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2001 - Vecellio & Grogan, Inc. IFB 17/18-39
TO: City Clerk/Mayor RE: 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 ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance Deputy City Manager ❑ 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: Li.v� 13ojadkz.i jw From SharePoint_Finance_Purchasing_Forms - 2018.doc Date CITY OF S.k�4FORD FINANCE DEPARTMENT SECTION 00605 PERFORMAV"'-- anmn (100% of Cor GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT 8, COMPTROLLER CFN# 2018129048 Bk:9248 Page -265-276 (12Pgs) REC: 11/14/2018 8:19:40 AM by hd*evore KNOW ALL MEN BY THESE PRESENTS that: RECORDING FEES $103.50 Vecellio & Grogan, Inc (Name of CONTRACTOR) PO Box 2438 Beckley, WV 25802 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 304-252-6575 a Corporation (Corporation, Partnership, or Individual) hereinafter Galled "Principal", and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square Hartford, CT 06183 (Address of Surety) Surety's Telephone Number: 860-277-0111 hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of OneHundred Sixty -Eight — Thousand Five Hundred TwentyThree DOLLARS ($ 168,523 _) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100%) of the Contract Price. CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATIN N' A such that whereS, th P i iRal entered into a certain Agrejernent with CITY, dated the day of _C,00M 20 1 & a copy of which is hereto attached and made a Ilart hereof for the construction of: 1FB 17/18/39 Starke Parke Pedestrian Bridge The Project is located (Provide Legal Description. If in R/W, provide address or general location): 1720 W 5th Street Sanford, FL General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for construction of two pedestrian bridges at IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 00605-1 PERFORMANCE BOND (100% of Contract Price) CD UJ CITY OF FINANCE DEPARTMENT Starke Park. This Performance Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statues, and the Agreement referenced above, as the same may be amended. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited, to the guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement; and 2. Pays CITY all liquidated damages, losses, damages, delay damages, expenses, costs, and attorneys' fees, including costs and attorneys fees on appeal that CITY sustains resulting from any breach or default by Principal under the Agreement then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part, except that the coverage of the Performance Bond is limited to one hundred percent (100%) of the Contract Price. In the event that the Principal shall fail to perform any of the terms, covenants, and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to CITY for all such direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and costs on appeal) resulting from any failure to perform, up to one hundred percent (100%) of the Contract Price and for indirect damages as determined by CITY up to an additional twenty percent (20%) over the adjusted Contract Price. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold CITY harmless from any and all loss, damage, cost, and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder up to one hundred percent (100%) of the Contract Price. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under this Performance Bond. The following preventative options by the Surety are encouraged; however, preventative options shall not be considered under this Performance Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents; and (ii) Surety's offers to CITY to buy back this Performance Bond. The Surety agrees that its obligation under this Performance Bond is to: (i) take over performance of the Principal's work and be the completing Surety even if performance of the Principal's work exceeds the adjusted Principal's Contract Price; or (ii) re -bid and re -let the Principal's work to a completing contractor with Surety remaining liable for the completing contractor's performance IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 00605-2 PERFORMANCE BOND (100% of Contract Price) CITY OF 01 "g, o I FINANCE DEPARTMEmrx NT of the Principal's work and furnishing adequate funds to complete the work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by CITY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon CITY's pursuit of its remedies against Principal; however, such obligation shall only arise upon a declaration of default of the Principal and shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by CITY and Principal without Surety's knowledge or consent; and (ii) the discharge of Principal as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar State or Federal law, or any limitations of the liability of Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any such changes. However, in the event Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement and Contract Documents are executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be notified by CITY of such increased by CITY, and the Principal shall be required to increase the sum of this Performance Bond to be commensurate with the increased Contract Price. The Surety's liability to CITY shall not be reduced should CITY directly purchase for the purpose for Sales Tax Recovery certain components and materials to be utilized in the work done by the Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain fully liable and bound to CITY for the full compliance with the Contract Documents and full performance and function and all warranties of all components and materials, notwithstanding the fact that CITY may issue deductive Change Orders and directly purchase such items. This Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. IN WITNESS WHEREOF, this instrument is executed this 6):�:l day of ,20 A TTES T. PRINCIPAUCONTRACTOR Vecellio & Grogan, Inc P R: .1 CONTRACTOR By: Secretary By: OONTRACTOR Sig 16`tory Authority", IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 00605-3 PERFORMANCE BOND (100% of Contract Price) ;vna� N � �►; %esIrE DEPARTMENT L.L. Gwinn Typed Name of Secretary (COR RATE SEAL) �L kb�' — (Witness to CONTRAC R) Amanda Morgan Typed Name (Witness to CONTRACTOR) hydwMH Deborah Mooney Typed Name Matthew A Farley, Vice President Typed Name and Title PO Box 2438 Address Beckley, WV 25802 City, State, Zip 304-252-6575 Telephone No (Surety Signature Page Follows) IFB 17118-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 00605-4 304-252-4131 Facsimile No. PERFORMANCE BOND (100% of Contract Price) 0 FINANCE DEPARIMENT A TTES T. (SURETY) Se-cretary U0 Richard L Higginbotham Typed or Printed Name Typed o rinte Na :r/,, We S as to -Witne as toSUREW Lisa G Asbury Typed or Printed Name SURETY Travelers Casualty and Surety Company of America SURETY By: t, I -- William D Phelps Typed or Printed Name 4w Attorney -in -Fact 4 Title lL 447 Montreal Avenue Address Melbourne, FL 32935 City, State, Zip 321-254-9625 321-988-0209 Telephone No. Facsimile No. NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If CONTRACTOR is a Partnership, all partners shall execute this Performance Bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by CITY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attomeys-in-fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM END OF SECTION 00605-5 PERFORMANCE BOND (100% of Contract Price) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELER51 St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William Phelps of Melbourne, Florida their true and lawful Attorney -in -Fact tosign, execute, seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. gSanw. Y ApaB Y 6 HARTFM, .i MAN- CONK MAL State of Connecticut By: City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. in My Commission expires the 30th day of June, 2021 �rr QJk-R. (. ��nAtl1 0* �`�p ,t Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 27th day of August , 2018 t'��ry ®�a�YY Ary,dN c Cal ODWL VA 4T ?� Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. _„yyYikpjp, CITY OF FINANCE DEPARTMENT SECTION 00610 PAYMENT BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Vecellio & Grogan, Inc (Name of CONTRACTOR) PO Box 2438 Beckley, WV 25802 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 304-252-6575 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square Hartford, CT 06183 (Address of Surety) Surety's Telephone Number: 860-277-0111 hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park Ave., Sanford, Florida 32771, hereinafter called "CITY", in the sum of OneHundred Sixty -Eight Thousand Five Hundred Twenty Three DOLLARS ($ 168,523 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATI N ' such that w teas, t�rin entered into a certain Agreement with CITY, dated the day of , 20� a copy of which is hereto attached and made a part hereof for tale COnS ruction of. IFB 17/18/39 Starke Parke Pedestrian Bridge The Project is located (Provide Legal Description. If in R/W, provide address or general location): 1720 W 5th Street Sanford, FL General description Of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for construction of two pedestrian bridges at Starke Park. IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 00610-1 PAYMENT BOND (100% of Contract Price) CITY OF 0 MAL FINANCE DEPARTMEN r NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject; however, to the following conditions: 1. This Payment Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as same may be amended. 2. It is a specific condition of this Payment Bond that a claimant's right of action on this Payment Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not limited to, the one (1) year time limitation within which suits may be brought. 3. This Payment Bond is conditioned that CONTRACTOR shall promptly make payments to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the prosecution of the work provided for in the Agreement. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish CONTRACTOR with a notice that (s)he may look to this Payment Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his/her labor, materials, supplies, or rental equipment within ninety (90) days after final furnishing of the labor, services, materials, or equipment by claimant, deliver to CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the materials or supplies. 4. Any changes in or under the Agreement or Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Payment Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the sum of this Payment Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement or Contract Documents. This Payment Bond shall not cover any components or materials directly purchased and paid for by CITY pursuant to Sales Tax Recovery. 5. The Performance Bond and this Payment Bond and the covered amounts of each are separate and distinct from each other. This Payment Bond shall be construed as a statutory Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond. IN WITNESS WHEREOF, this instrument is executed this day o , 20 Ir 4 A TTES T. IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM PRINCIPAUCONTRACTOR Vecellio & Grogan, Inc PRINCIPAL / CONTRACTOR 00610-2 PAYMENT BOND (100% of Contract Price) CITY OF SikNFORD FINANCE DEPARIMENT 5-y—secre aiy� L.L. Gwinn Typed Name of Secretary Amanda Morgan Typed Name ANANOXWX Deborah Mooney Typed Name By: dq(NTRACT0R Signay Authdrity,"' Matthew A Farley, Vice President Typed Name and Title PO Box 2438 TIT re M - Beckley, WV 25802 City, State, Zip 304-252-6575 304-252-4131 Telephone No (Surety Signature Page Follows) IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 00610-3 Facsimile No. PAYMENT BOND (100% of Contract Price) parr CITY OF FINANCE DEPARTMENT A TTES T. (SURETY) Secretary Richard L Higginbotham Typed or Printed Name Robin H Sherrod Typed o IPrinted W'e s 'a' itn s aifo"SURET'K-1- Lisa G Asbury Typed or Printed Name SURETY Travelers Casualty and Surety Company of America SURETY By: William D Phelps Typed or Printed Name Attorney -in -Fact Title 447 Montreal Avenue Address Melbourne, FL 32935 City, State, Zip 321-254-9625 321-988-0209 Telephone No. Facsimile No. NOTE: Date of this Payment Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a Partnership, all partners shall execute this Payment Bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by CITY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attomeys-in-fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM END OF SECTION 00610-4 PAYMENT BOND (100% of Contract Price) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William Phelps of Melbourne, Florida their true and lawful Attorney -in -Fact tosign, execute, seal and acknowledge any and all bonds, recog nizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. ip!Lmf� VA CONK State of Connecticut By:_�ccr'' City of Hartford ss. Robert L. Raney, Sefiror Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a My Commission expires the 30th day of June, 2021 ��--�Au>L it 'R`�y ,t Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 27th day of August , 2018 �!0A4�% _%`4gq 44p�61 ,cv+ Av*,F 11 COWL COWL a+b.p i 14 k a4�, Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached, Obligee Address Obligee Phone No. Contract No. (If Applicable) Project Name Starke Park Pedestrian Bridge Project Location 1720 W 5th Street Sanford, FL Legal Description and Street Address IFB 17/18/39 Starke Parke Pedestrian Bridge 1720 W 5th Street Sanford, FL Description of Work construction of two pedestrian bridges at Starke Park FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that May be preprinted thereon. BOND DEPARTMENT PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a) Bond No. 106958979 Contractor Name Vecellio & Grogan, Inc Contractor Address PO Box 2438 Beckley, WV 25802 Contractor Phone No. 304-252-6575 Surety Company Travelers Casualty and Surety Company of America Surety Address One Tower Square Hartford, CT 06183 Surety Phone No. 860-277-0111 Owner Name City of Sanford Owner Address 300 N Park Ave Sanford, FL 32771 Owner Phone Number 407-688-5028 Obligee Name (If contracting entity is different from the owner, the contracting public entity) Obligee Address Obligee Phone No. Contract No. (If Applicable) Project Name Starke Park Pedestrian Bridge Project Location 1720 W 5th Street Sanford, FL Legal Description and Street Address IFB 17/18/39 Starke Parke Pedestrian Bridge 1720 W 5th Street Sanford, FL Description of Work construction of two pedestrian bridges at Starke Park FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that May be preprinted thereon. DATE: 10/04/18 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 12472 TO: VECELLIO & GROGAN INC P 0 BOX 2438 BECKLEY, WV 25802 PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681C-8 PO NUMBER 036136 CHANGE #: 1 DATE CHG: 12/11/18 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD, FL 32772 SHIP TO: CITY OF SANFORD 800 FULTON STREET SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/18 NET/30 ACCOUNT NO.: SEE BELOW PROJECT NO.: NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST &�Y9c9cic9:ic�t9c9c9cirir*4r�c4r4c��Y5Y�+c9cic4c�Yici:rF3ric4cicir * CHANGE ORDER 1 CONSTRUCTION SERVICES - 29825.00 NA 1.00 29825.00 PEDESTRIAN BRIDGE REMOVAL AND REPLACEMENT IN STARKE PARK LOCATED AT 1720 W 5TH STREET CITY COMMISSION APPROVED 9/10/18 2 SEE LINE ITEM NO. 1 FOR 138698.00 NA 1.00 138698.00 DETAILS/CHANGING PROJECT CODE PER CHIEF ACCOUNTANT JT 12.11.18 (MO)... SUB TOTAL 168523.00 TOTAL 168523.00 ----------------=----------------- EQ/ACCT DATE REQ. BY ----------- ----- PR ------- JECT ------- -------- AMOUNT -------- ---------------------------------- 000066728 09/18/18 ROBERT BEARL )000066728 ---------------------------------- ---------- ----- SW 140 9825.00 0240455416300 6728 12/11/18 MORDONEZ/J SON T SW 141 1 8698.00 0240455416300 ---------------------------------- ----------- ----- ------- -------- 5P APPROVED Bk. APPROVED BY: PURCHASING A E CITY NAGER All packages and Invoices applicable to this P.O. must bear this P.O. Number. The Vendor shall compIV with all specified and referenced herein before and after. Any attempts to insert language to change these terms and conditions are hereby rejected and will be resolved in favor of the City of Sanford. Standard terms and conditions hereby incorporated into this purchase order may be found at http://www.sanfordfl.gov/index.aspx?page=879 Terms and conditions applicable to P.O.'s and at Additional Terms and conditions http://www.sanfordfl.gov/index.aspx?page=883 DATE I0/04/I8 PURCHASING OFFICE: wvamoamm ACCOUNTS PAYABLE: *nr.oaxuoun FACSIMILE: 407.688.5021 VENDOR NO.: 12472 TO: VECELLID & GlO{AN INC I` O BOX 2438 BECI[LECl[, WV 35802 PURCHASE ORDER PO NUMBER 035I36 CITY OFSANFORD P.O.BOX 17O8 (3O0NORTH PARK AVENUE) SUBMIT INVOICES TO: ACCOUNTS PAYABLE SANFORO'FLORIDA 32772 FINANCE DEPT. FLORIDA TAX EXEMPT wn.:unuo,uno1o»1u'a p.o.BOX 1roo oAwrono'pLnunu SHIP TO: CITY OF 8JNFOBD 800 FDLTCN STREET SJQNFOID], l7I' 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 1 09/30/18 NET/30 66728 ACCOUNT NO.: 402-4045-541.63-00 PROJECT NO.: SWO140 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 1 CONSTRUCTION SERVICES - 168523.00 NA 1.00 168523.00 PEDESTRIAN BRIDGE REMOVAL AND REPLACEMENT IN STARKE PARK LOCATED AT 1720 W STH STREET CITY COMMISSION APPROVED 9/10/18 SUB -TOTAL 168523.00 TOT),L 168523.00 APPROVED Y: APPROVED 4U R CNH A'! I N All packages and Invoices applicable to this P.O. must bear this P.O. Number. The Vendor nhd|'d ied and c, mply with all s if referenced herein before and after. Any attempts tninsert language tuchange these terms and oon6��7����hon�byrejected and will be resolved in favor of the City of Sanford. Standard terms and conditions hereby incorporated into this purchase ordermaybofnundathttp:8vvxvw.ounfordf.gov/indax.oupx?paQo=873 Terms and conditions applicable to P.O.'a -v l crry tav F I NANCE 0V ARTMU" SECTION 00520 AGREEMENT FORM PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the fo day of , by and between the City of Sanford Florida, 300 North Park Avedue, 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 Vecellio & Grogan, Inc , whose principal and local address is 2251 Robert C. Byrd Dr, Beckley, WV 25801, hereinafter referred to as to as the "CONTRACTOR". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section 00520 - Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00010-1 of the Project Manual) includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Project. 3. Addenda Applicable to the Bid 4. Contractor's Bid, 00410. 5. Performance Bond, 00605. 6. Payment Bond, 00610 7. Material and Workmanship Bond, 00615. 8. Trench Safety (Executed Form), 00430 9. Non Collusion Affidavit, 00432 10. Conflict of Interest Affidavit, 00434 11. Public Entities Crime Affidavit, 00436 12. Compliance With the Public Records Law Affidavit, 00438 13. Bidder Information and Affidavit, 00440 14. Receipt of Exempt Public Records and Agreement to Safeguard (If Required for Project by City), 00442 IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-1 � 0 t I O, tea.=e 15. Certification Of Non -Segregated Facilities (Executed Form), 00450 16, Disputes Disclosure (Executed Form), 00452 17. Drug Free Workplace (Executed Form), 00454 18. Unauthorized (Illegal) Alien Workers Affidavit, 00456 19. E -Verify Compliance Affidavit, 00458 20. Americans With Disabilities Act Affidavit, 00460 21. Financial Information (Executed Form) (If Required by City), 00462 22. Criminal Background Check Requirements (If Required for Project by City), 00525 23. Insurance Certificate(s), 00618 24. Notice of Award, 00510 25. Notice to Proceed, 00530. 26. Consent of Surety to Final Payment (Executed Form), 00617. 27. Contractor's Application for Payment (Executed Forms), 00625. 28. Certificate of Substantial Completion, 00626. 29. Certificate of Final Completion, 00627. 30. Contractor's Partial Release of Lien (Executed Forms), 00640. 31. Subcontractor's Final Release of Lien (Executed Form), 00641. 32. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 33. Contractor's Release of Lien (Executed Form), 00645. 34. Project Field Order (Executed Form), 00940. 35. Work Directive Change (Executed Form), 00945. 36. Change Order (Executed), 00950. 37. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Documents. B. Scope of Work The Contractor shall perform all Work required by the Contract Documents for the construction of the Starke Park Pedestrian Bridge (IFB 17/18-39). C. Contract Time The Contractor shall begin Work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the Work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is 200 calendar days. 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 IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-2 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,000.00 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the Work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth ('/4) of the rate set forth above. E. Contract Price Lump Sum Contract The Owner will pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order, the Total Contract Lump Sum Price of One Hundred and Sixty Eight Thousand Five Hundred and Twenty- three Dollars ($168,523.00). Payments will be made to the Contractor based on the Schedule of Values included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein, and subject to completion of the Work, in accordance with the Contract Documents. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this Project is 10%, to be held by IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due .lune 28, 2018 @ 2:OOPM 00520-3 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 GAI Consulting, Inc., referred to in the documents as the Engineer. Additional Terms and Conditions 1. The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and/or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals/bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and/or service providers to provide the same goods and/or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and/or service providers for CITY projects. The CITY reserves the right to select which goods and/or services provider shall provide goods and/or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods/services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he/she/they is/are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, IFB 17118-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-4 whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and/or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and/or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and/or services to be provided and/or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and/or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or Work sites, 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, IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-5 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 00525 concerning criminal background check requirements of the employees of the Contractor and Subcontractors. e. In the event employees of the Contractor and Subcontractor do not qualify to Work on the Project due to A) Failure to have the required criminal background check reports submitted to the City by the FDLE; or B) Unsatisfactory background check reports on employees; then those employees will be disqualified by the City, and those disqualified employees will not be allowed to Work on the Project. Disqualification of employees to Work on the Project is a non -excusable delay to the Contract for which the City will not grant a Contract Time extension. 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 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. e. 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 IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-6 out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and/or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and/or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and/or services referenced in an invoice. 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; IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-7 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: Bilal Iftikhar, P.E. Public Works / 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 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. IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-8 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific Work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and/or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and/or services under this Agreement may be suspended by the CITY at any time. IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-9 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, 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. IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-10 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. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. The CONTRACTOR shall submit a report to the CITY within twenty- four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-11 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. 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. IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-12 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 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 199, 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. IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-13 all 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 /NA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and/or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the Work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and/or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and/or services under IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-14 A this Agreement and date of final payment for said goods and/or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and/or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and/or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the 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. IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-15 73. The CONTRACTOR shall coordinate the provision of goods and/or services and Work product of any CITY approved subcontractors, and remain fully responsible for such goods and/or services and Work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-16 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 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. IFB 17118-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-17 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. K. Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests. In order to comply with Section 119.0701, Florida Statutes, public records laws, the CONTRACTOR must: Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service. 2. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-18 �CIfY OG reDran rvARTMENT FO RD %, CITY in a format that is compatible with the information technology systems of the CITY. 5. If the CONTRACTOR does not comply with a public records request, the CITY shall enforce the contract provisions in accordance with this Agreement. 6. Failure by the CONTRACTOR to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY. the CONTRACTOR shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession of the CONTRACTOR and shall promptly provide the CITY with a copy of the CONTRACTOR's response to each such request. 7. The CONTRACTOR shall note the following: IF THE CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, HOUCHINT@SANFORDFL.GOV. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Vecellio & Grogan Inc Name of,Firm By (Signature) Printed Name and Title ATTEST: fnlzillg Date By (Signature) Printed Name and Title (SEAL) IFB 17/18-39 Starke Park Pedestrian Bridge AGREEMENT FORM Due June 28, 2018 @ 2:OOPM 00520-19 MUM ilk I A Name of Own By (Signature) Jeff Tri plett , Ma or Printed Name and Title ATTEST: / ft FINANCE MPARTMENT Date Wl+�IRMU(c qlo-�R By (Signature) Date Traci Houchin,�Citv Clerk Printed Name and Title Approved as to form and legal sufficiency. gel William L. Colbert Date City Attorney END OF SECTION 1FB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 @ 2:OOPM 00520-20 VV6 AGREEMENTFORM O - � a O O O O O O y 4 69 69 69 69 � E� 69 o � v L 0 O G r O W 0 O 0 O 0 0 0 0 0 0 0 O > Cl O O O O O 69 69 69 6A V •u to ; ` _ 9 `o_ '.V Pa pp OO O O O 0 O 0 O 0 R N y,$ a z 609 � Z, b09 „.52 eq •G7 c`s Lyr •Ci o o a o C V I'D O 0 OC2" 0 O 0 a U`o CY5 p� e# r o 0 0 rON s Lalrq 20 0p ai �pa� A U e4 Gnw C = is bq bq .= E y >C g c zoo N O Ci m 0 0 0 0Lnw en y o q N W O 69 0 69 0 69 0 6 9 W U _ En 72 n cn cn cn Cl) � o o E a c v E V V O 0 O 0 0 0 00 0 0 O o Cq c o o b 609 Off) 609 609cq '. •� _ c � •ry C7 U 69 69 � < � P A C E E CJ •Vi ,; v � o 'LS CCS rti G .� "ji O O o o -0 4 O G tdh Oo Oo Oo o c (�! 00 H GCC b N 609- 609- 0�- 1T N o v c N 0 00 �i o O 6R Ffi a o n Q 000 N Cd > N tt 000 40W M o ch Q W a o 0 c E a A F n CS 0 o 0 0 9 0 o 60s 609 609 609 en ` 0 42 W MUS FwW T � � � a c o o � hA u v W 0 7- v L a a � U z p W U s s z LL z U daY� w w z _ a � Wz � 5 ° x'a O Form e (Rev. November 2005) Department of the Treasury Internal Revenue Service Request for Taxpayer Give form to the Identification Number and Certification requester. Do not send to the IRS. cv Name (as shown on your income tax return) Vecellio & Grogan, Inc. Business name, If different from above i3 w o IndividuaU Check appropriate box: ❑ Sole proprietor © Corporation o � Address (number, street, and apt. or suite no.) a = 2251 Robert C. Byrd Dr. 0 City, state, and ZIP code Beckley, WV 25801 Ust account numbers) here (optionaq u� Taxpayer Identification Number (TIN) ❑ Partnership ❑ Other P ❑ Exempt from backup withholding Requester's name and address (optional) Enter yourTIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident ► ► ( ► ► alien, sole proprietor, or disregarded entity, see the Part i instructions on page 3. For other entities, it is your employer Identification number (EIN). If you do not have a number, see Now to get a 77N on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guldelines on whose Employar tdontffication number number to enter. 1515+0131415181410 Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (ncluding a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TiN. (See the instructions on page 4.) SignSIg - -. - Here is 10 Purpose of Form A person who is required to file �iinormation return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you ' o An individual who is a citizen or resident of the United States, s A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or is Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S, owner of a disregarded entity and not the entity, IV. Cat. No. 10231X Form W-9 (Rev. 11-2005) ACC>RV CERTIFICATE OF LIABILITY INSURANCE DATE(MM10D1YYYY} 8/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Friedlander Company 1566 Kanawha Blvd. E. Charleston WV 25311 CONTACT NAME: Richard Hi inbotham PKONE FAX 304-357-4520 Arc No): 304-345-8724 ADOR`Ess: rhigginbotham@fdediandercompany.com INSURER(SI AFFORDING COVERAGE NAIL # Y INSURER A: Travelers Indemnity Co 25658 CO -58078217-18 INSURED V&00001 Vecellio & Grogan, Inc. P. 0, Box 2438 INSURERS: Charter Oak Fire insurance 25615 INSURER C: Travelers Property & Casualty 25674 INSURER D. Indian Harbor insurance Co. 36940 Beckley WV 25802 INSURER E. St Paul Surplus Lines 30481 INSURER F : Travelers Insurance 25674 COVERAGES CERTIFICATE NUMBER: 1614511274 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JNSR LTR TYPE OF INSURANCE AODL SUER POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y CO -58078217-18 4/112016 4112019 EACH OCCURRENCE $1,000,000 1 CLAIMS -MADE E X , OCCUR w a A PREMISES occurrence $ 500_000________. MED EXP (Any oneperson) $ 10,000 X Contractual Liab _ PERSONAL 8 ADV INJURY $1,000,000 X Includes XCU GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,006 . POLICY (� PRO- x JECT ��J LOC PRODUCTS-COMP1pPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y CAP -58079186 -IND -18 41112018 4112019 COMEaBINED SINGLE LIMIT S i OOO 000 accCtde_ntl BODILY INJURY (Per person) S X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ — PR GE $ tPer acddeni X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ i C X UMBRELLA LIAB X OCCUR Y CUP_W7B198-18 4fir2O18 411/2019 EACH OCCURRENCE $ 5,000.000 AGGREGATE $ 5,000.000 EXCESS LIAB CLAIMS -MADE DEO I X I RETENTION $ $ F WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORJPARTNERIEXECUTIVE a OFFICERIMEMBEREXCLUDED7 N ! A UB -63390458.18 4112018 41IM19 }( STATUTE ER E.L. EACH ACCIDENT $ 1000.000 (Mandatory In NH} E.L. DISEASE - EA EMPLOYEE S1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000.004 It describe under DESCRIPTION OF OPERATIONS below Di, D POLLUTIONCPL744602402 41112018 4112019 $2.000,000 E PROFESSIONAL N ZCO-16NI5749 4112015 4112019 55,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Per Project Aggregate applies when required by written contract Additional Insured Status applicable as required by contract (Primary and Noncontributory when required) Waiver of Subrogation applicable when required by contract 90 days Notice of Cancellation subject to Policy Terms and Conditions IFS 17118-39 Starke Park Pedestrian Bridge City of Sanford PO Box 1788 300 N. Park Avenue ATT'N: Purchasing Mgr Sanford FL 32771 'IT-190IR a R-1iILei IZ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE T4 , - 14;� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD VENDOR INFORMATION ,s ;'' , Remittance Name Vecellio & Grogan, Inc. Address 20 Box 2438 City Beckley Tel 304.252.6575 P.O. Box or Street Address State WV Zip 25802 Fax: 3 0 4 .2 5 2. 4131 Contact L. L. Email lgwinn@vecelliogrogan.com Federal I.D. No. 55 - 0345840 Social Security No. - Name on Checks Vecellio & Grogan, Inc. Required with all SSN Display Purchase Order Information Vendor Name Vecellio & Grogan, Inc. Address PO Box 2438 VENDOR #-ia7)?L Gwinn P.O. Box or Street Address City Beckley State wV Zip 25802 Country USA Tel 304.252.6575 Fax 304.252.4131 Contact L.L. Gwinn Email Icrwinn@vecelliogrogan.com Web Address www.vecelliocrrogan.com Display Vendor Bid Information Vendor Name Vecellio & Grocran, Inc. Address PO Box 2438 P.O. Box or Street Address City Beckley State WV Zip 25802 Tel 304.252.6575 Fax 304.252.4131 Contact Andy Jenkins Email address Andy. Jenkins @vecel 1 iogrogna. com Web Address www.vecelliogrogan.com NOTE: ALL VENDORS MUST COMPLETE AND INCLUDE A W-9 FORM, COPY ATTACHED NOTE: COMPLETION INSTRUCTIONS: Clear copies, incomplete forms will not be accepted. Please complete these forms and return by either FAX or Mail to address or FAX number as instructed by the requesting individual: Fax No. Attention FOR CITY OF r FORD USE ONLY: MUST have signature and de artment! i Requested By.'.'"i Dept/Div Date ------------------ Febntary19,2009---- -"----------------------------------------------- -- ------ FOR CITYSTAFF USE ONLY: DESCRIBE WHAT THIS VENDOR IS GOING TO HE USE FOR: PLEASE USE THE H.T.E. SYSTEM TO GET THE COMMODITIES AND SUB COMMODITIES WRITE THE NUMBERS BELOW THAT PERTAIN(S) TO THIS VENDOR. PLEASE SUBMIT THIS WITH YOUR VENDOR FORM. INCOMPLETE FORMS WILL BE FORWARDED TO THE APPRORIATE DEPARTMENTS. THANK YOU, PURCHASING DEPARTMENT. COMMODITY SUB -COMMODITY City of Sanford, Florida INSURANCE REQUIREMENTS OUTLINED BELOW APPLICABLE TO CONTRACTS FOR SERVICES WHEN THE CONTRACTOR PERFORMS ON OR OFF CITY PREMISES • LP -11012: When contract cost exceeds $500,000; exceeds 180 days and unusual hazards exist Outline of Requirements: *It is noted that builder's risk, garage keepers and garage liability is not required unless applicable conditions exist. If clarification is needed the Contractor must request clarification Contract Contract does Contract does Exceeds not Exceed not Exceed COVERAGE REQUIRED $500,000,180 $500,000,180 $26,000, 30 days days and days and no and no unusual unusual hazards unusual hazards exist exist hazards exist Employers Employers Employers Workers' Compensation Liability Liability Liability $1,000,000 $500,000 $500,000 *Certificates of exemption are not acceptable in lieu of workers Each Accident Each Accident Each Accident compensation insurance $1,000,000 $500,000 $500,000 Disease Disease Disease $1,000,000 $500,000 $500,000 Commercial General Liability shag include- Bodily injury liability, $ 3,000,000 Per $1,000,000 $ 500,000 Per Property Damage liability, Personal Injury liability and Occurrence Per Occurrence Occurrence Advertising injury liability Coverages shall include: Premises! $3,000,000 $1,000,000 $500,000 Operations, Products/Completed Operations; Contractual liability, General General General Independent Contractors, Explosion; Collapse; Underground. Aggregate Aggregate Aggregate When required by the City, coverage must be provided for sexual harassment, abuse and molestation $1,000,000 $1,000,000 $ 500,000 Per Comprehensive Auto Liability, CSL, shag include "any auto" or Combined Single Combined Occurrence shall include all of the following: owned, leased, hired, non -owned Limit Single Limit $500,000 autos, and scheduled autos. $1,000,000 $1,000,000 General General General Aggregate Aggregate Aqgregate Professional Liability (when required) $1,000,000 $1,000,000 $1,000,000 Minimum Minimum Minimum Builder's Risk (when required) shall include theft, sinkholes, off 100% of 100% of 100% of site storage, transit, installation and equipment breakdown. completed value completed completed value Permission to occupy shall be included and the policy shall be endorsed to cover the interest of all parties, including the City of of additions and value of of additions and Sanford, all contractors and subcontractors structures additions and structures structures $3,000,000 $1,000,000 $500,000 Aggregate: No Aggregate: No Aggregate: No per Garage Keepers (when required) per vehicle per vehicle vehicle maximum maximum maximum preferred preferred preferred $3,000,000 $1,000,000 $500,000 Combined Single Combined Combined Single Garage Liability (when required) Limit Single Limit Limit $3,000,000 $1,000,000 $500,000 General General General Aggregate Aggregate Aggregate *It is noted that builder's risk, garage keepers and garage liability is not required unless applicable conditions exist. If clarification is needed the Contractor must request clarification from the City of Sanford Purchasing Office. Vendor, Contractor, bidder shall provide, to the City of Sanford "City," prior to commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Any work initiated without completion of this requirement shall be unauthorized and the City will not be responsible (Ref: items 17 and 18, standard terms and conditions included with City of Sanford Purchase Order). 1 The City reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the project, conditions and exposure. Certification Terms and Conditions: It is noted that the City has a contractual relationship with the named vendor, contractor or provider (collectively referred hereinafter as Contractor) applicable to a purchase order, work order, contract or other form of commitment by the City of Sanford, whether in writing or not and has no such contractual relationship with the Contractors insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the City to meet all contractual obligations and expectations of the City. Further, as the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the City will expect relief from the Contractor. • The insurance limits indicated above and otherwise referenced are minimum limits acceptable to the City. Also, all contractor policies shall to be considered primary to City coverage and shall not Contain co-insurance provisions. • All policies, except for professional liability policies and workers compensation policies shall name the City of Sanford as Additional Insured,. • Professional Liability Coverage, when applicable, will be defined on a case by case basis. • In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. • All limits are per occurrence and must include Bodily Injury and Property Damage. • All policies must be written on occurrence form, not on claims made Form, except for Professional liability. • Self insured retentions shall not be allowed on qny liability coverage. • In the notification of cancellation: The City of Sanford shall be endorsed onto the policy as a cancellation notice recipient. Should any of the above described policies be cancelled before the expiration date thereof, notice shall be delivered to the City of Sanford in accordance with the policy provisions. • All insurers must have an A.M. Best rating of at least ANIL • It is the responsibility of the Prime Contractor to ensure that all Subcontractors retained by the Prime Contractor shall provide coverage as defined herein before and after and are the responsibility of said Prime Contractor in all respects. • Any changes to the coverage requirements indicated above shall be approved by the City of Sanford, Risk Manager • Address of "Certificate Holder" is: City of Sanford; Attention: Purchasing Manager; P.O. Box 1788 (300 N Park Avenue); Sanford, FL 32771 Phone: 407.688.5028/5030 FAX: 407.688.5021 All certificates of insurance, notices, etc. must be provided to the above address. Certification: The Undersigned accepts and agrees to meet all of the insurance coverage requirements, terms, conditions and certification(s) stated herein before and after and further agrees to maintain and provide the designated coverage during the life of the identified document. Also, when the coverage requirements stated herein before and after are specifically referenced by applicable solicitation, purchase order or contract document, those terms, conditions and coverage requirements are incorporated into that document as if fully set forth in verbatim Vecellio & Grogan, Inc. L.L. GW u rized Signature Printed Name V/ 3 /Ig Date Secretary & Treasurer Title SECTION 00530 NOTICE TO PROCEED FORM TO: Vecellio & Grogan, Inc. 1200 Elboc Way, Winter Garden, FL 34 DATE: October 10, 2018 PROJECT: Starke Park Pedestrian Bridge Project You are hereby notified to commence WORK in accordance with the Agreement dated September 10, 2018. This Notice authorizes the CONTRACTOR to commence construction, and, in accordance with the Agreement, all work shall be substantially complete no later than May 28, 2019. The date of Final completion is June 27, 2019. ISSUED BY: City of Sanford, Florida (Name of OWNER) Z An� By (Signature) 6�2tzi (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by Vecellio & Grogan Inc. this 10th day of October, 2018. lz L 6cloi?44 6�e Printed Name and Title END OF SECTION 00530-1 W off FINANCE DEPARTMENT SECTION 00615 MATERIAL AND WORKMANSHIP BOND (10% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Vecellio & Grogan, Inc (Name of CONTRACTOR) PO Box 2438 Beckley, WV 25802 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 304-252-6575 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square Hartford, CT 06183 (Address of Surety) Surety's Telephone Number: 860-277-0111 hereinafter called "Surety", are held and firmly bound unto CITY of SANFORD, 300 N. Park Ave., Sanford, Florida 32771, hereinafter called "CITY", in the sum of ten percent (10%) of the Contract Price as adjusted under the Contract Documents. The Final Contract Price is $-168,523 , therefore Principal and Surety are held and firmly bound unto CITY the sum of Sixteen -Thousand Eight -Hundred Fifty -Two DOLLARS ($ 16,852 ) , in lawful money if - the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with CITY, dated the day Of 20 , a copy of which is hereto attached and made a part hereof for the construction of Stare Park Pedestrian Bridge Principal is obligated to protect the CITY against any defects resulting from faulty Materials or Workmanship of said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents, which is 230 calendar days The conditions of this obligation are such that if Principal shall promptly and faithfully protect the CITY against any Defects resulting from faulty Materials and Workmanship of the aforesaid improvements for a period of two (2) years from the date of Final Completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 1#111:111411 MATERIAL AND WORKMANSHIP BOND (10% of Contract Price) FINA E ►.• The CITY shall notify the Principal in writing of any Defect for which the Principal is responsible and shall specify in said notice a reasonable period of time within which Principal shall have to correct said Defect. The Surety unconditionally covenants and agrees that if the Principal fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from CITY, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof, including, but not limited to engineering, legal and contingent cost. Should the Surety fail or refuse to correct said Defects, the CITY, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies against the Principal and Surety and either, both at law and in equity, including specifically, specific performance to which the Principal and Surety unconditionally agree. The Principal and Surety further jointly and severally agree that the CITY at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Principal shall fail or refuse to do so, and in the event the CITY should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the CITY the total cost thereof, including, but not limited to, engineering, legal and contingent cost, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects. (Signature Pages Follow) 1FB 17118-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 00615-2 MATERIAL AND WORKMANSHIP BOND (10% of Contract Price) SCITY OF ORD FINANCE DEPARTMENT IN WITNESS WHEREOF, this instrument is executed this day o 20 A TTES T. By. etary L.L. Gwinn Typed Name of Secretary (CORPORATE SEAL) 111 MeRE I Amanda Morgan Typed Name (Witness to CONTRACTOR) se Mom * �6- Typed Name PRINCIPAUCONTRACTOR Vecellio & Grogan, Inc PRINCIP LCONTRACTOR By: CONTRACTOR Sign ory Authority Mathew A Farley, Vice President Typed Name and Title PO Box 2438 Address Beckley, WV 25802 City, State, Zip 304-252-6575 304-252-4131 Telephone No. Facsimile No. (Surety Signature Page Follows) IFB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:OOPM 00615-3 MATERIAL AND WORKMANSHIP BOND (10% of Contract Price) FINANCE DEPARTMENT A TTES T. (SURETY) Secretary Richard L Higginbotham Typed or Printed Name Typed orprinted Na e '-Witn* as toSURE Lisa G Asbury Typed or Printed Name SURETY Travelers Casualty and Surety Company of Ameerica RUM -111 By: William D Phelps Typed or Printed Name Attorney -in -Fact Title 447 Montreal Avenue Address Melbourne, FL 32935 City, State, Zip 321-254-9625 321-988-0209 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by CITY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Aftomeys-in-fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of Surety companies must list their name, address, and telephone number on all Bonds. 1FB 17/18-39 Starke Park Pedestrian Bridge Due June 28, 2018 at 2:00PIVI END OF SECTION 00615-4 MATERIAL AND WORKMANSHIP BOND (110% of Contract Price) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William Phelps of Melbourne, Florida their true and lawful Attorney -in -Fact tosign, execute, seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. v@ £9w COWL g ;y C4NAi. State of Connecticut City of Hartford ss. Robert L. Raney, Se rfi Ior Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a My Commission expires the 30th day of June, 2021 mU11s R. C * �Ar� tk Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 27th yyp� day of August 2018 �1%10""'iY `,8ttY ANpt v 4•i'em - u 0M CONK SM Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached