, 2018 (407)39"153 F�DFA6taryservlcexom My commission expires: 4!7/18 END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension UNAUTHORIZED(ILLEGAL) ALIEN WORKERS AFFIDAVIT 00456-1 SPECL18110712 SECTION 00456 UNAUTHORIZED (ILLEGAL)ALIEN WORKERS AFFIDAVIT The City of Sanford will not intentionally award publicly-funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation Of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City of Sanford shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the City of Sanford. The Affiant identified below deposes and states that: 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. Central Florida Environmental Corp Contractor ALIA4-1�> 3/18/15 Signature of Authorized Representative (Affiant) Date David StaloiM president Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Seminole STATE OF FLORIDA On this 18th day of March -' 20 15 , before me, the undersigned Notary Public of the State of Florida, personally appeared David Stalowv whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is personally known to me or has produced as identification. „•.� (Notary Public in and for the County and State Aforementioned) CHRISTINA TABOO! ; .= MY C( S10N#FF110291 My commission expires: 4/7/18 ti EXPIRES April 7, 2013 •°`�`•`••••"' � END OF SECTION 047)338.0153 FloridallotaryService.com t East Lake Mary Blvd.Reclaimed Water Main Extension UNAUTHORIZED(ILLEGAL) ALIEN WORKERS AFFIDAVIT 00456-1 SPECLIS110712 -- , SECTION 00458 E-VERIFY COMPLIANCE AFFIDAVIT Project Name: East Lake Mary Blvd Reclaimed Water Main Extension Bid No.: 14/15-06 The Affiant identified below attests to the following: 1. That the Contractor is currently in compliance with and throughout the term of the above identified project and will remain in compliance with Executive Order 11-02, issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ("E-Verify") System to ensure that all employees of the Contract and the Contractor's subcontractors performing work under the above- listed Contract are legally permitted to work in the United States. 2. Each Contractor that performs work under the Project referenced above shall provide the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating enrollment in the E-Verify Program. 3. The Contractor will register and participate in the work status verification for all newly hired employees of the contractor and for all subcontractors performing work on the above-listed Contract. 4. The Contractor agrees to maintain records of its compliance with the verification requirements as outlined in this Affidavit and, upon request of the any Authority having jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to provide a copy of each such verification to that Authority. 5. That all persons assigned by the Contractor or its subcontractors to perform work under the above identified project will meet the employment eligibility requirements as established by the Federal Government and the government of the State of Florida. 6. That the Contractor understands and agrees that its failure to comply with the verification requirements as set forth herein or its failure to ensure that all employees and subcontracts performing work under the above identified project are legally authorized to work in the United States and the State of Florida constitute a breach of contract for which the City of Sanford may immediately terminate the Contract without notice and without penalty. Contractor further understands and agrees that in the event of such termination, the Contractor shall be liable to the City for any costs incurred by the City as a result of the Contractor's breach. 7. That for the purposes of this Affidavit, the following definitions apply: "Employee"—Any person who is hired to perform work in the State of Florida. East Lake Mary Blvd.Reclaimed Water Main Extension E-VERIFY COMPLIANC AFFIDAVIT 00458-1 SPEC110110712 "Status Verification System" — the procedures developed under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, operated by the Department of Homeland Security and known as the "E-Verify Program", or any successor electronic verification system that may replace the E-Verify Program. Central Florida Environmental Corp Contractor 3/18/15 Signature of Authorized Representative (Affiant) Date David Stalo=,president Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Seminole STATE OF FLORIDA On this 18th day of March , 20 is , before me, the undersigned Notary Public of the State of Florida, personally appeared David Stiowy whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is Personally known to me or has produced as identification. ' �:-•• '��:, CHRISTINA TABOR o�= MY COMMISSION#FF110291 (Notary Public in and for the County and State Aforementioned) EXPIRES April 7,2018 (aa7)3g6ot5s UA6otaryService•com My commission expires: 4/7/18 END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension -V RIFY COMPLIANC AFFIDAVIT 00458-2 SPECL16110J12 SECTION 00460 AMERICANS WITH DISABILITIES ACT AFFIDAVIT By executing this Certification, the undersigned Contractor certifies that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the City of Sanford be held liable for the actions or omissions of the Contractor or any other party or parties to the Agreement for failure to comply with the ADA. The Contractor agrees to hold harmless and indemnify the City of Sanford, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the Contractor's acts or omissions in connection with the ADA. Central Florida Environmental Corp Contractor 3/18/15 Signature of Authorized Representative (Affiant) Date David Stalowy,president Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Seminole STATE OF FLORIDA On this lath day of March , 20 15 , before me, the undersigned Notary Public of the State of Florida, personally appeared_ David Stalowv 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 kno D10-02e or has produced as identification. ' CHRISTINA TABOR (Notary Public in and for the County and State Aforementioned) MY COMMISSION#FF110291 EX April 7' 2018 My commission expires: 4/7/I8 ,L,�7ta�t•ott;3 FtoridatVotaryService.com END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension AMERICANS WITH DISABILITIES ACT AFFIDAVIT 00460-1 SPECLIB110712 SECTION 00420 BID BOND FORM Central Florida KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Environmental Corporation as Principal, and (2) Endurance Reinsurance Corporation of America , as Surety, are hereby and firmly bound unto (3) City of Sanford , as Owner, in the penal sum of(4) Five percent of propsed bid Dollars ($ --5%-- ) 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)_ City of Sanford a certain Bid for(5) East bake Mary Blvd. Reclaimed Water Main Extension , attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) Owner 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. East Lake Mary Blvd.Reclaimed Water Main Extension BID BOND FORM 00420-1 SPECLIB030106SPECLIB052803 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 18th day of March 2015 Central Florida Environmental Corporation ATTEST. Principal By (Principal Officer) By (Signature of Officer) Typed Name and Title Typed Name and Title k IC40 (CORPORATE SEAL) Address "iygep- City, State, Zip Endurance Reinsurance Corporation of America By CBy:--- � rn�ey-in Kelly Phelan, CSR Laura D. Mosholder Typed Name and Title Typed Name and Title 4380 St. Johns Parkway, Suite 110 (SEAL) Address Sanford, FL 32771 City, State, Zip 407-330-3990 407-330-3949 Telephone No. Facsimile No. END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension BID BOND FORM 00420-2 SPECLIB030106SPECLIS052803 ENDURANCE REINSURANCE CORPORATION OF AMERICA BIDR551500021 POWER OF ATTORNEY Xnow adafen 6y these(Present, that ENDURANCE REINSURANCE CORPORATION OF AMERICA,a Delaware corporation(the'Corporation"),with offices at 4 Manhattanville Road 3rd Floor,Purchase,NY 10577,Purchase,New York 10604,has made,constituted and appointed and by these presents,does make,constitute and appoint LAURA D.MOSHOLDER,EDWARD M.CLARK its true and lawful Attorneys)-in-fact,at SANFORD in the State of FL and each of them to have full power to act without the other or others,to make,execute and deliver on its behalf,as surety or co-surety;bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking so made,executed and delivered shall obligate the Corporation for any portion of the penal sum thereof in excess of the sum of SEVEN MILLION FIVE HUNDRED THOUSAND DoliarsIV,5150,000). t Such bondsa_ppd yntli rta�ungs for sa d�p6rposes,when duly executed by said attorney(s)win-fact,shall be binding upon the Corporation as fully and to the same extent as if signed by the Presidenlof the Gt rpora6on underitsycorporate seal attested by its Corporate Secretary. This epgoin i;nti a under and�by aui�only of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the9th of January,2014, a cop¢g wt appears below under the he'affl- entitled'Certificate" This ower of do 'e, ;s gned�nd sealed-,bff csimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written wrisgnt on January 9,,,_fi d said resolution`has not since been revoked amended or repealed: RESOLVED,that in gri"a�nl g mowers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January9,2014, the sigq)aure of sycch directors and officers ar the seat of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile and any such power Qf as tomey or ce cate beanng such(acsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is attacti'_r.�s _-•.`...`�r - ti� This Power of Aitorpgy shalt exPife.ariataI authority hereunder shall terminate without notice at midnight(Standard Timer where said atlomey(s)-in-fact is authorized to act.) NOVEMBER 3,2015 IN WITNESS WHEREOF,the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this4th day of November,2014 at Purchase,New York. (Corporate Seal) ENDURANCE REINSURANCE CORPORATION OF AMERICA ATTEST- GLtt a�x� cf- By C--1 MARIANNE L.WILBERT,SENIOR VICE PRESIDENT SHARON L.SIMS,SENIOR VICE PRESIDENT STATE OF NEW YORK ss:Purchase COUNTY OF WESTCHESTER On the 4th day of November;2014 before me personally came SHARON L.SIMS,SENIOR VICE PRESIDENTto me known,who being by me duly swom,did depose and say that (s)he resides in SCOTCH PLAINS,NEW JERSEY that(s)he is a SENIOR VICE PRESIDENT of ENDURANCE REINSURANCE CORPORATION OF AMERICA,the Corporation described fn and whfch.executed'the�bove instrument that(s)he knows the seal of said Corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation,and that(s)he signed his(her)name thereto by tike order. (Notarial Seaq v t _ :,2 Anie Licari,Notary Public-My Commission Expires 1012912015 CERTIFICATE STATE OF NEW YORK, ss:'Purchase COUNTY OF,WESTCHESTEA' -' 1,CHRISTOPHER DONEL .AN'the PRESIDENT of ENDURANCE REINSURANCE CORPORATION OF AMERICA,a Delaware Corporation(the'Corporatiorij,hereby certify: 1.That the original power of af(omey of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked amended or modified;that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2.The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January9,2014 and said resolutions have not since been revoked,amended or modified: 'RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Corporation any and all bonds,undertakings or obligations in surety or co-surety with others: CHRISTOPHER DONELAN,SHARON L SIMS,MARIANNE L.WILBERT And be it further t_t rttx , RESOLVED.thatpa of Ehefrri�iwduals,gamed above is authorized to appoint attomeysin-fact for the purpose of making,executing,sealing and delivering bonds,undertakings or obligations u� urety^of co-surgty for an ,onbehalf of the Corporation.' 3.The im eWdned further certifies'%al•e6'[fove resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof IN tV T LESS WHEREOF,I have hereunto s t riy hand and affixed the corporate seal this fi?f G� day of j/)i;VC(� 20 5 M�,- �,, (vim (Comte Seal) t r 41 AA CHRISTOPHER DONELAN,PRESIDENT .yt�'r,r�A' .......- �: - _ AAyreytpdtrctions 3fe vad. 500 W(' St Fulton Stl—eet S i nI—d, } t �7 I oi 'Letter f Transmittal' ransmit 1 a l � Phone:407.322.o84 I Date: January 25, 2016 To: MarisolOrdonez City of Sanford Purchasing Dept. Re: East Lake Mary Blvd. Reclaimed Water Main Extension CPH Job No. S06142 WE ARE SENDING YOU THE ATTACHED ITEM(S): NO. OF COPIES DESCRIPTION 1 Notice of Award (Fully Executed Original) 3 Agreement (Signed by CFE 1 Insurance Requirements Section 00618 - Certified by CFE 2 Performance and Payment Bond (One original needs to be returned ha-; per,; filler! in CFE can have the bonds recorded 1 Certificate of Insurance 1 A.M. Best Ratings THESE ITEMS ARE TRANSMITTED AS INDICATED BELOW: X For Your Use For Review and Comment As Requested For Bids Due REMARKS: One original fully executed Agreement and one original of the Performance and Payment Bond needs to be returned so we can send these to CFE. COPY TO: SIGNED: KATRIINA BOWMAN P.E. If enclosures are not as noted,kindly notify us at once. h CD Nielson, Mosholder& Associates p- A member of Nielson&Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford,Florida 32771 (407) 330-3990 y PUBLIC WORKS BOND In compliance with Florida Statutes 255.05(1)(a) d PERFORMANCE BOND BOND NO: 1433 0 Contractor Name: Central Florida Environmental Corporation Address: 910 Belle Ave #1040 0 Winter Springs,FL 32708 Phone No: 407-834-6115 , Surety Company: United States Fire Insurance Company Surety Address: 305 Madison Avenue d CD .� Morristown NJ 07962 Surety Phone No: 973-490-6600 n Owner Name: City of Sanford o� Address: 300 N. Park Ave Sanford FL 32771 Phone No: 407-688-5000 w Obligee Name: °a (if different for property owner) Z Obligee Address: Obligee Phone No: Project Name: East Lake Mary Blvd. Reclaimed Water Main, Sanford, Florida c� Project Location: Seminole County, Florida 0 Legal Description: East Lake Mary Blvd. Reclaimed Water Main, Sanford, Seminole a. County Florida w N v a FILE HUM 2016101002-14 r». cro N w C7� as. err. t. ". ' , Bond 0o. : 1433 SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Central Florida Environmental Corporation (Name of CONTRACTOR) 910 Belle Avenue, Suite 1040, Winter Springs, Florida 32708 407-834-6115 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) o Corporation hereinafter called (Corporation, Partnership or Individual) CONTRACTOR, and United States rice Insurance Company (Name of SURETY) 305 Madison Avenue, Morristown, NJ 07962 973-490-6600 (Address of SURETY) (Phone No. of SURETY) hereinafter called SURETY, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford' Florida 32T71� in the full and just Sum of Seven hundred sevenly-eight thousand nine hundred sixteen and 85/100 DOLLARS ($778,916.85) in lawful money of the United States, for the payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY, 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 THUS OBLIGATION is such that vvhenoao. the CONTRACTOR entered into certain Agreement (including all associated contract documents | i and as the d inne)vvith the QVVNE��, dated the day of — ' copy of which may be hena0z attached, but' in any event, is rnaint9ined in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: East Lake Mary Blvd. Reclaimed Water Main Extension IFB No. 14/15-06 (Name of Project) (Contract No.) The Project is briefly described as: The construction of approximately 8.320-ft of new 12" reclaimed water main along the south side of East Lake Mary Boulevard from the east side of East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605~1 , Cameron Avenue to Brisson Avenue. The majority of the proposed construction consists of horizontal directional drilling of the proposed 12" reclaimed water main. This Bond is being entered into to, at a minimum, satisfy the requirements of Section 255.05, Florida Statutes, and to satisfy the terms and conditions the Agreement. 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 CONTRACTOR: 1. Promptly and faithfully performs all of its duties and responsibilities as well as all of the covenants, terms, conditions, and agreements of said Agreement in its totality, in the time and manner prescribed in the Agreement to the satisfaction of the OWNER, and 2. Pays OWNER all such sums as will be sufficient to satisfy all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees (including, but not limited to, costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by CONTRACTOR under the Agreement), and 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 able to be voided upon demand of the SURETY; otherwise it shall remain in full force and effect. The coverage of this Bond is co-equal with each and every obligation of the CONTRACTOR under the Agreement. In the event that the CONTRACTOR fails to perform any of the terms, covenants or conditions of the Agreement before this Bond is released by the OWNER, the SURETY shall remain liable to the OWNER for all such loss or damage. The SURETY shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expenses enumerated herein with respect to the CONTRACTOR, resulting directly or indirectly from the SURETY's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Bond. The SURETY stipulates and agrees that its obligation under this Bond is to perform the CONTRACTOR's work under the Agreement. The following shall not be considered performance under any circumstance or in any context: (i) SURETY's financing of the CONTRACTOR under the Bond to keep CONTRACTOR from defaulting under the Agreement, or (ii) SURETY's offers to OWNER to buy back the Bond. 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) fully take over performance of the CONTRACTOR's work under the Agreement in a plenary manner and be the completing surety even if performance of the CONTRACTOR's work exceeds the East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605-2 . [ONTRACTOR'a contract price under the Agreement, or (ii) re-bid and re-let the CO work to a completing contractor with SURETY remaining liable for the completing contractor's performance of the CONTRACTOR's work and furnishing adequate and full funds to complete the work inthe required plenary manner. The SURETY acknowledges that its cost of completion upon default by the CONTRACTOR may gomsed the contract phoo mat forth in the /\orearngnt. In any event. the CONTRACTOR |'s Contract Time is of the essence and applicable delay damages are not waived byOWNER. The SURETY` for value rgoeived, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon C)VVNEF1'e pursuit of its remedies against CC}NTR4CT{}R, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY'a knowledge orconsent, orUii\ the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United 8babym of America, as the same may be omendad, or any similar State or Federal |evv' or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement orthe changes therein shall not affect QURETY'a obligations under this Bond and SURETY hereby waives notice of any such changes. Further. CONTRACTOR and SURETY acknowledge that the Gum of this Bond aho|| increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perfonn, comply with or accomplish any such obligation, in whole or part, shall nmt, in any way or to any extent, limit or interfere with the hQh1m and benefits of the OWNER under this Bond. This Bond and any other boOd, or similar docunognt, and the covered amounts of each, are separate and distinct from each other and the {]VVNEFl shall be entitled to the totality of rights and benefits from all such documents. This Bond is intended to omnnp|y, at a mninirnurn, with the requirements of Section 255.05. Florida Statu&*u, as amended, and additionally, to provide common law rights more expansive than as required by statute; provided, hovvever, that the C)VVNEF( shall be entitled to all such common |mw/ rights notwithstanding the language used herein. The SURETY agrees that this Bond shall be construed as o common |mvv bond when such construction will benefit the OWNER. The undersigned signatories represent to the OWNER that they are authohzed, permitted and empowered to execute this document and bind the entity or person for which they are executing this document and recognize that the OWNER is relying, to its dstrinnent, upon the signature set forth below and the napnesentabona, prornimeo, oovenan1o, guarantees and assurances made herein. East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605~3 IN WITNESS WHEREOF, this instrument is executed this the / day of -Jam .d p ATTEST.• CONTRACTOR Central Florida Environmental Corporation CONTRA TOR CONTRACTOR Attesting Authority By: CONTRACTOR Si story Authority David Stalowy- President Typed Name Typed Name and Title 910 Belle Avenue Suite 1040 (CORPORATES AL) Address Winter Springs, Florida 32708 (Witness to NT CTOR) City, State, Zip MIAv 7 I,) `fiI'C As 407-834-6115 407-834-6391 Typed Name Telephone No. Facsimile No. ATTEST.- SURETY See attached power of attorney United States Fire Insurance Company (SURETY) Secretary SURETY 973-490-6600 973-490-6612 Typed Name Telephone No. Facsimile No. (CO PORATE SEAL) Witness as to SURETY Att6ey-n-Fact rn Kelly Phelan Laura D. Mosholder, Attor£3ey'p Fact.k �. Typed Name Typed Name Florida Resident' ta.32tt�� Ci ,— ., 4380 St. Johns Parkway, Suite 110 Witness as to SURPTY Address Natalie Demers Sanford, FL 32771 Typed Name City, State, Zip 407-330-3990 407-330-3949 Telephone No. Facsimile No. East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605-4 ' NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR iso 'joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY'a obligations run mato all such parties. IMPORTANT: Surety companies aneouUnQ bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State mf Florida, unless otherwise specifically approved in writing byOWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fect for execution of Bond on behalf ofSURETY. END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605-5 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: 1433 Contractor Name: Central Florida Environmental Corporation Address: 910 Belle Ave #1040 Winter Springs, FL 32708 Phone No: 407-834-6115 Surety Company: United States Fire Insurance Company Surety Address: 305 Madison Avenue Morristown NJ 07962 Surety Phone No: 973-490-6600 Owner Name: City of Sanford Address: 300 N. Park Ave Sanford FL 32771 Phone No: 407-688-5000 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: East Lake Mary Blvd. Reclaimed Water Main, Sanford,Florida Project Location: Seminole County, Florida Legal Description: East Lake Mary Blvd. Reclaimed Water Main, Sanford, Seminole County Florida ' Bond mo. : 1433 SECTION 00610 PAYMENT BOND KNOW ALL MEN BYTHESE PRESENTS: that Central Florida Environmental Corporation (Name of CONTRACTOR) 910 Belle Avenue, Suite 1040, Winter Springs, Florida 32708 407-834-6115 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation hereinafter called (CorporaUon. Partnership or Individual) CONTRACTOR. and United States Fire Iusnzaooa Company (Name of SURETY) 305 Madison Avenue, Morristown, NJ 07962 973-490-6680 (Address of SURETY) (Phone No. of SURETY) hereinafter called 8URETY, are held and firmly bound unto: the Qb/ of Sanford. the OVVNER, vvhmae address is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Seven hundred seventy-eight thousand nine hundred sixteen and 85/100 DOLLARS ($778,916.85) in lawful money of the United States, for the payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY, 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 vvhenaoa. the CONTRACTOR entered into o certain Agreement (including all associated contract documents ra|obnQ and as the be d d from i -tn-tirno)with the {}VVNER, dated the 37 day of lya,'4aa64�� —. a copy of which may be hereto attached, but, in any event, is maTntained in the recordm'cf the OWNER, said Agreement being hereby made G part hereof by this reference thereto as if fully set forth herein verbatim, said AonaarnenL being entered generally for the construction mt East Lake Mary Blvd. Reclaimed Water Main Extension IFB No. 14/15-06 (Name of Project) (Contract No.) The Project is briefly described as: The construction of approximately 8.3204t of new 12" reclaimed water main along the south side of East Lake Mary Boulevard from the east side of East Lake Mary Blvd.Reclaimed Water Main Extension PAYMENT BOND 00610-1 . , Cernenzn Avenue to BrissVn Avenue. The majority of the proposed construction consists of horizontal directional drilling of the proposed 12^ reclaimed water main. The SURETY ehoU be bound by any and all alternative dispute resolution awards and settlements to the same extent oa CONTRACTOR iobound. N[)VV. THEFlEFCJRE, the condition of this obligation is such that if CONTRACTOR mhoU promptly make payments to all claimants eedefined in Sections 255.O5and 713.01, Florida Statutes, supplying CONTRACTOR with |abor, mnotgria|e, or supplies, used directly orindirectly by CONTRACTOR in the prosecution of the Work provided for in the Agreement, then this obligation ehnU be void; cthanwioe, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05. Florida f;tetutes, as amended as well as for other intents and purposes for the benefit nf the OWNER. 2. Any action instituted by o claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sections 713.23and 713.18. Florida Statutes. 3. Therefore, a c|airnant, except o |aboner, who is not in privity with the CONTRACTOR shall, before commencing to furnish |ebor, nnabyrio|m, or supplies for the prosecution of the vvork, or not later than 45 days after commencing to furnish |abor, rnabahm|a, or supplies for the prosecution of the modv' furnish the CONTRACTOR with o notice that he or she intends to look to this Bond for protection. A claimant who is not in privily with the CONTRACTOR and who has not received payment for his or her |abor, materials, or supplies ahoU deliver to the CONTRACTOR and to the SURETY written notice of the performance ufthe labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the vvmrh or thereafter but not before 45 days after the first furnishing of labor, eervicaa, or mnmteha)s, and not later than BO days after the final furnishing of the |abor, aervioeo, or nnoterio|a by the claimant or, with respect to nantm| equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Claimant ehmU 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 |abor, materials or supplies may be instituted against the CONTRACTOR or the SURETY on the bond after one year from the performance of the labor or completion of the delivery of the materials orsupplies. 4. The SURETY, for value namaivad, hereby obpu|obas and ognaeo that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OVVNER'e pursuit ofits remedies against CONTRACTOR, ehmU remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the @UR|ETY's knowledge or consent (ii) waivers of compliance with or nay default East Lake Mary Blvd.Reclaimed Water Main Extension PAYMENT BOND 00610-2 under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement 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, CONTRACTOR 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. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. 6. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. IN WITNESS WHEREOF, this instrument is executed this the A day of ATTEST.- CONTRACTOR Central Florida Environmental Corporation CONT TOR CONTRACTOR Attesting Authority By: CONTRACTOR Signatory Authority David Stalowy- President Typed Name Typed Name and Title 910 Belle Avenue Suite 1040 (CORPORATES AL) Address Winter Springs, Florida 32708 (Witness to ON ACTOR) City, State, Zip , y)S�1'\\& 407-834-6115 407-834-6391 Typed Name Telephone No. Facsimile No. East Lake Mary Blvd.Reclaimed Water Main Extension PAYMENT BOND 00610-3 ATTEST: SURETY See attached power of attorney United States Fire Insurance Company (SURETY) Secretary SURETY 973-490-6600 973-490-6612 Typed Name Telephone No. Facsimile No. (CORPORATE SEAL) y ' ,r+ 'r By: Witness as to SURETY Afforney,-in-Fact h 1 psJ Kelly Phelan Laura D. Mosholder, Attorney 1.n �actt w, Typed Name Typed Name Florida Resident 'AgOni ' ,••' 4380 St. Johns Parkway, Suite 110 '' •,,,,,,,,,,, '`' 'tness as to SUR)L&FY Address Natalie Demers Sanford, FL 32771 Typed Name 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 venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. The SURETY's obligations run as to all such parties. 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 Bond on behalf of SURETY. END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension PAYMENT BOND 00610-4 UNIT EI3STAEFtit INSURANCE COMPANY \ ' PRINCIPAL Oi ki-4613 iSTOWN,NEW JERSEY KNOW ALL'MAN BY PRESENTS Shat United States Fire Insurance Company a ci�xanan iuJy organized and existing under the laws of the ; state of Delaware,has made; onstihfied'ar4it pointed,and does hereby make,constitute appoint. \; D "i6shalde EdW.4 rd,,N Clark Stan Oliuer Laura \ a\ each,its true and lawful AtjoiT ey( In Faet,,with full power and authority hereby conferred m its, a e,dace and stead,to execute,acknowledge and deliver Any and all bonds and uade s ofsux ty other documents that the ordinary purse sz surety bnsmess inay require,and to bind United Stated Fip Insurance Company#herelas fully and tae saltte•t xtent as if such bands or undertakings had been duly executed and acknowledged by the regulaiy elected officers of United States 1 are lnsn9Q C�ittpany at its principal office. in amounts or penalties`not ezceeding.Seven Million,Five Hundred Thousand' T►ullars 7,5l)%00_ y v �vv vv \�Ahts oftt�c ruby limits the act of those named there tome bonds artdttertakings specifically named thereinand they 1ve n0'a tority to bind iJnited' tates Vice lrisurance Company except in the mannerand to'the exten€therem stated. This Power of Attorney r"okes alf)af&.jour P6,*6o of Attorney issued'on behalf of the Otto neys n Fact nom tl above and expires on January 2016 This Power of Attorney s�gtante,,`On'sua t to Article IV of the By-Laws of United Mates File ltistiriin Company as now in full force and Act, and� consistent with Article III thereof,which Articles provide in pertinent part `` �`Artiele� �E e anon of Instruments-Except as the bard�of Vic tors ni ?�sutharize by resolution,the Chairmart,of the Board,President, Vice-Pi indent,any Assistant Vice President thi` ecre�ry or an Assistant Secretary shall have power on beliaif of the:C�rpi3ratab t: {a) to execute,afx the ccrrate seal Manually or by facsimile to,acknowled ,weri�y and�Ielver any contraots,obligations,instruments and documents who eve;n ecmne t£Qh t its business including,without ntitm me fo�egomW any bonds,guarantees;undertakings, recognizances,power, Of a r tey:pr relocations of any powers of attorney,siipulatioias,;Ifolicies of insurance,deeds, leases,mortgages, releases,satisfactions and agency agreements; `uitonE\,zia writing,one or more pelsiine for nnyc or ail owe pu� entianed in the preceding paragrhph{a) tneiudin auig e Article ITIe C3fficers� Sectiou ii Tacsimile Signatures. The signature of ail officer,authoried by tiiejCorporation to sign any bonds guarantees underlings fogalzaa�e�s pipulations,powers of attorney or revpeaons of atty potvrs Pia#orney and policies of instizance issued by the CorpOration''za�ay)Se pz tiled,facsimile,lithographed or Otherwise tctduceti ,#ri addiciotl,if and as authorized 6y the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another m form, may be signed by the facsimile ti\ signat re of si natures, lithographed or otherwise pruduce d�of such officer or officers of the Corporation as fioi i tirtie to time tliay,be \ aurorrzed to irgri;such instruments on behalf of ticsoiiolato# #1rCotioration may continue to use for tiiurposes herein stated,fhe fassiriilignatiire of any person or persons who shat have` en such oe%r or officers Of the Corporation,nottvsthstandin the fact•tiaat he suay have ceased to be such at the time when such instruments shall lac issued. IN WITNESS H12E3ivJm Sta#ePi T range Company has caused these preseatfs s Ise signed a:i1 attested by its appropriate officer and its corporate seal hereunto aft thxtikday�ofust,2015. ,< y UNITED STA'S'ES FIR'91NS RANCE COMPANY ot J_ ? ,.. ut ., ji , E � O ���� Anthony It Slim atvicz,'Senior arse President State of New Jersey) ��,�` � �A ., `K y v County of Morris tt the,S#i daY of August,2015 before me.a Notary public, me.Stat�,of Nv Jersey,came the above named officer of United States dire Insurance Company,to ills rst> ally\I;nriwn to be the individual and officer dtQril ed Iterei ? lid�e 3rtrlyiedged that he executed the foregtsing 3nstnimeztt antl a#fi ed the seal of v� nit S s nelhsuranee Company thereto by the'autho tyof hxa SONIAASCALA Cam. " i I t1 AtL1 UBI 1 tIE�`*,JERSEY Sonia Scalar ` {Notary Public) Al iiS tl N,1`xP3R 3/25/2019 l y: L the undersigned officer of i7nited'Stao es� ,Insurance Company,a Delaware corporation,da kiereby certify that the original Power of Attorney of which the fteg vts a fu}i,,true and correct col 1�1`6 anti eff t atkttiias t been revoked. M� #i, SS WHEIt OF,I Xt4l reuntcr�t rt nt ffircod the corporate seal of United States T ize Tnsurarice Cortipan on tie day of > 20 . . ., may_ ' LTNLTEb STATES FIRE INSURANCE CO;i" arws� A: Ai Wright,Senior Vice resident �� # Id