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2108 IFB 17/18-42 Cloud Branch III Side StreetV004 4 F{ O t �AIF�PMARTMENT F 14 TO: City Clerk/Mayo RE: � P,, � --I � 19 W1 The item(s) noted below is/are attached and forwarded to your office for the following action(s): R Development Order R Mayor's signature F] Final Plat (original mylars) F] Recording F] Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager F] Performance Bond F] Payment Bond Resolution ❑ City Manager Signature City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: Fj Return originals to Purchasing- Department ❑ Return copies Special Instructions: L -i P13ojadbzi4eAr From SharePoint—Finance—Purchasingjorms - 2018.doc k kq Date CITY OF 0FINANCE DEPARTMENT SECTION 00520 PART 1 GENERAL 1.01 THIS AGREEMENT, made and entered into the f day of by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER") and All Terrain Tractor Service Incorporated, 949 Shadick Drive, Orange City, Florida, 32763, hereinafter referred to as to as the "CONTRACTOR". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Section 00410 Contractor's Bid. 2. Section 00432 Non Collusion Affidavit 3. Section 00434 Conflict of Interest Affidavit 4. Section 00436 Florida Public Entities Crime Affidavit 5. Section 00438 Compliance With the Public Records Law Affidavit 6. Section 00440 Bidder Qualification Affidavit 7. Section 00450 Cert. Non -Segregated Facilities 8. Section 00452 Disputes Disclosure 9. Section 00454 Drug Free Workplace Affidavit 10. Section 00456 Unauthorized (Illegal) Alien Worker Affidavit 11. Section 00458 E -Verify Compliance Affidavit 12. Section 00460 ADA Affidavit 13. Section 00462 Financial Information (Executed Form) (If Required by City). 14. Section 00463 Florida Trench Safety Act Statement 15. Section 00510 Notice of Award 16. Section 00520 Executed, Agreement Form. 17. 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. 18. Section 00530 Notice to Proceed AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-1 CITY OF S,ki4F0FJ) 0 FINANCE DEPARTMENT 19. Section 00618 Insurance Certificate(s) 20. Section 00625 Contractor's Application for Payment (Executed Forms). 21. Section 00626 Certificate of Substantial Completion 22. Section 00627 Certificate of Final Completion 23. Section 00940 Project Field Order (Executed Form). 24. Section 00945 Work Directive Change (Executed Form). 25. Section 00950 Change Order (Executed). 26. Addendum Receipt Acknowledgement Certification 27. Organization Information 28. Proposed Scheduled of Subcontractors Participation 29. 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 lF13 17/18-42 Cloud Branch Phase III- Side Streets, 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 150 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 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $ 1000.00 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-2 SCITY OF ORD FINANCE DEPARTMENT CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth (%) of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of $147,407.87. Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end; the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10%, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. I. Engineer The Project has been designed by GAI Consulting, Inc. referred to in the documents as the Engineer. J. Additional Terms and Conditions AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00620-3 CITY OF SORD FINANCE DEPARTMENT 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, 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. AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-4 eu 1FINANCE DEPARTMENT 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and/or services to be provided and/or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and/or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty-eight (48) hours of the CITY's written request for such information. This information will be reviewed, screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and/or work sites. d. The CONTRACTOR shall comply with Section 2-67 of the Sanford City Code as it relates to security screenings of private contractors and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning in a position critical to the security and/or public safety of the CITY by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: 1) Fingerprinting in accordance with the CITY's pre-employment procedures; AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-5 FINANCE DEPARTMENTt. 4 2) Submission of the fingerprints to the Florida Department of Law Enforcement for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation for a national criminal history evaluation. e. Such confidential information shall be used by the CITY to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and/or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City Commission to be critical to the security and/or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and/or licenses they shall not be allowed to work or continue to work in such critical positions. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and/or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his/her/its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and/or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and/or services furnished under this Agreement. 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. AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-6 CITY OF � SORD FINANCE DEPARTMENT 14. Time is of the essence in the performance of all goods and/or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and/or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his/her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement. 22. The City Manager, or his/her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Jeff Davis, Project Manager AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase 111— Side Streets 00520-7 0 CITY OF SANFOR.D FINANCE DEPARTMENT City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and/or services provided by the CONTRACTOR is/are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and/or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 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 AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-8 0 CITY OF Sa�4ORD FINANCE DEPARTMENT (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and/or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and/or services under this Agreement may be suspended by the CITY at any time. 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and/or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and/or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. AGREEMENT 520 IFB 17118-42 Cloud Branch Phase 111— Side Streets 00520-9 0 CITY OF SANF0RD FINANCE DEPARTMENT 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and/or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. C. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. 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 AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase 111— Side Streets 00520-10 CITY OF S�� ORD FINANCE DEPARTMENT indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. The CONTRACTOR shall submit a report to the CITY within twenty-four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-11 0 CITY OF SANFORD FINANCE DEPARTMENT 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self-insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 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 AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-12 CITY OF S01M FINANCE DEPARTMENT 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 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and/or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and/or services are provided to the CITY after the CONTRACTOR has obtained, at its sole AGREEMENT 520 IFB 17118-42 Cloud Branch Phase III — Side Streets 00520-13 CITY Of SANFORD FINANCE DEPARTMENT 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 conflict of interest in the performance employee or other person during the otherwise related to, this Agreement or others to violate the provisions of Part 111 relating to ethics in government. any action that would create a of that actions of any CITY course of performance of, or which would violate or cause Chapter 112, Florida Statutes, 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and/or services under this Agreement and date of final payment for said goods and/or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and/or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and/or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the 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. AGREEMENT 520 IFB 17118-42 Cloud Branch Phase III — Side Streets 00520-14 CITY OF S�vFORD FINANCE DEPARTMENT 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and/or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and/or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 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. AGREEMENT 520 IFB 17118-42 Cloud Branch Phase III — Side Streets 00520-15 CITY OF SoxW FINANCE DEPARTMENT Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 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 AGREEMENT 520 IFB 17118-42 Cloud Branch Phase III — Side Streets 00520-16 CITY OF S�� ORD FINANCE DEPARTMENT State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. 95. Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Request. In order to comply with Section 119.0701, Florida AGREEMENT 520 IFB 17118-42 Cloud Branch Phase 111— Side Streets 00520-17 CITY OF SORD FINANCE DEPARTMENT Statutes, public records law, the Contractor must: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform service. 2. Provide the public with access to public records in 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 we exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by laws. 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 be provided to the 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 provision in accordance with this Agreement. 6. Failure by the CONTRACTOR to grant such public access and comply with public records request 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 not the following IF THE CONTRACTORIVENDOR 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 N. PARK AVENUE, SANFORD FLORIDA 32771, E-MAIL: TRACI.HOUCHINC&__SANFORDFL.GOV (Agreement Execution page follows) AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase 111— Side Streets 00520-18 OF PFINANCE DEPARTMENT IP IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: 5 Name of Firm ignature) Date Printed Name and Title ATTEST: C/111� 0/ A/ Af By (Signature) Date S r e— f (-:. C Printed Name and Title OWNER: Name of Ow By (Signat ej`A ) Date Jeff Triplett, Mayor Printed Name and Title ATT7 )L By (Signature) AMIAr ate Traci Houchin, City Clerk Printed Name and Title Approved as to �m LC-616erf— Date Att rney 77P//L':� p'/- 6-)tvo F END OF SECTION AGREEMENT 520 IFB 17/18-42 Cloud Branch Phase III — Side Streets 00520-19 (SEAL) City of Sanford ( Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 CITY OF Phone: 407-688-5028. or 5030 Fax: 407-688-5021 SArrF ORD FINANCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00410 BID FORM PART 1 GENERAL r 1.01 Description ' The following Bid, for the 1 Cloud Branch Phase III - Side Streets- IFB 17/18-42 is hereby made to 121 City of Sanford, hereafter called the Owner. This Bid is submitted by 131 ""4en-C v-1 ccx c -4c t- S em -,r t c.r_ 's�►-.c . �i-k 9 a d t ck.- ^ - �+-ar�► G:% t � -t to v v:v • v �� Loci, o < 14nn a a1,l cu.n-'r,rca c c-Sr�ry �:.. c.o4+ (1) Name of Project as shown in the Invitation for Bids (2) Avner (3) Name, address, and telephone number and email address of Bidder 1.02 The Undersigned: A. See Addendum Receipt Acknowledgement Certification. B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 60 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders and to accomplish the work in accordance with the Contract Documents. 4. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the work within 150 calendar days of the date and final completion 180 days later making a total of 30 days of the Notice to Proceed. S. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. D. Certifies that by affixing its signature below, neither the bidder nor the principals of the bidding entity are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with any federal, state or local department or agency. The City reserves the right to reject any bid from a debarred or suspended bidder and/or from an entity whose principals are so debarred or suspended. SECTION 00410 Pagel of 4 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE lv'Failure to submit this form may be grounds for disqualification of your submittal'® City of Sanford I Finance Department I Purchasing Division',',' ORD 300 N. Park Avenue Suite 236, Sanford, Florida 32771' ANCITY Of Phone: 407-688-5028 or 5030 ( Fax: 407-688-5021 SIA�:ZrTF FINCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS 1.03 Bid Schedule The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Lump Sum Bid Price inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. A. The bid; Lump Sum of: ��nl-u�r�_ Y (written words) Amount (USD) S Measurement of Payment conforming to Article 14 of the General Conditions. (Intentionally left blank) WWW SECTION 00410 Page 2 of 4 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE ,v -Failure to submit this form may be grounds for disqualification of your submittal" Rev 04/2018 City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 CITY OF SORD Phone: 407-688-5028 or 5030 Fax: 407-68&5021 ' A�NF FINANCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT Im I TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00410 BID FORM Uwe, the undersigned, as authorized signatory to commit the firm, do hereby accept in total all the terms and conditions stipulated and referenced in this IFB document and do hereby agree that if a contract is offered or negotiated it will abide by the terms and conditions presented in the IFB document or as negotiated pursuant thereto. The undersigned, having familiarized him/herself with the terms of the IFB documents, local conditions, and the cost of the work at the place(s) where the work is to be done, hereby proposes and agrees to perform within the time stipulated, all work required in accordance with the scope of services and other documents including Addenda, if any, on file at the City of Sanford Purchasing Division for the price set forth herein in Bid Form Section 00410 sub -section 1.03(A) "Bid Price" and Acceptance -of Bid Terms and Conditions. The signature(s) below are an acknowledgment of my/our full understanding and acceptance of all the terms and conditions set forth in this IFB document or as otherwise agreed to between the parties in writing. Name: Address: �L Telephone Number: I40 • QL\I:i• (IR loci Fax Number. 3$%o - Z % • tPR -1 C7 E-mail Address: *Y1e�',r �vvyt t i0;c—Ago, \ CC? .. CAw 1 FEIN: 8(P-\Nk0M0 t Authorized Signatory Title c STATE OF Y7\ br\&0 COUNTY OF VOW_%� 0 - The foregoing instrument m "Zywyy .S T'. Lxro cam, p�glla ore or affirmed tha( personally known)o me OR has prl mes -S-. &oL 3c Printed Name y, Date Date executed Aefore, me, this __a day of is authorized to execute this document and thereby bind the as identification. Rev 04/2018 0__W, by dint. who and who is MALL el NOTARY PUBLIC, State of 010 y2 9 c - SECTION 00410 Page 3 of 4 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE -Failure to submit this form may be grounds for disqualification of your submittal's P� •�i MELISSA R. TOMPKINS F i ��Y Notary Public - State of Florida Commission # FF 199807 It (stamp) e; %N9F O� My Comm. Expires Fab 15, 2019' , Bonded through National Notary Assn. i; Rev 04/2018 0__W, by dint. who and who is MALL el NOTARY PUBLIC, State of 010 y2 9 c - SECTION 00410 Page 3 of 4 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE -Failure to submit this form may be grounds for disqualification of your submittal's City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 CITY OF Phone: 407-688-5028 or 5030 ( Fax: 407-688-5021 SANFORI) FINANCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00410 "BID FORM" B. *Note: The bid must be submitted on this document as provided by the solicitation. 1.04 Miscellaneous Requirements and Affirmations A. Bids must be on the Bid Form. (Submit 1 original and 2 copies of your response including the attachments listed in item B) B. I have attached the following required fully executed forms to this Bid: 1. Section 00432 - Non Collusion Affidavit 2. Section 00434 - Conflict of Interest Affidavit 3. Section 00436 - Public Entities Crime Affidavit 4. Section 00438 - Compliance With the Public Records Law Affidavit 5. Section 00440 - Bidder Qualification Affidavit 6. Section 00450- Cert. Non -Segregated Facilities 7. Section 00452- Disputes Disclosure 8. Section 00454 - Drug Free Workplace Affidavit 9. Section 00456 - Unauthorized (Illegal) Alien Worker Affidavit 10. Section 00458 - E -Verify Compliance Affidavit 11. Section 00460 - ADA Affidavit 12. Section 00463 - Florida Trench Safety Act Statement 13. Section 00618 - Insurance Requirement 14. Attachment "A" Addendum Receipt Acknowledgement Certification 15. Attachment `B" Reference 16. Attachment "C" Organizational Information 17. Attachment "D" Proposed Scheduled of Subcontractor Participation 18. Financial Information - If requested by the City 1.05 S-UrB-MITTED, signed and sealed this Li day of jyc--,—Q'�fJj• Co ctor -c / ignature) Date Printed Name an Title 01401 �kAr3►ick br. Business Address r� G 32-74b (CORPORATE SEAL) City ate Zip Code ATTEST: (by Company Officer) f Bey+, (,_Signature) Date Printed Name and Title SECTION 00410 Page 4 of 4 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE ®-Failure to submit this form may be grounds for disqualification of your submittal -O City of Sanford I Finance Department I Purchasing DivisionIs 300 N. Park Avenue Suite 236, Sanford, Florida 32771 S CITY OF ORD Phone: 407-688-5028 or 5030 Fax: 407-688-5021 4 SA►IV'F FINANCE DEPARTMENT PROJECT MANUAL ONETIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00432-1 Non Collusion Affidavit The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal: 2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal; 4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Sanford or any person interested in the proposed Contract. N 1i Bidder The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individual signing this document. e ,crc. (\ I'm i C -c. , Ttirnc.. . Siure of Authorized Representative (Affiant) Date I Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF to 1,uL%i STATE OF FLORIDA On this l g day of 3- tJ n -p— _,20 /f( 'before me, the undersigned Notary Public of the State of Florida, personally appeared amts i• cy-a •.1 fir-, whose name(s) is/are subscribed to the within instrume t he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal I1 /She is ersonall known o me or has produced, as identification. oj�ar'p�'� MELISSA R. TOMPKINS C- �i - "� �� Notary Public State of Florida I: (Notary Public in and for the Coun nd St to Aforementioned) SEAL � a ; 4 )� Commission # FF 199807 r -7-11S S 1 '-syr ¢�� My Comm. Expires My commission expires: 'aFro Pres Fab 15. 2619 f. 4t" O Bonded through National Notary kssn. ' END OF SECTION 00432 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE ®'Failure to submit this form may be grounds for disqualification of your submittal- City of Sanford I Finance Department ( Purchasing Division ANFO300 N. Park Avenue Suite 236, Sanford, Florida 32771 SIm CITY OF ORD Phone: 407-688-5028 or 5030 � Fax: 407-688-5021 FINANCE DEPARTMENT PROJECT MANUALONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III —SIDE STREETS 11 SECTION 00434 Conflict of Interest Statement �� -�- Com,. A. I am the Y 1� - Prf-S:1atyVL of �� t�l�0.t A �rCti�-� W V1 LIL, with a local office in [Insert Titi ts� Insert Company Name `1 g Slr+ariick. "pr gl 3.'� > y I �t'[til9kGU,�'`1;'� .and. principal office in 9� �%n,"ick--QY• B. The entity hereby submits an offer to IFB 17/18-42, Cloud Branch Phase III -Side Streets. C. The AFFIANT has made diligent inquiry and provided the information in this statement affidavit based upon its full knowledge. D. The AFFIANT states that only one submittal for this solicitation has been submitted and tendered by the appropriate date and time and that said above stated entity has no financial interest in other entities submitting a proposal for the work contemplated hereby. E. Neither the AFFIANT nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion or collusive activity, or otherwise taken any action which in any way restricts or restraints the competitive nature of this solicitation, including but not limited to the prior discussion of terms, conditions, pricing, or other offer parameters required by this solicitation. F. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise prohibited from participation in this solicitation or any contract to follow thereafter by any government entity. G. Neither the entity nor its affiliates, nor anyone associated with them, have any potential conflict of interest because and due to any other clients, contracts, or property interests in this solicitation or the resulting project. H. I hereby also certify that no member of the entity's ownership or management or staff has a vested interest in any City Division/Department/Office. I. I certify that no member of the entity's ownership or management is presently applying, actively seeking, or has been selected for an elected position within City of Sanford government. J. In the event that a conflict of interest is identified in the provision of services, I, the undersigned will immediately notify the City in writing. By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided herein Conflict of Interest Statement, is truthful and correct at the time of submission. FIANT SIGNATURE Type 1, Name oftte AFFIANT Title STATE OF C\t1t4,q- COUNTY OF V C —%kc , The regoing instrument was executed before me this l � day of_ VA �. , 20 �'' by J ameA -T. CX0,01 as 14i u— �-S14 e.x\t of A l l —re— f1r C, i ^ -rr Rev 0412018 R or affirmed th t h she is authorized to execute this document and thereby bind the Corporation, and who is t m has produced as identification. MELISSA R. Ttof to Notary Public -Staate e of Florida Commission # FF 199807 [tse" C My Comm. Expires Feb 15, 2019;'` NOTARY PUBLIC, State of F-10 d4 - Bonded through National Notary Assn, it AND SUBMIT WITH YOUR IFB RESPONSE ®'Failure to submit this form may be grounds for disqualification of your submittal -0 City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 clrr of SORDPhone: 407-688-5028 or 5030 Fax: 407-688-5021 A►NF' FINANCE OEPARTMENr PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III —SIDE STREETS SECTION 00436 Public Entity Crimes Statement SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES: THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. A. This sworn statement is submitted with Bid, or Contract Number IFB 17/18-42, titled, Cloud Branch Phase III- Side Streets. B. This sworn statement is submitted byA11 0.t 11 __1 11401' SV-y)tkP. , whose business address is q [Name of,yntity submitting sworn statement] S 1>r 'calnAe. }" . E r "A�'!t rs and (if applicable) it's Federal Employer Identification Number (FEIP) is - XkLo aC�03 j (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: C. My name is J wry% �• CXOLZ , �iI^ and my relationship to the above is lcS1 . [Please print name of individual signing] D. I understand that a "public entity crime" as defined in section 287.133(I)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. E. I understand that "convicted" or "conviction" as defined in section 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contenders. F. I understand that "affiliate" as defined in section 287.133(1) (a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. G. I understand that a "person" as defined in section 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The tern "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. H. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate with a check mark (✓) which statement applies]. Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who is active in the management of the entity, nor any affiliate of the entity have been convicted of a public entity crime subsequent to July 1, 1989. City of Sanford J Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 CITY OF SORD Phone: 447-688-5028 or 5030 Fax: 407-688-5021 Ar� FINANCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III —SIDE STREETS The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989, AND [Please indicate which additional statement applies]. There has been a proceeding concerning the conviction before a judge or hearing officer of the State of Florida, Division of Administrative Hearings, or a court of law having proper jurisdiction. The final order entered by the hearing officer or judge did not place the person or affiliate on the convicted contractor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted contractor list. There has been a subsequent proceeding before a court of law having proper jurisdiction or a judge or hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the judge or hearing officer determined that is was in the public interest to remove the person or affiliate from the 7convi ted contractor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on any convicted vendor list. [Please describe any action taken by or pending with the State of Florida, Department of Management Services.] By the signature(s) below, Uwe, the undersigned, as authorized signatory to commit the firm, certify that the information as provided herein Public Entity Crimes Statement, is truthful and correct at the time of submission. AFFIANT SIGNATURE :�" 7-- Grog Typed Name of AFFIANT give. PrestAe TL Title STATE OF GOVA lit— COUNTY OF Vib\txS10.r ers ally swore or affirmed tb know► to me OR has produced 201k; by execute this document and thereby bind the Corporation, and who i ersonall as identification. otn¢YPC r MELISSA R TOPa1PKINS �'j NOTARY PUBLIC, State of ice' Notary Public. State oP Florida 1` t (stamp) tt Commission # FF 199607 1NT r G< L•: � �y MY Comm. Expires Fab 15, 2019 Bonded through National Notary Assn.,;} END OF SECTION 00436 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE m"Failure to submit this form may be grounds for disqualification of your submittaYw City of Sanford I Finance Department I Purchasing Division A 300 N. Park Avenue Suite 236, Sanford, Florida 32771 S(\1 CITY OF ORD Phone: 407-688-5028 or 5030 Fax: 407-688-5021 ,NF FIMNCEDEMTMENr PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers/Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity which pages/paragraphs of their bid/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City harmless in the event we are forced to litigate the public records status of the Bidders documents. Bidder of Authorized Representative (Affiant) �. CV-0Lz Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF "Ik STATE OF FLORIDA Date On this k �, day of -Tu ilt C , 20 1 k . before me, the undersigned Notary Public of the State of Florida, personally appeared-Touy%" "" C,0,0 . whose name(s) is/are subscribed tc�k withiry' and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal H /She is ersorjjy„jLppy to me or has produced as identification. Q,�-- r �tiI ,,tUP, MELISSA R. TOMPKINS r' (Notary Public in and for the County and State Aforementioned) SEAL t! ;:` ` : Notary Public - State of Florida My commission expires: .� i 5' (S i N Commission ;E FF 199807 fi' Fe i ;,o�� My Comm. Eglres Feb 15, 2012' Bonded through National I1,otaryNsst:., END OF SECTION 00438 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE -Failure to submit this form may be grounds for disqualification of your submittal- City of Sanford I Finance Department I Purchasing Division' 300 N. Park Avenue Suite 236, Sanford, Florida 32771 SORD CITY OF Phone: 407-688-5028 or 5030 ( Fax: 407-688-5021 4 ANF FINANCE DEPARTMENT PROJECT CT 11'll'�1\ UAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00440 BIDDER QUALIFICATION AFFIDAVIT State the true, exact, correct and complete name of the company, partnership, corporation, trade or fictitious name under which the Bidder does business and the address of the place of business. At 1 '1"0 -1 acAoy - Semi (jL I --Vai-,C,. Name of Bidder 43 C* %a kcLbf. 6rartktci�4 . - M10• al ?• LAO .1a�XnC_)CL11 emr VNAV� Address of Bidder ofBidder Bidder EjMail Address Bidder's Contractor's License No(s). tAblW .aa43 (As issued by the Florida Dept. Of Business and Professional Regulation Construction Industry Licensing Board) The Bidder is (check one of the following): (} An Individual ( ) A Partnership (t Corporation Principal Office Address: `S� � tC � i. Q,rMxte. l.t A 313 1. If Bidder is a corporation, answer the following: Date of Incorporation:cot State of Incorporation:�C!'�i QCT- President's Name: Vice President's Name: Jwy PeS —T. Zyotz, i 2. If Bidder is an individual or a partnership, answer the following: Date of Organization: t/ K Name, Address and Ownership Units of all Partners: State whether general or limited partnership: >�C 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 1J 1 K 4. If Bidder is operation under a ficti' ame, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: Yes N1A 5. How many years has the Bidder been in business as a Contractor under its present name? 6. Under what other former names has the Bidder operated? t j OVIA P, Rev 04/2018 1) SCCITY Of ORD FINANCE DEPARTMENT City of Sanford 1. Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Phone: 407-688-5028 or 50301 Fax: 407-688-5021 PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS 7. How many ears' experience in construction work has the Proposer had as a Prime Contractor? w euxx 8. List below information concerning c m pa�bblle projects the Proposer has completed in the last five (3) years as a Prime Contractor for the type of work required for this project (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Proposer named above. The City of Sanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Proposer. Name of Project Name of Owner Owner Contact Construction Major Construction Name and Phone Contract Items No. Amount t�iySi Q„ Cowti � _ 50 � ( rnav� 7Z� 1Z C tea u!,t:lct•i e.S . +fcst. •-i24• 2' 33 CA -K ° Akey1 61M1& ton •% 'r 54w f% ►ain 3$b•takes. at,a-b I96/, S �xaN Z. 'Sieve C arYot� 's A =iX s -Tmve 9. Has the Proposer ever failed to complete any work awarded to it? If so, state when, where and why (attach additional sheets as necessary). N�o 10. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore (attach additional sheets as necessary). 1�c 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Propos r (attach additional sheets ��asnnecessary): (,g}ya,( t'�.�tin_3 aand 6Off A&- �G.3>10 .Sc;,�l41iq tkV 1tuk 12. What is the Proposer's bonding capacityone— M'All IL 13. 13. What amount of the Proposer's bonding capacity has been used as of the date of this bid? Ac�o� D 0 O 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: KZrCV%& ft1^S 13.4 01 C0 -er. ar�^� a .. '{''�8 d .Sk . '�o�.,r, 5� 'Pur' -/{e. t tO Satn• A- V L771 15. Has the Proposer en in disputes or litigations in the last five (5) years over construction projects which arle completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). No The Proposer acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the City in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the City to reject the bid or proposal, and if after the award to cancel and terminate the award and/or contract. City of Sanford I Finance Department I Purchasing Division CITY OF 300 N. Park Avenue Suite 236, Sanford, Florida 32771 SANFORD Phone: 407-688-5028 or 5030 1 Fax: 407-688-5021 FINANCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III —SIDE STREETS Name of Proposer Si ature of Authorized Representative (Affiant) Date z% -V. ova . ., < Printed or Typed Name and Title of Authorized Representative COUNTY OF Y 011A C-- STATE OF FLORIDA On thisltday of —TQ V'' 4L 20�_, before me, the undersigned Notary Public of the State of Florida, personally appeared �' is/are subscribed to the within instrument, and WITNESS my hand and official seal. He/She is erso (Notary Public in and for.the My commission expires: _ whose name(s) acknowledge that he/she/they executed it. me or has produced as identification. VIL j i_ id Statt Atorementiorle END OF SECTION 00440 Page 3 of 3 MELISSA R. TOMPKINS Notary Public - State of Florida Commission # FF 199807 My Comrp. Expires Feb 15, 2019 Bonded through National Notary Assn. PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE 'Failure to submit this form may be grounds for disqualification of your submittal-® City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 CITY OF SPhone: 407-688-5028 or 5030 Fax: 407-688-5021 J4NFORD FINANCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00450 CERTIFICATION OF NON -SEGREGATED FACILITIES FORM The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of its establishments. The Contractor further certifies that none of its employees are permitted to perform their services at any location under the Contractor's control during the life of this contract where segregated facilities are maintained. The Contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise. The Contractor agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 and that it will retain such certifications in its files. Contractor of Authorized Representative I or Typed Name and Title of Au 41m Pireiiam�,-, Representative END OF SECTION 00450 f 1--/ Date PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE Iv'Failure to submit this form may be grounds for disqualification of your submittal- City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 CITY OF S�ORD Phone: 407-688-5028 or 5030 Fax: 407-688-5021FINis MENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00452 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO".If you answer "YES", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years?N (Ye 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from contract or job related to the services your firm provides in the regular course of business within the last five (5) years?_(Yo 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claim or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? f�JJ (Y ote: If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, rief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. G2.... ,..Y'tG.' ature of Authorized Representative Date t -!s 1: C -4 -D -o Ir. Vi C. &Si d, -,t Printed or Typed Name and Title of Authorized Representative END OF SECTION 00452 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE -Failure to submit this form may be grounds for disqualification of your submittal- City of Sanford I Finance Department I Purchasing Division CITY OF 300 N. Park Avenue Suite 236, Sanford, Florida 32771 � SWORD Phone: 407-688-5028 or 5030 1 Fax: 407-688-5021 FINANCE OEPAATMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00454 Drug -Free Workplace Certification The drug-free certification form below must be signed and returned with the IFB response. In order to have a drug-free workplace program, a business shall: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in the first paragraph. D. In the statement specified in the first paragraph, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. E. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of the foregoing provisions. By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided in Attachment E, Drug -Free Workplace Certification, is truthful and correct at the time of submission. IANT SIGNATURE __SWV4tL -T Cx oz -Te. TY��d Name of�FFI T V ALL Title STATE OF 1 lor1_ COUNTY OF The foregoing instrument was executed before m_e�this i f ay of 1J�.e- 20 1 t, by �cl '.tT� - u7 I .-� , as V �' Le— resi of ltxlu.+iR a.C.�u r re or affirmed tha h she is authorized to execute this document and thereby bind the Corporation, and who is pe s;Zy_:.k=!W;t( } Iasip as identification. i tpaYp'G;,, MELISSA R. TOMPf FI ) °< Notary Public -State of Florida 1, �- Commission # FF99507 1 F E NOTARY PUBLIC State of (S My oe, My Comm. Expires Feb 15, 2019 ' ! �+ Bonded through N + AND SUBMIT WITH YOUR IFB RESPONSE ®'Failure to submit this form may be grounds for disqualification of your submittal's City of Sanford I Finance Department ( Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 S ORD CITY OF Phone: 407-688-5028 or 50301 Fax: 407-688-5021. . A►NF FINANCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III —SIDE STREETS SECTION 00456 UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT The City of Sanford will not intentionally award publicly -funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City of Sanford shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the City of Sanford. The Affiant identified below deposes and states that: 1. The below identified Contractor does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 2. Upon request of the City, it will provide copies of Immigration Form I-9 for each person associated with the above named company who has been or is present at the designated jobsite associated with any work or project resulting from this solicitation. Y 1 ce-, , "rir+c- - Contractor of Authorized Representative (Affiant) i[7Lme-y.'* 1 L'y-MAD, J`f;' V %C -e. I-rcS Printed or Typed Name and Title of Authorized Representative (Affiant) j COUNTY OF V Ok"i 0,, STATE OF FLORIDA Date On thisl�day of 20iv y before me, the undersigned Notary Public of the State of Florida, personalty__ap eared "'�" Y whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and officiallsseal.QShe s to me or has produced , as identification. myll ea C. VC C_Jr()... A0 -' (Notary Public in and for the County and My commission expires: c3.Fj 5 SEAL ._ _, , i�gr r� MELISSA R. TOMPKINS c'a°min Notary Public - State of Florida 4! , - Commission ,# FF 199607 My Comm. E;pires Feb 15, 2019 "» Bonded through National Notary Ass, PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE -Failure to submit this form may be grounds for disqualification of your submittal- City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 CITY OF Phone: 407-688-5028 or 5030 j Fax: 407-688-5021 SAr�oR1a FINANCE DEPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00458 E -VERIFY COMPLIANCE AFFIDAVIT The Affiant identified below attests to the following: 1. That the Contractor is currently in compliance with and throughout the term of the above identified project and will remain in compliance with Executive Order 11-02, issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ("E -Verify") System to ensure that all employees of the Contract and the Contractor's subcontractors performing work under the above- listed Contract are legally permitted to work in the United States. 2. Each Contractor that performs work under the Project referenced above shall provide the City of Sanford, Florida, a copy of the "Edit Company Profile" screen indicating enrollment in the E -Verify Program. 3. The Contractor will register and participate in the work status verification for all newly hired employees of the contractor and for all subcontractors performing work on the above -listed Contract. 4. The Contractor agrees to maintain records of its compliance with the verification requirements as outlined in this Affidavit and, upon request of the any Authority having jurisdiction over the Project, including, but not limited to, the State of Florida, agrees to provide a copy of each such verification to that Authority. 5. That all persons assigned by the Contractor or its subcontractors to perform work under the above identified project will meet the employment eligibility requirements as established by the Federal Government and the government of the State of Florida. 6. That the Contractor understands and agrees that its failure to comply with the verification requirements as set forth herein or its failure to ensure that all employees and subcontracts performing work under the above identified project are legally authorized to work in the United States and the State of Florida constitute a breach of contract for which the City of Sanford may immediately terminate the Contract without notice and without penalty. Contractor further understands and agrees that in the event of such termination, the Contractor shall be liable to the City for any costs incurred by the City as a result of the Contractor's breach. 7. That for the purposes of this Affidavit, the following definitions apply: "Employee'— Any person who is hired to perform work in the State of Florida. "Status Verification System" — the procedures developed under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, operated by the Department of Homeland Security and known as the "E - Verify Program", or any successor electronic verification system that may replace the E -Verify Program. (Intentionally left blank. See page 2) City of Sanford I Finance Department I Purchasing Division CITY OF 300 N. Park Avenue Suite 236, Sanford, Florida 32771 SOl\R�D�('� Phone: 407-688-5028 or 5030 1 Fax: 407-688-5021 J�11 � 1' 1.J fINANCE OfPARTMENT PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS ,� — cs.)rr a��ou.,Arot' of [zed Representative (Affiant) Printed or Typed Name and Title of r j Representative (Affiant) COUNTY OF Y d 1L%i 0— _ STATE OF FLORIDA Date i�' On this ` day of L./V-"."e. 20 before me, the undersigned Notary Public of the State of Florida, personally appeared . C-4--, whose name(s) is/are subscribed to the5 to ins lent he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal H She is(j2ersonally kno to me or has produced I as identification. sm IN (Notary Public in and for the County and St to Aforementioned) SEAL My commission expires: - %1 19 END OF SECTION 00458 Page 2 of 2 tY pU MELISSA R TOMPKINS Notar7 Public - State of Florida Commission dA FF 199507 My Comm. Expires Fab 15, 2019 %Pt n c Bonded through Hational Notary Assn. SECTION 00460 AMERICANS WITH DISABILITIES ACT AFFIDAVIT By executing this Certification, the undersigned Contractor certifies that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the City of Sanford be held liable for the actions or omissions of the Contractor or any other party or parties to the Agreement for failure to comply with the ADA. The Contractor agrees to hold harmless and indemnify the City of Sanford, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the Contractor's acts or omissions in connection with the ADA. Contractor gnature of Authorized Representative (Affiant) � ( Date orYtie S "C: CV-Ou3 _ _, �f . V �c �reS; rU2 Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF�046 %(l STATE OF FLORIDA On this day of J urye. Public of the State of Florida, personally appeared whose name(s) is/are subscribed to the v he/she/they executed it. WITNESS my hand and official identification. (Notary Public in and for the CCouintyy and State Aforementioned) SEAL My commission expires: 1 11t END OF SECTION 00460 before me, the undersigned Notary Bey acknowledge that me or has produced, as MELISSA R. TOMPKINS i; Notary Public - State of Florida Commission # FF 199807 My Comm. Expires Fab 15, 201 U,:,.�!-gdthrougn f;2tiona! t:c'Un, h -s, SCIA SECTION 00462 FINANCIAL INFORMATION FORM If requested by the City of Sanford, the following information is to be provided by the Bidder as part of the City's evaluation of the Bidder after Bids have been received by the City: 1. Bank References: Name of Bank Bank Address Contact Name and Title Contact Phone No. Fe.i C,Y-CAS- Un�ort VoLANIM b\v 3'x� , v' S-3owXto- Soto O0,c.�-{` i-ATW,1• "t7. Sio4S x 39.C11a+r3 2. Attach a financial statement including Bidder's latest balance sheet and income statement showing the following items: A. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). B. Net Fixed Assets C. Other Assets D. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) E. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings) F. State the name of the firm preparing the financial statement and date thereof: G. This financial statement must be for the identical organization named on page one. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. IFB 17/18-42 - Cloud Branch Phase III - Side Streets 3. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: Name Address Percentage Owned ri Ai n4. exo 0 aLIA 4S1r,a kc.K,,_*S r. O -r\ e- C k1o3 1 0 .--- Gme S 1. )c sic.- �-. rt.. 7.1 U!) 4 9 t o Bidder Signature of Authorized Representative Date Printed or Typed Name and Title of Autfiorized Representative END OF SECTION 00462 IFB 17/18-42 - Cloud Branch Phase III - Side Streets SCIT�ORD FINANCE DEPARTMENT City of Sanford ( Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Phone: 407-688-5028 or 5030 ( Fax: 407-688-5021 PROTECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS SECTION 00463 FLORIDA TRENCH SAFETY ACT STATEMENT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the cost of compliance with the applicable trench safety standards as follows: Trench Safety Measure (Description) Units of Measure (LF, SY) Unit Quantify Unit Cost Extended Cost A. -French B. C. D. TOTAL: / NOTE: The total cost shown herein is already included in the various items in the Total Bid Price in the Contractor's Proposal and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Failure to complete the above and submit with the Bid Form along with other required bidding documents, may result in bid being declared non- responsive. Submitted, signed and sealed this I� day of��20l V C6NTRACTOR SIGNATURE By: 1. 25 -. cro") -5Y Printed Name Title a" S��cx-- tp 3 Business Address �-== MELISSA R. TOMPKINS ATTEST: Notary Pubile - State of Florida {" q A,��il� Commission # FF 199807 Gy ,Foggy o�t � My Comm. Expires Fab 15 2013 6 /f! / 1 Bonded through National Nctay Pssn Signature Seal NOTE: If the Contractor intends to install pipe by some other method than trenching under the definitions found in the Florida Trench Safety Act (90-96, Laws of Florida), he shall so indicate by outlining in the space provided below the method he proposes and how it will comply with the Florida Trench Safety Act and related OSHA Standards for the Owner's evaluation. City of Sanford I Finance Department ( Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 cltr of SORD Phone: 407-688-5028 or 5030 Fax: 407-688-5021 A►.I`TF FINANCEDUAIMENT PROJECT MANUAL' ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III -SIDE STREETS The Cost of accomplishing the work by any alternate methods to trenching is included in the bid prices shown in the Contractor's Proposal. Outline of Alternate Method: Submitted, signed and sealed this I S day of Tih,,L . 20 t e CONTRACTOR SIGNATURE \ By: -5'artves L • Tr Printed Name Title Business Address `• — i """"�• MELISSA R. TOMPKINS ATTEST:I O;pQY AV ' I r ;,'a � �r-; votary Public - State of Florida 1I )•_ Commission # FF 199507 My Comm. Expires Feb 15, 2019 Signature Seal Bonded through National NciaryAssn. -_ - •— END OF SECTION 00463 Page 2 of 2 PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE -Failure to submit this form may be grounds for disqualification of your submittai'w Y OF SCIT�ORD FINANCE DEPARTMENT City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Phone: 407-688-5028 or 50301 Fax: 407-688-5021 PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III —SIDE STREETS Attachment "C" Organizational Information The Bidder must include a copy of their State Certificate of Good Standing/Articles of Incorporation, which lists the corporate officers. In addition to the aforementioned documents the Bidder/Bidder must include necessary information to verify the individual signing this proposal/bid and or any contract document has been authorized to bind the corporation. Examples include: A. A copy of the Articles of Incorporation listing the approved signatories of the corporation. B. A copy of a resolution listing the members of staff as authorized signatories for the company. C. A letter from a corporate officer listing the members of staff that are authorized signatories for the company. TYPE OF ORGANIZATION (Please place a check mark (✓) next to applicable type) Corporation Partnership Non -Profit Joint Venture Sole Proprietorship Other (Please specify) State of Incorporation �" i o r` c_ Principal Place of Business (Enter Address) -� C'1. U Ci O r ch.V\ e__ t_ l4 q Federal I.D. or Social Security Number ' (.0 U By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided in Attachment "C", Organizational Information, is truthful and correct at the time of submission. Bidder/Contractor Name: P � \ - e_y V—G..t (\ rX � C�.C�_-7c\n sC�.'C i tu-- f� Mailing Address: ckg Jt �� k cJLy'-ckcvG e C A� .- 3 Telephone Number: `A � U ' a� � " � Cl (o C1 Fax Number: � � (+' ^ � � � � � � 7 V E-mail Address: FEIN: (0 1 1 U U C) Authorized Signatory. Print Name: 1 f%�VYI_�? 1 1 (uc J �� Title Cf Date PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE -Failure to submit this form may be grounds for disqualification of your submittal's Rev 0441018 3 SCITL TY OF ORD FINANCE DEPARTMENT City of Sanford I Finance Department I Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Phone: 407-688-5028 or 50301 Fax: 407-688-5021 PROJECT MANUAL ONE TIME CONTRACT TITLE: CLOUD BRANCH PHASE III —SIDE STREETS I Attachment "D" Proposed Schedule of Subcontractor Participation 0 No Subcontracting (of any kind) will be utilized on this project. Solicitation Number: IFB 17/18-42 Title: Cloud Branch Phase III - Side Streets Total Project Amount: $ Subcontractor Minority Code (if applicable) Company Name Address Phone, Fax, Email A Mca1 C,t,C Trade, Services or Materials portion to be subcontracted Percent (%D) of Scope/Contract Federal ID Dollar Value NA nY-C,-V1r_1c; ml�Itn d, 0 W c( - 513C1 jAa'(_a.scc ti2eArs C,1ce •rcry3ly� rL Islander H Hispanic �\40 CV S urs rc_y ,>r -Ll i -I Cr' � Service Disabled NArasco..,pc.rs - PERCENTAGE TOTALS FOR SUBCONTRACTOR PARTICIPATION b PERCENTAGE TOTALS FOR MINORITY SUBCONTRACTOR PARTICIPATION Minority Code Description Minority Code Description Code Code AA African American NA Native American A Asian/Pacific W Woman Islander H Hispanic SDVBE Service Disabled Veteran When applicable, the Bidder, will enter into a formal agreement with the subcontractors identified herein for work listed in this schedule conditioned upon execution of a contract with the City. By the signature(s) below, Uwe, the undersigned, as authorized signatory to commit the firm, certify that the information as provided in Attachment "D", Proposed Schedule of Subcontractor Particination, is truthful and correct at the time of submission. Bidder/Contractor Mailing Address: Telephone Number: Al� �0 —c_Z�� - U% Fax Number: 3 k U ____) t R' - (A -7 0 E-mail Address: t_�o CAV-�CW `rQt rrn CJLX mit V � CQ--- , C-0 YYl FEIN: Cll�ip -- k \ kX 03C) ` Authorized c Signatory _ Print Name: cr�� f C�rok-i �t Title �+ (�2 Date lq I- - PLEASE COMPLETE AND SUBMIT WITH YOUR IFB RESPONSE -Failure to submit this form may be grounds for disqualification of your submittal - Rev 04/2018 Cly r ove 0 19, CITY OF ii. �. Sk�4FORDWS RM X r INI FLORIDA Item No. (Q, phi CITY COMMISSION MEMORANDUM 18 — 183B AUGUST 27, 2018 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Jeff Davis, Project Manager SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Cloud Branch III Secondary Drainage Project ITI STRATEGIC PRIORES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ® Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Award of Bid # IFB 17/18-42 to the lowest responsive and responsible bidder is proposed for the Cloud Branch III Secondary Drainage Project and approval of implementing procurement activity is requested. F'ISCALISTAFFING STATEMENT: The total amount requested is an amount not to exceed $147,407.87 and is available from the Stormwater Secondary Drainage account. BACKGROUND: The City is planning to make improvements to the drainage along Holly Avenue from 9th Street to 10th Street and south on Myrtle Avenue at 13th Street. These improvements will address areas where stormwater infrastructure is in need of replacement due to the advanced age of the system. The project will consist of new drainage structures and pipe. The City advertised an Invitation for Bid in accordance with City Procurement Policies. All Terrain Tractor Service, Inc. of Orange City has been determined by City staff to be the lowest and most responsive bidder. The vendor's corporate officers are James T. Crow, Jr. and Christine E. Crow. The bid tabulation sheet is attached. LEGAL REVIEW: The City Attorney has reviewed and has no legal objection to the actions to be implemented in accordance with City Purchasing Policy. RECOMMENDATION: It is staff's recommendation that the City Commission award Bid # IFB 17/18-42 to All Terrain Tractor Service, Inc. and approve the implementing procurement activities in an amount not to exceed $147,407.87. SUGGESTED MOTION: "I move to award the Bid # IFB 17/18-42 to All Terrain Tractor Service, Inc. and approve the implementing procurement activities in an amount not to exceed $147,407.87." Attachment: (1). Bid Tabulation Sheet. (2). Bid Opening Minutes. d W d d E � H k 0 � m z w ..G. w PT4 LL O) V d CO Q ° op °° o°o° 0 o,oa00000 0 0 0 0 0 0 0 0°° °o 0 o nn w F 0 ° c 0 OJ 0 8 UV N? N N p °0 0 U O °o °o °0 0° 00 0 0° 0 0 0 °0 °o 0� °0 0 0 0 °V, 0 0° o a^ h N h N O N N N N N N N N N N N H M N H UN o N M^0 N O° 7 n u°•) 0 0 0 0 0 0 N N N O qO Q• N N N e0e{{ V' N N N N? y N �O N N Q N A U N N N N N O �CCaau co CO v'to°OOo^O w0o'o 0 o 0 0oq0 9 •� N N F tMf1 N N w Q K t") N D) N y� N N N �j N N N N N N N N N N N d N qF C � N Ch7 u u v A p V W m F F w a 0 dm h y E c c C) o r w W v 7 M V v ° F 3 A c��o maC�p, �d�� w m� �, •AAS qv•o vx x M a11, cE-Fa xF' °ai .n.aV G 0 o c V '.• � y V u u O .-. N .� v 8) •p V C cn0 U, ddC, ;O w wO.. MOyo �Mt0N NOh N � d 0,rn ;;E: -- N n VN LO O O NN O 0h O WAO OO O O OO 0ON 0-1 0.1 0 k 0 � m z w ..G. w PT4 LL O) V d CO V�C d co Nb b O n b O MZ5�Icax Giz o aC0 ato W W nn w F Q��y3FD$'D • vIL FINANCE DEPARTMENT 300 N. Park Avenue, Sanford, Florida 32771 • Telephone (407) 688-5028 Fax (407) 688-5021 • Email: purchasing@sanfordfl.gov July 23, 2018 Re: IFB 17/18-42 Cloud Branch Secondary Drainage To Whom It May Concern: The City of Sanford Purchasing Division hereby provides notification of its intent to award the above referenced solicitation to the below listed firm: All Terrain Tractor Service This Notice of Intent to Award is subject to final approval by the City Commission therefore, this Notice does not constitute the formation of an agreement between the City and the apparent successful bidder. The successful bidder shall not acquire any legal or equitable rights relative to this solicitation until an agreement, and/or purchase order, containing terms and conditions acceptable to the City is duly approved and executed by the City. In the event the apparent successful bidder fails to accept, negotiate, and execute the agreement with the City, at its sole discretion, the City may revoke the award and proceed to award to the next lowest, responsive and responsible bidder, reject all bids received, cancel the solicitation, and/or re -solicit at a later time. The City further reserves the right to cancel this Notice of Intent to Award at any time prior to execution of a written agreement and/or purchase order, as applicable. Thank you for your interest in doing business with the City of Sanford, Florida. We look forward to receiving your submittals in the future. Respectfully, A�r 4 Marisol Ordonez Purchasing Manager CITY OF SANFORD, FLORIDA - PURCHASING DIVISION SOLICITATION OPENING CERTIFICATION AND MINUTES (Section 255.0518, Florida Statutes) A. Solicitation Title: IFB 17118-42 Cloud Branch Secondary Drainage Number IFB 17118-42 Opening Date 06121/2018 Opening time 2:00 p.m. Documents Including Announcement of This Opening Are Available for Viewing or Downloading at www.mvvendorlink.com Location of Opening: City Commission Chambers 1. On this date the opening of the solicitation response identified above is hereby verified and the public announcements recorded below regarding the solicitations received were duly made. It noted that no other business was conducted, there were no discussions and no input was received from anyone in attending. There was no attendance record made. X IFB- Announced the name of each bidder and the amount of their bid. _ RFP- Announced the name of each respondent. _ RFQ- Announced the name of each respondent. _ If any submission was not opened and/or announced: check this item and indicate on tabulation below specific information as to why the submission was not opened or announced. _ All submissions were opened and read. The tabulation below reflects the information read. 2. Name of City Em I yee v�lh ann d the bids:( ail ��, V irT ." Certification (1) B ' 4^ d' M () , . Signature date printed name and title Certification (2) By: 9 1y MOLA4& &AA P" -r v+ "Iy S4 Signature 8atd printed name and title/ 3. The public notice indicated by § 286.0105 and 286.011 Florida Statutes is not required because no rule, resolution, or formal action has taken place or considered at this opening. Therefore, a verbatim record of the solicitation specifically identified above is not required if a person, in accordance with City of Sanford Policy Number 15., elects to file a protest or appeal an action associated with the identified solicitation. 4. Florida Statute 119.071: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Note -City of Sanford Procurement Procedure 6-500 mandates that as applicable to an IFB: the name of each bidder and the specific amount of the bid will be shared at the opening, for an RFP or RFQ the name of each person or firm will be shared at the opening. (Florida Statures may be found at: http:/lwww.leg.state. l.uslstatutesl) Tabulation ♦ rl ♦ s� � % I' I� r ♦ _ I _ Initial here if tabulation is attached in lieu of using the above tabulation or if additional pages are attached. It is noted that this is page one of _1_ pages. ACCOR& CERTIFICATE IFICATE O LIABILITY INSURANCE DATE(MI,11DD/YYYY) �✓ 08/31/2018 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 pol(cy(ies) 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 CONTACT Melissa Adrian, CPSR NAME: Caton-Hosey Insurance PHONE (386) 767-3161 1 FAX (386) 760-1770 Ext): A1C. No 3731 Nova Rd. INLo ADDRESS: melissa@catonhoseycom INSURER(S)AFFORDING COVERAGE NAIC # EACH OCCURRENCE S 11000,000 Port Orange FL 32129 INSURER A: Southern Owners 10190 INSURED INSURER B : Auto -Owners Ins Co 18988 All Terrain Tractor Service Inc INSURER C . Bridgefield Employers 10701 949 Shadick Dr INSURERO: INSURER E : PRODUCTS -COMWOPAGG 5 2.000,000 Orange City FL 32763-8904 INSURER F : L.VYCRAUCa GtK I IFIL:AI In NUMM-H! �,L1-/11016940 12MIM11M Id11AAACD. 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 CONTRACTOR 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. INSRPOLICY LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER EFF MMIDDNYYY POLICY EXP MMIDDIYYYY LIMITS A x COMMERCIAL GENERAL LIABILITY CWrdS-`rADE D OCCUR X XCU Included x Contractual Liability 72553323 11/30/2017 11/30/2018 EACH OCCURRENCE S 11000,000 CAt GE pREAtISES Ea rotturrence 5 300,000 M-EDEXP (Anyoneperson) S 10,000 PERSONAL 11,AOV INJURY s 1,000,000 GENLAGGREGATELIMUTAPPLIESPER: POLICY Q JPEC D LOC GENERAL AGGREGATE S 2.000,000 PRODUCTS -COMWOPAGG 5 2.000,000 $ OTHER: 1 AUTOMOBILE LIABILITY x ANYAUTO COMBINED SINGLE LIMIT $ 1,000,000 Ea axideni BODILY INJURY (Per person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS HIRED N0N-01.11NE0 XAUTOS O\LY AUTOS ONLY 5055253900 11/3012017 11/30/2018 BODILY INJURY Per accident) 5 PROPERTYDAMrAGE per aaJden t 5 PIP 5 10,000 X U14DRELLALtA8 \/I OCCUR EACH OCCURRENCE s 5,000,000 A EXCESS LtAB CLAIMS -MADE 5055332300 11/30/2017 11/30/2018 AGGREGATE g 5,000,000 OED RETENTION 5 5 I C WORKERS COMPENSATION AND EMPLOYERS' YIN LIABILITY ANY PROPRIETOWFARTNERIEXECUTIVE OFFICERIMIEMSBEREXCLUDED? NI NIA 830-54947 11/30/2017 11130/20118 STATUTE ERH E.L.EACHACCIDENT 5 1,000.000 E.L. DISEASE -EAEMPLOYEE S 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS txto:a E.L. DISEASE - POLICY LIMIT S 1.000,000 A Rented & Leased Equipment 72553323 11/30/2017 11/30/2018 Ded $1,000 $300,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Cloud Branch Phase III Side Streets, Solicitation # IFB-17-18-42 City of Sanford Is included as an Additional Insured for General Liability and Auto with respects to operations of the Named Insured and as required by written contract. Coverage is primary and non-contributory. Notice of Cancellation Is 30 days unless with respect to Non -Payment Cancellation which will be 10 days. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sanford ACCORDANCE WITH THE POLICY PROVISIONS. 300 N Park Ave AUTHORIZED REPRESENTATIVE Sanford FL 32771 /-- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Nielson, Mosholder & Associates A member Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771. (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PERFORMANCE BOND BOND NO: FLC84751 Contractor Name: All Terrain Tractor Service, Inc. Address: 949 Shadick Drive Orange City, FL 32763 Phone No: 386-218-6969 Surety Company: Merchants Bonding Companv (Mutual) Surety Address: P.O Box 14498 Des Moines IA 50306 - 3498 Surety Phone No: 515-243-8171 Owner Name: Citv of Sanford Address: 300 North Park Avenue Sanford, FL 32771 Phone No: 407-328-7848 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Cloud Branch Phase III -Side Streets-IFB 17/18-42., Sanford, FL Project Location: Seminole County, Florida Legal Description: Cloud Branch Phase III -Side Streets-IFB 17/18-42, Seminole County, Sanford, FL z r t:if or 6ANI Bond No. FLC84751 SI;C'I'[C)N 00605 PERFORMANCE BOND KNOW AL,L, HIEN BYTHESE PRESENTS: That All Terrain Tractor Service, Inc. (Name of CONTRACTOR) 949 Shadick Drive, Orange City, FL 32763 (Address of CONTRACTOR) a _ _ Corporation hereinafter caller! (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Mutual) __(Name of Surety) P.O Box 14498 Des Moines IA 50306 - 3498 (Address of'Surety) hereinafter called Surety, are held and firmly bound unto I) City G),FSanford Florida hereinafter called OWNER, in the full and just Sum of -Qne_Hundred..F..orty__Seven_Th.Qtrsand_Four FLundred Seven and 87/100 DOLLARS t$147,407.871 tin 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 severalty, firmly by these presents. 'File sum shall not be less than one hundred percent (100%) of the Contract Price. OWNER, R, dated the elati I entered into a e riaut � anent with the THE CONDITION OF 'El Its O LIGATION is such that where it, I r'nci P� A a r r a copy of which is hereto attached and made a part hereof Im- the construction of 2-) City of Sanford Cloud Branch Phase III -Side Streets IFB 17/18-42 1) Nome e)f0wxer 2) A"ante of 'rojcct identified in /nstructions to (Bidders This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the samc extent as C'ONTRr,C'FOR is bound. NOw, '1-IERf-FOR1-', the condition oflhis obligation is such that ifPrhtcipal: A. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said '\-reeilneut inchrding. bili nen limited to the insurmwe provision., guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement B. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' tees, includin« costs and attorney's tees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and PERFORMANCE BONE) C. Satisfies all claims artcf demands incurred under the Agreement, and fully indemnifies and holds harmless the; OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is CO -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. IFB 17/18-42 Cloud Branch Phase Iii - Side Streets ry ( lv is ... ....., V P41`( SECTION 00605 Pane 2 of 3 In the event that the Principal shall fail to perform any of the tenus, covenants and conditions of the Aareentent and the Contract [documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. Ili the event that the Surety fails to fidfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation ofthis Performance Bond, The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement wider the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal front defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to. (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re-bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate fiords to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of ally proceeding initiated under the 1.3aukrupicy Code of 1971, as the same maybe amended, or any similar state or federal law, or any limitation of file liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or tire changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. further, Principal and Surety acknowledge that the Sunt of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract I9ocuments, Thc. Performance 13011d and the I'aynunt Bond and the covered amounts of each are separate and distinct from each other This Bond is intended to comply with the requirements of Section 25 5.05, Florida Statutes, as amended, and additiomtlly, to provide common law rights more expaosive than as reiluired by statute. The Surety agrees that this Bond shall be construed as a common law bond. 1N WITNI SS WI IERE01'. this instrument is executed this the_ day of _ -- A'lTEST: Secretary (Principal) Typed Name (CORPORATE SEAL.) IF B 17/1842 Cloud Branch Phase III - Side Streets All Terrain Tractor Service, Inc. Principal (C' ntractor) By ( ,� faille) i VVD Typed Name and Title 949 Shadick Drive Address Orange City, FL 32763 City, State, Zip N.l ..�i .. (Witness to Principal) Please See Attached Power of Attorney (Surety) Secretary Typed Name (CORPORATE SEAL.) I. J 'l/? .._ /. BY: Witness as ety Myoshi_McDavid Typed Name r; Witness as to Surety Brian Turner Typed Name (386)218-6969 386)218-6970 Telephone No. Facsimile No. Typed Name ATTEST: Merchants Bonding Company (Mutual) Surety (515)243-8171 (515)243-3854 Telephone No. Facsimile No. Attorney -in -Fact Don Bramlage, Attorney -In -Fact & FL. Resident Agent Typed Name 4380 St. Johns Parkway, Suite 110 Address Sanford, FL 32771 State. Zip J4U7) 33t)-3990 (4Q7) 330-394 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is it joint venture, all ventures' shall execute the Bond. If CONTRACTOR is parutership, all partners shall execute the Bond. liMPOR.TANT: Surety companies executing Bonds must appear oil the Treasury Department's most currem list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER, ATTACH a certified Power-ol'Attorney appointing individual rlitorney-in-fact for cxecutiou of Per'f'ormance Bond on behalf of Surety. END OE' SE:CC TION 00605 IFB 17/18-42 Claud Branch Phase III - Side Streets Nielson, Mosholder & Associates A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PAYMENT BOND BOND NO: FLC84751 Contractor Name: All Terrain Tractor Service, Inc. Address: 949 Shadick Drive Orange City, FL 32763 Phone No: 386-218-6969 Surety Company: Merchants Bonding Company (Mutual) Surety Address: P.O Box 14498 Des Moines. IA 50306 - 3498 Surety Phone No: 515-243-8171 Owner Name: City of Sanford Address: 300 North Park Avenue Sanford, FL 32771 Phone No: 407-328-7848 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Cloud Branch Phase III -Side Streets -11`13 17/18-42., Sanford, FL Project Location: Seminole County. Florida Legal Description: Cloud Branch Phase III -Side Streets-IFB 17/18-42, Seminole County, Sanford. FL Bond No. FLC84751 f - "AI_` _ 1 9 SECTION 00610 PAYMENTBOND KNOW ALL MEN BY THESE PRESENTS: that All Terrain Tractor Service, Inc. (Name of CONTRACTOR) 949 Shadick Drive, Orange City, FL 32763 (Address of CONTRACTOR) a _ =Oration— hereinafter called (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Mutual) (Name of Surety) P.O Box 14498, Des Moines, IA 50306 - 3498 (Address of Surety) hereinafter called Surety, are hcid and firmly bound unto 1) City ot'Sanford. Florida hereinafter called OWNER, ill the full and just Sum of One Hundred Forty Seven—Thg-usand Four Hundred Seven and 87/100 -_ DOLLARS ($147-407.8.7....---- min lawful money of the United States, for the payment of which stun well and trtdy to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sanm shall not be less Chan one hundred ten percent (I 10%) of the Contract Price. fHF CO\DITI(N OI _ IS OT1LICi1'I ON,2yuclh that whereas, the Principal entered into acertain gree the OWNER, dated the da yof � - 7 _ a copy of which is thereto attached and made a part hereof for the construction of 2) Cloud Branch Phase III - Side Streets. iFB 17/18-42 1) N'rrrrare flj*Owncr 2.) Name, gl'Pnject idemfid ill Insirrtclions ro Bidders I he Surety shall be bound by any and all alternative dispute resohrtion awards and settlements to the same extent as C'ONTIZACTO R is bound. NOW, TIIEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants Ras defined in Section 255.050), Florida Statutes, supplying Principal with labor, 0.Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation slhall be void; otherwise, it shall remain ill full fierce and effect subject, however, to the following conditions: This Bull(] is furnished liar the propose of complying with the requirements of Section 255.0..), Florida Statutes, as the same naay be amended. Therefore, a claimant, except a laborer, who is not in privity, hvith the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall. within forty-five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to took to the Bond fear protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to die Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one year from the performance of the labor or completion of (lie delivery of the Materials or supplies. IFB 17118.42 Cloud Branch Phase III - Side Streets 0 r Or SANIURD SECTION 00610 Page 2 of 3 The Surety, for value received, hereby stipulates and agrees that its obligations hereunder small remain in fill] force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance Nvith orally default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1975, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 3. Any changes in or Lll1dCl_ the Agreement or Contract Documcrits and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surcty acknowledge that the Sum of this Bond shall increase or decrease in accordance with (lie Change Orders 4, (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 4. The Performance Bond and the Payment Bond and file covered amounts of each are separate and distinct from each other. 7 -7 IN wil"Nips ERFOF, this instrunmit is executed this the -j ---day of. WI) I �'F' 111, ATTEST: Secretary (Principal) Typed Name (CORPORATE SEAL,) (Witness to Principal) Typed Name A'I 'TF , ST: Please See Attached Power of Attorney (Surety) Secretary Typed Name (CORPORATE SEAL) IFB 17/18.42 CIOLKI Branch Phase III - Side Streets All Terrain Tractor Service, Inc. Principal (Contractor) Fly (Signature) Typed Name and Title 949 Shadick Drive Address Orange City, FL 32763 City, State, Zip (386) 218-6969 (386) 218-6970 Telephone No. Facsimile No. Merchants Bonding Company (Mutual) Surety (515) 243-8171 (515) 243-3854 Telephone No. Facsimile No. By: witliess/A's to Surety Attorney -in -Fact Myoshi McDavid Don Bramlage, Attorney -In -Fact & FL Resident Agent Typed Name Typed Name %"" 4380 St. Johns Parkway, Suite 110 Witness as to Surety Address Brian Turner Sanford, FL 32771 Typed Name City, State, Zip (407) 330-3990 (407) 330-3949 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' shall execute the Bond. If CONr'I-RACfOR is Partnership, all partners shall execute Bond. INIPORTANT: Surely companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 a.s amended) and be authorized to transact business ill the. Statc of Florida, unless otherwise specifically approved in writing byO '\ER. AT"i"AC1I a cerlified Power -of -Attorney appoining individual Attorney -in -Fact Im- execution of Perform,mce Bond on behalf of Surety. END OF SEC I'l0N OOGt 0 IFB 17118.42 Cloud Branch Phase III - Side Streets MERCHANTS BONDING tivt POWER OF ATTORlNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Don Bramlage; Edward M Clark; Laura D Mosholder their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of October 2017 ��N 11�tt `. • '•gypppRt �0•y ..`�y� app �0y•. q�'. Q+; 0 '�-4,a.'1,�; MERCHANTS BONDING COMPANY (MUTUAL) BONDING, INC. tiy:'�yQ 2 , MERCHANTS NATIONAL .. •�. . v : 2003 ;` : y ' 1933 :'.y By ''• ''J •• fly' fis '' L1•� President .•, %7" STATE OF IOWA ��""""``��+ • • • ` COUNTY OF DALLAS ss. On this this 10th day of October 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. taut ALICIA K. GRAM sp Commission Number 767430 My Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of ��.•'aNION4 j'. •••0W cq,-.. • s _ 2003 : p? c '~ 1933 Secretary ''.,�.� •.......• .'• •idly' \1�. POA 0018 (3/17) "'",,...•` ••.••.•• Nielson, Mosholder & Associates A member Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PERFORMANCE BOND BOND NO: FLC84751 Contractor Name: All Terrain Tractor Service, Inc. Address: 949 Shadick Drive Orange City, FL 32763 Phone No: 386-218-6969 Surety Company: Merchants Bonding Company (Mutual) Surety Address: P.O Box 14498 Des Moines, IA 50306 - 3498 Surety Phone No: 515-243-8171 Owner Name: City of Sanford Address: 300 North Park Avenue Sanford, FL 32771 Phone No: 407-328-7848 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Cloud Branch Phase III -Side Streets-IFB 17/18-42.. Sanford, FL Project Location: Seminole Countv. Florida Legal Description: Cloud Branch Phase III -Side Streets-IFB 17/18-42 Seminole County, Sanford, FL VCAN(l (,J(Ot Bond No. FLC84751 SECT ION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That All Terrain Tractor Service, Inc. (Name of CONTRACTOR) 949 Shadick Drive, Orange City, FL 32763 (Address of CONTRACTOR') a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Mutual) __(Name of Surety) P.O Box 1449$ Des Moines IA 50306 - 3498 (Address of'Surety) hereinafter caped Surety, are held and firmly bound unto 1) Cit} oCSanforGl_LFlorida _ hereinafter called OWNER, in the full and just Sum of-pyo-Hundred.Forty..See-ver>_IbDmaand-Four Hundred Seven _and _87/100 _ DOLLARS (S 147,407.87_) ill lawful money of the United States, for the payment of which sum well and truly to be made, we bind oursclves, successors, and assigns, jointly and severally, firmly by these presents. 'file sum shall not be less than one hundred percent (100%) of the Contract Price, THE' CONDITION OF THIS BLIGATION is such that whereas. ie rincipal entered into a certpnt Agreement with the OWNER, dated the_ _ day of a copy of which is hereto attached and made a part hereof Gx the construction of ) City of Sanford _ - Cl --Bjra.nch Phase III -Side Streets. IFB 17/18-42 _. 1) !fume of(.)uuner 2) Acme of f'rofecrt irlemilied in Instructions to Bithlers This bond is being entered into to satisfy the requirements of Section 257.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surely shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTI�A(-'"VOR is bound. NOW, TIIEREH..)RE, the condition ofthis oblii'ation is such that if Principal: A. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said "\$ueement including, bili neat limited to tba, insurance provisions, vilarm)(y period and the warranty provisions, in the time and manner prescribed in the Agreement 13. Pays OWNER all losses, damages, delay damages (li(juidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly fi"ont arty breach or default by Principal under the Agreement, and PERFORMANCE BOND C. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and bolds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in frill 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. 1FB 17/18-42 Cloud Branch Phase III - Side Streets gC SECTION 00605 Page 2 of 3 In the event that the Principal shall fail to perform any of the ternns, covenants and conditions of the Agreement and the Contract Documents of which tine Agreement is za part during tine period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnity and hold the OWNER harmless from any and all loss, dantage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this performance Bond. The Surety stipulates and agrecs that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting tinder the Contract Documents, (ii) Surety's offers to OWNER to bury back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Suety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if perfornnance of the Principal's Work exceeds the Principal's Contract Price or (ii)re-bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for tine completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. III any event, tate Principal's Contract Tinte is of the essence and applicable delay damages are not waived by Ow -NUR. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding ('i) amendments or modifications to the Agreennent entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or may defatrll under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as n result of any Inroceediug initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceedung. Any changes in or under the Agreement and Contract Documents and compliance ornonconnpliance t+ith an} fonualities connected with the Agreement or file changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum ofthis Bond shall increase or decrease in accordance avith Change orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents, The Pei formance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirennents of Section 25;.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Steely agrees that this Bond shall be construed as a couumon law bond. IN WITNESS \VI IEREOP, this instrument is executed this the � � _day of M PEST: �! C_._ ��^^ C -------- Secretary (Principal) L UO L-„ 4 Typed Name (CORPORATE SEAL) IEB 17/18-42 Cloud Branch Phase III - Side Streets All Terrain Tractor Service, Inc. Prirrcii�tal (_' ntr or) -- By {Si Hatt e) Vi c, N,- i c er . Typed Name and Title 949 Shadick Drive Address Orange City, FL 32763 City, State, Zip (NVitness to Principal) Please See Attached Power of Attorney (Surety) Secretary Typed Name (CORPORA'rE SEAL) By: _ ! Witness a Myoshi McDavid Typed Name Witness as to Surety Brian Turner Typed Name iT t"Tv JI -�ANFORD (386) 218-6969 (386) 218-6970 Telephone No. facsimile No. Typed Name ATTEST: Merchants Bonding Company (Mutual) Surety (515) 243-8171 (515 25� 43-3854 Teiepllyne No. facsimile No. Attorney -in -Fact / \ `� Don Bramlage, Attorney -In -Fact & FL Resident Agent Typed Name. 4380 St. Johns Parkway, Suite 110 Address Sanford, FL 32771 City, State. Zip -KO _.-3990 (4 7)_330-39.49 "Telephone No. facsimile No. NO'i E: gate of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' sliall execute the Bond. IfCONrRACrOR is partnership, all partners shall execLrte the Bond. HMPORTANT: Surety companies executing Bunds must appear on the Treasury Department's most current list (Circular 570 as amended) mid be authorized to transact business in the State of flo6da, unless otherwise specifically approved iti writing by OWNER. A TACB a certified Power-ol'-Attorney appointing individual Attorney -in -Fact for execution orl'ei-tormarnce T3rmd on behalf of Surctti. END Of SECTION 00605 IFB 17/18-42 Cloud Branch Phase Ill - Side Streets Nielson, Mosholder & Associates A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PAYMENT BOND BOND NO: FLC84751 Contractor Name: All Terrain Tractor Service, Inc. Address: 949 Shadick Drive Orange City, FL 32763 Phone No: 386-218-6969 Surety Company: Merchants Bonding Company( (Mutual) Surety Address: P.O Box 14498 Des Moines. IA 50306 - 3498 Surety Phone No: 515-243-8171 Owner Name: City of Sanford Address: 300 North Park Avenue Sanford, FL 32771 Phone No: 407-328-7848 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Cloud Branch Phase III -Side Streets-IFB 17/18-42., Sanford, FL Project Location: Seminole County. Florida Legal Description: Cloud Branch Phase III -Side Streets-IFB 17/18-42. Seminole County, Sanford, FL Bond No. FLC84751 KNOW ALL NIEN BY THESE PRESENTS: that (Name of CONTRACTOR) SECTION 00610 PAYINIENT BOND All Terrain Tractor Service, Inc. 949 Shadick Drive, Orange City, FL 32763 (Address of CONTRACTOR) Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Mutual) (Name of Sure(v) P.O Box 14498, Des Moines, IA 50306 - 3498 (Address of Surety) hereinafter called Surety, are held and firmly Lound tmto 1) Citv of Sanford, Florida hereinafter called OWNER, in the full and just Stan of One Hundred Forty Seven Thousand For ndred Seven and 87/100 DOLLARS d -U7 407,8.7,,,__, ) in lawful money of the United States, for the payment of Nvliieh stun well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be cess than one hundred ten percent (110%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal eptered i a certain Agreement with the OWNER, dafai the Jday(Z- ) a copy of which is hereto attaclied and made a part hereof for the construction of 21 Cloud Branch Phase III - Side Streets, IFB 17/18-42 1) Name of' Onvrrer 2) rAl"im- o%Prgject iderrtijied is histractions to 6i(h1e s The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of tliis obligation is such that if Principal shall promptly make- payments to all claimants as defined in Section 255.0507, Florida Statutes, supplying, Principal with Libor, 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 followiugconditions: This Bond is furnislied lot [lie purpose of complying; with die requirements of Section 255.05, Florida Statutes, as the same may be amended. Therefbrc, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall. within forty-five (45) days after beginning to f imish labor, Materials or supplies for the prosecution of the Work, fiiniish the CONTRACTOR with a notice that lie intends to took to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and Nvho has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, Nvitliin 90 days after the date that tine rental equipment was last on the job site available for nse, deliver to die CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the NMateriais or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one year from the performance of the labor or completion of the delivery of the ivtaterials or supplies. IFB 17/18-42 Cloud Branch Phase III - Side Streets SA"., NFORD SECTION 00610 Page 2 of 3 2. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, 00 waivers of compliance with or any default mider the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations wider the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or ',Illy similar state or federal law, or any limitation of the liability or Principal or its estate as a result Of any SLIC11 proceeding. 3. Any changes in or UlldCr the Agreement or Contract DOCUMCIAS and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this l3on(I shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 4. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. FN WITNESS TIERT OF, this instrument is executed this the---D---day of'— ATTFIST: --- CLVI--- L Secretary (Principal) C'n N Typed Name (C,ORPORATl SEAL) (Witness to Principal) Typed Name AT TEST: Please See Attached Power of Attorney (Surety) Secretary Typed Name (CORPORATE SEAL) IFB 17118-42 Cloud Branch Phase III - Side Streets All Terrain Tractor Service, Inc. Princl '11 (Coll ractor) V, By Kj, 73 Ck N--Q- Typed Name and Title 949 Shadick Drive Address Orange City, FL 32763 City, State, zip (386) 218-6969 (386) 218-6970 Telephone No. Facsimile No. Merchants Bonding Company (Mutual) Surely (515) 243-8171 (515) 243-3854 Telephone No. Facsimile No. A toll. Oj 671 +( 7 �,�/ P ��j��f9"�l � f,-„ s 6�� i �'%' ? r� � i^�p ,lir ��•� By. C X s ,� ..�" . Witness rrs to Surety Attorne• -111- act Myoshi McDavid Don Bramlage, Attorney -In -Fact & FL Resident Agent TypedNameTyped Name 4380 St. Johns Parkway, Suite 110 `"fitness as to Surety Address Brian Turner Sanford, FL 32771 Typed Name City, State, Lip (407) 330-3990 (407) 330-3949 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures' shall execute the Bond. If CO,NTRt1CTOR is Partnership, all partners shall execute Bond. INNIPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) incl be authorized to transact business in the state of Florida, unless otherwise specifically approved in writing by ONVNE:R. ATTACH a certified Power -of -Attorney appointing; individual Attorney -fn -T=act for execution ofPerformamee Bond on behalf of Surety. END OF SL:CI'ION 00610 IFB 17118.42 Cloud Branch Phase III - Side Streets i< 1 " BONDING COMPANY,. . 1 . Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Don Bramlage; Edward M Clark; Laura D Mosholder their true and lawful Alto rney(s Yin -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of October 2017 MERCHANTS BONDING {�d4p0�4i%'':©y : �•°j��4�P0'�9,;��,�� MERCHANTS NATIONAL ONDAING,( INC. (MUTUAL) ZZ ^v . 2003 ; ;c; I* y ` 1933 By / • J ; .��+a�•........ .:,. ,�• ... .• �� President STATE OF IOWA ''•""'`t.• COUNTY OF DALLAS ss. On this this 10th day of October 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.__ AUCIA K. GRAM �v Commission Number 767430 My Commission Expires f ,o+rat` April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 001Ygt'••. �,.•• .•�O1N...GQ,y�A 2003 1933 = c' Secretary ;� : �6;. dC .• POA 0018 (3/17)